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HomeMy WebLinkAbout10092013 Agenda PacketMy a SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 9, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION — Pastor Grant Foster, Riverside Church 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Don Wright 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 5 A. Proclamation — National Arts and Humanities Month October — Accepted by Barbara Hoffman, Chairman of the Board of Directors Cultural Council of Indian River County B. Brief Announcements i. 10/5/13 - Craft Club Autumn Show at Riverview Park — 10am -4pm ii. 10/19/13 — Making Strides Against Breast Cancer Walk at Riverview Park — 8:30 am iii. 10/19/13 — Sebastian River Art Club Show in Riverview Park — 10 am 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. 6 -15 A. Approval of Minutes — September 25, 2013 Regular Meeting 13.140 B. Christmas Parade Street Closings — December 7, 2013 (City Clerk Transmittal) 16 13.141 C. Resolution No. R -13 -35 — FDOT JPA — Airport Equipment Acquisition 17 -48 (Community Development /Airport Director Transmittal, R- 13 -35, 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 THE ACQUISITION OF STORMWATER MAINTENANCE EQUIPMENT AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 1 of 168 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 13.142 A. Construction Board 49 -54 (City Clerk Transmittal, Application, Ad, List) i. Interview, Unless Waived, Fill One Expired, HARV Contractor Position — Term to Expire September 30, 2016 13.143 B. Planning & Zoning Commission 55 -60 (City Clerk Transmittal, Application, Ad, List) i. Interview, Unless Waived, Fill One Vacant, Alternate Member Position — Term to Expire 11/1/2016 13.144 C. Police Pension Board 61 -71 (City Clerk Transmittal, Code, Applications, Ad, List) i. Interview Unless Waived, Fill Two Civilian Positions — Term to Expire October 1, 2017 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 13.139 A. Consider Request for Farmers Market (City Manager Transmittal) 72 -74 11. PUBLIC INPUT 12. NEW BUSINESS 13.145 A. First Reading of Ordinance No. 0 -13 -12 — Prohibiting Sale of E Cigarettes and 75 -89 Liquid Nicotine to Persons Under 18 Years of Age (City Attorney Transmittal, 0- 13 -12) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING SECTION 50 -6 OF THE CODE OF ORDINANCES UNDER CHAPTER 50 "HEALTH AND SANITATION" PERTAINING TO THE SALE AND USE OF E- CIGARETTES AND LIQUID NICOTINE AND PROVIDING THEREIN FOR DEFINITIONS, FOR A PROHIBITION ON THE SALE WITH THE CITY OF E- CIGARETTES AND LIQUID NICOTINE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, FOR A PROHIBITION ON THE USE WITHIN THE CITY OF E- CIGARETTES AND LIQUID NICOTINE, PROVIDING FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 13.146 B. Resolution No. R -13 -29 — Ratifying PBA Collective Bargaining Agreement 90 -158 (City anager Transmittal, R- 13 -29, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 2 2of168 13.147 C. Confirm Amendments to Management Benefits (City Manager Transmittal, 159 -164 Mayor McPartlan Management Benefits Package) 13.148 D. Confirm Resumption of Existing Charter Officer Contract Provisions (City 165 Council Member Coy Manager Transmittal) 13.124 E. Barber Street Bridge Closing (Between Joy Haven & Concha) — Frank 166 -167 Watanabe (City Manager Transmittal, Road Closure Plan) 13.136 F. Stormwater BMP Updates — Frank Watanabe (City Manager Transmittal) 168 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Hill B. Mayor McPartlan C. Vice Mayor Wright D. Council Member Adams E. Council Member Coy 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: 10123113 Regular City Council Meeting 6:30 pm 11/13113 Regular City Council Meeting 6:30 pm 12/11/13 Regular City Council Meeting 6:30 pm 3 3of168 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -13 -18 Reqular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business • New Business • Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 4of168 CrFY OF SEBAST, HOME OF PELICAN ISLAND PROCLAMATION National Arts and Humanities Month October 2013 WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country as well as by the White House and Congress for more than two decades; and WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect and imagination of humankind and enhance and enrich the lives of every American; and WHEREAS, the arts and humanities play a unique roll in the lives of our families, our communities and our country; and WHEREAS, the cultural arts industry also strengthens our local economy by producing $346 million in goods and services, $3.6 million in Florida Sales Tax, $500,000 in Indian River County Sales Tax, and $11.8 million in Indian River County Property Tax in total economic activity annually and by supporting the full -time equivalent of 1,769 earning $59 million. NOW, THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City Council, do hereby proclaim October 2013 as National Arts and Humanities Month in Sebastian and ask our citizens to celebrate and promote the arts and culture in our City and County. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 9th day of October 2013. City of Sebastian, Florida Bob McPartlan, Mayor CITY or SEBASTtA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 25, 2013 -6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Reverend Lori Hoey, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Boy Scouts from Troops 500 and 599. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy City Council Absent: Council Member Jim Hill (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Finance Director, Ken Killgore Golf Course Manager, Greg Gardner Deputy Police Chief, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Manager requested removal of item 6C, the FPL presentation, noting Ms. Brunjes was unable to attend and that he had emailed materials provided by her to Council (see attached; add item 7C to consent agenda for Resolution No. R-1 3 32 to request a continuance of permit reduction fees from St. Johns River Water Management District (see attached, and add item 12F Ms. Coy asked him to add Halo to have a dialogue with Council in regard to a Farmers Market. MOTION by Ms. Coy and SECOND by Mr. Wright to approve agenda modifications. Passed on a voice vote of 4 -0. 6 of 168 Regular City Council Meeting September 25, 2013 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.130 A. Proclamation - Domestic Violence Awareness Month - Safespace - Accepted bV Safespace Director of Programs, Judy Brophy Mayor McPartlan read and presented the proclamation to Judy Brophy for Domestic Violence Awareness Month in October. Ms. Brophy reported on domestic violence incidences in Indian River County and invited everyone to help fight violence in our community and participate on October 26th in the "Walk a Mile in Her Shoes" event at the Indian River Mall to benefit SafeSpace. 13.131 B. Proclamation - Hunger Action Month - September - Treasure Coast Food Bank Mayor McPartlan read and presented the Hunger Action Month proclamation to Treasure Coast Food Bank representatives April Aviles and Rhonda Blake. Rhonda Blake, Direct of Corporate Partnerships, Treasure Coast Food Bank, said they are serving 100,00 people a week a third of which are children and approximately 20,000 in Indian River County, and urged people to donate. 13.132 C. Florida Power and Light Presentation - Operations Update - Amy Brunjes Removed from agenda during agenda modifications. D. Brief Announcements Mayor McPartlan announced the return of the Vero Beach Air Show at Vero Beach Municipal Airport on October 5-6, and then again on May 10-11 after a 16 year hiatus; and announced the Sebastian Police Department Community Night Out for 30th Annual National Night Out and Drug Prevention Event in Riverview Park on Tuesday October 1 from 5:30 pm to 7:30 pm. Ms. Coy invited people to come out for this Saturday's "Hands Across the Lagoon" at the Wabasso Bridge, and noted this will happen at seven bridges along the lagoon in the Treasure Coast, and on Sunday at 1 pm there will be a "Rock the River" event at Earl's Hideaway with speakers from Marine Resources Council and other area organizations. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests, in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. A. Approval of Minutes - September 11, 2013 Regular Meeting B. Approval of Minutes - September 16, 2013 Special Meeting 2 7 of 168 Regular City Council Meeting September 25, 2013 Page Three C. Resolution No. R-1 3 32 - SJRWMD Reduction in Permit Fee (Added to Agenda) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUEST TO ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT TO REDUCE PERMIT APPLICATION FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Adams to approve the consent agenda. Roll Call: Ayes: McPartlan, Wright, Adams, Coy Nays: None Passed 4-0 (Hill Absent) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nomina tions and appointments under this heading. Mr. Adams reported on the FLC Legislative Policy Taxation, Finance and Personnel Committee meeting he attended in Jacksonville on September 20`h, citing the five legislative priorities, Communications Services Tax and Local Business Tax, Police and Firefighter Pension Reform, Internet Sales Tax, Special Assessments for Law Enforcement, and Uniform Chart of Accounts. He said they will narrow it down to two and send those forward. 9. FINAL PUBLIC HEARING ON MILLAGE AND BUDGET 13.010 A. Final Hearing on Millage for Calendar Year 2013 and FY 2013/2014 Buclq (Administrative Services Transmittal, R-1 3 22, R-1 3 23, R-1 3 23, R-1 3 24, Proposed Budget Under Separate Cover) City Attorney Advises Council on Procedure for Millage /Budget Hearing The City Attorney advised Council on adoption procedures to follow. City Attorney Reads Titles to Resolutions R-1 3 22, R-1 3 23, R-1 3 24, R-1 25 The City Attorney read Resolution R-1 3 22, R-1 3 23, R-1 3 24, and R-1 3 25 by title. a) Resolution No. R-1 3 22 - Millage Rate for Calendar Year 2013 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.7166 MILLS FOR THE CALENDAR YEAR 2013 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. b) Resolution No. R-1 3 23 - Budget for Fiscal Year 2013/2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30,2014; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A ", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3 8 of 168 Regular City Council Meeting September 25, 2013 Page Four C) Resolution No. R-1 3 24 - Approval of Six Year CIP - FY 2014-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2014-2019; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. d) Resolution No. R-13-25 - Adopting Financial Policies A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "A "; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. iii. City Manager Announcement of Proposed Millage Rate of 3.7166 Mills, which is .62% less than the Rolled -back Rate of 3.7398 and Budget Overview The City Manager announced that the millage rate of 3.7166 mills is .62% less than the rolled back rates of 3.7398 and gave a brief overview of the budget. He said there are no substantive changes since the first hearing and recommended adoption. iv. Mayor Opens Hearing for Public Comment on Millage, Budget, CIP and Financial Policies Mayor McPartlan opened the public hearing on the millage, budget, CIP and financial policies. Richard Gillmor, Sebastian, cited City Council Goals and Objectives in regard to the Lagoon, and said he would like to see money in the budget for preserving the Lagoon. He said he attended the Treasure Coast Regional League of Cities meeting last week, where speaker Edie Widder said 80% of the effect on the lagoon comes from 20% of the causes, and that she was anxious to get Kilroy monitors in the Sebastian area. He said the cost is $6,000 and fully equipped up to an additional $20,000. V. Mavor Closes Public Comment Mayor McPartlan closed the public hearing at 6:55 P.M. vi. City Council Deliberation and Action a) Adopt Resolution No. R-1 3 22 Millage Rate for Calendar Year 2013 MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution No. R- 13-22. Roll Call 4: Ayes: Coy, McPartlan, Wright, Adams Nays: None Passed 4-0 (Hill - Absent) 4 9 of 168 Regular City Council Meeting September 25, 2013 Page Five b) Adopt Resolution No. R-1 3 23 Budget for Fiscal Year 2013/2014 MOTION by Mr. Wright and SECOND by Mr. Adams to approve Resolution No. R-1 3 23. Roll Call: Ayes: McPartlan, Wright, Adams, Coy Nays: None Passed: 4-0 (Hill Absent) C) Adopt Resolution No. R-1 3 24 Six Year CIP for FY 2014-2019 MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution No. R-1 3 24. Roll Call: Ayes: Wright, Adams, Coy, McPartlan Nays: None Passed 4-0 (Hill Absent) d) Adopt Resolution No. R-13-25 Adopting Financial Policies MOTION by Mr. Wright and SECOND by Mr. Adams to approve Resolution No. R-1 3 25. Mr. Adams asked why there is a provision that specifies setting aside 50% of General Fund surplus each year for capital equipment replacement when the policy already allows this and may not leave enough funds for anything else that may come up. The City Manager explained that in 2005 the financial policy was set in accordance with FGFOA guidelines, which states 50% of GF surplus should go to capital replacement, that as the economy declined we depleted that fund, and three years ago we changed the policy so that we didn't have to follow that policy and we could then recapture those moneys completely in the GF. He said because the economy is getting better, he recommends the policy go back in effect to start to replace capital. Mr. Adams said maybe we should wait a little longer to see if things are really getting better. Ms. Coy and Mr. Wright agreed with staff recommendation. Roll Call: Ayes: Coy, McPartlan, Wright Nays: Adams Passed 3-1 (Hill Absent) 10. UNFINISHED BUSINESS 13.126 A. Golf Course Cart Bids - Award Bid for Purchase of 87 Carts to Yamaha Golf Car Company and Approve Resolution No. R-1 3 19 Accepting Financial Proposal from Seacoast National Bank and Authorize Mayor to Execute Necessary Closing Documents (City Manager Transmittal, Administrative Services Transmittal. R-13-19. Proposal Evaluation. Seacoast Loan Schedule. All Bids and Loan Schedules A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A PROPOSAL OF SEACOAST NATIONAL BANK AND APPROVING A LOAN AGREEMENT WITH SEACOAST NATIONAL BANK IN THE AGGREGATE PRINCIPAL AMOUNT OF $299,050 TO PURCHASE GOLF CARTS FOR THE CITY OF SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE REPAYMENT OF SUCH LOAN FROM GOLF COURSE REVENUES; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID LOAN DOCUMENTS TO SEACOAST NATIONAL BANK BY THE MAYOR; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5 10 of 168 Regular City Council Meeting September 25, 2013 Page Six The City Manager recapped input from the last meeting when the three cart bids from Club Car, Yamaha, and EZ Go were discussed, with staff recommendation to award to Yamaha, and input from a representative of EZ Go who challenged staff recommendation based on trade in value being higher for EZ Go and the Textron battery being superior citing a 30% savings for electricity costs. He said those issues were investigated, and found there was no standard for trade -in value like there is for vehicles, then staff contacted three golf cart vendors, one from EZ Go, one from Yamaha and one with no connection with one over the another, and found that Club Car had the best trade -in value, and EZ Go and Yamaha were about the same. He said one thing that was discovered is that the dealers contended that trade-in value differs during competition for a bulk lease based on the desire of the company to receive a new customer. He said he stands behind his recommendation for Yamaha. He continued on the electrical issue, his research found that of the three companies, none has an advantage, and to be able to gauge electrical consumption to isolate the cart barn from the rest of the Golf Course electrical, would cost approximately $15,000. He said that we may still want to look into separating the cart barn and replace old wiring for safety and maybe with savings we may be able to do that. He closed by stating that Seacoast is holding the same interest rate for the City and recommended approval. Mr. Wright said he appreciated the research to make sure the City was getting the best deal, and agreed with staff recommendation. The City Attorney read Resolution No. R-1 3 19 by title. MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution No. R-13-19. Roll Call: Ayes: Coy, McPartlan, Wright, Adams Nays: None Passed 4-0 (Hill -Absent) 11. PUBLIC INPUT Richard Gillmor, Sebastian, said the Sebastian River Art Club is planning a Treasure Hunt for Families in cooperation with the Sebastian River Chamber of Commerce and other local businesses where someone can pick up a treasure map and win thousands of dollars of fine art, travel, meals, etc. He also announced that the Sebastian River Art Club will host artist Fritz Van Eden on October 1 s` who will give a painting demonstration, and invited everyone to attend and bring food to be donated to the food pantry in Roseland. 