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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
SPECIAL MEETING AGENDA
WEDNESDAY, APRIL 28, 2010 6:30 PM
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 www.cityofsebastian.org
See back page for public input procedures public input is limited to the items on the agenda
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. SPECIAL MEETING ITEMS
10.069 A. Approve Resolution No. R -10 -12 Authorizing Execution of Joint Participation
1 -32 Agreement with FDOT for Airport Master Plan Update Funding (Airport
Transmittal, R- 10 -12, JPA)
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 FOR AN AIRPORT MASTER PLAN UPDATE; PROVIDING FOR
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
10.070 B. Approve Resolution No. R -10 -13 Authorizing Execution of Local Agency
33 -57 Program (LAP) Certification Agreement (City Manager Transmittal, R- 10 -13,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING AND
EXECUTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY
PROGRAM AGREEMENT PROVIDING FUNDING FOR THE SEBASTIAN BOULEVARD LANDSCAPING
IMPROVEMENT PROJECT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
10.071 C. Award Bid and Three Year Contract for Independence Day Fireworks Display to
59 -79 East Coast Pyrotechnics of Catawba, SC for $13,500 Per Year (Parks
Transmittal, Bid Tabulation, Bid Proposal Price Form, East Coast Pyrotechnics
Letter)
10.072 D. Approve Special Event Permit for Riverview Park Reclaimed Ministries "Rock
81 -85 on the River" Community Memorial Weekend Celebration Concert Saturday,
May 29, 2010 4 pm to 10 pm Request Free Use of City Stage Four Bands
Two to Three Vendors (Parks Transmittal, Letter of Request and Application)
5. ADJOURN
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
WORKSHOP 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 EVIDENSE UPON WHICH THE APPEAL
IS TO BE HEARS. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMODATION FOR THIS WORKSHOP SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
Upcoming meetings:
May 12, 2010 Regular Meeting 6:30 pm
May 17, 2010 Special Meeting Gilliams Appeal Hearing 5:30 pm
May 26, 2010 Regular Meeting 6:30 pm
June 9, 2010 Regular Meeting 6:30 pm
June 23, 2010 Regular Meeting 6:30 pm
PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45
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 agenda 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 the 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.
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.
2
AGENDA TRANSMITTAL
Subject: Airport Master Plan Update
r,
Ap ro s for Submittal by:
l•
City Manager
Agenda No. 10.00 q
Department Origin: Machicipa] Airport
J. Griffin
Finance Directory Kill
City Clerk: S. Maio
City Attorney: R.A. Ginsburg
Date Submitted: April 21, 2010
For Agenda of: April 28, 2010
Exhibits: FDOT Joint Participation Agreement (JPA)
EXPENDITURE
REQUIRED:
$7,500 (FY11 /12)
AMOUNT BUDGETED:
-0-
APPROPRIATION
REQUIRED:
$7,500 (FY 11/12)
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 an
Airport Master Plan Update. The agreement stipulates the FDOT to fund 2.5% of the project at
$7,500. The airport/city `match' would also be at 2.5 or $7,500. The total project cost is
estimated at $300,000. The FAA will participate in this project at 95 or $285,000.
The last Master Plan Update for Sebastian Airport was completed in March 2002. The FDOT and
the FAA will not participate in the funding of future projects if those projects are not explained, and
presented, on an acceptable planning submission. Since numerous changes have taken place at the
airport since the last Master Plan Update, it is prudent to include future project possibilities and
completed projects /changes in an airport update. The Master Plan Update will take about 1 year to
complete when fully funded with the aforementioned 95% FAA portion. Airport staff will bring
forward the FAA grant agreement when it is funded after the federal government fiscal year start of
October 1, 2010 (FY11).
RECOMMENDED ACTION
Move to approve Resolution R -10 -12 authorizing a Joint Participation Agreement between the
FDOT and the City Of Sebastian for an Airport Master Plan Update
RESOLUTION NO. R -12 -10
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 FOR
AN AIRPORT MASTER PLAN UPDATE; 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 a Master Plan Update 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. 428567- 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:
The Mayor thereupon declared this Resolution duly passed and adopted this 12
day of May, 2010.
Mayor Richard H. Gilimor
Vice Mayor Jim Hill
Council Member Andrea B. Coy
Council Member Don Wright
Council Member Eugene Wolff
ATTEST:
Sally A. Maio, MMC
City Clerk
2
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Richard H. Gillmor
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Fund: DS
Function: 637
Federal No.:
DUNS No.:
CSFA Number:
Financial Project No.:
428567- 1 -94 -01
(item
Contract No.:
CFDA Number:
088719
FLAIR
Object Code: 750004
Org. Code: 55042010428
Vendor No.: VF596000427008
55004
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Sebastian
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before May 31, 2012 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
Florida Statutes, to enter into this Agreement.
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(6)
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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 Master Plan Update project 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.
2.00 Accomplishment of the Project
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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 300,000 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 7,500 as detailed in Exhibit "B or in an amount equal to the
percentage(s) of total 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 adopted 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 0 is QQ 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 0 is 0 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.
J
6.00 Project Budget and Payment Provisions:
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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.
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:
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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 Tess 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 1I 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.
Part 111 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
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required
by Section 7.62 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 CircularA -133, submitted to the following
address:
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
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
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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
Ft,
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:
A. The Department at each of the following addresses:
Office of Modal Development
3400 W. Commercial Blvd.
Fort Lauderdale, FL 33309
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
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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:
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. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after final payment is made.
Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred
include the Participant's general accounting records and the project records, together with supporting documents and
records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor
and subcontractors considered necessary by the Department for a proper audit of costs.
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.
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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 Toss 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 and or for the construction of
infrastructure such as airport runways the Department may waive or modify this section.
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;
the date the Agency acquired the real property,
a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
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;
(a)
(b)
(c)
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;
or
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
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, prior to receipt of annual notification of funds
availability, 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
and costs invoiced prior to receipt of annual notification of fund availability.
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:
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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
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
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.
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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
12.31 DBE Policy: 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.
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 officers, 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:
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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.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives 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 party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Departments 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.
21.00 Restrictions on Lobbying:
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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
May 31, 2012 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.
21.10 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.
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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.
AGENCY FDOT
City of Sebastian
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
Financial Project No. 428567- 1 -94 -01
Contract No.
Agreement Date
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
See attached Encumbrance Form for date of Funding
Approval by Comptroller
PROJECT LOCATION: Sebastian Municipal Airport
PROJECT DESCRIPTION: Master Plan Update
SPECIAL CONSIDERATIONS BY AGENCY:
SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A
Fin. Proj. No.: 428567- 1 -94 -01
Contract No.:
Agreement Date:
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and City of Sebastian
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
EXHIBIT "B"
PROJECT BUDGET
Fin. Proj. No.: 428567 1 -94 -01
Contract No.:
Agreement Date:
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:
$300,000
II. PARTICIPATION:
Federal Participation:
FAA, FTA, UMTA, etc. 95.00% $285,000
Agency Participation:
I n -Kind
Cash 2.50% $7,500
Other
**Maximum Department Participation:
Primary (DS) (DDR) (DIM) (PORT) 2.50% $7,500
Federal Reimbursable (DU) (FRA) (DFTA)
Local Reimbursable (DL)
III. TOTAL PROJECT COST: $300,000
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
FINANCIAL PROJECT NO.: 428567- 1 -94 -01
725 -040 -15
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EFFECTIVE DATE:
A. General
1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the
State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal
government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency
2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and
compliance with specific provisions of Exhibit A, "Project Description and responsibilities" and Exhibit B, "Project
Budget as well as serving to protect public investment in public -use airports and the continued viability of the Florida
Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a
facility developed; equipment acquired; or project items installed within a facility for an airport development or noise
compatibility program project, but shall not exceed 20 years from the effective date of this Agreement.
