Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04082009
Cf1Y OF ± ,,;~~A-~"~'r11~~~1~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA (Revised*) REGULAR MEETING WEDNESDAY, APRIL 8, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION -Pastor Cooley, Calvary Baptist Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. 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. 09.062 A. *Presentation of Checks by Clambake Foundation: ^ City of Sebastian Flagpole Project ^ H.A.L.O. (Helping Animals Live and Overcome) ^ Sebastian Soccer Association 00.03 B. Certificates to Cynthia Schuster and Todd Klitenic for Natural Resources Board Service 09.063 C. Chris Pinson, Rotary Club -Relay for Life Information 09.064 D. Karen Diegl, Senior Resources - Go-Line 09.065 E. Announcement by Mayor -City of Sebastian Recipient of the Distinguished ~ Budget Presentation Award for the Current Fiscal Year by Government Finance Officers Association (GFOA) F. "Proclamation -National Telecommunicators Week -April 12 - 19, 2009 Brief Announcements A. Public Hearing on Comprehensive Plan Text Amendment Ordinance 0-08-10 originally scheduled for April 8, 2009 has been rescheduled to April 22, 2009 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 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. 3-1s A. Approval of Minutes - 3/25/09 Regular Meeting 09.066 B. Resolution No. R-09-15 -Abandonment of Easement - 751 Cody Avenue 17-33 (GMD Transmittal, R-09-15, Site Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 14 AND 15, BLOCK, 56, REPEAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2, PAGE 3; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 09.067 C. Resolution No. R-09-18 -Supporting Amtrak (City Clerk Transmittal, R-09-18, 35-41 Memo) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR CHARLIE CRIST AND THE FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDER PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA 09.068 D. Resolution No. R-09-19 -Airport Joint Participation Agreement (Airport 43-77 Transmittal, R-09-19, Letter, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO DESIGN, RUNWAY REHAB, LIGHTING AND MARKING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. THE DOCUMENT CONTAINS TWO PAGES. 8. 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. 9. PUBLIC HEARINGS 10. UNFINISHED BUSINESS 09.053 A. Resolution No. R-09-17 -Establishing Waterfront Committee (GMD Transmittal, 79-83 R-09-17) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY WATERFRONT COMMITTEE PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN EFFECTIVE DATE. 11. PUBLIC INPUT 12. NEW BUSINESS 09.019 A. Farmer's Market RFP (City Manager Transmittal, RFP, Agreement) 85-90 2 09.069 B. First Reading Ordinance No. 0-09-04 -Dog Park -Set Public Hearing for 91-94 May 13th, 2009 (City Attorney Transmittal, 0-09-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74, SECTION 74-4(a)(8) OF THE CODE OF ORDINANCES, RELATING TO DOG PARKS, PROVIDING FOR EXCEPTION TO GENERAL PROHIBITIONS, REGARDING DOGS IN CITY PARKS, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 09.070 C. COPS Hiring Recovery Program Grant (PD Transmittal, Worksheet, Application) 95-141 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 09.021 A. Billboard Update 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Gillmor B. Vice Mayor Hill C. Council Member Coy D. Council Member Simchick E. Council Member Wolff 17. ADJOURN (All meetings shall adjourn at 10:00 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live 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 IN ADVANCE OF THIS MEETING. Upcoming meetings: Apri122, 2009 Regular Meeting - 6:30 pm May 13, 2009 Regular Meeting - 6:30 pm May 27, 2009 Regular Meeting - 6:30 pm June 10, 2009 Regular Meeting - 6:30 pm June 24, 2009 Regular Meeting - 6:30 pm 3 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-09-05 Regular City Council Meetings Public input is ALLOWED under the headings: / Consent Agenda / Public Hearings / Unfinished Business / New Business / Public Input Public input is NOT ALLOWED under the headings: / Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); / Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); / City Council Matters / Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Chair to Control Meeting In controlling the meeting during public input, the Chair will take the following actions: / First Offense -verbal warning to move on. / Second Offense -offender is directed to be seated. / Third Offense (refusal to be seated or other disruptive acts -offender will be asked to leave the premises) Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. A SIGNUP SHEET IS LOCATED ON THE BACK TABLE FOR ANYONE WHO WISHES TO SIGN UP TO BRING NEW BUSINESS TO THE COUNCIL. IN THE EVENT A MEETING IS NOT FINISHED AND WE DO NOT GET TO "PUBLIC INPUT", AND YOU HAVE SIGNED THE SHEET, YOUR NAME AND SUBJECT WILL BE CARRIED TO THE BEGINNING OF THE NEXT AGENDA. Any provisions of the procedures resolution may be suspended for good cause by affirmative vote of at least three Council members. The good cause shall be stated on the record. 4 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-12 ] 0 312.977.9700 , fa.r: 312.977.4806 February 16, 2009 Mr. Al Minner City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Minner: I am pleased to notify you that City of Sebastian, Florida has received the Distinguished Budget Presentation Award for the current 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: Kenneth W. Killgore, Finance Director 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. Sincerely, Stephen J. Gauthier, Director Technical Services Center 09,05 Enclosure Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 Washington, DC 20004 202.393.8020 • fax: 202.393.0780 .r,. „ ., .. ~, a. r~ ATV ~~ ~~~__ ` HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 25, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3 Mayor Gillmor called the Regular Meeting to order at 7:36 p.m. There was a moment of silence. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Captain, Bob Lockhart Police Captain, Greg Witt MIS Systems Analyst, Rob Messersmith k :. ' ~~, 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 0 Regular City Council Meeting March 25, 2009 Page Two 6. 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. 09.054 1 09.055 A. Proclamation - Boys & Girls Club Mayor Gillmor read and presented the proclamation for Boys and Girls Club Week to Jay Bumgarner who invited the public to come visit. B. Presentation of Fiscal Year 2007-2008 Financial Statement by Harris Cotherman Jones, Price and Associates (Report Under Separate Cover) Ken Killgore, Finance Director, representing Harris, Cotherman, Jones, Price, and Associates, presented the Fiscal Year 2008-2009 Financial Statement. He stated there were no comments from the auditors. He said we are in the third year of a three year auditor contract and he will be coming back with information for rebid. Mr. Hill noted the City receives awards every year. Mayor Gillmor noted the City balances its books each month. Brief Announcements None. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 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. 3-12 13-20 09.056 21-23 09.057 25-42 09.018 43-51 L/ A. Approval of Minutes - 3/11/09 Regular Meeting B. Approval of Minutes - 3/18/09 Workshop C. Approve Fiscal Year 2009/2010 Budget Calendar (Finance Director Transmittal, Calendar) D. Acceptance of Official Filing of CRA Annual Report Required by FS 163.356 (3) (c) (Finance Director Transmittal, Report) E. Appoint David L. Hancock as City Special Magistrate for Code Enforcement as Per Terms of Agreement (City Attorney Transmittal, Contract, Resume) 2 Regular City Council Meeting March 25, 2009 Page Three 09.058 F. Resolution No. R-09-14 -Approving Flagpole Maintenance Agreement between IRC and the City (Airport Director Transmittal, Agreement, Exhibits Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CONSTRUCTION AND MAINTENANCE OF A MAST ARM FLAGPOLE; PROVIDING FOR THE ADOPTION OF A MAINTENANCE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND INDIAN RIVER COUNTY; DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND IMPLEMENT THE MAINTENANCE PROGRAM AS REFERENCED; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 09.059/08.010 G. Appropriate $90,000 from Stormwater Reserves for Additional Remedial Measures 65-67 Related to Collier Creek Project -Piping and Fill for a Portion of Wentworth Ditch and Additional Vertical Bulkhead Along Collier Canal (City Engineer Transmittal) 09.060 H. Authorize Mayor to Sign Accord Establishing the Indian River County Consortium for 69-70 Life Science Research and Technology Advancement (Accord) MOTION by Ms. Coy and SECOND by Mr. Hill to approve the consent agenda. Roll call on the motion was as follows: AYES: All NAYS: None Passed 5-0 8. 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. Ms. Coy reported on her attendance at the Beach and Shore Committee meeting noting the state funding to restore sector three, starting at Wabasso going south, has disappeared and suggested Council follow new technologies to save the beaches. 9. PUBLIC HEARINGS 08.052 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-08-01 - 71-99 Voluntary Annexation of Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15Acres (Growth Management Transmittal, 0-08-01, Minutes Excerpt, Atty Dill Letter)(Under Separate Cover: Three Ring Binder; Stapled 6-11-08 Backup) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ AD 3/10/09 & 3/17/09) Regular City Council Meeting March 25, 2009 Page Four 08.052 B. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-08-02 - 101-139 Land Use -Shadv Rest Mobile Home Park, 13225 US Hiqhwav 1 - 17.15 Acres - Riverfront Mixed Use (RMU) (Growth Management Transmittal, 0-08-02 DCA OCR's, IRC Utilities Letter, IRC Links Report)(Under Separate Cover: Three Ring Binder; Stapled 6-11-08 Backup) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.15 ACRES ,MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ AD 3/10/09 & 3/17/09) 08.052 C. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-08-03 - 141-147 Rezoning (Quasi-Judicial) -Shadv Rest Mobile Home Park, 13225 US Hiqhwav 1 - 17.15 Acres -Commercial Riverfront Zoning (Growth Management Transmittal 0-08-03)(Under Separate Cover: Three Ring Binder; Stapled 6-11-08 Backup) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH- 8) FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ AD 3/10/09 & 3/17/09) The City Attorney read titles of Ordinance Nos. 0-08-01 annexation/agreement, 0-08-02 comprehensive plan amendment, and 0-08-03 rezoning. He advised that the public hearing will cover all three ordinances on the same parcel of land, and since the hearing on the rezoning is aquasi-judicial matter he recommended swearing in all who will offer testimony at this time, and upon closing of the public hearing on all three ordinances, each ordinance should be voted on separately. He said if the annexation is approved, he will ask for a separate vote on the agreement. The City Clerk inquired if this was the time to disclose ex-parte communications in accordance with established quasi judicial procedures. The City Attorney stated that it would be appropriate to administer the oath at this time, however, because the first two ordinances, annexation and comprehensive plan amendment, are legislative, ex-parte communications can be disclosed prior to action on the rezoning Ordinance 0-08-03 which isquasi-judicial. City Clerk administered the oath at this time. The Growth Management Director deferred staff presentation to the applicant. Warren Dill, Attorney,1565 US 1, Sebastian, representing owners/applicants Ed Howland and Carol Wagner addressed City Council on the request for annexation, providing a brief background on the process from its beginnings up to now, said this is a good project for the City, cited the current tax revenue of approximately $8,000 and if developed at 200,000 sq. ft. in the future it could be $75,000-$100,000 a year, and recommended approval. 4 Regular City Council Meeting March 25, 2009 Page Five Mr. Dill described the process taken by Indian River County, cited the five year period in the annexation agreement began June 11, 2008. He said the owner's objective is to keep the park open, but they need the income from RV's to keep it going, that the remaining years will provide time for the residents to relocate, that a vast majority have signed petition at a rate of 88% approval, and the key to keeping the residents in their homes is to approve the agreement and allow RV's. ~'_ '~ ~ ~.s~,~'~~m &~ Public In Favor Carol Binka, secretary to the homeowner's association, thanked everyone who has helped the residents through this, and read her Gemini horoscope which said promises will be broken. Claire Ranahan, President of the Shady Rest Homeowners Association, said the residents hoped this would go through, that this is what is going to work for them for the next four years and asked for the approval to come back to the podium if need be. She noted there was a paragraph in the last agreement that has been taken out relative to "receivership", and questioned its removal. Ms. Coy said it was in paragraph 8 and she had questions about it for Mr. Dill. Ms. Ranahan said she had called apartments and other parks sites available about relocating and apartments were about $650 per month. She said the City needs affordable housing, and suggested developing the park further into affordable housing. Mayor Gillmor asked if there would be enough interest in taking some of that property and having an elderly housing development such as Grace's Landing, and Ms. Ranahan said yes. Ms. Simchick asked if the association attorney was present. Ms. Ranahan said the board members had met with the attorney last night and the members did not have any questions so they decided the attorney did not need to be present. Mr. Wolff said giving the residents a false hope of a future assisted living facility broke his heart, and pointed out it is to be zoned commercial riverfront. Ms. Simchick said Mary Jane Adams told her she has had a heart attack and there will not be comparable housing, and Council had asked the homeowners to have their legal counsel present so they can ensure the homeowners have been legally, properly advised. Ms. Ranahan pointed out it would be very difficult to get 100 people to agree on anything and most of the homeowners have ailments. Ms. Coy said she was aware the homeowners have been legally advised and she would give credit to the majority of the homeowners. `~J s Regular City Council Meeting March 25, 2009 Page Six Mayor Gillmor clarified that he mentioned elderly housing because there is a demand for this and a businessman could profit should someone decide to look into this. Mr. Hill asked that meeting procedures be followed and the audience should hold their applause. Public Opposed Wayne Bloom, said the residents are losing their homes and are being offered nothing for them, that Mr. Howland is in a position to make millions. He said a lot of people in the park have gone back and forth in their thinking on this issue, and said he did not feel they have been adequately represented by their attorney. He said he would like this tabled for more review. Ms. Simchick asked if their attorney attends their meetings, and Mr. Bloom said he has never seen her. She said restitution was discussed and in her mind, she has felt they were represented and now she is hearing the attorney was not in attendance. Mr. Wolff said he was not concerned about the owner's intentions, noting some of the homeowners' biggest investment is their home and they might lose it. Ms. Simchick said the two things she needed by the time of this hearing were the Dept. of Community Affairs (DCA) approval and to have the attorney present. She said she would have to defer her decision. Ms. Coy asked the City Attorney if Council could bind someone to bring their attorney and he said "no". Ms. Simchick said she knew they could not legally bind them, but she could support this if those two conditions were met. In response to Ms. Simchick, the City Manager pointed out page 96 in the audit depicting Wal-Mart's assessed value of $14 M and said Mr. Dill was in the ballpark with what the tax base would be if it was developed commercially. Damien Gilliams, Sebastian, said he received a letter from the Growth Management Dept. as an adjacent property owner, said there is a lot of money at stake, we are about to change the lives of senior citizens who don't have an attorney because they can't afford it, they have their life savings in their homes, said there is no reason there is not abuy-out in this agreement, and the City has a moral obligation to do the right thing. He said he was slandered by a member of Council because he defended these people, maybe there can be a stipulation in the agreement that the zoning stays multi-family. Ms. Simchick said maybe that would be a good idea. Mayor Gillmor pointed out the zoning does support multi-family already. Mr. Gilliams said again the people need representation, the property owner will make money, the City will make money, and the homeowners will get "oogats." Mayor Gillmor said this was unacceptable language and gave him a warning. U 6 Regular City Council Meeting March 25, 2009 Page Seven ~:~"~ r~: Mayor Gillmor called recess at 8:50 p.m. and reconvened the meeting at 9:03 p.m. All members were present. MOTION by Ms. Simchick and SECOND by Mr. Wolff to defer this issue until DCA approves the application. The City Attorney advised the motion should state to a time certain or no time certain, and should not be pinned to DCA. Ms. Simchick asked if contingent upon DCA approval it was not appropriate. The City Attorney further explained that there won't be another DCA report, we are not in negotiations with DCA, and the motion can't be based on that. MOTION by Ms. Simchick and SECOND by Mr. Wolff to defer for ninety days. Mr. Wolff asked what she hoped to achieve within the timeframe. Ms. Simchick said DCA has problems with water, if there is a hurricane the City might be responsible for debris removal, and she would like proof the homeowners were well informed. Ms. Coy said DCA is not going to come back to us, there won't be another interaction with them, and said during the recess she had phoned the homeowners' attorney, Mari Parsons, and Ms. Parsons confirmed there were four or five board members in her office yesterday. She said she had Ms. Parsons' permission to state this on the record. She said the attorney was not here tonight because it is a money issue. She said she is not prepared to support Ms. Simchick's motion. Mr. Hill added that he is not prepared to support this motion, that there are many people of sound mind who can make decisions, and is not in favor of dragging the homeowners through any more frustration. Ms. Simchick asked the City Attorney if the City's obligation, under F.S. 823, requiring comparable housing, has been met and the City Attorney said he could not answer that and honestly did not know. He said he had not been involved in any discussions relating to this. Ms. Simchick began to amend her motion, Mayor Gillmor reminded her there was already a motion on the floor and she asked the City Attorney if she could amend her motion. The City Attorney said there is no discussion on a motion to defer but she could change or delete the time frame, or provide a different condition that would trigger it coming back. Ms. Simchick AMENDED her MOTION and to defer to give the City Attorney time to review to determine if the requirement for substitute housing has been met and Mr. Wolff SECONDED the amendment. ROLL CALL on the amendment was as follows: AYES: Simchick, Wolff NAYS: Coy, Gillmor, Hill Failed 2-3 r~ ~"~ ~, ROLL CALL on the motion was as follows: b,'~ AYES: Simchick, Wolff NAYS: Coy, Gillmor, Hill Failed 2-3 7 Regular City Council Meeting March 25, 2009 Page Eight Mayor Gillmor called for a motion, and the City Attorney inquired whether the public hearing had officially been closed. Mayor Gillmor confirmed that individuals for and against had been called upon. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve Ordinance 0-08-01 approve the agreement between the City of Sebastian and the applicant and to execute that agreement. Ms. Coy asked why the paragraph 8 on receivership was taken out of the agreement since the last meeting and Mr. Dill said receivership was an issue recommended by the previous City Attorney and explained that in a bankruptcy there is no money but there are assets, and receivership appoints a manager to oversee the assets, and should Mr. Howland file there would not be money to pay a receiver. He said it is not reasonable for government to interfere is someone is filing bankruptcy. Mr. Dill further added that he had been called twice in the past two years from people who want to buy the property but Mr. Howland will not allow Mr. Dill to give out his number because he doesn't want to sell. Mr. Dill noted one phone caller was interested in developing an assisted living facility on the property. ROLL CALL on the motion was as follows: AYES: Gillmor, Hill, Coy, Simchick NAYS: Wolff Carried 4-1 MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-08-02 and authorize transmittal of the ordinance and supporting data to DCA for compliance. ROLL CALL on the motion was as follows: AYES: Gillmor, Hill, Coy NAYS: Simchick, Wolff Carried 3-2 Mr. Hill began to make a motion to approve Ordinance No. 0-08-03 and the City Attorney advised this was the time to disclose for the record ex-parte discussion relating to rezoning of the property. City Council members disclosed they each received a letter from resident Mary Jane Adams. Ms. Coy said she had provided a copy of this letter to the City Clerk (attached). The City Attorney asked if receipts of the letter affected their ability to vote on the zoning on the subject property. All but Ms. Simchick said "no". Ms. Simchick said "yes". He asked whether she felt she could not vote on this based on conversation that she had and she said that was affirmative, because someone will become homeless and indigent, and the City didn't meet the requirement to find comparable housing and since we did not postpone. The City Attorney said if she felt prejudiced against the applicant as a result of the letter, it would be inappropriate of her to cast a vote. He asked the other members if they could consider what was presented on the record tonight and in materials presented by staff and make a decision fairly and they said yes. He asked Ms. Simchick if she could fairly and impartially evaluate the evidence produced on the record before City Council tonight. Ms. Simchick restated she can fairly evaluate it but would not be in favor. ~~ Regular City Council Meeting March 25, 2009 Page Nine The City Attorney said the key is if the letter prejudiced her so much that she cannot fairly participate and she said no, that she could participate. The City Attorney asked members of the audience if they would anyone like to question any member of Council. Claire Ranahan, Shady Rest, asked Ms. Simchick if she knew there was a "for sale" sign in Mary Jane Adams home and would that make a difference in her opinion. Ms. Simchick said no, because she was sure there was a plausible outcome regarding that sale. Damien Gilliams, to Council Member Andrea Coy, asked if she had slandered Damien Gilliams in any way during the homeowner meetings at Shady Rest. The City Attorney said this question was not appropriate at this time. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-08-03. Mr. Wolff asked if we could change the zoning to multi-family to assist in providing an assisted living facility. `~^ '" Mr. Hill said his motion remains the same. Mr. Gillmor said the zoning change already allows for multi-family, eight units per acre. Mr. Wolff asked the Mayor if he would you be in favor of something like that. Mayor Gillmor said, personally, this would be too restrictive for the property owner. Ms. Simchick said this is the most serious matter that has come before her on Council, that people would be in the hands of the State, that if conditions had been met, she could have moved forward on this, cited that FS 823 mandates Council to provide housing, DCA has not approved this as yet, and the residents have not brought an attorney. She said if her peers had respected her wishes to wait she could have approved it. Mayor Gillmor said without the protection of the City the residents would have only six months notice, eventually the County would rezone, and the best scenario is that the City can protect them in the agreement. He asked when the ten years for the City set out in the agreement started ticking, and the City Manager said it was same time frame as the five years which began June 2008. Ms. Simchick added unless a future Council changes this. Mayor Gillmor said he didn't see anyone going back on this. Ms. Simchick again said she was disappointed that her peers did not allow more time so she could be comfortable approving this. Mr. Wolff said he didn't buy into the argument that the owner could dismantle in six months and apply for rezoning with the current County Commission. He said an attorney on each side could have negotiated some time of safety net, some type of buy-out for the people, noted the owner had an attorney to represent him. He agreed it was the most difficult decision and he did not have a problem with 90 days and another meeting. The City Manager directed Council to page 79 in packet, on page three of the agreement, the five years tied to the June 11, 2008 date and the 10 years is from the effective date of the annexation. ~ 9 Regular City Council Meeting March 25, 2009 Page Ten ROLL CALL on the motion was as follows: AYES: Gillmor, Hill, Coy NAYS: Simchick, Wolff Carried 3-2 Ms. Coy said she remains committed to assisting the residents to make this work and maybe we can be a role model for the State. Mr. Dill thanked Council, stating it has been a long, emotional journey but is in the best interest of the residents. 10. UNFINISHED BUSINESS 09.053 A. Direct Staff Regarding Establishment of Waterfronts Florida Partnership Committee - 149-192 Utilize Natural Resources Board with Modification to Ordinance or Establish New Permanent Board by Ordinance or Temporary Committee by Resolution (Growth Management Transmittal, Program Information Application Code Provisions Natural Resources Code) Mayor Gillmor said the genesis for this lies in the waterfront project, it is important to have something in place that would give direction and vision to the project. He said he felt there should be a committee in place whether or not we get to become a waterfront partnership city or not, should we get the waterfront grant. Ms. Coy said one grant requirement is that we fund a program manager for at least three years. Mr. Wolff asked if she was referring to the Stan Mayfield grant. Ms. Coy said it was on circle page 153, the waterfronts program partnership. Mr. Wolff said that is completely different, were we going to participate in that partnership program we would have to fund someone for three years. He expressed concern about funding an employee for three years just to receive $25,000 for two years when we are asking staff not to take pay increases, and said to commit to a three year position should take careful thought. The City Manager said he asked the Growth Management Director to prepare the transmittal and asked her to give a summary with the pros and cons of the program. Mayor Gillmor directed everyone to pages nine and ten of the CRA packet which cites F.S.163.356 (c) which states a community redevelopment agency can pay for personnel, administrative expenses, legal staff and policing innovations with CRA funds. Ms. Simchick said we are looking tonight to direct the City Manager or City Clerk to advertise for committee members, with each Council Member appointing a committee member with two members appointed at large. She said her appointee would have an historic specialty, and agree to an outline of the membership so we don't repeat. Ms. Coy suggested there be seven at-large members and no political appointees: a City representative, aChamber representative, two commercial fishermen, a CRA business representative, aresident at-large, and a historian or another resident. Ms. Simchick suggested the resident at-large have marine biologist or eco-tourism slant. ~~ 10 Regular City Council Meeting March 25, 2009 Page Eleven Mr. Hill recommended the CRA rep be someone with a business on the river. MOTION by Ms. Coy with a SECOND by Mr. Hill to direct staff to come back with an appropriate resolution or ordinance. The City Attorney advised direction to staff does not need to be a motion. The Clerk asked if this would be a permanent board. The City Attorney said that could be left open for now and let staff prepare an appropriate document. Mayor Gillmor said the committee should be in place whether or not we get the grant because we still need a committee. Mr. Wolff reiterated the plan is to get the committee in place, apply for the waterfront grant, and hire a program manager with CRA money. Mayor Gillmor said the manager could be part-time. Mr. Wolff said they frown on part-time. The City Manager asked the Growth Management Director to speak on what the committee can do and some pros and cons. The Growth Management Director said the application is structured so that the committee needs to be in place, and there are forms to show how you will fund the position, and you have to commit to a program manager for at least three years with some travel and training requirements. She said that she did ask the State if some communities have part-time managers but she has not heard back leading her to think the intent is to have afull-time manager. She explained the goal is, if selected, we would emerge with a "community designed vision plan:" - Environmental and cultural resource protection - Enhancing waterfront economy ~ .. , - Preventing losses from disaster ' ~~`' ~;~ - Public access to coastal working waterfront and resources The Growth Management Director said we are already accomplishing many of the plan's goals though different programs and it could prove to be lots of administrative work with very little funding in the end. Ms. Simchick suggested establishing the committee on April 8, then advertise, and appoint committee members on April 22 and still make the May 19th deadline. The Growth Management Director said there also have to be two public meetings which could be achieved by advertising the first as part of the Natural Resources Board meeting and the second in conjunction with the Earth Day celebration in Riverview Park. MOTION by Mr. Wolff and SECOND by Ms. Simchick to extend the meeting passed with a voice vote of 5-0. Mr. Wolff said everything sounds good, it is a complicated grant, and he asked the Growth Management Director for a cheat sheet available for the public meetings to clarify the pros and cons of the program, which would be helpful particularly when asking for public input. /~ 1 Regular City Council Meeting March 25, 2009 Page Twelve 11. PUBLIC INPUT Cindy Falco, Sebastian, said she has been trying to work within the community on a weekend noise factor coming from Earl's Bar until 12:30-1:00 a.m. in the morning. She asked for some kind of barrier or assistance. Mayor Gillmor said the City may already have an ordinance on the books for this. The City Manager advised her to call the Police Department. Mr. Wolff said he noticed in a recent ad that Earl's has a new stage and asked if this was permitted. The Growth Management Director said she would have to look at the site plan and it could possibly be a site improvement. Ms. Simchick advised anyone with noise complaints should call the Police Department's non-emergency line at 588-5233. Damien Gilliams, Sebastian, thanked the Mayor for showing up at his property to look at the derelict boats; apologized to the City Manager for not informing him of the road closing in front of his business because it was on Comcast channel 25; he also thanked the City Manager for the guard rail on Potomac; and noted the minutes from the last workshop has him listed as Mayor Gilliams. 12. NEW BUSINESS 09.061 A. First Reading of Ordinance No. 0-09-03 -New FPL Franchise Agreement -Set 193-207 Public Hearing for April 22, 2009 (Airport Director Transmittal Fee Payment Calculation) AN ORDINANCE GRANTING TO FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-09-03 by title. The City Manager gave a brief presentation noting the current franchise is set to expire in 2012, and described three changes and said FPL was present for questions. The City Attorney introduced Ken Rubin, Attorney and Amy Brunjes External Affairs Manager. Mr. Wolff said he asked the City Manager why they were coming in early and the City Manager said he did not think there was any downside to it and recommended moving forward. Mayor Gillmor asked the City Attorney if we get involved with green power and can generate some of our own power what effect would this have. The City Attorney said he wrote the green initiatives paragraph to say the City can benefit in a variety of ways, and the ordinance won't interfere in any way with our ability to generate our own power for our buildings, to purchase power generated by other methods. He said one thing you won't be able to do is become an FPL (utility) and pass power over their lines. MOTION by Mr. Wolff and SECOND by Ms. Simchick to set the public hearing for April 22 for j Ordinance 0-09-03. r ~ 12 Regular City Council Meeting March 25, 2009 Page Thirteen Roll call on the motion was as follows: AYES: All NAYS: None Passed 5-0 13. CITY ATTORNEY MATTERS The City Attorney thanked Council for appointing the new Special Magistrate, and said he will be meeting with Code Enforcement staff to prepare for the first group of upcoming cases. He also said he plans to add the cost of staff investigation to final orders. 14. CITY MANAGER MATTERS The City Manager reported that staff is looking into the mangrove trimming along Indian River Drive. He also reported the City received a $7,000 rebate check from the Florida League of Cities Insurance for "Success in Safety" measures instigated by employees and crews. Ms. Simchick asked him to follow up with Mr. Weatherford on the mangroves. 15. CITY CLERK MATTERS -~ None. ' ~ ._~ ~ 16. CITY COUNCIL MATTERS A. Council Member Wolff Mr. Wolff asked if the RFP for the farmers market could be on the next agenda and the City Manager said yes. B. Mayor Gillmor None C. Vice Mavor Hill Mr. Hill reported that he substituted for the Mayor and enjoyed serving Meals on Wheels for a day last week. D. Council Member Cov None E. Council Member Simchick Ms. Simchick asked that the Boys and Girls Club Youth of the Year be called back for future meeting. She said the Senior Resources Alliance plans to come to a future meeting regarding two additional bus lines for the Go-Line. 1~ 13 Regular City Council Meeting March 25, 2009 Page Fourteen She thanked James Spinelli for the map of historic downtown Melbourne which is what she would like to see in tourist booths and suggested that maybe MIS Systems Analyst, Barbara Brooke-Reese could design something similar since she worked on the Airport's flight path brochure. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 10:22 p.m. Approved at the April 11, 2009 Regular City Council Meeting. Richard H. Gillmor, Mayor ATTEST: ~~ ~;~~~~ ,~~ Sally A. Maio, MMC -City Clerk /~ 14 arr ar ~'~~~ FiolvlE of PE41ChN iSWdD City of Sebastian, Florida Subject: Resolution No. R-09-15 Agenda No. ~~C(, ~ ~~ ~} Vacation of Easement -Carpenter Lots 14 & 15, Block 56, Sebastian Department Origin: Growth Manage nt Highlands Unit 2 Purchasing/Contracting: Finance Director: City Attorney: City Clerk: A pro d for Submittal by: City Manager Date Submitted: 3/25/09 er For Agenda of: 4/8/2009 Exhibits: 1) R-09-15 2) Site Map/Survey 3) Staff Report 4) Application 5) Utility Letters EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY This is a request for a vacation of the side yard public utility and drainage easement located on the western five (5) feet of Lot 14 and the eastern five (5) feet of Lot 15, Block 56, Sebastian Highlands Unit 2, less the southernmost ten (10) feet thereof. The street address for the subject property is 751 Cody Avenue. The applicant wishes to place a shed over the property line in the rear in order to spare having to remove trees elsewhere on the double lot. This request does not abandon any part of the rear ten (10) foot public utility and drainage easement. RECOMMENDED ACTION Move to approve Resolution No. R-09-15. i7 l8 RESOLUTION NO. R-09-15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 14 AND 15, .BLOCK 56, REPEAT OF PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2 PAGE 3; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a shed at 751 Cody Avenue within the City of Sebastian; and WHEREAS, the owners of the land upon v~~hich said improvement shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED_BY THE COUNCIL OF THE_CITY QF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The western five (5) feet of Lot 14 and the eastern five (5) feet of Lot 15, less the southernmost ten (10) feet thereof, all being in Block 56, Replat of Portions of Sebastian Highlands Unit 2 Page 3, as recorded in Plat Book 6, Pages 88, 88A-B of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. /r Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of April, 2009. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Richard H. Gillmor, Mayor Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney za 7s1 Copy ~-V~ ~~ftsn~v DTs l~f ~ I s- ,&.K ~'~ I f9 */~ ~' b ~~~, ~. V I .. .. ~ ~~ .. ! .. ~: ~~ff '~~ '1 l`~ _ , ' ~ CO ~ ~ ~ S ~ o ~ ~' a .~ o ~ ~ . ~ ~, ~ o s ~ ~ ..T - ~ `~ ~ ~ ~° ~° Q~3g ~ ~ ~ " G p 4 ro 8 O ~-~ ~ ~ ~ ~ ~ ~ t0 ~ A ~ H /6 (S `9 ! L~ ~ o ~If F°' ~~ ~,~ ~_ .mss a..® ® .. ~. ~ .. ~...s A~ ~~ ~: ~~~. ~Qa ~. ~ - - ~ ~. ~. ~~ M~ ~~ ~.~ g ~ ~~~ .i ~n g ~c ~m t• ~, ~~ cn :J` ~~ Z~ 09/Z4/Ynn.~ lsor INIW 1. NOT VALD M[INOUT 7HE SiWi1Ql1RE IUD THE dSIQW. WV31FD S4AL OF A f1Olm~ LI(9GED SLI~IEYOR AIO IIAP-F7t.' . Oi 7}IE 90Np0 PARIY iAOWBIIFD~ 2 LAIDS SiIOMI NDIECN 1111E N01 . AB5IRACIFD WR RIOFIIS-OFMAY. EAgtLDtisol AEtiORD~ OR OIIIIF>iSIN~ THF71E WO/ BE ADDITIOIYIL fJ-~it5 TNEFEL'DAD %TIAT DO/PT V OH 1 IEGI OE5CRV110M IIAS PIlOYIDID 6Y CUENI 1. U~DEROROUND TOUMMTIONS. tlR711F3, NOOF OrFRIIPIlDS AID OuEAlIFAD WYIFS 1rE71E NOf LOG7fD S. 1LY:ORDf~R l0 NATEIINL t1DOD ~fYiHCE 1NP ps. 120N00070 TIIB !DT :ALLS M iL00D ?alE X a TIE Rawosc or TIa1 9t7RVEY B FLIT wnaelq F7{Adf~ID MD M01 FLR r~. T. lFJIR~ICS 5i10A1 Al1E A35tNlD BA1FD ON A tW BfA1i11C OF SEE'AO'3?E FDR TILE NORIM tJE OF 111E BtDL7t ~ ~ b Y2f7' qAT t IFi4t CORY AVENUE ~ _ ~_ _ 56!?~16'30"E 8rz00' PLAT too 58Y48 30'E ~wat Aro Ne75DOD'f 7Am' IFAS. R~ ~M AW Aon 80.0' PLAT tr 1lFdri. wn- or oaTT .d wiM or /urn I ~ ~II ~ fr ~ ~ I I ~ s Dam 1 t.D I I t AOK JA I ~a+ ' 4 I ( ~ ~ I ~. e t gas t 1.8 r,>ss ~ y ~~ I G P '. ~ ISO ~ r I IW ~ `' P (~ ;.b ~' I ~ A! V LOT /4 N,~ W g=~ i ~~ ~ i ~ i~ ~ x~ ~l a ~ ,~ a~ ~ ~ ~I ~ ~ . :- - ~-~ ~-~ -p ~=-- of .I- _.. I-- -~~L.L ~~ I '- --- SETH IIp~Am --~ ~, ro• ur,.,-•,ao cwu~wE r~rrlaovr ra aurr nw Lwv~+ae ~sa~rr Ad10 80.0' P1AT ~ AAEIr. ~'•° nbw~sa~ w. ee 1a AAEIS: r~~Ip p wa+ Am 58P48'.lOrE nM ~ ~ n S89V8'JO'M .8800' FLIT ~ ~ ~ a ~eN a- rwn ar ABM LOT C OJ ~~ LOT 5 a~• AS7 B.OCX yI dt fad d.OLX Sd , ~A, f~ VGW/lll 1 M\ PHONE 589-2815- '~~~ ~• ~P~°'~ ~~ G4~~:'.YTSl2 ANP Ld' SIARYEY 9JRVEY M7E a~uwaYsu~ iar~ BOIR~AHI( SURVEY r 1-a-2oo. 9525 SEAGRAPE DRNE for.' 1O3 D YERO" @EJICH' FIARIOuw; 32963 ~ + LOTS 14 do Y5 BLOCK 56 REPEAT OF PORTIONS OF S£QASTl4N HIGHLANDS UNIT 2 PAGE 3 ACCORDING TO THE PLAT 7HERE0I:" RECORDED /N PLAT BOOK 6 PAGES B8, 8&1-B OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, fLOR/DA. L.E~ . - lD ~ IDENnh7CAnox - CONQ CO/ .~7F ~ ,~, f~R1fY TlfO INS ,~,, ALTS ,~ wwtr 7lDN!'JL IOIIOMt6 d SET f'd1M M 7Nf -lL~~ ~ - SfT IRON ROD - SET /4 IRON R00 6arW0 of nootorowK nwuncns a WU~ N 751 CDOI' AVENUE nrr A ~ RO~O' "0~~~ °0°~ now +~i nzs nnrao~ >rimnrs N11Ff CAP PLS J477 . , SEBAS/L4N; FtAR1111 32958 - ~ = CpVTE77LJAIE - 517 FT. _ SOlt,4RE FEET ' ROOD ZOPE x - P - PL+r : - e ~ DEtrA - MOK= AlONUMEM NUMENr CJ1RL DE SHAY TOE ~ sultvEYOR /3477 - wrr..~non~= iwnv~s Mo S7ATE OF Fl.oR1DA -BLDG >: B(AIDWIi' M1CH+IEL J. GRPEMER - PK= PAIUCER KALON GUiOL C+IRPEMER - AC= NR COND/1lONER HARBOR FIDE7tAl: SAI?NGS BVJK - PC = P01lY/ OF C(/RMATt/RE fIRST AMERICAN 71TLE lNSURUVCE COMPANY SflRYEY uPG~tFA o-tt-a3 '~ -PCP= PERANNEN/" CON71?OL POIM f-EIOBOAK t t3 f cm a HOME OF PELlGN ISCAND ABANDONMENT OF .EASEMENT Staff Report 1. Project Name: Shed for Michael Carpenter 2. Requested Action: Abandonment of the (side yard) public utility and drainage easements located on the western five (5) feet of Lot 14 and the eastern five (5) feet of Lot 15, Block 56, Sebastian Highlands Unit 2, less the southernmost ten (10) feet thereof. 