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HomeMy WebLinkAbout02132008rCRY OF ~>~~ll~~ST ~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 13, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY 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 -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER WOLFF 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER WOLFF We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.015 A. Proclamation -Step Up Florida 2008 08.016 B. Recognition of Employee of the 4th Quarter -John Pratt 08.017 C. Announcement by Mayor Coy -City of Sebastian Recipient of the Distinguished 3 Budget Presentation Award for the Current Fiscal Year by Government Finance Officers Association (GFOA) 8. ITEMS CARRIED FORWARD FROM 1/23/08 MEETING WHICH WERE NOT ADDRESSED 08.013 A. Sebastian River High School Student Presentation -Crime and Drug Use Prevention (backup previously provided) 08.014 B. Set Bi-Annual Goals and Objectives for City Manager, City Attorney 5 As Required by Resolution R-07-31 (City Clerk Transmittal) 9. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 7-16 A. Approval of Minutes - 1/23/08 Regular Meeting 08.010 B. Approve $500,000 Department of Environmental Protection Grant Agreement 17-64 #G0235 for Sebastian Collier Canal Retrofit Project and Authorize City Manager to Execute (City Manager Transmittal, Grant Agreement) 08.018 C. Approve Interlocal Agreement for Coordinated Planning and School Concurrency 65-70 with Indian River County, IRC School Board, Vero Beach, Fellsmere, Indian River Shores and Sebastian -Effective March 1, 2008 and Authorize Mayor to Execute (GMD Transmittal and Memo, Agreement Under Separate Cover) 08.019 D. Award Professional Services Agreement for Comprehensive Plan Update 71-s2 Consultant to Land Design Innovations, Inc. in an Amount Not to Exceed $55,000 w/ Use of $5,000 from Contingency If Needed (GMD Transmittal, RFP Committee Minutes) 08.020 E. Approve Travel for Council Member Simchick to Tallahassee for Legislative s3 Meeting -Date to Be Determined (City Clerk Transmittal) 08.021 F. Waive Bidding Procedure and Approve Expenditure of $22,877.55 for Police s5-ss Department Purchase of Nine Jaguar Portable Radios, 18 Batteries, 9 Chargers, and 9 Microphones from Communications International Inc. Based on 20 Year Contract w/ M/A-COM Wireless Systems, Inc. (PD Transmittal, State Contract No. 725-001-01-1) 08.022 G. Resolution No. R-08-03 - 1st Quarter Budget Amendment (Finance Transmittal, s9-122 R-08-03, Memo, Capital Project Status Report, Schedule of Investments, 1st Quarter Accomplishments and Operating Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 11. PUBLIC HEARINGS -None 12. UNFINISHED BUSINESS 08.023 A. Discussion -Airport Advisory Committee (No Backup) 2 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. A. Polly Coe - Fellsmere Day Update and Invitation (No Backup) B. Vickie Williams - My Safe Florida Home Program Update (No Backup) 14. NEW BUSINESS 08.024 A. Approve ITT Land Lease at Sebastian Municipal Airport for FAA Approved 123-150 Unmanned 60' Radio Navigation Tower (Airport Director Transmittal, Land Lease, ITT Proposal) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mr. Neglia B. Mr. Paternoster C. Ms. Simchick D. Mr. Wolff E. Mayor Coy 19. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Lwe Broadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING 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 /N ADVANCE OF THIS MEETING. Upcoming meetings: February 27, 2008 - 7:00 pm -Regular City Council Meeting March 12, 2008 - 7:00 pm -Regular City Council Meeting March 26, 2008 - 7:00 pm -Regular City Council Meeting April 9, 2008 - 7:00 pm -Regular City Council Meeting Apri123, 2008 - 7:00 pm -Regular City Council Meeting STEP UP, FLORIDA! 3. FEBRUARY 23,2008 4N OUR WAY TO HEALTHY LlV/NG WHEREAS, a healthy and. productive community is essential to the-City of Sebastian's misswn~ to successfully°pr`omote ,and protect the health and' safety ~of :its, citizens and an unhealt ;. _. ~ , . by lifestyle can erode our most important asset -the people'in our community, and - WHEREAS, over the last twenty=five years, studies have shown over and>over aga~n;that human be~ngs.:need ~~physical 'activity, yet only;.25.5% of "people, hying ~n :Indian Rwer County report that they engage in vigorous physical'activity and 26.4% are considered °obese; and WHEREAS, tNe Clty of -.Sebastian supports the -endeavors _,of the -State- and County Health Departments .in promoting physical fitness by Supporting the,annual Statewide Step Up~ Floridal~and he establishment of recreation, and sports facilities In `the City anci;~County, and NO'W THEREFORE, .I;~,andrea B C_oy, by virtue' of -the authorlty,.vested In 1me asp Mayor of the'Clty of Sebastian do hereby invite `the Sebastian community to-'come `out~and be.~a part of Step Up Florida) by parbc~pating In a two mile nature hike at. Sebastian` Inlet, State Park on Safurc~ay, Febtuary 23, 2008 as-away of showing oursupportfor this very_~mportant statewide effort, -and encourage citizens to become active in -the` recreation opportunities provided by ;~ Sebastian anci~lnd~an Rwer County. IN' WITLESS WHEREOF Ihave hereunto. set my hand and caused, the seal of the City of ` Sebastian, Florrda, to be affixed this 13th day of February 2008.; Andrea ~B: Coy, Mayor 0 anroF ~~~ HOME OF PELICAN ISLAND 0 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 January 16, 2008 The Honorable Andrea B. Coy Mayor City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mayor Coy: I am pleased to notify you that City of Sebastian, Florida has received the Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Shai Francis, Finance Director Al Minner, City Manager We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. C~ '~' CG3 GY? Sincerely, L_ -=~ _._ c_ ;, _ N ~ "'"U _.i Stephen J. Gauthier, Director ~ ~ :': ~-, Technical Services Center ~ ~ = rn _. o c~ ~, ~: Enclosure o8.di7 Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 Washington, DC 20004 202.393.8020 fax: 202.393.0780 www.gfoa.org 0 an a ~'r.~ HOME Of PELIGN ISUWD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: n ~. b ~ ~{ Set Goals and Objectives for Each Charter Officer Department Origin: Ci Clerk City Mana er City Attorney: ' Date Submitted: 1/16/08 For Agenda of: 1 /23/08 ~~~~ ~ ~~i 3~~~ ~ `l~z~ e~ Exhibits: None SUMMARY STATEMENT City Council adopted Resolution No. R-07-31 on August 22, 2007 to establish procedures for Charter Officer evaluations. Language from the resolution is set out below. Language specifically states that goals and objectives for each of the Charter officers shall be bi-annually set in January and June. SECTION 7. CHARTER OFFICER GOAL SETTING. City Council shall bi-annually set and review goals and objectives for the City Manager, City Attorney and City Clerk at public City Council meetings in January and in July. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shall receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 1St of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in public for a hnal evaluation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney and City Clerk. RECOMMENDED ACTION Set goals and objectives for each Charter Officer. 0 ~v~~ ~C~~~~ ,_.~I __:.~._ ~_ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES ORPpt REGULAR MEETING WEDNESDAY, JANUARY 23, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. Mayor Coy called the Regular Meeting to order at 8:15 p.m. The Community Redevelopment Agency meeting held prior to this meeting did not adjourn until 8:00 p.m. The Pledge of Allegiance was led by Council Member Simchick. There was a moment of silence. Council Member Simchick read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff O~PFt Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin City Engineer, David Fisher Police Chief, Jim Davis Police Lieutenant, Michelle Morris Police Lieutenant, Greg Witt 0 Regular City Council Meeting January 23, 2008 Page Two 6. AGENDA MODIFICATIONS Mod cations and additions require unanimous vote of City Council members Mr. Paternoster noted the addition of item D on the consent agenda for an additional day for the Rotary Club Home Show at Riverview Park. Mayor Coy noted this was added before the packet went out on Friday. Voice vote of 5-0 officially added the item. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. A. Recognition of the Passing of Cora Sembler Sadler 1911-2008 Mayor Coy read a brief tribute to Cora Sembler Sadler, whose family moved to Sebastian in the early 1900's and who contributed to the written history of Sebastian, "Tales of Sebastian", when she served as President of the Sebastian River Area ~~ Historical Society. Brief Announcements OK'"' Ms. Simchick announced the Sebastian River Area Historical Society open house/ membership drive and antique auto show at the old schoolhouse on February 2, 2008. Mr. Wolff announced a program to dispose of electronic equipment which will be held at the Indian River Mall parking lot on January 26, 2008 from 9 am to 3 pm. Mayor Coy announced the joint School Concurrency workshop meeting of all Indian River County Commission, School Board and municipalities on January 31, 2008 at 2 pm at Indian RiverComrrrunity College Mueller Center. The Clerk noted the agenda backup will be posted on the City website. Mayor Coy announced the Sebastian Property Owners Association open house to introduce the new Sebastian River Medical Center CEO on February 4, 2008 at 7 pm. Mayor Coy announced that Katie Nall with Indian River Community College has announced that there are 274 registrations for the current semester of classes in the old schoolhouse and that other classes will start mid-semester. She said Ms. Nall can be reached at 226-2525 for further information. Mayor Coy noted her a-mail address has changed from earthlink.net to bellsouth.net but she prefers to speak to people and they can reach her at 388-0961. She said early voting has been a success and will continue through this Saturday in the old schoolhouse. Mr. Neglia thanked Mr. Wolff and reported further on the KIRB sponsored recycling of electronic equipment at the Indian River Mall parking lot near Macy's noting no microwaves or smoke detectors will be taken. 0 2 ORp,FS Regular City Council Meeting January 23, 2008 Page Three Mr. Neglia reported on the Emergency Services District Advisory Committee meeting, noting that station #9 on US 1 will be moving to Roseland Road, that the Barber Street station may get an Advanced Life Support truck, that 911 is doing well in Sebastian, that they may tear down the old US 1 station when the new station is done, and possibly talk to the City of Sebastian about the use of the land. He reported on the Treasure Coast League of Cities meeting at which mining issues were discussed and concerns expressed. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 3-14 A. Approval of Minutes - 1/9/08 Regular Meeting 08.008 B. William and Mary Ingui - 626 Layport Drive -Deed to City- Reimbursement of 15-19 $792.39 and Adopt Resolution No. R-08-202 Repealing Vacation of Easement R-98-20 (City Attorney Transmittal, Deed, R-08-02) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RESCINDING RESOLUTION R-98-20; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.009 C. Authorize the Purchase of Five Crown Victoria Vehicles from Duvall Ford in the 21-33 Amount of $127,740 and Five Chevrolet Trailblazers from Alan Jay Automotive Network in the Amount of $143,792 -Both Purchases to be Made Under Florida Sheriff's Association State Contract #07-15-0827 (PD Transmittal, Bid Info) D. Riverview Park Use Request -Rotary Home Show -Additional Day -Sunday, March 30, 2008 (City Manager Transmittal 1/18) Mr. Paternoster removed item A for a resident. MOTION by Ms. Simchick and SECOND by Mr. Neglia to approve items B, C and D of the consent agenda. Roll call vote was as follows: Ayes: All Nays: None Passed 5-0 Mr. Paternoster cited circle page ten of the packet and called Chuck Lever to the podium. Mr. Lever corrected his input on page as follows: "I had watched the County meeting and they asked the question about Old Dixie Highway and what we were going to do with Old Dixie Highway." ~q~ Regular City Council Meeting January 23, 2008 Page Four MOTION by Ms. Simchick and SECOND by Mr. Paternoster to amend the minutes. Voice Vote on the motion carried 5-0. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. None. ~~ ~A 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 08.010 A. Collier Creek Canal Project Update (City Manager Transmittal, Previous 35-39 U dates The City Manager sought guidance from Council regarding the potential of advertising an RFP for seawalls for the Collier Creek Canal project. He said staff had been approached after the rip rap proposals had come in by an individual who said that walls could be done for an affordable cost. He said there would be a need for additional engineering costs for engineers CDM in an approximate amount of $5900 to prepare the specifications and $7300 for them to respond to questions from firms preparing proposals. He requested approval to have the RFP prepared, obtain proposals and bring back a report to Council comparing numbers for the wall and rip rap proposals in mid March. He said there may be need for approximately $15,000 more in engineering costs to review the engineering plans submitted for a possible cost of $30,000 for additional engineering. He stated that material being considered is vinyl composite to be placed in front of the existing asbestos walls and capped. Public Input Mr. Gilliams, 1623 US 1, said he told Council to go with vinyl walls previously. William Thompson, Wimbrow Drive, Sebastian, said walls will save money in the long run because they will require no maintenance. Dean Quick, Layport Drive, Sebastian, asked if the new seawalls will go deeper into the ground to prevent washout. The City Manager said he would address these concerns after input. Brad White, Easy Street, Sebastian, questioned if rip rap was considered best for the environment, why are we going to seawalls which was considered least environmentally friendly. Bob Audette, Wimbrow Drive, Sebastian, thanked the City Manager and asked if the bird mitigation costs for Hardee have been broken out which would not have to be accomplished if we go with seawalls. He noted that the surface area mitigation concern ~O q Regular City Council Meeting January 23, 2008 Page Four DRAFT was not properly answered by CDM and will come up again. He asked if the canal is at a lower level will there need to be new calculations done. Samuel Spear, 518 Layport Drive, Sebastian, said water standing between his and Mr. Quick's yard needs to be looked at. William Thompson, said walls were considered the best environmentally. Brenda Terry, 561 Barber Street, said she preferred walls which take less property and rocks are dangerous. Bob Harkins, 662 Layport Drive, said he was in favor of walls. The City Manager said it was intended to build walls high enough to entomb the existing walls and specs will address water getting behind the walls. He said the method ranking was as follows: #1 Florida natural -grass and weeds; #2 walls; #3 rip rap; and #4 grass. He said the canal is actually at a higher level of 15.5 feet at present rather than its natural level of 14.7 feet, briefly mentioned that assessments may have to be discussed again, and that no promises are being made tonight. In response to questions from Council, the City Manager reiterated the intent was to entomb the walls and go deep enough into the canal so as not to cause a backwash and trash issue; ensured that we will make sure we are building something that will not fall apart and is safe; said that numbers need to be in reach when a concern was expressed about using up DST funds; and discussed the fact that spoils will still be an issue but we may have found areas so we may not need to use Hardee Park. He then recommended approval for staff to move forward to prepare specs and request RFPs for walls. As to assessments, he was asked to try to negotiate something that won't require them. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to have the City Manager and City Engineer to go ahead and come back with some RFPs and get own with the project. Roll call vote was as follows: Ayes: All Nays: None Passed 5-0 Mayor Coy called recess from 9:30 pm to 9:45 pm. All members were present. 08.011 B. Staff Report on Possible South Prong and River Pollution Within Citv Due to 41-52 Proposed Wild Turkey Rock Mining -Requested at 12/12/07 Meeting (City Manager Transmittal, GMD Report, IRC SDD Letter) Harvey Wheeler, Seahouse Street, Sebastian, and member of Natural Resources Report gave a brief report on the committee's view that there is a risk of a negative environmental impact to the City of Sebastian with mining, and the committee hopes the Council will speak through the committee in opposing the Wild Turkey Mine project. ~` Regular City Council Meeting January 23, 2008 Page Six DRAFT He said there was no mention of contaminants included in Wild Turkey's report which will expose the aquifer to contamination, discussed a court case for mining projects in Miami-Dade which cites benzene contamination, expressed concern for stormwater runoff risk, subsurface water table risk, drop in water table, and soils contamination. He asked that any materials received by staff or Council be shared with the Natural Resources Board. He said the risk to the environment from this project is too great, that he knows road material has to come from somewhere but not from where the aquifer will be compromised. Donna Keyes, US 1, Sebastian, and member of Indian River County Planning and Zoning, said her committee will meet tomorrow night in Vero Beach and she would be interested in seeing the information he presented regarding benzene. In response to Council, she said the State has formed a task force to address mining issues and their report will be presented to the Governor on February 1, 2008. Virginia Koerner, Chairperson of Natural Resources Board, further cited the Miami-Dade case and encouraged Council to read it. She stated benzene comes from trucks and equipment as well as explosives. She encouraged Council to read the document, which is also in Laserfiche on the City's website, and stated seven of 15 mines in Miami-Dade had to be closed. Russell Hermann, Friends of the Sebastian River, expressed concern for impacts of the Wild Turkey mine to the canal and St. Sebastian River. Mr. Wheeler, in response to Council Member Wolff, said to get coquina out of the six to eight foot level below ground that it is located, you insert blast holes and then reach in with equipment or chemical fractures can be made. Mr. Wolff said there are too many potential negative impacts for him to support the mine. Ms. Keyes said she will not know what direction the IRC P & Z will be taking until the meeting, that she is anxious to hear more information but will know better after tomorrow night who she can speak to under the Sunshine Law. She said the IRC mining moratorium is six months and the State caps such a moratorium at 12 months. Mayor Coy said she asked Commissioner Wheeler what the City Council can do at this point and he said he was confident there will be substantial changes made to the County code and did not ask the City to anything at this time. Ms. Keyes noted that 26 counties in Florida are currently dealing with mining issues. Mayor Coy asked Mr. Wheeler if his was a written report and he said he worked from an outline. She advised we watch what the State tells us, and perhaps a letter could be sent stating we would not support the mine, but then said maybe we could keep this open-ended until we see what the County comes up with and the State has to say. She said we need to start monitoring the south prong of the St. Sebastian River. IZ 6 DRAFT Regular City Council Meeting January 23, 2008 Page Seven Mr. Neglia read from the Growth Management report, said Indian River County is on top of it and we can make sure Council gets updated information. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting to 11 pm. Voice vote on the motion carried 5-0. Mr. Paternoster said Joe Paladin had said that blasting was not allowed in the subject area and he would like someone to check into this with the County. He said the issue is in the capable hands of the County and we should wait for the February 1St Task Force report and lend the County support. Ms. Simchick said she would have liked to have been notified of this application by the County, staff did a good job of answering her questions, and she was impressed with NRB, agreed with base line monitoring and would like to see IRC do monitoring of the canal. She asked the City Manager for statistics on water monitoring the City is doing as reported by Marge Reynolds. She recommended directing NRB to have this as a project, keep it ongoing on its agendas, and coordinate with staff. The City Manager said it is a good thing to use NRB to represent the City of Sebastian on this, but also said Council needs to clarify that it is a unified front on this issue and its voice should be heard as one. He said using NRB will free up staff and you have willing volunteers. Ms. Koerner requested that the large Miami-Dade case be copied to each member of the committee and it was the consensus of Council to have staff do so. MOTION by Ms. Simchick and SECOND by Mr. Wolff to select the Natural Resources Board monitor, update, report back to us further information on the application for coquina rock mining in Indian River County. Mr. Neglia asked to add "with the assistance of Growth Management" and Mayor Coy added the "Environmental Specialist" and Mr. Paternoster added "including the 178 page Miami/bade report." Roll call vote was as follows: Ayes: All Nays: None Passed 5-0 It was the consensus of Council to wait for more information before they express concerns to Indian River County. 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. i3 Regular City Council Meeting January 23, 2008 Page Eight Damien Gilliams, 1623 US 1, said we need a citizens academy, spoke about the vacant building where the Indian River College used to hold classes and said we are subsidizing the Mayor's college. He remarked, "rah, rah, rah," and the Mayor gave him a second warning. (Mr. Gilliams first warning happened at the preceding Community Redevelopment Agency meeting.) Mr. Gilliams thanked City Manager for coming to his property, asked Mr. Wolff to continue to look into the T-line at the airport, noted the Main Street project is more than $1.9 million, asked to put checks on website, said the City should listen to people in regard to Collier Creek, asked why the City didn't bid out the bank holding the $2 million from the State Board of Administration, talked about DST money. Todd Klitenic, Barber Street, Sebastian, asked why the ditches were being cut in January when two members of Council recommended against cutting outside of the growing season. In response to Mr. Paternoster, the City Manager said he would provide Conlon's schedule to City Council members. ~~ 13. NEW BUSINESS 08.013 A. Sebastian River High School Student Presentation -Crime and Drug Use Prevention (backup previously given) Mayor Coy said the students left due to the length of the meeting, and she had told them they would be up first on February 13, 2008. 08.014 B. Set Bi-Annual Goals and Objectives for City Manager, City Attorney and City Clerk 53 As Required by Resolution R-07-31 (City Clerk Transmittal) MOTION by Mr. Wolff and SECOND by Mr. Paternoster this item was moved to February 13, 2008. The City Clerk requested that her goals and objectives be moved to February 27tH since she would not be in attendance on February 13tH Voice vote on the motion carried 5-0. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to move City Clerk goals and objectives to February 27, 2008. Voice vote on the motion carried 5-0. 14. CITY ATTORNEY MATTERS The City Attorney said he would forward a memo to Council outlining the projects he is working on. He wished Council Member Simchick a happy birthday. i~ 8 Regular City Council Meeting January 23, 2008 Page Nine 15. CITY MANAGER MATTERS None. 16. CITY CLERK MATTERS DRAFT The City Clerk again noted she would be out of town and not present for the February 13, 2008 meeting. 17. CITY COUNCIL MATTERS A. Mr. Paternoster Mr. Paternoster asked the City Manger about the Public Works flatbed and boat not in use mentioned at the last meeting. The City Manager said he did not have any new information. The City Manager updated Council on T-1 line, that it will stream but not live, it needs a server upgrade with additional costs for live broadcast on computer. The City Attorney updated Council on the vegetation ordinance, that the U.S. Fish and Wildlife doesn't like the proposed language, but he will bring it back with a recommendation to do it anyway. He said he will have their letter forwarded to City Council and then go from there. B. Ms. Simchick Ms. Simchick asked for the individual who called her about noise at Capt'n Hirams to call her again. Said she would like to put alitter-free event clause in future festival contracts and perhaps this needed to be an agenda item. Reported that she received a letter from Friends of Roseland, noting our City affects their quality of life and recommended formation of a citizens advisory committee for the airport to balance with economic development issues and suggested this come back for discussion on an agenda. C. Mr. Wolff Mr. Wolff reported on the 7th Annual Sebastian River Fine Arts and Music Festival this Saturday and Sunday in Riverview Park. „ ~5 Regular City Council Meeting January 23, 2008 Page Ten ®~~~~ D. Mayor Coy_ Stated it may not be too late to have slitter-free event with KIRB at the Fine Arts Festival this weekend. E. Mr. Neglia Mr. Neglia asked that regulations for park use that Council had asked about before be placed on an agenda. 18. Being no further business, Mayor Coy adjourned the Regular Meeting at 11 p.m. Approved at the February 13th, 2008 Regular City Council Meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ~ ~0 10 .,~.~ ;. Hf)Mt OF Ft~T ~UtND AGENDA TRANSMITTAL >,. Subject: Agenda No. Dg. ~ ~ ~ State of Florida Department of Environmental Protection Department Orig' ~ Engineering City Attorney: Grant City Clerk: Date Submitted: 5 F B 08 Ap ov Submittal by: A e Ci Mana er Exhibits: Grant Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY The State of Florida Department of Environmental Protection has approved a $500,000 grant for the City of Sebastian. The grant's purpose is to funds projects that aim to address stormwafier pollutant measures. As such, the Collier Creek project has been deemed to fit such criteria. While we are in the midst of examining a change in side-bank treatment, SJRWMD officials have stated that provided the cross section of the canal does not dramatically change, the grant can fund a wall or rip-rap project. RECOMMENDATION Staff recommends the Council approve and execute the grant agreement. \1 IY DEP AGREEMENT NO. G0235 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD(S) THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and the CITY OF SEBASTIAN, whose address is Engineering Department, 1225 Main Street, Sebastian, Florida 32958, (hereinafter referred to as the "Grantee" or "Recipient"), a local government, to provide fmancial assistance for the Sebastian Collier Canal Retrofit Project. WHEREAS, the Department is the recipient of federal fmancial assistance from the Environmental Protection Agency (EPA); and, WHEREAS, the Florida Department of Environmental Protection was awarded funding by the Environmental Protection Agency pursuant to Grant Agreement No. C9-99451507-0; and, WHEREAS, the Grantee has been determined to be a subrecipient of federal fmancial assistance from the U.S. Environmental Protection Agency (EPA); and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. This Agreement shall begin upon execution by both parties and shall remain in effect for a period of fifty four (54) months, inclusive. This Agreement shall be effective October 1, 2006 for purposes of meeting the cost share or match requirements as described in Attachment A. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution and until the expiration of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by EPA and/or the Legislature. 3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $500,000 toward the total project cost described in Attachment A. Budget transfers among established categories are allowable with prior Department approval. Prior written approval from the Department's Grant Manger shall be required for changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal change order to the Agreement. Any change in the budget that increases or decreases the total funding amount will require a formal amendment to the Agreement. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Payment Request Summary Form. The Grantee shall submit the Payment Request Summary Form to the Department on a DEP Agreement No. G0235, Page 1 of 11 quarterly basis. A final payment request must be submitted to the Department no later than thirty (30) days following the completion date of the Agreement, to assure the availability of funds for payment. Each payment request submitted shall document all matching funds and/or match efforts (i.e. in-kind services) provided during the service period covered by each request. The Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows: ' Salaries/Waaes -The Grantee shall not be reimbursed for direct salaries or multiplier (i.e., fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees. However, the Grantee may document these expenditures for meeting its match requirements. 2. Overhead/Indirect/General and Administrative Costs -All multipliers used (i.e., fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. a. Fringe Benefits -Shall not be reimbursed under this Agreement. b. Indirect Cost -Shall not be reimbursed under this Agreement. 3. Contractual (Subcontractors) -Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts that involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Reimbursement of fixed price subcontracts approved by the Department shall be documented by copies of the paid invoices. 4. Travel -The Grantee will not be reimbursed for travel expenses under this Agreement. Equivment -The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement. 6. Other Expenses - e.g., Materials, supplies, phone, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. C. The Grantee may be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, induect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadu/reference%SFguide and allowable costs for Federal Programs can be /1 found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html and OMB ~v DEP Agreement No. G0235, Page 2 of 11 Circulars A-87, A-122, A-21, A-102 and A-110 as applicable, at http://www.Whitehouse.gov/omb/circularslindex.html#numerical. Five copies of each invoice, including appropriate backup documentation, shall be submitted to the Department's Grant Manager. D. The Grantee will limit its participation in the salary rate (excluding overhead) paid to individual consultants retained by grantee's or by a grantee's contractors or subcontractors to the maximum daily rate for GS-18. This limitation applies to consultation services for designated individuals with specialized skills who aze paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Subagreements with firms for services, which aze awarded using the procurement requirements contained in 40 CFR 31.36, are not affected by this limitation. E. Management fees or similaz charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similaz costs which are not allowable under this Agreement. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the work identified in Attachment A, Grant Work Plan. F. The parties hereto understand and agree that this Agreement does require a cost sharing or match on the part of the Grantee. The Grantee is responsible for providing $4,487,000 in cash or third party in-kind, towazds the work funded under this Agreement. All cost sharing/match shall meet the federal requirements established in 48 CFR Part 31 and OMB Circulars A-87, A-122, A-21, as applicable. G. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles aze incorporated by reference. Or anization T e A licable Cost Princi les State, local or Indian tribal overnment. OMB Circulaz A-87 Private non-profit organization other than (1) an OMB Circular A-122 institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular. Education Institutions OMB Circular A-21 For-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles and organization named in OMB A-122 as not subject Procedures, or uniform cost accounting standards to that circular. that comply with cost principles acceptable to the federal a enc . H. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds. EPA Grant Number CFDA Program Title Funding Amount C9-99451507-0 66.460 Nonpoint Source Implementation $500,000.00 Grants Total Fundin $500,000.00 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. DEP Agreement No. G0235, Page 3 of 11 ~.` A. The Grantee shall submit progress reports quarterly throughout the duration of the project. Progress reports shall be submitted in conjunction with the Payment Request Summary Form, described in paragraph 3.B. Progress reports shall describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. The Grantee shall utilize the Attachment D, Progress Report Form, for submitting its progress report. Reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. The final report shall be submitted no later than the completion date of the Agreement. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. Final payment, up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is completed and the final report has been received and approved. B. The Grantee agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under this Agreement. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise (MBE/WBE) "Fair Share" goals and objectives negotiated with EPA as follows: Florida Fair Share Goals Indus MBEIWBE Goals Architectural & En 'neerin Services Commodities 15% Combined Contractual Services Construction non SRF If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women-owned business to do work in the relevant market for construction, services, supplies and equipment. "Fair Share" objectives must be submitted to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by EPA no later than thirty (30) calendar days thereafter. Copies of all correspondence with EPA shall also be forwarded to the Department's Grant Manager. 3. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. 4. The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "Fair Share" percentages. 5. The Grantee agrees to follow the six affirmative steps or positive efforts stated in 40 C.F.R. 30.44(b), 40 C.F.R. 31.36(e), or 40 C.F.R. 35.6580, as appropriate, and retain records documenting compliance. 6. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal grants in conjunction with the required progress reports (see paragraph S.A). 7. If race and/or gender neutral efforts prove inadequate to achieve a "Fair Share" objective, the Grantee agrees to notify the Department and EPA in advance of any race and/or 22 DEP Agreement No. G0235, Page 4 of 11 gender conscious action it plans to take to more closely achieve the "Fair Share" objective. In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the Grantee agrees to utilize and to encourage any prime contractors under this Agreement to utilize small businesses located in rural areas to the maximum extent possible. The Grantee agrees to follow the six affirmative steps stated in 40 C.F.R. 30.44(b), 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any contracts under this Agreement. C. Pursuant to EPA Order 1000.25, dated January 24, 1990, the Grantee agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the Department. This requirement does not apply to reports which are prepared on fom~s supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. D. A draft comprehensive fmal report (hard copy and electronic) must be submitted no later than sixty (60) days prior to the completion date of the Agreement. The Department will review the draft final report and provide comments for inclusion in the final report within 30 days. One electronic (Adobe Acrobat .pdf format) and five (5) paper copies of the fmal project report, including one copy of any slides, photographs (digital or analog), and video footage taken throughout the project, must be submitted no later than the completion date of the Agreement. The Grantee's fmal report shall include a detailed summary of all project expenses, 319 h and all matching funds contributed on behalf of the Grantee, and a statement acknowledging that the project has been supported by a grant from the U.S. Environmental Protection Agency. The following language shall be included on the cover page of the fmal project report: "This project and the preparation of this report was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida Department of Environmental Protection. The total cost of the project was $[show actual amount , of which $[show actual amount] or [show actual percentaQel percent was provided by the U.S. Environmental Protection Agency." Additionally, all other fmal deliverables required by this Agreement (such as booklets, pamphlets, videos, scientific papers, etc.) which were fimded in whole or in part by federal sources shall include the language below to acknowledge the federal government's participation in the project. "This (booklet, pamphlet, video, paper, etc. as appropriate) was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through anagreement/contract with the Nonpoint Source Management Section of the Florida Department of Environmental Protection." The Grantee agrees to provide a copy of any draft report and/or fmal report to the Department before making, or allowing to be made, a press release, publication, or other public announcement of the project's outcome. This shall not be construed to be a limitation upon the operation and applicability of Chapter 119, Florida Statutes. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department ~ shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. DEP Agreement No. G0235, Page 5 of 11 3 B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that maybe legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or temunation. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. 1. The costs result from obligations which were properly incurred by the Grantee before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 9. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition. ~~ DEP Agreement No. G0235, Page 6 of 11 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may fiuTher apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal fmancial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state fmancial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit duector or contact the Deparhnent for assistance with questions pertaining to the applicability of these requirements. 11. A. The Grantee shall not subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, unless the subcontractor has been identified in the Grant Work Plan. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for its selection of subcontractors. C. The Grantee agrees to notify the Department of all subcontractors not identified in the Grant Work Plan no less than twenty days prior to the effective date of the subcontracts for the purpose of approval by the Department. The Grantee agrees to provide the Department with an executed copy of all subcontracts within ten days after the effective date of the agreement. D. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities maybe obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 12. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment F, Standard Form-LLL, "Disclosure of Lobbying Activities" and shall file DEP Agreement No. G0235, Page 7 of 11 ti5 quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (40 CFR 34] B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Grantee shall submit Attachment G, "Lobbying and Litigation Certificate" to the Department within ninety (90) days following the completion of the Agreement period. 13. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 14. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. David Worle Florida D artment of Environmental Protection Non oint Source Mana ement Section 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Tele hone No.: 850-245-7514 SunCom No.: 205-7514 Fax No.: 850-245-8434 E-mail Address: David.worle de .state.fl.us 15. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. David Fisher Ci En ineer Ci of Sebastian/En ineerin De artment 1225 Main Street Sebastian ,Florida 32958 Tele hone No.: 772-589-5490 Fax No.: 772-589-6209 E-mail Address: dfisher ci ofsebastian.or ~~ DEP Agreement No. G0235, Page 8 of 11 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the Tatter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazazdous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 19. The purchase of non-expendable personal property or equipment costing $1,000 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders aze subject to the mutual agreement of both parties as evidenced in writing. Any change order, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 21. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements of the Hotel and Motel Fire Safety Act of 1990. 22. If the Grantee's project involves environmentally related measurements or data generation, including the development of models that may be used in regulatory decisions, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to m;n;m;~e loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment H, Quality Assurance Requirements. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. DEP Agreement No. G0235, Page 9 of 11 2~ 24. A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Grantee agrees and certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by EPA to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled Attachment I, "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Federally Funded Transactions". C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment I in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 25. The Environmental Protection Agency and Deparment, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 26. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment J, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment K, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 27. Land acquisition is not authorized under the terms of this Agreement. 28. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2~ DEP Agreement No. G0235, Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF SEBASTIAN By~ Title: Date: f-29~C~ ATTEST: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Date: r,~ ~ ~~V (~ -r~- ~ ~ W ~?~, David Worley, DEP Grant Manager Sally A. Maio, MMC -City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney FEID No.: 59-6000427 ~~~, ~.~ DEP Contracts Administrator Approved as to form and legality: ~~,~. ~ ~_ D P ttorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (8 Pages) Attachment B Payment Request Summary Form and Instructions (2 Pages) Attachment C Contract Payment Requirements 1 Page) Attachment D Pro egr ss Report Form (2 Pages) Attachment E Special Audit Requirements (5 Pages) Attachment F Disclosure of Lobbying Activities (2 Pages) Attachment G Lobbying and Litigation Certificate (1 Page) Attachment H Quality Assurance Requirements (8 Pages) Attachment I Certification Re ag rdingDebarment/Suspension (2 Pa es) Attachment J Contract Provisions (3 Pages) Attachment K Regulations (1 Page DEP Agreement No. G0235, Page 11 of 11 1-°` ATTACHMENT A GRANT WORK PLAN PROJECT 14: Sebastian Collier Canal $500,000 FY07 319 $4,487,000 Match Retrofit Project LEAD ORGANIZATION: CONTACT PERSON: City of Sebastian, Engineering Department David Fisher, City Engineer City of Sebastian 1225 Main Street Sebastian, FL 32958 Phone 772-589-5490 Fax 772-589-6209 E-mail dfisher@cityofsebastian.org COOPERATING ORGANIZATIONS: 1. City of Sebastian Engineering Department 2. St. John's River Water Management District PROJECT ABSTRACT: The Collier Canal north of CR 512 in Sebastian will be dredged to remove sediments in order to provide baseline water quality improvements. Dredging the existing canal will increase the permanent pool and reduce existing mass loading of nutrients and suspended solids discharging to the ecosystem of the St. Sebastian River as well as the Indian River Lagoon. These systems have established total maximum daily levels (TMDL's) and pollutant load reduction goals (PLRGs) for their protection and improvement. The Collier Canal is part of the City's existing stormwater management system and the major collector of stormwater runoff accumulated from roads and residential properties located in the Sebastian Highlands Unit #2 and Unit #4. In all, there is a total tributary basin of approximately 853 acres. The residential portion of the watershed encompasses approximately 748 acres. Since the construction of the canal system, no continual maintenance dredging program has been performed. This has resulted in severe deposition and erosion problems that have led to a degradation to both in-canal and discharge water quality to downstream areas. In addition, there is extensive bulkhead failure occurring along nearly the entire perimeter of the canal. The continual erosion and deposition have resulted in a system that is more characteristic of a shallow eutrophic linear detention pond than a deepwater canal system. In addition, several seawalls along the canal are failing and the adjacent land is eroding into the canal. To remedy the problems of the canal and to restore the area to a system that functions as it was originally intended, the City of Sebastian intends to implement the Collier Canal Retrofit Project. The project consists of retrofitting the existing canal bulkheads with fabric and stone rip-rap with a 3:1 side slope and dredging of the canal to lower the bottom elevation an average of 3 feet. The modification will provide an additional 20.6 acre-feet of permanent pool volume for increased residence time from 5.2 to 9.5 days. DEP Agreement No. G0235, Attachment A, Page 1 of 8 The project is estimated to provide load reductions of 18% for TSS or 3,617 kilograms per year, kg/yr), 12% for Total Phosphorus or 27 kg/yr, 9% for Total Nitrogen or 229 kg/yr, and 35% for BOD or 3,103 kg/yr. Based on the requested grant total and the total estimated load reduction of all modeled pollutants, the unit removal cost is $71.7/kg. PROJECT LOCATION AND WATERSHED CHARACTERISTICS: The project is located in the City of Sebastian, Indian River County, Florida. The canal discharges into the St. Sebastian River, a tributary of the Indian River Lagoon, designated by the EPA as an "estuary of national significance", and a state priority water body designated under the Surface Water Improvement & Management Program (SWIM). The Indian River Lagoon and its tributaries are aNon-Point Source (NPS) priority watershed and in this vicinity is a Outstanding Florida Water and Aquatic Preserve. This segment of the Indian River Lagoon and the St. Sebastian River are included on the Section 303 (d) list of impaired waters. SJRWMD has identified two principal basin-specific concerns for the St. Sebastian River watershed. These are 1) Mass loading of nutrients and total suspended solids (TSS) and 2) Inputs of freshwater and its effects on the salinity within the receiving waters. It has been determined in the TMDL process that excessive amounts of both nutrients and TSS are currently being discharged into the system leading to potential eutrophic conditions and negative impacts to the sea grass populations and community structure of the Indian River. The canal is located in Sections 11 and 12, Township 31 South, Range 38 East in the City of Sebastian, Florida. The Collier Canal system is part of the existing stormwater management system and the major collector of stormwater runoff accumulated from the road and residential properties located in the Sebastian Highlands Unit #2 and Unit #4. In all, there is a total tributary basin of approximately 853 acres. Watershed Name: Indian River Lagoon: NPS Priority Watershed Latitude: 27.80407 Longitude: -80.49544 Hydrologic Unit Code(HUC): 3080202 Land Uses within the Watershed (acres and percentages of total): Land Use .. ,... Acres.' Low Densi Residential 745 87.3 Medium Densi Residential 2.7 0.3 Commercial 17.2 2.0 Institutional 49.3 5.8 Recreational 12.2 1.4 Water 26.8 3.2 Land Use Totals Acrea a and % POLLUTION REDUCTION STRATEGY: This project has been incorporated as part of the City of Sebastian 5-year Master Stormwater Capital Improvement Plan. Sebastian's ultimate receiving water is the Indian River Lagoon -segment 1.C.1 of the Indian River Lagoon as specified in the Indian River Lagoon Surface Water Improvement and Management Plan (IRLSWIM) Plan. The City's stormwater utility uses the SWIM Plan and Indian River Lagoon Comprehensive Conservation and Management Plan (IRLCCMP) as guidance for the City's stormwater program -see IRLCCMP Progress Report, City of Sebastian. The concept proposed for 319 funding embraces several of the actions in the IRLCCMP. On June 30, 2003 the United States Environmental Protection Agency (EPA) released a report entitled "Proposed Total Maximum Daily Load Development for the Northern and Central Indian River Lagoon and Banana River Lagoon, Florida -Nutrients, Chlorophyll a and Dissolved Oxygen." The total maximum daily loads (TMDLs) discussed in this report were required by the 1999 consent decree entered in the cases of Florida Wildlife Federation, Inc. et al vs. Carol M. Browner, et al. A requirement of the consent decree is that the TMDLs for these water bodies must be developed by September of 2004. The City of Sebastian is tributary to these water bodies and is represented in the report as being a component of DEP Agreement No. G0235, Attachment A, Page 2 of 8 3~ water body identification (WBID) IR14. A conversation with EPA staff indicated that this report garnered significant public comment and at present has not been fmalized. This TMDL covers a large area, approximately 2300 square miles. As such there was not a specific reference to the project referenced in this 319 (h) grant application. However a conclusion of this report recommends a reduction in nutrient loading to the Indian River Lagoon. The dredging of Collier Canal to increase the permanent pool and system residence time, will aid in this nutrient reduction. The City has actively involved the community in the City's Capital Program, which includes this project -involving them in the planning stage and improvement of the project area. As with all of the City's major stormwater improvement projects, an educational sign will be erected at the site which describes the improvement and the need for stormwater management within the City for resource protection (FSD-11, PIE-3, PIE-4). In addition, the City has committed in it's NPDES permit application to implement an ongoing program to educate the public in pollution prevention covering proper methods of fertilization, pesticide use, lawn and swale care, and proper disposal of used oils and recyclable materials. This program will include articles in the City's quarterly newsletter, the "Pelican Brief', the Stormwater Web Page, and through the local community government television channel. The City also is looking to initiate a cooperative educational program at the local middle school to include active participation of the students. The City plans future public education activities with support from the Environmental Learning Center, Florida Yards and Neighborhoods, and the Audubon Society. The Sebastian Municipal Golf Course will be encouraged to join the Audubon Cooperative Sanctuary Program (ACSP) for Golf. This program provides assistance and education that often results in golf courses reporting enhancement of natural environments and a reduction in water and chemical use. PROJECT OBJECTIVE(S): The proposed Collier Canal dredging and slope stabilization is a stormwater retrofit project and has two main goals, as follows: 1) To provide baseline water quality improvements by removal of approximately 33,000 cubic yards of accumulated sediments. This removal of sediment will deepen the canal by an average of 3 feet and provide an increase in residence time from 5.2 to 9.4 days, a more than 80 percent increase. The project will decrease outputs of suspended materials and of nutrient outflows from the Collier Canal. 2) To stabilize the failing seawalls and prevent additional erosion of the adjacent land into the canal. PROJECT DESCRIPTION: The St. Sebastian River has been identified by the Indian River Lagoon National Estuary Program and the Indian River Lagoon SWIM Program as a priority waterbody in need of water quality rehabilitation and protection (IRLNEP, 1996; SJRWMD and SFWMD, 1994). It is a major tributary of the Indian River Lagoon. Agricultural lands west of Sebastian account for a major portion of the run-off to the watershed and contribute significantly to the stormwater discharge through man-made drainage systems to the St. Sebastian River. The City of Sebastian is the primary urban center, which lies along nearly 9 miles of the lower eastern and southern banks of the St. Sebastian River and occupies approximately 9,000 acres of the 100,000 acres overall Sebastian River Watershed. In the late 1950's, General Development Corporation designed and constructed a street and drainage infrastructure to support development of approximately' J5,000 single-family home sites. Nearly half of these home sites are not yet developed. The City of Sebastian is presently experiencing a dramatic population growth, far greater than other areas in the watershed. This rapid growth is expected to continue for the foreseeable future. The City's existing storm drainage system is inadequate for both flood control and the impacts of stormwater on the St. Sebastian River and Indian River Lagoon. The majority of the City's stormwater run-off is delivered by a system of canals, ditches and swales to the St. Sebastian River and ultimately to the Indian River Lagoon. Initially installed during the early phases of the land development to the 1950's standards, this existing system does not provide the stormwater storage or treatment required by present day development standards. It has been suggested that throughout the Indian River Lagoon increases in turbidity have greatly reduced the area suitable for seagrass growth as a result of non-point source pollution. The grass beds immediately south of the mouth of the St. Sebastian River have consistently become more fragmented over time. There has also been an overall reduction in the total grass bed acreage and decreases in the maximum depth of these beds throughout the Indian River Lagoon. The St. Johns River Water Management District and the South Florida Management Diistrict (SJRWMD and SFWMD ) identified a number of basin-specific concerns for the St. Sebastian River watershed. The principal concern has to do with the considerable inputs of freshwater and its effects on the salinity within the receiving waters. Excessive freshwater DEP Agreement No. G0235, Attachment A, Page 3 of 8 drainage into the estuarine waters may result in species shifts that disrupt ecologically and economically important nursery areas. In addition, there is concern regarding increased suspended matter and nutrient loading associated with this freshwater input. This non-point source pollution may degrade water quality and affect local seagrass and shellfish populations. The City of Sebastian, through its Master Stormwater Management Plan has identified a number of Capital Improvement Projects to specifically address the quantity and quality impacts of the City's stormwater on the St. Sebastian River. One of the suggestions was to consider dredging of the existing canals to increase storage and improve water quality. The Collier Canal Retrofit project proposes to dredge the existing Collier Canal to remove sediments and improve water quality downstream Proposed Activities: The Collier Canal system, north of County Road 512, presently consists of a 6,000-ft long, linear dredged canal that varies in width from 80 feet to 100 feet. Located at the terminus of Collier Canal is a large flow control structure in which the current controlling elevation is set at 15.5 feet NGVD. Flow from the structure traverses through a relatively narrow, natural riparian system that discharges directly into the South Prong of the St. Sebastian River, which discharges directly into the Indian River Lagoon. The existing canal bottom varies in between elevations 10.0 feet and 13.0 feet NGVD. The canal will be dredged to a depth of 8.5 ft NGVD, providing an additional 20.6 ac-ft of permanent pool and increasing the residence time by over 80 percent. The project also consists of retrofitting the existing canal bulkheads with fabric and stone rip-rap with 3:1 side slopes. The existing vertical side slopes will be stabilized to prevent erosion of the adjacent land into the detention facility. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0235, Attachment A, Page 4 of 8 33 ESTIMAT B1VIF Install ~, Pre-P o Pc '~ Prc ~ Lc ~ Redi o a c Redi y Pre-P b o Pc '~ Prc ~ L~ a Redi o a , Redi ~, Pre-F b o P~ '~ Pry ~ L ~ Red' a Reduction Othe Othe TOTAL TSS TP TN Sediment BOD ~ ~ kg/yr kg/yr kg/yr kg/yr kg/yr Pre-Project o Post- '~ Project ~ Load ~ Reduction Reduction MODEL USED: The water quality model used to estimate the pollutant loading, both for the existing and proposed case was the public domain model, Watershed Management Model (WMM). This model and documentation is available at the following web site: http://www.rougeriver.com/proddata/wmm.html. ~~ DEP Agreement No. G0235, Attachment A, Page 5 of 8 WMM is a user friendly database model which simulates the generation and fate of pollutant loads from a number of sources. The model uses land use categories with associated event mean concentrations (EMC) to simulate annual pollutant loading. EMC values used in the model were based on various publications and studies throughout Florida. Additionally, the model is capable of simulating the reduction of pollutant load with the inclusion of best management practices (BMPs). BMPs are included as user defined removal efficiencies. The Collier Canal was represented as a wet detention BMP in the model. The BMP removal efficiencies were estimated at residence times of 5.2 days (existing) and 9.5 days (proposed) based on the "Evaluation of Alternative Stormwater Regulations for Southwest Florida Draft Final Report" (ERD, 2003). Following are the removal efficiencies used in the modeling: Existing: BOD removal - 40.5%, TSS removal - 66.0%, TP removal - 57.9%, and TN (as TKN and NOx) removal - 41.1%; Proposed: BOD removal - 61.4%, TSS removal - 72.0%, TP removal - 62.8%, and TN (as TKN and NOx) removal - 46.2%. PROJECT ABSTRACT: Based on the results of the WMM analysis, the Collier Canal Retrofit Project is estimated to provide load reductions of 18% for TSS or 3,617 kilograms per year (kg/yr), 12% for Total Phosphorus or 27 kg/yr, 9% for Total Nitrogen or 229 kg/yr, and 35% for BOD or 3,103 kg/yr. Monitoring will be performed to determine the BMP's treatment effectiveness. Based upon the requested grant total and the total estimated load reduction of all modeled pollutants the unit removal cost is $71.7/kg. TASKS/OUTPUTS/DELIVERABLE S: Task 1 -Construction plans and permitting. The City's engineering consultant will coordinate data collection with environmental, geotechnical and survey subconsultants. This data will be used in the design of the proposed cross section and the control structure. Construction plans will be developed and a SJRWMD permit and an Army Corp of Engineers (ACOE) permit will be obtained. Deliverables for this task include construction plans, an ACOE permit, and a water management district permit. This task is 90% complete. The construction drawings are at a 90% level and the project is scheduled for the SJRWMD February 13, 2007 Board Meeting. The ACOE has put the project out for public notice. Task 2 -Bidding -City personnel will prepare, advertise for, send, receive and evaluate bids for the construction of this wet detention pond. The successful construction firm will be awarded the contract and a notice to proceed will follow. The deliverable for this task will include a construction contract with a Notice to Proceed to the selected construction firm. Task 3 -Construction of Stormwater Improvements -The City's selected contractor will dredge The Collier Canal to a depth of 8.5 feet NGVD and stabilize the failing seawalls by installing rip-rap on the sides, at a 3:1 side slope, along the entire length of the canal. Task 4 -Post Grant Project Administration -After the grant has been awarded, City personnel shall provide ongoing monitoring of project schedules to ensure compliance with timelines outlined in the grant application Required grant quarterly reports to FDEP, construction contract coordination with FDEP, Quality Assurance Monitoring plans, stormwater monitoring plans, and preliminary and final project reports will be written by grant administrator. The deliverables for this task will include quarterly reports to FDEP, stormwater monitoring reports and preliminary and final project reports. Task 5 -Water Quality Monitoring Program -Subsequent to the dredging, seven (7) to ten (10) samples will be taken with autosamplers at the inflow and outflow of the canal. This monitoring plan will provide data to determine the effectiveness of the newly constructed facility. The deliverables for this task include bi-monthly stormwater reports and semi-annual stormwater analysis reports. Task 6 -Implementation of Educational Component -The public education component will include coverage of the project in the City of Sebastian's quarterly newsletter the "Pelican Brief', issued to residents. Appropriate news items will be included in the local daily newspaper. Additionally, the City's web page will be used as a forum to provide updates on project progress. Press releases will be distributed upon project completion and educational signage will be provided on site. DEP Agreement No. G0235, Attachment A, Page 6 of 8 35 PROJECT MILESTONES: Task Activi Start Com late 1 Construction Plans and Permittin * Month 1 Month 16 2 Biddin Month 17 Month 19 3 Construction of Stormwater Project Month 20 Month 44 4 Post Grant Administration Month 1 Month 69 5 Water Quali Monitorin Pro am Month 45 Month 69 6 I lamentation of Educational Co onent Month 1 Month 44 *The Project is currently in month 15. PROJECT BUDGET: Project Funding Activity 319 (h) Amount Matching. Contribution * Match Source Salaries $15,000.00 Sebastian Stormwater Utility SS Travel E ui ment Contractual Services $500,000 $4,367,000 SSU Monitorin $100,000 SSU Public Education $5,000 Su lies/Other Ex enses Total: $500,000 $4,487,000 Total Project Cost: $4,987,000 $4,987,000 Percentage Match: 90% *If a stormwater utility or other dedicated recurring fee is contributing, put that information in the following table. MATCH SOURCE INFORMATION: Match Source Name Descri tion ERU/Fee SSU Revenue Bonds SSU Fee to bond debt service $48/ ear/ERU BUDGET BY TASK: Project Funding Activity 319 (b) Amount Matching , Contribution Match Source Surve and Geotech Site $0 $70,000 SSU En ineerin Desi $0 $377,000 SSU Prepare, Send, Receive, Evaluate, and Award Contract $0 $20,000 SSU Construction of Facilities $500,000 $3,900,000 SSU Post Award Grant Admin $0 $15,000 SSU Water Quali Monitorin $0 $100,000 SSU Education Co onent $0 $5,000 SSU Total: $500,000 $4,487,000 Total Project Cost: $4,987,000 $4,987,000 Percentage Match: 90% `„ DEP Agreement No. G0235, Attachment A, Page 7 of 8 OTHER INFORMATION: If this is a multi-year project, have you requested sufficient funds to complete the project (assuming funds requested herein are provided)? (State yes or no, and, if no, provide an explanation): Yes: ® No: ^ The Lead Organization, as listed on the first page of this form, agrees to comply with all requirements specified in the guidance package and in the federal grant regulations. Checking "no" or "yes, except" will cause the project to have a lower ranking than similar projects by lead organizations that agree to the requirements: Yes: ® No: ^ Yes, except: ^ (Note: List exceptions below.) REMAINDER OF PAGE 1NTENTIONALY LEFT BLANK DEP Agreement No. G0235, Attachment A, Page 8 of 8 3~ OTHER FUNDING (Not Match -such as land acquisition or other federal grants): ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Grantee• Mailing Address• DEP Agreement No.: G0235 Date Of Request• Amount Requested:$. Grantee's Grant Manager: Payment Request No.: Performance Period: GRANT EXPENDITURES SUNIlVIARY SECTION (Effective Date of C'rrant through F.nd-nf-C'.rant Perinril CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $N/A $N/A $ $ Fringe Benefits $N/A $N/A $N/A $N/A Travel (if authorized) $N/A $N/A $N/A $N/A Subcontracting: Contractual Services $ $ $ $ Monitoring $N/A $N/A $ $ Public Education $N/A $N/A $ $ Equipment Purchases ~ $N/A $N/A $N/A $N/A Supplies/Other Ezpenses $N/A $N/A $N/A $N/A Land $N/A $N/A $N/A $N/A Indirect $N/A $N/A $N/A $N/A TOTAL AMOUNT $ $ $ $ AGREEMENT AMOUNT $ $ Less Total Cumulative Payments of: $ $ TOTAL REMAINING IN GRANT $ $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized Grantee's Grant Manager's Signature Print Name Telephone Number for the above cited ant activitiE Grantee's Fiscal Agent Print Name Telephone Number Percent Matching Required• 3$ DEP 55-223 (02/07) DEP Agreement No. G0235, Attachment B, Page 1 of 2 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period. PERCENT MATCHING REQUIRED: Enter your match requirement here. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out during the invoice period for which you are requesting reimbursement. This must agree with the budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the Agreement on the "AGREEMENT AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line. "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been claimed to date for reimbursement by budget category. The final report should show the total of all payments; first through the final payment (this amount cannot exceed the approved budget amount for that budget category). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. DEP 55-223 (02/07) DEP Agreement No. G0235, Attachment B, Page 2 of 2 ATTACI~IMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 200 Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that maybe in the form of FLAIR reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Induect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: http://www.fldfs.com/aadu/reference%SF ug ide/. ~~ Revised 7/2006 DEP Agreement No. G0235, Attachment C, Page 1 of 1 ATTACHMENT D PROGRESS REPORT FORM DEP A reement No.: G0235 Grantee Name: Grantee Address: Grantee's Grant Mana er: Tele hone No.: Quarterl Re ortin Period: Pro'ect Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. G0235, Attachment D, Page 1 of 2 ~i (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted 'for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Summarize and provide supporting documentation regarding your efforts in meeting the MBE/WBE requirements contained in paragraph S.B. of the Agreement. Provide a project budget update, comparing the projec Expenditures Prior to this Budget Total Project Reporting Cate o Bud et Period t budget to actual costs to date. Expenditures this Reporting Project Funding Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. G0235 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager ~~ DEP Agreement No. G0235, Attachment D, Page 2 of 2 Date ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'; "DEP'; "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Departnent of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regazding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal yeaz, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awazded through the Department of Environmental Protection by this Agreement. In determining the Federal awazds expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circulaz A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at httn://12.46.245.173/cfda/cfda.html. DEP 55-215 (02/07) DEP Agreement No. G0235, Attachment E, Page 1 of 5 ~3 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and 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 the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hops://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department. of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audeen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient du• ectly to each of the following: DEP 55-215 (02/07) DEP Agreement No. G0235, Attachment E, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 2. C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient dir• ectly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the'Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02/07) DEP Agreement No. G0235, Attachment E, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ~~% DEP 55-215 (02/07) DEP Agreement No. G0235, Attachment E, Page 4 of 5 I F W O .~ ~ ~ ~ ~ ~,~ ~ °o ~'» U ~ '" Q O Q O O b O O w b9 • ~ m O N A O ~ Q N ~ o w U °' a U ~ ~ ~ ~n o ~, a d y z Q A s`~. U z ~ a a a ~ ~~ U '~ api O S Q a ~ ~ d w a .~ w¢ O ~ a ~~~ ~ ~~ ~ ~~,~ ~~~ ~ waZ O w Q O .~. ~ •~ O a ~ o aU Q i~.i O Lr a ~ Qi b ~1 it w W a w a 0 a q v f.~ •~ H W A ~ ~. w U 0 y .~ 0 U ~. A eke U a a a '~ ~, d ~ ~ w V ~ ~~~ rz GJ "~~ y ~ ~ O waz O .~ ~ •~ O ~ a, ~ o aU Q -I r N q O d ~' w 0 v as ;a ~ v ~ ~. '~ .~ U m ~ ~i ~ N A ~ ~ O U O _ ~ C/1 U ° ~' ~ v ~ ~ '-' w 0 y w .y n r a 0 U ~ ~ a~ w ~° ~ ~. z w w ~ a °~ ~ ~ ~ ~ U y ~. w a a '~ U .C V] o ~ ~ b w d U ~, y Y ~ O ~ az b4 d F ¢°'~ Q ~ U U k a~ a ~ ~~ wo ~ o ~ 'y y U c~ .." .V..tl t~ '~ U ti y ~ ,Q. ~i" ~ U O ~ w Q ~ '~ ~ ~ w ~ 'd O ~ U w ~; ~ o ~ ~~ c a a.,~ U~ ~ ~ q~ .~ .~. V] O ~ v 'b U U y ~ ~ .~ y a~i ~ o a',~ o N U ~ C~ ,~ Cd ~w b a '' U ~w~ ~°a .~ ~ ~b ~'' U ..~ ~ .~ o ~ o ~ ~w ~ y~~ ~~~ .°' 0 0 ~ ~ N ~" O ~ ~ b ~ ~ U ,fa '~ ~ '~. ~~ 3 0 bow ~~ O N C ~ ~ ~ ~ ~. ~: „gN~Q"O ~ ` y U U w°O~"~.~ 0 V7 on a W a Q vi M N O C7 0 z a ~, O O y .--• ~. N v~ '^ a aA ~~ ATTACHMENT F Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ^ ~ a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name ^ Prime ^ Subawardee and Address of Prime: Tier , if known: Congressional District, if known: Congressional District, if known: 6. Federal DepartmenUAgency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. IOa) (last name, frst name, MI): attach Continuation Sheets SF-LLLA, i necessa Signature• 11. Information requested through this form is authorized by title 37 U.S.C. section 1352. This disclosure of lobbying activities is a material re resentation of fact u on which reliance was laced b the tier above print Name: p p p y when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title: semi-annually and will. be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil pena-ty of not Telephone No.' Date' less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form - LLL (Rev 7 - 97) Form DEP 55-221 (Ol/Ol) ~~ DEP Agreement No. G0235, Attachment F, Page 1 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example; Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Form DEP 55-221 (O1/O1) DEP Agreement No. G0235, Attachment F, Page 2 of 2 / ~. ATTACHMENT G Fame dypund ON8 NQ 70aaf10~ Apymalrxpi~ i?fj7A2 ~~'A LOBBYING AND LTTIGATIQN CERTIFICATE" I hereby certify that. none afthese fiords have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Assistance Agreement Number(s)** Chief Executive Officer Date *Complete this form pursuant Co-the 2041 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations-Acts, Public Law 106-277, Section 424 and .2404 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations Acts, Public Law 106-74, Section 4?~ and arty other subsequent Appropriation Act regttirennents. '" *If certifying for more than one grant number and more space is needed, please list additional numbers in the space provided below; Please mail this form to your Graztt Specialist DO NOT sand this information to the Office ofManagement &'Budget Burdea Statement -The annual public reporting. andrecord keeping burden far this collection of infoanatim is estimated to average: 5 minutes er respoadcrrt. Burdeu means the total tiaw, effort, or financial resources ex~enckd by arsons to ~cnetate, maiutaun,: retain, or disclose or pravide inforrnalion to or for s Foderat agency. Thris includes the nme nceckd to review uuttudions; devdoQ, acqure, instep, sad utilize.. tcchndogy and systems for the purposes of collecting, validating, and verifyiag information, processing audmaintainiog information, s~ disclosing and providing infoimation; adjust the existing ways to comQly with any gusty applicable instructions and requirements; trainpersomel to be tibia. to respond to a collection ofinformahon; search data sources; eomplste and review the caUedion of nfomaataon; and talnaerntor otherwise disclose the infom-ation. Anageuaymay moteonduct or sponsor, and aperson is aotrequired ro t'espond to,-a collection of information unless it displays s cumufly valid OMB control mrmber. The OMB control numbers for EPA's regulations are listod in 40 CFR Part 9 and q8 CFR Chapter 15. Send comments on the Agency's need for this ixtfotmatitm, the accuracy of the provided burden cstirmtes, and any suggested axthods forminimiang respoadent burden,. induding through thcuse of automated collection techniques to the Director, Regulatory Information Division, US. Emnromnental Protection Agency ("Li3'n, A01 M. St., S.W. Washington, D G. 20460; and to the Office ofInfommtion and Regulatory Affairs, Office of Management and Budget, 72517th Street, NW, Washington,DC 20103, Attedion: Desk O#&ca fox EPA. Iuahtde the EPA ICR mmaber and OMB control raunber ut any aarresponuddeerrrrae. 50 EPA Form 5700-33 (Rev. 2-02) DEP Agreement No. G0235, Attachment G, Page i of 1 ATTACHMENT H Quality Assurance Requirements For Federally Funded NPS BMP Monitoring Agreements 2. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002. LABORATORIES a. The CONTRACTOR shall ensure that all laboratory testing activities are performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP) for all applicable matrix/method/analyte combinations to be measured. b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for certification within one month of Contract execution between the laboratory and the CONTRACTOR. Within six months of this Contract execution, the laboratory shall be fully certified for all applicable matrix/method/analyte combinations to be performed. Regardless of when the laboratory receives certification, the laboratory must implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution. c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub- contracted to a laboratory with current DoH E~,CP certification in the appropriate matrix/method/analyte combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before any change to asub-contracted laboratory is made. d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub-contracted laboratory shall be provided to the DEP contract manager upon Contract execution or upon receiving DoH certification (see items 2.a and 2.b above). e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability (IDOC), as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data for this Contract. If requested by the Department, documentation that supports the IDOC shall be made available for review. f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter known collectively as quality control check (QCC) samples. (i) The laboratory shall ensure that the selected QCC samples(s) represent all matrix/method/analyte combinations that are not subject to certification requirements. (ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable range established by the QCC sample provider. g. Any non-standard laboratory procedures or methods that are proposed for use (i.e., those not approved by DEP for standard environmental analyses) shall be submitted for review and approval in accordance with DEP-QA-001/O1, "New and Alternative Analytical Laboratory Methods," February 1, 2004. These procedures or methods shall be approved by the DEP contract manager before use under this Contract and must be cited or described in the required planning document (see Section 6). h. The CONTRACTOR shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6). i. The CONTRACTOR shall ensure that the selected laboratory test methods listed in the planning document can provide results that meet the Contract data quality objectives. j. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6). k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards. 1. In addition, the CONTRACTOR shall ensure that the quality control requirements specified in the attached addenda are followed. m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document. Revised 1/4/06 DEP Agreement No. G0235, Attachment H, Page 1 of 8 5~ 5z 3. FIELD ACTIVITIES a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. b. The CONTRACTOR shall ensure that all sample collection and field testing activities are performed in accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/O1, February 1, 2004). The specific standard operating procedures (SOPS) to be used for this Contract shall be cited in the planning document (see Section 6). c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager in accordance with section FA 2000 of DEP-SOP-001/O1. All non-standard procedures and methods must be approved by the DEP contract manager before use under this Contract and must be cited or described in the planning document. d. Per the quality control measures outlined in the DEP SOPS (FQ 1000 and the calibration requirements of the FT-series for field testing), the CONTRACTOR shall ensure that the following field quality controls (and any additional quality control measures specified in the addenda) are. incorporated into the project design: (i) Matrix-Related Quality Controls -The CONTRACTOR shall ensure that the laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected; (2) The last time samples are collected for the sample collection matrix. (ii) Field-Generated Quality Control (QC) Blanks -Blanks associated with field activities as defined in FQ 1210 of the DEP SOPS shall be collected according to the requirements of FQ 1230. (1) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the CONTRACTOR shall investigate and attempt to detemune the cause of the QC blank contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to m;nim;tee future occurrences of QC blank contamination. (2) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the CONTRACTOR shall ensure that the analyte in the affected sample is reported as estimated ("J" with a narrative explanation) unless the analyte concentration in the affected sample is at least 10 times the reported QC blank value concentration. 4. REPORTING. DOCUMENTATION AND RECORDS RETENTION a. The CONTRACTOR shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and .340, F.A.C. are retained for a minimum of five years after the project completion. b. All field and laboratory records that are associated with work performed undei this Contract shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. c. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP contract manager as part of Quarterly Progress Reports and shall include the following information: - Laboratory sample identification (ID) and associated Field ID - A.nalyticaUtest method / Parameter/arialyte name - Analytical result (including dilution factor) - Result unit - Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C. - Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g., QC sample, calibration failure, etc.) or other problem related to the analysis of the samples - Date and time of sample preparation (if applicable) - Date and time of sample analysis - Results of laboratory verification of field preservation / Sample matrix - DoH ELCP certification number for each laboratory (must be associated with the test result(s) generated by the laboratory) - MDL - PQL - Sample type (such as blank type, duplicate type, etc.) Revised 1/4/06 DEP Agreement No. G0235, Attachment H, Page 2 of 8 - Field and laboratory QC blank results: • Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and the planning document (see Section 6 below); • Field quality control results including trip blanks, field blanks, equipment blanks, and field duplicates (or replicates) as specified in the planning document (see Section 6) / Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable - Results of surrogate spike analyses (if performed) / Results of laboratory control samples (LCS) / Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration failure, etc.) and the associated sample result(s) - Acceptance criteria used to evaluate each reported quality control measure d. The CONTRACTOR shall ensure that the following field-related information is reported to the DEP contract manager: / Site and/or stormwater BMP name / Field ID for each sample container and the associated analytes (test methods) for which the container was collected - Date and time of sample collection - Sample collection depth, if applicable / Sample collection method identified by the DEP SOP number, where applicable - If performed, indicate samples that were filtered - Field test measurement results, if applicable: • DEP SOP number (FT-series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifiers per Table 1 of Chapter 62-160, F.A.C. - Narrative comments discussing corrective/preventive actions taken for any failed QC measure (e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field measurement or other problems related to the sampling event. e. The CONTRACTOR shall submit the lab and field data above electronically in either Excel or Access format. AUDITS a. AUDITS BY THE DEPARTMENT -Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the CONTRACTOR, upon request by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a detemunation that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the Department, including those outlined in Section 8 below. b. PLANNING REVIEW AUDITS - (i) Initial: Within 15 days of completing the first sampling and analysis event, the CONTRACTOR and all associated subcontractors shall review the planning document (see Section 6 below) relative to the completed field and laboratory activities to determine if the data quality objectives are being met, identify any improvements to be made to the process, and refine the sampling and/or analytical design or schedule. Within one month of the review, a summary of the review, including any corrective action plans or amendments to the planning document, shall be sent to the DEP contract manager and a copy shall be maintained with the permanent project records. (ii) Ongoing: Planning reviews as described in item (i) above shall occur annually. c. QUALITY SYSTEMS AUDITS -The CONTRACTOR and all subcontractors shall ensure that any required laboratory and field quality system and management systems audits are performed according to the respective Quality Manuals for each contracted and sub-contracted entity. These audits shall be documented in the CONTRACTOR'S and subcontractors' records. d. STATEMENTS of I7SABILITY - As a part of the audit process and the final report, the CONTRACTOR shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda. Revised 1/4/06 DEP Agreement No. G0235, Attachment H, Page 3 of 8 (i) The CONTRACTOR shall ensure that all acceptance and usability criteria required by this Contract not specified above aze listed in the planning document. (ii) The CONTRACTOR shall ensure that the results of all quality control measures described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document. (iii) The CONTRACTOR shall ensure that all sample results aze evaluated according to the additional usability criteria specified in the planning document. 