5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights
and Airport Revenue so long as the property is used as a public airport.
6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property
acquired with funds provided by the State of Florida.
7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project
under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to
comply with the terms of the Agreement and /or these assurances.
8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement
and /or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non-
compliance and any corrective action by the Agency to remedy the failure.
9. Failure by the Agency to satisfactorily remedy the non compliance shall absolve the Department's continued
financial commitment to this project and immediately require the Agency to repay the Department the full amount of
funds expended by the Department on this project.
10. Any history of failure to comply with the terms of an Agreement and /or assurances will jeopardize the Agency's
eligibility for further state funding of airport projects by the Department.
B. Agency Compliance Certification
1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority,
with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies,
guidelines, and requirements, including but not limited to the following:
a. Florida Statutes (F.S.)
Chapter 163, F.S., Local Government Comprehensive Planning and Land Development
Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports
Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce
Chapter 332, F.S., Airports and Other Air Navigation Facilities
Chapter 333, F.S., Airport Zoning
b. Florida Administrative Code (FAC)
Chapter 9J -5, FAC, Review of Comprehensive Plans and Determination of Compliance
Chapter 14 -60, FAC, Airport Licensing, Registration, and Airspace Protection
Section 62- 256.300(5) FAC, Open Burning, Prohibitions, Public Airports
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725- 040-15
AVIATION
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Section 62- 701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety
c. Local Government Requirements
Airport Zoning Ordinance
Local Comprehensive Plan
d. Department Requirements
Eight Steps to Building a New Airport
Florida Airport Financial Resource Guide
Florida Aviation Project Handbook
Guidebook for Airport Master Planning
Guidelines for Plan Development
2. Construction Certification: The Agency hereby certifies, with respect to a construction related project, that all
design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as
Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not
limited to the following:
a. Federal Requirements
FAA AC 70/7460 -1, Obstruction Marking and Lighting
FAA AC 150/5300 -13, Airport Design
b. Local Government Requirements
Local Building Codes
Local Zoning Codes
c. Department Requirements
Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
Highways (Commonly Referred to as the "Florida Green Book
Manual on Uniform Traffic Control Devices
Section 14- 60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports"
Standard Specifications for Construction of General Aviation Airports
3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with
applicable federal and state policies, regulations, and laws, including but not limited to the following:
a. Federal Requirements
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
National Environmental Policy of 1969
FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects
FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
Section 286.23, F.S., Public Business: Miscellaneous Provisions
C. Agency Authority
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
725- 040-15
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1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal
authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been
duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including
assurances contained therein, and directing and authorizing the person identified as the official representative of the
governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be
required.
2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient
funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida;
that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which
it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this
project.
D. Agency Responsibilities
The Agency hereby certifies it currently complies with or will comply with the following responsibilities:
1. Accounting System
a. The Agency shall create and maintain a separate account to document all of the financial transactions related
to the airport as a distinct entity.
b. The accounting records shall be kept by the Agency or its authorized representative in accordance with
Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in
accordance with the Single Audit Act of 1984.
c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice.
2. Good Title
a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance,
satisfactory to the Department, that good title will be obtained.
b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good
title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or
gives assurance, satisfactory to the Department, that good title will be obtained.
3. Preserving Rights and Powers
a. The Agency 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 and assurances of this Agreement without the written
approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable
to the Department, any outstanding rights or claims of right of others which would interfere with such performance
by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity 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 in accordance with the terms and assurances of this Agreement.
4. Hazard Removal and Mitigation
a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace
required for instrument and visual operations at the airport (including established minimum flight altitudes) by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the
governing public authority or private land owner of the property to clear and protect terminal airspace required for
instrument and visual operations at the airport (including established minimum flight altitudes) by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding
property owners or pursue available legal remedies to remove potential hazards to air navigation.
5. Airport Compatible Land Use
a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03,
F.S., "Airport Zoning or if not in place, that it will take appropriate action necessary to ensure local gover t
725 040-15
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
adoption of an airport zoning ordinance or interlocal agreement with another local government body having an
airport zoning ordinance, consistent with the provisions of Section 333.03, F.S.
b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural
or man -made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport
operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current or future levels of airport operations by creation or expansion of
airport incompatible land use areas.
6. Consistency with Local Government Plans
a. The Agency assures the project is consistent with the currently existing and planned future land use
development plans approved by the local government having jurisdictional responsibility for the area surrounding
the airport.
b. The Agency assures that it has given fair consideration to the interest of local communities and has had
reasonable consultation with those parties affected by the project.
c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved
Airport Master Plan into the local government comprehensive plan.
7. Consistency with Airport Master Plan and Airport Layout Plan
a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent
with the current, approved Airport Master Plan.
b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent
with the current, approved Airport Layout Plan (ALP), which shows:
(1) The 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) The 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) The location of all existing and proposed non aviation areas on airport property and of all existing
improvements thereon.
c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its
facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the
Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Department.
8. Airport Financial Plan
a. The Agency assures that it will develop and maintain a cost feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the
Airport Layout Plan, and any updates thereto.
(1) The financial plan shall be a part of the Airport Master Plan.
(2) The financial plan shall realistically assess project phasing considering availability of state and local
funding and likelihood of federal funding under the FAA's priority system.
(3) The financial plan shall not include Department funding for projects which are inconsistent with the local
government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint
Automated Capital Improvement Program (JACIP) online website.
9. Airport Revenue
The Agency assures that all revenue generated by the airport will be expended for capital improvement or
operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
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owner or operator of the airport and which are directly and substantially related to the air transportation of
passengers or property, or for environmental or noise mitigation purposes on or off the airport.
10. Fee and Rental Structure
a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that
will make the airport as self- sustaining as possible under the circumstances existing at the particular airport.
b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures
that the price charged for that facility will be based on the fair market value.
c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period of 30
years.
11. Public- Private Partnership for Aeronautical Uses
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential
tenant agree that an aircraft hangar or tenant specific facility, respectively, is to be constructed on airport property
for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may
grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the
facility as the airport owner or operator may impose, subject to approval by the Department.
b. Duration of the terms or conditions in Section D11 a shall not exceed a period of 30 years.
12. Economic Nondiscrimination
a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms
without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public.
(1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all
users of the airport as may be necessary for the safe and efficient operation of the airport.
(2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such
action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the
public.
b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such
airport and utilizing the same or similar facilities.
13. Air and Water Quality Standards
The Agency assures that in projects involving airport location, major runway extension, or runway location that the
project will be located, designed, constructed, and operated so as to comply with applicable air and water quality
standards.
14. Operations and Maintenance
a. The Agency assures that 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, as well as minimum standards established by the Department for State of Florida licensing as a public
use airport.
(1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere
with its use for airport purposes.
(2) Except in emergency situations, any proposal to temporarily close the airport for non aeronautical
purposes must first be approved by the Department.
(3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting
aeronautical use of the airport.
b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during
temporary periods when adverse weather conditions interfere with safe airport operations.
15. Federal Funding Eligibility
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
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a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it
will avoid any action that renders the airport ineligible for federal funding.
b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport
projects.
16. Project Implementation
a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport
project within one year after the effective date of this Agreement.
b. The Agency may request a one -year extension of this one -year time period, subject to approval by the
Department District Secretary or designee.
c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the
Department to terminate this Agreement.
17. Exclusive Rights
The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or
intending to provide, aeronautical services to the public.
18. Airfield Access
a. The Agency assures that it will not grant or allow general easement or public 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, except for those normal airport providers responsible for standard airport daily services or during special
events at the airport open to the public with limited and controlled access.
b. The Agency assures that it will not grant or allow general easement or public access to any portion of the
airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without
prior Department approval.