3. Project Location: a. Address: 751 Cody Avenue b. Legal: Lots 14 & 15, Block 56, Sebastian Highlands Replat of Unit 2 4. Project Owner: a. Name: Michael and Carol Carpenter b. Address: P.O. Box 780872 Sebastian, FL 32978 5. Project Agent: a. Name: same as above b. Address: 6. Project Description: a. Narrative of proposed action: Application has been made for abandonment of the (side yard) public utility and drainage easements platted between Lots 14 & 15, Block 56, Sebastian Highlands Unit 2. The applicant wishes to place a shed over the property line in the rear in order to spare having to remove trees elsewhere on the double lot. b. Zoning: RS-10 z3 c. Future Land Use: LDR d. Existing Land Use: double lot with single-family residence on Lot 15 7. Utili ties Comments: a. Florida Power & Light: approved b. Bellsouth: approved c. Comcast Cable: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved 8. Growth Management Department Comments: Property owner has a recorded Unity of Title for the two lots. If a future Release of Unity of Title is requested, the shed will have to be removed, and a new "grant of easement" will be required. 9. Staff Recommendation: Approve Resolution R-09-15 GJ2. Mc„rur Prepared by Z'f ~~~-o~ Date Permit Application No. MiF ~~~N Ci of Sebastian HOME OF PELICAN I9 ANA ~~VLIOIC]Itl"1 Pint nl'C11P_N ~1'ltlliratinn A licant If not owner, written authorization notarized from owner is re uired Name: ~~ l Address: ` / ~ ,r-~~Q~ ~ ~~~ ~i ~~ ~~ / Phone Number: (f~~h) GCa~f - ~ ~--1 ~ FAX Number: ( ) - 77 E-Mail: Owner If different from a licant Name: ~ ~ G'~I, Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1 /2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): ~o /f B. Sitelnformation __ _ _ _ _ _ _ ___ _ Address: ~~ ~ ~ ~ ~ / Lot: ~yt ~,~~-Block: ~-d Unit: ~ - Subdivision• , Indian River County Parcel #: ! - 3 ~ ya -- Y~txb/ - o _ ooo! S o Zoning Classification: (ZS -/O Future Land Use: L.p (Z Existing Use: Proposed Use: 05' ~ 1 C T' C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): - iv+x JHIt KtC~CIVtU:.1 /tom / v1 FEE PAID: $-oZS~O.c~-- /CRC) RECEIVED r$Y: ~_ ~~ ~ ~ 25 Permit Application No. D. Pro'ect Personnel: A ent: Name: Address Phone Number: ( ) - FAX Number: ( ) E-Mail: Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) E-Mail: En ineer: Name: Address Phone Number: ( ) - FAX Number: ( ) _ E-Mail: Surve or: Name: Address. _ __ Phone Number: ( ) - FAX Number: ( ) E-Mail: 1, tl-1~~~~~• J C+~~~ ~'Z ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: V I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. -~ _ 3 /d a SIGNATURE ~ DATE SWORN TO AND SUBSCRIBED BEFORE ME BY M(C I'~/f t~L. ~1 WHO IS PERSONALLY KNOWN IQ ME OR PRODUCED D 2 ~ AS IDENTIFICATION, THIS ~_ DAY OF /YJ~ . 20 G NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: Z G~ ,+~"v""+~ Comrn# DD0771481 k+es 81281'1012 E ~ ~Nt h`~~P I~~~~~i••~O~O~~l ~ y ~. F~~ ~ Aa$1'~ ~' f~~6i•G~~~~~~~~~~Nl~~~~Yl~~ Permit Application No. The following is required for ali comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, G~HE OWNER(S~ / -THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~~ iTk ~ 6(kN7C' / L BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AN IEW THE PROPERTY fN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PRO'~MjI~SES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by __ MtCH/}~Z, who is personally known t~me or produced fi. tyUtE as identification, this 10 _ day of Y-'lf~2Cf} Notary's Signature I Printed Name of Notary Commission No./Expiration Seal: ~ .ouronruurrurrrrsrr+rururaurae.ran . e ~~a""r""''a C.omrrt# DD0771481 s ~ • Expires 8/28/2012 ~ F1orids Notary Assn , kic Mu..ao...no..ranuu. u..uuuur.r...8 z?. Permit Application No. Supplemental Information Easements, vacation of CfiYOF _~! Y - _:-_ HOME OF PELICAN ISLAND 1. Describe the easement to be vacated (provide a legal description, if possible): ,~- e. 2. Why is this vacation of easeme..}n-t being reques/ted? /d~l Q"U /~~ Z8 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. Np~'. ~~c:~ t,~N ~~ ~ ?1.T~ ,~, t;111f OF ~,v:-- .. H4l~+tE OF PELICI~I+1 ISIANU 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 REQUEST FOR ABANDONMENT OF EASEMENT March 10, 2009 Description of Easement to be abandoned: The (side yard) public utility and drainage easements located on the western five (5) feet of Lot 14 and the eastern five (5) feet of Lot 15, Block 56, Sebastian Highlands Unit 2, less the southernmost ten (10) feet thereof. Location of Easement: 751 Cody Avenue, Sebastian, Florida UTILITY: Dave Fisher, City Engineer FAX NO: 589-6209 APPROVED: ~ DENIED: DATE: APPROVED/DENIED BY: COMMENTS: Return to:Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 388-8248. zq filar-20-2009 08:08am From-ST LUCIE SU CTR FPL +77Z 489 6266 T-610 P.001/003 F-941 03/11/2009 11:39 7723888248 CITY OF SEBASTIAN PAGE 61/02 OTT OF ~~~~ _ r,.1 ~ ~ ••,.~ .~ HC~ Q1' A>6LJCAN 651AKp 9225 MAIN STREET ^ SEBASTIAI4, FLORIDA 32958 TELEPHONE X772) 584-551$ ^ FAX (772) 388»$2d8 RE UEST 1~0~ A'B,ANbQNMEIYT QF EASEIIMENT, Maxch 10, 2009 ,Uescriotion of Easetnen~t to be abandoeed; Tlxe (stde yard) public utility and dtai9tage easements located on Ikea western >tive (5) feet oi~I,ot .l4 and the.easteru fivc (5) feet of l:.ot 15, Block 56, Sebestiace Highlands Unit 2, less the sotYtbammOSC ten (10) fcct thereof. Loca~Hon of Easement: 75l Cody ,Avenue, Sebastian, Florida ~~~,5~-' ~}tii-~ UT1LI~'X= Joseph Q'Hagan, FPL SAX NQ: (561) 691-Z],90 .APPROVID: ~ DEMEA: DnTE: ~I ~ 7 I ©~! AI'PROVEU/AED BX~~,II~` I s Q,#,~ VI~_~ n r~_~~~~~~ (s$~~'e) COMMENTS: ?r~etwriu to:Dorri Bosworth, City of Sebastian, Growth lv>tanageme,nt Acpart~rntent Fay No. (77~) 388-$?.48. 30 03i18i2009 08:16 03!11/2009 11:44 ENGINEERING -~ 17723888248 7723888248 772388$748 ~ CZTY OF SEBASTIAN cuter ~~~~~~ .:~. ':.r~ .. ~~~+~nfi QF N 1223 MAIN STREET r~ SEBASTIAN, FLORIDA 3295$ TELEPHONE (7'7'2) 589-351$ ^ FAX (772) 388.8248 M,az~h 10, 2049 R~EQ~U.1rST FOR .t~DANDONN~EN'I' OF E~45EM.~NT N0.910 D001 PAGE 01/02 ~~~~' MAR 18 2009 Deserintivn of Easement to be abartdomed: The (side yard) public utility and dzainage easements located oaa the we$terrr, fave {5) feet of i:.ot 14 and the eastern five (5) feet of Lot 15, Block Sb, Sebastian T~ighlands Unit 2, less the southernmost ten (IO) Feet thereof. l~ocataon of Easement: 751 Oody Avenue, Sebastian, Florida ~~uC ~~ ~ y~,~c UTYLITY: P7 c1-er, )~e~ South FA..SC N~: '172-466-565X APPROVED: ~ DI;I~iF.D: 1~,A,Ti3: AFP-ROVfDENTEp BY: - _ _ __ _-- _ _ _ (signatwre) Charles L Adams Area Manager CB,f~ COIvfMENTS: AT&T -Florida Retarn t4:Dorn Bosworth, Oity of Sebastign, Growth ~alga~ement DepartlpC,tept Fax No. (7'f2) 388-$248. 03/19/09 THU 10:57 FAg 772 567 8449 COMCAST 01/17/09 Tti$ 17:48 x'.~1X 772 567 8449 COHCAST di;1!l~~~q 11; a0 772'a8t382~3 CITY' CJF SEBASTIAN f31T p ~~'~~ .` ., MOa~ 4F P)Fllt~AN rS3J~N1J "-- 122SMAIN STREET ^ SEBASi'fAN. FLORIDA 32958 YEREpH ONE (772) 589-1118 ~ FAX (772) 3Bf3-8248 U F R AN d ENT OF E EME M~:h 10, 2009 f~001 ~ 001 FAGS k~l/F~2 DoK_cr_iption of basement _to_ be aUandoued: The (side yard) public utility and d~~na~e easements located on the weste~tt five (5) feet df ,Lot 14 at~d the easrern five (5) r",eet of Lot 15, Block 5G, Sebastian Highland8 1.14it 2, less th,e avuthernmost ten (10) feet thereof, ~,oca#ion pf )Easement: 7~1 Cody Avenue, Sebastian, Florida 'UTILITY: Cram Bo~ver-s/Coolric Shaw, Comcast Cable FAX NQ_ 778-9635 A1'PRQv$D: ~ DENIEb:_ ~ 1~ATE: '3-'I7 ~ ~ q APPRUVED/i7>NIED I3Y: G•~~" (si gnaturc) COMMENTS: Vi ~ ~ CC ~~Pl ~ ~u '~ m ~` Return to:Dorri ,)Bosworth, City of Sebastian, GiCOwth A'lla~agetnent bepartrrfen-t 1"suc i . ('1 y2) 358-8248. J Oa/19/2009 09:01 FAg ~ 001 03/11/26139 11:37 7723888248 CITY t7F SEBASTrAN way ei+n~ cQe~ ~~,5'~`~ ..~. Ole 1225 AAAIN STREEY ^ SEBAS'f1AN. FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 ROUES ~' OR AB,t1,NAONMI~NT OF ~ASENiEI~T March l d, 2x09 MAR ~ ~ 20p9 ~ ~~~~~ ~~s ~y~- pe cri tion of Easementt to be bandoned: The (side Yard) public i,t ility and drainage ease~otaez~ts located on the western. dive (S) feet o£T,.ot 1,4 quad the easten.t dive (5) feet of Lot 15, Block 56, Sebastian k)itghlands Unlit 2, less the southernmost ten (;I ~ ~) f~.t thcrcof Location ol` ~®semeBt#; 751 Cody Avenue, Sebastian, Florida ~TTTLTI'Y: Kevin N. Osthus, I.RC. Utilities FAQ NO: 7 i (~ ~4.3~ p APPROVBA' DENIBD: _ DATE• '",~ ~~~a APPR~VED/DENTBla BY. 4 ~• - (signature) COMMENTS: -. -~- Return to:Dorrit Bosworth, City o~ Sebastilan, Growth Manage~antentt I Department Fax Nv~ (772) 388-8248. 33 ~~ ~~ ~, -^ ^n F90ME OF FEL[~AN €SW~ID Subject: Resolution No. R-09-1 8 Agenda No: ~~ O {~~ Expressing Support for Intercity Rail Department Origin: City Clerk's Office Component of FEC Corridor Project A rov f r Submittal by: ~ City Clerk: City Attorney: Date Submitte :3/31/09 ° For Agenda of: 4/8/09 ger Exhibits: R-09-18, TCRPC Memo Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The Treasure Coast Regional Planning Council requests an adopted resolution of support for the Intercity Rail Component of the Florida East Coast Corridor Project as part of Florida's Economic Stimulus Plan. Mayor Gillmor requested consider of this request be placed on the agenda. RECOMMENDED ACTION At Council's discretion, move to adopt R-09-18 -Expressing the City of Sebastian's Support for Intercity Rail Component of FEC Corridor Project X35 RESOLUTION NO. R-09-18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR CHARLIE CRIST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDER PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA. WHEREAS, the FEC corridor was historically operated as a passenger rail line along Florida's east coast, traversing the Treasure Coast Region to urban areas such as Indian River County; and WHEREAS, Florida's east coast historically developed around train stations along the FEC railroad; and WHEREAS, local governments along Florida's east coast are currently implementing programs to redevelop historic downtowns built around train stations; and WHEREAS, improved mobility is highly desired in Indian River County and throughout the State of Florida; and WHEREAS, transit, including rail transit, is a key component of improved mobility, especially between cities and throughout Florida's east coast; and WHEREAS, the 2006 Florida Rail Plan identifies passenger transit along the FEC corridor as a potential "Coastal Route" for new passenger rail service in the State of Florida; and WHEREAS, Amtrak is well-suited to provide passenger rail service along Florida's east coast; and WHEREAS, the reintroduction of Amtrak service along Florida's east coast would provide near-term jobs and economic stimulus for Florida's residents and businesses; and WHEREAS, the Federal Government is seeking appropriate projects for inclusion in the Federal economic stimulus package to provide immediate and near-term job opportunities for projects; and WHEREAS, the Intercity FEC Corridor Project (Jacksonville/Miami) is an appropriate project for inclusion by the State of Florida in the American Recovery and Reinvestment Plan; and ~3 i~ WHEREAS, former work by Amtrak and FDOT includes plans for the improvements necessary to initiate Amtrak service on the FEC corridor; NOW THEREFORE, BE IT RESOLVED THAT: The City of Sebastian requests the assistance of Governor Crist and FDOT Secretary Kopelousos to prioritize the Amtrak/FEC Corridor Project (from Jacksonville to Miami) as part of the Federal economic stimulus package for the State of Florida. The foregoing Resolution was moved for adoption by Council member . The motion was seconded by Council member upon being put into a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Richard H. Gillmor and, Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney .~ $ TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 7 From: Staff Date: March 20, 2009 Council Meeting Subject: Resolution Supporting the Inclusion of the Intercity Rail Component of the Florida East Coast (FEC) Corridor Project as part of Florida's Economic Stimulus Plan Introduction The purpose of this item is to have Council adopt a resolution supporting the inclusion of the Intercity Rail component of the FEC Corridor Project (from Jacksonville to Miami) as part of Florida's economic stimulus plan. The project would enable Amtrak to operate passenger train service on the FEC Corridor between Jacksonville and Miami. Reintroducing passenger service on the FEC Corridor has been a high priority for Council since the early 1990s. The Strategic Regional Policy Plan encourages the creation of a balanced and integrated transportation system, with strong emphasis on a regional mass transit system. Since 1994, Council has adopted a number of resolutions supporting passenger transit on the FEC, within the Region and beyond, to complement on-going redevelopment efforts, improve mobility, and expand economic development opportunities (see Attachments A, B, C). Council's Model Economic Stimulus Project list included as part of the staff report to Council for the February 20, 2009 meeting specifically includes putting passenger rail service back on the FEC as an initiative that should be funded (see Attachment D). Background In early 2000, Amtrak, FEC, the Florida Department of Transportation (FDOT) and regional authorities agreed to a service concept to reintroduce passenger rail along Florida's east coast on the FEC Corridor. Thirteen preliminary station locations, primarily in downtowns, were identified between Jacksonville and West Palm Beach, including Stuart, Fort Pierce, and Vero Beach. The new Amtrak long-distance service was anticipated to utilize existing FEC tracks, with limited additional track sidings as needed. An interconnection in West Palm Beach between the FEC and Chessie and Seaboard (CSX) tracks would be required to accomplish Amtrak service south to Miami. This general alignment is included in the 2006 Florida Rail Plan, which was developed by the FDOT, as a potential "East Coast Route" for long distance and new corridor rail service (carrier unspecified), and illustrated in the map 1 39 graphic titled "Figure 5.6 Florida Intercity Passenger Rail Service Vision Plan ~ Coastal Route" (identified in blue on the map). ;yob Negotiations were nearly completed between Amtrak, FDOT, and the FEC. However, in 2002, the Federal government directed Amtrak to suspend negotiations pending revisions to Amtrak's budget and debt structure. It is Council's understanding the Federal loan provisions have been satisfied, and Amtrak began investigating new service alignments last year. In 2008, Amtrak's budget was nearly doubled to $13 Billion over five years (2009 through 2014), allowing the carrier to better expand its operations. The January 2009 economic stimulus legislation directs an additional $8 Billion to states specifically to develop new corridor and long distance services and is being acted upon by states across the country. Analysis Figure 5.6 Florida Intercity Passenger Rail Service Vision Plan: Coastal Route JACIf~4M'll{.E -- z SL FvputYnr n;rn~r'la. c+ado '1 rfmfas. a curt ar!+:uco ouuHpq r„~~a.~x. Cm.P.wab ; RJJyd 7AWA= Arb.cf:.... Mdr~aam. Vat 6aacn * #Nart -r ~,~ ~ ' rk~ NSlWm eroR u[~ rr raWgsara o i ~~ U1t~N~PmMy • N~AMI I ram ra~e ~ srAr Council discussions with Amtrak representatives indicate the Amtrak/FEC Corridor Project (Jacksonville to Miami) could be an appropriate project for Florida to request as part of the Federal economic stimulus package termed the "American Recovery and Reinvestment Plan." New long distance and intercity corridor service would complement on-going efforts in southeastern Florida, such as the current Tri-Rail service or potential new service to be recommended by the South Florida East Coast Corridor (SFECC) Study. The SFECC study is evaluating new service in the 85-mile FEC segment in Palm Beach, Broward, and Miami- Dade counties. The cost to carry out the Amtrak/FEC Corridor Project is estimated to be approximately $100 million. It should be noted that an Amtrak project would compete for a different source of Federal funding than either Tri-Rail or the SFECC project (Federal Railroad Administration funding versus Federal Transit Administration funding). Further, aJacksonville/Miami Amtrak project would likely include an interconnection between the FEC and CSX tracks in Palm Beach County, which could shift this capital expense away from a future SFECC- recommended service, thereby improving the cost/benefit ratio for a Palm Beach/Miami FEC service. Conclusion The reintroduction of passenger transit on the FEC Corridor throughout the Region is an important component of the successful and sustainable redevelopment of the Region. The reintroduction of passenger transit on the FEC Corridor has been a high priority of the Council for nearly two decades. As part of a larger state-wide transit system, expanded Amtrak service could provide enhanced inter- and intra-regional mobility as well as 2 economic development in coastal cities. Amtrak's regional rail service would complement the existing Tri-Rail service (commuter rail) as well as the intensive service proposed on the FEC Corridor in Palm Beach, Broward, and Miami-Dade. Recent discussions with Amtrak representatives suggest good potential for this project to be advanced if included as part of Florida's request for Federal economic stimulus money. Moving this project forward will require the State of Florida to include the Intercity FEC Corridor Project (Jacksonville/Miami) as part of its Federal economic stimulus request. The request should be initiated by FDOT, and Council should promote support among the Region's Legislative and Congressional delegation, the South Florida Regional Transportation Authority (SFRTA) and affected local governments along the FEC Corridor. If needed, Council staff would be available to assist with gathering land use, economic, and other relevant data as well as coordination with FDOT, the SFRTA, and other agencies as necessary. Council draft Resolution 09-04 which supports making this request, is included with this staff report. Recommendation It is recommended that Council: 1) adopt Resolution 09-04 supporting the inclusion of the Intercity FEC Corridor Project (Jacksonville/Miami) as part of Florida's request for Federal economic stimulus money; 2) transmit the resolution to the Governor, the Secretary of the Florida Department of Transportation, and Florida's Legislative and Congressional delegation; and 3) transmit the resolution to FDOT District 4, the South Florida Regional Transportation Authority, and affected local governments along the Florida East Coast Railway Corridor, with a request to adopt similar resolutions of support. Attachments 3 ~i o~ ~ ~~, i~.r- ,~` r ~ ' ~ ~ `` .~ ti -r , , i More or p~t~ es~ean AGENDA TRANSMITTAL Subject: Airport Runway 4/22 Rehab. Agenda No. ~) ~ _ Q (~~ , Department Origin: ici 1 Airport Ap ov f r Submittal by: Joseph Griffin • Finance Direct City Clerk: r, City Manager City Attorney: Date Submitted: April 8, 2009 For Agenda of: April 1, 2009 Exhibits:l. Resolution R-09-19; 2. FDOT November 20, 20081etter; 3. FDOT JPA EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $3,932 -0- REQUIRED: $3,932 SUMMARY Sebastian Municipal Airport staff was recently successful in securing a Joint Participation Agreement (JPA) from the Florida Department of Transportation (FDOT), Aviation Section for Runway Rehabilitation, Lighting and Marking. In early November 2008, the airport received its annual facilities inspection from the FDOT Airport Inspection Manager. For a long time, the airport has been operating with some non-standard deficiencies mostly centered with runway 4/22. As a result of that inspection, and a subsequent FDOT letter (Exhibit 2), airport staff embarked upon the mission of bringing the FDOT concerns into standardization. Negotiations have been ongoing with the FAA and FDOT to secure the grants necessary to complete the project. The attached FDOT Joint Participation Agreement (JPA) is the FDOT portion of the project and, along with the airport's participation (2.5%), is the first step in funding the complete project. At a future council meeting, a follow on to this transmittal will be the FAA participation agreement, which will represent $150,000 of the project cost, or 95% of the total. The agreement stipulates the FDOT will fund 2.5% of the project at $3, 948. The city/airport `match' would also be at (approximately) 2.5%, or $3,932. The total project cost is estimated at $157,880. RECOMMENDED ACTION l . Move to approve Resolution R-09-19 authorizing a Joint Participation Agreement between the FDOT and the City Of Sebastian for Runway Rehabilitation, Lighting, and Marking. 