12. NEW BUSINESS 13.133 A. PEA and PBA Collective Bargaining Agreements Update Adopt Resolution No. R-1 3 28 - PEA Collective Bargaining Agreement (City Manager Transmittal, R-1 3 28, CBA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 6 11 of 168 Regular City Council Meeting September 25, 2013 Page Seven The City Manager reported on the PEA and PBA negotiations, said that PEA has ratified but PBA rejected their proposal. He recommended City Council adopt R-1 3 28 to ratify the PEA contract, which will end furlough days in FY 14, add a 3% increase for FY 15 and in FY 16 we will come back for a wage opener, and added Code Enforcement and Evidence Technician uniform cleaning, and an expanded grievance time span. He reminded Council that we have historically followed PEA provisions for management staff and will make financial changes accordingly. He then reported on continuing negotiations with PBA conducted today and a tentative agreement to change the pay article and the retirement article. He said PBA will be voting again on September 30th and October 2nd and if they ratify he will bring it back to Council on October 9th The City Attorney read Resolution No. R-1 3 28 by title. MOTION by Ms. Coy and SECOND by Mr. Adams to approve Resolution No. R-13-28. Mr. Adams noted on page 74 the date should be 2016. The City Manager said it would be corrected. Mr. Wright congratulated the City Manager and staff on a tough five years for employees who did a great job working with the City to keep costs down, noting elimination of furlough will be a 4.6% increase in pay. Mr. Adams said he was glad this could be achieved for staff, who were doing more with less. Roll Call: Ayes: McPartlan, Wright, Adams, Coy Nays: None Passed 4-0 (Hill - Absent) 13.134 B. Resolution No. R-1 3-30 - Community Development Department Fee Reduction Extension to November 2015 (CDD Transmittal, R-1 3 30) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, EXTENDING THE TEMPORARY FEE REDUCTIONS ESTABLISHED BY RESOLUTION R-10-44 AND EXTENDED BY RESOLUTION R- 11 28; PROVIDING FOR AN EFFECTIVE DATE. The City Manager said this resolution will again extend a reduction in certain Community Development fees to benefit economic development. MOTION by Mr. Adams and SECOND by Mr. Wright to approve Resolution No. R-1 3 30. The City Attorney read Resolution No. R-1 3-30 by title. Roll Call: Ayes: Wright, Adams, Coy, McPartlan Nays: None Passed 4-0 (Hill - Absent) 7 12 of 168 Regular City Council Meeting September 25, 2013 Page Eight 13.135 C. Resolution No. R-1 3 31 - Amending R-09-39 Section 4 of Lease Agreement by and Between Airport and Golf Course (Administrative Services Transmittal, R-13- 31. Exhibit A Lease Amendment. R -00-48 w /Lease Attached. R-09-39 Amendmen A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SECTION 4 "RENT" OF THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager recommended approval of Resolution No. R-1 3-31 which, based on a reduction in property values, reduces the rent the Golf Course pays to the Airport to $115,000 per year. The City Attorney read Resolution No. R-1 3-31 by title. MOTION by Coy and SECOND by Wright to approve Resolution No. R-1 3 31. Roll Call: Ayes: Adams, Coy, McPartlan, Wright Nays: None Passed 4-0 (Hill - Absent) 13.136 D. First Reading of Ordinance No. 0-13-11 - Stormwater NPDES Program - Set Public Hearina for October 23. 2013 (City Manaaer Transmittal. 0-13-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES CREATING ARTICLE VI, RELATING TO THE IMPLEMENTAION OF AN URBAN STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL PROGRAM TO REDUCE POLLUTANT DISCHARGES TO THE MUNICIPAL SEPARATE STORM SYSTEM (MS4) IN COMPLIANCE WITH FEDERAL CLEAN WATER ACT; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DISCHARGE AND PROHIBITION; PROVIDING FOR REGULATION AND REQUIREMENTS; PROVIDING FOR INSPECTIONS AND MONITORING; PROVIDING FOR ENFORCEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. The City Attorney read 0-13-11 by title. The City Manager said the Federal Clean Water Act requires local governments to adopt an urban stormwater quality management and discharge control program to reduce pollutant discharges, which demonstrates to the community that we are laying out a plan, following best management practices, and recommended passage on first reading. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance No. 0-13-11 (on first reading and set public hearing for October 23, 2013). Mr. Wright asked for an update on Frank Watanabe's preparation of a stormwater plan for the City. The City Manager said this NPDES program is different than a stormwater master plan, we have done stormwater master plans in the past, but not with specific focus on the riverfront, and in the FY 14 budget we have approved funding to start to formulate a stormwater plan specifically for the riverfront. Mr. Wright said it was good planning to budget $50K for a stormwater plan, and the City Manager cited the $100K for sewer grants in the CRA budget, and other stormwater projects the City has already accomplished. Roll Call: Ayes: Coy, McPartlan, Wright, Adams Nays: None Passed 4-0 (Hill - Absent) 8 13 of 168 Regular City Council Meeting September 25, 2013 Page Nine 13.137 E. Consider Lien Release 1678 Fatima Court (Code Enforcement Transmittal, Figueroa Request Letter) The City Attorney said this is a request by the Figueroas to eliminate the interest accrued on the $515.93 lien in the amount of $228.73. He said the lien was imposed for cutting back encroaching vegetation on five feet of property. MOTION by Ms. Coy and SECOND by Mr. Wright to approve removal of the interest of $228.73 Roll Call: Ayes: McPartlan, Wright, Adams, Coy Nays: None Passed 4-0 (Hill — Absent) F. Halo Farmers' Market — (Added During Agenda Modifications) Ms. Coy said two weeks ago she met with Brittany Swartz to discuss a farmers market in the City and the item was to have been on this agenda. She said Ms. Swartz runs the farmers market in Vero Beach. Brittany Swartz, handed out a proposal for farmers market for Sebastian on every Sunday from 8 am to noon on the east side of Riverview Park near the Twin Piers, noting they would accommodate other events scheduled in the park. (see proposal attached. She said this would not be a flea market, and would only allow food, home and garden accessories, and plants, and that they chose Sunday because some of the vendors who are involved in the Saturday Vero Beach market would like to participate. She said she was willing to try it on a trial basis. Mr. Wright said he did not think there was a lot of interest, that we have discussed this several times and our local vendors object, and have not had a chance to speak tonight. He said he did not see a great demand from the community and this is another event in a park that is there for public purpose, and that every Sunday seems like a lot. It was decided to carry it to a future agenda, Mayor McPartlan noted there are volleyball groups that use the park on Sundays and suggested letting the Chamber chime in, and it was finally agreed to put it on the October 9, 2013 agenda. The City Manager said he would meet with Ms. Swartz and put together a written draft agreement. 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS The City Manager reported we got notice we have been approved for the TDML grant for Tulip Street, and that the FIND Board is having their second reading on their budget and we should find out if we get a grant for the fish house, noting that FIND said they voted favorably on the City's grant proposal. 15. CITY CLERK MATTERS None. 9 14 of 168 Regular City Council Meeting September 25, 2013 Page Ten 16. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy reported the North County Hunger Coalition is going to continue and will be seeking funding, noting the Salvation Army will give them a day to ring the bell at Walmart on December 6 and all money received that day will go toward the coalition. She reported they are feeding 140 people hot meals every Wednesday. B. Council Member Hill - Absent C. Mayor McPartlan Mayor McPartlan once again reminded everyone about the Sebastian Police Department National Night Out event in Riverview Park, and said he had provided the City Attorney with ordinance language given to him by Leslie Spurlock on "e cigarettes" which have no regulation and are becoming attractive to children, to bring forward to the next meeting. D. Vice Mayor Wright Mr. Wright said on the issue of the Indian River Lagoon, that the City could benefit from having a public workshop forum on research, remediation, restoration, and regulation and the way to do this is to work with a facilitator and look at all different things Sebastian does or does not contribute to the issues. He said SJRWMD has interest in funding for Kilroys, but that right now we have no baseline research in our waterways and we don't know what the levels are. He said perhaps we can come together as a community and look at solutions such as restoration, removal of muck, planting oyster beds and seagrass and come together as a community. He said he would like to kick this around tonight or at a future meeting. E. Council Member Adams Mr. Adams said he had been in communication with Troy Rice, in regard to the fact that no studies had been done in our area, and in his response, Mr. Rice said the National Estuary Program is starting an 18 month study in this local area. Ms. Coy said Troy Rice will be one of the speakers at Earl's on September 28th. Mr. Wright said the key is for us to understand what they are doing. Mr. Adams said he would try his best to keep in touch with Mr. Rice. Mr. Adams said in keeping with Hunger Action Month, he hoped we remember those who are less fortunate. 17. Being no further business, Mayor McPartlan adjourned the meeting at 8:09 p.m. Approved at the October 9, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest. Sally A. Maio, MMC, City Clerk 10 15 of 168 1225 Main Street Sebastian, Florida 32958 Subject: 12/7/13 Christmas Parade Agenda No: /4D Route — Street Closings Department Origin: Ci Clerk�� City Attorney: Approved for Submittal by: Date Submitted: 10/1/13 For Agenda of: 10/9/13 Al Minner, City Manager SUMMARY STATEMENT The annual Christmas parade and Santa visit is sponsored by GFWC Sebastian Womens and Juniors Womens Clubs, Sebastian Property Owners Association, Sebastian River Area Chamber of Commerce, and City departments. GFWC will provide the Santa House, hotdogs /sodas /coffee and its band will provide music in Riverview Park; Parks Department will provide barriers and prepare signs for the Main Street parking lot and ramp, provide audio equipment, and work with the Craft Club for location of tents at their show on that day offering them the opportunity to participate by staying open into the evening; the Chamber will take applications for floats, SPOA will coordinate the parade setup, and volunteers will work with us to close and reopen streets and direct traffic. We will be contacting all businesses on Indian River Drive to advise them of our plans to close and reopen Indian River Drive as the parade progresses toward Riverview Park. We would ask that you close the following streets: Indian River Drive from Jefferson Street on the north to the south end of its intersection with Sebastian Boulevard, starting on the north end at 4:00 pm to line up floats into the Main Street parking lot until the parade leaves the area at 6 pm. Streets coming into Indian River Drive would not need to be closed until just before 6 pm and then reopened as the parade progresses. Main Street from US 1 to the river from 4:30 pm until the parade leaves at 6 pm. Sebastian Boulevard from the river to just east of the Hess station from 6 pm to the end of the event in Riverview Park. We suggest there be a sign placed at US 1 and Main, and at both ramps and parking lots as soon as possible to notify boaters of this activity. We plan to use the boat parking area on Main Street as our parade staging area and request that we be allowed to notice that it must be vacant by 3 pm. RECOMMENDED ACTION Approve street and Main Street boat lot closings for the Christmas parade and Riverview Park Santa visit on December 7, 2013 as requested. GITOF SIATKK w, HOME OF PELCAN HAND AGENDA TRANSMITTAL Subject: FDOT JPA for Equipment Agenda No. rX -is y 1 Acquisition Department Origin: Communit velo` ent Airport Director: J. Griffin A rove or Submittal by: ` Finance Director: K. Killgo Admin Services: D. Krueg 'I City Clerk: S.A. Maio 1 i City Manager City Attorney: R. A. Ginsburg Date Submitted: 3 October 2013 For Agenda of. 9 October 2013 Exhibits: FDOT JPA 434545; R -13 -35 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED: -0- SUMMARY Sebastian Municipal Airport staff was recently successful in securing a Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the acquisition of Stormwater Maintenance Equipment. The JPA amount/FDOT participation is $120,000. Total project amount is $150,000. Some recent projects, especially land clearing projects, have shown a need to replace worn equipment or to acquire new, more efficient, equipment. Pending approval of acceptance of this grant, staff will begin the investigation, and bid process, for equipment. Once appropriate equipment is found, staff will submit to Council all information relating to a purchase recommendation. RECOMMENDED ACTION Approve Resolution R -13 -35 authorizing the City Manager to execute FDOT JPA 434545. FUNDING SOURCE City /Airport funding this project is a $30,000 match from the Stormwater Fund as part of the FY14 CIP, which Council approved on 25 September 2013. 17 of 168 RESOLUTION NO. R -13 -35 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 THE ACQUISITION OF STORMWATER MAINTENANCE EQUIPMENT AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding to Acquire Stormwater Maintenance Equipment 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. 434545- 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 put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Council Member Andrea B. Coy Council Member Jerome Adams Council Member Jim Hill and, upon being 18 of 168 The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of October 2013. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA AO- Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 19 of 168 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: DPTO FLAIR Approp.: 088719 434545- 1 -94 -01 Function: 637 FLAIR Obj.: 750004 (hem - segment -phase- sequence) Federal No.: Org. Code: 55042010428 Contract No.: DUNS No_: Vendor No.: VF596000427008 CFDA Number. Agency DUNS No.: CSFA Number: 55.004 CFDA Title: CSFA Title: 725 -o3o4e PUBLIC TRANSPORTATION OGC.5113 Page 1 of 14 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 202 Airport Drive East Sebastian, FL 32958 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2015 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. Pi�I>r>i�i�►�►9 � ii: it WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) , Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Acquire Stormwater Equipment and as further described in Exhibit(s) A.B.0 & D attached hereto and by this reference made apart 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. Page 1 o114 20 of 168 725.030-00 PUBLIC TRANSPORTATSON OGC - 5113 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 150.000.00 . 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 $ 120,000.00 as detailed in Exhibit "B ", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B ", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is it 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. Page 2 of 14 21 of 168 725. 030.06 PUBLIC TRANSPORTATION OGC - 5/13 Page 3 of 14 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, cant' out the project and shall incur obligations against 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, or Amendment thereto, and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed, 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 ". Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) 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 Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub - consultants performing work on the Project and all other records of the Agency and sub - consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 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 Authority: In addition to the requirements below, the Agency agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, Florida's Chief Financial Officer or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five 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. Page 3 o1 14 22 of 168 72503MB PUBLIC TRANSPORTATION OGC - 5/13 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A -133 as revised 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 CircularA -133 as revised, 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 FDOTs Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non - profit organizations as defined in OMB Circular A -133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A -133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part 11 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(8), 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. Page 4 of 14 23 of 168 725.030.08 PUBLIC TRANSPORTATION OGC - 5113 Page 5 o114 Part III Other Audit Requirements 1. The Agency shall follow -up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133 as revised, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133 as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133 as revised, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133 as revised. 