19. Retention of Rights and Interests
The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests
in the real property shown as airport owned or controlled on the current airport layout plan without prior written
approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of
any part of its title, rights, or other interest in existing noise easements or avigation easements on any property,
airport or non airport, without prior written approval by the Department. These assurances shall not limit the
Agency's right to lease airport property for airport- compatible purposes.
20. Consultant, Contractor, Scope, and Costs
a. The Department has the right to disapprove the Agency's employment of 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.
b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional
services.
21. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved modifications.
b. Furnish the Department with such periodic project and work activity reports as indicated in the approved
scope of services.
c. Make such material available for public review, unless exempt from public disclosure.
(1) Information related to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3) and 331.22 Florida Statutes.
24 (2) No material prepared under this Agreement shall be subject to copyright in the United States or any other
country.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
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d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this Agreement.
e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it
will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the
airport and the Agency will comply with the Department airport master planning guidebook, including:
(1) Provide copies, in electronic and editable format, of final project materials to the Department, including
computer -aided drafting (CAD) files of the Airport Layout Plan.
(2) Develop a cost feasible financial plan, approved by the Department, to accomplish the projects described
in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost feasible
financial plan shall realistically assess project phasing considering availability of state and local funding and
federal funding under the FAA's priority system.
(3) Enter all projects contained in the cost feasible plan in the Joint Automated Capital Improvement Program
(JACIP).
f. The Agency understands and agrees 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.
g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA
approval prior to submitting any invoices to the Department for payment.
h. The Department may extend the 5 -day requirement for the approval and inspection of goods and services to
allow for adequate time for review (reference Section 215.422(1), F.S.).
22. Land Acquisition Projects
If this project involves the purchase of real property, the Agency assures that it will:
a. Laws: Acquire the land in accordance with federal and state laws governing such action.
b. Administration: Maintain direct control of project administration, including:
(1) Maintain responsibility for all related contract letting and administrative procedures.
(2) Secure written Department approval to execute each agreement for the purchase of real property with
any third party.
(3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation.
(4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar
days after completion of the review appraisal.
(5) Establish a project account for the purchase of the land.
(6) Collect and disburse federal, state, and local project funds.
c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in
accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements:
(1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60
days of executing this Agreement.
(2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing,
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 per Chapter 332,
Florida Statutes.
(3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within
30 calendar days after the reimbursable funds are to achieve normal project state and local funding shares as
described in Chapter 332, Florida Statutes.
(4) If federal funds are not received for the land purchase and the state share of the purchase is less than or
equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no
reimbursement to the Department shall be required.
20
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
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d. New Airport: If this project involves the purchase of real property for the development of a new airport, the
Agency assures that it will:
(1) 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.
(2) Complete an Airport Master Plan within two years of land purchase.
(3) Complete airport construction for basic operation within 10 years of land purchase.
e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the
terms and assurances of this Agreement within 10 years of acquisition.
f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of
this Agreement, the Agency assures that it will comply with the following:
(1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the
land is no longer needed for such purposes, dispose of such land at fair market value and /or make available
to the Department an amount equal to the state's proportionate share of its fair market value.
(2) Land shall be considered to be needed for airport purposes under this assurance if:
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer.
(b) Revenue from uses of such land contributes to airport financial self- sufficiency.
(3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any
interest or right therein needed to ensure such land will only be used for purposes compatible with noise
levels related to airport operations.
(4) For disposal of real property purchased with Department funding:
(a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any
airport-owned real property.
(b) The proportional amount shall be determined on the basis of the ratio of the Department financing of
the acquisition of the real property multiplied against the sale amount, and shall be remitted to the
Department within ninety (90) days of closing of sale.
(c) Sale of real property acquired with Department funds shall be at fair market value as determined by
appraisal, and the contract for sale must be approved in advance by the Department.
(d) If any portion of the proceeds from the sale to the Agency is non -cash considerations, reimbursement
to the Department shall include a proportional amount based on the value of the non -cash considerations.
23. Construction Projects: The Agency assures that it will:
a. Project Certifications: Certify project compliances, including
(1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules,
regulations, and policies.
(2) All design plans and specifications comply with federal, state, and professional standards and applicable
FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida
licensing as a public -use airport.
(3) Completed construction complies with all applicable local building codes.
(4) Completed construction complies with the project plans and specifications with certification of that fact by
the project Engineer.
b. Design Development: For the plans, specifications, construction contract documents, and any and all other
engineering, construction, and contractual documents produced by the Engineer, which are hereinafter
collectively referred to as "plans the Agency will certify that:
(1) The plans shall be developed in accordance with sound engineering and design principles, and with
generally accepted professional standards.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
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(2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this
Agreement.
(3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above
and make a determination as to their applicability to this project.
(4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulations.
c. Inspection and Approval: The Agency assures that:
(1) The Agency will 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.
(2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost
and progress reporting, as may be required by the Department.
(3) The Agency assures that it will take the appropriate corrective action necessary, as required by the
Department, for work which does not conform to Department standards.
d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or
reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management
program and that it will use such program for the useful life of any pavement constructed, reconstructed, or
repaired with state financial assistance at the airport.
24. Noise Mitigation Projects: The Agency assures that it will:
a. 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, the Agency shall enter
into an agreement with that government body.
(1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the
same terms and assurances that apply to the Agency.
(2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-
compliance with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to exclude future actions
against the airport.
(2) The Agency assures that it will take steps to enforce the agreement if there is substantial non compliance
with the terms of the agreement.
State Agency
FDOT
EXHIBIT D
Fin. Project No.
Contract No.
47R5A7 1 94 01
Agreement Date
Catalog of State Financial Assistance (Number Title) Amount
55004 Aviation Grant Program $7,500
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);
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)
Joint Participation Agreement (JPA) Exhibit D
Page 1
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
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
Joint Participation Agreement JPA) Exhibit D
Page 2
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
Subject:
512 Landscaping Project LAP
Acceptance Resolution #R
A p -d for Submittal by:
Agreement
-10 -13
Agenda No. (D, 0 7 0
Department Origin:
City Attorney:
City Manager
.I
City Clerk: I AtAk
Date Submitted:
PR 10
A -r, City Manager
Exhibits:
EXPENDITURE REQUIRED:
$0
AMOUNT BUDGETED:
$103,426
APPROPRIATION
REQUIRED:
$0
cmo
S LB TAI
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
The 512 Beautification Project is funded with an FDOT grant in the amount of $176,100. As part
of the grant acceptance process the City is required to received Local Agency Program
Certification (LAP Certification). The next stage in receiving LAP Certification is execution of the
LAP Agreement. The Agreement outlines the federal and state regulations the City is required to
follow concerning project procurement, administration, management and close -out.
RECOMMENDATION
Approve Resolution No. R -10 -13 and execute LAP Agreement.
NOTE
At this time expenditure is not required. $279,528 is allocated for this project ($103,426 City and
$176,102 Grant). After project bidding, a construction agreement will be brought before Council
for consideration, authorizing the allocated expenditure.
RESOLUTION NO. R -10 -13
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ACCEPTING AND EXECUTING THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM
AGREEMENT PROVIDING FUNDING FOR THE SEBASTIAN BOULEVARD
LANDSCAPING IMPROVEMENT PROJECT; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, a goal of the City of Sebastian is to promote and improve the ambiance and
decor of its major thoroughfares; and,
WHEREAS, in furtherance of this goal, the City of Sebastian aims to make certain landscape
improvements along Sebastian Boulevard (C.R. 512); and,
WHEREAS, these improvement will be specifically located at the intersection of Sebastian
Boulevard and Roseland Road, Barber Street and Fleming Street; and,
WHEREAS, grant funding in the amount of $176,100 will be matched with no less than
$60,000 from the City of Sebastian, previously allocated, making a project budget of $236,100.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS:
Section 1. Findings. The City Council, in the exercise of its legislative discretion, hereby
accepts the terms and executes the Florida Department of Transportation Local Agency Project
Agreement.