2. Fund $3,932 representing the Sebastian Airport `match' for the Runway Rehabilitation, Lighting and Marking project from airport operational funds. X31 ~~ RESOLUTION NO. R-09-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO DESIGN, RUNWAY REHAB, LIGHTING AND MARKING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. THIS DOCUMENT CONTAINS TWO (2) PAGES. WHEREAS, the Florida Department of Transportation has agreed to provide funding for Design, Runway Rehab, Lighting & Marking at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 426172-1-94-01 on behalf of the City, and is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Jim Hill Council Member Andrea B. Coy Council Member Dale I. Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of April, 2009. y5 CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk Mayor Richard H. Gillmor By: Approved as to form and legality for reliance by the City of Sebastian only: !~ Robert Ginsburg, City Attorney ~/ Florida Department o f Transportation CHARLIE CRIST GOVERNOR AVIATION OFFICE 605 Suwannee Street, MS 46 Tallahassee, FL 32399-0450 November 20, 2008 STEPHANIE C. KOPELOUSOS SECRETARY Mr. Joe Griffin Airport Director Sebastian Municipal 202 Airport Drive East Sebastian, FL 32598 RE: Inspection Results for Sebastian Municipal Deficiencies and License Renewal Dear Mr. Griffin: I am enclosing your new Airport License and a copy of the Airport Inspection Record from the inspection of your facility which was conducted on 11/6/2008. The following deficiencies require correction prior to the annual inspection to be conducted in November 2009. If corrections are not completed, your Public License may not be renewed. 1. Runway 4 designation marking, threshold bar, and centerline are 17 feet northeast of where they should be. Runway 4 should be resurveyed as marked or remarked correctly. 2. Runway 8 designation marking, threshold bar, and centerline are 5 feet east of where they should be. Runway 8 should be resurveyed. as marked or remarked correctly. 3. Runway 22 designation marking, threshold bar, and centerline are 2 feet southwest of where they should be. Runway 22 should be resurveyed as marked or remarked correctly. 4. Runway 26 designation marking, threshold bar, and centerline are 2 feet west of where they should be. Runway 26 should be resurveyed as marked or remarked correctly. 5. Runway 4 designation marking and threshold bar should be outlined with a black border at least 6 inches wide. 6. Runway 8 designation marking and threshold bar should be outlined with a black border at least 6 inches wide. www.dot.state.fl.us T ® RECYCLED PAPEF Mr. Joe Griffin November 20, 2008 Page 2 7. Runway 22 designation marking and threshold bar should be outlined with a black border at least 6 inches wide. 8. Runway 26 designation marking and threshold bar should be outlined with a black border at least 6 inches wide. 9. Runway 4122 centerline marking should be outlined with a black border at least 6 inches wide. 10. Runway 8126 centerline marking should be outlined with a black border at least 6 inches wide. 11. Runway 4122 edge lights are installed 21 feet from the edge of the runway. The edge tights and end lights should be relocated to 2 to 10 feet from the edge of the runway or the runway widened 11 feet on each side. '12. Runway 4 end lights are 17 feet northeast of where they should be. Runway 4 should be resurveyed as marked or the end lights repositioned correctly. 13. Runway 22 end lights are 2 feet southwest of where they should be. Runway 22 should be resurveyed as marked or the end lights repositioned correctly. All airport licenses issued in accordance with Chapter 14-60.006(2)(f), Florida Administrative Code, together with any conditions attached thereto, shall be posted in a prominent place at the airport. Any limitations on the use of the airport shall be posted adjacent to or on the license. In the event there are no buildings at the airport, the license and any conditions shall be displayed at the office or place of business of the caretaker or manager. It is the responsibility of the airport manager to ensure that airport records maintained by the Federal Aviation Administration are reviewed periodically and updated as necessary. These records provide pilots with essential safety and operational information prior to operating at your facility. These records are found primarily in two places, the Airport/Facility Directory and the Airport Master Record. Enclosed you will find an enlarged copy of the entry for your facility from the Airport/Facility Directory. Please use the Airport Inspection Record to update your entry. All Airport/Facility Directory corrections should be sent to the following address: FAA Aeronautical Information Services National Flight Data Center ATTN: ATO-R 800 Independence Av, SW, Rm 626 Washington, D.C. 20591 ~~) Mr. Joe Griffin November 20, 2008 Page 3 You will also find a copy of your Airport Master Record, FAA Form 5010-1. Please use the Airport Inspection Record to update your Airport Master Record. Corrections to this form should be forwarded to the FAA Orlando ADO, FAA Southern Region, and GCR & Associates, Inc. These addresses are listed below: FAA Southern Region Airports Division ATTN: ASO-600 P.O. Box 20636 Atlanta, GA 30320-0631 FAA Orlando ADO 5950 Hazeltine National Dr Citadel International Bldg Ste 400 Orlando, FL 32822-5024 GCR & Associates, Inc Corporate Headquarters 2021 Lakeshore Dr Ste 500 New Orleans, LA 70122 Should you have any questions or comments, please feel free to contact me at 850- 414-4507. Sincerely, - ~L ~ ~~--------- C David A. Roberts Airport Inspection and Safety Manager ~~ ~D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION os/o7 Page 1 of 14 Financial Project No.: 426172-1-94-01 Item-segment-p ase-sequence Contract No.: CFDA Number: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before June 30, 2011 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 & 332.007 , Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FDOT participation in a project to Design Runway Rehab, Lighting & Marking at Sebastian Municipal Airport and as further described in Exhibit(s) A,B,C,&D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 5~ Fund: DS Function: 637 Federal No.: DUNS No.: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: 596000427008 CSFA Number: 55004 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 157,880 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 3,947 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage ~ is ~ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 5Z- 725.030-06 PUBLIC TRANSPORTATION 06!07 Page 3 of 14 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. ~3 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (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, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. 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, 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 the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department 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, 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. 2. 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)(e), Florida Statutes, and Chapter 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 the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. ~~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Modal Development 3400 W. Commercial Blvd. Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort Lauderdale, FL 33309 ~5 s 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort lauderdale, FL 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 5~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 7 of 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Fort Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 5 ~7 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 8 of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. ~~) 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 59 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Cv ~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.7? Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one parry participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. ~~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 .year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2011 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development .Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. (~ Z 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. (~31 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 14 of 14 Financial Project No. 426172-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian AGENCY NAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE ~~ Exhibit D FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc...) 725-030-06 PUBLIC TRANSPORTATION 06/07 Exhibit D NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agencv Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. STATE RESOURCES State Agencv Compliance Requirements 1. 2. 3. Catalog of State Financial Assistance (Number & Title) Matching_Resources for Federal Programs Federal Agencv Catalog of Federal Domestic Assistance (Number & Title) Compliance Requirements 2 Amount Amount NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State r~rajects included in this exhibit be provided to the recipie ~ 5~ Fin. Proj. No.: 426172-1-84-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Airport PROJECT DESCRIPTION: Design Runway Rehab, Lighting & Marking SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A ~~ Fin. Proj. No.: 426172-1-84-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian I. TOTAL PROJECT COST: $157,880 II . PARTICIPATION: Federal Participation: FAAti FTA, UMTA, etc. 95.00% $149,986 Agency Partiapation: I n-Knd Cash 2.50% $3, 947 Other **Ma~amum Department Particpation: Primary(DS) (DDR) (DIM) (PORT) 2.50% $3,947 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $157, 880 ~~ Financial Project No. 426172-1-84-01 Contract No. Agreement Date EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal 8~ Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 (8/2/2007) relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain acost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 (8/2/2007) shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation 8~ Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request cone-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grantor allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. Joint Participation Agreement (JPA) Exhibit C Page 3 ~v (8;2;2°°7) C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing acost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. (8/2/2007) Joint Participation Agreement (JPA) Exhibit C Page 4 11 d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. Joint Participation Agreement (JPA) Exhibit C Page 5 (8/2/2007) c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports • Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, Joint Participation Agreement (JPA) Exhibit C Page 6 (8/2/2007) ~3 enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 7 ~~" (8/2/2007) Financial Project No. 4~F17~-~-A4-n~ Contract No. Agreement Date EXHIBIT D State A enc Catalog of State Financial Assistance (Number & Title) Amount FDOT 55004 -Aviation Development Grants $3,947 Authorization: Section 332.006 & 332.007 COMPLIANCE REQUIREMENTS Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); -Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); -Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; -Airport management studies and training; -Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: -Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); Joint Participation Agreement (JPA) Exhibit D Page 1 - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the Internet at www.dot.state.fl.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports ~viiit Participation Agreement (,lPA) Exhibit ~ ~~ %, Page 2 When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non- federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on- airport revenue-producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Joint Participation Agreement (JPA) Exhibit D Page 3 7~ CIiY CAF ~~~~~~ .- r HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. a. ~ Waterfronts Florida Department Origin: G Ap o for Submittal by: City ~~ ~„/ Attorney: City ,~ ' fir, City Manager ~-~5~" Clerk: Date Submitted: April 3, 2009 Exhibits: Waterfronts Committee Resolution R-09-17 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A Summary Attached is a resolution to create the Waterfronts Committee that would assist the City in a variety of tasks. Primarily, this committee would fulfill a requirement for the Waterfronts Florida Designation from DCA, as well as provide direction to the City for execution of the Stan Mayfield Working Waterfronts Grant. The application for the Waterfronts Florida designation requires that the City have a committee in place at the time of application (due date is May 19, 2009). If approved tonight, the City Clerk will advertise and hold the application period open for two weeks, with applications submitted to the City Council for approval at the May 13, 2009, meeting. If the council approves the attached resolution formulating a 7 member committee that would be constituted for three years, and then will be sunset; or the committee may be renewed or made permanent through an Ordinance. At the last meeting, a request was made to provide a "cheat sheet" synopsis of the Waterfronts Florida designation. Three communities are selected in each cycle, which opens in odd numbered years (i.e. 2007, 2009) for a competitive process. If the City is selected, the City may apply for funding from the State in the amount of up to $25,000 for up to two years (the funding is not automatic). ~~ While the Waterfronts Florida program was created to assist communities, the four goals are already being achieved through other programs that the City has initiated or participates in: • Retention of viable traditional waterfront economies -the City is achieving this through the Stan Mayfield Working Waterfronts Grant. The City has gone through amulti-year process with the Community Redevelopment Area Committee (CRAG) to write the Riverfront overlay portions of the Land Development Code and integrate those goals into Comprehensive Plan. It was during that process that the City also partnered with the Treasure Coast Regional Planning Council for the development of the Riverfront charette and design guidelines. • Hazard mitigation -the City has already lowered its ISO (Insurance Services Office) rating for flood hazards and participates throughout the year in the FEMA program including assisting citizens with flood insurance program information and assisting with requests to remove properties from the Flood Insurance maps. Both of these have a direct impact in reducing the amount of insurance premiums that property owners must pay. • Environmental and cultural resource protection -the City's waterfront is a part of the National Estuary and also is designated an aquatic preserve. As such, the City and Riverfront have a much higher standard for development and environmental protection than other communities. • Public access to working waterfronts and coastal resources -the City is achieving this through the Stan Mayfield Working Waterfronts Grant Additionally, the Chamber of Commerce and the City are working together on an Economic Development Element of the comprehensive plan. Financially, the return on grant funds and commitment to a program director has negative budget consequences. While it is possible that this position could be funded either through the General Fund or CRA fund, the staff cost of a full time position would lessen the City's ability to fund infrastructure improvements. Because the City is already working on many of the goals outlined above, without the additional positions and other programmatic costs, Staff recommends that the City not pursue the Waterfronts Florida program designation at this time. RECOMMENDATION Staff is recommending the Council approve Resolution R-09-17 but not pursue the Waterfronts Florida designation. ~o RESOLUTION NO. R-09-17 A RESOLUTION OF THE CITY OF SEBASTIAN FLORIDA, FORMULATING TEMPORARY WATERFRONT COMMITTEE PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has committed to revitalizing the waterfront amenities; and WHEREAS, the City recognizes that working waterfronts are valuable assets that contribute significantly to a community's health and image; and WHEREAS, the City desires Sebastian's waterfront to be developed and redeveloped in a manner that protect the environs yet stimulates economic development; and WHEREAS, the City wishes to support traditional water-dependent uses and new waterfront uses that protect natural and cultural resources; and WHEREAS, the City Council of the City of Sebastian determines that it would be in the public interest to have a temporary committee to advise the City Council as it develops targeted programs; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. TEMPORARY WATERFRONT COMMITTEE ESTABLISHED. The City Council of the City of Sebastian hereby establishes a Temporary Waterfront Committee. The purpose of the Committee shall be to study issues, hear presentations and provide recommendations to City Council on four specific priority areas: - Environmental and cultural resource protection - Enhancing the waterfront economy - Preventing losses from disasters - Public access to working waterfronts and coastal resources Section 2. PANEL COMPOSITION. The Committee shall be composed of seven at-large members to be selected by the City Council fulfilling specific targets; Committee members shall be appointed at the first meeting of May for the three years term. The Committee will consist of the following: 81' - One member a representative from the City (City Manager or his/her designee). - One member a representative from the Chamber of Commerce. - Two commercial fishermen. - One member with a business in the CRA District on the waterfront. - One member a resident at-large with marine biology and/or eco-tourism qualifications. - One member ahistorian/historic preservationist and/or a resident at- large. In the event that no suitable applicants are available from a designated constituency, an otherwise qualified at-large member may be appointed in their place. Section 3. PROCEDURES. The Committee shall hold its initial meeting at 6 p.m. on the second Monday following the initial appointment of its members, at which time it shall select a chairman, and shall thereafter set its own procedures and meeting schedule. Section 4. TERM. This committee shall automatically disband three years from the date of its establishment, or at such sooner date as established by subsequent resolution of the City Council. Section 5. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repeated. Section 6. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by The motion was seconded by vote, the vote was as follows: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff ~~J and, upon being put to a The Mayor thereupon declared this Resolution duly passed and adopted this day of April, 2009. By: ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney b3~ ~~ C11Y Of ~~ ~~ Gdt~fvlE Ctff PEL[U~.Pd E~U4J'JL~ AGENDA TRANSMITTAL Subject: Agenda No. ~,~ Department Origi it Mana er Farmer's Market RFP City Attorney: City Clerk: ' Date Submitted: 2 APR 2009 A o r Submittal by: ne , Cit Mana er Exhibits: Attachments EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 $0 SUMMARY Following upon previous Council discussion, enclosed for your review and direction is an RFP soliciting proposals from organizers that can plan/execute a Farmer's Market in Sebastian. The overall concept is to receive proposals from various organizers, rank them and bring back to Council to execute a formal Agreement (model Agreement is attached). Upon your approval, the RFP process can begin. The Office of the City Manager left many points open for Council input, but anticipated conducting a market once per month, in the eastern portion of Riverview Park. Bullet points for Council discussion may be (1) day and time of future events; (2) regularity of the event (i.e., weekly, monthly, quarterly, etc.) and, (3) location (an alternate location may be Jackson Street parking lot). Upon your direction those issues can be placed in the Agreement, or left to the discretion of the City Manager. RECOMMENDATION Seek discussion from Council and RFP approval to begin establishing a Farmer's Market. ~5 REQUEST FOR PROPOSALS FARMERS MARKET MANAGER THE CITY OF SEBASTIAN HEREBY REQUESTS PROPOSALS FROM .QUALIFIED PARTIES TO MANAGE A FARMERS MARKET AT A LOCATION TO BE MUTUALLY AGREED UPON WITHIN THE CITY OF SEBASTIAN. THE FARMERS MARKET MANAGER WILL SERVE AS AN INDEPENDENT CONTRACTOR, RESPONSIBLE FOR MANAGING; COORDINATINIG AND ORGANIZING A DIVERSE MIX OF VENDORS, TO ENSURE QUALITY AND APPROPRIATENESS OF PRODUCTS TO BE SOLD. THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL OF THE SET UP AND BREAKDOWN/CLEAN-UP OF THE MARKET. THE SELECTION PROCEDURE WILL BE BASED ON (1) EXPERIENCE IN ORGANIZATION OF SAID ACTIVITIES; (2) FINANCIAL BENEFITS TO THE CITY; (3) PROMOTIONAL PLAN FOR EVENTS; AND, (4) LOCAL VENDOR/ORGANIZER PREFERENCE. UPON THE FINAL SELECTION, A MANAGEMENT AGREEMENT WILL BE NEGOTIATED BETWEEN THE CITY OF SEBASTIAN AND THE SUCCESSFUL CANDIDATE OUTLINING SPECIFIC RULES AND REQUIREMENTS GOVERNING THE OPERATION OF A FARMERS MARKET IN THE CITY OF SEBASTIAN. ALL PROPOSALS WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 UNTIL (TIME AND DATE). ALL PROPOSALS ARE TO BE RETURNED TO THE OFFICE OF THE CITY MANAGER IN A SEALED ENVELOPE AND MARKED AS FOLLOWS: RFP: FARMERS MARKET MANAGER TO BE ACCEPTED: UNTIL (TIME AND DATE) Attention is directed to F.S. Section 287.133 (2) (A) "Public Entity Crime" which prohibits certain persons or affiliates who have been convicted of a public entity crime from responding to this invitation. A form is attached for execution and submission with a response to this RFP. A Drug Free Workplace Form is also attached for execution and submission with a response to this RFP. Failure to execute and submit the requisite forms with a response to this RFP will subject the response to disqualification. Questions concerning this RFP should be directed to AI Minner, City Manager, at 772-388-8203. Parties interested in submitting a response to this RFP agree to not contact or "lobby" City Council Members or any employee or agent of the City at any time during the solicitation period and selection process with the exception of directing questions /requests for clarification through the City Manager. Any other contact with the City in this matter will be considered inappropriate and subject a response to rejection !disqualification. The City reserves the right to reject any or all responses, waive any informality or irregularity on any response if considered non-substantial by the City, and/or to cancel this invitation at will. Responses received after the date and time stipulated herein will be considered late and therefore disqualified. By: AI Minner, City Manager ~8 ~ SEBASTIAN FARMER'S MARKET EVENT MANAGEMENT AGREEMENT CONTRACT FOR PURPOSES OF PROVIDING RENTAL SPACE This AGREEMENT is between the City of Sebastian (CITY) and Selected Market Manager (CONTRACTOR) for the operation of a Famer's Market on City property. Both parties agree that: 1. The CONTRACTOR may use the name "Sebastian Famer's Market" to conduct business for the display and sale of agreed upon product at the CITY-owned site designated for such use. 2. The Farmer's Market will be conducted on a site and at a time authorized by the City Manager or his designee. 3. The CONTRACTOR shall operate the market in accordance with the Rules and Regulations (Attachment A) set forth by the City of Sebastian. 4. The CONTRACTOR shall screen the vendors and their products to ensure quality and appropriateness and shall refuse unacceptable vendors and/or products that do not meet quality or appropriateness. 5. In the performance of work and services under this AGREEMENT, CONTRACTOR will comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this AGREEMENT that are applicable to CONTRACTOR, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 6. The CONTRACTOR is an Independent Contractor with respect to the services provided pursuant to this AGREEMENT, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work. Nothing in this AGREEMENT shall be considered to create the relationship of employer and employee between the parties. 7. CONTRACTOR shall remit to the CITY percent of the gross revenues collected from vendors for vendor space rental. Such remittance shall be made on the Tuesday following an event. Payments must be supported by a vendor reconciliation worksheet indicating vendor name, address, general product description and vendor space fee. 8. CONTRACTOR is responsible for collection, reporting and remittance of all sales taxes to the appropriate taxing authorities associated with any and all receipts payable to the CITY pursuant to the terms of this AGREEMENT and its attachments and/or addendums. 9. The CONTRACTOR shall be responsible for set up, operation of the market and breakdown/cleanup after and before each event. 10. The CONTRACTOR shall be responsible for all costs associated with advertising -all advertising copy and placement is subject to prior approval by the City Manager or his designee. 11. The CONTRACTOR shall be responsible for the placement, costs and servicing of a port- a-potty to serve market patron and vendors if required and/or requested by the CITY. ~~ 12. This AGREEMENT may not be assigned or sublet without the prior written consent of the CITY. Any attempt to assign or sublet this AGREEMENT without prior written consent of the CITY shall render the AGREEMENT null and void. 13. The CONTRACTOR hereby agrees to indemnify and save harmless and defend the CITY, its agents, servants and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any conduct or misconduct, act or omission of the CONTRACTOR, its agents servants, representatives, or employees in the performance of this AGREEMENT for which the CITY, its agents, servants or employees are alleged to be liable. 14. CONTRACTOR shall maintain in full force and effect during the life of the AGREEMENT, Worker's Compensation insurance covering all employees in performance of work under the AGREEMENT. CONTRACTOR shall make this same requirement of any of its subcontractors. CONTRACTOR shall indemnify and save the CITY harmless for any damage resulting to them for failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. 15. This AGREEMENT can be canceled by either party with written notice. IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the day of 2009. CITY OF SEBASTIAN ATTEST: Sally Maio, City Clerk APPROVED AS TO LEGALITY AND FORM: Robert A. Ginsburg, City Attorney WITNESS: Name: BY: AI Minner, City Manager CONTRACTOR: Name: ~y ATTACHMENT "A" REQUIREMENTS AND RULES GOVERNING VENDORS Farmer's market -Sebastian, FL Contract for Purposes of Providing Rental Space SPACE FEE AND SALES TAX: 1. Contractor is responsible for collection of vendor space fees. 2. Contractor is responsible for collection, reporting and remittance of all sales taxes to the appropriate authorities. 3. Five (5) days prior to market day event, Contractor shall provide a list of vendors (to include name, address, phone number and product descriptions) and fee charged to City. City reserves the right to approve or deny vendors. APPLICATION AND DEPOSIT: 1. All vendors must execute and agree to terms of operation as set forth herein. INSURANCE: 1. Contractor will ensure that all vendors provide a Certificate of Insurance naming the City of Sebastian as additional insured. Copy of insurance certificate must be submitted with payment of space fee. CURRENT OCCUPATION LICENSE AND SALE TAX IDENTIFICATION NUMBER: 1. Contractor will ensure that each vendor displays a current occupation license from an appropriate authority and sales tax identification number if applicable; a copy of each will be maintained on file by the Contractor for examination by the City as it determines necessary. COUNTY AND STATE HEALTH AND FIRE REGULATIONS 1. Contractor will ensure that each vendor complies with all health and safety regulations. Any vendor found to be in violation will be shut down and not allowed to operate. 2. Contractor will ensure that all applicable vendors provide their own fire extinguisher with proper inspection label and sufficient size to accommodate Indian River County Fire Regulations. 3. Contractor will inure that vendors provide a copy of Fire Resistance Rating Certificate for tent/fabric structure. Tents must pass Indian River County Fire Inspections. EVENT TIME AND SET-UP 1. Market shall be conducted at a time mutually agreed by the City and the Contractor. Market operations shall commence no earlier than 8:00 AM and cease no later than 5:00 PM. 2. Market set-up may begin at 7:00 AM. LOCATION OF VENDORS: 1. Booth space location shall be assigned at the discretion of the Contractor. CITY BUSINESSES 1. Established businesses licensed with the City of Sebastian that do not sell goods at market event may, at no charge, advertise at the event putting up tents to display fliers and/or other means advertisement. City businesses that participate in the sale of products at the market event shall comply with all vendor requirements. ~v ci~v ~~ HOME OF PELICAN ISLAND Subject: Ordinance 0-09-04 Dog Park Agenda No. ~ ~ . / ~ ,!~/~ Ap rov Submittal by: City Manager Department Origin: Ci y Attorney Finance Department: Date Submitted: 4/02/09 For Agenda of: 4/08/09 ~% Ezhibits: Ordinance No. 0-09-04 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A Si:fMMARY This Ordinance is merely a housekeeping item following City Council approval of a Dog Park. RECOMMENDED ACTION Approve Ordinance No. 0-09-04 on first reading and establish second reading and public hearing for adoption on May 13, 2009. 9i ~~ , ORDINANCE NO.0-09-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE 1, CHAPTER 74, SECTION 74-4 (a) (8) OF THE CODE OF ORDINANCES, RELATING TO DOG PARKS, PROVIDING EXCEPTION TO GENERAL PROHIBITION REGARDING DOGS IN CITY PARKS, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council has designated a certain parcel of park land within the City limits to be utilized for the purpose of a Dog Park; and WHEREAS, the current code regarding dogs in City Parks requires leashes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 74-4 (a) (8) of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 74-4. General Regulations for Recreational Facilities.'' (a) Prohibited conduct; unlawful acts. No person shall: (8) Cause or permit a dog or other domestic animal, other than a service animal within the scope of Fla. Stat. 413.08, to enter the area unless such pet is maintained on a leash of six feet or less. No dogs or other domestic animals shall be brought into any enclosed public-use facility except in accordance with the aforementioned statute. This subsection does not apply to City designated dog parks where activities are conducted in accordance with posted rules and regulations. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: by Councilmember ~.3 Mayor Richard H. Gillmore Vice-Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Dale I. Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2009. CITY OF SEBASTIAN, FLORIDA Bv: Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney The underlined portion constitutes the proposed amendment. 2 94 c~ r ~~ "' ~~ ~-::~ _~ _i: _ i` EiC11`~.':6 ~i PELI~AF~ 1~4.Atll~ A(tFNl7A TRANSMITTAL Subject: Cops Hiring Recovery Program Agenda No. r ~`~~ __ Depart nt Origin: Polic artment A ro d for Submittal by: Fi ce Director: City Clerk: er, City Manager City Attorney: Date Submitted: March 26, 2009 For Agenda of: Apri18, 2009 Attachment: Budget Worksheet COPS Hirin Recove Pro ram A lication EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A 0.00 REQUIRED: N/A L CTTMMARV On February 17, 2009 the Office of Community Oriented Policing Services (COPS Office) announced the availability of funding under the COPS Hiring Recovery Program (CHRP). The COPS Office has received funds from the American Recovery and Reinvestment Act of 2009 to address the sworn officer personnel needs of state, local and tribal law enforcement agencies. CHRP is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to' create and preserve jobs and to increase their community policing capacity and crime-prevention efforts. Up to $1 billion in grant funding will be available for the hiring and rehiring of additional career law enforcement officers. There is no local match requirement for CHRP, but grant funding will be limited to current entry-level salary and some fringe benefits packages only, and therefore any additional costs incurred to entry-level salaries and benefits for officers hired under the CHRP grant will be the responsibility of the grantee. CHRP grants will provide 100 percent funding for approved entry-level salaries and benefits for 3 years (36 months). Grantees must retain all sworn office~ositions awarded under the CHRP g ant for a period of one year (12 months) following the conclusion of grant funding. The retained CHRP fielded position(s) should be added to the grantee's law enforcement budget with State and/or local funds, over and above the number of locally funded positions that would have existed in the absence of the grant. The Sebastian Police Department is requesting application for (2) new full-time sworn officer positions. As noted above, additional costs incurred would be the responsibility of the City. See attached budget worksheet for a detailed explanation of estimated reimbursable expenditures, non- reimbursable expenditures and their budget implications. All applications must be received through the COPS website by April 14, 2009. RECOMMENDED ACTION Move to approve the CHRP application submittal for two (2) new full-time sworn officers, in the amount of $414,760, to the Office of Community Oriented Policing Services. c~~l ~+ mo'd' N O W N O O 00 CO 000 rn a) 0 ' ~ ~ 07 O N N N I~ O O M ~ f6 V d ~ ~ Q~ C ~ O op CO I~ N ~ ~ ~ .~ C O O ti N~ ~ ~ p r ~ ti ~ I- ~U o °~ m Q ~ ~ ~ ~ ~ ~ ~ ti ~ Y > O r M U N tiMa) (n J r r r U C N d' M N O N N r r O ~ ~ O r r r r M Ln ~ x 0 O Q OO 0 O N 0 M (6 I ~ r r N J ~ O C ' ~ O7 C ~ ~ ~ C ~ "' ' O ~ ~ ~ ~ O ~ O J ~ ~ -p c O +•~ ~ ~ a~ ~ - -~ V ~ • ~ O ~ morn ° c p~ ~. c i~ N d' ~ ti N O ._ O Q- ~ ~ ~ ~ tiorn '~ 0 0 L. Q ~ O U r r r ~ ~ L _ ~ O ~ O C C ~ ~ ~ ~' ~ r (O 0 O O = ~ ~ O p C ~ a)NOO O r d N U ~~ (D (n O ~ ~ ~ ~ co ti ~ a a c n ~~ > o o ~o L a i L ~ U U 0 m 0 0 ~ ~ ~ M _ ~ ~ Q ~~ L N O O ~ N 0 0 0 ~ a ~~ O ~ M M M ~ ~ U ~ O L U L U U N ~ _ ~ C N N ~ ~ ~ O O ~ r ~ _ ~ . ~ O O CO ~ ~ tL0 Cn ~ ~ > ~ v) v) a> > O O m ~ ~ ~ - ~ O ~ Q m Q . . v v U O E O (~ E ~ ~titi L L ~ o00 ~ 3 vS~' ~ ~ ~~~ o o ~ o 00o cn cn fl"` 3 - ~ o 0 o (~ ~ ~ ~ Y C '~- v N }~ Q ` ~ ~ (A N N Q ~ L L N ^ LL ~ ~ Y ~ v' v v M~ MM~ W W ~ a) ca co ca ~ v~ ~ ~n N ~ c U ~ N N N N N N O O ~ ° ~ > 'C M M M Cfl Ca (O O U O U ~. ~ •C M M M ~ •~ .L O N O N C _ to ~ ~L C 3 d _ (0 (6 L m f6 N C = O O '~ U O Q M N M N r 0 ~+ ~+ ' ~ U d M M M N N N (0 (6 U~ C UI O O N (B (Q ;~ ~ Q C C C O ~ N M M (6 N ~ '~ W 0 C 0 C '~ .~ fA ~ O COJ O O O j, T 'O U a)Ma) M M C ca O c~ ~~~ M M ~ N fB co air io is ~ ~ ~ ~ 3 ~ is ~- c -O ~ M M E 0 ~ U 3 ~ ~ O O N ' a~ ~~ c o U Q H F- L ~ a~ co ~ * ~ L r N M ~ ~ r N M _ ~ O W >-I Z ~ ~ ~7~ ~~J ~ V 00 O V M f~ O M M 01 M O I~ (D h V <O <~ N CD CO CO ~ O I~ ~ ~ V N ~ ~ ~ N ~ 41 :D O 1~ O O N to V f~ O ~ M N W ~O CO h M a ~ (D ~ 00 O ~ ~ O CD 00 N ~ CO ~ (O ~ ~ l0 ~ O t0 t0 O I~ h T O :^ V G ~ ~ W uy O eo Cfl ~ O O O M ~ V M r ~ ~t O N ~ N O N ~ M ~- N N N r M r ~ ~. OO N O M ~ (O a0 ~ OD M ~ 00 ~ V r '~ M ~ to N O N M O) N ~ N N V N V a ~ O `~' M V ~ ~O N V' V' O Q1 I~ O ~ r m ~ M r ~ O t0 ~ M ~ ~ O) ~O f~ O ~ N V V V I~ W 01 O O O O r I~ V Cfl V M 00 h M ~ ~ R N d0 O I~ r O m p N M ~ W O M M r O Q1 .- Of O ~ Z M ~ N N r ~ •.• cf3- LL ~ O O M m O O ~ ' N O O V M (O V I~ ~ V f0 s ~ O (O O M GO M O CO N ) t1 OD ~ V O m GO M ~ M N ~!'I ~ N O I~ ~ M t0 ~ ~ M tD r U7 -.7 N 6i O O O CO W CO O M I~ O t!') O ~ O ~ M M O (° N O ~ r r n O N CD `7 I~ r (O N O ~ R ~ O OD t0 I~ M ~: M Z N N V' I~ O M M r O ~ ~ O UT ~ O M r N ~ r T N r ~ .... ~Q~y W N O M m O CO O M M ~ M O N M V M O O d ~ O r tom() OM ~ O ~ ~' V O N O V W P M O ~ ~ O ~ M ~T O CO 00 V (D (O (D M N V M ~ O W :`~ ~ O W (fl ~ O O ~ ~ ~ O ~ ~ N r T _ CO O M M ~ O N r r O~ ~ M ~ N r r r N r I~ C O N O M O N O a' M O O O V M ~7 ~~ M h V ~ ~ W 00 O 1~ M N M O O N ~ O N ~ 00 ~ O r O O N ~ N M ~ O ~ O 'a' O M t0 c~ M M O N N O V N V R I~ M M O O) 00 O ~ ~'~ M ~ O _ ~ ~ V (D ~ (O O O ~ V 'V' 'ct d0 01 I~ r - N N O V ~ c0 M M ~ 00 00 ~ ~ ~ T r EA (~ t~ O O 6~ V' N O ~ t0 O ~ O O O op ~ ~ f~ Z _ N M N h 00 O V I~ ~ ~ O W Cfl M M ~' N O N ~' M (O N N N CO O O O O c7' N 4Y O O a r N Cfl N (O p O O V N 00 V N ~ M h- M O O O l0 CO O c0 I~ Z N 07 aD N ~ V (fl V M O O ~ V M ~ a0 O ~ O ~ ~ ~ } O M ~ N M M r N 00 M ~~ ~ LL LL M ~ N ~ O T r r ~ ... O O O --, _ r H M N N M O M I~ O O W V N aD O O O o0 ~O ~ O M O e0 O O O O 00 O 0 a0 m O In d' ~Y ~t O7 V V Q ~ O to M I~ i~ O M V ~ N M M N ~ O O N N r M O O M ~ m O O O ~ f 00 O r 1n CO ~ ~ N ~ ~ t~ ~ V (O C' (O O O ~ M M V W ~ <- O N O Q } N M ~ W M M W 00 M ~ 6~9 W LL M ~ N r O r } r r F Z ~ O O O V' V O O (O O ~ I~ V N O) O O O O ~ W ~ N O O O O n M O M ~ O O ~"- ~ O - '' W O In ~' OHO O O_ O O ~ ~ M M V 40 I~ N V ~ M V O tt N 00 M O O O m r O m O O ~ V GO N O M O I~ ~ N O a0 m 01 ~ ~ -:? O O n V N _ M N ~ C' M CO O O ~ M M V W O CO 00 - N O O cp d } O M V O M M OD _ r O ~ CD C1 _A b4 O LL (~") r N ~ r f V r r U p o0 0 0 o rn o O O 0 O 0 O 0 O 0 O o O rn ~ o O o O ~ ~ o M ~ o ~ ~ o O ~ O O O O O O N N ~ O M CO N ~('7 ~ O O O V n V M _: r (O N O N ' U'> I~ ~ ~ ~ ~ O ~ ~ N ~ ~ O O ~ ~ c~ _ m ~ N } u 1 N O M I~ M ~ ~ O N M ~ O M O) .- M M V 00 W ~ 00 O ~ aD CO _ a~ '- ~ h O ER p LL 'V' ~- N N r r n V r r Q 00 0 0 o rn o 0 0 0 0 o rn o o ti o ~ o o ~ o O ~ O O O N O O O O O O ' O ~ O O d' M a fA O O O O N ~ O M CD N ~ t! ) O (O O V n V M n O N ~ I~ ~ ~ a) ~ ~ N ~ ~ O O to ~ O N ~ ~ _ M ~ O m ~ M M ~ W ~ M ~ ~ } N M M O ~ j LL ~ r N N r r I~ V r r Z W w ~ U d ~ N c ° U c W O ~ j ~ ~ N C O ~ W ~ N ~ ~ ~ W W p ~ N N a. N Q' N ~ N ~ T Q 0 N C N Z ~ ~ g C N N Y C N Z X N LL ° °~ c ~ m o E ~ ~ c a~ ~ ~ > LL' m O ~ ~ m ~ ° ~ m a w m J LL m N E' N ~ r o LL m w v c X ti o U ~' H - 3 O W ~ m a °- U fO a i n c H o~ ~ N c n w X W W "' ° O ui v N . ~ ~ o f ~ D ~ a ~ ' v C Z w ° L ° N a~ ~ f6 C/1 N rn c m N ° ~ o L c ° n J Q C a~ a~ a 0 "- ~ cn Q n ~ u) J Q w N o - U ° ~ L ~ N N O L ~ L O ~ ~ > ~ w w ~ ~ ~ c _ O = > 7 N O O w ' f// U' I- LL ~ J LL fn U LL c d' U U O ~ O H Q d ~ O U U U N 2 U H d W v~ ~pu ~r -~+~~ rabc i vi i OMB Number: 4040-0004 Expiration Date: 01/31/2009 The following data is either non-applicable orpre-filled by the COPS Office based on your information. Please click the 'Next" button to continue. 1. Type of Submission: 2. Type Of Application: ' If Revision, c~ t-' "Other (SpE f ~ 3. Date Received: 4. Applicant Identifier: _ . _. _ _ _. E ~°x~r,~ 5a. Federal Entity Identifier: State Use Only: 6. Date Received By State: Save Next -Reminder: 5b. Federal Award Identifier: 7. State Application Identifier: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 1 of 21 Helpful Hints ~ CHRP_Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF~ ~ Nonsupplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements r~~ https://www.cops.usdoj.gov/chrp/SF424.aspx 3/20/2009 ~p(i~a~ic~r~ f~i~ ~ec~~ra6 ~~~s~an~~: ~F-4~~ x.71 -TLT 8. APPLICANT INFORMATION: 1 0.b1. 