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 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: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A -133 as revised, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133 as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Page 5 o114 24 of 168 728.830-08 PUBLIC TRANSPORTATION OGC - 5113 Page 8 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 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 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133 as revised, 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 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 reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 8.00 Requisitions and Payments: Pape B of 14 25 of 168 725-030.06 PUBLIC TRANSPORTATION OGC - 5113 Page 7 of 14 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 West Commercial Boulevard Fort Lauderdale, FL 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 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 8.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A ". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 8.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 8.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be submitted on the Department's Travel Form No. 300- 000 -01. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Pago 7 of 14 26 of 168 nso3o-06 PUBLIC TRANSPORTATION OGC - 8r13 Page B of 14 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved 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: 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. 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: The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that 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. If Federal Transit Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review. 12.20 Procurement of Personal Property and Services Page 8 of 14 27 of 168 725 - 030-06 PUBLIC TRANSPORTATION OGC - 5113 Pepe 9 0111 12.21 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 287.055, 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 Chapter 287.055 F.S., the Consultants' Competitive Negotiation Act. 12.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and /or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit °B °, or that is not consistent with the project description and scope of services contained in Exhibit 'A° must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 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. 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 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, 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 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.) 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. Page 0 of 14 28 of 168 725 -030 -W PUBLIC TRANSPORTATION OGC • 5113 Page 10 of 14 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 employment 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 officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Regulations: 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. Page 10 of 14 29 of 168 726010 -06 PUBLIC TRANSPORTATION OOC -W13 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is Papa 11 011 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. 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. Pape 11 of U 30 of 168 725030-08 PUBLIC TRANSPORTATION OGC - 5113 Page 12 of 14 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C° if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans, the Agency will certify that: a. All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits "A° and "B" of this Agreement as well as the Scope of Services; and d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period 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 12/31/2015 . 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 . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: Page 12 of 14 31 of 168 725.030 -8 PUBLIC TRANSPORTATION OGC • 5113 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of Page 13 0114 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. 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 Division of Consumer Services at 1-877 -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. 25.00 E- Verify: Vendors /Contractors : 1. shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Pape 13 of 14 32 of 168 725030-08 PUBLIC TRANSPORTATION OGC -W13 Page 14 of 14 Financial Project No. 434545- 1 -94 -01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. ITeMILI A City of Sebastian AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gent' O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Page 14 of 14 33 of 168 Fin. Proj. No. Contract No: 434545- 1 -94 -01 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 The City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Acquire Stormwater Equipment SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C ". COMPLIANCE WITH LAWS The Vendor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Vendor in conjunction with this Agreement. Specifically, if the Vendor is acting on behalf of a public agency the Vendor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Vendor. (2) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. 34 of 168 This language should be included in any agency agreements associate with work or services under the Joint Participation Agreement. Failure by the Vendor to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Vendor shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the Department a copy of the Vendor's response to each such request. SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. The items must be submitted and approved through the Florida Aviation Database http://www.florida- aviation- database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables must be received and accepted by the Department prior to the payment of services. The Department of Financial Services Internet link below provides guidance on clear and comprehensive scopes and deliverables development. The scope of work and deliverables are specifically addressed in chapter 3: http: / /www myfloridacfo com/ aadir/ docs/ ContractandGrantManagementUserGuide .pdf Narrative Purchase small and large support equipment Justification Equipment is necessary to assist in storm water projects associated with FDOT funding. Acquisition of heavy and small equipment will help protect obstruction areas of runways, taxiways, and FDOT funded buildings. Primary surfaces on runways and taxiways are prone to flooding during the rainy season. Acquisition of proper equipment is necessary for safety concerns when pooled water overruns onto runway and taxiway surfaces SCOPE OF SERVICES Design Phase The Agency must submit a signed copy of an agreement between the Agency and its third -party consultant, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the third -party consultant. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its third -party consultant. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of 35 of 168 measurement and unit price /cost. The consultant should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 2. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and /or task completions are correct and that the amounts indicated on the invoice are correct. 3. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the third -party consultant. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Construction Phase 4. The Agency must submit a signed copy of an agreement between the Agency and its contractor, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the contractor. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its contractor. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price /cost. The contractor should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 36 of 168 5. The contractor should submit their pay request to the Agency's project inspector for approval using the standard "Application and Certificate for Payment' form. The Agency's project inspector will review and approve the contractor's pay request certifying the percentage of completion and/or quantities are correct. 6. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and /or task completions are correct and that the amounts indicated on the invoice are correct. 7. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the contractor. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. 37 of 168 Financial Project No. 434545- 1 -94 -01 Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian 202 Airport Drive East Sebastian, FL 32958 referenced by the above Financial Project Number. I. PROJECT COST: $150,000.00 TOTAL PROJECT COST: $150,000.00 II. PARTICIPATION: Maximum Federal Participation FAA ( 0 %) or $ 0.00 Agency Participation In -Kind ( 20 %) or $ 30,000.00 Cash ( %) or $ Other ( %) or $ Maximum Department Participation, Primary DPTO ( 80 %) or $ 120,000.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $150,000.00 Page 1 of 1 38 of 168 Financial Project No. 434545- 1 -94 -01 Contract No. Agreement Date EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian 202 Airport Drive East Sebastian, Ft. 32958 A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Page 1 of 7 39 of 168 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and /or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non - aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self - sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost - feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program ( JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. Page 2 of 7 40 of 168 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one -year extension of this two -year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14 -60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: Page 3 of 7 41 of 168 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer -aided drafting (CAD) files of the airport layout plan. b. Developing a cost - feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost- feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. Page 4 of 7 42 of 168 EXHIBIT "C" AVIATION PROGRAM ASSURANCES e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. Page 5 of 7 43 of 168 EXHIBIT "C" AVIATION PROGRAM ASSURANCES d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14 -60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports • Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection >& Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes Page 6 of 7 44 of 168 EXHIBIT "C" AVIATION PROGRAM ASSURANCES thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non - compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non - compliance with the terms of the agreement. Pago7of7 45 of 168 Financial Project No. Contract No. Agreement Date EXHIBIT "D" 434545- 1 -94 -01 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc... ) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agencv Catalog of Federal Domestic Assistance (Number & Title) Compliance Requirements STATE RESOURCES State Agency Florida Department of Transportation Compliance Requirements Activities Allowed: Airport Planning Catalog of State Assistance (Number & Title) 55.004 Amount Amount $120,000.00 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: Page 1 or 3 46 of 168 EXHIBIT "D" - 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) 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) Page 2 of 3 47 of 168 EXHIBIT "D" Economic Development The Department provides up to 50 percent of airport economic development funds to build on- airport revenue - producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Matchinq Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Reguirements NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Page 3 of 3 48 of 168 CnY« SE�T�1V }TOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Fill One Expired HARV Contractor Agenda No. Y A Position on the Construction Board V Department Origin: Cit y Clerk A rov f r Submittal by: City Manager City Attorney: For Agenda of: 10/9/13 A i Date Submitted: 9/18/13 Ex ibits: application, board member list, ad SUMMARY Code Sec. 26 -191 provides that, "The City Construction Board shall be composed of seven members and, as far as practical, shall consist of two certified contractors (residential, building, general), one electrical contractor, one heating and ventilation contractor, one architect or engineer, one plumbing contractor, and one concerned citizen. The City Council may also appoint one or two alternate members who shall serve as necessary to assemble a maximum of seven voting members of the Board. It is preferred that the alternate members consist of one certified contractor and one concerned citizen." The positions of the following Construction Board members/vacancies have expired September 30, 2013: Regular Member — Electrical Contractor — Vacant Regular Member — HARV Contractor — Held by Frank Dalessandro Alternate Member — Concerned Citizen — Vacant Alternate Member — Contractor Position — Held by Greg Roux At this time, Frank Dalessandro has indicated an interest in serving another term. RECOMMENDED ACTION 1) Interview unless waived, and submit nominations for the expired regular member, HARV contractor position to expire 9/30/2016. 49 of 168 HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: S Oh HOME ADDRESS: )5"e HOME PHONE:3 r_ j to HOME FAX: E -MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Y,5S HOW LONG? % Yom• DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? WO DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? Ala PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) _ CODE ENFORCEMENT BOARD (permanent board - meets once a month)" .2_ COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board -meets as needed) _CONSTRUCTION BOARD (permanent board - meets once a month)" HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board - meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)" POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)" PARKS & RECREATION ADVISORY COMMITTEE: (permanent board - meets once a month) _ TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE: = ? TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) , OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appoin"ani r f -' 50 of 168 -i . r;t <_3 r� -J APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) I HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? lZ (�4�i� p2Ci'��i �/Yl fOit/�G Simi GLS LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: (`�pU.2l2lr��! G� O� /z'� ?1� /v.Lf' 4'�Z� �j'f � 1��/- �- G✓ili� wJ�i ?�/1Q��i27� %~�'�f i �oNi� . /.SS ij�S , ,�•cr� -� is1� L i c �t� Se — _. _ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE ? /I✓L% HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ,q14,2 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? Yes; S I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Seb i Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or co ittee is available if requested. _ Applicant Signature Subscri /bye . and sworn to before me this , � day__ of who is�- `personally k 8wn as idsntificatllcn. 4P/t u b' to of Florida ��pY Pi JENNY GESSLER N ot Public - State of Florida ? My C mm�,sbn E)#w Jul 10, 20M Co r rnissian #DD041212 nnu• 1w p -fo r mlap p l i c at. wp d rev. 112004 to me, or 005 by has produced 51 of 168 CONSTRUCTION BOARD 3-YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 6:00 P.M. MEMBER NAME AND POSITION APPOINTME CURRENT TIME ADDRESS NT HISTORY STATUS COMPLETED Di mar ulla Electrical Contractor Reappointed Term to expire 7/11/2047 — 104 earmont Street Position 10/13/14 9/30/2013 10/30/2410 Seb n, FL 32958 Took 91 -444 Conover's �J ` position Jean Carbano - Chair Regular Reappointed Term to 9/24/08 - 433 Betty Avenue Concerned 10/12/11 expire 10/12/11 Sebastian, FL 32958 Citizen Reappointed 9 /30/2014 Jean ne4199(a)aol.com Position 9 /24/08 9/14/2005- 581 -1397 9/30/2008 Reappointed 9/14/05 5/26/2004 - Took Stuart 9/14/2005 Houston's ALT position James Fortier Plumber Position Reappointed Term to 3/23/2011 - 9/30/2012 1301 Dewitt Lane 9/26/2012 expire Sebastian, FL 32958 9/30/2015 10/13/2010 - Jim Fortier(a).att.net Took Reyes 3/23/2011 473 -2043 position ALT 3/23/11 2/10/10- 10/13/10 ALT Mark Redden Engineer Reapptd Term to 10/13/2010 - 537 Periwinkle Drive or is /1�l2012 expire .10/10/2012 Sebastian, FL 32958 Architect 9/34/2015 1/13/2010 - reddenconstructionl1c@ Position 10/13/2010 gmail.com ALT 581 -0119 52 of 168 Harry Bent' Regular Took Hoses Y' Term to 4/13/11 - 731 Atiantus Terrace Contractor position on expire 9/26/12 ALT Sebastian, FL 32958 Position 9/26/2012 9/30/2015 marionberry(o)bellsouth.net Took Heck's 388 -5599 alt member position on 4/13/11 Dalessandro HARV Reappointed Term to 11/14/2007- 130 Stony Point Drive Contractor 10113/10 expire 10/13/2010 1Frank Sebastian, FL 32958 Took 9/30/2013 Fran keed(a).bigfoot.com Mitchell's 8/10/2005- - 508 -7140 Position - 11 /14/2007— 581-6966 Shawn Hosey Regular Reapptd Term to 9/30/2009- 133 Cardinal Drive Member 10/10/2012 expire 10/10/2012 Sebastian, FL 32958 Contractor 9130/2015 flacruCaibellsouth. net Heck's 9/27/2006- 538 -4888 position 9/30/2009 7/12/2006- 9/27/2006 ALT Vacant Alternate Berry's Term to Concerned position expire Citizen 9/30/2013 Position Greg oux 19-la--2567 Alternate A td Term to 822 Barber Street Contractor 10/24/2012 expire Sebastian, FL 32958 Position 9/30/2013 verohomeaudio(aD-gmail.co Took Redden's M - I - Dosition BOARD SECRETARY — Linda Lohsl 53 of 168 RIC August 6, 2013 Contact: Jeanette Williams Board Coordinator 388 -8215 PRESS RELEASE The Sebastian City Council is accepting applications for the following expired positions on the Construction Board: Electrical contractor position HARV contractor position Alternate member, concerned citizen position Alternate member, contractor position The new term for the positions will be until September 30, 2016. Applicants must be City residents. Please be advised these are volunteer positions subject to financial reporting requirements. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Application forms are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 am and 4:30 pm or downloaded from www.cityofsebastian.org Applications will be accepted until the positions are filled. MIR 54 of 168 mr or HOME OF PELICAN ML%" City of Sebastian Subject: Fill One Vacant Alternate Agenda No: R6 -13 -14f,3 Member Position on the Planning and Zoning Commission Department Origin: City Clerk's Office ir Submittal by: Date Submitted: 10/1/13 t For Agenda of: 10/9/13 i e , City Manager City Attorney: Exhibits: Application, Ad, List Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Mr. McManus has responded to previous vacancies on the Planning & Zoning Commission and requests again to be considered. No other applications have been received. RECOMMENDED ACTION Interview, unless waived, and submit nomination for the vacant alternate member position with an expiration term of November 1, 2016. i JJ VI IVV RE - Y itltia C; r /yOfs I4 ?49 ? APPLICATION TO SERVE ON CITY BOARD /COMMITTE �!bftti 3oard and Committee Members Must be Residents of the Citv of Sebas I §4�a57 NAME: ( r f u1 • 4 C dl'1 VA 1-4 .'S HOME ADDRESS: (Z �j 5 �' T3 /4 S r/ ,-41i4 L--y`t tL.:r < HOME PHONE: 772- -- S S' E -MAIL: i'Y1 ra ry-N cn iJ S Zoo 3F Ly 501-/-r74 ©i / BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: E -MAIL: - ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? /L./v ✓ Z d o %/ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /,-/D DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDSICOMMITTEES? ✓V O PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW.ADVISORY BOARD (temporary - meets during summer) COMMUNITY REDEVELOPMENT FAQADE, SIGN & LANDSCAPE GRANT SELECTION COMMITTEE CONSTRUCTION BOARD (permanent board - meets once a month)' HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board — meets quarterly) NATURAL RESOURCES BOARD (permanent board — meets once a month) X PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' PARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month) OTHER COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required, following. appointment - 56 of 168 -T APPLICABLE EDUCATION AND /OR EXPERT NCE: (a brief resume is required) � V ha I v 41< rt 1 �� 'i "s /L j V -1--tq HOW WOULD YOUR EXPERIENCE B NEFIT THE BOARD YOU'RE APPLYING R? p r U , ry Cr -T- PC M 0 I Ci -I V +ate s /1 �—s rz �c� ✓2A D4 LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: L- t v UP I " �• I D Y- -c V-� �-J n � S,, �v c_st_ / 9 le I�i4 "7 �, tL d wti e_ -�- a-1> L-,Z nib A 'P, c,--- 1�v k-S F:�Z�M ) 9 V I — ?,o 03 HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? )`,-J O HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE ? /V O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE ? C— -$ c��'� -✓�-a I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian de of dinance ections 2 -166 through 2 -173 (attached). Information relative to a specific board or corn:im= if requ ed. scant Signature and sworn to before me this J . RCA41, G" , who is identification Notary PublicjState of Florida 9� day of j 3 by personally known to me, or has produced . ti 1 Commission # EE 024350 Q- Expires October 5, 2014 ,R,h * eonde D-Tfvy Fain Mwaxeboon & j0t9 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 \wp- form\a ppl i cat.wp d rev. 7/2007 57 of 168 • • UM PRESS RELEASE September 18, 2013 Contact: Jeanette Williams 388 -8215 The City of Sebastian is accepting applications for the following position on the Planning & Zoning Commission: Unexpired, Alternate Member Position — Term to expire 11/1/2016 Interested individuals must have resided in Sebastian one year prior to application; and file annual financial disclosure. This is a volunteer position. Applications are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian between the hours of 8:00 am and 4:30 pm or on www.cityofsebastian.org Applications will be accepted until October 1st, 2013. 58 of 168 PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND APPOINTMENT CURRE TERMS ADDRESS HISTORY NT COMPLETED STATUS [MOST RECENT HISTORY FIRST] Larry Paul Took Hepler's expired Term to 1701 Sunset Lane regular member position expire Sebastian, FL 32958 12/14/11 11/1/2014 Pau 1384na.bellsouth.net 388 -0937 Rick Carter Took Cardinale's expired Term to 237 Main Street regular member position expire Sebastian, FL 32958 4/27/11 4/1/2014 focussys(aD-att.net 918 -4600 Took Durr's unexpired alt member position 2/9/11 Tahir (Bash) Qizilbash Took Paul's expired Term to 103 Barbara Court regular member position expire Sebastian, FL 32958 4/27/11 5/1/2014 Bash. pes(ED-wail.com 581 -0775 Took Srinivasan's expired Term to Domenic Durr regular member position expire 542 Quarry Lane 2/9111 2/1/2014 Sebastian, FL 32958 ddomf(a)-hotmail.com Reappointed alt member (412) 381 -1701 1/26/11 Took Hepler's unexpired alternate member position 12/16/09 David Reyes Re- appointed 6/13/12 r to expire 458 Oak Street 6/1/2015 Sebastian, FL 32958 Took Simmons unexpired Josereyes01(cD-comcast regular member position 3/1/11 .net 453 -6157 Took Neuberger's unexpired alternate member position 7/14/10 59 of 168 Joel Roth — Vice Chair Re- appointed 4/24/13 Term to 1984 E. Lakeview Drive expire Sebastian, FL 32958 Re- appointed 5/12/10 5/1/2016 9oelroth(a?,msn.com 589 -6894 Took Buchanan's unexpired regular member position 1/27/10 Ed Dodd — Chair Reappointed 11/17/10 Term to 906 Fleming Street Sebastian, FL 32958 Took Allocco's unexpired expire 11/1/2013 eddodd(c)-aol.com regular member position 388 -5440 12/12/07 VACANT Term to expire 11/1/201 Louise Kautenburg Took Hennessey's Term to 973 Oswego Avenue unexpired alternate expire Sebastian, FL 32958 member position 3114/12 1/1/2014 Louisekl (a)-iuno.com 696 -3716 Staff Liaison — Community Development Director 60 of 168 Gy Of HOW OF PELICAN ISLAND City of Sebastian City Clerk's Office Subject: Fill Two Expired Civilian Positions Agenda No. '�-6C- on the Police Retirement Board of Trustees I Department Origin: City Clerk's Offic e JApoJvfSubmittal by: City Manager City Attorney: Date Submitted: 10/1/2013 For Agenda of: 1019113 A A r Exhibits: Code, applications, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Mr. Zomok has served on the Board since 2011 and would like to serve an additional four year term. Mr. Hoffman, currently a Citizens Budget Review Advisory Board member, has also indicated an interest in serving. The City Attorney has opined that residents may serve simultaneously on these boards. No other applications have been received. RECOMMENDED ACTION Interview unless waived, submit nominations for the two expired civilian positions on the Police Retirement Board of Trustees with terms to expire October 2017. ,.,111,.L..z.3 Sec. 5846. Police officers' pension plan (5) Notwithstanding the provisions of F.S. § 185.05(1)(a) to the contrary: (1) (a) The membership of the board of trustees for chapter plans consists of five members, two of whom, unless otherwise prohibited by law, must be legal residents of the municipality and must be appointed by the legislative body of the municipality, and two of whom must be police officers as defined in § 185.02 who are elected by a majority of the active police officers who are members of such plan. With respect to any chapter plan or local law plan that, on January 1, 1997, allowed retired police officers to vote in such elections, retirees may continue to vote in such elections. The fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the legislative body of the municipality. Upon receipt of the fifth person's name, the legislative body shall, as a ministerial duty, appoint such person to the board of trustees. The fifth member shall have the same rights as each of the other four members appointed or elected, shall serve as trustee for a period of 4 years, and may succeed himself or herself in office. Each resident member shall serve as trustee for a period of 4 years, unless sooner replaced by the legislative body at whose pleasure the member serves, and may succeed himself or herself as a trustee. Each police officer member shall serve as trustee for a period of 4 years, unless he or she sooner leaves the employment of the municipality as a police officer, whereupon a successor shall be chosen in the same manner as an original appointment. Each police officer may succeed himself or herself in office. 62 of 168 • 1 • b SFp 1 1 of J ?013 .Y Cl Sebd APPLICATION TO SERVE ON CITY BOARD /COMMITTEE arks O'oe (All City Board and Committee Members Must be Residents of the City of Sebasban) NAME: a V 0 e A T Zd Ian HOME ADDRESS: 6 8 J^ l U L t- L C L s —.►q.J El z r� HOME PHONE: L - 3� E -MAIL: O -i� 1" C o Y+'1 BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? YU HOW LONG? k q DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? fl) () DO YOU PRESENTLY SERVE ON A Y OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? () U PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: 2,, CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) -9 CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) COMMUNITY REDEVELOPMENT FAQADE, SIGN & LANDSCAPE GRANT SELECTION COMMITTEE CONSTRUCTION BOARD (permanent board - meets once a month)' HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board - meets quarterly) NATURAL RESOURCES BOARD (permanent board - meets once a month) PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)' _POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) OTHER COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 63 of 168 APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENC BENEFI T E BOARD YOU'RE APPLYING FOR? efNT10& LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOAR Q OR COMMITTEE: S� a Ar rlA> uv► g F v rrf z SJ,, >-, r� HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? � 11 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? YF1 I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. have been provided with, read and understand City commi stian C e of Ordi es Sections 2 -166 through 2 -173 (attached). Information relative to a specific board vaila re u sted. !i Si at Subscribed and sworn to before me this 17+k day of 5c 2 tn be r ZU R , by ko be f Z y m U u— who is personally known to me, or has produced as identification. ry Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 Iwp- formlapplicat.wpd rev. 7/2007 E NEifEWIWAMS mission # EE 038067 ires February 28, 2015 RxuTMy FaM kwxwm 8DM85JOt9 64 of 168 ROBERT J. ZOMOK 685 Collier Lake Circle Sebastian, Florida 32958 388 -9339 EXECUTIVE SUMMARY: An executive with broad experience in the field of human resource management. Technical abilities in all phases of personnel management with emphasis in compensation, pension, executive compensation, employee relations, policy and procedure writing, HRIS, and direct as well as preventative labor relations. Strong facilitation skills and particularly adept at development of human resources staff. Major emphasis on team building as a key human resource management tool in organizational development and culture change. Cognizant of and experienced with multi-site facilities and merger and consolidation activities in an integrated delivery system environment. Skilled in the use of Microsoft Office and various HRI systems. EXPERIENCE: INDIAN RIVER MEMORIAL HOSPITAL Vero Beach, Florida DIRECTOR, HUMAN RESOURCES: Direct the Human Resources, Education, and Employee Health Departments. Participated in negotiating the first labor contract covering the Registered Nurse. The contract resulted in no increased cost to the Hospital. Implemented the reinstallation of the Infinium Human Resources Information System. The results, to date, include the first position control report for the organization, production of Performance Evaluation and Turnover reports for the Board, and a dramatically improved reporting capability. Revitalized the credibility of the Human Resources function by introducing a customer - focused approach. Revised the Workers' Compensation program resulting 'in a $150,000 reduction in cost. Restructured the welfare benefits program netting savings in excess of $50,00 per year. Established a collaborative relationship with the Teamsters union. To date, over 30 grievances have been filed and the union has withdrawn over half of them. No issues have been taken to arbitration. Actively involved in the planning for a change from a paternalistic culture to one of an empowered work force through the active utilization of the organization's Values. ATLANTIC MEDICAL CENTERS Daytona Beach, Florida DIRECTOR, HUMAN RESOURCES: Managed the day - today operations of the Human Resources Department. Revised the position control report to provide more accurate manpower reporting. This resulted in the initial stages of using multi- disciplinary teams to resolve human resources issues. Restructured required Board reports reducing the time required to less than one hour per month. Initiated projects including establishing a structured approach to position approval, redesign of the PRN pool program, definition of levels of management, the production of a wage and salary group /grade report, and implementation of a reduction in force. Each of these projects required the use of teams. Managed the Maintenance, Housekeeping, and Marketing, and the Seniors Program. MILFORD MEMORIAL HOSPITAL Milford, Delaware DIRECTOR, HUMAN RESOURCES: Managed the human resources, training and development, volunteer, auxiliary, and employee health functions. Directed the organizational development, management development; compensation and benefits, employee relations/discipline, employment, HRIS, pension planning, deferred compensation, employee assistance, legislative compliance, and workers' compensation programs. On an interim basis, led the housekeeping, dietary, maintenance, and pharmacy functions. 65 of 168 • Major accomplishments: Initiated an organizational development intervention in concert with the CEO designed to improve change leader management skills. Developed the Team Building curriculum as a member of the CQI Steering Team. Led the initiative to implement a culture change from a traditional, patriarchal one to an empowered employee environment. • Initiated and facilitated teams to develop and issue a Personnel Policy and Procedures Manual, restructure the Wage and Salary program, and redesign the Performance Evaluation Program. • Developed and initiated a revision to the Wage and Salary program which has resulted in an annual savings of $200,000. Revised the Worker's Compensation program by initiating an aggressive return to work program saving the hospital over $300,000. Amended and restated the pension plan. Negotiated welfare benefit plan contracts. • Established a highly effective employee relations program through one - on-one coaching of department heads. The Hospital has had no EEOC complaints filed against it and. no union drives • Initiated an Operations Audit wherein each department was required to report on specific performance issues to a team comprised of the CEO, the Director of Fiscal Ser4ces, and the Director of Human Resources. Participated, as a member of the Executive Team, In the Hospital's strategic planning process, the master site planning program, as well as the day to day operations. Served as Staff to the Professional Affairs Committee of the Board of Directors. • Involved with the Medical Staff by investigating a Supplemental Executive Retirement Program for the hospital owned primary care practices, serving as staff to the Medical Staff Recruitment and Retention Committee, and coordinating reimbursement agreements for recruiting expenses. Absorbed Physician Recruiting into Human Resources. • Participated in pre - merger activities by completing the Human Resources section of the Due Diligence process. Led the teams to consolidate the Personnel policies, Workers' Compensation program, and the welfare benefits. BUTLER MEMORIAL HOSPITAL Butler, Pennsylvania DIRECTOR, HUMAN RESOURCES: Manage the Personnel/Employee Relationp Department, training and development, employee health,, employee assistance program, and Medical library. Directed activities in the areas of wage and salary administration, deferred compensation, pension, recruiting, employee relations, labor relations, policy and procedure development, legislative compliance, HRIS, employee health/safety, and management development. MERCY HOSPITAL OF PITTSBURGH (Teaching Hospital) Pittsburgh, Pennsylvania DIRECTOR OF HUMAN RESOURCES: Directed the activities of a staff of seven professionals and eight clerical employees. Responsible for compensation, executive compensation, benefits, pension, employment, employee relations, labor relations, legislative compliance, HRIS, and training for the hospital. Major Accomplishments: Complete revision of the wage and salary program. Installed manpower control by computerizing a position control system in conjunction with the established manpower budgets. Directed the implementation of a major staff reduction including communications to department heads, affected employees, medical staff, and the Board of Trustees. Initiated the first formal affirmative action program in the organization. Instrumental in proposing a self - insured workers' compensation program and initiating an aggressive retum- to-work program. Led the negotiating team that obtained a contract settlement with a lower base wage than in any other local hospital contract with the same union. Functioned as the primary contract administrator, resolved all grievances without arbitration. 