Section 2. Direction. The City Council hereby authorizes the City Manager to execute said
project in conformity with the rules and regulations specified in the Florida Department of
Transportation Local Agency Project Agreement.
Section 3. Effective Date. This resolution shall take effect immediately upon its adoption.
A motion to adopt the foregoing Resolution was made by Council Member
The motion was seconded by Council Member and, upon being put to a vote,
the vote was as follows:
Mayor Richard H. Gillmor
Vice Mayor Jim Hill
Council Member Andrea B. Coy
Council Member Eugene Wolff
Council Member Don Wright
The Mayor thereupon declared this Resolution duly passed and adopted this 28 day of
April, 2010.
ATTEST: CITY OF SEBASTIAN, FLORIDA
By:
Sally A. Maio, MMC City Clerk Richard H. Gillmor, Mayor
Approved as to form and legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
WITNESSETH:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Fund: SE, LF
Org Code: 55043010404
Fund:
Org Code:
Fund:
Org Code:
Fund:
Org Code:
Contract No:
FPN: 418031- 1 -58 -01
Federal No: 4639 002 S
FPN:
Federal No:
FPN:
Federal No:
FPN:
Federal No:
County No:88
Data Universal Number System (DUNS) No: 80- 939 -7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: VF596000427 -008
525 -010 -40
PRODUCTION SUPPORT
02/09
Page 1
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 called the
Department, and The City of Sebastian hereinafter called the Agency.
WHEREAS, the Agency has the authority to enter into this 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 Section 339.12, 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 for the Department's participation in
Landscaping Improvements on CR 512/ Fellsmere Road from W -E Fork to City Limits and as further described in Exhibit
"A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department
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.
1.01 Attachments: Exhibit(s) A,B,1,X &L are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de- certification of said Agency for future LAP
projects.
Removal of All Funds
3.00 Project Cost:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2011. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: 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.
2.04 Agency Funds: 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.
2.05 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 and the Federal
Highway Administration (FHWA) may require.
3.01 Total Cost: The total cost of the project is 236,100.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 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 Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
from the date
the project is
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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
and which have a term for a period of more than 1 year."
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3.06 Notice -to- Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice
to- Proceed from the Department.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 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.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criter a:
Audits
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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The administration of resources awarded by the Department to the Agency may be subject to audits and /or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Part I Federally Funded: Recipients of federal funds (Le., state, local government or non profit organizations as
defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as
revised. Exhibit "1" of 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 1, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A -133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must
be paid from non federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part 11 State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
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 of such recipient, the recipient must have a state single or project- specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department 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 non -state entities. State financial assistance does
not include federal direct or pass- through awards and resources received by a non -state 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) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for profit organizations), Rules of the Auditor General.
Part IV Report Submission:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. 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.
Part III Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority Department the De artment 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.
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A -133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Karen Maxon, Budget Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised), at the following address:
c) Other federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular
A -133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Karen Maxon, Budget Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
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In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
STATE OF FLORIDA DEPARTMENT OF TRAVSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Karen Maxon, Budget Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Karen Maxon, Budget Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
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
a) The Department at each of the following address(es):
Karen Maxon, Budget Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
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4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A -133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A -133, as revised, 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 financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right
of -way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350 030 -400 (Section 287.058(1)(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 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 or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 -day time period may not be paid.
8.00 Termination or Suspension of Project:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 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: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. 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.
9.00 Contracts of Agency:
9.01 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 funds, including consultant
or construction 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.
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.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. 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.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
ap e federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525 -010-40
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perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 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, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
or default.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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13.04 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.
13.05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. 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.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Departments satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-
1273 in all its contracts and subcontracts.
13.08 Right -of -Way Certification: Upon completion of right -of -way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right -of -way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.10 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.
13.11 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.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally- 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 federally- 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 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 paragraph 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right -of -way, the Agency will will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 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 the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency 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 State Comptroller's Hotline,
877 693 -5236.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the
Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency
from adherence to federal guidelines, procedures, and regulations.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY THE CITY OF SEBASTIAN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:
Name:
Title:
Attest: Attest:
Title: Title:
As to form: As to form:
Attorney District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
Name: GERRY O'REILLY, P.E.
Title: Director of Transportation Development
525 -010-40
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PROJECT LOCATION: CR /512 Fellsmere Road
The project is x
The project
PROJECT DESCRIPTION:
Landscaping
SPECIAL CONSIDERATIONS BY DEPARTMENT:
5 0
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 418031- 1 -58 -01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
The City of Sebastian
Dated
is not on the National Highway System.
is x is not on the State Highway System.
525 -010-40
PROJECT MANAGEMENT OFFICE
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SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right -of -way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by N/A (Phase 18and 28 LAP Agreements)
b) Design to be completed by N/A (Phase 38 LAP Agreements)
c) Right -of -Way requirements identified and provided to the Department by N/A (All LAPS requiring R/W)
(District will handle all Right of Way activities on LAPS, the date would be set by the necessary timeframe to
complete R/W activities.
d) Right -of -Way to be certified prior to advertising for Construction. (AII Phase 58 LAPS).
e) Construction contract to be let by 12/31/2010. (For Phase 58 LAPS). (This date would be prior to the end of
the fiscal year that the Phase 58 is programmed in FM)
f) Construction to be completed by 12/31/2011. (Phase 58 LAP Agreements)
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
This project is for reimbursement of Construction Only in the year 2009/2010 in the amount of $176,100.00. Upon
execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a
NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a
NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and
prior to the agreement or time extension (if required by a request for a time extension from the Agency) date.
Upon completion of the Project, the Agency is required to notify the Department of the date of the completion and final
invoicing. The Department may require an onsite inspection with the Agency
TYPE OF WORK By Fiscal Year
FUNDING
TOTAL
PROJECT FUNDS
AGENCY
FUNDS
STATE
FEDERAL FUNDS
Planning 2006 -2007
2007 -2008
2008 -2009
Total Planning Cost
Project Development Environment (PD &E)
2006 -2007
2007 -2008
2008 -2009
Total PD &E Cost
Design 2006 -2007
2007 -2008
2008 -2009
Total Design Cost
Right -of -Way 2006 -2007
2007 -2008
2008 -2009
Total Right -of -Way Cost
Construction 2006 -2007
2007 -2008
2009 -2010 SE
2009 -2010 LF
Total Construction Cost
$176,100.00
$176,100.00
$60,000.00
$60,000.00
$236,100.00
$60,000.00
$176,100.00
Construction Engineering and Inspection (CEI)
2006 -2007
2007 -2008
2008 -2009
Total CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT
$236,100.00
$60,000.00
$176,100.00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME BILLING ADDRESS
The City of Sebastian
1225 Main Street
Sebastian, FL 32958
FPN: 418031- 1 -58 -01
Name: CR -512 Fellsmere Road
Termini: W -E Fork to City Limits
PROJECT DESCRIPTION
Length: 1.093 Miles
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The Departments fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
EXHIBIT "1"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA 20.205 Highway Planning and Construction
Amount: 176,100.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub- recipient.
Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
525 -010-40
PROJECT MANAGEMENT OFFICE
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Dated
SPECIAL CONSIDERATIONS BY AGENCY:
Dated
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "X"
PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE
FPN: 418031- 1 -58 -01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of
Transportation (Department) and The City of Sebastian
525- 010-40
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The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local
Agency Program Agreement executed between the Department and The City of Sebastian
Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and
approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and
shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved schedule of funding for the project. The schedule of funding may be revised by execution of a LAP
Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees
that funding for this project or any American Recovery and Reinvestment Act (ARRA) project shall /may be
reduced upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP
Supplemental Agreement is executed, a copy of the LAP Supplemental should be forwarded to the
Department's Federal -Aid Management Office.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "L"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 13.14 is expanded by the following:
The Department and the Agency agree as follows:
525 -010-40
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1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA,
the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all
applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the
Agency agrees to:
a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful
insects;
b) Properly mulch plant beds;
c) Keep the premises free of weeds;
d) Mow and /or cut the grass to the proper length;
e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants
and /or pruning such parts thereof which present a visual hazard for those using the roadway; and
f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall
below original Project Standards.
The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below
Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In
the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they
shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project.
Furthermore, the Agency agrees to keep litter removed from the project highway.
2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of
the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in
conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph
4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost
thereof to the Agency.
3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated
or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state
road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency
shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part
of the project at its own cost. The Agency will own that part of the project it removed. After the 60 -day removal period,
the Department will become the owner of the unresolved portion of the project, and the Department then may remove,
relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of
the project.
4. This LMA may be terminated under any one of the following conditions:
a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written
notice; or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "L" (continued)
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
b) By either party following 60- calendar days' written notice.
5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after
the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and
expense. The Agency will own that part of the project it removed. After the 60 -day removal period, the Department then
may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible
for any removal costs incurred.
6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no
other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged
herein and superseded hereby.
7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the
Department.
8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida.
9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail,
postage prepaid, registered or certified with return receipt requested:
a) If to the Department, addressed to:
Barbara Handrahan, District Lap Program Administrator
3400 West Commercial Blvd
Fort Lauderdale, FL 33309
or at such other address as the Department may from time to time designate by written notice to
the Agency; and
b) If to the Agency, addressed to:
Alfred Minner, City Manager
1225 Main Street
Sebastian, Florida 32958
or at such other address as the Agency may from time to time designate by written notice
to the Department.
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10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the
parties dated
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and
other instruments.
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present
Roadway Width: Number of
Condition)
Lanes
LOCAL AGENCY
FUNDS
(nearest Dollar)
STATE
FUNDING
(nearest Dollar)
Bridge Number(s) on Project None
PERCENT
FEDERAL
FUNDS
OBLIGATION DATE
Month /Year
PLANNING
DESCRIPTION OF PROPOSED WORK
Landscaping Roadway
New Construction
Width
3 -R
I Enhancement
Number of Lanes
PD &E
Congestion Mitigation
Bridge
Numbers(s) on Project
TITLE: City Manager
LOCAL AGENCY CONTACT PERSON
Alfred Minner
MAILING ADDRESS:
1225 Main Street
Sebastian, FL 32958
PHONE: (772) 388 -8203
AGENCY
The City of Sebastian
ZIP CODE: 32958
LOCATION AND DESIGN APPROVAL:
BY:
TITLE:
Approving Authority
DATE:
PHASE
TOTAL
ESTIMATED COST
(nearest Dollar)
LOCAL AGENCY
FUNDS
(nearest Dollar)
STATE
FUNDING
(nearest Dollar)
FEDERAL FUNDS
(nearest Dollar)
PERCENT
FEDERAL
FUNDS
OBLIGATION DATE
Month /Year
PLANNING
PD &E
DESIGN
R/W
CONST.
$236,100.00
$60,000.00
$176,100.00
74.6%
TOTAL
$236,100.00
$60,000.00
$176,100.00
74.6%
AGENCY The City of Sebastian
FIN NUMBER 418031- 1 -58 -01
PROJECT TITLE CR 512 Fellsmere Road
PROJECT TERMINI FROM: W -E Fork TO: City Limits
WORK PHASE:
AWARD TYPE: LOCAL
PLANNING
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FEDERAL -AID PROJECT FUNDING REQUEST
FEDERAL -AID PROJECT NUMBER 4639 002 S
Type I Categorical Exclusion determination on:
Type II Categorical Exclusion determination on:
Categorical Exclusion Reevaluation on:
STATE JOB NUMBER TIP PAGE NUMBER
ENVIRONMENTAL
LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most
recent reevaluation date.
EIS approved on: N/A
EA /FONSI approved on: N/A
Categorical Exclusion:
Programmatic Categorical Exclusion determination on: N/A
and reevaluated on:
N/A
DESIGN !CONSTRUCTION
and reevaluated on:
N/A
DATE
525 -010-30
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RIGHT OF WAY
AGENCY:
The City of Sebastian
PROJECT TITLE:
CR 512 Fellsmere Road
DATE:
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS:
An Environmental determination has been completed for this Project.
RIGHT OF WAY AND RELOCATION:
There is no right of way acquisition associated with this Project.
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR
AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR
COMMUNITY DEVELOPMENT.
DATE:
AGENCY:
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By:
(Mayor Chairman)
5g
Subject: Bid award for fireworks display.
Approved for Submittal by: City Manager
Agenda No. 10. 7 l
Department Origin:
Finance Director:
City Attorney:
City Clerk:
C.SX••;dCit'lcCo
t2
Alfr:. F4inner
Date Submitted: April 21, 2010
For Agenda of: April 28, 2010
Exhibits: Bid Tabulation, Bid Proposal Price Form and Letter from East Coast
Pyrotechnics
EXPENDITURE REQUIRED:
$13, 500.00 per year.
$40,500 for three years.
AMOUNT BUDGETED:
$17,750.00
APPROPRIATION
REQUIRED: None
HOME Of PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
SUMMARY
Staff went through the formal bid process for the fireworks display on Independence Day. Two
vendors submitted bids for a three year contract (2010, 2011 2012) to provide the City's
Independence Day fireworks display: They were (1) East Coast Pyrotechnics and (2) Zambelli
Fireworks. East Coast Pyrotechnics, Inc. submitted the low bid with a price of $13,500.00 per
year. Melrose Pyrotechnics South has provided the City's fire works displays in the past. They
were bought out by East Coast Pyrotechnics in October 2009 and essentially remains the same
company with the same staff and fireworks vendors. Staff is familiar with this company and they
have an impressive list of clients. References have also been checked.
RECOMMENDED ACTION
Move to award a three contract for $13,500.00 per year to East Coast Pyrotechnics of Catawba,
South Carolina to provide the fireworks display for the City on Independence Day.
BID TABULATION SHEET FOR FIREWORKS BID
Bid opening 4/15/10 2PM
COMPANY NAME PRICE PER YEAR 3 YEAR TOTAL
East Coast Pyrotechnics $13,500.00 $40,500.00
Zambelli Fireworks $30,500.00 $91,500.00
TO WHOM IT MAY CONCERN:
This is an Assignment Letter stating that Melrose South Pyrotechnics, Inc. transfers rights and
responsibilities to East Coast Pyrotechnic, Inc effective October 1, 2009.
East Coast Pyrotechnics, Inc. will retain the federal ID of 57- 0986890 at the same address of PO Box 209,
4652 Catawba River Road, Catawba, SC 29704 as well as all the staff.
If you have questions or need additional information, please contact Terrie Steele at 803- 789 -5733.
Sincerely,
Mike Cartolano
President
Melrose South Pyrotechnics, Inc.
4652 Catawba River Rd. P.O. Box 209 Catawba, SC 29704 www.easfcoosfpy
T 803 789 -5733 800- 238 -5114 f 803- 789 -6440
PYROTECHNICS, INC.