1 Vl 1 *a. Legal Name: Sebastian Police Department *b. Employer/Taxpayer Identification Number (EINffIN): 596000427 d. Address: *Streetl: 1225 Ma'tn St. Streetl: Sebastian *City: *State: FL - *Zip /Postal Code: 32958 Previous Save Next -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 2 of 21 Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nonsupplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements ~ D ,~ *c. Organizational __ DUNS: 087757977 https://vaww.cops.usdoj.gov/chrp/SF424-2.aspx 3/20/2009 Appii~ation f~l~ Federal l~ssi~t~nce ~F-4~4 J pplicati€~ f€~i~ F~~~faf ASSg~~~ gC~ ~F-~~~ e. Organizational Unit: Division Name: Department Name: Sebastian Police Departn N/A f. Name and contact information of person to be contacted on matters involving this application: Mr. Prefix: Middle Name: ~" ~~ "Last Name: Davis Suffix: Chief of Police Title: Organizational ~- Affiliation: "Telephone 772-589-5388 Number: '`Email: jdavis@cityofsebastian.org Previous Save Next -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be savec Page 3 of 21 ' ' ~, ~~ Helpful_H_.ints ~ CHRP Home ~ Application Guide ~ 424_I_ns_t_ructions ~ CHRP_A_pplication (PDF~ ~ _N.onsup Ipantin~C FAQ ~ Retention FAQ's ~ Program- and _F_nancal_Requirements 1 U3 'First James Name: Fax Number: 772-388-1872 i u~~. i vi 1 https://www.cops.usdoj.gov/chrp/SF424-3.aspx 3/20/200 SF-424 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: ~~ Other (Specify): 10. Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: ~_'~'_~ ;" ~i ~~~ CFDA Title: - 12. Funding Opportunity Number: ~- ~~ Title: ~~~ 13. Competition Identification Number: Title: *14. Areas Affected by Project (Cities, Counties, States, etc.): City of Sebastian, Florida. *15. Descriptive Title of Applicant's Project: 2 new police officers for community policing functions. Previous Save Next Reminder: Pag To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved ray Page 4 of 21 https://www.cops.usdoj.gov/chrp/SF424-4.aspx 3/20/2009 3F-424 16. Congressional Districts Of: *a. Applicant:. FL-016 17. Proposed Project: ~_..__-- "a. Start Date: 05/01/2009 "b. End Date: ''.05/01/2013 18. Estimated Funding ($): _------- "a. Federal $ 414760 b. Applicant $~ c. State $ d. Local $ e. Other $ f. Program Income $~~-`- -, g. TOTAL $ 414760 "b. Program/Project: FL-016 Page 1 of 1 Previous Save Next -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be savec Page 5 of 21 Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nonsupolanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements VJ / https://www.cops.usdoj.gov/chrp/SF424-S.aspx 3/23/200 ~r -~+~~+ "19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ~' Yes ~ No Previous Save Next ra~civii Process for review on -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 6 of 21 ;. Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nonsupplanting FAQ ~ Retention FAO's ~ Program and Financial Requirements /U(~ https://www.cops.usdoj.gov/chrp/SF424-6.aspx 3/23/2009 Apli~fiic;l~ fir F~ra~ ~~~iu~l~~.~ ~F-~2~~ SF-424 ~~e€?~~t~ ~r ~~r site, F-~~'4 Yage 1 of 1. 21. *By signing this application, I certify (1) to the statements contained in the list of certifications*~ and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances*" and agree to comply with any resulting terms if 1 accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) By clicking this box and typing my name below, I also certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by -aw to the federal government. (~ ""I AGREE ""The certifications and assurances as well as grant terms and conditions can be found at the end of the application Prefix: ~Mr. Middle Name: ~~ "Last Name: is D a v Suffix: ... _ .. . ~ `'`` "'' '' "Title: Chief of Police *Telephone N b ' 772-589-5388 er: um "Email: -- ~jdavis@cityofsebastian.oi "`Signature of James A. Davis Authorized Representative: *Applicant Federal Debt Delinquency Explanation "First 'James Name: Fax ---_-__-.~' Number: 772-388-1872 `Date 04/09/2009 Signed: The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. (07 https://www.cops.usdoj.gov/chrp/SF424-7.aspx 3/24/200 SF-424 Previous Save Next: Yage z of L -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 7 of 21 RECOVERY Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ NonsuPplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements `09 https://www.cops.usdoj.gov/chrp/SF424-7.aspx 3/24/2009 COPS Hiring Recovery Program (CHRP) General Instructions: Yage 1 of OMB Number: 1103-0098 Expiration Date: 09/30/2009 The COPS Hiring Recovery Program (CHRP) is a competitive grant program that provides funding directly to law enforcement agencies I primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime-prevention of funding is available to hire full-time career law enforcement officers. There is no local matching requirement, but grant funding will be bas agency's current entry-level salaries and benefits for sworn officer positions. Any additional costs for higher salaries and benefits for posi under the CHRP grant must be paid for by the grantee agency. In preparing your agency's grant application, please be advised that grantees are prohibited from reducing state, local, or tribal funding fc officer positions as a direct result of applying for and/or receiving this CHRP grant. Instead, this program is intended to supplement the ai state, local, or tribal funding that your agency would otherwise be able to budget for sworn officer positions. In addition, at the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHRP grant. The reta funded positions should be added to your agency's law enforcement budget with state and/or local funds, over and above the number of sworn officer positions that would have existed in the absence of the grant. To the extent possible, all data should come from a publicly verifiable source, and documentation may be requested by the COPS Office. information will be used to evaluate your jurisdiction's need for federal assistance to address its public safety needs and to preserve and Note: Listing individuals without ultimate programmatic and financial authority for the grant could delay the review of your application, or remove your application from consideration. A. Applicant ORI Number: l _: _ ~. B. *Applicant DUNS Number: X087757977 A Data Universal Numbering System (DUNS) number is required. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. For more information about how to obtain a DUNS number, please refer to the How to Apply section of the COPS Application Guide. C. *Central Contractor Registration (CCR) All applicants are required to maintain current registrations in the Central Contractor Registration (CCR) database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients. For more information about how to register with the CCR, please refer to the How to Apply section of the COPS Application Guide. Please note that applicants must update or renew their CCR at least once per year to maintain an active status. Does your agency have an active registration with the Central Contractor Registry? Yes ~' No If no, will your agency agree to have an active registration with the Central Contractor Registry before any COPS grant funding is awarded? ~~ q t' (l.J f https://www.cops.usdoj.gov/chrp/Sectionl .aspx 3/23/2009 COPS Hiring Recovery Program (CHRP) Page 2 of 3 D. ''GNIS ID: 2405438 Please enter your Geographic Names Information System (GNIS) Identification Number. This is a unique ID assigned to all geographic entities by the U. S. Geological Survey. To look up yourGNIS Feature ID, please go to the U. S. Board on Geographic Names website. For more information about how to obtain a GNIS number, please refer to the How to Apply section of the CHRP Application Guide E. Law Enforcement Executive/Program Official Information: For Law Enforcement Agencies: Enter the law enforcement executive's name and contact information. This is the highest ranking !aw enforcement official within your jurisdiction (e.g., Chief of Police, Sheriff, or equivalent). "Title: "First Name: ML Chief of Police w.. 'James !r` "Last Name: ~avis Suffix: '`Agency Name: _..~ _.._ Sebastian Police Department 'Street 1: ' 1201 Main Street Street 2: *City: .......... 'Sebastian *State: FL ~, "Zip Code: 32958 '`Telephone: 772-589-5233 Fax: 772-589-2207 '`Email: ' ~davis@cityofsebastian.org ----- '`Type of Agency: Municipal ~: F. Government Executive/Financial Official Information: For Government Agencies: Enter the government executive's name and contact information. This is the highest ranking official within your jurisdiction (e.g., Mayor, City Administrator, Tribal Chairman, or equivalent). "Title: ' Mayor "First Name: ..Richard MI: ,J" `Last Name: _. --- . . GillmOr Suffix: ".Agency Name: City of Sebastian "Street 1: 1225 Main Street Street 2: ~..~.. _.. .~.- _w._._~._ _ ..~... `City: Sebastian '`State: FL •Zip Cod / `O 132958 https://www.cops.usdoj.gov/chrp/Sectionl .aspx 3/23/2009 COPS Hiring Recovery Program (CHRP) Yage :3 of `Telephone: 772-388-8214 Fax: 772-589-5570 'Email: rgillmor@cityofsebastian.org 'Type of Government Entity: 'City ~.... _-_~- Previous Save Next. - ernrn er:------__.________ To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 8 of 21 Helpful Hints (CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application PDF~_ ~ NonsupQlanting_FAQ ~ Retention FAQ's ~ Pro ram and Financial Requirements ~(I https://www.cops.usdoj.gov/chrp/Sectionl .aspx 3/23/2009 Untitled Page ~~:~~nC~~l~i~l~i~ ~ ~--~. . ~~, .. _n Page 1 of 2 1. *Cognizant Federal Agency: Department of Justice Enter your jurisdicfion's Cognizant Federal Agency. A Cognizant Federal Agency, generally, is the federal agency from which your jurisdiction receives the most federal funding. Your Cognizant Federal Agency also may have been previously designated by the Office of Management and Budget. 2. *Fiscal Year: 0/01/2008 to 09/30/2009 ~~ (MM/DD/YYYY) 3. *Jurisdictional population as of the 2000 U.S. Census: 16181 ~~~~ ~~ Check here if the jurisdictional population is not represented by U.S. Census figures (e.g., colleges, special agencies, school police departments, etc.). (If checked, skip Question 4 and go to Question 5) 4. Enter the total jurisdictional population as of the 2007 Census Estimate. The Census Estimate can be looked up in the American FactFinder. '; 20339 5. *If the jurisdictional population is not represented by 2007 U.S. Census figures, please indicate the size of the population in 2007: Please indicate the source of this estimate:~~~ 6. *Do officers have primary law enforcement authority for this entire jurisdictional population? [An agency with primary law enforcement authority is defined as the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of crime within its jurisdiction.] If NO, what is the actual population for which your department has primary law enforcement authority? For example, your service population may be the 2007 Census Estimate minus the population of the incorporated towns and cities that have their own police departments within your geographic boundaries. . ~..., ~... ~. _ ~. ~.. ~. ~..... _..... _ W ,...,.. /.... 1. *Enter the Current Fiscal Year Budgeted Sworn Force Strength: -----u------- Full-time: 39 Part-time: 1 ~~d The budgeted number of sworn officer positions is the number of sworn positions your agency has funded within its budget, including state, Bureau of Indian Affairs, and locally-funded vacancies. Do not include unfunded vacancies or unpaid/reserve officers. *Enter the Current Fiscal Year Actual Sworn Force Strength as of the Date of This Application: Full-time: 38 ',~ Part-time:: The actual number of sworn officer positions is the actual number of sworn positions employed by your agency as of the date of this application. Do not include funded but currently vacant positions or unpaid positions. Previous Save Next Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved https://www.cops.usdoj.gov/chrp/Section2.aspx 3/23/2009 Untitled Page Page 9 of 21 Yage 1 of l Helpful Hints ~ CHRP Home ~ A Ipp ication Guide ~ 424 Instructions ~ CHRP Application (PDF~ ~ Nonsupplanting FAQ ~ Retention FAQ' ~ Program and Financial Re uq irements //3 https://www.cops.usdoj.gov/chrp/Section2.aspx 3/23/2009 COPS Hiring Recovery Program (CHRP) Yage 1 of :i Your agency may apply for COPS funds to use on or after the official grant award start date to hire new, additional officer positions (including filling existing unfunded vacancies) or rehire officers who have already been laid off, or are currently scheduled to be laid off on a future date, as a result of state, local or tribal budget reductions. Please base your application request on your agency's current anticipated needs for funding in these primary categories. Please also be mindful of the initial three year grant period and your agency's ability to fill and retain the officer positions awarded, while following your agency's established hiring policies and procedures. As described in detail in the CHRP Application Guide, it is imperative that applicants understand that the COPS statute nonsupplanting requirement mandates that CHRP funds may be used only to supplement (increase) a grantee's law enforcement budget for sworn officer positions and may not supplant (replace) state, local, or tribal funds that a grantee otherwise would have spent on officer positions if it had not received a CHRP award. This means that if your agency plans to: a. Hire new officer positions (including filling existing officer vacancies that are no longer funded in your agency's budget): It must hire these additional positions on or after the official grant award start date, above its current budgeted (funded) level of sworn officer positions, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual; b. Rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts: It must rehire the officers on or after the official grant award start date, maintain documentation showing the date(s) that the positions were laid off and rehired, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual; c. (c) Rehire officers who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts: It must continue to fund the officers with its own funds from the grant award start date until the date of the scheduled lay-off (for example, if the CHRP award start date is September 1 and the lay-off is scheduled for November 1, then the CHRP funds may not be used to fund the officers until November 1, the date of the scheduled lay-off), identify the number and date(s) of the scheduled lay-off(s) in this application [see below], maintain documentation showing the date(s) and reason(s) for the lay-off, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual. [Please note that as long as your agency can document the date that the lay-off(s) would occur if the CHRP funds were not available, it may transfer the officers to the CHRP funding on or immediately after the date of the lay-off without formally completing the administrative steps associated with alay-off for each individual officer.] Documentation that may be used to prove that scheduled lay-offs are occurring for local economic reasons that are unrelated to the availability of CHRP grant funds may include (but are not limited to) council or departmental meeting minutes, memoranda, notices, or orders discussing the lay-offs; notices provided to the individual officers regarding the date(s) of the lay-offs; and/or budget documents ordering departmental and/or jurisdiction-wide budget cuts. These records must be maintained with your agency's CHRP grant records during the grant period and for three years following the official closeout of the CHRP grant in the event of an audit, monitoring, or other evaluation of your grant compliance. The following tips are designed to help comply with the program and financial requirements associated with the administration of your grant. When completing the questions below, please base your responses on your agency's current (at the time of application) needs for funding in the three hiring categories (new hires, rehires of previously laid off officers, and rehiring officers who are scheduled to be laid off on a specific future date). CHRP grant awards will be made for officer positions requested in each of these three categories and recipients of CHRP awards are required to use awarded funds for the specific categories awarded. During the review of your agency's application, if the COPS Office reduces the number of positions you requested in the application, the /~~,(' COPS Office may contact you to obtain a new number of officer positions requested in each category. / .~- 'Howmany COPS officer positions is your agency requesting (total)? ~~~ https://www.cops.usdoj.gov/chrp/Section3.aspx 3/23/2009 COPS Hiring Recovery Program (CHRP) *How many of the positions do you anticipate will be: Yage Z of 3 a. To hire new, additional officer positions (including to fill existing vacancies that are no longer funded in your agency's budget)? b. To rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget reductions? 0 c. To rehire officers who are (at the time of application) currently scheduled to be laid off on a specific future date as a result of state, local, or tribal budget reductions? ~_ _a„~~..~... ~0 (# Positions) __~~,. Date of the scheduled lay-off for these officers If your agency has planned multiple future lay-off dates, please use the additional space below: ~,~,.~,._ _,_ _ ~.. _ .m (# Positions) Date of the scheduled lay-off for these officers (# Positions) Date of the scheduled lay-off for these officers Special Reminder for Rehired Officers: The CHRP program awards funding based on your agency's entry-level salary and benefit package. Any additional (higher than entry-level) salary and benefits expenses for rehired officers must be paid by your agency. Certification Regarding Scheduled Lay-Offs: If your agency plans to use CHRP funds to rehire officers who are currently scheduled to be laid off on a future date (under category c above), please certify (by checking the appropriate boxes) to the following: *Certification: ~~ My agency has and will maintain documentation showing the date(s) of the scheduled lay-off(s) and demonstrating that the scheduled lay-off(s) is/are occurring for fiscal reasons that are unrelated to the availability or receipt of CHRP grant funds (as described above). My agency will use its own funds to continue funding these officers until the scheduled date(s) of the lay-off(s) and will use CHRP funds to rehire these officers only on or after the scheduled date of the lay-off(s). lT My agency recognizes that the CHRP program provides funding based on our entry-level salary and benefits package and that any additional costs for rehired officers beyond entry-level are our responsibility to pay with other sources of funding. If an applicant receives an award, and after receiving the awards needs to change the hiring categories, it must request apost-award grant modification to change the categories of hiring and receive prior approval before spending CHRP funding by calling the COPS Response Center at 1-800-421-6770. The American Recovery and Reinvestment Act (Recovery Act) requires grantees to report their financial and programmatic progress within 10 days after the end of each calendar quarter. The Recovery Act reporting requirements are in addition to quarterly financial status report and quarterly programmatic progress report requirements. The COPS Office plans to request information from grantees consistent with Section 1512 of the Recovery Act, including collecting information on the number of new jobs created and the number of jobs preserved using CHRP funding. Awarded agencies will be required to submit information in a timely manner as a condition of the award. The COPS Office is then required to post data from grantee reports to Recovery.gov. Please be advised that the submission of r mmatic and https://www.cops.usdoj.gov/chrp/Section3.aspx ~~5 3/23/2009 COPS Hiring Recovery Program (CHRP) rage s of s financial reports on a timely basis is a significant condition of the CHRP grant and a violation of the grant requirement may result in termination of grant funding or other remedies. In order to aid in compliance with the reporting requirements, awarded agencies should be prepared to track and report CHRP funding separately from other funding sources (including other COPS and federal grants) to ensure accurate financial and programmatic reporting on a timely basis. Your agency should ensure that you have financial internal controls in place to monitor the use of CHRP funding and ensure that its use is consistent with grant terms and conditions. Good practices in this area would include written accounting practices, an accounting system that tracks all drawdowns and grant expenditures, and the ability to track when each CHRP position funded is filled or vacant (including if the position was for a new hire or a re-hire). Previous Save Next Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 10 of 21 .