66 of 168 WASHINGTON COUNTY HOSPITAL ASSOCIATION Hagerstown, Maryland DIRECTOR, HUMAN RESOURCES: Directed the activities and functions of the Personnel and Education Departments to include employee relations, compensation, benefits, pension, executive compensation, recruiting, employee health, and policy and procedure development Installed a point factor job evaluation system covering all of the organization's positions. Designed and installed the first executive compensation program for the hospital. Introduced and administered the first merit program. Installed processes to monitor wage/salary market competitiveness and enhance supervisory and employee awareness of the organization's wage /salary program. Enhanced employee relations by ensuring the visibility and accessibility of the Personnel Department Actively participated in the design and Implementation of a reorganization of the hospital from a traditional internal structure to a corporate structure. ALLEGHENY GENERAL HOSPITAL (Teaching Hospital) Pittsburgh, Pennsylvania MANAGER OF COMPENSATION (1974 to 198o) MANAGER OF EMPLOYMENT (1971 to 1974) PROFESSIONAL/COMMUNITY ACTIVITIES: Instructor in Human Resources Management, Introduction to Business, Principles of Management, and Labor Relations at various community colleges and at the four year college level. Participated in advisory committees for high school and allied health curriculum design. Served on the Board of the Milford Senior Center. Held leadership positions in the Pennsylvania and Delaware Human Resources Societies. EDUCATION: M.A., industrial Relations, St. Francis College B.A., Psychology, Duquesne University 67 of 168 MY OF SMASTLI ■ , • _ VO, E OF PEUCAN tSl AND t• APPLICATION TO SERVE ON CITY 60AAQ1C.0MMhTT,5E (All City Board and Committee Members Must be Residents of the City of Sebastian ` NAME: HOME ADDRESS:. HOME PHONE: '7'7Z- ?t3- 3I87 HOME FAX: E-MAIL: AI BUSINESS: IZ�`TiC� BUSINESS ADDRESS: `] tQSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ES; HOW LONG? yC.S DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE ? /Vo DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? /VO WHICH BOARDS /COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) _CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) COMMUNITY REDEVELOPMENT FACADE, SIGN & LANDSCAPE GRANT SELECTION COMMITTEE CONSTRUCTION BOARD (permanent board -meets once a month)' HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board — meets quarterly) NATURAL RESOURCES BOARD (permanent board — meets once a month) _PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)' _POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board— meets once a month) OTHER COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 68 of 168 APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) $S 'a4b?- e.471 -Y.1 eiw,,vmis -� T1,,� DA �S /�L'C�vNT /IVG YeAt eoGG E6o� ,, P,,¢ IllDq f 'v sT T� 4- -WIvIC-i"517 Y HOW WOULD YOUR EXPERIENCE BENEFIT-THE BOARD, YOU'RE APPLYING FOR? -S' YES WvRI l" 1!J A et 71�5G1�jtj*)VGE s}aIYIiIV� Tit F"064 YACeo vs eIVTiT /ES , Oc .TAE Ed e, T evo4 .5�7- 77Vr- 64s T /8 jV� S, 5kneVE0 AS v�QTa ,ergo ,4.40- l /,v LIST ANY ADDITIONAL QUALIFICATIONS TO SERVL OM BOARD OR COMMITTEE: �sT.4�s �rtt F avicl�CS A�Gr /.�T /�✓ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? N6 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL Alb TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Seb tian Code of d' ances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or com ittee is ailab equested. Iic2ant Signat e Subscribed and swom to before me this 3 rah day of QCf-O VJ erg OW IO2, by Bruce— H 0 � -(yv\a A who is personally known to me, or h, a r6duced F-L Z) r I Je— tr S L (C e- pi S e as identification. W ' 10tary Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 1wp- formlapplicat.wpd rev. 7/2007"•- JEANETTE WIWAMS t ' A Commission # EE 038067 Expires February 28, 2015 ' If, BmW Ttw Tvq Fats kuw. 8Y ,W-700 1 69 of 168 P( September 5, 2013 1 I 1 PRESS RELEASE CIVILIAN POSITIONS ON THE CITY OF SEBASTIAN POLICE OFFICER PENSION BOARD OF TRUSTEES THE POLICE OFFICER PENSION BOARD OF TRUSTEES IS SEEKING APPLICANTS TO FILL TWO EXPIRED CIVILIAN POSITIONS ON THE POLICE OFFICER PENSION BOARD OF TRUSTEES WHOSE TERMS WILL EXPIRE 10/2017. THIS BOARD MEETS QUARTERLY IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. RESIDENCY IS REQUIRED FOR THIS POSITION. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR MAY BE DOWNLOADED FROM THE CITY'S WEBSITE WWW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL SEPTEMBER 19, 2013. 70 of 168 POLICE RETIREMENT BOARD OF TRUSTEES 4 -YEAR TERMS Two Members Appointed by City Council Bob Zomok Term to expire 10/2013 Sebastian, FL 32958 Appointed 1/12/2011 Harry Tanner Term to expire 10/2013 Sebastian, FL 32958 Appointed 9/23/2009 Two Members Appointed �y Police Officers Officer Steven Marcinik Term to Expire 10/13 Deputy Chief Greg Witt Term to Expire 10/13 One Member Appointed by Board and Confirmed by C.�t Council Deb Krueger Term Expires 10/13 71 of 168 AGENDA TRANSMITTAL Subject: Agenda No. /O a3. 13 9 Farmer's Market Agreement Department Origin: City Manager Administrative Sry . Ap rov or Submittal by: City Attorney: City Clerk: A Mi er, City Manager Date Submitted: 3 OCT 13 For Agenda Of: 9 OCT 13 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 $0 SUMMARY Per Council direction, attached is a draft Farmer's Market Agreement with HALO. 72 of 168 AGREEMENT BETWEEN CITY AND HELPING ANIMALS LIVE AND OVERCOME, INC THIS AGREEMENT entered into this _ day of October 2013 between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter "CITY "), and HELPING ANIMALS LIVE AND OVERCOME, INC. (hereinafter "HALO "), provides that: WHEREAS, HALO wishes to establish the operation of a Farmer's Market in Riverview Park in order to provide a market place for vendors to sell local agriculturally grown produce and other merchandise; and, WHEREAS, the City believes that such market is a benefit to the community; and WHEREAS, the City is authorized to issue park use permits and regulate the operations of such an event to protect and preserve the use of public assets. IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY and HALO agree to be legally bound as follows: I. USE OF PREMISES HALO shall have the use of the east side of Riverview,Fark, as depicted on Exhibit "A ". D &B shall be permitted to operate the Farmer's Market between the ,:hours of 8:00 AM until Noon on approved Sundays. Each month, D &B shall provide the CITY with 'proposed dates to operate the Market. CITY shall have the sole discretion to approve operational dates. IL EVENT ORGANIZER HALO is authorized to employ D &B Media 'of 3810 61h Lane, Vero Beach, FL 32958 as the event organizer. Should any modification to event planning :and operations occur,.,HALO will immediately notify the CITY. III. SETUP AND CLEANUP..OF FARMER'S MARKET D &B shall be responsible forth following: A. Setup: Assume responsibility for and undertake any and all preparations and efforts required to prepare Riverview Park so it that may be used as: a Market. D &B shall furnish all equipment necessary to conduct event. B. Cleanup Keep the. premises in a clean and orderly state after each and every Farmer's Market Event. C. Signs: ; D &B shall be permitted the right to post advertising signs on the City premises during the day of the event, with the approval of the City. All advertising cost shall be paid for by D &B. IV. POSSESSION AND ACCESS The rights granted to D &B herein relate to use of the Park only during Farmer's Market operations. At all times CITY retains all` rights of control and access to facilities. V. ASSIGNMENT D &B may not assign, or otherwise transfer any right or interest in this Agreement. VI. INSURANCE D &B shall during the period of use of the Park, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance, naming the CITY as an additional insured. Upon request, D &B shall provide the CITY a certificate of such insurance with evidence of payment of the premium. VII. UTILITIES D &B shall have access to water and electric use in the park, in locations where these service already exist. D &B shall be responsible to pay a reasonable pro -rata share of utility expenses. 73 of 168 VIII. PARK USE FEE In consideration for use of the facilities, D &B shall pay two hundred dollars ($200) annually to the CITY. IX. OTHER PERMITS D &B is required to apply, receive and pay for any other necessary permits from agencies that may regulate such events. X. INDEMNITY D &B shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of D &B, or by reason of damage to or destruction of any property, including; property owned by D &B or any person who is an employee or agent of D &B, in any way caused by, 'connected with or occurring during D &B's use of the Premises or other appurtenant or related CITY properties arising under this Agreement. XI. TERM This agreement shall commence on the date set forth above and shall end when' either party provides written notice of termination. XII. NOTICES - Any notice, report, statement, approval, consent designation; or;request to be given by a party under the provisions of this Agreement shall be effective only when made:in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street , Sebastian, FL 32958 Attn: City.Manager D &B: D &B Media, LLC 3810 6'h Lane Vero Beach, FL 32968 EXECUTED on this day of October 2013, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN A Municipal Corporation By: By: Sally A. Maio, MMC AI Minner, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney HELPING ANIMALS LIVE AND OVERCOME, INC ATTEST: By: By:_ Jacque Petrone Its (Seal) 74 of 168 s • 4 Subject: (E- Cigarettes) Proposed Ordinance 0 -13 -12 Agenda No. JoIA -13.1 `K Establishing Section 50-6 of the Code under Chapter 50 "Health and Sanitation" Department Origin: City Manager A rov r Submittal by: City Manager City Attorney: City Clerk: Date Submitted: 10/03/13 A i e Agenda of: 10/09/13 Exhibits: - Proposed Ordinance 0 -13 -12 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY The proposed Ordinance 0 -13 -12 was prepared at the request of Mayor McPartlan at the last City Council Meeting. This Ordinance establishes Section 50 -6 of the Code, under Chapter 50 entitled "Health and Sanitation" pertaining to the sale and use of e- cigarettes and liquid nicotine. RECOMMENDED ACTION At Council's discretion, consider passage on first reading of Ordinance 0 -13 -12 and set a public hearing for November 13, 2013. 75 of 168 ORDINANCE NO. 0 -13 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING SECTION 50-6 OF THE CODE UNDER CHAPTER 50 "HEALTH AND SANITATION' PERTAINING TO THE SALE AND USE OF E- CIGARETTES AND LIQUID NICOTINE AND PROVIDING THEREIN FOR DEFINITIONS, FOR A PHOHIBITION ON THE SALE WITHIN THE CITY OF E- CIGARETTES AND LIQUID NICOTINE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, FOR A PROHIBITION ON THE USE WITHIN THE CITY OF E- CIGARETTES AND LIQUID NICOTINE, PROVIDING FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Legislative findings: (a) The dangers posed by tobacco are not limited to cigarettes, pipes or other traditional forms of smoking. (b) New, unregulated high -tech smoking devices, commonly referred to as electronic cigarettes or e- cigarettes, have recently been made available to consumers. These devices closely resemble and purposefully mimic the art of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. The vapors are expelled via a cartridge that usually contains a concentration of pure nicotine. The cartridge and ignition system are housed in a device created to look exactly like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated vapors producing a "cloud" of undetermined substances that is virtually indistinguishable from traditional cigarettes, cigars and pipes. ( c) Nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption. 76 of 168 (d) The manufacturers and marketers of e- cigarettes purposefully and intentionally advertise their produces as safe nicotine delivery devices and smoking cessation modalities. (e) These safety and smoking cessation assertions made by e- cigarettes companies have been disproven by laboratory tests conducted by the U.S. Food and Drug Administration (FDA). Indeed, this testing has shown that e- cigarettes do contain carcinogens, including nitrosamines. Further, the FDA tests showed that e- cigarettes were found to contain toxic chemicals such as diethylene glycol. This compound is a common ingredient in antifreeze and, in 2007, was also surreptitiously substituted for glycerin by several Chinese manufacturing companies in the making of toothpaste which resulted in the deaths of hundreds of people worldwide. While some e- cigarette manufacturers dispute the FDA's findings as limited in scope and sample, these manufacturers have not submitted for independent peer review any of their findings that purportedly support their safety and smoking cessation claims. (f) Along with the FDA's publicly expressed concerns over the safety of these devices, the FDA is continuing its official investigation into the e- smoking devices and has refused to allow e- cigarettes, e- cigars and pipes to cross the border of the United States because they are considered new drugs and drug delivery devices that require FDA approval. (g) Concurrent with this lack of suitable information, e- cigarette manufacturers offer their nicotine cartridges in a variety of flavors, including cherry, chocolate, and vanilla. The FDA and public health advocates warn these flavorings are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes. (h) Studies show that adolescents can become addicted to nicotine after ingesting the equivalent of 20 traditional cigarettes, the amount traditionally available in a single pack. The appeal created by the flavored e- cigarette can lead young people into a lifetime of nicotine addiction. PA 77 of 168 (i) The nicotine content in e- cigarettes is unknown and unspecified and presents a significant risk of rapid addiction or overdose. 0) Other governments and public health organizations have joined the FDA in speaking out about the potential dangers posed by e- cigarettes. These entities are also calling on e- cigarette manufacturers to discontinue their safety claims until these products have been independently tested. These groups include the World Health Organization and the Canadian government's FDA equivalent, the Health Products and Food Branch Inspectorate. (k) Protecting City residents against any untested nicotine product like e- cigarettes represents sound public health and fiscal policy. Therefore, the purpose of this ordinance is to ban the sale of e- cigarettes and like products in the City of Sebastian to persons under the age of 18, to prohibit the use of e- cigarettes and like products in public places where traditional forms of smoking are already disallowed, and to prohibit self - service merchandising in the retail sale of e- cigarettes and like products in order to minimize the physical accessibility of e- cigarettes and like products to minors. Section 2. Section 50 -6 of the code of the City of Sebastian, entitled "E- Cigarette Sales and Use" Sec. 50 -6 Definitions (a) For the purpose of this article, the following words and terms shall have the meanings given herein: City means the City of Sebastian, Florida E- cigarette means any electronic device composed of a mouthpiece, heating element battery and electronic circuits that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user that he or she inhales in simulation of smoking. This term shall include such devices whether they are manufactured as e- cigarettes, e- cigars, e- pipes or under any other product name. 3 78 of 168 Liquid nicotine means any liquid product composed either in whole or part of pure nicotine and propylene glycol and manufactured for use with e- cigarettes. Open display unit, in the context of the retail sale of e- cigarettes and liquid nicotine, means any device, furniture or furnishing within or upon which e- cigarettes or liquid nicotine are displayed to customers, and includes but is not limited to any case, rack, shelf, counter, table, desk, kiosk, booth, stand and other surface. Person means any natural person or artificial entity capable of suing and being sued in the State of Florida. Self - service merchandising, in the context of the retail sale of e- cigarettes and liquid nicotine, means the open display of e- cigarettes and liquid nicotine, whether packaged or otherwise, for direct retail customer access and handling prior to purchase without the intervention or assistance of the retailer or the retailer's owner, employee or agent. Such open display includes the use of an open display unit. Smoking means smoking as defined in Section 386.203, Florida Statutes, as the same may be amended from time to time and any successor thereto. Use of an e- cigarette means the heating or ignition of an e- cigarette which creates a vapor of liquid nicotine and /or other substances mixed with propylene glycol to the user that he or she can inhale in simulation of smoking. l(b) Sale of e- cigarettes to minors prohibited. It is prohibited for any person to sell or offer for sale e- cigarettes or liquid nicotine within the city to a person under eighteen years of age. ( c) Use of an e- cigarette where smoking prohibited. The use of an e- cigarette is prohibited at all locations within the City _at which smoking is prohibited under Chapter 386, Florida Statutes. Self- service merchandising prohibited. 