FIREWORKS DISPLAY FOR 2010
FIREWORKS DISPLAY FOR 2011
FIREWORKS DISPLAY FOR 2012
TOTAL PRICE FOR 3 YEARS
thorized Signature
Firm Name Address
Date Signed
City of Sebastian/ Fireworks
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated
herein, hereby proposes to perform everything required to be performed in strict conformity with the
requirements of these documents, meeting or exceeding the specifications as set forth herein for the
price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may be issued.
By the signature below, the Vendor agrees that this Bid Proposal is made without any other
understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the
same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work
under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive
calendar days notice by the City, and agrees to all the terms and conditions of all documents stated
herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60)
days following bid opening date.
3
Title
1 .3,560
500
s 5
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Printed Name
Ld 7 O CEZ
Phone Number
EAST COAST PYROTECHNICS, INC.
AGREEMENT
This contract entered in this 9 day of APRIL A.D. 2010 by and between EAST COAST PYROTECHNICS,
INC. of Catawba, S.C. and CITY OF SEBASTIAN (customer) of City SEBASTIAN State FLORIDA.
WITNESSETH: EAST COAST PYROTECHNICS, INC. for and in consideration of the terms hereinafter
mentioned, agrees to furnish to the CUSTOMER one (1)Fireworks Display(s) as per agreement made and accepted and
made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and
direction of the Customer, said display to be given on the evening of JULY 4, 2010 Customer Initial weather
permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned
herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date.
Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting
the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions
shall rest within the sole discretion of EAST COAST PYROTECHNICS, INC. In the event the customer does not choose
to reschedule another date or cannot agree to a mutually convenient date, EAST COAST PYROTECHNICS, INC. shall
be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is cancelled by
CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay EAST COAST PYROTECHNICS,
INC. on demand, all EAST COAST PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the
show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee
charges.
EAST COAST PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel
for fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the
program are approximate. After final design, exact specifications will be supplied upon request. EAST COAST
PYROTECHNICS, INC. enters this agreement contingent upon its ability to secure delivery of product for the display.
It is further agreed and understood that the CUSTOMER is to pay EAST COAST PYROTECHNICS, INC. the
sum of $13,500.00 (50% DEPOSIT DUE WITH CONTRACT). A service fee of 1 1/2% per month shall be added
if account is not paid in full within 30 days of the show date.
EAST COAST PYROTECHNICS, INC. will obtain Commercial Liability and Property Damage and Workers
Compensation insurance.
Customer will provide the following items:
(a) Sufficient area for the display, including a minimum spectator set back of 420 feet at
all points from the discharge area.
(b) Protection of the display area by roping -off or similar facility.
(c) Adequate police protection to prevent spectators from entering display area.
(d) Search of the fallout area at first light following a nighttime display.
It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to
mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and
neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all
collection costs, including reasonable attorney's fees and court costs incurred by EAST COAST PYROTECHNICS, INC.
in the collection or attempted collections of any amount due under this agreement and invoice. Signor of this contract
personally guarantees full payment of this agreement.
The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these
articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns.
EAST COAST PYROTECHNICS, INC. CUSTOMER
By By:
Date Signed: APRIL 9, 2010
JEFF MATTHEWS Name:
P.O. Box 209 Address:
Catawba, SC 29704
P803- 789 -5733 Phone:
F803- 789 -6440 Email:
jeff coastpyro.com Billing Email:
It is duly authorized agent, who represents he/she has full authority to bind the Customer
Date Signed:
;Please Type or Print)
Proposer shall provide a minimum of three references, for which they are currently providing this type
of service /conunodity within the State of Florida.
1. Company Name PENSACOLA SERTOMAS JULY 4TH Contact Name and Title
KATHERINE WILBORN Address 6012 TIPPIN AVE,
PENSACOLA, FL 32504
Phone Number 850-476-0042 FAX Number 850- 476 -0043 Duration of Contract or business
relationship. 10 YEARS
2. Company Name CITY OF SUNRISE Contact Name and Title
CARYL UNGERER, PURCHASING AGENT Address 10610 W OAKLAND PARK
BLVD, SUNRISE, FL 33351
Phone Ntunber 954 747 -4670 FAX Number 954 572 -2278 Duration of Contract or business
relationship. 10 YEARS
3. Company Name MIRACLE BASEBALL Contact Name and Title
Address 14400: SIX MILE CYPRESS
STEVE GLINER
PKWY, FORT MYERS, FL 33912
City of Sebastian/ Fireworks
REFERENCES
Phone Number239 768 4217 FAX Number 239 768 -4211 Duration of Contract or business
relationship. 10 YEARS
6
does:
DRUG -FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug free workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working
on the commodities or contractual services that the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere
to any violation of Chapter 1893 or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's conununity, by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through implementation
of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully with the
above requirements.
Date: LI 4 1 O
Signature: e5h'`—
7
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or Agreement,
must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES,
ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it
with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or
suppliers who will ship commodities and receive payment from the resulting Agreement, it is your
responsibility to see that copy(ies) of the form are executed by them and are included with your quote,
bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening
time and date. Failure to complete this form in every detail and submit it with your quote, bid, or
proposal may result in immediate disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 133, Florida
Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida
Department of General Services to maintain and make available to other political entities a "convicted
vendor" list consisting of persons and affiliates who are disqualified from public and purchasing
process because they have been found guilty of a public entity crime. A public entity crime is
described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person
with respect to and directly related to the transaction of business with any public entity in Florida or
with an agency or political subdivision of any other state or with the United States, including, but not
limited to, any bid or Agreement for goods or services to be provided to any public entity or with an
agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact any
business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category
two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list unless that person
or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or
purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE
CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or
Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized
and must be properly signed in the presence of a notary public or other officer authorized to administer
oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE
OR BID.
8
CJ
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No. FIREWORKS DISPLAY
for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by TOM THOMPSON
EAST COAST PYROTECHNICS, INC. (name of entity submitting sworn
statement) whose business
4652 CATAWBA RIVER RD, CATAWBA, SC 29704
Federal Employer Identification (FEIN) is 57- 0986890
include the Social Security Number of the individual
3. My name is TOM THOMPSON (please print name of
individual signing) and my relationship to the entity named above is
PRESIDENT
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political
subdivision of any other state or with the United States, including, but not limited to, any bid or
Agreement for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry
of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
(1) A predecessor or successor of a person convicted of a public entity crime; or
9
address is
and (if applicable) its
(If the entity has no FEIN,
signing this sworn statement:
(2) An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and agents
who are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an aim's length agreement, shall be a
prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding Agreement and which bids or applies to bid on Agreements
for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The team "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8. Based on information and belief, the statement which 1 have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
Xx Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989, AND (Please indicate which additional
statement applies.)
There has been a proceeding concerning the conviction before a hearing officer of the
State of Florida, Division of Administrative Hearings. The final order entered by the hearing
officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of
the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of FIoiida, Division of
Administrative Hearings. The final order entered by the hearing
officer determined that it was in the public interest to remove the person or affiliate from the
convicted vendor list. (Please attach a copy of the final order.)
10
The person or affiliate has not been placed on the convicted vendor list. (Please describe
any action taken by or pending with the Department of General Services.)
STATE OFIziggligiNk SOUTH CAROLINA
COUNTYOF YORK
Date: 4/9/10
(Signature)
The foregoing instrument was acknowledged before me this 9TH day of APRIL 2010 by
TOM THOMPSON PRESIDENT (title) on behalf of
(name of partnership), a partnership. He /she is personally known to me or
has produced entification and did did not take an oath.