6. PLANNING DOCUMENT a. The CONTRACTOR shall submit the planning document identified below to the DEP contract manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning document in this required timeframe shall result in a delay of approval to begin work until the document has been submitted to the Department and approved by the DEP contract manager. The document shall be submitted as a Quality Assurance Project Plan (QAPP) that is prepared in accordance with "EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5", (EPA/240B-01/003 March 2001). b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning document after the third (final) submission to the Department, the DEP contract manager may suspend or terminate the Contract. c. The DEP Contract number shall appear on the title page of the submitted planning document. Within foriy- five (45) days of receipt of the properly identified planning document by the Department, the Department shall review and either approve the planning document or provide comments to the CONTRACTOR and affected subcontractors as to why the planning document is not approved. If further revisions aze needed, the CONTRACTOR shall then have fifteen (15) days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any revisions. d. If the review of the planning document by the Department is delayed, through no fault of the CONTRACTOR, beyond sixty (60) days after the planning document is received by the Department, the CONTRACTOR shall have the option, after the planning document is approved, of requesting and receiving an extension in the term of the Contract for a time period not to exceed the period of'delayed review and approval. This option must be exercised at least sixty (60) days prior to the current termination date of the Contract. e. Sampling and analysis for the Contract may not begin until the planning document has been approved. f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved planning document including, but not limited to: - Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; / Using only the protocols approved in the planning document; and - Using only the equipment approved in the planning document. g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the CONTRACTOR shall submit appropriate revisions of the planning document to the DEP contract manager for review. The proposed revisions may not be implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to submit the required revisions, the DEP contract manager may suspend or terminate the Contract. h. When the approved planning document requires modification, the amendments shall be (i) Provided in a new planning document, or (ii) Provided as amended sections of the current planning document, or (iii) Documented through written or electronic .correspondence with the DEP contract manager and incorporated into the approved planning document. 7. DELIVERABLES a. The following lists the expected schedule for the deliverables that aze associated with the Quality Assurance requirements of this Contract: (i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item 2.d above. Revised 1/4/06 DEP Agreement No. G0235, Attachment H, Page 4 of 8 (ii) Non-standard laboratory or field procedures -The CONTRACTOR shall submit to the DEP contract manager all required information necessary for review of non-standard procedures per items 2.h. and 3.b. above. (iii) Reports of planning review audits as specified in item S.b. above. (iv) Statements of Usability as specified in item S.d. above. (v) Planning document per Section 6, above. CONSEQUENCES a. Failure to comply with any requirement of this attachment may result in: (i) Immediate termination of the Contract. (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (v) A request to redo work affected by the non-compliant activity. (vi) Other remedies available to the Department. Revised 1/4/06 DEP Agreement No. G0235, Attachment H, Page 5 of 8 ~ ~j Addendum i Quality Control Requirements for Laboratories Performing Chemical Analysis In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. Matrix-Related Quality Control Samples -The CONTRACTOR shall ensure that samples associated with this Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The laboratory shall analyze these samples: a. The first time samples from a sample collection matrix (see Table FA 1000-1) are submitted to. the laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. b. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. c. Spike levels must be at the concentrations specified in item 3 below. d. If the selected sample concentration is expected to be below the Contract-specified practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used. 2. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less. a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified. 3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses: (i) Chlorophyll -the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ; (ii) Biochemical oxygen demand. (BOD) or carbonaceous BOD (CBOD) -the method-specified glucose/glutamic acid check solution shall be used; and, b. If the QCCS is unacceptable, the samples associated with the QCCS shall be reprocessed with a new QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch. 4. Spiking/Fortification Requirements -All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.). The final concentration of any spike fortification shall be at the applicable level identified below. a. If any of the samples in the preparation batch are non-detect (i.e., below the MDL specified in the planning document), the spiking level must not be greater than 2 times the Contract-specified PQL. b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch. 5. Evaluation of Matrix Spikes -The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a. If the failure is reported to be due to sample matrix interference, the laboratory shall document the process by which this conclusion is deternned. 6. Evaluation of Laboratory Duplicate/Replicate Samples -All replicate samples (sample duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 RPD. This criterion shall be listed in the planning document. a. In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. 7. Instrument Calibration - In addition to calibration procedures specified in the analytical methods listed in the planning document, the CONTRACTOR shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration verifications. b. Initial Calibration Requirements (i) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document. If the 5 ~ Revised 1/4/06 DEP Agreement No. G0235, Attachment H, Page 6 of 8 minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards. (ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses. (iii) If lineaz regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressions. (iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified using a second source. A second source may be a standard, a Standard Reference Material (SRM), or other sample type with a verified concentration such as a QC Check Sample. Standazds must have been prepazed from a different lot or vendor. (v) The acceptance criteria for second-source verifications shall be specified in the planning document. (vi) Sample analysis cannot proceed if an initial calibration is unacceptable. c. Continuing Calibration Requirements: (i) When an initial calibration is not performed on the day of analysis, a continuing calibration standazd shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples. (ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run. (iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning document. (iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration standard prepazed at the Contract-specified PQL. The analyzed value of this standard must be within 70% - 130% of the expected value. If this PQL check fails, the blank and associated sample results must be reported as "estimated" per Chapter 62-160, F.A.C. unless the affected results aze at least 10 times the absolute value of the observed bias of the PQL check. (v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable calibration verifications must be reanalyzed or appropriately qualified. d. Sample results below the Contract-specified PQL and above the highest calibration standard shall be appropriately qualified. 8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with the blank must be reported with the appropriate qualifier from Chapter 62-160, F.A.C., unless the affected sample concentrations aze at least 10 times higher than the calculated QC blank concentration. b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks. c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result must be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with the blank aze at least 10 times the calculated blank concentration. The laboratory must investigate the blank contamination to determine that positive blank results aze not due to a laboratory error and report the affected samples and field-generated blank results with appropriate qualifiers and/or comments. 9. If any quality control measure or calibration verification fails (including those specified above), samples that aze associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory comment must be attached to the final report for each result that has a qualifier code other than U, I, or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified and defined in the report. 10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes. Revised 1/4/06 DEP Agreement No. G0235, Attachment H, Page 7 of 8 Addendum 2 Quality Control Requirements for Laboratories Performing Microbiological Testing In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in AWWA Standard Methods 20`h edition, section 9020. 2. Quality Control Blanks a. If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and ending filtration blank. b. The results of any blank must be < 1 CFU/100 mL or the associated sample results must be reported with the appropriate qualifier from Chapter 62-160, F.A.C. 3. Laboratory Quality Control Duplicates a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precison criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field-generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. Thy laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field-generated replicate results. 4. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document. b. The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20 - 60 colonies per plate. Reported values from colony plate counts outside this range shall be qualified with a "B" (unless the reported value is from a 100 mL sample and the count is less than 20). c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be reported as "estimated". d. The laboratory shall follow the reporting requirements specified in the method for other results that are outside the ideal range (item S.b. above) e. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume with the data qualifier "Z". f. Colony counts from samples that have been verified shall be adjusted based on the verification results as specified in the analytical method approved for this Contract and listed in the planning document. ~~ Revised 1/4/06 DEP Agreement No. G0235, Attachment H, Page 8 of 8 ATTACHMENTI CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: G0235 The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within athree-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within athree-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of , 20 Authorized Signature/Contractor Typed Name/Title Contractor's Firm Name Street Address Building, Suite Number City/State/Zip Code Area Code/Telephone Number Form DEP 55-220 (Ol/Ol) DEP Agreement No. G0235 Attachment I, Page 1 of 2 5q INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Defmitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) SO1-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and infom~ation of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 55-220 (Ol/Ol) O DEP Agreement No. G0235 Attachment I, Page 2 of 2 ATTACHMENT J Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity -All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) -All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) -When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. EPA does not consider work performed under the 319 grants to fall under the definition of construction. Therefore, this provision does not apply to this specific Agreement. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) -Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 %2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement -Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, DEP Agreement No. G0235, Attachment J, Page 1 of 3 ~i Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Envirommental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination -These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes /~ "~ regardless of Federal participation in purchases. (1~ L, DEP Agreement No. G0235, Attachment J, Page 2 of 3 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324 - 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinlting Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). DEP Agreement No. G0235, Attachment J, Page 3 of 3 (~3 ATTACHMENT K REGULATIONS Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this A Bement. Subcha ter A -General 40 C.F.R. 4 Uniform relocation assistance and real property acquisition for federal and federally assisted ro ams 40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by EPA 40 C.F.R. 29 Inter overnmental review of EPA ro ams and activities 40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of hi her education, ho itals and other non rofit or anizations Subcha ter B -Grants and Other Federal Assistance 40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state and local overnmemts 40 C.F.R. 32 Governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free work place (grants); Clean Air Act and Clean Water Act ineligibility of facilities in performance of federal contracts, grants and loans 40 C.F.R. 34 New restrictions on lobb ' g 40 C.F.R. 35 State and local assistance Other Federal Re ulations 48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that com ly with cost rinciples acce table to the federal agenc __ Office of Mana ement and Bud et Circulars A-21 Cost Princi les for Educational Institutions A-87 Cost Princi les for State, Local, and Indian Tribal Governments A-122 Cost Princi les for Non-Frofit Or anizations A-133 Audit Requirements REMAIlVDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0235, Attachment K, Page 1 of 1 cmrot °,-... r~- .~ ~ ~ . _ _.. r r~~ o» YELIEAN rs>~D AGENDA TRANSMITTAL Subject: Agenda No. d ~, o ( g Department Ori •GMD INTERLOCAL AGREEMENT FOR SCHOOL City Attorney: CONCURRENCY City Clerk: ~_ Date Submitted: 5 B 08 Ap ve r ubmittal by: • (~--, I in r, i Mana er Exhibits: GMD Memo EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY On Thursday, January 31, 2008 a joint workshop was held between the elected bodies of Indian River County and the municipalities to discuss and review the Interlocal Agreement for School Concurrency (ILA). It will be required that the ILA be approved by the City of Sebastian. Attached hereto is a more detailed memo from Rebecca Grohall and the ILA. It was recommended at the joint workshop that all IRC governmental agencies adopt the agreement. RECOMMENDATION Staff recommends the Council approve and execute the agreement. (0 5 ~L City of Sebastian Growth Management Department 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM DATE: February 5, 2008 TO: Al Minner, City Manager FROM: Rebecca Grohall, Direc o `~ SUBJECT: Interlocal Agreement for School concurrency The Florida Legislature recently enacted legislation that defines and requires school concurrency standards for local governments when reviewing new residential development proposals. The first step for the City is' to execute the attached Interlocal Agreement (ILA). The ILA outlines the process by which new residential development ensures that school capacity is available and will continue to be available by the time housing is built and occupied. In addition to executing the ILA, the City will also need to amend its Comprehensive Plan School Facilities element. This update will occur as part of the Comprehensive Plan update already underway and should be completed within the next 90 days. Additionally, the City will need to update the Land Development Regulations (LDRs) to reflect the new requirements. The ILA does include a fail safe, if the City fails to update its LDRs by July 1St, 2008, the City can utilize the County's LDRs as they apply to school concurrency. Staff recommends execution of the attached document. In review: While Florida is often touted for its growth management requirements, there were not any standards established for school concurrency. concurrency is quite simply the concept that infrastructure (whether roads, schools, parks, etc) are available (and not over capacity) at the time new development is built and occupied. In this case, the City is agreeing that while evaluating new residential development applications and before approval, the School District provides verification that capacity (seats) within the appropriate school are available to serve that new development. City staff have been meeting with the County and the School Board c~~ Page 2 for almost two years in an effort to designate a process that meets the State requirements as well as the School Board's needs. Capacity is defined as 100% of the FISH (Florida Inventory of School Houses) which equates to the maximum number of students the school can have in attendance. For example, if the Sebastian Elementary School's maximum capacity is 500 students, that is 100% FISH. If the school enrollment is actually 450 students, they are currently at 90% FISH and have capacity available for up to 50 more students. Currently, all schools within the Sebastian area have capacity available EXCEPT the Treasure Coast Elementary School. FISH numbers are updated on an annual basis. When a new residential development applies for site plan approval, the applicant will have to secure a SCADL (School Capacity Availability Letter) from the School Board. This letter will demonstrate that there is existing capacity now or within the next three years to accommodate that new residential development. If there is not sufficient capacity available then the applicant and School Board must enter into an agreement to create the capacity. This ILA outlines the options available to them, including building new schools or paying a proportionate share amount towards expanding an existing school. There are several exemptions to the new regulations: • All single family lots of record at the time the School Concurrency implementing ordinance becomes effective. (This includes vacant lots in Sebastian Highlands, Ashbury, Sebastian River Landings I and II, and Sebastian Crossings). • Any Residential Development that received a site plan approval or its functional equivalent prior to July 1, 2008, where that approval has not expired and the approval remains valid. • Any amendment to any previously approved Proposed Residential Development which does not increase the number of dwelling units or change the type of dwelling units (single-family to multi-family, etc.). • Any Age restricted community with no permanent residents under the age of eighteen (18). Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. Four different committees were established in earlier agreements, the newest version of the ILA maintains these committees, their tasks and composition are outlined below: • The School Planning Technical Advisory Committee (SPTAC) shall, at a minimum, meet in accordance with Section 6 of this Agreement at the School Board Administration Building, unless re-located by agreement). The SPTAC shall review site selection proposals and site plans for new schools and major renovations. A School Planning Technical Advisory Committee (SPTAC), will consist of representatives from the following agencies: ~8 Page 3 (a) Planning Director from the Indian River County Planning Division and, if applicable, any affected Cities' City Planning or Community Development Director, City Manager or designated staff person; (b) County Engineer from the Indian River County Engineering Division and, if applicable, any affected Cities' City Engineer; (c) County Traffic Engineer from the Indian River County Traffic Engineering Division and, if applicable, any affected Cities' Traffic Engineer or Public Works director; (d) MPO Director from the Indian River County Metropolitan Planning Organization (MPO); (e) Assistant Superintendent for Planning and Operations from the Indian River County School District; (f) Director of Facilities Planning and Construction from the Indian River County School District; (g) Director from affected water and sewer utility providers; (h) Director of the Indian River County Parks and Recreation Department and, if applicable, any affected Cities' Park and Recreation Director; and (i) County Sheriff and, if applicable, any affected City's Police Chief. The Staff Working Group (SWG) shall, at a minimum, meet twice a year (1St week of February and 3~d week of March each year in accordance with the Timeline Schedule (Appendix A) at the County Administration Building, unless re-scheduled by agreement) to set direction, formulate recommendations, review population and student projections, and discuss issues regarding coordination of land use and school facility planning, including such issues as development trends, school needs, co- location and joint use opportunities, on-site or off-site infrastructure improvements (e.g. roads, sidewalks and bikeways) needed to support schools and ensure safe student access, and the school concurrency process, including such issues as School Capacity and Level of Service Standards, school service area boundaries, and student generation multipliers. For consistency, student generation multipliers shall not be updated yearly but shall be re-evaluated on a periodic basis and updated to reflect long term trends. The SWG will also be responsible for preparing an annual assessment report on the effectiveness of the school concurrency system by March 1St of each year. A Staff Working Group (SWG)1 will, consist of the Indian River County Community Development Director, the Indian River County Planning Director, the Planning or Community Development Director or City Manager of the Cities of Sebastian, Vero Beach, and Fellsmere, the Town of Indian River Shores, the Indian River County School District's Assistant Superintendent for Planning and Operations, ~q Page 4 and the Indian River County School District's Director of Facilities Planning and Construction. • The Elected Officials Oversight Committee (EOOC) shall, at a minimum, meet every year (2"d week of July each year in accordance with the Timeline Schedule (Appendix A) at the County Administration Building, unless re-scheduled by agreement). The meetings will be opportunities for representatives of the County Commission, the City Councils, and the School Board to set direction, discuss issues, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off-site improvements, and joint use opportunities. An Elected Officials Oversight Committee (EOOC), will consist of the County Commission Chairman, the Mayors of Vero Beach, Sebastian, Indian River Shores and Fellsmere, the Regional Planning Council Chairman, and the School Board Chairman. • The Citizens Oversight Committee (COC) shall, at a minimum, meet annually (1st week of April) in accordance with the Timeline Schedule (Appendix A) to evaluate and provide input on public school planning and other school concurrency issues and activities. A citizen oversight committee consisting of six (6) citizens appointed by the School Board, the County, the Town of Indian River Shores, and Cities of Fellsmere, Sebastian and Vero Beach. Each jurisdiction or entity shall appoint one member. The ILA as the first step in process that benefits the community by more closely coordinating residential land use and school facilities planning programs. These benefits include: (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the School Board, Cities and County through the reduction of student travel times and the placement of schools to take advantage of existing and planned roads, water lines, sewer lines and parks, (3) improved student access and safety through coordination of school construction with .local government road and sidewalk construction, (4) better location and design of schools so that they serve as community focal points, (5) improved location and design of schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, and (6) better location of new schools and expansion and rehabilitation of existing schools in order to reduce pressures contributing to urban sprawl. 7U fr1Y pF ~: ~ 'N ~o~ a~ p~racax rsr~+rn AGENDA TRANSMITTAL l7 ~• ~ ~ 'Q Agenda No Subject: EHENSIVE PLAN UPDATE . Department Or' in: GM COMPR ROF SIONAL SERVICES AGREEMENT Finance: City Attorney: ~ _ A ro or Submittal by: City Clerk: Date Submitted: 5 FEB 08 ' n r, Ci Mana er Exhibits: Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $55,000 $50,000 REQUIRED: $5,000 SUMMARY Attached is the contract with Land Design Innovations, Inc. for the update of the Comprehensive Plan. Staff selected this firm from a field of twelve applicants and has negotiated the overall price reduction from $63,000 to not to exceed $55,000. The bid process requested proposals from quailified professional firms and based selection on experience, cost and other factors. Firms submitting RFPs were: Name Price Scor Rankin Land Desi n Innovations Inc. 63 272 90 1 Calvin Giordano 69 180 85 2 Melt ren tannin rou 75187 70 3 Land Plannin S stems Inc 49 050 65 4 Kni ht McGuire & Assoc. 49 924 65 5 Iler Plannin Grou 76 259 65 6 Ive Plannin Grou 101489 65 7 Plannin Communities Inc. 59 556 60 8 Bell David Plannin Grou 70 000 60 9 Solin & Assoc. 129 510 60 10 LaRue Plannin & M mt. Services 50 550 55 11 Keifer Plannin & En 99 267 55 12 Note, the budget amount for this project is $50,000. Overage, if needed will be allocated from contingency. RECOMMENDATION Staff recommends the Council approve Land Design Innovations, Inc. Comprehensive Plan Update Agreement and use of contingency in the amount of $5,000 if required. ~~ 7Z Minutes of the Review Committee for the Comprehensive Plan Update RFP December 14, 2007 2:00 PM Present: AI Minner, City Manager Rich Stringer, City Attorney Rebecca Grohall, Growth Management Director Jan King, Planning Manager Rebecca opened the meeting by noting that 12 proposals had been received, she reviewed the RFP and proposal criteria. Rich, the City Attorney, addressed the requirements for the review and ranking of the proposal. Discussion followed on each proposal. It was agreed that Rebecca would present the aggregated scores of each proposal. If there was tie in scoring, price would be used to rank similarly scored proposals. It was agreed that the top two firms would be invited for interviews. Based upon the score and rank of the proposals: Land Design Innovations and Calvin Giordano were the top two firms. Meeting adjourned. me `P 'ce:`' `S n iti Land Desi n Innovations Inc. 63 272 90 1 Calvin Giordano 69 180 85 2 Melt ren tannin rou 75 187 70 3 Land Plannin S stems Inc 49 050 65 4 Kni ht McGuire & Assoc. 49 924 65 5 Iler Plannin Grou 76 259 65 6 Ive Plannin Grou 101489 65 7 Plannin Communities Inc. 59 556 60 8 Bell David Plannin Grou 70 000 60 9 Solin & Assoc. 129 510 60 10 LaRue Plannin & M mt. Services 50 550 55 11 Keifer Plannin & En 99 267 55 12 73 Z`~J LAND DESIGN INNOVATIONS Incorporated CONSULTING SERVICES AGREEMENT This AGREEMENT made this day of 2008, by and between the City of Sebastian, Florida (City), a Florida municipal corporation, 1225 Main Street, Sebastian, Florida 32958 and Land Design Innovation, Inc. (Consultant), a Florida corporation, 140 North Orlando Avenue, Suite 295, Winter Park Florida, 32789. WHEREAS, City desires to have Consultant provide consulting services for preparation of the Comprehensive Plan .update (the Project) described in Exhibit "A"; and WHEREAS, Consultant agrees to provide the consulting services described in Exhibit "A", under the terms and conditions of this Agreement; NOW THEREFORE, the City and Consultant do hereby incorporate all terms and conditions in Exhibit "A" and mutually agree as follows: 1. SCOPE OF PROJECT. Consultant agrees to provide planning services under the terms and conditions described in Exhibit "A". 2. TIME OF PERFORMANCE. The work product described in Exhibit "A" shall be completed within three (3) months of receipt of Notice to Proceed. 3. REPORTS. Consultant agrees to provide to City progress reports on the Project upon request by the City. 4. COMPENSATION. The City will pay Consultant a lump sum fee not to exceed $53,065.00, plus all reasonable and necessary direct expenses (which are not anticipated to exceed $2,000). The City may, from time to time, require changes in the scope of the project of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and C:\Documents and Settings\rgrohall\Local Settings\Temporary Internet Files\OLK16A\02027 03A_Contract_ Draft_v2.doc Page 1 of 4 ~75~ changes in the terms of this Agreement which are mutually agreed upon by and between City and Consultant shall be effective when incorporated in written amendment to this Agreement. 5. METHOD OF PAYMENT. Consultant shall invoice City per scope of work, attached as Exhibit "A", and City agrees to pay after approval of the City Project Manager under the terms of the Florida Prompt Payment Act F.S. 218.70. 6. CONTACTS FOR RESPONSIBILITY. Pat Tyjeski, AICP, Senior Planner, will be designated as Project Director for this project by Consultant to manage and supervise the performance of this Agreement on behalf of Consultant. Associated with the Project Director will be staff members whose experience and qualifications are appropriate for this Project. The City will be represented by Rebecca Grohall, Growth Management Director, or her designee for all matters relating to this Agreement. 7. TERMINATION OF AGREEMENT. The City at its sole discretion may terminate this Agreement by giving Consultant ten (10) days' written notice of its election to do so and by specifying the effective date of such termination. The Consultant shall be paid for its services through the effective date of such termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder, this Agreement shall be in default, the City may terminate the Agreement, and Consultant shall be paid only for work completed. Consultant may terminate the Agreement in the event that circumstances beyond the control of Consultant result in impossibility of performance of the Agreement, including, but not limited to, dissolution of corporate existence of Consultant. 8. NON-DISCRIMINATION. Consultant shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which Consultant has agreed to undertake by and through the covenants and provisions set forth in this Agreement. There shall be no discrimination against any employee who is employed in the work covered by the Agreement, or against applicants for such employment, on said grounds. This provision shall include, but not C:\Documents and Settings\rgrohall\Local Settings\Temporary Internet Files\OLK16A\02027 03A Contras Draft_v2.doc Page 2 of 4 be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. 9. INTERESTS OF PARTIES. Consultant covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with, the performance of services required to be performed under this Agreement. 10. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Consultant or its employees in connection with or arising directly or indirectly out of.this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Consultant shall procure and maintain during the life ,of this Agreement professional liability insurance. This provision shall survive the termination of this Agreement. 11. PROPRIETARY MATERIALS; ACCESS TO RECORDS; RIGHTS TO DATA AND COPYRIGHT. Upon termination of this Agreement, Consultant shall transfer, assign and make available to City or its representatives all property and materials in Consultant's possession belonging to and paid for by the City. 12. REMEDIES, OTHER THAN TERMINATION OF AGREEMENT, FQR BREACH; ATTORNEYS' FEES AND JURISDICTION. In the event of breach of this Agreement by either party, the other party shall have such administrative, contractual, or legal remedies as provided by this Agreement, the Code of Ordinances of the City of Sebastian, and the laws of the State of Florida. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorneys' fees and costs, and that jurisdiction for any court action filed regarding this Agreement shall be in a court of competent jurisdiction in Indian River County, Florida. The parties agree to waive all rights to trial C:\Documents and Settings\rgrohall\Local Settings\Temporary Internet Files\OLKI6A\02027 03A Contract Draft_v2.doc Page 3 of 4 ~ -7 by jury in any and all legal actions concerning this agreement, including but not limited to the enforcement or interpretation of the rights and obligations hereunder. 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, City and Consultant have executed this Agreement on the Gate first above. written. (Corporate Seal) CITY OF SEBASTIAN, FLORIDA By: Al Minner, City Manager Attest for City: City Clerk LAND DESIGN INNOVATIONS, INC. By: Tracy L. Crowe, President Attest for LDI: Witness C:\Documents and Settings\rgrohall\Local Settings\Temporary Internet Files\OL.K16A\02027 03A Contract Draft_v2.doc Page 4 of 4 ~~ EXHIBIT "A" SCOPE OF SERVICES FOR THE CITY OF SEBASTIAN Comprehensive Planning Services January 18, 2008 A. Approach to Assigned Work Order The following sections identify LDI's understanding of the scope of work and methodology for Sebastian's Element updates, including the new School Element. The proposed fee schedule for the re-write of the Elements is contained in a separate section. 1. Comprehensive Plan Element Updates The following scope of services will be undertaken by Land Design Innovations, Inc. to prepare the City's Comprehensive Plan update. Task 1-Data and Analysis The necessary steps that must be completed to update the data and analysis of the Elements are as follows: Update population growth projections through 2025 to be used for the analysis. Transportation Ana~ys7s: The analysis of the transportation system must encompass all motorized and non-motorized types of transport to be complete, including the City's municipal airport and seaport. ^ We will utilize the latest MPO calibratedlvalidated model to prepare the three primary tables 1. Existing Conditions and LOS, 2. Short Term Analysis (2013) showing the needed geometry to meet the adopted LOS, and 3. Long Term Analysis (2025). ^ Transit data will be gathered and mapped from the Indian River Transit and the Indian River Council on Aging including their projections for future ridership. It is assumed transit models will not need to be optimized for Indian River Transit. ^ A map will be included that identifies the City evacuation routes. ^ The most recent socio-economic data will be gathered for the projections. ^ We will incorporate the City's traffic analysis zones with updated data in the Indian River FSUTMS 2030 model. ^ LDI will interpolate the 2030 model run for the years 2015 and 2025. ^ We will update the roadway segment analysis tables for 2015 and 2025. ~q Housing Analysis: ^ The latest US Census information will be gathered and supplemented with the Shimberg Center for Affordable Housing data and the Bureau of Business and Economic Research (BEBR) data. ^ Data regarding any licensed mobiles homes or parks will be gathered. ^ We will contact the State Bureau of Historic Preservation for a list of any registered homes. ^ Group homes capacity data will be collected and updated, if any located in the City (there were none in the adopted Plan). ^ Building permit data by type for residential units will be required from City of Sebastian staff for 2000-2008. Capital Imprnzprra~rts Analysis• Based upon new legislation, it is critical for capital improvements schedules to identify the specific funding sources and ensure the schedule is financially feasible to maintain the adopted level of service changes. ^ LDI will need to gather from City Public Works staff all projected plans for capital improvements and the budget broken down by year for each. ^ LDI will gather from Parks and Recreation staff all projected plans for capital improvements and the budget broken down by year for each. ^ Arry public redevelopment projects will need to be identified and the funding source included in the revised data. ^ A policy will be written to adopt the School Board's budget annually, consistent with new State requirements. The final product will be a completely new set of maps in GIS and all new data and tables for each of the three elements in Microsoft Word The formatting, maps and table layouts will be consistent throughout the elements. Task 2 -Goals, Objectives and Policies Prepare revised text in strike through and underline format that addresses the following for goals, objectives and policies (GOP's) for the planning horizon. ^ Reorganize policies with the most appropriate objective. ^ Incorporate new GOP's that implement the City vision for the specified elements. ^ Revisions based upon the vision developed for future growth management in the City including, at a m;n;mum, affordable housing, transportation, and land use map amendments. ^ Revisions to meet the requirements of the State's Growth Management law, Chapter 163 Florida Statutes, as amended in Senate Bill 360. ^ Revisions related to SB 360 regarding schools, transportation, and capital improvements. 2. Public School Facilities Element SD C-ur approach to preparing Elements of Comprehensive Plans ensures the gualit~of the product, timeliness and consistencX throughout the project. The purpose of the Public Schools Facility Element (PSFE) is to address the impacts of growth and development on the quality of education in Indian River County and establish parameters for coordination of school concurrency efforts with the School Board and the respective jurisdictions. PSFE's used to be optional elements of Comprehensive Plans and recently became required elements with Senate Bill 360. DCA provides very specific instructions regarding the preparation of a Comprehensive Plan Element. LDI shall provide Sebastian with a new Public School Facilities Element (PSFE) that is substantially consistent with the Indian River County PSFE for inclusion in the City's Comprehensive Plan per the requirements of Section 163.3180, Florida Statutes, as amended. The scope of services will include: ^ Review of the School Board facility plan; ^ Inventory of existing facilities and current service capacity; ^ Map the locations of the schools within the City and, if available from the school board, include the general service areas; ^ Analyze and project future capacity and facilities needed to accommodate growth; ^ Draft policies necessary to execute identified goals and objectives; ^ Attend up to two (2) on-site meetings with the School Board staff to gather information. ^ Attendance at up to one (1) on-site meeting with City Staff to discuss policies. ^ Staff review will be requested as one overall package. 3. Graphics and Illustrations a. Maps for Element Updates Maps will be prepared for the Element Updates as follows: (1) Housing Element • Mobile home park locations • Group Home locations (2) Public School Facilities Element • Elementary School locations • Middle School Locations • High School Locations • Concurrency Service Areas for Public Schools ~a l~ (3) Transportation Element The MPO data will be the base used for the map updates for the Transportation Element. • Existing Conditions of Road Network (lanes, LOS, classification) • Short Term Road Network Conditions • Long Term Road Network Conditions • Transit/Bike (4) Capital Improvements Element No maps are anticipated to be needed for this element. b. Future Land Use Map LDI will utilize ArcView GIS to prepare a new Future Land Use Map (PLUM) and provide the City with shape files. LDI will utilize the City's zoning map and parcel data as the base to prepare the PLUM. There are no more than three (3) parcels that are anticipated to be added due to annexations and assigned a future land use designation. c. Fee Schedule (1) February 13 -- Signed Contract Received from City (2) Around March 15 -Invoice #1 -- not to exceed $18,000 w/reims (products that will have been submitted by this date include revised Future Land Use Map, D&A and Maps, for Schools and Housing Elements) (3) Around Apri115 -Invoice #2 -- not to exceed $18,000 w/reims (products that will have been submitted by this date include Schools and Housing GOPs, Transportation D&A and Maps) (4) Around May 15 -Invoice #3 -- not to exceed $17,185 w/reims (products that will have been submitted by this date include CIE D&A and GOPs, Transportation GOPs) (5) Around June 15 -Invoice #4 -- not to exceed $1,880 for two public hearings. • The above four invoices would total $55.065, which includes a maximum of $2,000 for reimbursable expenses. • To maintain the above schedule, we will need to receive written comments back from staff within one week of each product submittal. ~z rnr aF ~ w_ ..~- HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Travel Authorization for Council Agenda No: d ~ ~ ~~© Member Simchick to Travel to Tallahassee for Legislative Meeting - Department Origin: erk's Office Date to Be Determined City Attorney: Date Submitted: 2/6/08 Ap ov for Submittal by: For Agenda of: 2/13/08 Exhi its: None Amount Budgeted: Appropriation Required: Expenditure Required: Travel: Travel: $18,185.93 available N/A SUMMARY STATEMENT In accordance with the "Council and Charter Officer Travel Policy and Procedures" pre-authorization for travel funding is requested by Council Member Simchick to travel to Tallahassee for a Legislative meeting to lobby for the City's submitted Community Budget Issue Requests. The date of travel is to yet to be determined. RECOMMENDED ACTION At Council's discretion, move to authorize travel for Council Member Simchick to travel to Tallahassee as requested. ' irV ~ 83 ~~ ~~ w ~ ~.. HOME of PELICAN. I5LAN>y CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. 0 $. 0 ~, ~ App owed Submittal by: City Manager Department Origin: ofice Dept. • Finance Directo ~_ City Attorney. City Clerk• A Minner Date Submitted: 02/05/08 For Agenda of: 02/13/08 Ezhibits: Radio Quote from Communication International EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $22,877.55 $24,000. REQUIRED: None SUMMARY The police department is requesting to purchase 9 portable radios, 18 batteries, 9 chargers and 9 wireless microphones that were approved during the budgeting process. This purchase will ensure each officer is equipped with a reliable portable radio for his/her safety. Nine officers are still utilizing radios that are over 15 years old. Several of our radios will be upgraded in the forth coming re-banding process and improve our inventory however the process has been delayed so many times that we find it necessary to make this purchase now. In October 2001, the State of Florida entered into a twenty (ZO) year contract (State Contract No. 725-001-01-1 administered by the State Technology Office) with M/A COM Wireless Systems, Inc. ___ ~~deyelop_and~mplementa_Statewid~ 800MHz_La~Enforcement_Radio_System.