~.~~ ; . Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application LDF) ~ Nonsupplanting FAQ ~ Retention FAO's ~ Program and Financial Requirements /i~ https://www.cops.usdoj.gov/chrp/Section3.aspx 3/23/2009 COPS Hiring Recovery Program (CHRP) 1) 'Enter your law enforcement agency's total operating budget for the current AND previous two fiscal years. CURRENT FISCAL YEAR (2009) $ 4826931 PREVIOUS FISCAL YEAR (2008) $ 4680812 PREVIOUS FISCAL YEAR (2007) $4986078 2) 'Enter the total jurisdictional (city, county, state, tribal) berating budget for the current AND previous two fiscal years. CURRENT FISCAL YEAR (2009) $ 11850747 PREVIOUS FISCAL YEAR (2008) $12080223 u~ . PREVIOUS FISCAL YEAR (2007) $12079797 Yage 1 of 3) 'Enter the total jurisdictional (city, county, state, tribal) local) regenerated revenues for the current AND previous two fiscal years. Locally generated revenues may include locally generated property taxes, sales taxes and other taxes and revenue sources (for example, transportation taxes, transient lodging taxes, licensing fees, other non-property taxes and franchise taxes). CURRENT FISCAL YEAR (2009) $ 6234860 PREVIOUS FISCAL YEAR (2008) $ 5851135~~ PREVIOUS FISCAL YEAR (2007) $,6379207 4) *Enter the total jurisdictional (city, county, state, tribal) general fund balance for the current and previous two fiscal years CURRENT FISCAL YEAR (2009) $5568309 _ ~ ,., PREVIOUS FISCAL YEAR (2008) $~ 443254 PREVIOUS FISCAL YEAR (2007) $4663885 5)'`Since January 1, 2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through lay-offs: Civilian Law Enforcement Agency Personnel 0 Sworn Law Enforcement Agency Personnel ~....._._.__. . _ _. Other Government Agency Personnel 6) `Since January 7, 2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through furloughs that have lasted or are scheduled to last a minimum of forty hours per person over the course of a fiscal year: Civilian Law Enforcement Agency Personnel ~~~. % Sworn Law Enforcement Agency Personnel Other Government Agency Personnel ',~~~ ~ % 7) *Since January 1 2008 what percentages of the following employees in your jurisdiction (city, county, state, tribal) hav n reduced c to offrcial policies that limit your jurisdiction's ability to fill vacancies (i.e. hiring freezes): ) -7 1 ~ l https://www.cops.usdoj.gov/chrp/Section4.aspx /24/2009 COPS Hiring Recovery Program (CHRP) Civilian Law Enforcement Agency Personnel Sworn Law Enforcement Agency Personnel Other Government Agency Personnel Y._..~.. 15 ,.~.~~ Yage 2 of .5 8) *The U.S. Census Bureau American Community Survey (ACS) provides multi-year poverty rate estimates for communities. For jurisdictions with a Census population greater than 20,000, please go to the US Census Bureau's American FactFinder to determine the percent of families in poverty in your jurisdiction based on the 2005-2007 ACS. For jurisdictions below 20,000 in population or not represented in the U.S. Census, please select the nearest best match for your jurisdiction (for example, the county in which your jurisdictio is located.) Please see the CHRP Application Guide for additional information and help in using the American FactFinder. Percent of families in poverty 12.1 9) "The Bureau of Labor Statistic's Local Area Unemployment Statistics CLAUS) program provides monthly estimates of unemployment for communities. Please go to the Bureau of Labor Statistics' LAUS website to find detailed instructions for looking up your local area's unemployment rate. As with the previous question, it may be necessary to select the nearest best match to your jurisdiction (for example, city of fewer than 25,000 people may report their county level rate.) Please see the CHRP Application Guide for additional information and help in using the LAUS data. Percentage unemployed for January 2009 Percentage unemployed for January 2008 10.8 6.2 _ -.-. 10) "Indicate your jurisdiction's estimated residential property foreclosure rate for calendar year 2008. This rate should be calculated as tot number of new default and auction foreclosure filings and new bank-owned foreclosures (REOs) in 2008 divided by total number of residential households. 30 Check here if the information necessary to calculate this rate is unavailable. 11) Indicate if your jurisdiction has experienced any of the following events since January 1, 2008: ~~ Military base closure or realignment. ~~~ A declaration of natural or other major disaster or emergency has been made pursuant to the Robert T. Stafford Disaster Relief and Emergencey Assistance Act (42 U.S.C. 5121 etseq.). (~ A declaration as an economically or financially distressed area by the state in which the applicant is located (~ Downgrading of the applicant's bond rating by a major rating agency. I~ Has filed or been declared bankrupt by a court of law. ~ Has been placed in receivership or its functional equivalent by the state or federal government 12) "Indicate if, since January 1, 2008, your jurisdiction has experienced an unplanned, non-recurring, capital outlay or unanticipated loss c revenue that has had a significant negative impact on your jurisdiction's fiscal health? Yes ~` No 12a) If YES, please express the cost of this event as a percentage of your total current operating budget 10 and please describe the event (please limit to 350 characters): /' https://www.cops.usdoj .gov/chrp/Section4. aspx 3/24/2009 ~ COPS Hiring Recovery Program (CHRP) Yage 3 of 3 On 01/29/08, the people of Florida voted to save $10 billion in property taxes with the approval of Amendment 1. The impact to the City of Sebastian is the taxable values on properties dropped by $77,976,503. The City's total decrease in taxable values was $18.35%. The result was an estimated reduction of $414,930 in property tax revenues. 13) "`Using UCR crime definitions enter the actual number of incidents reported to your jurisdiction in calendar year 2008 for the following crime types: Criminal Homicide Forcible Rape Robbery Aggravated Assault Burglary Larceny (except motor vehicle theft) Motor Vehicle Theft 399 "Note: If your agency currently reports to NIBRS, or does not report crime incident totals at all, please ensure that your data is converted tc UCR Summary Data style. Please see the CHRP Application Guide or the FBI's UCR Handbook for more information. Previous Save 1 ~ Next -Reminder: - " To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 11 of 21 r ,~. ~, ~ ~ .~ .fin . j _ A Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nonsupplanting_FAQ ~ Retention FAQ's ~ Program and Financial Requirements ~i~ https://www.cops.usdoj . gov/chrp/Section4.aspx 3/24/2005 COPS Hiring Recovery Program (CHRP) 'rs~r~~~L ~'g8 k°£~£t Yage 1 of 4 COPS grants must be used to initiate or enhance community policing activities. Please complete the following questions to describe the types of community policing activities that will result from CHRP funding. You may find more detailed information about community policing at the COPS Office web site. '~~r. Community partnerships are on-going collaborative relationships between the law enforcement agency and the individuals and organizations they serve to both develop solutions to problems and increase trust in the police. My agency: "P1) Regularly distributes relevant crime and disorder information to community members. ~" does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant currently does, and plans to continue doing under this grant ~` currently does, and plans to expand/enhance under this grant 'P2) Routinely seeks input from the community to identify and prioritize neighborhood problems (e.g. through regularly scheduled community meetings, annual community surveys, etc.). does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant currently does, and plans to continue doing under this grant ~` currently does, and plans to expand/enhance under this grant ~P3) Regularly collaborates with other local government agencies that deliver public services. ~ does not currently do, and has no plans to implement under this grant ~" does not currently do, and plans to initiate under this grant ~' currently does, and plans to continue doing under this grant ~` currently does, and plans to expand/enhance under this grant "P4) Regularly collaborates with non-profit organizations and/or community groups. ~` does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant /~ ~ currently does, and plans to continue doing under this grant © ~ currently does, and plans to expand/enhance under this grant https://www.cops.usdoj.gov/chrp/Section5.aspx 3/25/2009 ~OPS Hiring Recovery Program (CHRP) ~P5) Regularly collaborates with local businesses. ~ does not currently do, and has no plans to implement under this grant ~` does not currently do, and plans to initiate under this grant currently does, and plans to continue doing under this grant ~` currently does, and plans to expand/enhance under this grant 'P6) Regularly collaborates with informal neighborhood groups and resident associations. ~ does not currently do, and has no plans to implement under this grant ~` does not currently do, and plans to initiate under this grant currently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant .... Yage 1 of 4 Problem solving is an analytical process for systematically 1) identifying and prioritizing problems, 2) analyzing problems, 3) responding to problems, and 4) evaluating problem solving initiatives. Problem solving involves an agency-wide commitment to go beyond traditional police responses to crime to proactively address a multitude of problems that adversely affect quality of life. My agency: *PS1) Routinely incorporates problem-solving principles into patrol work. does not currently do, and has no plans to implement under this grant ~` does not currently do, and plans to initiate under this grant currently does, and plans to continue doing under this grant ~` currently does, and plans to expand/enhance under this grant "PS2) Identifies and prioritizes crime and disorder problems through the routine examination of patterns and trends involving repeat victims, offenders, and locations. ~' does not currently do, and has no plans to implement under this grant ~' does not currently do, and plans to initiate under this grant ~~ currently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant "PS3) Routinely explores the underlying factors and conditions that contribute to crime and disorder problems. does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant ~~ currently does, and plans to continue doing under this grant t., currently does, and plans to expand/enhance under this grant *PS4) Systematically tailors responses to crime and disorder problems to address their underlying conditions. does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant ~' currently does, and plans to continue doing under this grant '' currently does, and plans to expand/enhance under this grant https://www.cops.usdoj . gov/chrp/Section5.aspx ~~ r 3/25/2005 COPS Hiring Recovery Program (CHRP) ~PSS) Regularly conducts assessments to determine the effectiveness of responses to crime and disorder problems. ~` does not currently do, and has no plans to implement under this grant t°` does not currently do, and plans to initiate under this grant ~ currently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant I ~"r"a~af ~~:. ~ Yage ~ of 4 Organizational transformation is the alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem-solving efforts. My agency: 'OC1) Incorporates community policing principles into the agency's mission statement and strategic plan. ~` does not currently do, and has no plans to implement under this grant ~{ does not currently do, and plans to initiate under this grant currently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant *OC2) Practices community policing as an agency-wide effort involving all staff (i.e. not solely housed in a specialized unit). ~' does not currently do, and has no plans to implement under this grant ~` does not currently do, and plans to initiate under this grant currently does, and plans to continue doing under this grant t' currently does, and plans to expand/enhance under this grant 'OC3) Incorporates problem-solving and partnership activities into personnel performance evaluations ~' does not currently do, and has no plans to implement under this grant ~' does not currently do, and plans to initiate under this grant ~ currently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant az~g to >" ~~ __ ~~ ~ _~" g Wit;. ~°._ "Please describe your agency's implementation plan for this program (if awarded), with specific reference to each of the following element: community policing: (a) community partnerships and support, including consultation with community groups, private agencies, and/or other agencies; (b) related governmental and community initiatives that complement your agency's proposed use of CHRP funding; and (c) orga transformation -how your agency will use these funds, if awarded, to reorient its mission to community policing or enhance its involvemen commitment to community policing. This narrative will not be scored for selection purposes but serves, along with the previous questions, agency's community policing plan. Your organization may be audited or monitored to ensure that it is initiating or enhancing community po accordance with this plan. The COPS Office may also use this information to understand the needs of the field, and potentially provide for technical assistance, problem solving and community policing implementation tools. If your organization receives this CHRP grant funding, these responses will be considered as your organization's community policing plan. understand that your community policing needs may change during the life of your CHRP grant (if awarded), and minor changes to this pla made without prior approval of the COPS Office. We also recognize that this plan may incorporate a broad range of possible community pc strategies and activities, and that your agency may implement particular community policing strategies from the plan on an as-needed bas. /~ the life of the grant. If your agency's community policing plan changes significantly, however, you must submit those changes in writing to t Office for approval. Changes are "significant" if they deviate from the range of possible community policing activities identified and approve original community policing plan submitted with your application. https://www.cops.usdoj.gov/chrp/Section5.aspx 3/25/2009 ~OPS Hiring Recovery Program (CHRP) Page 4 of 4 y--~ ---- The Sebastian Police Department (SPD)fully embraced the COP P i osop y in as w to implement degrees of COP even though we are severely understaffed.SPD is now approx 20 t 25 positions short staffed.0ur crime rate is comparatively low but increasing every year faster than the expected rate of increase.We began COP by bringing in COPS specialists to educate our officers in the COP concept and was followed up by training our supervisors and command staff in advanced COP training.The results were changed in SPDs emphasis from 'evaluating officers on their statistics to that of problem solving. The officers are .encouraged to get out of their patrol cars and talk to the citizens.They report to their supervisors the problems they heard in their zones and together they work out solutions mak .......... .... ~ ... _... , ...~ .,. ,.......,.,. a... ~ _ ~ , ~ _ _. ~ _ ~ .._. i , _. ..~.. , ~ i. , .. ~ .,~ , _. ~ _-. , .,. ~ .a .. _. ,a ..i. , ~ ~. v. _ .. _ , ... a .. ~ .. `CP1) To what extent is there community support in yourjurisdiction for implementing the proposed grant activities? a) Minimal support b) Moderate support ~ c) High level of support ''CP2) If awarded to what extent will the grant activities impact the other components of the criminal justice system in your jurisdiction? ~` a) Potentially increased burden b) No change in burden c) Potentially decreased burden Previous. ~ Save , _ Next Reminder; ~To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 12 of 21 Helpful Hints ~ CHRP Home ~ Ap licp ation_Guide ~ 424 Instructions ~ CHRP Application (PDF} ~ Nonsupplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements https: //www.cops.usdoj . gov/chrp/Sections. aspx 1 Z3 3/25/2009 COPS Hiring Recovery Program (CHRP) rage t or t Applicants must plan to retain all sworn officer positions awarded under the CHRP grant for a minimum of 12 months at the conclusion of 36 months of federal funding for each position. The retained CHRP-funded positions should be added to your agency's law enforcement budget with state and/or local funds at the end of grant funding, over and above the number of locally-funded sworn officer positions that would have existed in the absence of the grant. At the time of grant application, applicants must affirm that they plan to retain the positions and identify the planned source(s) of retention funding. We understand that your agency's source(s) of retention funding may change during the life of the grant. Your agency should maintain proper documentation of any changes in the event of an audit, monitoring or other evaluation of your grant compliance. Please refer to frequently asked questions on retention. "Has your agency planned to retain all additional sworn officer positions under this grant for a minimum 12 months at the conclusion of 36 months of federal funding for each position? Yes <` No '`Please identify the source(s) of funding that your agency plans to utilize to cover the costs of retention from the checkboxes listed below: ~ General Funds Raise Bond/Tax Issue Asset Forfeiture Funds Private Sources/Donation Fundraising Efforts ~- Other (Please provide a brief description of the source(s) of funding not to exceed 75 words.) .Previous Save ~ Next -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 13 of 21 ~~~~... Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF~ ~ Nonsup~lanting FAQ ~ Retention FAO's ~ Program and Financial ReJc uirements /Zy https://www.cops.usdoj . gov/chrp/Section6.aspx 3/23/2009 COPS Hiring Recovery Program (CHRP) ~. ._ ._ t'age 1 of 1 OMB Number: 1103-0097 Expiration Date: 09/30/2009 -Instructions: This worksheet will assist your agency in reporting your agency's current entry-level salary and benefits costs and identifying your agen three-year salary and benefits request per officer position. Please list the current entry-level base salary and fringe benefits rounded to whole do/larfor one full-time sworn officer position within your agency. Do not include employee contributions. Please complete the budget worksheet(s) based on your agency's current annual first year entry-level salary and benefit package for your officer positions. Please be advised that CHRP funding must only pay for entry-level salaries and benefits. Any additional costs incurred fo entry-level salaries and benefits for officers hired under the CHRP grant will be your agency's responsibility. Note: Part-time positions will not be funded. Please refer to the CHRP Application Guide for additional information. `Previous Next -Reminder: - To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 14 of 21 i~ ~~ Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nonsupplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements ~zS https://www.cops.usdoj.gov/chrp/Section7.aspx 3/23/2009 Budget Worksheet ~ a. 11 Instructions: '~ Page 1 of 3 Please complete the questions below based on your agency's current first year full-time entry-level salaries and fringe benefits for your Ic officers. (You will be asked to project Year 2 and Year 3 increases below.) ~<'':'I~" ~: ~€.1€_ ~~;T~~S s,f;i€'i"s ~r~~,t.~~~ .lilr,.r~. 9_}~2 36968 ,~._~.._....~-.._._,_,~.~._. A. Current First Year Entry-Level Base Salary for One Sworn Officer Position $ .00 Please calculate the fringe benefit costs below based on the first year entry-level benefits for one sworn officer position. B. Fringe Benefits Cost % Of Base Additional Information ___ ~ 2292 6.2 *Social Security % ~ Exempt ~ Fixed Rate Cannot exceed 6.2 % of Total Base Salary. If less than 6.2%, exempt, or fixed rate, provide an explanation in "Part 2: Full-Time Swom Offi~ Information". $ 536 _ 1.45 *Medicare ~ Exempt ~ Fixed Rate *Unemployment Insurance /f exempt, check here: E J 1 ~~) $;128 / 0.35 Describe: __.. Vision Insurance Vision Insurance -~ % ~ W _._. __ $ 1706 ~ 4.61 Number of Hours Annually: *Sick Leave 96-- ~u:, g 6691 ~~ 18.1 *Retirement _~ w,~., $1745 ~` ~ 4.72 *Worker's Compensation % If exempt, check here: C~ $'~~ ~ ,I ~ ~ r-- Cannot exceed 1.45% of Total Base Salary. If less than 1.45%, exempt, or fixed rate, provide an explanation in the "Part 2: Full-Time Swoi Officer Information". $13224 35.77 "Health Insurance g44 r 0.12 *Life Insurance $1422 ~ 3.85 Number of Hours Annually: *Vacation hops://www.cops.usdoj.gov/chrp/BudgetWorksheet.aspx 3/23/2009 Budget Worksheet Page 2 of 3 __~..