Nam ENNIXER CAULDER
My Commission Expires; 7/31 19
Commission Number:
11
July 4th Celebrations Special Events:
WAGT Riverblast Augusta, GA
City of Charlotte Charlotte, NC
Pensacola Serfomas Pensacola, FL
North Carolina 4th of July Southport, NC
World Premier of "Cars" The Movie Charlotte, NC
City of Manassas July 4th Manassas, VA
City of Coatesville July 4th Coatesville, PA
City of Sebastian- Sebastian, FL
Elizabeth City Area Elizabeth City, NC
WBT SkyShow Charlotte, NC
City of Sanford 4th of July Sanford, FL
Leesburg Parks Recreation Leesburg, VA
Nextel Cup Racing Concord, NC
Blue Angels Homecoming Pensacola NAS, FL
Barefoot Landing Myrtle Beach, SC
Town of Surfside Beach Surfside Beach, sc
U.S. Army Fort Jackson Fort Jackson, SC
Sports Events:
Atlanta Braves Atlanta, GA
Kannapolis Intimidators Kannapolis, NC
Charlotte Knights Fort Mill, SC
Charleston River Dogs Charleston, SC
Dunedin Blue Jays Dunedin, FL
Myrtle Beach Pelicans Myrtle Beach, SC
NC State University Raleigh, NC
Wake Forest University Wake Forest, NC
Rome Braves Rome, GA
Appalachian State University Boone, NC
Duke University Athletics Durham, NC
Georgia Tech Alumni Atlanta, GA
UNC Alumni Association Chapel Hill, NC
Atlanta Falcons Family Day
EAST COAST PYROTECHNICS, INC.
Clients
Flowery Branch, GA
Event Specifications
Effects Proposal
Show Type: Electronically Fired
Pyro- Production
Prepared For: City of Sebastian
Display Date: July 4th, 2010
Type of Pyrotechnic Effect: Low Level through 6" Aerial Shells
This Proposal Includes:
Five Million Dollars Public Liability Insurance
Licensed Professional Pyrotechnicians
Workers Compensation Insurance
All Fireworks Material Necessary to the Production
All Firing Equipment Necessary to the Production
Proposal Cost: $13,500.00
CABALLER
SI,
ICON
PYROTECHNICS
INTERNATIONAL
An Ping
Oalo9CBNG
Opening Presentation
The following is a list of "Opening" barrage segments,
which will be incorporated into the program during the
design stage.
10 3" Titanium Salutes with Rising Silver Tails
1 36 Shot 2-1/2" Multi -Color Palm Tree Shells
1 36 Shot 2-1/2" Golden Dragon Egg Shells
2 5" Red Comets Shells
2 5" Silver Comet Shells
2 5" Blue Comet Shells
An Ping
C A B A L L E R
I IC•N CI
PYROTECHNICS
INTERNATIONAL
Yellow Peony w/ Purple Pistil; Red Wave Chrysanthemums; Lemon
Peony w/ Blue Pistil; Silver Red Peony; Green Peony Lemon Pistil;
Rosy Grass
Main Presentation
Green Purple Peony; Crackling Willow Flower w/ Tail; Yellow Peony;
Gold Flitter; Blue to Crackling; Green Peony; Blue Peony; Red Palm w/
Red Tail; Green Strobe Willow Silver Fish w/ Tail; Silver Peony
Red Ring; Brocade Crown; Silver Tiger Tail; Green Comet w/ White
Peony; Crackling Comet w/ Report; White Ring; Purple Comet w/ Yellow
Peony; Blue Tiger Tail; Red Comet w/ Report; Blue Ring
Purple Peony to Crackling Stars; Red Ring w/ Crackling Pistil; White
Wave Ring w/ Colorful Chrysanthemum; Green Bees; Blue Ring w/
Brocade Center; Green Peony to Crackling Stars; White Bees
Red, White Blue, Blue Silver Cascade; Red Twilight Glitter; Violet
Lime Umbrella; Green Silver Cascade; Multi -Color Peony
Mine Yellow Serpentine w/ Report; Mine Green; Mine Multicolor;
Mine Titanium Serpentine w/ Screamer; Mine Blue; Mine White;
Mine Red Serpentine w/ Report Whistle; Mine Red
Red Strobe; Orange Strobe; Lemon Strobe; Twilight Glitter w/ Green
Tips; Magenta Umbrella w/ Lemon Strobe
20
15
15
15
15
15
15
An Ping
i C� N
YR OTECH N ICS
■TERNATIONAL
Main Presentation
Silver Spangler Red; 5 Color Chrysanthemum w/ Silver Tail; Silver Double
Ring; Red Double Ring; Blue to Silver Peony w/ Silver. Tail; Red Wave w/
Silver Tail; Green Coconut w/ Gold Tail; Red Peony w/ Blue Pistil w/ Gold
Tail
Blue Chrysanthemum w/ Silver Palm Pistil; Bowtie Green Strobe; White Dahlia;
Variegated Stained Glass; Red to Silver Diamond; Silver Strobe Willow; Red to
Blue Crackling Tail Peony; Red to Silver Diamond
Brocade Crown w/ Strobe Pistil w/ Gold Tail; Silver Crown w/ Strobe Pistil
w/ Silver Tail; Yellow to Purple Peony; Red Crackling Stars; Gold
Chrysanthemum w/ Green Pistil; Blue to White Peony; Color
Chrysanthemum
Red Palm w/ Red Tail; Blue Palm w/ Blue Tail; Silver Palm w/ Silver Tail;
Green Palm w/ Green Tail; Gold Palm Tree w/ Gold Tail
Blue Peony w/ Brocade Ring; Red to Green Crackling Coconut Tree; Red
Peony w/ Cyan Pistil; Purple w/ White Strobe; Dark Red Silver w/ Tail; Blue
Octopus w/ Tail; Red Crossette
Gold Glitter w/ Green Tips; Green Strobe; Lemon Glittering; Blue to
Brocade; Red to Brocade; Multi -Color Pastel Umbrella; Silver Dragons
20
20
20
20
20 7
10
u)
C A B A L L E R
s
ICON
PYROTECHNICS
INTERNATIONAL
Main Presentation
Yellow Peony w/ Red Pistil Silver Tail; 5 Color Chrysanthemum w/
Silver Tail; Red Peony w/ Blue Pistil Silver Tail; Sunflower w/ Rising
Jets; Brocade Crown to Green w/ Gold Tail; Poinsettia; Color Changing
Saturn; Crackling Palm Tree w/ Crackling Tail; Red Dahlia w/ Red Tail;
Blue Dahlia w/ Blue Tail; Lemon Dahlia w/ Lemon Tail; Purple Dahlia
w/ Purple Tail
Red to Silver Crackling Spider; Gold Bowtie w/ Green. Dahlia Ring; Fish
w/ Silver Tail; Yellow Dahlia w/ Yellow Tail; Silver Strobe Willow w/ Silver
Tail; Gold Brocade Kamuro w/ Tail; Thousand Red Chrysanthemum;
Kamuro; Multi -Color Flying Stars
Silver Crown; Red Bees; Blue Bees; Silver Bees; Red Five Point Star w/
Silver Wave Ring; Purple Peony; Red to Yellow to Purple Peony; Blue
Chrysanthemum; Yellow Chrysanthemum; Glittering Silver to Purple
Chrysanthemum; White Strobe Chrysanthemum w/ Purple Pistil; Blue
Peony w/ Yellow Pistil; Gold Wave Red to Blue w/ Gold Tail; Blue to Silver
Peony w/ Silver Tail
Mine Gold Willow to Variegated w/ Report; Mine Rainbow w/
Reports; Mine Whistles w/ Reports; Mine Screamers w/ Reports
Glittering Gold Umbrella w/ Red Tips; Orange Glittering, Gold Willow to
White; Far Faller w/ Green Strobe; Purple Lemon Crossette Rings w/
Far Fall
17
17
17
17
17
An Ping
Main Presentation
Green to Silver to Purple; Color Changing Saturn; Thousand Blooming
Flower; Brocade Crown to Purple w/ Gold Tail; Kamuro to White Tips; 5
Color Chrysanthemum w/ Silver Tail; Kamuro w/ Thousand Blooming
Flower; Spanish Gold Glitter Crossette
Red Gamboge to Silver Strobe w/ Silver Tail; Gold Glitter
Crossette; Blue Crossette; Gun Fighting; Silver Crossette w/
Crossette Mine; Variegated to Strobe Willow; Green to Diamond
Rain; Silver Crackling Spider w/ Crackling Pistil; Crossette Red
Palm
Red Lantern Parachute; Silver Whirl Flower; Strobe to Report w/
Red Ring; White Lantern Parachute; Blue Peony w/ Palm Tree Pistil;
Red to Silver Crown; Green Chrysanthemum; Red to Yellow to Blue
to Green Peony; Purple Peony; Lemon Peony w/ Silver Tail
Cluster of Stars; Red Splendid Flower; Gold Willow w/ Silver Glitter;
Red Crackling Willow; Blue Crackling Willow; Gold Brocade Kamuro
to Silver w/ Silver Tail; Gold Flitter w/ Purple Pistil w/ Gold Tail
Brocade Crown w /Red Strobe Pistil; Golden Kamuro to Purple;
Green Strobe Willow; Variegated Strobe; Yellow Octopus
Chrysanthemum to Crossette Shells
15
15
15
15
15
s'.