~he-contract - allows all local governments to purchase at the contract prices, product lines and accessories that will operate in the statewide system. M/A COM Wireless Systems, Inc. dictates that orders to acquire their products have to be made through Communications International, Inc. of Vero Beach, their local manufacturing representative. RECOMMENDED ACTION Move to waive the bidding process and approve the expenditure of $22,877.55 for the purchase of 9 Jaguar portable radios, i8 batteries, 9 chargers and 9 microphones in the amount of $22,877.55 from Communications International Inc. g5 ~~ C OMMUNICATIONS INTERNATIONAL, INC. 4450 US Hwy 1 Vero Beach, FL 32962 Voice: 772.978.4117 Fax: 772.567.2292 gstevens@ask4ci i. com QUOTATION Page Dats 1 /2 11/13!2007 quote Number QTE7001701 ell! To City of Sebastian Sia Sebastian, City of -Police Department 1225 Main Street 1225 Main Street Sebastian, FL, 32958 Sebastian, FL, 32958 772-589-5233 USA corrtaa Voice: Fax: Site Number Description Salesperson Reference SEB100PD 700P Scan Portable Radios Michelle Moms Description Oty List Price Disc % Disc Amt Sale Price Total Billin Refurbished Jaguar700p 7 1,024.00 0.00 % 0.00 1,024.00 7,168.00 HABDSX - Portable,Provoice Jag 700P,600 MHz 2 2,590.00 0.00 % 0.00 2,590.00 5,180.00 Scan,128 Sys/Grp HTED - EDACS Feature for P7100 Radio 7 821.25 0.00 % 0.00 821.25 5,748.75 EXC806MD -Antenna 806-869MHz for Portables 9 15.00 0.00 °k 0.00 15.00 135.00 CIIJAGXHC -Jaguar Extra High Cap. Battery 18 75.00 0.00 °~ 0.00 75.00 1,350.00 HTHC7P -Belt CIip,Metal 9 12.00 0.00 % 0.00 12.00 108.00 HTCH9E - Charger,Desk,Rapid,120/230VAC 9 90.00 0.00 % 0.00 90.00 810.00 FMC200 - FreeMic 200 for P7100 9 199.00 20.00 °h 39.80 159.20 1,432.80 FA02 -Adapter for M/A Com Radios 9 100.00 20.00 °k 20.00 80.00 720.00 Program, Portable Scan 9 25.00 0.00 % 0.00 25.00 225.00 ~~ l,i OMMUNICATIONS INTERNATIONAL, INC. 4450 US Hwy 1 Vero Beach, FL 32962 Voice: 772.978.4117 Fax: 772.567.2292 gstevens@ask4ci i. com QUOTATION Pafp Dats 2/2 11/13/2007 Quote Number QTE7001701 I Des~'ption I Qty I List Price I o I I I I Disc /o Disc Amt Sale Price Total Prices quoted are valid for (30) Days from Document Date. Orders may be subject to shipping 8c handling chazges. All warranties are manufacture's warranties. Subtotal: I 22,877.55 Plus Tax 0.00 Total Due (USD) 22,877.55 Please complete the details below and fax or email them to us. ^ Purchase Order Number Please place my order now ^ Credit Card ^ Vsa ^ Mastercard ^ B k d Name an car Card No. Fem. Date Signature Cardholdefs Name ^ Cheque 4450 US Highway 1 Vero Beach, FL, 32987, USA ey signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to be bound by ommunications Int'I. Ines Terms and Conditions of Sale Service and Technical Support. pF ~'~~w,- ~' Hi~?1~ {~F P~I.CCAN i~t.A,l~ Citv of Sebastian, Florida Subject: Resolution No. R-08-03 Adopting an Amended Fiscal Year 2007-08 Budget. Approved for Submittal by: City Manager Al Minner, City Manager Agenda No. ~~~~/ Department Origin: Fi ce~ ~''~^~~ ~~- City Attorney: City Clerk: Date Submitted: February 6, 2008 For Agenda of: February 13, 2008 Exhibits: • Resolution No. R-08-03 • 1st Quarter Budget Review Memorandum • Capital Project Status Reports as of December 31, 2007 • Schedule of Investments as of December 31, 2007 • 15` Quarter Accomplishments and Operating Statement Fiscal Year 2008 N~ENDITURE REQUIRED: I AMOUNT BUDGETED: I N AROPRIATION REQUIRED: SUMMARY Pursuant to the City's adopted financial policies, budget reviews and adjustments are presented to the City Council quarterly. Capital project status reports and investment reports are also included for your review. Following the adoption of the City of Sebastian's Fiscal Year 2007-2008 annual budget on September 19, 2007., there were several changes that occurred over the three months ended December 3l, 2007 that require an amendment to the budgets of the City's various funds: As such we are recommending a net increase of $103,538 to the General Fund. This recommended increase represents the following: • An increase of $25,004 as a result of receiving the COPS in Schools Grant approved by the City Council on October 24, 2007. • An increase of $12,000 as a xesult of lease revenue to be received from IRCC for the old school house 2nd floor classrooms. • An increase of $4,089 resulting from an insurance reimbursement for a vehicle damaged in an accident. • An increase of $62,445 resulting from encumbrances carried forward from the prior fiscal year. In addition to the net increase from the above adjustments, there are line item transfers which do not change the total budget that are included in this amendment package. These transfers include: • A transfer of $5,000 from contingency to the M.I.S. Department to fund a server replacement. • A transfer of $2,500 from contingency to cover the added cost of consolidating two part-time Clerical positions into one full-time "General Services Support Technician". In addition, there are changes recommended in the Discretionary Sales Tax Fund to add hurricane shutters to the 2nd floor windows of the Historic School and the Building Department to re-roof some of the hurricane damaged buildings in the City. Explanations are provided in the Budget Review Memorandum. The main propose of the line item adjustment is to be in compliance with Florida Statute 166.241(2), which states that it is unlawful for any municipal government to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations. We are recommending the changes identified in Resolution No. 08-03, Exhibit "A", which are further explained in the enclosed memorandum for the 1st Quarter Budget review. Move to approve R-08-03. RECOMMENDED ACTION 89 n RESOLUTION NO. R-08-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 19, 2007, the City of Sebastian adopted Resolution No. R-07-38 providing for the adoption of the City's 2007-08 budget; and WHEREAS, an analysis of the revenues and expenditures for the three (3) months ended December 31, 2007 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, 2007 and ending September 30, 2008 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 Resolution shall become effective on December 31, 2007. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: Mayor Andrea B. Coy Vice-Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff and, upon The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of February 2008. QI CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea B. Coy ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney 9~ FUND TITLE GENERAL Revenues Expenditures LOCAL OPTION GAS TAX Revenues Expenditures DISCRETIONARY SALES TAX Revenues Expenditures RECREATION IlVIPACT FEE Revenues Expenditures STORMWATER UTILITY FEE Revenues Expenditures LAW ENFORCEMENT FORFEITURE Revenues Expenditures G.R.E.A.T. PROGRAM Revenues Expenditures DST DEBT SERVICE FUND Revenues Expenditures STORMWATER DEBT SERVICE FUND Revenues Expenditures CAPITAL PROJECTS FUND Revenues Expenditures GOLF COURSE Revenues Expenses AD2PORT Revenues Expenses BUILDING Revenues Expenses TOTAL BUDGET EXHIBIT "A" BUDGET BEFORE ADJUSTMENTS $ 11,980,334 $ 11,980,334 $ 762,559 $ 753,559 $ 3,195,183 $ 3,195,183 $ 510,000 $ 510,000 $ 940,373 $ 940,373 $ 11,500 $ 11,500 $ - $ - $ 1,035,594 $ 1,035,594 $ 437,748 $ 437,748 $ - $ - $ 1,746,677 $ 1,746,677 $ 542,865 $ 542,865 $ 580,923 $ 580,923 FY 2008 1ST QUARTER ADJUSTMENTS $ 103,538 $ 103,538 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 700 $ 700 $ - $ - $ - $ - AMENDED BUDGET AFTER ADJUSTMENTS $ 12,083,872 $ 12,083,872 $ 762,559 $ 753,559 $ 3,195,183 $ 3,195,183 $ 510.,000 $ 510,000 $ 940,373 $ 940,373 $ 11,500 $ 11,500 $ - $ - $ 1,035,594 $ 1,035,594 $ 437,748 $ 437,748 $ - $ - $ 1,747,377 $ 1,747,377 $ 542,865 $ 542,865 $ 580,923 $ 580,923 $ 21,739,256 $ 104,238 $ 21,843,494 43 9~ t'!1Y t7f ~9 ~y~e ~~yy /~~~~~4 ..y{~. TO: MAYOR AND CITY COUNCIL THROUGH: AL MINNER, CITY MANAGER FROM: KENNETH KILLGORE, FINANCE DIRECTOR DATE: FEBRUARY 6, 2008 SUBJECT: 1ST QUARTER BUDGET REVIEW -FISCAL YEAR 2008 As of December 31,.2007, the status of budgets for the major operating funds were as follows: OF BUDGET REVISED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $ 12,083,872 $ 4,855,206 $ 7,228,666 40.20% Expenditures $ 12,083,872 $ 2,964,465 $ 8,524,811 24.53% GOLF COURSE Revenues $ 1,747,377 $ 388,657 $1,358,720 22.20% Expenses $ 1,747,377 $ 307,350 $1,440,027 18.26% AIl2PORT Revenues $ 542,865 $ 46,491 $ 496,374 8.60% Expenses $ 542,865 $ 114,259 $ 425,230 21.70% BUII~DING Revenues $ 580,923 $ 123,469 $ 457,453 21.30% Expenses $ 580,923 $ 147,758 $ 433,165 25.40% Highlights of the first quarter status analysis include: ' 1. General Fund Overall revenues supporting the General Fund are being received as planned. During the first three months ended December 31, 2007, 40.20% of the budgeted revenues were received. The first quarter budget review includes recommendations to increase the total amended budget for the General Fund by $103,538. This recommendation includes the following: • An increase of $25,004 as a result of receiving the COPS in Schools Grant approved by the City Council on October 24, 2007. 95 An increase of $12,000 as a result of lease revenue to be received from IRCC for the old school house 2na floor classrooms. An increase of $4,089 resulting from an insurance reimbursement for P/~V 08 that was damaged due to an accident. • An increase of $62,445 resulting from encumbrances carried forward from the prior fiscal year. In addition to the net increase from the above adjustments, there are line item transfers which do not change the total budget that are included in this amendment package. These transfers include: • A transfer of $5,000 from contingency to the M.I.S. Department to fund a server replacement. This is the City's primary domain controller and it's replacement was essential. • A transfer of $2,500 from contingency to-~ the City Manager Budget to cover the added cost of consolidating two part-time Clerical positions into one full-time "General Services Support Technician". This position will fulfill the duties previously handled by the part-time City Hall receptionist and the duties of the part-time Clerical Assistant of the Code Enforcement Division. 2. Special Revenue Funds All Special Revenue Funds are receiving revenue as planned and recording expenditures'as programmed. There are no recommended budget adjustments for this quarter. There is the following line item budget adjustment: • A transfer of $3,700 from the Community Center Renovations project to the Renovation of the Historic School. This covers additional funds needed to purchase accordion type shutters for hurricane protection of the 2na floor windows of the building, increasing efficiency and alleviating the rush after a hurricane threat to quickly remove the old style shutters so that classes can resume. 3. Capital Projects Funds Enclosed with this budget review is a status report of all the capital projects. Staff is currently reviewing this information and will be submitting any budget adjustments that could be necessary with the next quarterly budget review. 4. Golf Course Fund For the first three months of operations, 22.20% of the projected revenues have been collected, while 18.26% of the appropriations have been expended. Staff will continue to monitor revenues stream. There are no recommended adjustments for the first quarter. 5. Airport Fund For the first three months of operations, 8.60% of the projected revenues have been collected, while 21.70% of the appropriations have been expended. The revenue shortfall is due to accounting entries that were overlooked regarding the Gold Course lease payment. This has been corrected. There are no recommended budget adjustments for this quarter. 6. Building Department For the first three months of operations, 21.30% of the projected revenues have been collected, while 25.40% of the appropriations have been expended. This low percentage of revenue collection is due to the continued slow down being experienced with building activities. There is the following recommended budget adjustment: An appropriation from unrestricted prior year fund balance of $14,622 to cover the cost of re-roofing some of the hurricane damaged buildings in the City. This covers three of the buildings. Rc 2 ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $4,855,206 or 40.20% of the $12,083,872 budget was received during the first three months of the year. This percentage is high due to most of the property tax revenue being received during the first quarter of the year. TAXES: Real and Personal Property Tax Collections were 77.21 % of the budget amount. The Franchise Fees and Utility Service Taxes collections were below the 25% collection estimate for the first three months of the year due to timing differences in recording the revenue and actually receiving the payment. LICENSES AND PERMITS: Occupational revenues were 77.68% of the budgeted amount, which is about the same as this time in prior years. Other permit fees include driveway permits, zoning fees, site plan and plat review fees, which has collected about 24.96% of the budgeted amount but these are about 14% below the amount received at this point last year. INTERGOVERNMENTAL REVENUE: During the first three months of 2007-2008, the City has received 14.47% of the projected revenue. This is due to the timing differences in recording the revenue and actually receiving the payment and also because of lower collections from sales taxes and state revenue sharing. GENERAL GOVERNMENT CHARGES FOR SERVICES: During the first three months the City has received 25.94% of the budgeted revenues in this group. It was noted that collections are lower than the prior year at this time from tennis and skate facilities. FINES AND FORFEITURES: During the first three months ended December 31, 2007, 17.15% of the projected revenue has been collected, so this will need to be monitored. . MISCELLANEOUS REVENUES: During the first three months, the City received only 10.18% of miscellaneous revenues. This is mainly due to lower than expected interest revenues due to an overall decline in interest rates and problems with the State Board of Administration that resulted in all participants not receiving any income in November from those investments. OTHER REVENUE SOURCES: Amounts encumbered during the prior year are being carried over to the current year. This is standard procedure in order to match the payment of those commitments to the source of funding. The following summarizes the analysis of General Fund revenues and the net recommended changes: x ~~ ~~ ', ~ \D~1'I~1 U :~ ~ ~ rR~~ f~-F t A > v C~ ~ ~3= r~ '_ I (gyp 7 ~1~~ 7i ~1~V 57 ~ ! ~ T 7 T~TI 1~~ ~S~ l)'t 1~~4~.1~1~ L', Ll !1 ~7 r1 l1! l~~~. ~liQ /' Lll j l°rund ~~ e t uc it C ' ~ :~ n ia > ~ I)f~rC< < ~ T3C _ . . .... x .~ ~ ~' (ll ~\G G ~ ` , ~ 3 X ~ ,' l3Cl I)~ ~= l',~;~ t ~ . n ~l i . .. . . , . Taxes $ 8,003,249 $ - $ 8,003,249 Licenses and Permits 173,000 - 173,000 Intergovernmental 2,268,000 25,004 2,293,004 Charges for Services 310,969 - 310,969 Fines and Forfeits 59,600 - 59,600 Miscellaneous Revenues 483,400 16,089 499,489 Interfund Transfers 538,029 - 538,029 Non-Revenue Sources 144,087 62,445 206,532 .~ ~. ~ ,.. ~ ~ ;. , , .. "I'~it~~l i l ~l?iU,33-t ~~ _ ~, ~ 1U3,,,S~ ~ 13;U53,S'fw2 ~, , c ANALYSIS OF GENERAL FUND EXPENDITURES Most departmental percentages were at or below the 25% level anticipated for the first three months ended December 31, 2007. There are several budget adjustments in the General Fund which are explained below: EXPENDITURES: Operating Expenditures -Net decrease of $879 to fund purchase of a necessary item of equipment. Capital Outlay -Net increase of $879 to replace a scanner. ,,,,. .(. r K~ ?,~ ~~~ ~~ a ~ ~ l.N~"~ ~k ~t sr ~ n { z ~, t r ~J Y l3° ~ T ~ ~~~'li~ ~ k ~~f a-- -_ ~CL~ L~p~t p ~ m ~ i, ~1p;` ~ V ~ f II ~- .... ~ ~ ; PERSONAL SERVICES $ 143,543 $ - $ 143,543 OPERATING EXPENDITURES 10,801 25,004 35,805 CAPITAL OUTLAY - _ ~-~ ~ f 5 ~ r ~~ ~v ~ ~~ ~ . ~~ ~~+~ 7+ ~ Af - . .. F $ ~ I Operating Expenditures -Increase of $25,004 for the COPS in School Grant passing through the City and paid to Sebastian Elementary and Sebastian Charter Junior High School. q3 ` Operating Expenditures -Net increase of $10,972 to reflect an encumbered amount carried over from the prior fiscal year. The funding is from General Fund appropriation from prior year. Capital Outlay -Net increase of $977 to reflect an encumbered amount carried over from the prior fiscal year. The funding is from General Fund appropriation from prior year. ~* ~ ~`~ ~, ~ ~... ~,~ ~ ,~~ ~,~~ r ` ,~ ° ` ~ ~ ~~ s ~ ill Yh~ i r 1)U ,TE~U s . ~ ~~ / E*~.7 ~' n ~ -~. ~ 4 ~_ ~ ~ x ` w~>>~~ ' $ , .i ; .tea 1 y i~ ~ d ,,~ ~~ y'~iS T ~EOa~ en - `: ~ ~~~~ w~' ~007'21~,08 a~, ~ ~ . ~~ I~~'r)E s ,gti ;~~ ~ r~. ~ tr a~ t { r,C~ +~' -Y ~'~ '17 +T ~~ "~'i 4 1 r {+»~ 3.. z~ r ~,~. ~ T777~~f(~~ii S ~ ^ ~ ~ s cr+: k'ah~t rf :.' 1 .pE T 7~` ~~ 3 4 ~ v T Y + ; st + ~ i - ~~ t~ 1~1J~1J~t7 L'J I ~ ti ~~1 ,;1 }.:~; ~, `1 \ ~ PERSONAL SERVICES $ 428,139 $ - $ 428,139 OPERATING EXPENDITURES 30,506 3,624 34,130 CAPITAL OUTLAY 35,587 - _35,587 ~r`~4 ~~.~ ~ ~< -~ ~ - ~ , .~„ 3 ' ~ k'' x.~R ,-~.u~'l u.~,., ~. ' 7 '~'~ 7y f ~ ~~~~ ~, r ~-,. r1 .~ .. ~~ ^^~,,,:~~•~~`~ `. 1 ~.'.'~! 1 V%~ F r~°,~ _ mss:. ~ ,:~~,~i' {` ~ i ~2~., f7: 1'; ~)l 1L ~ l ., r ~t r . 3 , : { 4 - e , Operating Expenditures -Increase of $3,624 to reflect an encumbered amount carried forward from the prior fiscal year. The funding source is from a General Fund appropriation from prior year fund balance. ~ ~' ~~' 'f a ~'~, ~ } y ~ c ~ r~ t, v ^~ r ~ ~ r~ k ~ r i 7 }, 1y ~~ *~~~~ ~ ~ 11 1nn (Ill ~~ k`Uyc~~ ~ 1t f t V ~ , t.11~`~ r2 fHl 71"~I ~ 1 4R:~~~.Mf~,~~~f ~~~ "Jjk~ :. fyi /~ rr~, ) (~7~{~ ~ y 1 ~~ C ~.) ~/~ fi Ax~.~'Ci. '4!!#= 3~4:t ~ y ~ <~ y~ '. ~ r~r %~L~j'Y ~ ~ ~.:: ~ VI.~~Y !~~~ S~^' .-~ f~~f~ ~ ~} +f~i t ~]~1 `~ `~ ii"^ ~'`x . ~~'~ C~~~ TL'.~} i ~ 4Y... ~ 4 Y.~N ~ 3 ' ~ i ~.".'. PERSONAL SERVICES $ 605,415 $ - $ 605,415 OPERATING EXPENDITURES 731,778 ~ 9,962 741,740 CAPITAL OUTLAY 35,000 - 35,000 ~ ' ~ ~ ~ ~ 1 a ~ 7 ~'~~ ~ ~~j ~ ' x 3 = l,, ' ~ 9'^"F . V ~F ?-`t .. Ji .s {+:U . j..* 1 } : ~i ~,Y , ..? . .'%,~.,~ >~r-1 ~-Il $a,~a .. .`~~.. ~'aG~ Operating Expenditures -Increase of $9,962 to reflect an encumbered amount carried over from the prior fiscal year. The funding source is from a General Fund appropriation from prior year fund balance. __ _ _ __ . ~i ~ / ~ q ,20QT~ ~O[f3 .,~ - ~l~ ~N~~llU~D [` ~ f ~"'l i ~~A .{~ 3 ~ y, tE x 1~~ ~'S.~~ sT~'k ~ t'i ~ ; 'f 3` '(~= t 'L~'1' ~" ~`. I3ui1,~ ~ o-aA' ~ ~ . i 13;U Gla'E'~` Y' ~ ~~# C' " ~sk~:4 ' } PERSONAL SERVICES $ 106,536 $ - $ 106,536 OPERATING EXPENDITURES 155,383 5,400 160,783 CAPITAL OTJTLAY - - - a ~ " ~ ~ l ,~~ ~~~ ~ ? ~ ~, h ~ -l l) (l `~ yl` ~ = ~ 1~~': x;: ; f ~ 10, t 1 ~ ' . , ; Operating Expenditures -Increase of $5,400 results from applying a portion of the lease revenue from IRCC for the old school house 2nd floor classrooms to the anticipated elevator expense. ~~. ~ N ' ~D(~l' ~ .~~ r~ ~,xl? t ~ ~ ~ ' ,~ 12 SAD ; _ ~`To bli b f ` ['~ i `~U07=~11Q`~ l, U, ~ 12EC(~1~~~1 tiI ~~(ll}7 .05 '~s S t r c,~, ~iieL t . u Ucl~ il x 1 ~2 t F ~ y ~ 7 ~J ; ; : ,. r1 ~ F~ ~~ ..~ ~~ti1}1Sll ..A" 'YcYL'~~ ~ ~. } ~ ~~t~ ~ 1 PERSONAL SERVICES $ 131,295 $ - $ 131,2 95 OPERATING EXPENDITURES 33,492 621 34,113 CAPITAL OUTLAY - - - Operating Expenditures - An increase of $621 to reflect an encumbered amount carried over from the prior fiscal year. The funding source is from a General Fund appropriation from prior year fund balance. 5 q~ Operating Expenditures - An increase of $6,600 results from applying the lease revenue from IRCC for the old school house 2~ floor classrooms to the anticipated janitorial service expense. Contingency - No changes entered prior to December 31, 2007 but see changes mentioned on Page 2 of this report that reduce the contingency balance from $225,000 to $217,500. NET RECO1VIlVIENDED CHANGE TO THE GENERAL FUND EXPENDITURES IS $103,538. goo 6 Capital Outlay -Increase of $34,500 to reflect an encumbered amount carried over from the prior fiscal year. The funding source is a General Fund appropriation from prior year fund balance. Following is a summary of the General Fund Departments and Divisions explained is the previous analysis: 001 GENERAL FUND GENERAL FUND REVENUES $ 11,980,334 $ 103,538 $ 12,083,872 $ 103,538 AMENDED RECOMMENDED REVISED INCREASE GENERAL FUND DEPARTMENT/DIVISION BUDGET CHANGES BUDGET (DECREASE) General Fund Operating Expenditures and Capital Outlay by Department/Division: Legislative $ 61,068 $ - $ 61,068 $ - City Manager 261,287 - 261,287 - City Clerk 280,288 - 280,288 - Legal 226,034 - 226,034 - Finance 384,032 - 384,032 - M.I.S. Division 247,952 - 247,952 - Human Resources 241,252 - 241,252 - PoliceDepartment: Administrative Division 254,305 11,949 266,254 11,949 Special Operations 414,018 - 414,018 - SchoolResource.Unit 154,344 25,004 179;348 25,004 Patrol Division 1,986,230 - 1,986,230 - CommunityPolicing Unit 189;842 - 189,842 - Code Enforcement ~ 162,752 - 162,752 - Professional Standards 147,463 - 147,463 - DetectiveDivision 556,400 - 556,400 - Support Services Division 272,104 - 272,104 - Communications Division 430,598 - 430,598 - Engineering 494,232 3,624 497,856 3,624 Public Works: Roads & Maintenance 698,303 5,878 704,181 5,878 StormwaterUtility 1,372,193 9,962 1,382,155 9,962 Parks & Recreation 1,083,381 - 1,083,381 - Building Maintenance 261,919 5,400 267,319 5,400 Central Garage 164,787 621 165,408 621 Cemetery 165,867 34,500 200,367 34,500 Growth Management 389,567 - 389,567 - Non-departmental 1,080,116 6,600 1,086,716 6,600 Total Operating Expenditures and Capital Outlay by Department/Division: $ 11,980,334 $ 103,538 $ 12,083,872 $ 103,538 (d~ ENTERPRISE FUND ANALYSIS OF GOLF COURSE FUND Revenues: Non-operating Revenue -Increase of $700 to reflect an encumbered amount carried over from the prior year. associated with the above PERSONAL SERVICES $ 294,322 $ - $ 294,322 OPERATING EXPENSES 361,300 700 362,000 CAPITAL OUTLAY 10,000 - 10,000 DEBT SERVICE 306,190 - 306,190 INTRAFUND TRANSFERS - - - CONTINGENCY - - - Operating Expenses -Increase of $700 to reflect an encumbered amount carried over from the prior year. The funding source is Golf Course appropriation from prior year fund balance. ~o~ 8 CAPITAL PROJECT STATUS REPORT As Of December 31, 2007. . GENERAL CAPITAL PROJECTS FUND 310 Years Balance -Project To-Date to Number Description Budget Expenditures Encumbrances Complete Complete 00811 Police Vehicle Replacement 385,000.00 -_ - 385,000.00 0.00% ' _ _ _ - 0.00% 385,000.00 - - 385,000.00 0.00% CAPITAL IMPROVEMENT PROJECTS FUND 320 Years Balance Project To-Date to Number Description Budget Expenditures Encumbrances Complete Complete 03203 Filbert Street Park (Zone C) 69,750.00 60,768.59 - 8,981.41 87.12% 03207 Community Center Renovations (DST) 90,000.00 66,215.85 - 23,784.15 73.57% 04203 Easy Street Park (Zone B) 40,000.00 36,353.09 - 3,646.91 90.88% C420S Riverview Pazk Electrical & Lighting (All Zones) 119,011.00 118,190.78 - 820.22 99.31% CS201 Stonecrop Street Park (Zone D) 60,000.00 - - 60,000.00 0.00% X5203 Community Center Improvements -Recreation Program Improv. (AI 41,000.00 5,354.89 - 35,645.11 13.06% C520S Generator room construction and relocation of generator from PD to 35,000.00 10,957.69 - 24,042.31 31.31% C620S Friendship Park -Special Needs Playground (All Zones) 70,000.00 63,331.16 512.00 6,156.84 90.47% G¢206 Barber Street Sports Complex -Special Needs Access (All Zones) 25,000.00 - - 25,000.00 0.00% X0721 Hardee Pazk Improvement 50,000.00 - 6,312.50 43,687.50 0.00% X0722 Schumann Pazk Racquetball & Basketball Courts (Grant) 80,000.00 1,800.00 - 78,200.00 2.25% 00724 Dog Park (All Zones) 20,000.00 750.00 - 19,250.00 3.75% 00821 Riverview Pazk Upgrade . 10,000.00 - - 10,000.00 0.00% 709,761.00 363,722.05 6,824.50 339,214.45 S1.2S% TRANSPORTATION CAPITAL PROJECTS FUND 3 30 Years Balance Project To-Date to % " Number Description Budget Expenditures Encumbrances Complete Complete 09301 Barber St Bridge Improv -Periwinkle DST$50,000 GF$6,000) 309,660.00 32,850.01 - 276,809.99 10.61% (253,660 from IRC Interlocal Agreement) 02303 Bazber St Sidewalk (CR512 to Hardee Park) (DST) 71,500.00 51,580.15 - 19,919.85 72.14% x,4303 Pedestrian Bridges (DST) 150,000.00 5,395.00 52,605.00 92,000.00 3.60% CS302 Easy Street Renovations (DST) 862,571.00 13,590.00 660.00 848,321.00 1.58% 06301 Laconia Street Extension (LOGY) 75,000.00 - - 75,000.00 0.00% 06302 Fleming Street Extension (LOGY) 75,000.00 - - 75,000.00 0.00% 06303 2006 Road Paving Program (LOGY) 150,000.00 138,530.43 - 11,469.57 92.35% 06304 2006 Sidewallcprogram 500,000.00 456,239.02 38,843.70 4,917.28 91.25% t~0731 2007 Sidewalk/Bikepath (LOGY) 150,000.00 25,893.53 50,602.99 73,503.48 17.26% C073S Powerline Road 15,000.00 - - 15,000.00 0.00% 00741 IRD/Main Street 1,920,803.00 505,933.53 81,796.31 1,333,073.16 26.34% 00831 Pedestrian Bridges (DST) 200,000.00 - - 200,000.00 0.00% 00833 Street Repaving (LOGY) 95,000.00 - - 95,000.00 0.00% 00834 512 Comdor (DST - FDOT Grant) 279,528.00 - - 279,528.00 0.00% 4,854,062.00 1,230,011.67 224,508.00 3,399,542.33 25.34% X03 STORMWATER IMPROVEMENT FUND FUND 363 Project Number Description F;.°: 04602 Main Street Twin Ditch Improvements 04603 Periwinkle Drive Improvements (DEP Grant $313,000) 04604 Middle Stonecrop Improvements 04606 Collier Creek Improvements 04607 Stormwater Utility Revenue Bond 05601 II2D / Davis Street Nutrient Separating Baffle Box ($109,977 Storm• 00761 1/4 Round Swale Rehab ($363,443 DST, $436,557 Stormwater Utili 00762 Blossom Ditch Phase II 00763 Stonecrop Street Crossing 00861 1/4 Round Swale Rehab (DST) PUBLIC FACILITIES Il1~ROVMENTS FUND FUND 390 _r*, ~;~roject umber Descrirotion 03953 School Building Renovation AIRPORT PROJECTS FUND 455 Yeazs Balance To-Date to Bud et Expenditures Encumbrances Complete Complete 1,118,001.00 973,086.73 96,444.45 48,469.82 87.04% 563,000.00 74,720.40 752.49 487,527.11 13.27% 382,301.00 142,86239 52,016.61 187,422.00 37.37% 3,513,000.00 495,998.00 41,084.03 2,975,917.97 14.12% 301,305.00 - - 301,305.00 0.00% 152,767.00 136,987.76 15,967.20 (187.96) 89.67% 800,000.00 655,999.25 144,000:00 0.75 82.00% 512,000.00 6,248.25 - 505,751.75 1.22% 289,972.00 - - 289,972.00 0.00% 818,444.00 - 600,000.00 218,444.00 0.00% - - ~ - - 0.00% 8,450,790.00 2,485,902.78 950,264.78 5,014,622.44 29.42% Yeazs Balance To-Date to Bud¢et Expenditures Encumbrances Complete Complete 960,049.00 907,929.60 38,692.19 13,427.21 94.57% 960,049.00 907,929.60 38,692.19 13,427.21 94.57% Years Balance .Project To-Date to Number Description Budget Expenditures Encumbrances ComRlete Complete 63502 Construct Access Road 750,000.00 68,667.03 26,070.97 655,262.00 9.16% 03505 Install Security Upgrades 587,500.00 576,480.71 - 11,019.29 98.12% 05501 Install Fuel Tanks & Wash Rack 325,000.00 318,612.74 6,553.31 (166.05) 98.03% 05502 Airport Maintenance Building 463,000.00 433,443.58 29,751.50 (195.08) 93.62% ~5~04 Airfield Lighting and Signage 300,000.00 61,229.67 9,532.06 229,238.27 20.41% C5S05 T-Hangar Construction 625,000.00 432.00 - 624,568.00 0.07% CQ752 BrusbNegetation Removal 43,967.00 39,467.40 4,499.60 - 89.77% C-0:753 ALP Update 125,000.00 18,056.88 15,205.12 91,738.00 14.45% 6_0851 Construct T Hangazs 800,000.00 - . - 800,000.00 0.00% 00852 Acquire Airport Maintenance Equipment - 52,000.00 - (52,000.00) n/a 4,019,467.00 1,568,390.01 91,612.56 2,411,464.43 39.02% U~( As of September 30, 2007, the total investment of the City was $22,227,763.75. The investment consists of the following: Investment Type State Board of Administration (SBA) Certificate of Deposits (CDs) US Government Agency Bonds Guaranteed Investment Contract (Stormwater Revenue Bonds, Series 2003) Total Investments Amount $ 9,096,572.64 1,500,000.00 7,499,843.75 4,131,347.36 22.227.763.75 The detail of each investment is presented on the following pages. This quarterly investment report and the City's investment policy are available on the City's official website www.cityofsebastian.or~. ~e5 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 12/31/2007 STATE BOARD OF ADMINISTRATION CURRENT INVESTMENT ALLOCATION PERCENT BALANCE General Fund 6.06% 417,349.39 Local Option Gas Tax Fund 0.18% 12,276.02 Discretionary Sales Tax Fund 23.40% 1,611,918.74 Riverfront Redevelopment Fund 4.96% 341,447.19 Recreation Impact Fee Fund 12.19% 839,959.37 Stormwater Utility Fund 3.03% 208,936.20 Law Enforcement Forfeiture Fund 0.34% 23,378.99 Discretionary Sales Tax, Series 2003 and 2003A Debt Service Fund 3.08% 212,519.58 Stormwater Series 2003 Debt Service Fund 0.29% 20,027.75 Capital Projects Fund 0.05% 3,417.17 Capital Improvements Fund 1.63% 112,293.38 Transportation Fund 19.13% 1,318,288.73 Public Facility Fund 0.00% - Stormwater Projects Fund 7.46% 514,170.90 Golf Course Fund 8.46% 583,071.23 Airport Fund -0.53% (36,212.43) Building Department Fund 8.12% 559,239.23 Cemetery Trust Fund 2.15% 147,806.71 Sub-Total 100% 6,889,888.15 Stormwater Utility Bond Reserve 100% 523,927.35 Stormwater Utility GIC Interest Reserve 100% 175,538.63 TOTAL INVESTMENTS HELD WITH THE STATE BOARD OF ADMINISTRATION 7,589,354.13 / v~ cashsba1207 2/6/2008 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 12/31/2007 CUSTODIAL ACCOUNT COUPON/ DATE OF PURCHASE MATURITY CUSIP ASSET NAME YIELD PURCHASE PRICE DATE NUMBER 1 Federal Farm Credit Bank Bonds -Callable 3.000% 05/28/03 1,000,000.00 05/28/08 31331QN45 2 Federal National Mortgage Association Notes 4.300% 06/05/05 1,500,000.00 05/05/08 31359MB93 4 Federal Home Loazi Freddie Mac 5.50% 07/30/07 1,000,000.00 07/30/10 3128X6HP4 5 Federal Hoine Loan Bank 5.13% 08/14/07 1,000,000.00 08/14/09 3133XLXQ1 6 Federal Farm Credit Bank Bonds 5.44% 08/21/07 1,000,000.00 02/23/09 31331XW65 TOTAL 5,500;000.00 INVESTMENT ALLOCATION Custodial Investments 001 General Fund 120 Local Option Gas Tax Fund 2,585,000.00 130 Discretionary Sales Tax Fund 15,000.00 140 Riverfront Redevelopment Fund 285,000.00 160 Recreation Impact Fee Fund 60,000.00 163 Stormwater Utility Fund 340,000.00 310 Capital Projects Fund 165,000.00 320 Capital Improvements Fund - 330 Transportation Fund 435,000.00 363 Stonnwater Projects Fund 610,000.00 410 Golf Course Fund 15,000.00 455 Airport Fund - 480 Building Department Fund - 601 Cemetery Trust Fund 475,000.00 515,000.00 TOTAL 5,500,000.00 cashsba1207 ( O 2/6/2008 I CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 12/31/2007 INSTITUTION National City National City TOTAL INVESTMENT ALLOCATION General Fund TOTAL 6 0~ cashsba1207 2/6/2008 CERTIFICATES OF DEPOSIT DATE OF PURCHASE MATURITY PURCHASE PRICE YIELD DATE 12/15/06 $ 500,000.00 5.35% 05/15/08 12/15/06 1,000,000.00 5.40% 12/15/08 $ 1,500,000.00 CURRENT PERCENT BALANCE 100.00% $ 1,500,000.00 $ 1,500,000.00 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 12/31/2007 GUARANTEED INVESTMENT CONTRACT ROYAL BANK OF CANADA ISSUE Stonnwater Utility Revenue Bonds, Series 2003 TOTAL PURCHASE INITIAL BALANCE MATURITY DATE DEPOSIT REMAINING RATE DATE 12/15/06 $ 4,946,840.77 $ 4,004,318.97 4.800% 06/15/09 $ 4,946,840.77 $ 4,004,318.97 cashsha1207 ( O 2/6/2008 l 1[0 tYlt QE ~- .~a> H~YME..OF PELIG!!AT Memorandum To: Mayor and City Council Thru: Al Minner, City Manager From: Kenneth W. Killgore, Director of Finance Date: February 4, 2008 Re: 1st Quarter Accomplishments and Operating Statement Fiscal Year 2008 Enclosed please find the 1St Quarter Accomplishments and Operating Statement for the City of Sebastian as assembled and prepared by the Finance Department for'the three months ended December 31, 2007. CITY CLERK L_ e~islative Support Matters • Prepared agenda packets and minutes for five Regular City Council meetings; one City Council workshops, three Special meetings -attended meetings for a total of 25 %2 hrs. • Two Ordinances Adopted Five Resolutions Adopted One Prepared Resolution Failed • Coordinated with recipients for preparation and presentation of two proclamations • Placed six Council agendas in the Press Journal • .Placed two legal notices in Press Journal • Coordinated travel reimbursement for one member to FLC Instihrte for Elected lYluriicipal Officials Records Management Program • Responded to 110 public records requests • 31 boxes of records that reached retention or were scanned & 24 bags of duplicate and OSA records destroyed by Shred-It - 16 trees saved • Scanned into Laserfiche 20 sets of minutes, 15 agenda packets, 8 Resolutions, 2 Ordinances, 13 agreements and 18 Cemetery files -10 other documents • 93 Building Permit Folders with Plans scanned by the Building Dept. were imported, reviewed and verified by RPM • Assisted PW/Engineering with records retention issues • Completed annual records compliance submittal to State of Florida City Board Matters • Filled six Board vacancies • RPM recorded two Natural Resources Board meetings • RPM Coordinated Champion Tree Day on 11/10/07 • Prepared three Certificates of Appreciation for Mayor presentation e • Placed bi-annual ad per Code 1 i~~ Cemetery Matters • Certificates of Interment Rights for 11 locations issued for a total of $17,000 Community Matters • Assisted HR with Student Government Day -prepared goody bags for students • Coordinated Garrie Scott Football Field Dedication on 10/27/07 • Coordinated Christmas Parade with GFWC, SPOA, Chamber and PW/PD staff to include preparation of four certificates and three display ads Personnel/Educational Matters • Deputy Clerk attended FACC Career Development Institute continuing education classes October 10-12th • Records Program Manager attended 2007 Sunshine Seminar in Orlando on October 15, 2007 • Deputy Clerk attended FACC one day seminar in Port Orange - December 7, 2007 FINANCE • Closed out fmancial records for fiscal year 2006/2007 • Successfully published the FY 2007/2008 annual budget document before October 31, 2007 • Reduced holdings in the State Board of Administration Pooled Investment Program, as a precaution against losing the principal amounts that had been invested • NeVv Finance Director reported for work on December 10th • Began compiling the Comprehensive Annual Financial Report MIS • Continued to monitor the Building Department's New IMS web-based real time interface • Fought off every attempt to breach our security, stopping 34 attacks • Continued to maintain all communications equipment and operate free from any interruption in services. • Completed a major up grade to a T1 line with no down tune • Upgraded to latest version of IMC (required updating every workstation laptop in Police Department). • Completed the Fiber repair at the Golf Course • Continued to work with the Airport Director to improve Airport security and monitoring systems • Moved the Finance Department credit cards system off the old server and to a Bank of America web interface with no impact to Finance or the City of Sebastian operations • Completed and updated the roll out of Office 2003 • Replaced a maj or 48 port Police Department switch that failed with very little interruption in service • Replaced 40 batteries in the Police Department Minuteman UPS with no interruption in service • Also handled an additional 2,501 work orders, with a staff of two employees and assisted the Police Department with 24 hours, 7 days a week coverage • Repaired the EXATRON in the Broadcast room with no interruption in broadcast service • Ran broadcast station Channe125 and provided 9 websites to inform the residents • Worked on a major upgrade of the Golf Course software, server and all workstations • Working on a major upgrade to the Police Department ICOP Server software • Working on The Indian River Fiber project for the Police Department to Indian River County hookup.. • Working on a new Exchange 2000 Web Mail interface • Working on a file transfer from Back America to Munis • Working on new Hurricane Tracker Program, an MIS procedure manual and a multitude of other projects • Work Order Requests Processed = 2501 • Workstation Preventive Maintenance Performed = 70 • Unplanned Server, Network or Telephone Outages = 0 • User Training Hours Performed = 62 ~~a 2 HUMAN RESOURCES • Successfully completed the annual Single Audit for grant compliance • In conjunction with Employee Events Committee, organized Employee Appreciation Day. • Coordinated Student Government Day • Recruited, interviewed, and hired MIS Systems Analyst, Finance Director, Building Maintenance Worker II, Two Stormwater Maintenance Worker I's, Tennis Court Attendant, a Police Volunteer and two City Hall Receptionist Volunteers • With Employee Events Committee, organized employee Jeopardy contest on the United States • Coordinated employee flu inoculations with the Sebastian River Medical Center 2007 • Continued the Employee Recognition Program through the employee of the quarter program • Completed new employee benefit orientation for new (2) employees • Completed FDOT random drug testing for the lst quarter • Hosted Annual Awards Banquet and presented longevity and employee of the year 2007 • Filled in during the absence of a Finance Director • In conjunction with Finance, provided assistance to complete the field work for the annual audit • Coordinated the quarterly employee investment meetings with ICMA POLICE DEPARTMENT Administration • Provided for agency participation in traffic safety programs, "DUI Enforcement Wolf Pack" and Equipment Check Lanes • Provided for the command staff to gain experience in budgeting, budget adnunistration, special events planning, disciplinary matters and reviewing operations of other police agencies • Obtained assistance to clear a derelict vessel from the Indian River Lagoon within the City Limits • Comp. Stat. and Staff Inspections are major projects that are still being formulated for implementation. • Working on a reorganization plan to provide for closer supervision of personnel and procedures • Evaluating programs such as SRO, Traffic and Marine for reassignment to the under-staffed Road Patrol. Road Patrol • During this period officers responded to 2,503 calls for service with 4,915 officers initiated activities. This totals 7,418 • 225 arrests were made • Traffic enforcement was conducted throughout the city with 254 citations being issued and 725 written warnings. We had 63 vehicle crashes reported. Officers have been actively addressing complaints of speeders throughout the city aggressively and continuously • Officers completed 479 offense reports, 225 arrest reports and 60 supplement reports • Officers handled 114 parking issues, wrote 13 citations and issued 48 notices of violation • Road Patrol has continued to professionally serve the community by patrolling the city in order to deter crime and to maintain the community policing philosophy • Officers and sergeants maintain skills by attending mandatory and advanced training throughout the year School Resource Officers • 3 DARE skates and 2 DARE bowls • 18 school reports written and 58 student/parent conferences • 42 mediations conducted and 304 counselings • 72 school meetings attended • 117 classroom programs were conducted • 0 arrests made • 12 RAD Kids safety classes 3 ~ ~3 Community Policing • Worked on the planning of the Citizens Academy • Attended training for Instructor Techniques an 80 hour course and a CPR/AED refresher. • 6 community contact/meetings • 8 business contacts/meetings • 4 department tours • 19.25 hours of patrol duties for shift coverage • 7 car seat installations and education to the public _ • 3 background checks for volunteers and started background checks on dispatcher applicants Community Volunteer Unit • The Community Service Volunteers worked a total of 1927 hours during this quarter • 53 bank deposit details were made • 1 Handicap warning citation was issued • 8 traffic control details were assigned • 347 house watches were completed • 75 vehicle transports were made • 130 business checks were made • 46 Airport checks were made • 70 special details were assigned • Assisted on 2 traffic crash scenes • 149 miscellaneous assists for law enforcement personnel • 242 paper runs ie: State Attorneys Office, Sheriff's Office, etc. • Brought on 2 new volunteers Trainin Unit • Processed numerous schools for the department which totaled 1317 course hours of training. • Sponsored two classes for dispatch with other agencies attending • Held a Standardized Field Sobriety Testing class with officers from other agencies attending. • .Held CPR/AED refresher training for all sworn officers Alarm Assessments • Received $764.00 in fines • Received $230.00 in alarm permits • 23 new permits issued Investigations • Detective Sergeant Grimmich and Detective Byers attended a 16 hour Anti-Terrorist course. Detectives Taylor-McGrath attended a 40 hour Sex Crimes course. Sergeant Grimmich, Detectives Snell and Detective Taylor-McGrath also attended a 4 hour SID's & Child Death Investigation course. • 120 cases were assigned, with 46 being cleared • 9 felony arrests. and 3 misdemeanor arrests were made • 168 reports/supplements were completed and 26 warrants were obtained Records Division • Incident Reports processed, dispersed to proper agencies and entered into IMC ................. 500 • Arrest Reports (Juveniles) .......:............ ................................. 41 ............................ • Arrest Reports (Adults) .......................................... ....................................... 200 • Accident Reports processed, dispersed and entered into IMC ......................................... 75 • Traffic Citations processed and entered into IMC ...................................................... 417 • Parking Citations processed, followed up and entered into IMC ........................................22 • Warning Citations processed, followed up and entered into IMC .....................................947 • Subpoenas signed, processed and distributed .......................................................... 1,247 • Fingerprinting service ....................................................:................................... 