79 of 168 1. No person engaged in the retail sale of e- cigarettes or liquid nicotine shall sell, permit to be sold, offer for sale, or display for sale e- cigarettes or liquid nicotine by means of self - service merchandising. 2. No person engaged in the retail sale of e- cigarettes or liquid nicotine shall place e- cigarettes or liquid nicotine in an open display unity unless the same is located in an area that is inaccessible to customers. Section 3. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section S. Repeal of Laws in Conflict All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance may be made a part of the City Code of Laws and ordinances and may be re- numbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 7. Effective Date. This ordinance shall take effect immediately upon adoption. 5 80 of 168 The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Councilmember Jim Hill Councilmember Andrea B. Coy Councilmember Jerome Adams The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2013. CITY OF SEBASTIAN, FLORIDA la Mayor Bob McPartlan ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 0 81 of 168 201;2 Florida Youth �Tbbacco Survey.. Factheet� 1c2 Et 0R1DA DHPARTMSNfiOE . Youth Electronic j F tciaF lei re e Cigarette Use Introduction The Florida Youth Tobacco Survey (FYTS) was administered in the spring of 2012 to 38,989 middle school students and 36,439 high school students in 746 public schools throughout the state. The overall survey response rate for middle schools was 77% and the overall response rate for high schools was 73 %. The FYTS has been conducted annually since 1998. The data presented in this fact sheet are weighted to represent the entire population of public middle and high school students in Florida. About Electronic Cigarettes An electronic cigarette (e- cigarette) is a battery- operated device that looks, feels, and tastes like a tobacco cigarette. They deliver nicotine, flavor, and other chemicals to the user in the form of a vapor. Ever Tried Electronic Cigarettes In 2012, 3.9% of middle school and 8.4% of high school students had tried an electronic cigarette at least once (Figure 1). Since 2011, the prevalence of this behavior has increased by 30.0% among middle school students and by 40.0% among high school students. Current Electronic Cigarette Use In 2012, 1.8% of middle school students and 3.5% of high school students used an electronic cigarette at least once during the past 30 days (Figure 2). Since 2011, the prevalence of this behavior has increased by 20.0% among middle school students and by 12.9% among high school students. Image: http://www.e-cigarettereviewed.com/wp-con- tent/uploads/ 2012 /06 /510 +Cartom izer +E +Cigarette.jpg z 204.2 .FYTS FaOt Shee 12 X uth. Ele fron`ic Cigarette Use Fagg Current Electronic Cigarette Use (Past 30 Days) Middle School Overall, 1.8% of middle school students used an electronic cigarette at least once during the past 30 days (Figure 3). In 2012, the prevalence of current electronic cigarette use was higher among male students than female students. The prevalence of this behavior was significantly higher among non - Hispanic white and Hispanic students than among non - Hispanic black students. The prevalence of this behavior increased with each increasing grade, from sixth to eighth. Hiah School Overall, 3.5% of high school students used an electronic cigarette at least once during the past 30 days (Figure 4). In 2012, the prevalence of current electronic cigarette use was higher among male students than female students. The prevalence of this behavior was significantly higher among non - Hispanic white and Hispanic students than among non - Hispanic black students. The prevalence of this behavior increased from ninth to twelfth grade. For mare - formation about the FYTS, please contact the Chronic Disease Epidi o" pmeg, S' r,•veilianse , and Evalua #ion Sectiari; at (850) 245 -4401, .or by, a =mail' at C�rotcDiseaisee� doh state fl }use You,tcaii A lso 4101t:.' our wef3s to atAtto1hu w FlaridaC�ironicQisease org : X014 F.Iolrida Youth Tobacco SurYey: Fact Sheet 4 Totaacto Free 01 Youth Specialty Tobacco Uselar><do HEALTH r_ Introduction The Florida Youth Tobacco Survey (FYTS) was administered in the spring of 2013 to 6,440 middle school stu- dents and 6,175 high school students in 172 public schools throughout the state. The overall survey response rate for middle schools was 83 %, and the overall survey response rate for high schools was 75 %. The FYTS has been conducted annually since 1998. The data presented in this fact sheet are weighted to represent the entire population of public middle and high school students in Florida. Hookah. S ea cialty Tobacco. Snus. and Electronic Cigarettes A hookah is a single- stemmed or multi- stemmed water pipe used for smoking tobacco (Figure 1). In 2013, 4.0% of middle school students and 16.7% of high school students had ever tried smoking hookah and 2.0% of middle school students and 8.2% of high school students had smoked hookah on one or more occasions dur- ing the past 30 days (current hookah use). "Specialty tobacco" includes bidis (small brown cigarettes from India consisting of tobacco wrapped in a leaf and tied with a thread), kreteks (cigarettes that contain tobacco and clove extract), and pipe tobacco (plain or flavored). In 2013, 2.5% of middle school students and 5.9% of high school students had ever tried a form of specialty tobacco and 1.4% of middle school students and 2.9% of high school students had smoked a spe- cialty tobacco product on one or more occasions during the past 30 days (current specialty tobacco use). Snus is a small pouch containing a smoke -free and spit -free form of tobacco. In 2013, 1.4% of middle school students and 4.1 % of high school students had ever tried snus and 0.8% of middle school students and 2.5% of high school students had used snus on one or more occasions during the past 30 days (current snus use). An electronic cigarette (e- cigarette) is a battery- operated device that looks, feels, and tastes like a tobacco cigarette. In 2013, 4.3% of middle school students and 12.1 % of high school students had ever tried a -ciga- rettes and 1.8% of middle school students and 5.4% of high school students had used e- cigarettes on one or more occasions during the past 30 days (current e- cigarette use). Figure 1. Specialty Tobacco Use 20 16.7 15 ` 12.1 w 10 .2 IL L 5.9 .4 5 4.0 4.3 4.1 0 2.6 1.4 1.4 0.8 8 •9 .5 0 . -, Hookah Specialty I Snus E- Cigarette Hookah I Specialty I Snus E- Cigarette Middle School High School a Ever Used a Current Use X013 FY TS Fact Sheet *. Youth S' p iaI -7obac o _lase P e Hookah Harm In 2013, 21.1% of middle school students (Figure 2) and 42.1 % of high school students (Figure 3) said that, compared to cigarette smok- ing, water pipe /hookah smoking is less harmful. High school students were more likely than middle school students to perceive hookah as less harmful than cigarettes. Flavored Tobacco Use Figure 2. Perceived Harm of Hookah Compared to Cigarettes Among Middle School Students a Less Harmful oEqually or More Harmful Figure 3. Perceived Harm of Hookah Compared to Cigarettes Among High School Students oLess Harmful 13 Equally or More Harmful Flavored tobacco is tobacco that has been made to taste like other flavors, such as chocolate, candy, or fruit flavors (Figure 4). In 2013, 3.9% of middle school students and 9.9% of high school students had tried flavored cigarettes, and 1.8% of middle school students and 4.3% of high school students had smoked flavored cigarettes at least once during the past 30 days (current flavored cigarette use). In 2013, 4.3% of middle school students and 14.8% of high school students had tried a flavored cigar and 2.1% of middle school students and 6.4% of high school students had smoked a flavored cigar at least once during the past 30 days (current flavored cigar use). In 2013, 2.1 % of middle school students and 7.0% of high school students had tried flavored smokeless to- bacco and 1.1 % of middle school students and 3.9% of high school students had used it in the past 30 days (current flavored smokeless tobacco use). Figure 4. Flavored Tobacco Use 25 20 14.8 •• 15 c 9.9 n. 10 6.4 7.0 5 3.9 4.3 .9 2.1 2.1 U Cigarettes Cigars Smokeless Cigarettes Cigars Smokeless Middle School High School o Ever Use o Current Use SPECIAL POINTS OF INTEREST: • The Food and Drug Administration (FDA) has NOT approved e- cigarettes as smoking cessation devices. • That cloud you see Is not harmless "watervapor"l Test results e- cigarettes found them to con- tain nitrosamines (a known carcinogen), dlethylene glycol (found in ant }freeze) as well as other toxic chemicals. • Thee- cigarette cartridges of liquid solution have been found to contain up to 18mg or more of nicotine; a lethal dose of nicotine when ingested Is Just 10 mg for children, making the refill cartridges a potential cause of poisoning. •A Federal Court has granted the FDA the right to regulate e- cigarettes under the Family Smoking Pre- vention and Tobacco Control Act of 2009. 1ob•acco Prou�a ion 1. Olin of F11601 1 If! l� 4!�+ U U' _ r f "E- cigarettes' =or electronic cigarettes — are devices that allow users to mimic the ritual of smoking a cigarette while inhal- ing nicotine. Many glow at the end when activated as real cigarettes do.' Instead of smoke from burning tobacco, users inhale vapor containing nicotine (with the excep- tion of versions which claim to be free of nicotine), flavor additives, and other chemicals.' When users inhale from the end of an e- cigarette, a battery- operated vaporizer heats a liquid solution into a va- por.3 The FDA has not approved e- cigarettes as smoking cessation devices. E- cigarettes do not include any health warnings, unlike E- cigarette Components conventional cigarettes and U.S. Food and Drug Administration (FDA)- approved nico- tine replacement therapy (NRT) products." Several e- cigarette marketers have adver- tised their products as smoking cessation tools,5despite the fact that no evidence exists that they are effective cessation aids." E- cigarettes are sold over the internet, in specialized mall kiosks, and by some to- bacco retailers. According to news re- ports, an e- cigarette costs approximately $60, including the e- cigarette, a charger, and a liquid cartridge.' Refills of the liquid cost $7 -$10 for a 10- millimeter bottle." Microprocessor LED Indicates when controls atomizer vaporizer is in use and LED Sensor detects use and activates microprocemr Aton►izer heats liquid holds fiquid Mouthpiece coGecls and delivers vapor 86 of 168 PAGE 2 now safe e ire e- cigarettes? VY The risks posed by e- cigarettes are simply unknown. The FDA, in 2009, released a study on e- cigarettes.9 The FDA's Division of Pharmaceutical Analysis investigated the components of a small sample of car- tridges from two e- cigarette brands."o Test results of the sample of cartridges found them to contain nitrosamines (a known carcinogen), as well as other toxic chemicals including diethylene glycol, which is found in anti - freeze."' Impurities found in tobacco which are suspected of causing adverse health effects were also detected, including anabasine, myosmine, and f�- nicotyrine ` Nicotine levels in e- cigarette cartridges are also of significant concern to health experts. The e- cigarette cartridges of liq- uid solution have been found to contain up to 18mg or more of nicotine.' Addi- tionally, bottles of solution sold to refill the cartridges vary considerably in nicotine content. Some refill bottles contained con- centrations of nicotine as high as 500 to over 1000 mg of nicotine per 1 ounce bottle of solution.14 A lethal dose of nico- tine when ingested is 30 -60 mg for adults and just 10 mg for children. Nicotine over- doses are a serious concern due to the high concentration of nicotine in the e- cigarette solutions and the lack of protec- tive packaging on the bottles and cartridg- es to prevent accidental ingestion.'s The FDA recommends that people seeking to quit smoking should use FDA - approved smoking cessation aids including nicotine gum and nicotine patches.' There is in- sufficient evidence to support e- cigarette use as a cessation device." The FDA, the Centers for Disease Control and Prevention, and the American Acade- my of Pediatrics have all voiced their con- cern that electronic cigarettes could lead to an increase in nicotine addiction and youth tobacco use.'B Of particular concem is that e- cigarette cartridges are sold by some vendors in fruit and candy flavors that appeal to youth and that laws prohib- iting the sale of cigarettes to minors may not be written broadly enough to cover e- ciga rettes.79 What is the legal status of e-cagarettes? The FDA will regulate e- cigarettes under its authority to regulate other tobacco products. The FDA has in the past de- tained or blocked incoming shipments of e- cigarettes from overseas manufactur- ers on the basis that e- cigarettes are un- approved drug delivery devices that must pass through the FDA's New Drug Application (NDA) process before they can legally be sold.20 Two e- cigarette im- porters and distributers, Smoking Every- where, Inc. and Sottera, Inc., brought a lawsuit against the FDA and sought a preliminary injunction to prevent the E- CIGARETTE F A C T S H E E T FDA from regulating e- cigarettes as a drug delivery device and from stopping the im- portation of e- cigarettes into the U.S. while the case is ongoing.Z"The e- cigarette distributors argued that because their products use nicotine derived from tobac- co, e- cigarettes should be regulated as "tobacco products," subject to much more limited restrictions that do not require pre - approval by the FDA. The United States District Court for the District of Columbia granted the preliminary injunction. This ruling was affirmed by the United States Court of Appeals for the District of Colum- 87 of 168 Legal Status of E- Cigarettes, cont. bia Circuit in December 2010.22 In April of 2011, the FDA decided it will not seek fur- ther review of this decision, but rather will regulate e- cigarettes as tobacco products under the Family Smoking Prevention and Tobacco Control Act in accordance with the court's opinion.23 In September 2009, the FDA announced that it will continue to bring enforcement actions against e- cigarette companies that make unsubstantiated health claims about their products.24 E- cigarette sales are also subject to state law. Various state attorneys general have brought lawsuits alleging that e- cigarette distributors have violated state law by sell- ing to minors or making unsubstantiated health claims. For example: • Oregon's attorney general has brought lawsuits against both Soterra, Inc. and Smoking Everywhere, Inc.25 Both compa- nies agreed to settlements barring them from selling e- cigarettes in the state, at least until local and national standards on e- cigarettes are established. Smoking Everywhere and its CEO also agreed to pay the state $120,000 after admitting violations of state law. • In 2010, former California Attorney General Jerry Brown's office reached a settlement with Sottera, Inc. for $85,000 in damages and an agreement to end sales and marketing to minors, discontin- ue sales of flavored cartridges, and stop marketing e- cigarettes as cessation de- vices unless approved by the FDA .26 So_ terra, Inc. also agreed to stop making claims that e- cigarettes are safer than cigarettes until reliable scientific evi- dence to support such a claim is availa- ble. PAGE 3 What Can State and Local Governments Do? Regulate Marketing As suggested above, state attorneys general can take action to ensure that e- cigarette marketing is not targeting youth or making unsubstantiated marketing claims. Smoke -Free Laws cal laws prohibiting smoking aces may include definitions that do not include e- voking (also referred to as L may be prudent to expand ons of smoke -free laws to rette use. As with the health effects of e- cigarettes on the users, the secondhand health effects on bystanders have not been established. In addition, prohibiting e- cigarette use in public places would help to avoid the confusion that might ensue if e- cigarette use leads other smokers to believe that cigarette smoking is permitted. This in turn would strengthen the message of such laws that smoking and tobacco use in public places is not so- cially acceptable. Strengthen Youth Access Laws Similarly, the definitions in youth access laws may not be written specifically enough to prohibit e- cigarette sales to mi- nors. E- cigarette sales to minors could lead to lifelong nicotine dependence and should be prohibited. E - C I G A R E T T E F A C T S H E E T 88 of 168 References 1 See Memorandum from BJ. Westenberger, Deputy Director, Ctr. For Drug Evaluation and Research, Div. of Pharm. Analysis, to Michael Levy, Supervisory Regulatory Coun- sel, Ctr. For Drug Evaluation and Research (May 4, 2009), availableat http: // www.fda.gov /downloads /Drugs /Science Research /UCM173250.pdf [hereinafter West- enberger Memo]. 