ICON
PYROTECHNICS
INTERNATIONAL
CABALLER
Mid Show Presentation
The following is a list of "Mid Show" barrage segments, of which 3
will be incorporated into the program during the design stage.
100 Shot Fan Finale Silver Comet Tail to Titanium Salute
50 Shot 2" Assorted Peonys w/ Silver Tails
36 Shot 2 1/2" Red Tail to Multi -Palm
36 Shot 2 1/2" Dragon Eggs w/ Tails
200 Shot 3/4" Fan White American Thunder w/ Salutes
600 Shot 1/2" Fan the Wings
130 Shot Fan Brocade Bouquets
280 Shot Fan 3 -Times Whistle Titanium Salute
36 2 Y2" Assorted Color Peony Shells w/ Titanium Salutes
130 1 1 /2" Gold brocade Bouquet Mines
150 1 1 /2" Mixed Color Peony Shells
100 1 1 /2" Purple Comets w/ Silver Fish
100 -1 1 /2" Blue Comets w/ Gold Glitter Crown Shells
96 1 1 /2" Yellow Comets to Glittering Crossettes
300 -1 Green to Red Crossettes
36 2 1 /2" Gold Crackling Dragon Egg Shells
280 2" Three Times Whistles w/ Titanium Salutes
150 1 1 /2" Red, Blue Green Comets to Crossettes
100 1 '/4" Titanium Salutes w/ Multi -Color Tails
64 2" Assorted Color Comets w/ Titanium Salutes
100 -1 1 /2" Gold Crackling Flower Shells
An Ping
*I.
ICIN
PYROTECHNICS
INTERNATIONAL
Grand Finale
200 1" Thunder King Salute Shells
200 2" Color Chrysanthemum and Salutes with Tails
20 3" Sparkling Variegated Dahlia Shells
20 3" Brilliant Multi-Colored Chrysanthemum Shells
20 3" Radiant Assorted Palm Tree Shells
20 3" Brocade Crown Shells
20 3" Assorted Color Star Shells
50 3" Salutes with Silver Splatter and Rising Comets
3 5" Peony Shells
2 5" Palm Tree Shells
3 5" Blue Dahlia Shells
2 5" Golden Falling Leaf Shells
3 6" Amber Wave Shells
2 6" Golden Octopus Shells
Subject: Special Event Approval
Concert at Riverview Park.
App oved f r Submittal by: City
I/
for
Manager
Agenda No. r 0 07 Z
Department Origin:,►4"Can'
Finance Director:
City Attorney:
City Clerk:
Date Submitted: April 22, 2010
For Agenda of: April 28, 2010
A nner
Exhibits: Letter From Applicant And Park Use Permit Application
EXPENDITURE REQUIRED:
None
AMOUNT BUDGETED: N/A
APPROPRIATION
REQUIRED: None
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
SUMMARY
Reclaimed Ministries and Anything Under the Stars Entertainment are seeking Council Approval
for a concert at Riverview Park. The event titled Rock On The River a Community Memorial
Weekend Celebration will be on Saturday, May 29, 2010 from 4 to 10PM. The event will be free
to the public. They will have 4 Christian Bands and 2 to3 vendors selling refreshments. They are
also requesting to use the City stage free of charge.
RECOMMENDED ACTION
Move to Approve Reclaimed Ministries Rock on the River Event at Riverview Park on Saturday,
May 29, 2010 from 4 to 10PM.
Consider request to use City Stage for the Event free of charge.
gZ
Please check the appropriate Box:
Date:
j:///
Address.:
Mailing Address: 443
Requested Date (s)
Rain Date: g yyi
Office Use Only:
V2.5
(54-5 v
CITY of
H0ME OF PELICAN ISLAND
1225 Main Street, Sebastian, Fl 32958
Telephone (772)589 -5330 Fax (772)589 -5570
CITY OF SEBASTIAN
PARK USE PERMIT APPLICATION
Name of Permi ttee: 4(1/!' //C4
Telephone: 772 -31 77 2 f/
Name of Organization or/574:(1_,A,' Group: *'fvs //'tci'e'
OA" Reason for Use: f5/5 6 oave &C
Permit Fee Paid
Dare f meals
Park Event 50 to 300 Attendees
$50.00 Application/Permit Fee
or
Special Event-301 or More Attendees
$100.00 Application Fee
Permits May Only be issued in the N ult or Legally Organized Organization
Time of Use: From: e To: to e PA
Will there be any sate of goods? Yes No
If yes, please describe type of goods on back.
S s
/f //4-e /-l�
Food or other types of vendors? Yes l/ No
If yes, please list name, address and type of vendors and schematic of any
structures e erected or otherwise assembled on back:
I, the undersigned, acknowledge that I an the
apiij. nt or the authorized agent of the applicant_ I further acknowledge
that I am aware of the provisions of the City of Sebastian Codes in respect
to this application and the use of the City facilities for which I have
applied for a permit to allow a Park Event or a Special Event. I have made
myself familiar with the general rules and regulation_ ribed by the City
and agree to the terms of the permit.
Applicant /Agent Signature
NAME
ADDRESS
TYPE
P.cc-eA-- l w t k r
'la 5 6 ..ofa-ek A V E
wv4. r rz -t- S t$ D K 5
M6 NASTit‘
(2- pb
Vtiv'be,t
12.0 D r Q kotiiL
Park Application Continued If Required
List any vendor information a
Schematic:
OFFICE USE ONLY: Special Conditions of Permit as Requested by City Manager
APR -14 -10 11:36 AM ANYTH1NGfDJ<-SERVICE
ATTN: Chris McCarthy
To: City Manager
Reclaimed Mini rics a 50IC non profit organization, in association with Anything
Under the Stars Fntertainn ent, are requesting the use of the city STAGF. for 5/29/2010.
We are planning or a 6 hour event, consisting of 4 Christian Bands.
(Time to be dett mined, ...approx. 4pm to 10pnm)
The event is FR .E; to the public, and any vendors scheduled fbr that day will be
discounting all items, and my charging For cost.
The event is titleid: "ROCK ON Tl1E RIVER"
A Community 114ernorial Weekend Celebration.
i lucstions, If you have any I can be reach.ed at, 772 -589 -7722
Thank you for your time,
Rick Mosher
4/14/10
772 589 7722
Reclaimed Ministries
Anything Under the Stars
425 Georgia Blvd
Sebastian, FL 32958
P.01