61 ~~~ 4 Special Operations • Citations -147 • Warnings - 217 • Incident reports - 26 • Arrests -17 • K-9 Usage Reports - 13 • K-9 Training hours - 230 combined hours. • K-9 Demonstrations - 5 • K-9 Apprehensions - 5 misdemeanor & 8 Felony Communications Division • One (1) dispatcher on medical leave • 9265 calls entered into C.A:D. • Dispatched 929calls from 911 • Radio Repairs • Received (2) portable radios • Hosted -Overseeing the Management/Administrative Operation of a Communications Center, FDLE Regional Workgroup Meeting, and FDLE Criminal History Class • Training attended: (2) Overseeing the Management Operations of Comm. Center, (2) FDLE Regional Workgroup Meeting, (5) FDLE Criminal History Class, (10) TDD Training, (2) Basic Communications • Provided the Citizens of Sebastian with house watch requests and cancellation services, citation sign off information, phone numbers and other services by contacting other Agencies and/or Departments • Provided service to non-residents by answering questions, giving phone numbers, referring them to the proper agency, etc. • Assist other agencies with information and/or requests they may have ENGINEERING General • Handled numerous meetings and review discussions related to design and permitting of the Stormwater capital improvement program • Assisted daily with resolution of numerous drainage and signage inquiries and complaints from residents • Worked closely with City Manager, City Attorney, and City Staff regarding various organizational, procedural, and substantive matters -particularly having to do with stormwater, traffic, street/roads, and capital projects • Assisted internal staff daily in the clarification and resolution of numerous contractor drainage permit matters • Coordinated permitting and site plan review items with Building and Growth Management Departments • Reviewed numerous FEMA /FIRM flood map revisions (in conjunction with Growth Management) + Continued performing troubleshooting and planning for interrelated drainage, paving, and sidewalk matters. • Continued development and improvement of Sign Shop operations and procedures including design, procurement, and installation of various traffic signage items • Reviewed and assisted in implementation of paving program • Reviewed capital improvement projects • Put together bid packages for several capital improvement projects and handled bid process for same • Worked with City staff and outside agencies and consultants regarding grants and grant opportunities for several capital improvement projects • Attended MPO meetings and set up meetings for enhanced collaboration between City and MPO • Worked with City Airport Director on various items related to improvements at the Airport • Continued development and organization of Engineering Assistant /Intern program • Made plans for enhanced employee training program in the Engineering Department • Continued development work, including various key contacts and meetings, regarding program for higher education offerings in Sebastian area. 5 ~C~ • Handfed numerous meetings and review discussions related to design and permitting of the City's Stonnwater Utility capital improvement program • Handled numerous personnel matters having to do with Engineering staff, including Sign Shop • Continued design, permitting, contracting, and/or construction activities on the following City capital improvement projects: Twin Ditches; Baffle Box; Collier Canal Dredging; Periwinkle Stonnwater Retention: Blossom Ditch Improvements; Easy Street Renovation; and Pedestrian Bridges Field Investigations • 4 new pool construction inspections • 72 new home construction inspections ~ _ • 9 new home drainage permits • Set elevation for 2 side yard pipes • Set elevation and grade for 6 road crossing pipes • Set elevation and grade for 2 catch basins • Coordinate with Mosby Moia Bowles & Associates, Inc., on Sebastian River Landings • Coordinate with Schulke, Bittle & Stoddard LLC, on the Gables Miscellaneous • Worked with FPL on the installation of new street lights • Coordinate with CDM on stonnwater park Traffic Division • Completed and installed a total of 498 signs: ^ Stop signs- 120 ^ Street signs- 40 ^ Do not enter 2 ^ Crosswalks ^ Decals 20 ^ Speed signs 25 ^ Handicap-10 ^ No parking- 15 ^ Specialty-100 ^ Route assembly- 0 ^ Warning signs- 7 ^ Temp signs- 100 ^ No trucks 2 ^ Guide signs 10 ^ Ped Xing-2 ^ School Zone 0 ^ No trespassing 10 ^ Object Markers 35 ^ Brite-side .Strips-15 ^ Pavement markings 250 Ft • Fabricated 200 signs • Pavement Marking 250 ft. • Arrows 6 • RPM's 12 (Routine replacement) • In addition to daily duties, this Division is now involved in the creation of a comprehensive traffic control plan for the city of Sebastian, utilizing the intern staff and the county MPO staff to accomplish this. This will be an ongoing Project as circumstances change daily. We are also increasing our pavement marking efforts. We were recently assigned Bridge inspection and paving inspection. We are constantly looking throughout the city to determine where we are lacking or out of compliance with state and federal guidelines pertaining to traffic issues. The most recent was Guard rail installation and work is being done to bring us into compliance. ~.~ ~. 6 Intern Program Over the past months the Engineering Deparhnent Interns have started and continued projects including, but not limited to, traffic studies, capital improvement project research and development, and site plan review. The Interns also provide AutoCAD services to create and modify new and existing site drawings. More specifically, the Interns have spearheaded or contributed to the following projects: • Well and Rain Monitoring • Collier Creek Dredging • Plan Reviews • Various site visits and evaluations • Easy Street Widening • Sign Shop Map • Barber Street Resurfacing Throughout all of these projects the Interns have been able to provide the City with engineering knowledge and assistance while receiving invaluable real life experience. PUBLIC WORKS DEPARTMENT Roads and Maintenance • Installed electric service-and put sign up at Old School House • Cut back ROW on all the•bridges • Fixed potholes at Barber Street and Periwinkle • Installed barricades on Davis Street for the Building Department • Cleaned up right of way on Fatima Ct and Galilean and put in sod • Dug up the fiber at the golf course for a repair and reburied • Fixed flags and poles at the Yacht Club, Golf Course and Old School House • Cut back around all guardrails in the city • Cut back right of ways at Stonecrop, Fatima Ct, Galilean Ln, Quaker Ln, Streamlet Ave, Sweetbay Ave, Franciscan Avenue, Coral Reef St, Roulette St, Scroll St, Addie St, Midvale Terr, Abeta Ter, Seahouse St, Starboard St, Star place, and Genesee Ave. . • Installed catch basin on George Street • Set up stage at Riverview Park • Put in landscaping at the Old School House • Fixed mailboxes on Coply Terrace • Repaired fence at clock at Riverview Park; installed yellow posts and filled with concrete to protect the fence • Moved the sign at City Hall • Removed old electric and put in wood posts at Riverview park • Trimed trees at Riverview park, Yacht Club and Community Center and Main Street Boat Ramp • Painted Community Center, bathroom at ball fields and helped paint the Skate Park • Started repairs on sports complex press boxes • Pressure cleaned old school house generator room • Repaired the yacht club dock and replaced stolen cigarette butt cans • Installed new doors at the sports complex restroom and concession stand • Removed a sign for code enforcement on US #1 • Followed the ongoing sidewalk project • Repaired a catch basin on Main Street • Picked up mulch for the Parks Department • Repaired lights on Indian River Drive • Street sweeper did High Street, Capon Ter, Sebastian Blvd, Louisiana Ave, Helicon, Coolidge, North Central Ave, Essex Ln, Manly Ave, Concord Ave, Cardinal Dr, Alameda Ave, Laplaya Ln, Harris Dr, Kildare Dr, High Ct, and Indian Avenue 103 miles, 5 dumps, 6 tanks of water 7 l~~ Parks and Recreation • Made preparations for the Halloween Costume Contest • Overseeded and fertilized the baseball fields • Assisted with Veterans Day and Pearl Harbor Day • Assisted with Champion Tree Day • Installed new power pedestals and light poles with fixtures at Riverview park • Added new benches, trimmed trees and installed mulch at Garden Club Park • Installed new mulch at City Hall, PD, Community Center, Old City Hall and Riverview park • Refurbished walking trail at Hardee Park •, Replaced irrigation controller, electrical panel box and repaired sub panel and breakers at Garden Club Park • Repaired the wallang path at Easy Street Park • Resurfaced clay tennis courts at Friendship Park • Pressure Cleaned and painted Skate Park • Refurbished walking trail at Filbert Street Park • Installed new sod on medians on Schumann Dr and US #1 • Painted both bathrooms at Barber Street Sports Complex • Repaired irrigation at Old City Hall • Continued regular Maintenance • Continued the regular programs at the Community Center, tennis courts and skate park Cemetery • Continued regular routine maintenance of mowing, weed eating and edging • Fertilized and applied weed killer • Made necessary irrigation repairs • Installed all necessary memorial plaques City Garage • Worked with other operating departments to identify their vehicle and equipment needs in the event of a disaster • Continued employee education and training and certification program • Continued maintaining the fuel facility in accordance with E.P.A. requirements and assuring. fuel is always available to our fleet • Continued the shop equipment modernization program, as our budget allows, in order to increase the level and quality of service • Maintained a relatively low backlog on vehicle's and equipment, except for those cases that need to be outsourced and depend on the availability of funds each department has • Continued to monitor inventory, with monthly comparisons of parts room inventory and inventory database Building Maintenance • Completed repairs to Roof leaks at Old city hall and Airport • Installed new urinal valves at Golf Course Men's Room • Performed quarterly testing of sprinkler systems at City Hall and PD • Striped and wax floors at Community Center • Completed AC work including ducts, dampers and returns for PD evidence, booking and armory areas • Insulated V.A.V. boxes at the PD • Changed from roll to multifold towels at the PD • Barber Street Ball field Restrooms, installed new toilets, urinals, flush meters, entry doors and repaired leak in roof and repainted • Replaced filed compressor R.T.V. 4 PD • Replaced Blower Motor Bearing R.T.V. 2 C.H. • Repainted restrooms at creative playground • Repainted ext. & parts of Interior at Community Center ~l8 • Pumped septic tanks at baseball and football fields, creative playground, community center and Hardee park • Installation of new door and frame on baseball field concession stand • Assisted other city crews and outside contractors in renovations to baseball field score booths • Installed programmable thermostats upstairs at old City Hall • Reviewed applications, interviewed, hired and presently training new employee • Replaced broken 34' concrete pole and light at west end of City Hall complex •. Performed routine maintenance as required • Completed work orders received Stormwater • 34 driveways were replaced • Pipe replacements 1290 feet total 0 12" pipe-815 ft 0 15" pipe- 30 ft 0 18"pipe-310 ft 0 30" pipe-135 ft • Road crossings repaired ~ • Ditch excavation approximately 25,000 LF • Cut back Mowing with long arm -Approximately 4 miles • Vac Truck cleaned • 128 driveway culverts • 15 road crossings • 15 catch basins • Front Swale drainage work -Approximately 10,000 LF GROWTH MANAGEMENT • Site Plan Reviews (major, minor and administrative): ^ Site plan hearings/approvals -1 ^ Site plan inspections - 12 ^ Appeals - 0 ^ Extensions - 1 • Subdivision and PUD Reviews: ^ Division of a single lot - 0 ^ Preliminary plats -1 ^ Construction plans - 0 ^ Final plats - 0 ^ Extensions -1 • Annexations:0 • Comprehensive Land Use and Zoning Changes: 0 • FEMA: ^ Flood zone determinations - 19 ^ LOMR (Letter of Map Revision) Applications -12 • Occupational Licenses: ^ New Businesses - 96 ^ Renewals - 165 ^ Transfers - 7 ^ Duplicates - 3 ^ Home-based Businesses - 39 ^ Commercial Businesses - 40 ^ Insurance Companies - 17 ^ Solicitor permits - 6 9 X19 Code Amendments: ^ Land Development -1 (Building Height on IRD) ^ Comprehensive Plan - 0 ^ Discussions - 0 Zoning Applications: ^ Variances - 0 ^ Conditional use permits -1 ^ Overlay District waivers - 1 ^ Special events/Temporaryuse permits -10 ^ Accessory Structures (over 500 sq. ft.) - 1 ^ Model home permits (new & renewals) - 6 ^ Sign permits- 17 permanent, 14 temporary ^ Release of Unity of Titles - 4 ^ Abandonment of Easements - 0 ^ ROW Dedications - 0 Residential Inspections: ^ Final tree inspections- 29 ^ Land clearing permits -12 Residential 1 Commercial ^ Tree Removal permits - 35 Growth Management staffworked with numerous businesses in an effort to assist them in resolving long outstanding site plan violations, additionally Staff has met with the Chamber of Commmerce in an effort to foster better relationships with local businesses. Additionally, two businesses within the CRA district installed new signage to conform with regulations and participated in the grant program: Wendy's and Professional Animal World/HALO. A third grantee, Buena Vista Eyeland, has started construction on their new sign. City Staff also received final approval from the Florida Inland Navigation District CODE ENFORCEMENT 1ST QUARTER REPORT FY 2007-2008 OCT NOV DEC TOTAL WRITTEN WARNINGS 101 102 80 283 CASES CLOSED 19 39 32 90 REINSPECTIONS 115 117 88 320 CITIZENS ASSISTS 134 210 204 548 LIENS FILED 32 12 12 56 VIOLATION LETTERS 78 58 32 168 VIOLATIONS NOTED 2 2 7 ~ 11 SIGN REMOVAL 25 28 33 86 TREE INSPECTIONS 0 0 0 0 TOTALS 506 568 488 1,562 MUNICIPAL GOLF COURSE • Total revenue for 15` Quarter: $398,605 o Total Golf Shop Sales for 15` Quarter: $20,807 o Driving Range Revenue for 15` Quarter: $10,140 o Discount Card sales for ls` Quarter: $30,317 o Cart Fees for 1S` Quarter: $146,596 o Golf rounds played for 15` Quarter: 12,500 o Green Fees for 1S` Quarter: $109,374 `~ ~ 10 o Club Rental & Club Storage revenue for 15` Quarter: $1,629, an increase of $39 over Fisca106-07 15t quarter o Computerized Golf Handicap Tracking Fees for 15` Quarter: $5,022, an increase of $414 over Fisca106-07 15` quarter o Rents & Royalties for 151 Quarter: $6,819 o Professional golf lessons for 15` Quarter: $645 o Annual Membership/Initiation fees for 15` Quarter: $67,095 • Charity and Corporate Golf Tournaments for the 1sT Quarter included Central Baptist Church (60 players), Sebastian Elks Lodge (116 players), St. Sebastian Church (90 players), Sebastian River Middle School Band Tournament (44 players), Sebastian Rotary Club (72 players) and Tiki-Bar Open Tournament (74 players) • Charity and Corporate Golf Tournaments scheduled for 2°d Quarter (07-08) include Sebastian River High School Baseball Boosters, Junior Players Tour, Vista Gardens Homeowners Association, Sebastian Eagles Aerie #4067 and Vero Beach First Presbyterian /Habitat for Humanity Tournament. (*Note: The Junior Players Tour is a major national developmental junior tour, which is tracked by numerous college golf coaches throughout the United States.) • 2007 Sebastian Open, one of the premiere amateur golf tournaments for the Sebastian area as well as the tri-county area, scheduled for November 17~' & 18`x, had 92 players compete • Men's restroom in clubhouse repainted. Storage building, located on east side of clubhouse, renovated with new panels and paint • With the winter season approaching, all weekly leagues (including Men's & Ladies Golf Associations, Monday League and Encore League) showing increased play BUILDING DEPARTMENT • The Building Department permitting activity has slowed considerably during the First Quarter of this year. In the month of October there was a surge with 12 new single-family residential permits, but in November, there were only 5 new single-family residential permits and in December there was only 1 new single-family residential permit. Based on past experience, this scenario is somewhat typical with constnzction activity slowing down during the end of year holidays. I remain optimistic that this will soon change with the proposed prof ects that are in the pipeline for site plan approval. • Total building permits issued for the First Quarter include 209 for the. October, 146 for November and 113 for December. Again, this shows evidence of the slowing trend. • The total inspections for the First Quarter included 656 for October, 615 for November and 595 for December. Inspection activity has remained steady. • The Building Department continues to look for ways to improve processes during this slow period. Inspection staff attended continuing education classes in legal aspects of code administration and accessibility at no cost through the Building Officials Association of the Treasure Coast, BOATC. • Contractor licensing activity has diminished. The City Manager made a presentation to Council in November on the issues surrounding Contractor Licensing and recommended to Council that the City no longer sponsor contractor licensing. Council agreed with the recommendation, revised ordinance is to be presented in January. The Building Department will continue to register already licensed contractors that will perform work in the City of Sebastian. 11 I ~j 1 ~Z~ em vt _ w~~ r NQ~ o~ p~~ rs~ ArFNnA TRANSMITTAL Subject: ITT Land Lease at Sebastian Agenda No. ~~.~ ~, D ~~ Municipal Airport Department Origin: M ici al Airport Joseph Griffin ~ j Ap ov for Submittal by: Finance Director: en K lgore • City Clerk: Ms. Sally Maio City Attorney: Mr. Richard Stringer A n er, City Manager Date Submitted: February 5, 2008 For Agenda of: February 13, 2008 Exhibits: 1. Land Lease; 2. ITT ro osal EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED: -0- SUMMARY ITT Corporation was awarded a FAA contract to construct, and maintain, a series of radio navigation towers throughout the United States. These unmanned towers are part of the FAA's next generation in air traffic control. ITT has selected Sebastian Municipal Airport as one of the first stations to be built in the United States. The communication tower will be approximately sixty (60) feet tall. The FAA has classified these stations as a "Navigational Aid" (nav aid) and endorses this lease and subsequent construction by ITT. RECOMMENDED ACTION Move to approve Land Lease between ITT Corporation and the City Of Sebastian. 123 /~ ~ LAND LEASE Lease Number: TBD Facility: ADS-B Radio Station Site Location: Sebastian Municipal Airport ,.P ~. , THIS LEASE, made and entered into `Thi's ~~BD day of F~bruary in the year 2008, by and between the City of Sebastian, whc"s~~ ~ddr'es~ is: .~ F~-, ,~ ~. f ~: .merso~ i~ ano a 3 y::>, ., Hereinafter referr~d~'fo,as the Le~s~~ and ITT~C~rporation hereinafter referred to as ITT, whose a 3 ~ ., k ,~ clg~aie DrT;' Hern~ion,~ ~1irg%nia 20170 ,~.. ~. ; WHEREAS •tf~e~parties und~rstan~~i'and agree that this agreement is taken in support of ,~ ; •-, FAA Contract ~TFAWA-07-C~`flQ0~7, issued to ITT on August 30, 2007. For valuable cor~si~ieration, receipt hereto agree as follows°: 1. PREMISES is hereby acknowledged, the parties The Lessor hereby leases to ITT the following described property located at: LEGAL DESCRIPTION -ADS-B Radio Station Site INTIALS Lessor ITT Page 1 Jd5 (Insert description of final agreed premises and boundaries here.) (a) Together with aright-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining electric power and telecommunication lines to the premises;: and unless herein described otherwise, to be by routes reasonably det~~r~1~d and agreed by the parties. (b) And the right to make alterations to th'e~{eris,~s to support the ITT radio site equipment, after concurrence by f~he,,L~ssor as ~to~the site design details prior . to start of construction and pnar,~i'd~.any alterations during the life of this lease. 2. PUBLIC UTILITIES ITT is responsible for the prc telecommunications serv<< Lessor is not responsible to site. --> -: ~. `}_ 3. TERM , ' ~ ~ - ~1 F :~ ~~ y~,. ~' To have aria,.. to hold sic beginning at'th~.date of~~j r, e,r set firth sf {-z 4 CONSIDERATION .. ~~~. ~: . ,=~~ 4 ision of ar~y ~ d ~(~ =re,quired electnc[_power and/or hto the lea ds~,tw for the term of ~t~i lease. The 'I. ~ yL ~_ ~Qvid:~;c~ny type ~~-„public utilities at or on the leased ~r+~, ~ prem~so's~th thei~° purtenances for the term lease a~rAement, subject to renewal rights, as may Y y '.~3 &aa ~ ~ ~~~ ;> ' .~ >' ITS smell pay the Le-ssor r ~o monetary consideration in the form of rental, it being A, mutu~`. .,agreed that, the r~~}its~~?xtended to ITT herein are in consideration of the obligation~~ assumed by;ITT in rt~s, establishment, operation and maintenance of the ADS B radio station ~a~ilities upon the premises hereby leased. 5. RENEWAL ~~' This lease may be reviewed from year to year at the option of ITT upon the terms and conditions herein specified. ITT's option shall be deemed exercised and the lease renewed each year for one (1) year unless ITT gives the Lessor thirty (30) days written notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond September 30, 2025. 6. RESTORATION INTIALS Lessor ITT Page 2 / ~ !o It is hereby agreed between the parties, that upon termination of its occupancy, ITT shall restore the property which is the subject matter of this lease including removal of structures, equipment, and fencing but excluding foundations and subsurface ducting, cables, and grounding systems. 7. INTERFERENCE WITH RADIO SITE OPERATIONS ~,,,, The Lessor agrees not to erect or allow to be er~cte"d any structure or obstruction on the site or adjioining land within the airport boundaries that may interfere with the proper operation of the facilities ins~cilled by ITT under the terms of this Lease unless consent hereto shall first be sPCUred from ITT in ~~~riting. ITT consent shall not be unreasonably withheld and ITT shc7f support the Less'ar in the evaluation of any potential interference issue. ITT.°consent shall also be~~ntingent upon FAA ~::~. approval, when interference result~`~ in limitations in radio s`tati~n performance within the NAS. ;~, ~ ~',8 8. HAZARDOUS SUBSTANCE ITT agrees to rerdiate, at its ~S~le ~~osf~all hazctr~d©us substance contamination on the leas! pr~rnises,that is f~unci t~ ,have o~~-ur'fed as a direct result of the installation `operation, aalor maintennnce of IT:T s f~ici~(i:~es. The Lessor acji•~~s to sav,>~~c~nd hold ITT harmless for any and all costs, liabilities a~~~or:;°GlGims Ejy.#~hird p~aft~es.that vise'out of hazardous contamination found . or~~~ fif~~e~~ leosed, premises ~r'~~t`~d~ctl~~ ~7tfri'k~utable to the installation, operation dnd/or mainfPrianc~~of.lTT's facilities. '..E 9. Qt~fET ENJOYMENT ;'; ,. 4 .,e The Lessor warrants that tl 7ey f°~~~ve good and valid title to the premises, and rights of in~.~re~s and eg'res,, and warrants and covenants to defend ITT's use and enjoyment a1=said prey ~ rises against third party claims. ~' 10. CONTACT DISPUTES `: This Agreement shall be governed by the laws of the State of Florida, ~^~r~e E~Ecp/~'+ir~n ~f i+c ~TC,i'c r,f Ir-ne, nr,,,,~s~. The parties waive the riaht to trial by jury in any dispute as to any issues involving this agreement. If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remaining provisions of this Agreement shall remain in full force and effect. 11. SUCCESSORS INTIALS Lessor ITT Page 3 o`~ The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. The terms and provisions of this lease and the conditions herein bind ITT and ITT's heirs, executors, administrators, successors, and assigns. 12. NOTICES ~ i:'~ ~ t` ~_ ,,,;s 4 r ~~~ ~~ >.. All notices /correspondence shall be in ~tifi~n~, a~ici hall be addressed as follows (or to such other address as either y~ may de~igf~ate from time to time by notice or correspondence to the ~ ` ~~. ,- TO LESSOR: ` ,<< , ..w ; ;,, (insert app ~ e contra _ ~.~or~5ondence addre.~~' ~~~-~ . ~a y, y is Department, Mr IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as the date above written. INTIALS Lessor ITT Page 4 i~~ THE CITY OF SEBASTIAN Alfred A. Minner, III, City Manager ATTEST: ;, Sally A. ~~1aio, MMC, City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: INTIALS Lessor ITT Page 5 I~-~ l30 Surveillance and Broadcast Services User Benefit Expansion Initiative for Sebastian Municipal Airport (X26) City of Sebastian, Florida ITT Engineered for life December 20, 2008 ITT Corporation Advanced Engineering & Sciences Division 12975 Worldgate Drive Herndon, Virginia 20170 ITT Proprietary Data: This document is intended for use by the airport director and appropriate government agencies in evaluating the merits and benefits of the offer contained herein. Requests for any expanded distribution should be addressed to Mr. Gregory Hughes, SBS Program Contract Manager, ITT AES, 12975 Worldgate Drive, Herndon, VA. 20170 or telephone (703) 668-6270. (~ Surveillance and Broadcast Services -User Benefit Expansion Initiative 1. Background The Surveillance and Broadcast Services (SBS) program represents the Federal Aviation Administration's next generation in air traffic control. The elements of the program include: • Automatic Dependent Surveillance -Broadcast (ADS-B) • Traffic Information Service -Broadcast (TIS-B) • Flight Information Service -Broadcast (FIS-B) A brochure briefly defming these services, as published by the FAA, is included at Appendix A. A fiinctional overview of the SBS concept is included at Appendix B. The SBS program was awarded to ITT Corporation on August 30, 2007. The SBS will be rolled out across the NAS beginning in 2008 and completing in 2013, with service continuing through 2025 under the current support contract. The program is currently scheduled to cover all US en route airspace, 236 major terminal airspaces, and 35 major airport surfaces. This involves approximately eight-hundred SBS ground radio stations deployed across the country. They are connected to regional SBS control stations and a national network operations center. The regional SBS control stations will directly provide air surveillance data to over 275 FAA control facilities and indirectly provide the data to those ATC facilities such as many control towers that receive air surveillance data from another FAA control facility. It is the mutual goal of ITT and the FAA to focus the capability deployment on maximizing user benefits. Greater benefits will accelerate voluntary aircraft equipage and thus accelerate the overall ATC efficiencies and air safety resulting from the SBS capabilities. This is the basis of the initiative described herein. Although all high altitude en route airspace, the major terminals, and some major airport surfaces will be provided SBS coverage under the current FAA contract, future coverage at smaller airports and airport traffic areas will likely be dependent upon state or local funding to procure this service. Airports in several states have already independently contracted for a substantially reduced capability local service and will likely be upgrading their services to full SBS capabilities as the SBS program expands across the NAS. The benefits of the SBS capability, as briefly described in Appendix B, certainly greatly outweigh the cost. However, the procurement and life-cycle support of the capability typically represent a relatively substantial local investment when competing with the multitude of other local projects seeking funding. It is expected that in the coming years hundreds of municipalities will be seeking the funds to procure this SBS service at their airports. Studies related to expanding SBS user benefits have shown that many smaller airports across the NAS could be candidate locations for currently planned SBS radio stations with only minor modifications to the overall SBS deployment architecture. This means that SBS radio stations '~~ ITT Corporation Proprietary Data -See Cover Page Page 1 Surveillance and Broadcast Services -User Benefit Expansion Initiative supporting coverage for currently-funded major terminals and high altitude en route airspace could be physically located on these smaller airports and thus provide full SBS capabilities to the airport at no additional cost to the FAA or local airports. This opportunity does not exist for all local airports since the primary goal is to provide coverage to the major airspace. But, where a coverage model demonstrates that both the major airspace coverage and local airport coverage can be simultaneously achieved, an opportunity for the local airport and their communities exists. This approach improves safety, increases airport capabilities, expands user benefits, and encourages voluntary aircraft equipage without increasing system costs. The alternative to this approach, which is the standard process across the NAS, is to locate the radio stations on existing commercial telecommunication towers away from airports. AT&T, the largest telecommunications provider in the country, is ITT's program partner. The telecommunication tower approach is virtually ideal in that it limits the amount of new infrastructure that must be constructed in support of the SBS capability deployment while providing complete coverage of all major US airspace. However, this approach typically would not provide collateral coverage to the smaller airports and, therefore, it is a very effective approach but not truly ideal. We believe that by working in partnership with candidate local airports we can minimize the cost of new infrastructure related to establishing a radio station on these airports and expedite the local construction authorization processes to ensure that we still meet our service date commitments to the FAA and the aviation community. The result would be improved traffic surveillance and air safety at these local airports without any cost to either the FAA or the local airports. It also provides the most accurate possible aircraft identification and positional data for use in future traffic .flow monitoring, noise abatement and monitoring, flight tracking by air carriers, etc. The SBS radio station establishes the core air surveillance capability, which is paramount to safety and the key ingredient to future airport services expansion. Within the confines of ever-present budget limitations, the positioning of radio stations on candidate local airports becomes a critical initiative to achieve the FAA's mandate to accelerate and expand the user benefits of the SBS system. The execution of this initiative is time-critical since the potential for no-cost coverage at the candidate local airports only exists during the deployment of the regional capability. Once the major airspace is covered by locating radio stations elsewhere, the opportunity is behind us and local airport coverage would require an additional radio station to be funded, installed, and maintained. ITT Corporation is committed to the FAA's vision of expanding the capability benefits within the current budget and is pursuing each of these opportunities with the local airport authorities as the opportunities materialize. ITT Corporation will also wholly support future expansion of coverage to these smaller airports but that expansion would be dependent upon local funding availability. (33 ITT Corporation Proprietary Data -See Cover Page Page 2 Surveillance and Broadcast Services -User Benefit Expansion Initiative 2. Offer of Surveillance and Broadcast Services ITT Corporation has conducted a coverage analysis and determined that the Sebastian Municipal Airport is a candidate for an SBS radio station as part of the core NAS deployment. Specifically, a radio station at Sebastian Municipal Airport could be used to partially service the major airspaces of the Miami en route service volume and Patrick AFB terminal service volume. Since the Miami en route service volume is the first service volume to be deployed, the Sebastian Municipal Airport services will be amongst the first group of sites to be placed into service in the NAS. ITT Corporation proposes to install an SBS radio station on the Sebastian Municipal Airport at no cost to the City of Sebastian. We have met with the airport director and potential sites were identified. The site preferred by the airport director is the site adjacent to the fenced police evidence compound that connects to building No. 11. The site has been evaluated by ITT Corporation and found suitable for an SBS radio station site. A conceptual sketch of an airport radio station site is included as Appendix C. A drawing package defming the location and outlining the proposed parameter for the preferred site will be prepared after an Architecture and Engineering site design visit occurs on December 21St. The site location on the airport layout is included as Appendix D. ITT Corporation proposes to enter into along-term, no-cost lease for the aeronautical equipment site. The lease duration would be consistent with the three FAA SBS program option phases, which extend through FY2016, FY2021, and FY2025. The lease will be specific in its purpose, which is aeronautical-related equipment, specifically the SBS radio station. 'The airport director has provided a draft lease agreement. The applicable lease terms and conditions are currently under review. ITT Corporation will be responsible for the planning, design, building permits, construction, commissioning, and life-cycle maintenance of the site. We propose that the airport management assist where beneficial in acquiring the required local permits and FAA authorizations and streamlining the process to the extent possible. ITT Corporation will provide all required electrical power and telecommunication services to the site. ITT Corporation will assist the Sebastian Municipal airport management and provide any data required in completing any related documentation that must be submitted directly by the airport director to any agency. 3. Schedule The FAA SBS Program for the South Florida region, and most of the United States, is primary established in two capability deployments. The first capability deployment is termed "Essential Services", which provides TIS-B and FIS-B services to aircraft. The second capability l ~ ~ ITT Corporation Proprietary Data -See Cover Page Page 3 Surveillance and Broadcast Services -User Benefit Expansion Initiative deployment is termed "Critical Services", which provides aircraft data to FAA ATC facilities. The Essential Services capability for the Miami en route service volume is scheduled for FAA acceptance testing in May 2008 with Initial Operating Capability (IOC) in August 2008. The target date to have all Miami en route service volume sites operational is March 31, 2008 in order to support service volume system integration testing prior to the acceptance testing. The design of the SBS radio stations allows the stations to support both essential and critical services without modification. Once the initial infrastructure is in place, no further infrastructure is required at the radio station site to support the critical services. Additionally, the interfaces to the FAA facilities for critical service delivery are being established as part of the initial infrastructure deployment to ensure no delays in enabling critical services when directed by the FAA. The activation of the critical services is at the discretion of the FAA and direction to activate the critical services for the Miami en route service volume is forecasted to follow the FAA's established September 2010 critical services in-service date (ISD). Sebastian Municipal Airport Site Activation Schedule Goals: ITT Corporation Proposal Submittal: 20 Dec 07 Sebastian City Council Approval to Proceed: 23 Jan 08 Land Lease Agreed: 23 Jan 08 Site Drawing Complete for Authorized Site: 23 Jan 08 ITT Submit Package for City Permits: 23 Jan 08 Building Permits Approved: 13 Feb 08 FAA Authorizations Received: 13 Feb 08 Construction Start: 25 Feb 08 Construction and Initial Inspections Complete: 10 Mar 08 FCC License in Place: 12 Mar 08 Radio Equipment Installation Complete: 21 Mar 08 Final Inspections Complete: 28 Mar 08 Initial Operating Capability (IOC): 29 Aug 08 We have requested assistance from the FAA program office in interfacing with regional offices and expediting airport requests such as FAA Form 7460 and any other such documents. ITT Corporation Proprietary Data -See Cover Page Page ,35 Surveillance and Broadcast Services -User Benefit Expansion Initiative 4. FAA SBS Contract Overview This paragraph provides a brief overview of the ITT prime contract for informational purposes. The SBS contract was awarded to ITT Corporation on August 30, 2007. The contract term extends through fiscal year 2025 with a current defined value of approximately $1.8 billion. The contract scope includes the SBS system design, deployment, and subscription services support across the United States, including Alaska and Hawaii, and territories in Puerto Rico and Guam. The airspace is divided into 298 defined service volumes; including 27 en route volumes, 236 terminal areas, and 35 airport surfaces. The SBS coverage for these service volumes will require approximately eight-hundred radio station sites, four regional data centers, and a primary and back-up network operations center. The program is divided into two segments, which are identified as segment 1 and segment 2. The contract line item for segment 1 was exercised at contract award and includes approximately 340 of the 800 radio stations, all four of the data centers, and both network operations centers. Segment 2 service volumes, which complete the national roll-out, will be ordered at the time and in the order determined by the FAA with service volume orders commencing in January 2009. The roll-out of the segment 1 infrastructure is scheduled for completion by September 2010 and the segment 2 infrastructure roll-out is scheduled for completion by September 2012. The program duration is divided into three discrete time phases for federal funding reasons. The 1St phase extends from initial deployment of the service volume through September 2016, the 2°d phase extends through September 2021, and the 3`d phase extends through September 2025. ~3~ ITT Corporation Proprietary Data -See Cover Page Page 5 Surveillance and Broadcast Services -User Benefit Expansion Initiative Appendix A Surveillance and Broadcast Services FAA Brochure ITT Corporation Proprietary Data -See Cover Page Page 6 (~ Surveillance and Broadcast Services Traffic Information Service -Broadcast (TIS-B) TIS-B broadcasts surveillance data to equipment in the aircraft and provides ADS-B equipped aircraft with position reports from secondary surveillance sources for non-ADS-B equipped aircraft. Flight Information Service -Broadcast (FIS-B) .- - -- FIS-B Transmits graphical National Weather Service products, Temporary Flight Restrictions (TFRs) and special use airspace information. Automatic Dependent Surveillance -Broadcast (ADS-B) Automatic -Periodically transmits information with Surveillance - A method of determining position of no pilot or operator input required aircraft, vehicles, or other asset _ Dependent -Position and velocity vector are derived Broadcast -Transmitted information available to from the Global Positioning System (GPS) or a anyone with the appropriate receiving equipment Flight Management System (FMS) The ADS-B system is a crucial component of the Next Generation Air Transportation System (NGATS). It provides surveillance and situational awareness simultaneously to pilots and air traffic control facilities. ADS-B is designed to improve the safety, capacity and efficienry of the National Airspace System while providing a flexible expandable platform to accommodate future air traffic growth. = w y45 =4. ` ADS-B provides improved situational awareness with the following information in the cockpit: " l rk Heading Aircraft category Altitude Call sign Speed Distance Capacity and ~` Efficiency Airspace can be better utilized by providing the ca ability for both reduced separation as well as greater predictability in departure and arrival times. Benefits include: • Radar-like separation procedures in remote or non-radar areas, possibly decreasing travel time • Support for common separation standards (horizontal and vertical) in all classes of airspace • Improved ability to manage traffic and aircraft fleets • Improved air traffic controller ability to plan arrivals and departures for aircraft far in advance • Infrastructure necessary to operate the National Airspace System at reduced cost Benefits and Safety ADS-B/TIS-B/FIS-B services provide several new or greatly improved operational capabilities. Service providers will use the new surveillance capability to enable enhanced Air Traffic Control (ATC) services. Users employ the surveillance and broadcast services capability to support flight operations. These services help to prevent accidents by providing increased situational xo >~ awareness to air traffic controllers ~: _ and pilots by providing: • Air-to-air surveillance capability • Surveillance to areas that do not currently have surveillance coverage • Real-time, in-the-cockpit, traffic and aeronautical information (i.e. weather, Temporary Flight Restrictions (TFRs), and special use airspace information) For further information, contact: Amy Durik 202-385-8394 Amy.CTR.DurikC~faa.gov www.adsb.gov 1 ~ 1 /~{0 Surveillance and Broadcast Services -User Benefit Expansion Initiative Appendix B Surveillance and Broadcast Services Functional Overview ITT Corporation Proprietary Data -See Cover Page Page 9 ~ 1 l Surveillance and Broadcast Services -User Benefit Expansion Initiative The starting point for the SBS is the aircraft deriving its position, altitude, speed, and direction through an onboard source. This is typically the global positioning system (GPS) but could be an onboard flight management system (FMS) deriving its flight data through other means. ,~~a . "ter _~ ~ atr~~ ~' _ .y ~" i ~ ~ ITT Corporation Proprietary Data -See Cover Page Page 10 Surveillance and Broadcast Services -User Benefit Expansion Initiative The aircraft then automatically transmit their unique identifier, position, and flight data every second. The SBS uses two discrete frequencies to avoid bandwidth saturation. The aircraft that typically operate at high altitudes carry ADS-B systems that operate at 1090 MHz. The aircraft that typically operate at the lower altitudes, which includes most general aviation aircraft, carry ADS-B equipment that operate at 978 MHz, or universal access transceiver (UAT) frequency. When an aircraft transmits its identifier, position, and flight data, it is received by other aircraft in the vicinity for display on their ADS-B screen and is received by the ground radio station for routing to the FAA control facility display. The sites for the radio station are critical to ensuring that the aircraft's broadcast can be received by ATC. Locating radio stations near airports ensures that aircraft in the airport vicinity are tracked by ATC. Locating radio stations on airports with a good view of the aircraft operating areas also allows surveillance of aircraft on the ground. Radio stations at airports are also imperative to operational safety in that airports are the point in which corporate and commercial aviation coexist to the greatest extent with general aviation. Due to the different operating frequencies, they cannot directly receive each other's position reports. The SBS ground radio station resolves this issue, as explained on the next page. 1090 Aircraft Receive Position Reports f rom Each Other ATC Receives All Position Reports from 565 .