~ $', 767. 2.07 Describe: Dental Insurance -~ ~ ',,,.Dental Insurance~.._...~.~.....__ __ _. $181 ~~ 0.49 Describe: '.Disability Insurance Disability Insurance Total Current First Year Entry-Level Benefits for One Sworn Officer Position = $ 28736 C. Total Year 1 Salary $ + Total Year 1 Benefits = $ 65704 Part A Part 8 Based on the current first year full-time entry-level salaries and fringe benefits, please project Year 2 and Year 3 increases and use these i to calculate the full three-year salary and benefits amounts per sworn officer position that you are requesting through the CHRP grant. Your agency must maintain records documenting how it calculated its Year 2 and Year 3 projections (and, accordingly, its total three-year and benefit amounts per officer position) in its CHRP grant records throughout the grant period and for three years following the official clo the COPS grant in the event of an audit, monitoring, or other evaluation of your grant compliance. Year 2 Total Year 2 entry-level salary for one sworn officer position: $, 39371 Total Year 2 entry-level benefits for one sworn officer position: $ 29683 Year 3 Total Year 3 entry-level salary for one sworn officer position: $;41930 Total Year 3 entry-level benefits for one sworn officer position: $ 30692 Total Three-Year Salary for one officer position: $ 118269 X Number of Sworn Positions Requested 2 _$ 236538 Total Three-Year Salary Project Cost Total Three-Year Benefits for one officer position: $ 89111 X Number of Sworn Positions Requested 2 _ _..:_, _$ 178222 Total Three-Year Benefits Project Cost Total Three-Year Salary and Benefits for one Officer Position: $ 207380 X Number of Sworn Positions Reques _$ 414760 ~ Total Project Cost Previous Save Next _ .~_.._. v.: __~ _ .-_ Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be savec Page 15 of 21 12~ https://www.cops.usdoj.gov/chrp/BudgetWorksheet.aspx 3/23/2005 COPS Hiring Recovery Program (CHRP) °€.~ Yage 1 of 2 After completing Part 1 of this budget worksheet, answer the following questions. Be sure to answer EVERY question. Missing or erroneo~ information could delay the review of your agency's request. 1. If your agency's second and/or third-year costs for salaries and/or fringe benefits increase after the first year, check the reasoi in the space below: ~ Cost of living adjustment (COLA) ~ Step raises (~ Change in benefit costs ~ Other- please explain briefly in 150 characters or less 2. If an explanation is required for any of the following categories, please provide in the space below: 1) Social Security: 2) Medicare: Previous Save. Next -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 16 of 21 ~ ~o (~~ https://www.cops.usdoj . gov/chrp/BudgetPage3.aspx 3/23/2009 COPS Hiring Recovery Program (CHRP) Budget Category Category Total Line # A. Sworn Officer Positions $414760 .00 1 Total Project Amount $414760 .00 Total Federal Share Amount $414760 .00 a~~~ is Yage 1 of 1 Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: First Name *Last Name 'Title "Phone 'Email Previous ~ Save ~ Nexf J Debra Krueger HUMAN RESOURCES DIRECTOR -722-388-8202 dkrueger@cityofsebastian.org -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 17 of 21 Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF~ ~ Nonsupplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements Ilq https://vvww.cops.usdoj.gov/chrp/BudgetSummary.aspx 3/23!2005 COPS Hiring Recovery Program (CHRP) Page 1 of 3 Several provisions of federal law and policy apply to all grant programs. The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421-6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that: 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. ft will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements); 2 CFR Part 225 (OMB Circular A-87), 2 CFR 220 (OMB Circular A-21), 2 CFR Part 230 (OMB Circular A-1 22) and 48 CFR Part 31.000, et seq. (FAR 31.2) (governing cost principles); OMB Circular A-1 33 (governing audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 28 CFR Part 38.1; the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owners Manuals; and with all other applicable program requirements, laws, orders, regulations, or circulars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789 (d); Title VI of the Civil Rights Act of 1964, as amended (42 U. S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title I I, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non- Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. ~~ t~ B. If your organization has received an award for $500,000 or more and has 50 or more employees, then it has to prepare https://www.cops.usdoj.gov/chrp/Section8.aspx 3/24/2009 ~OPS Hiring Recovery Program (CHRP) Yage L of ~ an EEOP and submit it to the Office for Civil Rights ("OCR"), Office of Justice Programs, 810 7th Street, N.W., Washington, DC 20531, for review within 60 days of the notification of the award. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register (Volume 67, Number 117, pages 41455-41472), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 12. It will submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non-exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information collected from research participants. 14. Pursuant to Executive Order 13043, it will enforce on-the-job seat belt policies and programs for employees when operating agency- owned, rented or personally-owned vehicles. 15. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of 12 months following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy or appropriation as set forth in the Anti- Lobby Act, 18 U.S.C. 1913. 18. In the event that a portion of grant reimbursements are seized to pay off delinquent federal debts through the Treasury Offset Program or other debt collection process, it agrees to increase the non-federal share (or, if the awarded grant does not contain a cost sharing requirement, contribute anon-federal share) equal to the amount seized in order to fully implement the grant project. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. I~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached for s is true and https://www.cops.usdoj.gov/chrp/Section8.aspx ~ ~ ~ 3/24/200S COPS Hiring Recovery Program (CHRP) Page 3 of 3 accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. James A. Davis, Police Chief 04/09/2009 "Typed Name of Law Enforcement Executive (or Official with Programmatic Authority, as applicable) "`Date I~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Richard Gillmor, Mayor ,04/09/2009 "Typed Name of Government Executive (or official with Financial Authority, as applicable) *Date Previous ~ Save Next -Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 18 of 21 Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nonsupplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements X32 https://www.cops.usdoj.gov/chrp/Section8.aspx 3/24/2009 COPS Hiring Recovery Program (CHRP) ~ ~~= _~~~ Page 1 of 4 Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements Coordination with Affected Agencies Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 28 CFR Part 67, "Government-Wide Debarment and Suspension (Nonprocurement)," 28 CFR Part 83 Government-Wide Requirements for Drug-Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. n i<z. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. ~° `gin ~~~c1 ~.~. F ~. °a~bsli~, ~t:rs ~ir~a :~ As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867, Section 2867.437 A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within athree-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting ' 3~ https://www.cops.usdoj.gov/chrp/Section9.aspx 3/24/2009 COPS Hiring Recovery Program (CHRP) to obtain, or performing a public (federal, state or local) or private agreement or transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility. (iii) 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 (A)(ii) of this certification; and (iv) Have not within athree-year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default; and Page Z of 4 B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510 - A. The applicant certifies that it will, or will continue to, provide adrug- free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on-going drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining adrug-free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug- abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall include the identification number(s) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv) ~~ ~ (b), with respect to any employee who is so convicted - https://www.cops.usdoj . gov/chrp/Section9.aspx 3/24/2009 COPS Hiring Recovery Program (CHRP) (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). Page 3 of 4 B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) Check r if there are workplaces on file that are not identified here. ~r~ The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Agency Name and Address: Grantee IRS/ Vendor Number: 596000427 False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy avai-able by law to the federal government. !.James A. Davis, Police Chief "Typed Name of Law Enforcement Executive (or Official with Programmatic Authority, as applicable): https://www.cops.usdoj .goy/chrp/Section9.aspx (~ 3/24/200 ~OPS Hiring Recovery Program (CHRP) Yage 4 of 4 ~~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing k certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlii assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information p my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, d~ contracts, and/or any other remedy available by law to the federal government. Richard Gillmor, Mayor "Typed Name of Government Executive (or Official with Financial Authority, as applicable) Previous Save, Next Reminder: To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 19 of 21 Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nonsupplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements ~3~C https://www.cops.usdoj.gov/chrp/Section9.aspx 3/24/2009 ~OPS Hiring Recovery Program (CHRP) i~ i Yage 1 of j -Instrucfions for Completion of 5F-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 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 ~ agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Men Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. C. items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Manac 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 Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District number, if known. appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify tl subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgr 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 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 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 Fed 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 F (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., "RFPD E-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal < 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 registrant identified influence the covered Federal action. (b) Enter the full name(s) of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Na Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. Public reporting burden for this colection of information is estimated to average 30 minutes per response, including time for rev. instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the co information. Send comments regarding the burden estimate or any other aspect of this collection of information, including sugg o'. ov/c /Sectionl0.as x ~" ~ 3/24/200 https://www.cops.usd ~ g hrp p ~OPS Hiring Recovery Program (CHRP) reducing this burden, to the Office of Management and Budget, Paperwerf~-F~edr~etio,n f'rojeet-¢9343-9046j-b4/as~hirrgforr D.£: 2 =f` ~,ofita~ir~~ _ ,. ,_ _. .;.-~~ _ ~1"irt L~ C;.,~.;n~. .. _ ,7 c~ ~J'. ~..'... I"a ..l,. Yr:_ ..G s.2. .~.t_. .___ __. Pag _~ Not Applicable 1 . Type of Federal Action: f` i~ t"` t" 2 . Status of Federal Action: 3 . Report Type: '`4 . Name and Address of Reporting Entity: ~` ~' City of Sebastian, 1225 Main Street, Sebastian, Florida 32958 Prime ~` Subawardee >~° For Material Change Only: Year: Quarter:~__ ______~~__ _ .. Date of last report: ~~~ 5 . If Reporting Entity in No . 4 i Name and Address of Prime: Subawardee Tier: ~ , if known: Congressional District (number), if known: Congressional District (number), ....,.~......W.. f k ":. .... .._... ... _.,.. .. ... _....uur.uar ~' .. . .w 6 . Federal DepartmentlAgency: r 8 . Federal Action Number, if known: 10.a .Name and Address of Lobbying Registrant (if individual, last name, first name, Mn: 7 . Federal Program Name/Des ,_~_ CFDA Number, if applicable ~~ 9 . Award Amount, if known: $~. ____ 10. b. Individuals Performing S~ No.10a) (last name, first name, N 11 . Information requested through this form is authorized by Title 31 U .S .C .Section 1352 . This disclosure of lobbying activities is a material representation of fact upon which reliance ~ By clicking this box and typinc was placed by the tier above when this transaction was made or entered into .This disclosure is legally and officially authorized b~ required pursuant to 31 U .S .C . 1352 . This information will be reported to the Congress semi- this application and act on behalf ,/~ annually and will be available for public inspection .Any person who fails to file the required have read, understand, and agree disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 grant compliance terms and cono Guide, the COPS Grant Owner's https://www.cops.usdoj .gov/chrp/Section I O.aspx 3/24/2009 ~OPS Hiring Recovery Program (CHRP) Page 3 of 3 for each such failure. other applicable program regulati certify that the information provide true and accurate to the best of rr statements or claims made in cor fines, imprisonment, debarment fi cooperative agreements, or contr Typed Debra Krueger Name: '`Title: HUMAN RESOUR Telephone .772-388-8202 N o.: Previous ~ Save. Next { -Reminder: - __ To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saved Page 20 of 21 Helpful Hints ~ CHRP Home ~ implication Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nonsupplanting FAQ ~ Retention FAQ's ~ Program and Financial Requirements 139 https://www.cops.usdoj.gov/chrp/Sectionl O.aspx 3/24/2005 COPS Hiring Recovery Program (CHRP) Yage 1 or L .-~ The signatures of the Law Enforcement Executive/Program Official and Government Executive/Financial Official, and any applicable progr the Certification of Review and Representation of Compliance with Requirements: 1. Assures the COPS Office that the applicant will comply with all legal, administrative, and programmatic requirements that govern tF acceptance and use of federal funds as outlined in the applicable COPS Application Guide; AND 2. Attests to the accuracy of the information submitted with this application (including the Budget Detail Worksheets). The signatures on this application must be made by the actual executives named on this application unless there is an officially documentE fora delegated signature. If yourjurisdiction has such an official document, it must be attached to this application. Applications with missin inaccurate signatures or responses may not be considered for funding. Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determi, covered grant. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal c and/or is not cooperating with an ongoing federal civil rights investigation, and/or is not cooperating with a COPS Office compliance investi a current grant award. ~• ~ By clicking this box and typing my name below, l certify that 1 have been legally and officially authorized by the appropriate goveming t this application and act on behalf of the grant applicant entity. 1 certify that 1 have read, understand, and agree, if awarded, to abide by all c grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certific~ other applicable program regulations, laws, orders, or circulars. In addition, 1 certify that the information provided on this form and any attar true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs mad imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by federal government. *Please type your name here in place of your signature:~W~_~ C~ By clicking this box and typing my name below, 1 certify that I have been legally and officially authorized by the appropriate goveming t this application and act on behalf of the grant applicant entity. I certify that 1 have read, understand, and agree, if awarded, to abide by all c grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certific~ other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attar true and accurate to the best of my knowledge. 1 understand that false statements or claims made in connection with COPS programs mad imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by federal government. /~U ..~. "Please type your name here in place of your signature: https://www.cops.usdoj .gov/chrp/Section 11. aspx 3 /23/2009 ~OPS Hiring Recovery Program (CHRP) ~: l:ti 'E:'. /iii >(.r:~itrl~t rage ~ of ~ ~ By clicking this box and typing my name below, 1 certify that 1 have been legally and officially authorized by the appropriate governing k this application and act on behalf of the grant applicant entity. 1 certify that 1 have read, understand, and agree, if awarded, to abide by all c grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owne-'s Manual, assurances, certific~ other applicable program regulations, laws, orders, or circulars. In addition, 1 certify that the information provided on this fo-m and any attar true and accurate to the best of my knowledge. 1 understand that false statements or claims made in connection with COPS programs ma} imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by federal government. 'Please type your name here in place of your signature:~~ CdPS ONLINE NOTE: The only electronic signature submitted online with this application will be the individual registered with the user na password that was entered during the COPS Online login process. However, the signatures of both the Law Enforcement Executive/Progr the Government Executive/Financial Official, as well as any applicable program partners' signatures, are REQUIRED for Sections 8, 9 and application. Original, signed hard copies of the Certification of Review and Representation of Compliance with Requirements, Assurances Certifications must be kept in the agency's files and furnished upon request. E By clicking this box, 1 have read and understand this requirement. WARNING: ONCE YOU SUBMIT YOUR APPLICATION YOU WILL BE UNABLE TO CHANGE ANY OF YOl APPLICATION INFORMATION. PLEASE ENSURE THAT YOU HAVE REVIEWED ALL OF YOUR INFORM BEFORE SUBMITTING YOUR APPLICATION TO THE COPS OFFICE. Previous ~ Submit Application -Reminder: ~ ~_- To save your data, click the "Save" or "Next" button. If you don't do this before returning to the previous page, your data will not be saver Paperwork Reduction Act Notice The public reporting burden for this collection of information is estimated to be up to two hour per response, depending upon the COPS prc applied for, which includes time for reviewing instructions. Send comments regarding this burden estimate or any other aspects of the rolls information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Ju: Vermont Avenue, N.W., Washington, DC 20530; and to the Public Use Reports Project, Office of Information and Regulatory Affairs, OfficE and Budget, Washington, DC 20503. You are not required to respond to this collection of information unless it displays a valid OMB control number. The OMB control number fc is 1103-0097 and the expiration date is 05/31/2011. Page 21 of 21 Helpful Hints ~ CHRP Home ~ Application Guide ~ 424 Instructions ~ CHRP Application (PDF) ~ Nons~planting FAQ ~ Retention FAQ's ~ Program and Financial Requirements ~~i https://www.cops.usdoj .gov/chrp/Section l l .aspx 3/23/2009