2 U.S. Food and Drug Admin., FDA Warns of Health Risks Posed by ECigarettes (2009), available at http: / /www.fda.gov/ downloads /ForConsumers /CornsumerUpdates/ UCM173430.pdf [hereinafter FDA Consumer Update]. 3 Westenberger Memo, supra note 1, at 1. 4 FDA Consumer Update, supra note 2, at 2. U.S. Food and Drug Admin., FDA Acts Against 5 Electronic Cigarette Distributors (Sept. 9, 2010), available at http: / /www.fda.gov /NewsEvents/ Newsroom / PressAnnouncements /ucm225224.htm. 6 World Health Organization, Marketers of Electronic Cigarettes Should Halt Unproven Therapy Claims (Sept. 19, 2008) available at http: / /www. who. int /mediacentre /news /releases /2008 /pr34 /en /. Misha Davenport, Electronic Cigarettes in Legal Limbo, CHICAGO SUN- TIMES, Feb. 1, 2011, http:// www.suntimes.com /lifestyles/ 3490015.423 /cigarette - cigarettes -smoki ng- traditional- tobacco.htm I. e Id. 9 Westenberger Memo, supra note 1. 20 FDA Consumer Update, supra note 2, at 2. 11 U.S. Food and Drug Admin., Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted by FDA, Public Health Focus, FDA.GOV (July 22, 2009), http: / /www. fda. gov /NewEvents /PublidiealthFocus/ ucm173146.htm. 12 Id. 13 Westenberger Memo, supra note 1, at 3 -4. 14 Indiana Tobacco Prevention and Cessation, Electronic Cigarettes Fact Sheet (2009), available at http: // www.in.gov/ itpc /files /ECigarettes.pdf. 2s American Cancer Society Cancer Action Network, E- Cigarettes Fact Sheet (2010), available at http: // www.acscan.org/ conte nt/wp-content/u p load s/2010/10/e-ciga rette.pdf. 26 U.S. Food and Drug Admin., E- Cigarettes: Questions and Answers, Consumer Updates, FDA.GOV (Sept. 9, 2010), http: / /www.fda.gov/ ForConsumers /Consumerupdates /ucm225210.htm. 12 Compare Thomas Eisenberg, Electronic Nicotine Delivery Devices: ineffective Nicotine Delivery and Craving Suppression After Acute Administration,19TOBACCO CONTROL 87 (2010) with C. Bullen et al., Effect of an Electronic Nicotine Delivery Device (E Cigarette) on Desire to Smoke and Withdrawal, User Preferences and Nicotine Delivery. Randomised Cross -Over Trial, 19 TOBACCO CONTROL 98 (2010). Cf. C.O. Cobb et al., Evaluating the Acute Effects of Oral, Non - Combustible Potential Reduced Exposure Products Marketed to Smokers, 19 TOBACCO CONTROL 367 (2010). la U.S. Food and Drug Admin., FDA and Public Health Experts Warn About Electronic Cigarettes (July 22, 2009), available at http: / /www. fda. gov / NewsEvents /Newsroom /PressAnnouncements / ucm173222.htm. 19 FDA Consumer Update, supra note 2, at 2. 20 Smoking Everywhere, Inc. v. U.S. Food and Drug Admin., 680 F.Supp2d 62, 63 (D.D.C. 2010), aff'd, Sottera, Inc. v. U.S. Food and Drug Admin., 627 F.3d 891 (D.C. Cir. 2010). 21 Id. 22 Sottera, Inc. v. U.S. Food and Drug Admin., 627 F.3d 891 (D.C. Cir. 2010). 23 Letter from Lawrence R. Deyton, Director, Center for Tobacco Products, U.S. Food and Drug Admin., to Stakeholders (April 25, 2011), availableat http: / /www. fda. gov /NewsEvents /PublicHealthFocus/ ucm252360.htm (last visited May 18, 2011). 24 U.S. Food and Drug Admin., Electronic Cigarettes, Public Health Focus, FDA.GOV (Sept. 13, 2010), http / /www.fda.gov /NewsEvents /PublicHealth focus /ucm172906.htm. 2s Oregon Dep't of Justice, Oregon Attorney General John Kroger Stops Sale of Unapproved Electronic Cigarettes (Aug. 18, 2009), available at http: / /www.doj. state. or. us /releases /2009 /reIG81809.shtmi. 26 California Dep't of Justice, Brown Announces Electronic Cigarette Marker's Agreement to Stop Decep- tive Marketing and Sales to Minors (Aug. 3, 2010), available at http : / /oag.ca.gov /news /press_release? id= 1965. 22 A. 01468, 2011 -2012 Sess. (N.Y. 2011), available at http: / /assembly.state.ny.usAeg/? bn= A01468 &term =2011; S. 00695, 2011 -2012 Sess. (N.Y. 2011), available at http: // assembly.state.ny.us/leg/?bn=SO0695&term=2011. 21 SUFFOLK CNTY., N.Y., LOCAL LAW NO. 29 -209 (2009) ( "A Local Law Banning the Sale of E Cigarettes to Persons Under the Age of 19 "), available at http: / /Iegis.suffolkcountVny .gov /Resos2009 /il347- 09.pdf. E - C I G A R E T T E F A C T S H E E T For more information on the Food and Drug Administration of e- cigarettes under the Family Smoking Prevention and Tobacco Control Act, visit: http: / /wwwlda.gov/ ForConsumers/ ConsumerUpdates( ucm225210.htm OCG0 P��A:�F R ��o IK 01 2603 NW 13th Street #250 Gainesville, FL 32607 Phone/ Fax: 877-762-6222 E -mail: info @tpnf.net WWW.TPNF.NET 89 of 168 AGENDA TRANSMITTAL Subject: Resolution R -13 -29 PBA Collective Bargaining Agreement Ratification for Submittal by: Z SUMMARY Agenda No. /a8 - /3 , /q/ Department Origin: Ci ty anager Administrative Sr City Attorney: City Clerk: Date Submitted: 2 OCT 13 For Agenda Of: 9 OCT 13 After the PBA rejected the Tentative Agreement (T.A.), management and PBA representatives met again. The focus of discussion was on Articles 15 (Salary) and 48 (Retirement). During negotiations, another T.A. was reached, which (1) provided an opener to discuss salary benefits in the second year of CBA in lieu of the proposed 3% COLA; and, (2) added a clarification sentence in the retirement article in section 48.5. On Monday, September 30 and Wednesday, October 2 the ratification vote was re- conducted. The PBA passed the CBA by a vote of 20 - Yes and 7 - No. The agreement changes are summarized as follows: ➢ Three Year Contract ➢ End Furlough Days (4.6% Increase for FY 14) ➢ COLA Negotiations for FY 14 and FY 15 ➢ Reduced Mandatory Sergeant Promotional Raises ➢ Capped Sergeant Earnings ➢ No Merit Increases ➢ Modification for Holiday Pay ➢ Minor Changes for Sergeant Promotional Exam ➢ Matched State Law for PTO application in Retirement Benefit Formula RECOMMENDATION ➢ Staff recommends adoption of R -13 -29 (PBA CBA). 90 of 168 RESOLUTION NO. R -13 -29 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Coastal Florida Police Benevolent Association (CFPBA) is certified with the Florida Public Employees Relations Commission as the Bargaining Unit for certain employees of the City of Sebastian; and WHEREAS, the City of Sebastian and the CFPBA Bargaining Unit have negotiated a new agreement supplanting and superseding the prior agreement and covering the period from October 1, 2013 through September 30, 2016; and WHEREAS, the PBA Bargaining Unit has voted in favor of ratifying said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. AUTHORIZATION. The City Council hereby authorizes the City Manager to execute the attached Collective Bargaining Agreement between the City of Sebastian and the Coastal Florida Police Benevolent Association, as the employment agreement for the bargaining unit employees for the period from October 1, 2013 through September 30, 2016. SECTION 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R- 11 -27. SECTION 12. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill 91 of 168 The Mayor thereupon declared this Resolution duly passed and adopted this day of 2013. CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 2 92 of 168 COLLECTIVE BARGAINING AGREEMENT Between THE CITY OF SEBASTIAN, FLORIDA .s COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. Contract Term From: October 1, 2014-3 ) to September 30, 201 -3b 93 of 168 TABLE OF CONTENTS AGREEMENT ............. Page No. PREAMBLE...................................................................................... ..............................4 CHAPTER I — RECOGNITION Article 1 Recognition... .........................:............. ......................:........ 0000.. 5 0000... Article 2 Organizational Survey ....................... .............. 6 Article 3 No Strike or Lockout ................. 7 Article 4 Non - Discrimination ................................................. ............................... Article 5 Dues Deductions ..................... .................................. ............................... 8 .................................... ............................... 9 Article 6 Equal Employment Opportunity /Affirmative Action .. ............................... 10 Article 7 Labor Management Communications .......................... ............................... 11 Article 8 P.B.A. Representation .................................................. ..................... 12 Article 9 Bulletin Board., ........ ... ......... .......... ................... .. 13 ................... ............................... Article 10 Personnel Records....... ..... 0 ................................ 0000.. 14 .. ............................... 15 Article 11 Rights of Law Enforcement Officers While Under Investigation .0000......... Article 12 Legal Benefit., ...... 0 ...... 0 ............... .... ...................... 19 ........................ CHAPTER II — MANAGEMENT RIGHTS Article 13 Management Rights ...... 00.....0....0 .................. ............20 ... ............................... Article 14 Discipline and Discharge .......... ............................... 21 ................... CHAPTER III — RATES OF PAY Article 15 Rates of pay ................. ......... .......... ............................................... .... .............................22 .... Article 16 Temporary Assignment 00 ................00... ... .............................24 Article 17 Assignment Pay ................... .......... . ...... ....25 ................. ....................... ........ .. Article 18 Injury Pay and Light Duty Assignments ........................ .............................26 Article19 Call -Back Pay .... ...0 ........................... .................... .............................27 Article 20 On -Call Pay ........ 0 ....... 0 ............. ... ............................... ..................00.........00 28 Article 21 Court Appearances .............00.........0....0 Article 22 Bereavement Leave ....................... ............................... .......30 ................... Article 23 Military Leave ................ Article 24 Jury Duty.. ................. Article 25 Voting Time/Political Activity .................... ............... ...... ,., ......,,.......,,,.....33 Article 26 Longevity Pay ....0...........0........... .........34 CHAPTER IV — HOURS OF WORK/OVERTIME Article 27 Basic Workweek and Overtime ..................................... .............................35 Article 28 Holidays ................. ....0..........0............... 94 of 168 CHAPTER V — SENIORITY Article29 Seniority ................................................................ ............................... Article 30 Layoff and Recall ........................................................... .............................38 Article 31 Promotional Examinations ........................................... .............................39 Article 32 Probationary Personnel .................................................. .............................41 CHAPTER VI — LEAVES Article 33 Vacation Leave ............................................................ .............................42 Article34 Sick Leave ...................................................................... .............................44 Article 35 Personal Leave ............................................................... .............................46 Article 36 Leave of Absence ........................................................... .............................47 CHAPTER VII — GRIEVANCE PROCEDURE Article 37 Grievance Procedure ...................................................... .............................48 Article38 Arbitration .................................................... ............................... 51 ............... Article 39 Performance Rating Review ........................................ ............................... 53 CHAPTER VIII — HEALTH CARE Article 40 Group Health Insurance ...... CHAPTER IX — GENERAL ..................................... .............................54 Article 41 Clothing Maintenance, Equipment and Vehicles ........... .............................55 Article 42 Tuition Payment Plan ............................ ............................... .56 Article 43 Health and Safety ............................ ............................... ............................. Article44 Training .................................................. ............................... ...59 ................... Article 45 Off -Duty Employment .................................................. .............................60 Article 46 Substance Abuse Testing ............................................... .............................61 Article 47 Savings Clause ................... ............................... Article 48 Duration of Agreement, Dates . ............................... SIGNATUREPAGE ................................... ............................... .... .............................64 2 95 of 168 AG++d, E it ( ' I s Section I. 116 Collective Bsaagbining Agreement ( "AVM is end into by and beW. the City of S Florida, {"City" or the "EmPICYCe , and tlae Coastal Florida Policy Benevolent Association, lanc., ("P.B.A. "). It is the jvMt and PUYPM of this Agreenmot to assure sound and mutually beneficial working and economic relat onships between the parties head%; to provide an ard�ly, 13r Pt, and Pal means of resolving disputes involving motion OT aPPlieaiion of this Amt; MId to set forth herein basic and full agreement between the Pies coaaMning was, ham, and terms and condibe as of employnwnt . Section 2. Upon the effective date of this Agreement it shall supersede and supplant that certain Agreement between the City and P.B.A. dated October I. 2M 2010 and any supplemental agreements, thereto or themeunder. Section I 'Throughout this Ag WMant, Masculine Wader pronouns shall be read to include femiatine gender where appropriate. i 96 of 168 LRE� ` /1-J _4 Whereas, the inteM and pzpcw of dus Agrearnmt is to mwndsan and furdw hamomous and coopmtrw labor mmagemeaat relatioaas Won a cora&active and sound l'oaandatiaa; aaad Whereas, the comerstone of this fowdauon is the mutual acceptance OW reswgaion of tb and obligations of bona parties, in order that the ,point responsibilities of the bdic � ic !� employee to represent the public be fuffilled and the and mo a ent be .�ssaared; and feneca�ns of be Whereas, the City is aWsed in f wnishiaag esseMW public services vital to the hVd ka, safety, Pr on, damson, and gamin well4mmg of the public, and both games hereto recogmw the need for continuous and relivable service to the public; and Whereas, both the City and its employes have a high &saes of responsibility to the public a" reoogaaiaa tI- need for continuous and reHable service to the public; and Whereas, since both pwies mcogwn this sae al responsibd y, they have entered iMo dais Agreement as an insert and mews to, permit them to fulfill said reWnsibility; Now therefore, iaa consideraation of the premises and prowl es set ford► harm to Mw the benew used advantages auccraaing oar expected to aerue to the parkies hcmo and those covered by this Agreement by =son thereof, said partics hereby Wm as tolls ws: .10--.. 4 97 of 168 ARTIE I -- T'he City of Sebavim hereby recooftims *0 Coastsi Florida Police Benevola t Association, Inc., P.13.A, as the exclusive BaTaining Agent for rOVect to wages, leas and oilier term, 1 conditions of of collective �g wig Braining Unit. employment for all employan in the 1.2: Thai ilsait for which this t�lutaaber i "i08 recootion is wed is as deed in Catffication granted by the Public Employees Relaiiosis Commission on Octaiier 3, 1995, comprised of all full -time permanent Police Officers, � Police Sebastian. Excluded are Ponce Chief, Police Ca Sergeants of the City of Auxiliary Police of all ranks, per, �nci Police Lieutenants, Deserve or emp�3's, as well ' 3e�y, or cowl and all other City as, any unclassified employes yet to exist, exoep$ thOW Wenfi&d above. 1.3: The PB A. recognins the City MMager or re Pie of collective bargaining.sentative as the sole represeive for the 5 98 of 168 t fh " (l ?LJO i ARCM 2 ORGANMAInn 2.1: The >E B A. 89fm that the City may conduct fmm time to time organizationa1 cliff SUM YS of manbers of the �g unit. The purpose of such sure�eys is to iM p &e s r, mr9mailmdooal cubum and climate of the various wort units, and to assist managm2evj in providing a more positive work envirome t ffor employees. 