-- .--- .~ ~ ~ ~--- t-- a": ,, ` ~/, ~- UAT Aircraft Receive Position Reports f rom Each Other ITT Corporation Proprietary Data -See Cover Page Page 11 (~ 1 ['r Surveillance and Broadcast Services -User Benefit Expansion Initiative Since the SBS radio station receives reports from both the 1090 MHz equipped aircraft and the UAT equipped aircraft, it translates the data and provides the 1090 MHz equipped aircraft information to the UAT equipped aircraft and provides the UAT equipped aircraft information to the 1090 MHz equipped aircraft. Every equipped aircraft knows the position every other equipped aircraft. For example, if the radio station is positioned to receive from all aircraft, an equipped general aviation aircraft preparing for take-off will see an equipped commuter jet on final approach on its display. The commuter jet will also display the general aviation aircraft. ADS-B is a giant leap forward in pilot situational awareness and situational awareness is the key to both air safety and airspace efFciency. 1090 Aircraft r!~ Receive Translated UAT Aircraft Position Reports f rom the 565 ~~ i .`~~~ UAT Aircraft Receive Translated 1490 Aircraft Position Reports from SBS r-- 565 Only Transmits Pertinent Reports ~~~.~: L. f C- f ITT Corporation Proprietary Data -See Cover Page Page 12 Surveillance and Broadcast Services -User Benefit Expansion Initiative The SBS radio station also provides Traffic Information System -Broadcast (TIS-B). The TIS-B function uses target reports from the existing radar infrastructure to provide position reports for non-equipped aircraft to the equipped aircraft. Therefore, if an aircraft is transiting or operating within the airspace but is not equipped with ADS-B, any available data from area radar systems will be transmitted from the radio station to the equipped aircraft and the position of the non- equipped aircraft will be viewable on their displays. 1090 Aircraf t Receive Radar Position Reports for Non-Equipped Aircraftfrom the SBS 'FV~. -. _~~~ , .r._. ~', ,~ w• - ~z<, ~, ~f • .~ UAT Aircraf t Receive Radar Position Reports for Non-Equipped Aircraft from the SBS Radar .; ~"^~a Data .=:~n. ITT Corporation Proprietary Data -See Cover Page Page 13 Surveillance and Broadcast Services -User Benefit Expansion Initiative The SBS radio station also provides Flight Information System -Broadcast (FIS-B). The FIS-B function provides graphical weather data, temporary flight restrictions, special use airspace, etc. The FIS-B service is applicable to UAT equipped aircraft only. It is focused on the general aviation community since corporate and commercial aircraft typically receive these services through their own operations and dispatch centers or paid subscription services. w ~ .~. ~~.. ~- ~~ FIS-B Provides Weather, TFR Data, Etc to UAT Aircraft /„ ITT Corporation Proprietary Data -See Cover Page Page 14 Surveillance and Broadcast Services -User Benefit Expansion Initiative Appendix C Conceptual Airport Site Sketch ITT Corporation Proprietary Data -See Cover Page Page 15 i Surveillance and Broadcast Services -User Benefit Expansion Initiative Note: This is a conceptual site sketch. The position of the tower on the pad and specific locations of the equipment on the pad will vary with the specific site design for each airport. See design drawings for the specific airport for airport- specificradio site details I ~ ~ ITT Corporation Proprietary Data -See Cover Page Page 16 Surveillance and Broadcast Services -User Benefit Expansion Initiative Appendix D Airport Site Location Drawings ITT Corporation Proprietary Data -See Cover Page Page 17 Surveillance and Broadcast Services -User Benefit Expansion Initiative The proposed site location of the SBS radio station site is shown below on the airport layout detail. The exact position and size of the tower and ground equipment is not portrayed. A detailed A&E design drawing will be produced for Sebastian Municipal Airport after an A&E site visit is performed on December 21St . The A&E design drawing will detail the position of radio station compound fence, tower, utility runs, concrete equipment pad and specific locations of the equipment on the pad. ~® o~ Note: This is the proposed location of the SBS radio station site. r ~ i ~olr/S ~ ~'~' ~' T~RMINp ` ~ A1~h7SN= -*- -aodn -~ Ror,~ . ~~_._ - - ------ ITT Corporation Proprietary Data -See Cover Page Page 18 ~~ Effective Date: March 1, 2008 T Y Table of Contents for the Interlocal Agreement Introduction .......................................................................................................................................... Page 1 Section 1 -Definitions ....................................................................................................................... .. Page 3 Section 2 -Committees ...................................................................................................................... .. Page 6 Section 3 -Joint Meetings ................................................................................................................. .. Page 7 Section 4 -Population and Student Enrollment Projections .............................................................. .. Page 8 Section 5 -Annual School Concurrency and School District Educational Facilities Plan Review and Update and School Board Prerogatives .................................................................... .. Page 9 Section 6 -School Site Selection and Site Plan Approval for New Schools ..................................... .. Page 9 Section 7 -School Facility Modification, Closures, Major Additions and Renovations ................... Page 12 Section 8 -Comprehensive Plan Amendments, Re-zonings and Development Approvals............ Page 13 Section 9 - Co-location and Shared Use ............................................................................................. Page 14 Section 10 -General School Concurrency Requirements ................................................................. Page 15 10.1 Overview of School Concurrency 10.2 Required Concurrency Elements and Regulations 10.3 Specific Responsibilities of the Parties Section 11 -School District Educational Facilities Plan .................................................................. Page 17 11.1 School District's Five-Year Facilities Work Program 11.2 Ten and Twenty Year Work Program 11.3 Transmittal 11.4 Final Adoption 11.5 Amendment to the School District's Educational Facilities Plan Section 12 -Annual Updates and Amendments to the School Concurrency Comprehensive Plan Elements and the School District Educational Facilities Plan ............................ Page 19 12.1 Annual Updating 12.2 Amendments 12.3 Unilateral School Board Amendments 12.4 Miscellaneous Comprehensive Plan Matters Section 13 -Establishing and Maintaining Level of Service Standard .............................................. Page 21 13.1 Establishment of School Service Areas (SSAs) 13.2 School Service Area Boundary (SSAB) Modification 13.3 Level of Service (LOS) F:\Community Development\Useis\I,ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31 , 2008.doc ii 13.4 Exemptions 13.5 School Concurrency Regulations Section 14 -School Concurrency Process .......................................................................................... Page 23 14.1 Effective Date 14.2 Review Process 14.3 Students Generation Calculation 14.4 Utilization Determination 14.5 The Three Year Rule 14.6 Adjacent School Service Area Capacity 14.7 Issuance and Term of School Concurrency 14.8 Proportionate Share Mitigation 14.9 Appeal Process Section 15 -Special Provisions .......................................................................................................... Page 29 15.1 School District Requirements 15.2 Land Use Authority Section 16 -Resolution of Disputes ................................................................................................... Page 30 Section 17 -Amendment Process and Term of the Agreement ........................................................ Page 30 Section 18 -Execution in Counterparts .............................................................................................. Page 30 Section 19 -Appendices .................................................................................................................... Page 30 Section 20 -Effective Date ............................................................................................................... Page 30 Signature Pages ........................................................................................................................... Pages 31-36 Appendix "A" -Timeline Schedule ............................................................................................................ 37 Appendix "B" -School Coordination Groups/Activities ................................................................... Page 40 Appendix "C" -School Site Selection Flow Chart ............................................................................ Page 41 Appendix "D" -Indian River County LDR Section 971.14(4) .......................................................... Page 42 Appendix "E" -School Service Area Boundaries ............................................................................. Page 44 Appendix "F" -Student Generation Multipliers ................................................................................ Page 47 Appendix "G" -School Concurrency Review Process Flow Chart .................................................. Page 48 F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc iii Acronyms CIE Capital Improvements Element COC Citizens Oversight Committee COFTE Capital Outlay Full Time Equivalent (students) DRT Development Review Table DOE Department of Education EA Economic Analysis EOOC Elected Officials Oversight Committee ICE Intergovernmental Coordination Element LDR Land Development Regulation LOS Level of Service FISH Florida Inventory of School Houses FS Florida Statute FAC Florida Administrative Code FTE Full Time Equivalent (Students) IAS Impact Assessment Statement MPO Metropolitan Planning Organization SBSSC School Board Site Selection Committee SCADL School Capacity Availability Determination Letter SSA School Service Area SSAB School Service Area Boundary SPTAC School Planning Technical Advisory Committee SWG Staff Working Group SREF State Requirements for Educational Facilities PSFE Public School Facilities Element TRC Technical Review Committee F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC ]nterlocal Agreement -January 31, 2008.doc iv INDIAN RIVER COUNTY INTERLOCAL AGREEMENT FOR COORDINATED PLANNING AND SCHOOL CONCURRENCY This Interlocal Agreement (hereinafter referred to as "Agreement") is entered into between the Indian River County Board of County Commissioners (hereinafter referred to as "County"), the City or Town Council of the Cities of Fellsmere, Sebastian, Vero Beach, and the Town of Indian River Shores (hereinafter referred to as "Cities"), and the School Board of Indian River County, Florida (hereinafter referred to as "School Board"). Not participating in this Agreement is the Town of Orchid. This jurisdiction is not participating in this Agreement because it qualifies for exemption pursuant to the provisions of Section 163.3177(12)(b), Florida Statutes. WHEREAS, the County, Cities, and School Board recognize their mutual obligation and responsibility for the education, nurture and general well-being of the children of Indian River County; and WHEREAS, the Parties are authorized to enter into and update this Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2 and Section 1013.33, F. S.; and WHEREAS, Sections 163.3177(6)(h)1 and 2, Florida Statutes, require each local government as part of its comprehensive plan to adopt an intergovernmental coordination element that establishes principles and guidelines to be used to coordinate the local government's adopted comprehensive plan with the plans of the School Board, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, per Sections 163.31777, 163.3180(13), and 1013.33, Florida Statutes, the County, Cities and School Board must update their Public School Interlocal Agreement; and WHEREAS, Section 163.3180(13), Florida Statutes, requires the County, the Cities and the School Board to adopt a School Concurrency program; and WHEREAS, the County, Cities and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs. These benefits include: (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the School Board, Cities and County through the reduction of student travel times and the placement of schools to take advantage of existing and planned roads, water lines, sewer lines and parks, (3) improved student access and safety through coordination of school construction with local government road and sidewalk construction, (4) better location and design of schools so that they serve as community focal points, (5) improved location and design of schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, and (6) better location of new schools and expansion and rehabilitation of existing schools in order to reduce pressures contributing to urban sprawl; and WHEREAS, the County, Cities and School Board have further determined that it is necessary and appropriate for the entities to cooperate with each other to provide adequate public school facilities in a timely manner and at appropriate locations, to eliminate any deficit of permanent student stations, and to provide capacity for projected new growth; and WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and land development regulations of the appropriate local governing body; and WHEREAS, Section 163.3180(13)(g), Florida Statutes, requires that, prior to establishing a School Concurrency program, the County, Cities and School Board adopt an Interlocal Agreement for School Concurrency to satisfy Sections 163.31777 and 163.3180 (13)(g), Florida Statutes; and WHEREAS, the County and Cities, also known as the "Local Governments," and School Board are entering into this Agreement in order to satisfy the requirement in Section 163.3180(13)(g)(4), Florida Statutes, that the agreement establish a process for the preparation, amendment, and joint approval by the Parties of a financially feasible capital facilities program that will result in public schools operating at the adopted level of service consistent with the timing specified in the School District's Five-Year Facilities Work Program, and the School Board's further commitment to update and adopt the plan yearly to add enough capacity in the new fifth year to address projected growth and to adjust the plan in order to maintain the adopted level of service and to demonstrate that the utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs and court-approved desegregation plans, as well as other factors, pursuant to Section 163.3180 (13)(g)(5) and 1013.35, Florida Statutes; and WHEREAS, the County and School Board had a "Memorandum of Understanding" for joint review of new school sites and joint review of school site plans from 1986 until it was superseded by an Interlocal Agreement in 2003; and WHEREAS, the County, Cities and School Board have mutually agreed that coordination of school facility planning and comprehensive land use planning is in the best interests of the citizens and students of Indian River County; and WHEREAS, to achieve such coordination, Section 163.3180(13)(b)1, Florida Statutes, requires that the Parties "establish jointly adequate level of service standards" to be applied in implementing school concurrency, and Section 163.31777(2)(a), Florida Statutes, requires that the Parties "agree and base their plans on consistent projections of the amount, type, and distribution of population growth and 'student enrollment;" and WHEREAS, the County has jurisdiction for land use and growth management decisions within its unincorporated boundaries and the Cities have similar jurisdiction within their boundaries; and WHEREAS, the School Board has the responsibility to make the best use of public school facilities to ensure a free and adequate public education to the residents of Indian River County; and WHEREAS, the County, Cities and School Board agree that they can better fulfill their respective responsibilities by working in close cooperation to ensure that adequate public school facilities are available for the residents of Indian River County; and WHEREAS, the School Board, is entering into this Agreement in reliance on the obligation of the County and Cities to adopt amendments to their local comprehensive plans to impose School Concurrency as provided in Section 163.3180(13), Florida Statutes; NOW, THEREFORE, be it mutually agreed that the County, the School Board and the Cities, (hereinafter referred to collectively as "Parties") hereby enter into this Agreement, and that the following procedures and requirements will be followed and met to establish School Concurrency and to coordinate land use and public school facilities planning: F:\Community Development\UsersU,ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 2 Section 1 Definitions Adjacent School Service Areas: School Service Areas which touch each other along at least one side of their outside boundary. Attendance Boundary: The geographic area that identifies public school assignment, subject to the authority of the School Board to make exceptions regarding specific student assignments as allowed or required by law. Available School Capacity: School Capacity deemed available for a Proposed Residential Development in a School Service Area in accordance with Section 14.4 herein. Cities: All municipalities in Indian River County except those that are exempt from the Public School Facilities Element, pursuant to Section 163.3177(12), F.S. Citizens Oversight Committee (COC): See Section 3.4. Class Size Reduction: A provision to ensure that, by the beginning of the 2010 school year, there are a sufficient number of classrooms in a public school so that: 1. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for pre-kindergarten through grade 3 does not exceed 18 students; 2. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 4 through 8 does not exceed 22 students; and 3. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 9 through 12 does not exceed 25 students. Comprehensive Plan: A plan of a Local Government that meets the requirements of F.S. 163.3177 and 163.3178, Florida Statutes. Core Capacity: The number of students that can be accommodated in a school facility based on the size of core facilities, irrespective of classroom space. Core Facilities include the media center, cafeteria, gymnasium, toilet facilities, and circulation space of an educational facility. Core Capacity shall take into account the requirements of Class Size Reduction and the educational program requirements imposed by law and by policies of the School Board. Developer: Any person, including a governmental agency, undertaking any development. Development: The physical activity of constructing one or more buildings. Development Order: Any order granting, or granting with conditions, an application for a Development Permit. Development Permit: Any amendment to the text of a Local Government's Land Development Code or Official Zoning Map (rezoning), conditional use, special use, planned development, site plan/final subdivision plan, subdivision, building permit, special exception, preliminary plat, plat, comprehensive plan or any other official action of a Local Government having the effect of permitting the development of land F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\1LA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 3 or the specific use of the land for Residential Development. Educational Facility: The public buildings and equipment, structures and special educational use areas of a school that are built, installed or established to serve educational purposes, as defined in Section 1013.01(6), Fla. Stats. Educational Facilities Plan: The School District's annual comprehensive capital planning document that includes a long range plan for facility needs over afive-year, ten-year and twenty-year planning horizon. Education Plant Survey: a systematic study of present educational and ancillary plants and the determination of future needs to provide appropriate educational programs and services for each student based on projected capital outlay FTE's approved by the Department of Education. Elected Officials Oversight Committee (EOOC): See Section 3.3. Exempt Local Government: A municipality which is not required to participate in school concurrency when meeting all. the requirements for having no significant impact on school attendance, pursuant to Section 163.3177(12)(b), F.S. Florida Statutes. Fall FTE: A fall semester count of all "full-time equivalent" students, pursuant to Chapter 1011.62, Florida Statutes. Financial Feasibility: A determination that sufficient revenues are available to meet projected costs of projects within the School District Five Year Facilities Work Program. For the first 3 years, funds will be available from committed funding sources. For years 4 and 5, funds will be available from committed or planned funding sources. Florida Inventory of School Houses (FISH) Capacity: The number of students that may be housed in a facility in accordance with the State Department of Education. The capacity, with respect to a particular school, may reasonably be modified by the School District to accommodate "special considerations" as set out in the definition of "Maximized Utilization", including special programs for which 100% of FISH capacity is prohibited legally or is educationally unsound as determined by the School District. Impact Assessment Statement: A report evaluating the effect that a proposed new school will have on municipal services and facilities and the effect that a proposed new school will have on adjacent and nearby properties. An Impact Assessment Statement shall include a review of the criteria within Section 6.5 of this agreement. Level of Service (LOS): The comparison of public school enrollment to School Capacity in a given School Service Area. Level of Service (LOS) Standard (schools): The adopted, maximum acceptable percentage of school utilization within a School Service Area. Level of Service is determined by dividing the total number of students for all schools of each type (elementary, middle and high) in each School Service Area by the total number of Permanent Student Stations for that Type of School in each School Service Area as provided in Section 13.3 herein. Local Governments: The County, the towns, and the Cities in Indian River County. Local Enrollment Forecast: Enrollment projection prepared by the school board staff or their representative. It F:\Community Development\UsersU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 4 may include an analysis of school by school cohort trends, county-wide housing and demographic trends, the most recent DOE Capital Outlay Full Time Equivalent (COFTE) forecast, boundary changes, and program changes. Maximized Utilization: The use of Student Capacity at each school, to the greatest extent possible, based on the Level of Service Standard and the total number of Permanent Student Stations according to Student Capacity taking into account special considerations such as, Core Capacity, Program Capacity transportation costs, geographic impediments, court ordered desegregation, and requirements to prevent disparate enrollment levels between the same Type of School and provide an equitable distribution of student enrollment district-wide. Party: A government that has signed this Interlocal agreement. This includes the Indian River County Board of County Commissioners, City or Town Council of the Cities of Fellsmere, Sebastian, Vero Beach, and the Town of Indian River Shores, and the School Board of Indian River County. Permanent Classroom: An area within a school that provides instructional space for the maximum number of students assigned to a teacher, based on the constitutional amendment for class size reduction and is not moveable (including classroom additions which have received covered walkways and technology upgrades). A Permanent Classroom includes any temporary classroom if it meets the standards for long- term use pursuant to Section 1013.20, Florida Statutes Permanent Student Station: The floor area in a permanent classroom required to house a student in an instructional program (100% of FISH Capacity). Program Capacity: The capacity of a school once Core Capacity and the space needs for programs including, but not limited to, English as a Second Language (ESOL), and other special programs, such as programs for the emotionally handicapped, autistic and varying exceptionalities, have been addressed. Proportionate Share Mitigation: A developer improvement or contribution identified in a binding and enforceable agreement between the Developer, the School Board and the Local Government with jurisdiction over the approval of the Development Order to provide compensation for the additional demand on deficient public school facilities created through the Proposed Residential Development, as set forth in Section 163.3180(13)(e), F.S. Florida Statutes. Proposed Residential Development: Any application for new Residential Development, or any amendment to a previously approved Residential Development, which results in an increase in the total number of housing units. Public Schools Facilities Components: Collectively, the Public Schools Facilities Element, the School District Educational Facilities Plan, the Amended Intergovernmental Coordination Element, the Amended Capital Improvements Element, and the School Interlocal Agreement. Residential Development: Any development that is comprised of dwelling units, in whole or in part, for permanent human habitation. School Attendance Zone: The area enclosed by Attendance Boundaries. School Board: The governing body of the Indian River County School District, a body corporate pursuant to Section 1001.40, Florida Statutes, and Article IX §4, Florida Constitution. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 5 School Capacity: FISH Capacity, as may be adjusted annually, by the School Board and included in the School District Five-Year Facilities Work Program. School District: The school district for Indian River County created and existing pursuant to Section 4, Article IX of the State Constitution. School Capacity Availability Determination Letter: A letter prepared by the School District, identifying whether there is Available School Capacity to serve a Proposed Residential Development project, and if capacity exists whether the Proposed Residential Development is conceptually approved or vested. School District Five-Year Facilities Work Program: The School District's Five-Year Work Plan and Capital Budget as authorized by Section 1013.35 Florida Statutes. Staff Working Group (SWG): See Section 3.2. School Service Area: A geographic area (established and modified as provided in Section 13.1 and 13.2 herein) in which the Level of Service is measured when an application for a Proposed Residential Development is reviewed for school concurrency purposes. School Service Area Boundary: The extent of a School Service Area School Board Site Selection Committee (SBSSC): A standing committee consisting of at least five members, appointed by the Board. The SBSSC conducts a search for one or more new school sites as directed by the School Board and recommends one or more school sites be reviewed by the School Planning Technical Advisory Committee. After due consideration of comments from the School Planning Technical Advisory Committee, the SPSSC sends a recommendation to the Superintendent who in turn sends a recommendation to the School Board. School Planning Technical Advisory Committee (SPTAC): See Section 3.1. Spot Survey: An update to the Educational Plant Survey, based on new information or a change in circumstance. Temporary Classroom: A movable classroom facility. Type of School: Schools providing the same level of education, i.e. elementary, middle or high school. Utilization: The comparison of the total number of students enrolled to the total number of Permanent Student Stations (FISH) for a public school a facility within a School Service Area. Vesting: The act of reserving capacity within state mandated concurrency categories, which include: sanitary sewer, potable water, solid waste, recreation, transportation, drainage, and public schools. For Public Schools, capacity is reserved for students projected to be generated from residential developments approved after implementation of school concurrency. Section 2 Committees The following committees are hereby established. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 6 2.1 A Staff Working Group (SWG), consisting of the Indian River County Community Development Director, the Indian River County Planning Director, the Planning or Community Development Director or City Manager of the Cities of Sebastian, Vero Beach, and Fellsmere, the Town of Indian River Shores, the Indian River County School District's Assistant Superintendent for Planning and Operations, and the Indian River County School District's Director of Facilities Planning and Construction. 2.2 An Elected Officials Oversight Committee (EOOC), consisting of the County Commission Chairman, the Mayors of Vero Beach, Sebastian, Indian River Shores and Fellsmere, the Regional Planning Council Chairman, and the School Board Chairman. 2.3 A School Planning Technical Advisory Committee (SPTAC), consisting of representatives from the following agencies: (a) Planning Director from the Indian River County Planning Division and, if applicable, any affected Cities' City Planning or Community Development Director, City Manager or designated staff person; (b) County Engineer from the Indian River County Engineering Division and, if applicable, any affected Cities' City Engineer; (c) County Traffic Engineer from the Indian River County Traffic Engineering Division and, if applicable, any affected Cities' Traffic Engineer or Public Works director; (d) MPO Director from the Indian River County Metropolitan Planning Organization (MPO); (e) Assistant Superintendent for Planning and Operations from the Indian River County School District; (f) Director of Facilities Planning and Construction from the Indian River County School District; (g) Director from affected water and sewer utility providers; (h) Director of the Indian River County Parks and Recreation Department and, if applicable, any affected Cities' Park and Recreation Director; and (i) County Sheriff and, if applicable, any affected City's Police Chief. 2.4 A citizen oversight committee consisting of six (6) citizens appointed by the School Board, the County, the Town of Indian River Shores, and Cities of Fellsmere, Sebastian and Vero Beach. Each jurisdiction or entity shall appoint one member. Section 3 Joint Meetings 3.1 The School Planning Technical Advisory Committee (SPTAC) shall, at a minimum, meet in accordance with Section 6 of this Agreement at the School Board Administration Building, unless re- located by agreement). The SPTAC shall review site selection proposals and site plans for new schools and major renovations. The School District Director of Facilities Planning and Construction will F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 7 coordinate with the County Planning Director, who will jointly be responsible for making meeting arrangements and providing written notification at least seven (7) days prior to the meeting. 3.2 The Staff Working Group (SWG) shall, at a minimum, meet twice a year (1St week of February and 3`s week of March each year in accordance with the Timeline Schedule (Appendix A) at the County Administration Building, unless re-scheduled by agreement) to set direction, formulate recommendations, review population and student projections, and discuss issues regarding coordination of land use and school facility planning, including such issues as development trends, school needs, co- loration and joint use opportunities, on-site or off-site infrastructure improvements (e.g. roads, sidewalks and bikeways) needed to support schools and ensure safe student access, and the school concurrency process, including such issues as School Capacity and Level of Service Standards, school service area boundaries, and student generation multipliers. For consistency, student generation multipliers shall not be updated yearly but shall be re-evaluated on a periodic basis and updated to reflect long term trends. The SWG will also be responsible for preparing an annual assessment report on the effectiveness of the school concurrency system by March 1St of each year. The County Planning Director will be responsible for making meeting arrangements and providing written notification at least seven (7) days prior to the meeting. 3.3 The Elected Officials Oversight Committee (EOOC) shall, at a minimum, meet every year (2nd week of July each year in accordance with the Timeline Schedule (Appendix A) at the County Administration Building, unless re-scheduled by agreement). The meetings will be opportunities for representatives of the County Commission, the City Councils, and the School Board to set direction, discuss issues, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off-site improvements, and joint use opportunities. The County Planning Director will be responsible for making meeting arrangements and providing written notification at least seven (7) days prior to the meeting. 3.4 The Citizens Oversight Committee (COC) shall, at a minimum, meet annually (1st week of April) in accordance with the Timeline Schedule (Appendix A) to evaluate and provide input on public school planning and other school concurrency issues and activities. The County Planning Director will be responsible for making meeting arrangements and providing notification at least seven (7) days prior to the meeting. Section 4 Population and Student Enrollment Projections 4.1 Population Projections: By January 31St of each year, County staff shall provide School District staff with population projections by TAZ (traffic analysis zones). The SWG will meet in accordance with the Timeline Schedule (Appendix A) to consider these projections and to discuss and agree on population projections. 4.2 The School District shall use the Department of Education (DOE) countywide student enrollment projections or a "Local Enrollment Forecast" approved by the School Board in preparing the School District's Educational Facility Plan. The School Board may request that the DOE projections be adjusted to reflect the development trends and enrollment as measured by the Local Enrollment Forecast. In order to use the Local Enrollment Forecast instead of the DOE projections, the School Board must receive a waiver from the DOE. In formulating such a request, the School Board will coordinate with the Local Governments regarding future populations and growth. The School Board will inform the Local Governments of action taken by DOE on any such request. F:\Community Development\UsersU,ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 8 4.3 The Staff Working Group will meet in accordance with the Timeline Schedule (Appendix A) to review, adjust if needed, and approve the School Board staff's allocation of projected student enrollment into School Service Areas. 4.4 The student enrollment projections and their allocation to School Service Areas will be included in the school concurrency assessment report provided to the County and Cities each year as specified in the Timeline Schedule (Appendix A) of this Agreement. Section 5 Annual School Concurrency and School District Educational Facilities Plan Review and Update and School Board Prerogatives 5.1 The County, Cities, and School District shall follow the Timeline Schedule included as Appendix A of this Agreement in annually reviewing and updating school concurrency and the School District Educational Facilities Plan. 5.2 School Board Prerogatives. (a) Notwithstanding any provisions in this Agreement to the contrary, including Section 5.1 above, the Parties agree that the School Board shall have sole discretion, and hence consensus among the Parties shall not be required, on the following matters: (1) The costs (not borne by any Local Government) and revenues that establish the economic feasibility of planned facilities contained in the School District Five-Year Facilities Work Program and the School District Capital Improvements Schedule. (2) Attendance Boundaries modified for the following limited purposes: i. Any acquisition of land or construction of new school facilities that has been undertaken in compliance with Section 6 herein and that is consistent with the School District Five-Year Facilities Work Program, the applicable Comprehensive Plan(s) and the applicable Land Development Regulations. ii. Any addition to or renovation of or closure of an existing school facility that is either exempt from or has been undertaken in compliance with Section 7 herein and that is consistent with the School District Five-Year Facilities Work Program, the applicable Comprehensive Plan(s) and the applicable Land Development Regulations. Section 6 School Site Selection and Site Plan Approval for New Schools 6.1 When the need for a new school is identified in the School District Educational Facilities Plan, the School Board shall direct the School Board Site Selection Committee (SBSSC) to notify the County Administrator, the County Planning Director, a potentially affected City's City Manager or City Mayor, and SPTAC in writing that it is looking for a school site in a particular location or area. The SBSSC may provide the SPTAC with a list of two or more potential sites for evaluation as provided in Section 6.2 below. Alternatively, the SBSSC may select a single site for evaluation by the SPTAC if the staff of the affected jurisdiction (County or City) has determined that the site is consistent with its Comprehensive Plan and Land Development Regulations, and is justified under the criteria of Section 6.5 below. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\1LA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 9 6.2 On or before the date that any option contract has been executed for purchase of a new school site, the SBSSC, through the School District Director of Facilities Planning and Construction, shall notify the County Planning Director and, if applicable, City Planning or Community Development Director, City Manager, or designated City staff person of a potential site purchase. Upon receiving such notice and a written request, accompanied by site information, from the SBSSC, the County Planning Director and the School District Director of Facilities Planning and Construction shall jointly schedule a SPTAC meeting to be held within 14 days. The SPTAC shall meet and evaluate the proposed school site(s) under the criteria of Section 6.5 below and, if two or more sites are under consideration, rank them. The SPTAC shall submit a report and recommendation on site selection to the SBSSC within 30 days of the SPTAC meeting. 6.3 The SPTAC shall complete an Impact Assessment Statement (IAS) and prepare an Economic Analysis (EA) for any proposed school site. The IAS shall incorporate the required Section 1013.33, Florida Statutes, review regarding consistency of the proposed school site(s) with the applicable Comprehensive Plan and the criteria of Section 6.5 below. Where a site plan has been prepared for development of a proposed site, the EA shall, at a minimum, identify potential on-site and off-site improvements for the type of facility proposed, the estimated costs associated with these improvements, if such estimates are available, and the entity responsible for the cost. Identification of specific required improvements and responsibilities for providing, operating, and maintaining improvements shall be addressed at the time of site plan review, as specified in Section 6.6 below. 6.4 The SPTAC shall provide the IAS report, the EA report and the site plan evaluation (if a site plan is submitted for review), and, if multiple sites are submitted for review, the ranking list to the SBSSC. Using that information, the SBSSC shall make a final recommendation to the Superintendent on site selection. The Superintendent will then review the SBSSC recommendation and send an option contract to the School Board for consideration. If the School Board authorizes acquisition of the selected site, the School Board shall notify the County and each affected City in writing when the site has been purchased. 6.5 The following criteria will be considered by the SPTAC, the School Board, and the Local Government(s) when evaluating a potential school site: (a) Potential to accommodate the projected additional student population by expanding or rebuilding existing schools instead of building a new school. (b) Consistency of the proposed site with any Court-ordered school desegregation mandate. (c) Consistency of the proposed new site with the applicable county and/or municipal Comprehensive Plan. If the proposed site is not consistent with the applicable Comprehensive Plan(s) the appropriate process under which the School Board may request an amendment to the applicable Comprehensive Plan shall be provided. (d) Extent to which the proposed site provides a logical focal point for community activities and serves as the cornerstone for innovative urban design standards, including opportunities for shared use and co-location of community facilities (e) Extent to which an elementary or middle school can be located internal to residential neighborhoods and discouraged from locating adjacent to major arterial roadways. F:1Community Development\UsersU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc ]0 (f) Extent to which an elementary school can be located within reasonable walking distance of dwelling units served by the schools. (g) Extent to which a high school can be located on the periphery of residential neighborhoods, near thoroughfares so as to discourage traffic along residential streets in residential subdivisions. (h) Extent to which the proposed school site is compatible with present and projected uses of adjacent property and capable of accommodating buffers necessary to shield adjacent residences from school driveways, school drop-off and pick-up areas and school playgrounds. (i) Extent to which the proposed school site encourages community redevelopment and revitalization, provides efficient use of existing infrastructure, and discourages urban sprawl. (j) Extent to which the proposed site's acquisition and development cost is affected by the proposed location. (k) Extent to which the proposed school site provides safe access to residential neighborhoods by pedestrians and vehicles. (1) Extent to which the proposed school is served by adequate public facilities and services to support the school, or the extent to which adequate public facilities and services will be available, concurrent with the impacts of the school. (m) Extent to which the proposed school site contains no significant environmental constraints that would preclude development of a public school on the site. (n) Extent to which the proposed school will have no adverse impact on archaeological or historic sites listed in the National Register of Historic Places or designated by the affected local government as locally significant historic or archaeological resources. (o) Extent to which the proposed school will be located on well drained soils which are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. (p) Extent to which the proposed school site is not in conflict with local government stormwater management plans or watershed management plans. (q) Extent to which the proposed school site is not within a floodway as delineated in the affected comprehensive plan. (r) Extent to which the proposed school site is large enough to accommodate the required parking, circulation, and queuing of vehicles onsite. (s) Extent to which the proposed school site lies outside the area regulated by Section 333.03, F.S., regarding the construction of public educational facilities in the vicinity of an airport. (t) Extent to which the proposed school can serve as an emergency shelter by being built according to the appropriate standards and requirements that make it an appropriate emergency shelter. F:\Community Development\UsersU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IIiC Interlocal Agreement -January 31, 2008.doc 11 (u) Extent to which the proposed school, if it is to be located in the unincorporated County, can meet the requirements of the County's Land Development Regulations Section 971.14(4) (Appendix «D„). 6.6 No school site shall be developed without SPTAC approval. However, SPTAC approval will not be unreasonably withheld in unreasonable disregard of the School Board's Educational Facilities Plan, program requirements, Five-Year Facilities Work Program, and the criteria set forth in Section 6.5 above. In conjunction with the School Board's approval of a new school site and planning for site development, the School Board and affected Local Government(s) will jointly determine the need for and timing of on-site and off-site improvements necessary to support each new school. To aid in making such determination, the School Board shall submit a site plan of the new school for review and approval by the SPTAC. Prior to the SPTAC review, the affected jurisdiction may coordinate with School District staff and perform its own technical review of the site plan. The SPTAC shall notify the School District in writing of its action, together with approval conditions relating to the timing and responsibility for construction, contributions toward construction, and operation and maintenance of required on-site and off-site improvements. Section 7 School Facility Modification, Closures, Major Additions, and Renovations 7.1 The School Board shall notify the SPTAC, the County, and appropriate Cities of any proposed closure, major addition to (expansion of 10% or more) or other major renovation of an existing school that increases or decreases the school's capacity by 10% or more, or increases the school's total building square footage by 10% or more. Major renovations shall include projects that change traffic circulation, reduce building setbacks or buffers, or increase existing building heights by 10% or more. 72 The SPTAC shall review any proposed school closure, major addition or major renovation for consistency with the Comprehensive Plan, and compliance with Land Development Regulations relating to: (a) Building setbacks (b) Building orientation and articulation (c) Building height (d) Buffers (e) Signs (f) Vehicle and pedestrian circulation and infrastructure 73 The School Board shall submit a site plan of the major addition or renovation for review and approval by the SPTAC. Prior to the SPTAC review, the affected jurisdiction may coordinate with School District staff and perform its own technical review of the site plan. The SPTAC shall notify the School District in writing of its action, including approval conditions. Approval conditions shall address the timing and responsibility for construction, operation, and maintenance of required on-site and off-site improvements, including responsibility for bearing the costs of the improvements. 7.4 In no event shall the School Board undertake any addition to or renovation of an existing school facility that is inconsistent with the applicable Comprehensive Plan(s) or Land Development Regulations, as F:\Community Development\UsersU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 12 such relates to public schools, and comparatively minor inconsistency shall be waived pursuant to a balancing of competing governmental interests test. Section 8 Comprehensive Plan Amendments, Rezonings, and Development Approvals 8.1 The County and each of the Cities will appoint a School Board representative, designated and approved by the School Board, to serve as a nonvoting member on their local planning agency. The School Board representative will be provided with an agenda and back-up materials for meetings, and invited to attend meetings and/or provide comments to the County and City planning agencies. 8.2 Notwithstanding the School Impact Analysis required to be furnished to the School District under Section 14.2 herein, the County or City in which a project, or group of projects, is located shall notify the School Board's Director of Facilities Planning and Construction within 15 days of the submittal of any pre-application or formal application for a Proposed Residential Development project, or group of projects in the same area and shall inform him/her of the location where the subdivision plan or site plan can be reviewed. The School District shall have the opportunity to review and provide recommendations on all such applications and any other Development Orders that may have an impact on Available School Capacity and the School District Five-Year Facilities Work Program. To ensure that the School District is provided timely notice of all such applications, the County and the Cities will continue to send agendas for preapplication conference meetings, Technical Review Committee (TRC) meetings, Planning and Zoning Commission (Local Planning Agency) meetings, and Board of County Commissioners meetings to School Board representatives. County and City planning staffs shall, upon request, provide the School Board additional supporting documents. School District comments on a proposed development project shall be sent to the Local Government staff and forwarded to the project applicant for his/her response. To implement an effective school concurrency system, the Parties agree that the School District must also be afforded the opportunity to review and provide timely findings and recommendations to the County and the Cities on proposed amendments to their respective Comprehensive Plans that may not otherwise be adequately addressed above. The County and the Cities therefore agree to give the School Board written notification of meetings and hearings for residential Comprehensive Plan amendments that may affect student enrollment, enrollment projections, or school facilities or in any other way affect Available School Capacity. This notice requirement applies to comprehensive plan amendments, re- zonings, developments of regional impact, and other major residential or mixed-use development projects, to the extent not already covered above, and notice will be provided to School District staff. 8.3 The School Board shall appoint a representative to serve on, or provide comments to, the County's Technical Review Committee (TRC). The School Board representative will receive notice in the same manner as other Technical Review Committee members. In addition, the School Board representative will be invited to participate in the Cities' development review committees when development and redevelopment proposals are submitted which could have a significant impact on student enrollment or school facilities. 8.4 In reviewing and approving Comprehensive Plan amendments and development proposals, the County and Cities will consider the following issues, as applicable: (a) The compatibility of land uses adjacent to existing schools and reserved school sites. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL [RC Interlocal Agreement -January 31, 2008.doc 13 (b) The co-location of parks, recreation and community facilities in conjunction with school sites. (c) The linking of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks. (d) The targeting of community development improvements in older and distressed neighborhoods near schools. (e) The development of traffic circulation plans to serve schools and the surrounding neighborhood, including any needed access improvements, sidewalks to schools, off-site signalization or safety-related signage. (f) The location of school bus stops and turnarounds in new developments. (g) The consideration of private sector action to identify and implement creative solutions to developing adequate school facilities in residential developments. (h) The consideration of School District comments on comprehensive plan amendments and other land-use decisions. (i) The availability of existing permanent school capacity or planned improvements to increase school capacity, in accordance with applicable school concurrency policies and requirements. 8.5 In formulating neighborhood plans and programs and reviewing residential projects, the County and the Cities will consider the following: (a) Encouraging developers or property owners to provide incentives to the School District for building schools in their neighborhoods. These incentives may include, but not be limited to, donation and preparation of site(s), acceptance of stormwater run-off from future school facilities into development project stormwater management systems, reservation or sale of school sites at pre- development prices, construction of new school facilities or renovation to existing school facilities) and provision of transportation alternatives. (b) Scheduling County and City programs and capital improvements that are consistent with and meet the capital needs identified in the School District's school facilities plan. (c) Providing school sites and facilities within existing and planned neighborhoods. Section 9 Co-location and Shared Use 9.1 Co-location and shared use of facilities are important to both the School District and Local Governments. When preparing its Educational Facilities Plan, the School District will look for opportunities to co-locate and share use of school facilities and civic facilities. Likewise, co-location and shared use opportunities shall be considered by each Local Government when updating its Capital Improvements Element and when planning and designing new or renovating existing community facilities. For example, opportunities for co-location and shared use will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers and stadiums. In addition, co-location and shared use of school and governmental facilities for health care and social services will be considered where applicable. F:\Community Development\Usets\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 14 9.2 For each instance of co-location and shared use, the School Board and the affected Local Government shall enter into a separate agreement addressing legal liability, operating and maintenance costs, facility use, facility supervision and any other issues that may arise from co-location. Section 10 General School Concurrency Requirements 10.1 Overview of School Concurrency (a) This Agreement establishes a public school Concurrency system consistent with the requirements of Sections 163.3177 and 163.3180, Florida Statutes. (b) The Parties agree that the timely delivery of adequate public school facilities at the adopted Level of Service Standard requires close coordination among the Parties at the level of land use planning, development approval, and school facility planning. Further, the Parties agree that new school facilities should be planned for and provided in proximity to those areas planned for residential development or redevelopment. Further, the School Board shall review and provide a determination on all applications for Development Orders that may have an impact on Available School Capacity and the School District Five-Year Facilities Work Program. (c) The Parties agree that, within the County's jurisdiction and each City's jurisdiction, residential Development Orders may be issued only if School Capacity is available in public school facilities at the Level of Service specified in this Agreement. A determination of whether there is Available School Capacity to serve a Proposed Residential Development shall be made by the School Board, consistent with the adopted Level of Service Standard. 10.2 Required Concurrency Elements and Regulations (a) Comprehensive Plan Amendments -The Parties represent and agree that, as of the date of execution of this Agreement, the Parties reached consensus as to the general school Concurrency related content to be included in each jurisdiction's Capital Improvements Element, Intergovernmental Coordination Element, and Public School Facilities Element, and the County and the Cities agree to adopt the following Comprehensive Plan amendments no later than March 1, 2008: 1. A Public School Facilities Element (PSFE) consistent with the requirements of Section 163.3180 Florida Statutes and this Agreement. 2. An Amended Intergovernmental Coordination Element as required by Section 163.3177(6)(h)1 and 2., Florida Statutes, and this Agreement. 3. An Amended Capital Improvements Element that includes the most recent School District Capital Improvements Schedule as required by Section 163.3180(13)(d), Florida Statutes. (b) Amendments to Land Development Regulations -- When the Comprehensive Plan amendments adopted as provided in paragraph (a) above become effective, the County and Cities shall, pursuant to ordinance, adopt required school concur ency provisions into their Land Development Regulations (LDRs), effective July 1, 2008. As an alternative to adopting its own version of school Concurrency LDRs, any City may elect under its School Concurrency Ordinance (and any cooperative agreement it may enter into with the County) to either (a) incorporate by reference or (b) be bound by the relevant provisions of the School Concurrency Ordinance adopted by the F:\Community Development\UsersU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 15 County. The failure of any City to adopt a School Concurrency Ordinance effective July 1, 2008 shall result in the City being bound by the School Concurrency Ordinance adopted by the County until the City "ops out", as more fully provided in Section 13.5 herein. 10.3 Specific Responsibilities of the Parties (a) When the comprehensive plan amendments adopted in accordance with this Agreement become effective, the County and Cities shall undertake the following activities: 1. Withhold issuance of any site specific Development Order for Proposed Residential Developments not exempted under Section 13.4 of this Agreement until the School District has reported in writing that there is Available School Capacity to serve the development under review or that the applicant for the development has entered into a Proportionate Share Mitigation agreement, as defined in Section 1 hereof. 2. Share information with the School District regarding population projections, school siting, projections of development and redevelopment for the coming year, infrastructure required to support public school facilities, and amendments to future land use plan elements. 3. Maintain data for approved new Residential Developments (other than developments that are exempt from the school concurrency requirements under Section 13.4(a)4 herein on account of age limitations). The data shall be provided to the School District on a quarterly basis and shall include, at a minimum, the following: a. Development name and location b. Total number of dwelling units by unit type (single-family, multi-family, etc.) c. Impact fee calculation d. Total number of dwelling units with certificates of occupancy by development 4. Transmit building permits, site plans, preliminary plats and final plats for Proposed Residential Development to the School District for its review and comment as provided in Section 8.2 herein. (b) By entering into this Agreement, the School Board agrees to undertake the following activities: 1. Annually prepare and update, in accordance with and subject to the terms of the Timeline Schedule (Appendix A), a financially feasible School District Five-Year Facilities Work Program as part of an Educational Facilities Plan containing enough capacity each year to meet the anticipated demand for student stations identified by the population projections so that no schools exceed the adopted Level of Service Standard. 2. As provided in Section 13 herein, institute program and/or school Attendance Boundary adjustments, as the School Board determines are necessary and appropriate, to Maximize the Utilization of Student Capacity in order to ensure that all schools of each type (elementary, middle, high) in each School Service Area and each individual school operate at the adopted Level of Service Standard, subject to the requirements of special programs as determined by the School Board or required by law. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 16 3. Construct the capacity enhancing and modernization projects necessary to maintain the adopted Level of Service Standard specified in the School District Five-Year Facilities Work Program. 4. Provide the County and Cities with any School District data and analysis relating to school concurrency necessary to amend or annually update the Comprehensive Plan. Adopt a ten and twenty year work program. 6. Review Proposed Residential Developments for compliance with school concurrency standards. 7. Review Proportionate Share Mitigation options for Proposed Residential Developments. 8. Prepare annual reports on enrollment and capacity. The capacity, with respect to a particular school, may reasonably be modified by the School District to accommodate "special considerations" as set out in the definition of "Maximized Utilization", including special programs for which 100% of FISH capacity is prohibited legally or is educationally unsound as determined by the School District. 9. Provide necessary staff and material support for meetings of the SPTAC as required by this Agreement. 10. Provide information to the County and Cities regarding enrollment projections, school siting, and infrastructure required to support public school facilities consistent with the requirements of this Agreement. Section 11 School District Educational Facilities Plan 11.1 School District Five-Year Facilities Work Program (a) The School Board shall, in accordance with and subject to the terms of the Timeline Schedule (Appendix A), update and adopt the School District Five-Year Facilities Work Program for public schools in the County. (b) The School District's Five-Year Facilities Work Program and each annual update will contain: 1. Projected five year school enrollment for each School Service Area; 2. Existing school sites and educational facilities, their enrollments, existing capacities and their designed capacities upon expansion; 3. The number of portables in use at each school; 4. Projected needs for expansions, major renovations and new facilities, and 5. All new construction, remodeling or renovation projects which will add permanent capacity or modernize existing facilities. (c) The School District Five-Year Facilities Work Program and each annual update shall be a financially feasible program of school construction for a five (5) year period. The Plan shall include school construction projects which, when completed, will add sufficient student capacity to achieve and maintain the adopted Level of Service Standard for all schools based on projected increases in F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 17 enrollment; provide for required modernization; satisfy the School District's constitutional obligation to provide a uniform system of free public schools on a County-wide basis; and satisfy the program requirements reasonably adopted by the School Board or required by law. (d) The School District Five-Year Facilities Work Program and each annual update shall include a description of each school project, a listing of funds to be spent in each fiscal year for the planning, preparation, land acquisition, and actual construction and renovation of each school project which adds School Capacity or modernizes existing facilities; the amount of School Capacity added, if any, and a generalized location map for schools included in the School District Five-Year Facilities Work Program. (e) The School District Five-Year Facilities Work Program and each annual update shall ensure that the School District has Maximized Utilization of existing schools and that proposed projects add the necessary School Capacity to maintain the adopted Level of Service Standard. (f) The School District Five-Year Facilities Work Program and each annual update shall identify the projected enrollment, School Capacity and Utilization percentage of all schools. The School District shall annually update the School Service Area Tables and Capital Improvements Schedule when updating the School District Five-Year Facilities Work Program. 11.2 Ten and Twenty Year Work Program (a) In addition to the School District Five-Year Facilities Work Program, the School District shall, in accordance with and subject to the terms of the Timeline Schedule (Appendix A), annually adopt a ten year and a twenty year work plan based upon revenue projections, enrollment projections and facility needs for the ten year and twenty year period. It is recognized that the projections in the ten and twenty year time frames are tentative and should be used only for general planning purposes. 11.3 Transmittal (a) The School District shall transmit copies of the proposed Educational Facilities Plan which includes the Five-Year Facilities Work Program and the ten and twenty year work program to the SWG, the Cities, and the County for review in accordance with the Timeline Schedule (Appendix A). 11.4 Final Adoption (a) Unless the adoption is delayed by mediation or a lawful challenge or otherwise under Section 16 hereof, the School Board shall adopt the School District's Educational Facilities Plan no later than September 30th of each year, and the plan shall become effective October 1St of each year. 11.5 Amendments to the School District's Educational Facilities Plan (a) The Timeline Schedule (Appendix A) shall govern the process for annually updating the School District Educational Facilities Plan. The amendatory process set forth in Section 12 herein shall control any other amendments to the plan and all Spot Surveys. (b) The School Board shall not amend the School District Five-Year Facilities Work Program as provided in Section 12 herein so as to modify, delay or delete any school capacity producing project in the first three (3) years of the Capital Improvements Schedule set forth in the plan unless the School District, by a majority vote of its Board members, provides written confirmation that: F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 18 1. The modification, delay or deletion of the project is required in order to meet the School District's constitutional obligation to provide aCounty-wide uniform system of free public schools or other legal obligations imposed by state or federal law, imposed by existing Board policy or reasonable program requirements; or 2. The modification, delay or deletion of the project is occasioned by unanticipated changes in population projections or growth patterns or is required in order to provide needed capacity in a location that currently has a greater priority than an originally planned project and does not cause the adopted LOS Standard to be exceeded in the School Service Area from which the originally planned project is modified, delayed or deleted; or 3. The project schedule or scope has been modified to address local government concerns, and the modification does not cause the adopted LOS Standard to be exceeded in the School Service Area from which the originally planned project is modified, delayed or deleted. Section 12 Annual Updates and Amendments to the School Concurrency Comprehensive Plan Elements and the School District Educational Facilities Plan 12.1 Annual Updating (a) The annual updating of the School District Educational Facilities Plan (including the School District Capital Improvements Schedule made a part thereof) shall be conducted in accordance with and subject to the terms of the Timeline Schedule as provided in Appendix A. (b) The annual updating of the Comprehensive Plan amendments related to the Educational Facilities Plan shall be conducted as provided in the Timeline Schedule and as provided in Section 8 hereof. 12.2 Amendments (a) The procedures set forth in paragraph (b) below shall apply in the event that any Party wishes to amend any of the following (except for (i) the annual updating thereof as provided in this Section and (ii) any part thereof treated under Section 5.2 herein as a School Board Prerogative that maybe unilaterally amended by the School Board): 1. Level of Service Standards 2. School Service Area Boundaries 3. Timeline Schedule (Exhibit A) 4. Procedures and methodology for making concurrency determinations for Proposed Residential Developments 5. Proportionate Share Mitigation options and processes 6. School District Five-Year Facilities Work Program (which includes the School District Capital Improvements Schedule). 7. All other parts of the Public School Facilities Elements, CIEs, and ICEs, excluding however this Agreement except for matters in this Agreement covered by items (1) through (6) above F:\Communiry Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 19 (b) The following procedures apply in amending any of the items set forth in paragraph (a) above: 1. The Party initiating the proposed amendment shall be the "Initiating Party". The rest of the Parties and SWG shall be the "Reviewing Parties". 2. Before officially considering an amendment and prior to submitting such amendment to the Department of Community Affairs, if required, the Initiating Party shall transmit to the Reviewing Parties a memorandum outlining the proposed amendment, including a narrative describing the purpose of the amendment and a statement regarding the impact of the proposed amendment on the applicable Comprehensive Plan(s) and other elements of school concurrency addressed by this Agreement. The memorandum must also include all data and analysis supporting the proposed amendment. 3. Within thirty (30) days of its receipt of the proposed amendment, the SWG shall provide any written comments or objections to the Initiating Party. Within sixty (60) days of its receipt of the proposed amendment, each of the Reviewing Parties shall provide any written comments or objections to the Initiating Party. Each of the Reviewing Parties shall indicate whether it approves of the proposed amendment or, it does not, the reasons for withholding its approval. Failure to object within the above deadlines shall be treated as approval of the amendments. 4. Where the approval of all the Parties is not obtained as provided above, no proposed amendment will be adopted unless and until the dispute is resolved through the dispute resolution process set forth in this Agreement. Once a proposed amendment has the approval of all of the Parties, or is submitted to dispute resolution under Section 16 herein and is resolved as provided therein, the Initiating Party shall give the Reviewing Parties written notice of that event. Within 90 days after receipt of the notice (or, as to Comprehensive Plan amendments and with the consent of the School Board and other affected Parties, at the next round of such amendments), the applicable Parties will make such changes to the Public School Facilities Components (including formal changes to the School District Five-Year Facilities Work Program, the School District Capital Improvements Schedule, this Agreement, and/or the Comprehensive Plan) and/or to the Land Development Regulations as are required by law or are otherwise necessary to effectuate the amendment. 12.3 Unilateral School Board Amendments (a) The School Board may amend the School District Five-Year Facilities Work Program and the School District Capital Improvements Schedule as to any matter covered by the School Board Prerogatives under Section 5.2 hereof as part of the annual update without the consent or comment of any other Party but otherwise in accordance with the Timeline Schedule (Exhibit A). (b) In the alternative, the School Board may make such amendments, as provided in Section 5.2, outside the annual update process mandated by statute and without the consent or comment of any other Party, but only upon giving to SWG at least 15 days written notice of the amendment before it becomes effective. Once the amendment becomes effective, the School District shall give the Local Governments written notice of that event. Within 90 days after receipt of the notice (or, as to Comprehensive Plan amendments and with the consent of the School Board and other affected Parties, at the next round of such amendments), the applicable Local Governments shall make such changes to the Public School Facilities Components (including formal changes to the School District Five-Year Facilities Work Program, the F:\Community Development\UsersV.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 20 School District Capital Improvements Schedule, this Agreement and/or the Comprehensive Plan) and/or the Land Development Regulations as are required by law or are otherwise necessary to effectuate the amendments. (c) Changes that do not require formal amendments to Comprehensive Plans may be made by ordinance only. 12.4 Miscellaneous Comprehensive Plan Matters (a) A Local Government may, without consent or comment of any other Party, include in its Public School Facilities Element, or (if so included) amend, any local issues not specifically required by statute (FS) or rule (FAC) by following the normal Comprehensive Plan amendment process. (b) The process for the development, adoption, and amendment of the Intergovernmental Coordination Element and the Capital Improvements Element shall comply with the process set forth in Section 163.3184, Florida Statutes. 13 Establishing and Maintaining Level of Service Standard 13.1 Establishment of School Service Areas (SSAs) (a) The Parties hereby agree that school concurrency shall be measured and applied on a less than district-wide basis using School Service Areas (SSAs). The parties hereby adopt the SSAs that are set forth in Appendix "E" of this Agreement. 1. The School District and Local Governments shall apply school concurrency using School Attendance Zones, as adopted and amended by the School Board, as the School Service Areas. Designated buffer zones may be created between SSAs where natural bamers or long distances would create a transportation burden for students. Use of this method will create a separate map for each elementary, middle and high school. Each School Attendance Zone will become its own School Seivice Area (SSA). (b) The County and Cities shall adopt the School Service Areas and the process for modification as defined herein into the Public School Facilities Element of their Comprehensive Plans. 13.2 School Service Area Boundary (SSAB) Modification (a) As future boundary modifications are required for schools programmed in the School District Five-Year Facilities Work Program, school Attendance Boundaries shall be modified to the greatest extent possible to provide that Attendance Boundaries be coterminous with traffic analysis zone boundaries. (b) As long as a School Service Area is aligned with a School Attendance Zone, the School Board may unilaterally amend, without the consent or comment of any other Party, the zone's Attendance Boundaries and hence the School Service Area. Any Party may, however, propose a modification to the School Service Area Boundaries that departs from the requirement that each School Service Area be aligned solely with a School Attendance Zone. In that event, the change may only be made in accordance with Section 12.1 or 12.2, whichever Section is applicable. Prior to adopting any change, whether pursuant to Section 12.1, 12.2 or 12.4, the School District must verify that as a result of the modification: F:\Community Development\UsersU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 21 1. The adopted Level of Service Standard will be achieved and maintained for each year of the five year planning period; and 2. The utilization of School Capacity will be maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors such as those described in the definition herein of Maximized Utilization. 13.3 Level of Service (LOS) (a) The adopted Level of Service Standard for each year of the five year planning period and through the long term planning period for each School Service Area will be 100% of the FISH Capacity. 13.4 Exemptions (a) The following residential uses shall be considered exempt from the requirements of school concurrency: 1. All single family lots of record at the time the School Concurrency implementing crdinance becomes effective. 2. Any Residential Development that received a site plan approval or its functional equivalent prior to July 1, 2008, where that approval has not expired and the approval remains valid. 3. Any amendment to any previously approved Proposed Residential Development which does not increase the number of dwelling units or change the type of dwelling units (single- family to multi-family, etc.). 4. Any Age restricted community with no permanent residents under the age of eighteen (18). Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. (b) Upon request by a Developer submitting a land development application with a residential component, the School District shall issue a determination as to whether or not the development, lot or unit is exempt from the requirements of school concurrency. 13.5 School Concurrency Regulations (a) Each Local Government shall adopt school concurrency provisions into its Land Development Regulations (LDRs), with an effective date of July 1, 2008, consistent with the requirements of this Agreement. 1. In the event that any City does not satisfy this requirement, the City shall be deemed to have "opted in" to the County school concurrency Land Development Regulations and agrees to be bound by the terms and provisions therein until it adopts its own School Concurrency Ordinance. Each Local Government represents that its governing body has prior to the effective date of this Agreement adopted such ordinance and taken such other action as is required by law to effectuate this mandatory "op in" provision if it is triggered. 2. At any time, any Local Government may opt out of the County's implementing ordinance through implementing its own school concurrency ordinance. F:\Community Development\UsersU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 22 (b) The Concurrency provisions adopted as provided in paragraph (a) above shall provide procedures for review of Development Orders. Section 14 School Concurrency Process 14.1 Effective Date (a) The provisions of this Section shall become effective on July 1, 2008. 14.2 Review Process (a) The County, the Cities and the School Board shall ensure that the minimum Level of Service Standard established for each Type of School is maintained. Consequently, no new Comprehensive Plan amendment, rezoning, conceptual plan, preliminary plat, site plan or functional equivalent, or building permit, involving a proposed Residential Development, maybe approved by the County or Cities unless the residential development is exempt from these requirements as provided in Section13.4 of this Agreement or until an appropriate School Capacity Availability Determination Letter (SCADL) has been issued3 indicating that adequate school facilities exist. (b) Any developer submitting a Development Permit application (such as a land use map amendment, rezoning, site plan or preliminary plat) with a residential component that is not exempt under Section 13.4 of this Agreement is subject to school Concurrency and must prepare and submit a School Impact Analysis, as applicable, for review by the School District. The School Impact Analysis must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, apartments, etc.), and age restrictions for occupancy, if any. The Local Government shall initiate the review by determining that the application is sufficient for processing. Upon determination of application sufficiency, the Local Government shall transmit the School Impact Analysis to the School District for review. The School District will verify whether sufficient Permanent Student Stations for each applicable Type of School are available or not available to support the development. A flow chart outlining the school Concurrency review process is included as Appendix "G". The process is as follows: 1. The School District shall review the School Impact Analysis for Proposed Residential Developments that have been submitted and deemed sufficient for processing by the applicable Local Government. 2. The School District shall review each School Impact Analysis in the order in which it is received and shall issue a School Capacity Availability Determination Letter to the applicant and the affected Local Government within fifteen (15) working days of receipt of the application. 3. The School District may charge the applicant anon-refundable application fee payable to the School District to meet the cost of review. 4. The following table identifies the type of Concurrency certificate required for each Development Order type. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 23 Development Order SCADLRequired Vesting ..Vesting Allowed2 Re' wired 1 Comprehensive Plan Land Use Conditional No No Amendments and Rezonin s 2 Conce tual Develo ment Plans Conditional No No 3 Prelimina Plats Conditional No No 4 Final Site Plans and Land Conditional or Final Yes No Development Permits for Roads, Draina a and Utilities 5 Buildin Permits Final Yes Yes Vesting is allowed for projects with a proportionate share agreement or an approved developer's agreement for a major roadway improvement. 2 At the time of vesting, the applicant must pay appropriate impact fees. A Conditional SCADL is a determination that adequate school capacity is available at the time of evaluation but does not vest school capacity. If Available School Capacity is not sufficient to meet the school demand associated with the development application, a determination letter may be issued with a condition identifying improvements necessary to meet an adopted Level of Service Standard and the cost-feasible mechanism for implementing the necessary improvements. This shall not limit the authority of a Local Government to deny a Development Permit or its functional equivalent, pursuant to its home rule regulatory powers. ii. A Final SCADL vests School Capacity. A Final SCADL shall not be required in conjunction with a building permit if the residential unit is already vested through a previously issued Final SCADL. (c) In the event that there is not sufficient Available School Capacity in the School Service Area in which the Proposed Residential Development is located or in an adjacent School Service Area to support the development, the School Board shall, pursuant to Agreement entertain any developer proposed Proportionate Share Mitigation. If the proposed mitigation is accepted, the school board shall enter into an enforceable and binding agreement with the affected Local Government and the developer pursuant to this Agreement. (d) The Local Government shall be responsible for notifying the School District when a Proposed Residential Development has paid its school impact fees and when the Development Order for the Proposed Residential Development expires. 14.3 Student Generation Calculation (a) To determine a Proposed Residential Development's projected students, the projected number and type of residential units shall be converted into projected students for all schools of each type within the specific School Service Area using the School District Student Generation Multipliers contained in Appendix "F." 14.4 Utilization Determination (a) The School District shall create and maintain a Development Review Table (DRT) for each School Service Area, and will use the DRT to compare the projected students from Proposed Residential Developments to the School Service Area's Available School Capacity. Available School Capacity F:\Community Development\UsersU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 24 shall be derived using the following formula: Available School Capacity =School Capacity' - (Enrollment2 + Vested3) Where t School Capacity =FISH Capacity including the FISH Capacity of schools programmed for construction in the first three (3) years of the School District Five-Year Facilities Work Program. 2 Enrollment =Student enrollment as counted at the Fall FTE. 3 Vested =Students projected to be generated from Residential Developments approved after the implementation of school concurrency where all school impact fees have been paid, plus students projected to be generated from residential building permits issued since implementation of school concurrency for lots that existed prior to implementation of school concurrency where either (1) no certificate of occupancy has been issued or (2) a certificate of occupancy has been issued since the last fall FTE. (b) At the Fall FTE, the vested number of students on the Development Review Table will be reduced by the number of students represented by the residential units that received certificates of occupancy within the previous twelve (12) month period. (c) The County and the Cities shall notify the School District as residential building permits that are exempt are issued and as certificates of occupancy are approved for residences on lots that existed prior to implementation of school concurrency. The County and the Cities shall provide to the School District the address(es) of the aforesaid new residences along with information on the type of residential unit. As the information is obtained from the County and Cities, the School District shall update the vested column of the Development Review Table. 14.5 The Three Year Rule (a) If new School Capacity within a School Service Area will be in place or under actual construction in the first three years of the School District's Five-Year Facilities Work Program, the new School Capacity will be added to the Student Capacity shown for the School Service Area, and the Utilization rate will be adjusted accordingly. 14.6 Adjacent School Service Area Capacity (a) If the projected student growth from a Proposed Residential Development causes the adopted Level of Service Standard to be exceeded in a School Service Area, an Adjacent School Service Area will be reviewed for Available School Capacity. In conducting the adjacency review, the School District shall first use the Adjacent School Service Area with the most Available School Capacity to evaluate projected enrollment and, if necessary, shall continue to the School Service Area with the next most Available School Capacity until all adjacent School Service Areas have been evaluated or until sufficient Available School Capacity has been identified to allow a School Capacity Availability Determination Letter to be issued approving school concurrency. If a SCADL is issued, the SCADL shall note the School Service Areas and their Available School Capacity. (b) If a Proposed Residential Development causes the Level of Service Standard in the School Service Area in which it is proposed to be located to exceed the Adopted Level of Service Standard and if there is sufficient Available School Capacity to accommodate the development in an Adjacent School Service Area, actual development impacts shall be shifted to the contiguous School Service Area having Available School Capacity. This shift shall be accomplished through boundary changes or by assigning future students from the development to the Adjacent School Service Area. F:\Community Development\Usets\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 25 14.7 Issuance and Term of School Concurrency (a) If the School District reviews a Proposed Residential Development project application and determines that there is sufficient Available School Capacity at the adopted Level of Service Standard to accommodate the students projected to be generated from the development project, the School District shall issue a School Capacity Availability Determination Letter indicating that adequate school facilities exist to support the student impacts. Issuance of a determination letter identifying that adequate capacity exists indicates only that existing and planned school facilities are currently available, and does not guarantee that school facilities will be available at the time of any subsequent concurrency review. (b) The Local Government shall not issue a building permit for anon-exempt residential unit unless the unit is vested for school concurrency purposes, and the Local Government shall not vest approval of any Proposed Residential Development for such purposes until (i) confirmation is received from the School District that there is sufficient Available School Capacity to accommodate the development and (ii) school impact fees have been paid. Local Government vesting of school concurrency for a Proposed Residential Development shall be valid for one (1) year after approval. The Local Government may extend this approval for up to a total of three (3) years, provided that the applicant signs a waiver of rights for the refund of school impact fees in exchange for the extension of the approval. Once a building permit is issued, school concurrency vesting for the permitted Proposed Residential Development shall be considered valid as long as the building permit or its functional equivalent is active. (c) The Local Government shall notify the School District within ten (10) days of receiving payment of school impact fees and vesting school concurrency for any residential development. The School District shall update its Development Review Table Database to reflect the number of students that will be generated from the newly vested residential unit, decreasing the number of available Permanent Student Stations for each school type within the designated school service areas. (d) The Local Government shall also notify the School District within ten (10) days of when a Development Order for a vested residential development expires. The School District shall update its Development Review Table Database to reflect the number of students that will no longer be generated from the previously vested residential unit, increasing the number of available student stations for each school type within the designated school service areas. (e) The payment of school impact fees shall occur prior to the vesting of a Proposed Residential Development, or portion thereof. (f) If the student impacts from a Proposed Residential Development would cause the Adopted Level of Service Standard to be exceeded, the SCADL shall detail why capacity is not available, and the School District shall offer the applicant an opportunity to enter into a ninety (90) day negotiation period as described below. 14.8 Proportionate Share Mitigation (a) In the event that there is not adequate Available School Capacity to support a development, the School Board shall entertain Proportionate Share Mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the developer and the Local Government to mitigate the impact from the development through the creation of additional School Capacity. (b) When the student impacts from a Proposed Residential Development would cause the adopted Level of Service Standard to fail, the Developer's Proportionate Share Mitigation for the development will be based on the number of additional Permanent Student Stations necessary to meet the adopted F:1Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\[LA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 26 Level of Service Standard. The amount to be paid will be calculated utilizing the cost per Permanent Student Station allocations for elementary, middle and high school, plus a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District Five Year Facilities Work Program. 1. The methodology used to calculate a developer's Proportionate Share Mitigation shall be as follows: Proportionate Share = (Development studentsa -Available School Capacity) x Total Cost' per Permanent Student Station Where aDevelopment students =Students generated by development that are assigned to that school 'Total Cost =the cost per Permanent Student Station based on average prior year expenditures for school districts along the Treasure Coast. In addition, total cost includes a share of the land acquisition and infrastructure expenditures for school sites as determined and published annually in the School District Five-Year Facilities Work Program. (c) The applicant shall be allowed to enter a ninety (90) day negotiation period with the School District in an effort to mitigate the impact from the development through the creation of additional School Capacity. The ninety (90) day negotiation period may be extended by mutual agreement of the parties. Upon identification and acceptance of a mitigation option deemed financially feasible by the School Board, the developer shall enter into a binding and enforceable agreement with the School Board and the Local Government with jurisdiction over the approval of the Development Order. (d) A Mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a school capacity project identified in the School District Five-Year Capital Facility Plan. Capacity projects identified within the first three (3) years of the School District Five-Year Capital Facility Plan shall be considered as committed in accordance with this Agreement. 1. If capacity projects are planned in years four (4) or five (5) of the School District Five- Year Capital Facility Plan within the same School Service Area as the Proposed Residential Development, the developer may pay his proportionate share to mitigate the proposed development in accordance with the formula provided in this Agreement. 2. If a capacity project does not exist in the School District Five-Year Capital Facility Plan, the School Board may add a capacity project to satisfy the impacts from the Proposed Residential Development, as long as financial feasibility of the School District Five-Year Facilities Work Program can be maintained. Mitigation options may include, but are not limited to: i. Contribution of land in conjunction with the provision of additional school capacity; or ii. Provision of additional Permanent Student Stations through the donation of buildings for use as a primary or alternative learning facility; or iii. Provision of additional Permanent Student Stations through the renovation of existing buildings for use as learning facilities; or iv. Construction of Permanent Student Stations or Core Capacity; or F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC ]nterlocal Agreement -January 31, 2008.doc 27 v. Construction of a school in advance of the time set forth in the School District Five-Year Facilities Work Program: or vi. Construction of a charter school designed in accordance with School District standards and State Requirements for Educational Facilities (SREF), providing permanent School Capacity to the District's inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. In exchange for the construction of a public school facility which provides more capacity than required by the development subject to Proportionate Share Mitigation, the developer will have the right to sell capacity credits for School Capacity in excess of what was required to serve the Proposed Residential Development. If and to the extent required by Florida Law, a Development Permit shall not be denied because of inadequate Available School Capacity, if such capacity is available or may be achieved pursuant to the provisions of Florida law or if the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created pursuant to the provisions of Florida law. Where a Development Order requested is identified as requiring a conditional SCADL as set forth in the table shown in Section 14.2, the conditions in Section 14.2(b)4i shall apply. (e) For the mitigation options provided above, the costs associated with the identified mitigation shall be based on the estimated cost of the improvement on the date that the improvement is programmed for construction. Future costs will be calculated using estimated values at the time the mitigation is anticipated to commence. 1. The cost of the mitigation required by the developer shall be credited toward the payment of his school impact fee. 2. If the developer's required mitigation cost is greater than the school impact fees for the development, the difference between the developer's mitigation costs and the impact fee credit is the responsibility of the developer. (f) Upon conclusion of the ninety (90) day negotiation period, or as extended by mutual agreement, a new School Capacity Availability Determination Letter shall be issued identifying whether or not sufficient Available Student Capacity has been identified to serve the development. If mitigation has been agreed to, the School District shall identify in the School Capacity Availability Determination Letter that there is adequate Available School Capacity for the development, subject to those mitigation measures agreed to by the Local Government, Developer and the School Board. Prior to vesting approval of a Proportionate Share Mitigation project, the mitigation measures shall be memorialized in an enforceable and binding agreement with the Local Government, the School Board and the developer, and impact fees shall be paid. The mitigation agreement shall specifically detail mitigation provisions, identify the capacity project, indicate the financial contribution to be paid by the developer, provide a method of surety in form of a bond or letter of credit in the amount of the contribution, and include any relevant terms and conditions. If mitigation is not agreed to, the School Capacity Availability Determination Letter shall detail why any mitigation proposals were rejected and detail why the Proposed Residential Development is not in compliance with school concurrency requirements. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement - 7anuary 31, 2008.doc 28 14.9 Appeal Process (a) An applicant substantially affected by a School Capacity Availability Determination Letter determination made as a part of the school concurrency process may appeal such determination through the process provided in Chapter 120, Florida Statutes. A School Capacity Availability Determination Letter, indicating either that adequate capacity is available, or that there is insufficient Available School Capacity following the ninety (90) day negotiation period as described above, constitutes final agency action by the School District for purposes of Chapter 120 Florida Statutes. (b) An applicant substantially affected by a Local Government decision made as a part of the school concurrency process may appeal such decision within 15 business days to the governing body of the Local Government (See Appendix G). Section 15 Special Provisions 15.1 School District Requirements (a) The Parties acknowledge and agree that the School Board has both constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis and that those obligations are or may be derived from the Florida and United States Constitutions and other state or federal statutes regarding the operation of the public school system. Accordingly, the County, the Cities and the School Board agree that this Agreement is not intended, and will not be construed, to interfere with, hinder, or obstruct in any manner the School District's constitutional and statutory obligation to provide a uniform system of free public schools on a Countywide basis or to require the School District to confer with, or obtain the consent of, the County or the Cities, as to whether that obligation has been satisfied. Further, the County, the Cities and the School Board agree that this Agreement is not intended and will not be construed to impose any duty or obligation on the County or City for the School District's constitutional or statutory obligation. The County and the Cities also acknowledge that the School District's obligations under this Agreement maybe superseded by state or federal court orders or other state or federal legal mandates. The Parties also acknowledge and agree that the School Board has, under Article IX, §4 of the Florida Constitution, the authority to "operate and control" the public schools in the Indian River School District, and thus has the discretion to determine suitable programmatic requirements that may alter Available Capacity, and such constitutional authority is not waived by this Agreement. (b) The School Board agrees to hold harmless, indemnify, and defend the County and/or the Cities, the members of their governing board and their staffs, and each of them, for and from any all claims, civil actions, damages or administrative proceedings, of whatever kind or nature whatsoever in Law or equity whether known or unknown, foreseen or unforeseen, created by or arising from or alleged to be arising from this Agreement, including but not limited to, any action done or not done in reliance upon any undertakings or obligations by the School Board pursuant to this Agreement or upon any advice or other representation made by the School Board pursuant to its undertakings or obligations set forth in this Agreement. Such defense shall be carried out by counsel reasonably acceptable to the Party(ies) being defended. Such indemnification shall include but not be limited to tort claims, actions for declarative relief, claims alleging that the act triggering this clause violates the Laws or Constitutions of the United States and/or the State of Florida, or for claims arising under common law rules or the Bert J. Harris Property Rights Protection Act. (CH 70 Florida Statutes 2007 as amended.) Upon receipt of the notice of any such claim, civil action, or administrative proceeding, the party invoking the terms of this provision shall notify the School Board in writing as soon as practicable. However, notwithstanding this provision, the Parties, including the School Board under this indemnity requirement, do not waive the limits of liability set out in Section 768.28, Florida Statutes, and are not liable for any discretionary or governmental decision or action for which they may have sovereign immunity. A party seeking indemnity shall have an ongoing duty of assistance and cooperation. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 29 15.2 Land Use Authority (a) The Parties specifically acknowledge the land use authority of each Local Government within its own jurisdiction, including the authority to approve or deny Comprehensive Plan amendments and Development Orders within its own jurisdiction. Nothing herein represents or authorizes a transfer of this authority to any other Party. (b) Notwithstanding any provisions herein to the contrary, nothing herein shall obligate a Local Government to include in its Comprehensive Plan, or to otherwise acquiesce in, any planned school facility (or site acquisition therefore) that is inconsistent with the Local Government's Comprehensive Plan or in violation of its Land Development Regulations (subject to any statutory override). (c) This Agreement does not limit the authority of a Local Government to grant or deny a development permit or its functional equivalent or a comprehensive plan change pursuant to its regulatory powers for reasons unrelated to school concurrency. Section 16 Resolution of Disputes 16.1 If the parties to this Agreement fail to resolve any conflicts related to issues covered in this document, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. Section 17 Amendment Process and Term of the Agreement 17.1 This Agreement may be amended by written consent of all parties to this Agreement. The Agreement will remain in effect in accordance with Florida Statutes. If the Florida statute as it pertains to school planning coordination and/or school concurrency is repealed, the applicable portions of this Agreement related to school concurrency maybe terminated by written consent of all parties of this Agreement. Section 18 Execution in Counterparts 18.1 This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one in the same instrument. Section 19 Appendices 19.1 The provisions in the appendices attached hereto are incorporated here by reference and made a part of this Agreement, provided the provisions in the remainder of this Agreement shall control if and to the extent they conflict with any provisions in the appendices. Section 20 Effective Date 20.1 The effective date of this Agreement shall be March 1, 2008, whereupon this Agreement shall supersede the Interlocal Agreement, effective January 1, 2004, between the Parties (except for the Town of Indian River Shores which was not a party to that agreement). F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 30 IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Indian River County, the Town of Indian River Shores, and the Cities of Fellsmere, Sebastian, and Vero Beach, and the School Board of Indian River County on this day of , 200_ THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA By Karen Disney-Brombach, Board Chairman ATTEST ,Board Secretary (CORPORATE SEAL) State of Florida, County of Indian River Witness as to all Signatories Print Name Witness as to all Signatories Print Name WITNESS my hand and official seal this day of Print Name My Commission Expires: Approved as to form and correctness: A.D. 200_ (AFFIX NOTARY SEAL) Usher Brown, School Board Attorney F:\Community Development\Useis\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 31 DULY PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THIS DAY OF , 200 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Sandra L. Bowden, Chairman Approved as to form and correctness: ATTEST: By Jeffrey K. Barton, Clerk William G. Collins II, County Attorney F:\Community Development\Useis\LONG RANGE\CompPian Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 32 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF FELLSMERE, FLORIDA, THIS Day of , 200_ CITY OF FELLSMERE, FLORIDA Mayor Sara J. Savage Attest City Clerk (Seal) Duly Passed and Adopted by the City Council of Fellsmere, Florida, this Day of , 200, F:\Community Development\UsersU,ONG RANGE\CompPlan Ameudments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 33 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF SEBASTIAN, FLORIDA, THIS Day of , 200_ CITY OF SEBASTIAN, FLORIDA Attest Mayor Andrea B. Coy City Clerk (Seal) F:\Community Development\UsersU,ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC In[erlocal Agreement -January 31, 2008.doc 34 DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF VERO BEACH, FLORIDA, THIS Day of , 200 CITY OF VERO BEACH, FLORIDA Attest Mayor Thomas P. White City Clerk (Seal) F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 35 DULY PASSED AND ADOPTED BY THE TOWN COUNCIL OF INDIAN RIVER SHORES, FLORIDA, THIS Day of , 200. TOWN OF INDIAN RIVER SHORES, FLORIDA Attest Mayor Thomas W. Cadden City Clerk (Seal) F:\Community Development\UsetsU.ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 36 Appendix `A' Timeline Schedule for the Annual School Concurrency & School District Educational Facilities Plan Review and Update ^ January 1St through 2°d week of January -County staff to provide school district staff with population projections by Traffic Analysis Zones (TAZ). ^ 2"d week of January through 3`d week of January -data preparation and gathering for upcoming Staff Working Group (SWG) meeting. School district staff to compile preliminary data for the School District Facilities Work Program. Municipal staffs to provide to county staff a copy of their jurisdictions' land use map and list of planned and anticipated capital facilities that may be conducive to shared use with the School District (e.g. parks, libraries, and public buildings). County staff to prepare the same. Last Week of January -County and School District staff to coordinate and send to the SWG a copy of the previous year's School Concurrency Assessment Report, a copy of the previous year's School District Educational Facilities Plan, a memo indicating potential revisions to each of the aforesaid and key points of discussion, TAZ population projections, copies of County and municipal future land use maps, and a list of capital projects possible for shared use. ..SWG 1St week of February -SWG meeting. Meeting 1 • For the first year, SWG reviews outline for proposed School Concurrency Assessment Report. Report may address such issues as school capacity, level of service, school service area boundaries, and school concurrency coordination/process. After the lst year, SWG reviews previous year's School Concurrency Assessment Report. • SWG reviews preliminary data for the School District Educational Facilities Plan regarding new schools, including population and student projections, and school facilities planned. • SWG reviews issues regarding coordination of land use, school needs, co-location and joint use opportunities, and on-site or off-site infrastructure improvements for schools. March 1St through March 15a' -School District staff prepares draft School District Facilities Work Program, school service area maps, and Annual School Concurrency Assessment Report. F:\Community Development\UsersU,ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Imerlocal Agreement -January 31, 2008.doc 37 • The School District Educational Facilities Plan shall contain: ^ Projected five year school enrollment; ^ Existing school sites and educational facilities, their enrollments, their existing capacities, their utilization percentages, and their designed capacities upon expansion; ^ The number of portables in use at each school; ^ Projected needs for expansions, major renovations and new facilities; and ^ School District Five-Year Capital Facilities Schedule that specifies new construction, remodeling or renovation projects which will add permanent capacity or modernize existing facilities. • School District staff enters appropriate data into School Concurrency computer program and prints a copy of the draft Annual School Concurrency Assessment Report. • County staff and School District staff shall coordinate and send copies of said documents to the Citizens Oversight Committee (COC) for review. SWG 3`a week of March - SWG meeting to review draft Annual School Concurrency ':Meeting 2 Assessment Report and draft School District Educational Facilities Plan. • The SWG shall evaluate whether or not the proposed School District Five-Year Facilities Work Program maintains the adopted Level of Service Standard by: ^ adding enough projects to increase the capacity, if needed, to eliminate any Permanent Student Station shortfalls, including required modernization of existing facilities; and ^ providing Permanent Student Stations for the projected growth in enrollment over each of the five (5) years covered by the Plan. COC 1st week of April -Citizens Oversight Committee meeting to review the draft Meeting < Annual School Concurrency Assessment Report and the draft School District Educational Facilities Plan. The COC shall evaluate and provide input on the report and work program and in general on public school planning issues and activities. ^ 2^a and 3`a week of April through 2na week of Mav -County planning staff, municipal staff, and school district staff revise both the draft Annual School Concurrency Assessment Report and the draft School District Educational Facilities Plan, based on comments from COC meeting. 3`a week of Mav -County Planning staff and School District staff send draft Annual School Concurrency Assessment Report and draft School District Educational Facilities Plan to SWG members with a summary memo and a copy of the COC meeting minutes. F:\Community Development\Users\LONG RANGE\CompPlan Amendmeats\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 38 ^ 2na through 3ra week of June -County Planning staff and School District staff make fmal revisions to the draft Annual School Concurrency Assessment Report and draft School District Educational Facilities Plan. County Planning staff and School District staff send copies to the Elected Officials Oversight Committee (EOOC) and to local government elected officials/clerks with a summary memo. EOOC 2na week of July -Elected Officials Oversight Committee (EOOC) meeting to Meeting. review the Annual School Concurrency Assessment Report and Draft School District Educational Facilities Plan. EOOC will discuss issues, set direction, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including: • population and student growth • development trends • school needs • off-site improvements, and • joint use opportunities. ^ 3ta through 4ts Week of July -Indian River County Board of County Commissioners, School Board, and City Councils review, comment on, and approve the Annual School Concurrency Assessment Report and Draft School District Educational Facilities Plan. ^ 1st through 2na Week of August -County and School District staff revise the "Annual School Concurrency Assessment Report" and Draft "School District Educational Facilities Plan" based on comments received. ^ By September 30th -School Board shall adopt the School District's Educational Facilities Plan for public schools in Indian River County, unless adoption is delayed as provided under Section 11.4 of this agreement. ^ Last Week of September -Indian River County and municipal staffs initiate their respective Capital Improvement Element updates to include the School District's Five Year Facilities Work Program. ^ By December 31st -County planning staff, and municipal staffs update their respective jurisdiction's Capital Improvement Element schedule consistent with the updated and adopted School District's Five-Year Facilities Work Program. F:\Community Development\UsersU,ONG RANGE\CompPlan Amendments\Public Schools\Updates\]LA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 39 APPENDIX 'B' SCHOOL COORDINATION GROUPS/ACTIVITIES COMMITTEES SCHEDULED PURPOSE MEETINGS Staff Working Group Semi-annually (1St week of Set direction, formulate Committee February and 3rd week of recommendations, discuss issues March of each ear Elected Officials Oversight Every year (2° week of July Set direction, formulate Committee (EOOC) of each year) recommendations, discuss issues regarding school concurrency, reach understanding Review School District's Five-Year Facilities Work Program School Planning Technical As needed Advisory Committee (SPTAC) Evaluate each potential school site and prepare an initial evaluation report Prepare an Impact Assessment Statement (IAS) and Economic Analysis (EA) for each short listed school site Citizen Oversight Committee 1st week of April of each Evaluate and assess the (COC) year effectiveness of the Interlocal A reement F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 40 APPENDIX 'C' SCHOOL SITE SELECTION FLOW CHART School Board identifies need for a new school and directs the School Board Site Selection Committee (SBSSC) to conduct a search for a new school site. Once one or more potential sites are identified, the SBSSC then directs the School District Director of Facilities Planning and Construction to provide a site or a list of potential sites to the SPTAC. Multiple Potential Sites 1 1 Single Site Within 14 days, the School Planning Technical Advisory Committee (SPTAC) meets to review the potential school sites. 1 Within 30 days after the SPTAC meeting, the SPTAC prepares an initial evaluation report for each potential site, reviews sites for consistency with local comprehensive plans, submits reports to the School Board Site Selection Committee (SBSSC). 1 The SBSSC develops a short list of sites based on the SPTAC analysis and directs the School District Director of Facilities Planning and Construction to provide a short list of potential sites to the SPTAC. Within 14 days, the SPTAC prepares Impact Assessment Statement (IAS) and Economic Analysis (EA) for site(s). SPTAC ranks short listed sites (if applicable) and provides finding of consistency with local comprehensive plan, IAS, EA (if applicable), to the SBSSC. 1 The SBSSC makes a recommendation to the School Superintendent. 1 The School Board officially approves the site and authorizes acquisition of the site. F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Upda[es\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 41 APPENDIX `D' For Schools within the Unincorporated County INDIAN RIVER COUNTY LDR SECTION 971.14(4) Educational centers including schools, primary and secondary (not including business and vocational schools) (special exception). (a) Districts requiring administrative permit approval (pursuant to the provisions of 971.04): OCR, MED, CN, CL, CG. (b) Districts requiring special exception (pursuant to the provisions of 971.05): A-1 A-2 A- 3RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10 ROSE-4 RMH-6 RMH-8 Con-1 Con-2 Con-3. (c) Additional information requirements: 1. A site plan which denotes the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914; 2. A description of the anticipated school service area and projected enrollment shall be provided; 3. A copy of all requisite licenses from State of Florida. (d) Criteria for educational facilities: 1. Sites for secondary schools shall be located near thoroughfares so as to discourage traffic along local residential streets in residential subdivisions. Elementary schools should be discouraged from locating adjacent to major arterial roadways; 2. For the type of facility proposed, the minimum spatial requirements for the site shall be similar to standards utilized by the Indian River County School District and the State of Florida; 3. No main or accessory building shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway. No main or accessory building shall be located within fifty (50) feet of any property line abutting a local road right-of--way that serves asingle-family area; 4. The applicant shall submit a description of anticipated school service area and projected enrollment, by stages if appropriate, and relate the same to a development plan explaining: a. Area to be developed by construction phase; b. Adequacy of site to accommodate anticipated facilities, enrollment, recreation area, off-street parking, and pedestrian and vehicular F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 42 circulation on-site including loading, unloading and queuing of school bus traffic; Safety features of the development plan; 5. No rooms within the school shall be regularly used for the housing of students when located in asingle-family residential district; 6. The facilities shall have a Type "C" buffer in the A-l, A-2, A-3, RFD, RS-1, RS-2, RS-3 and RS-6 districts; a. The Board of County Commissioners may waive or reduce the buffer requirements where the educational facility is located next to an existing cemetery, place of worship, child care facility, adult care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) maybe required. 7. The facilities shall have a Type "D" buffer in all other residential districts not listed in subsection 6 above. a. The Board of County Commissioners may waive or reduce the buffer requirements where the educational facility is located next to an existing cemetery, place of worship, child care facility, adult care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. F:\Community Development\UsersU,ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 43 APPENDIX `E' School Service Area Boundaries F:\Community Development\Users\LONG RANGE\CompPlan Amendments~Public Schools\UpdatesULA\FINAL IRC Interlocal A~~reemen[ -January 31, 2008.doc 44 APPENDIX `E' School Service Area Boundaries Continued ' t y ' ~ n ~~t~ r , ~ pO yQY . r _.. A`~n ~ O f ,. t „~,rpL ,a U~'' _. J 7, # P l` ~, i i a ,- ~~ ~ _ ~ ~ . 1 I J~J ~~ r ~ ~ - t. fi rlis g i _ ....,_,.. ..,_e i ii 1 «M-i N CS I ~ ~- ;/; -_ .-' ~~ ~ d ~~ . ~ ~ ,. ~ C! l+ .: U ~, ~ ~ ~, ,~; q~,y~a, ~~r ~ ~ ~~ o r~ ~ A ~ ~ , d "~ ~~~ ~ : ~" ~ ,u ~~R M. .ti ^ k k ". "~,~, 1 „W M °~' a~ ~~N 4 .. `~ aY ~ f k m:. ww " 6'.w _ 0 U ''~" ~ ~ c~ U ~.~ F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 45 APPENDIX `E' School Service Area Boundaries Continued F:\Comrmmity Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\UpdatesULA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 46 APPENDIX `F' Student Generation Multipliers A critical component of the school concurrency process is projecting the number of students that will be generated from with new residential development, a student generation multiplier was created. Because the number of students living in a housing unit varies depending on the type of residential housing, the student generation rate per residential unit is based on three housing types: single family, multi-family, and mobile home. Two key pieces of data were used to calculate student generation rates, including: the Geographic Information System (GIS) parcel file from the Indian River County Property Appraisers office with associated land use and attribute data (2005), and the GIS Point file based on the October 2005 FTE Survey data provided from the School District (for the school year 2005-2006). A spatial join was applied to these key files resulting in one database based on a common location. Once the data was joined, the student GIS Point file was assigned a housing type based on the closest proximity of a residential parcel to the GIS centerline point. Asa 100 percent student inventory (not a sample set), the volume of data used (16,857 geo-coded students) was large enough to offset occasional land use assignment errors. The student database was then sorted by grade and housing type. The student generation rate (multiplier) was then calculated by dividing the total number of students (by school type) by the total number of occupied dwelling units by residential type. The occupied dwelling unit counts are based on an average 10 percent occupancy rate applied to the existing unit count by type and reconciled to the permanent household count for year 2005. The student generation multipliers by residential housing type from the "Indian River County Student Generation Rates by Housing Type" report prepared by Fishkind and Associates, Inc. (May 24, 2006) are provided in Table 1 below. Table 1: Student Generation Rates, Indian River County, 2005 Single- Multi- Mobile All Unit Family Family Home Types Elementary 0.189 0.037 0.045 0.131 Middle 0.097 0.015 0.016 0.066 High 0.123 0.014 0.016 0.082 Total 0.409 0.066 0.078 0.279 Source: Fishkind & Associates, Inc., MAMCO, Inc., Indian River County School Board, Indian River County Property Appraiser F:\Community Development\User;\I,ONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 47 APPENDIX `G' School Concurrency Review Process Flow Chart Vested Concurrency Incomplete Application Application Submitted to Local Government. Application may be made at any time during the year Local Government initiates review. Determination of Application completeness and data sufficiency made. Application forwazded to the School District Written notice forwarded to Applicant specifying deficiencies Insufficiencies addressed by Applicant, and Application process re-initiated YES School District issues a School Concurrency Determination Letter identifying adequate capacity to local government and developer (no vesting or reserved capacity) Applicant pays School Local government Impact Fees to local notifies School government to vest the District within 10 development for 1 year. days when receiving impact fees to vest a residential Local government may extend project vesting to 3 years if the applicant signs a waiver of rights for refund of imnact fees development -- Application shall be reviewed by the School District to determine if adequate public school capacity is available to serve the development No Capacity Not Available School District issues School Concurrency Availability Determination Letter to local government and developer detailing why the development is not in compliance with adopted level of service and a 90 day mitigation neROtiation period is offered Applicant Chooses Mitigation Option to add sufficient capacity Local government may issue building permit or functional equivalent upon confirmation of adequate school capacity and the payment of impact fees Residential development approval shall be valid as long as the building permit or functional equivalent is active. Reviewed by Local Government and School District Mitigation Mitigation option option accepted not accepted File Appeal with Local Government. Local Government will schedule appeal before local governing body Local government does not issue the building permit or development order Appeal adopted Remedy the Application and resolve deficiencies and submit for another Concurrency determination Applicant withdraws application File appeal with the School Boazd as applicable Within 15 days School Boazd and Local Government will review the appeal and schedule a hearing in front of the School Board Within 30 days The School Board will consider the appeal Appeal Denied Appeal to Circuit Court F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\UpdatesULA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 48 APPENDIX `G' School Concurrency Review Process Flow Chart Conditional Concurrency (Vesting Not Allowed) Application submitted to Local Government. Application may be made at any time during the year (Comp Plan Amendments, Rezonings, Conceptual Development Plans, and Preliminary Plats). 1 Local Government initiates review. Determination of Application completeness and data sufficiency made. Application forwarded to the School District. Incomplete Application Written notice forwarded to Applicant specifying deficiencies. 1 Insufficiencies addressed by Applicant, and Applicant process re-initiated. 1 Complete Application Application shall be reviewed by the School District to determine if adequate public school capacity is available to serve the development. Yes. Capacity Available School District Issues a Conditional School Concurrency Availability Determination Letter Identifying adequate capacity to local government and developer (No Vesting or Reserved Capacity) No, Capacity Not Available School District issues Conditional School Concurrency Availability Determination Letter to local government and developer detailing why the development is not in compliance with adopted level of service. School District lists options for developer to vest the project during final Concurrency review (No Vesting or Reserved Capacity). F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Public Schools\Updates\ILA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 49