2.2: Prior to and upon completion of survey activity, the City agrees to meet and confer with the duly elected 'P.B.A. *tewaMs Ern "Pe to discuss survey content: 2.3: 'be surveys sha11 not include any refers m to the P3A. orgm ization or its representWves, 99 of 168 ARTICLE 3 NO alb OR M)CK OUT 3.1: MID,- as used in this ageement shall mean the concealed iMUM of employ to rem for duty; the concerted absence of employees from their positions; the conceged stoppap of worlf by employees; the concerted submission of Migutiosrs of employees; the concated abstinence, in whole or in part by any gmup of employees frown the full and iaithN Perfommice of them duties of employumt with the Employer for ft pmgose of ring, iiueacim Mwoning„ or coercing a change in the ems and conditions of employment of the riglrts, priv3`leges or obligations of public employment, or participating in a deliberate and concerted cmirse of conduct which adversely affects the services of the Employes, the concerted fade of employees to mPmt to work Aef exIMMUon of a colleetiv® barpiumg agreemerai. 3.2: lihe PBA reeog aiaes that it and all act in concert with it shall be liable to the penadtes set forth in Section 447.507, Florida Sys, in the event of a strike in violation of this Article. 3.3; Members of the P B.A. shall not engage in any walkout, strike, sit -down, or aver interferea= with or interruption of police services during tk tem of this Agreement. 'The PBA recognizes that makes by public employees are prohibited by Article 1, Section 6 of the Florida Constitution Md Section 447.505, FlOMB Statutes. TIV PBA. agws not to awhoriw, i mdgate, OT otherwise RWPm't a strike, as defmcd in Section 1, above and to take all eve acdons Iegally available to pmvont or termirlste any sh*e that occurs M contMVMtM of this commitment. 3.4: The City a&fts to =Wt and abide by all the reruns and conditions of this Agreesnent and agrees that during the term of this Agreement it will not lock out members of the BargaWng unit. 3 .5: The City Mcogniws the right of the P.B.A. to engage in informational picketing as long as such picketing is done in a lawful manner in accordance with Florida Statutes. The P.B.A. agrees that there will be no interference, with the fiee and unrestricted right of any City employee to enter and leave City property. 7 100 of 168 1 t�b���l.r.me � y..•,4 , r r`, 4. Z: It is age that no employee sWI be requite as a condition of en4go3 t qo join of amain from joining the P.B- a. 4.2: The City agrees it gill wt disrtzsninaW against; coerce, or Wfimidaw any employee covend by this Agrevinent bemuse of ttzembeE<ship or Enon- membership in the PB A. m 101 of 168 ARTICIIZ 5 RUMIES ED w .a. HON 1 r1 � ✓- 5.1: Any Member of the bargaining unit covered by this Agmmenat may aiwo'kize a payroll deduction for the pur}M of paying Union dues. Such auftdzat ofia shall bye effective only upon receipt by the City payroll section of a fully executed Does Deduction Fenn (as authorized) from any employee. 5.2: The P -B-A erili ini tinily' notify the City as to &V amount of dues. Such nofification, to the City will be in uniting and from an official of the P.B.A. Changes in Union Membership due$ thrill similarly be certified to the City at least thirty (30) drays prior to the effective date of that change. 5.3: Dues shall be deducted bi -weekly and thereg&er shall be remitted monthly to the P.B.A. as it is now remitted and shall be accompanied by a IW of those employee's names whose clues are included. Remittance of dues shall occur no later than five days following the last payroll of each month. 5 -4: The efif'ective date for deducting daces small be the beginning of the pay period following the date the Dues Deduction Form is Biped. The effective date fw stopping dues deduction shall be at the bV9 mning of the pay period ftfirty (30) clays following the date the form is signed. 5.5: The P.B.A. agaves to indemnify and hold harmless against any claims, suits, oars, or Judgmeuts brought or issued against the City based on any payroll deductions of dues as provided for in this Article. 5.5: The P.B.A. agrees that no employees will collect or attempt to collect dues or assignments at any time during working hours, other tb m during break periods or periods before or after duty hours, on the City's pro". 53: No deductions shall be made from the pay of any employee for any payroll period in which the employee's net comings for that payroll period, after offer deductions, are less than the amount to be dedaacte& The P.B.A. Authorization letter shall be prepwed by tin€ P,B-A, and shrill be fomardcd to the Administrative Services Dep m-tmeent. 5.: All persins CAVITently on ciueS dcdus�-da9a shall catiuue Nviffiow farmer saathoriaat�n. 9 102 of 168 ARTICLE 6 11TM4PtkTZ1aP[!!�"i'llTttn�x. r • .. xrev_.c....� .. . �.... ,..� ;�t _ . y- 'f 6.1: 1110 City said the PM A. Wft to fall mul unequivocal coopea-ation with each other in eliminating all discrimination end to assure 911 personnel paVgrams, policies, and assigr-nrmmts am. free from discrambu tory practices. 6.2: The parties recopin drat it is .mutually beneficial to resolve any }noble m of alleged discMaraaination as amicably and expeditiously as passible and agree that each shall make a good faith effort to settle such dispute MfMMd1y Within the Depailment before any foanmal complaint is filed. 63: An Equal Employment opportunity (EEO) complaint way be an allegation of discr iminaflon on the basis of- a) race, color, religion, sex, national origin as PmWbited by the Civil Rigs Act of 1964, as amended, or by applicable sUft and local lave b) age as p0iu'bited by the Age Discrinminatjon Act of 1967, as aumxk4 or by applicable state or local law, c) so-A as prohibited by the Fair Labor StUndards Act of 1938, as amwded, or by applicable state or local law; d) rerO8Di=d physical haardicupping conditions as prohibited by the Rehabilitation Act of 1973, as axnended, or by applicable state or ltmeal law; e) marital sWus or lawful political affiliation, as prohibited under Federal Law and Florida Stattdt -,, or applicable local law. 6.4: la the case of an EEO complaint based on dw grounds stated in Section 3 of this Article, the employee may seek recourse exclusively utedeT applicable slztVmy psoceldums, and the complaint will be pissed in accordance with the current and aWiicabk rules and regWations of the appropriate federal, state, or local agency. 6.5: The P.B.A. agrees to fully support the principles of .iErlual Employm nt Oppostunity. The P.B.A. shall be included ire the raegMatroD of eany fbtaaft Consent decrees that affect dw P.B.A. ad its r umbers. ne P.B.A. and the City agree to abides by kM- Mona court - ippmVe consent dOcr= to which both parties have conseftd. 4. to 103 of 168 ARnCLM7 The City agees dW pmudic mohngs, Mu Wally agreed upon. betw= AssccMon RepmentWvas and the CiVs employee lemons officials Will be held to discws problems and objeoves of maul C== involving the implemenUtion ad administndon of this Agmment. ne function of thew mectiup will be to discuss general man"s pwtdaing to employee relation. PJ3A representafm shall be united tD two (2) Unit Rqmmmbfives during Labor MamWn%mt meWngs. The Coustat PBA may W-mg as many officials as deemed necessary. Prior to the meeti ng, bo& parties agree to identify who wiff be present II 104 of 168 INNRRT.A RZIPUSgfMMO V 1� g.1: The Employer fees to cognize ®lected officers and Union Repaese %fives of the P.B.A. The Employer Agrees that during the terms of thus Agreement at will deal only wr& such Whonzed representatives in matters M1191119 offacial motion by the parties m accordance with this Agreement. . 8.2: P.B A. shall appoint (2) bargaining unit members for all the units reel by the P.B.A. to serve as the Unit Representatives for all employees in those Uaitss. The Unit lopresantatives and the alternate Unit Representatives shall be a City employee on payroll was and shall be responnsible for labor relation activities associated with the administration of this Aunt. Furthernim, Unit Representatives shall be responsible for the coordinating and processing of grievances for all the Local Union members, and Shall conduct action= to avoid overlying or duplicating services of any other anion representatives. These activities shall be coaedu W without dmupting the work of spry CRY employees Wbo are not directly involved. 8.3: T'he.P.B.A. agrees that Unit Reprasents Ives shall not tz.- permit to leave dwiT assigned dray siatioaas during working hours without autlmzatm of theme S%M -"Sor or the Police ChwE The P B.A. agrees to conduct all P.B.A. business outside of normal working hours in order not to disrupt the work of mit employees. This shall not pmlude the grievance procedure from being conducted during normal working hours. SA: The City agrees to allow up to two Unit Representatives of the P.B.A. who an on duty at the time negotiations take plane with the City and the P.E.A., time may from their regular duties /shift assignments withoat loss of wages or benefits as long as it does not creaw a manpower /shift shortage. This will be done with the knowledge and permission of the Police Chief or his desigw. The EMPloyer will maintain job descriptiorus for job classifications covered by this Agent and Will notify the P.B.A. of any intent: to change swh job classifications. 12 105 of 168 ARTICLE 9 iJ8t1J.3t�i1.121V 1[7)V.4`dtifL�Y� r ��� �• 9.1: The pity agrees to allow the P.B.A. the use of a bulletin board of reason6le size and depm1ment e-mail nor the posting of notices of its official business paining to its members and to unit employees. No scumilous, defamatory, or odmwise objectionable maul will ba pasted or b- mailed. Any mint, at the dismtion of the City Shat contmvenes this provision shall be ordered removed by the City. Any matmial so removed, or a copy dwreat dell be given to the P.B.A. by placing in the P.B.A. representative's intro oWm mailbox. 9.2: The bulb board and/or departn wmt e-mail sha be used far the posting of the following: (1) Notices of P.B.A. recreational and social Fairs. (2) Notices of P.B.A. elections and the results of such election. (3) Notices of P.BA. appoiabnents or other official union busimm. (4) Notices of P.B.A. meetings. Copies of all materials, notices, or announcements shall be submitted to th@ Police Chief or designee, before dwy are posh. Ail notices shall be sib by a duly authorized P.B.A. represerWive. Any other notices, including any nofiees containing info ation other tmn Purpose, daW, time, and Pte, MY bd lamed on tbe designate P.B.A. bu&fin board and/or delivered by department a -mail only with the approval of the Cam. 9.3: All costs maiden to the prepznation and posting of P B.A. material will be borne by the PB.A. The P.B A. is responsible for poSft and removing approved materials on the desigmarted bWletin board and for maintaining such bulletin board in an orderty csshdidon. 13 106 of 168 f ARTICLI is j t Each employee coverall by this Agreement, sW haw the riga to inspect his offiloik pem=el files, provided however, the su,Ce inspection shall tab place during working ham at the location where the official personnel files.are kept. Thee ehalt be a personnel file nwintdacd by the City that shall be Considered the official personnel file for purposes of pal actions. This file shall be meaintamed by the Admmistradve Services Bisector and shall be kept at the Administrative Servie s lei and shall na# contain any reference to dis� enMUS. All disciplinaay and Wanal aff* matters AMA he maintained 'at the police departrnm under the control of the Police chief or his desire; ail copies ies of dasciplanary actions shalt be forwarded to the Administrative Services .Director 10.2: The City will have the employee sign for a Copy of any adverse action dyad to be placed in an Mmptoyee's personnel file prior to the documew being placer} into the file. EmplWees shall have the right to file a written response to any lemma of reprimand or other do=W that is placed in the employee's official persongei file as a result of supervisory &adoa or cid= complaint. Any such writtim reqmse shall be included in the employee's oirmigi personnel file together with the letter Of regY•ir =d or oilier document against which it is dire. To die extent perms by law and in order to protect the privacy and promote the safety of individual police officers, the City agues rw+t to d'arectly or imdiresly ne;vs ilia or public With any employee's home aftm, telephoe nurnber, photoFaph, and/or pmornjei records without the employee's cx mrL 10.3: The PEA agrees not to dim* or indirm* furniab the wws media or the public with personnel records without the art of dw City and the employee, thus mutully agreeing to the Confidentiality of personnel rem other than required by law. 10A Written reprimands shall not be used when considering subsequent discipline where an offloOr has no disciplinary action against him after receiving two (2) or mom performance evaluations from the issuanm of the reprimand as long as the same or a Sunilu situation has not occurred. 14 107 of 168 ARTICLE 11 LAW 2 Si�i�]7I` ®��ICEM E �i THE 11. is The parties recognize that the security, of the City nerd its Citizens depends to a l eMent upon the der in which the employees covered by this. Agreement pe&m thck various duties. Further, the parties recognize that ' the performance of such duties involves the employees in all manner of Ge 1 999999 and relationships with the public, and out of such contacts and relationships, questions or complaints may arise concerning the actions of employees covered by thus Agrecment. Investigation of such ques ions anNor complaugs merit necessarily be conducted by, or under the duvotion of, depwtnental sw om Mperaismy oflicuds whose primary concearm must be the security of the City and preservation of the public WereA. A. in order to rtmaintain the security of the City and protect the inter of its cum ttw parties agree that the City must have the unrestricted rW to comtduct investiptim of citizen complaints and matters of internal security; provide'zfl, however, that any investigative interrogation of ' ray employ= covered by this Agreemw rehdive to a ci&en's complaint and/or a matter of intmW security shall be conducted under the followmg conditions and in accordance with Florida Statute Cdr 112 wbkh is incorporated herein in its etirety as a part of this agreement (should Florida Statute 112 be amended during this Agreement, such amendment shall automatically be it posted herein): (1) Time inteffogxation shall be conducted at a reasonable hour, pwfembly at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (2) The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and no later than forty -five (45) calendar clays after the investigation is initiated. The employee shall be informed of the names of an complainants. All identifiable witnesses shall be isaterviewed, whewver• possible, prior to the beginiiing of the investigative interview of the amused officer. The complaint and all witness statements slmall be provided to She officer who is the subject of the complaint prior to the beginning of any investiga&e interview of that officer. Are offiosr, after being informed of the right to review �viuwn statenwnts, M, ar, Voluntwily waive the provision of this PM`agca3)31 Hied provide a voluntary statement at any time. (3) The employee under investigation small be informed of the ram, name, wd command Of the ®fflm in chWee of the in-vestigatiou, the into m- gation officer, and all persons present during the interrogation. All questions directed to to employee under interrogation shall be asked by and through one (1) interrogator during any one investigative iartenro9ation anty, unless specifically waived by the subject officer. (4) lnterroWion sessions shall be for reasonable periods mod shall be fiawd to allow for such rest periods as are reasonably necessar y. All interrogations shall be held at the headquarwrs of the Sebastian Police Dep ut wnt. (5) At the request of the employee under investigation, he /she shall have the right to be represented by counsel or e€ any outer representative of his/her choice, to be present at all times dear ung such imturogadon. 1� 108 of 168 (6) The &nnw interrogation of an employee, including all racers periods, shW PECOMed, SMA $lte➢e chpil Va loo itp]reCOrtl—A q ioels or MUDI n M (7) If the employee under JkAerrogation is under arrest or is likely to be placed muter &rrW as a fesult of the rogation, he/she shall be completely informed of all MOW tl&aadca and/or Go7ay v. Nj rigbts prior to the commencement of the interrogation. (8) No employee shall be ordered or be able to volunteer to subunit to any d vioe designed to measure the tnzath of hiVW responses during questing. (9) During interrogations, the employee shall not be subjected to offensive language or threats of transfer, dismissal, or other disciplinary actions. The interrogator does not have the right to make a promise of reward as an indtw 4mew to answering questions. (10) wring inteTTOPdons covered hereunder, questams shall be limited to the circumstwoees surrounding the allegations, which are the subject of time Investigafim (11) In the interivst of the intemai security and Mess to the employee sander isnvestigatioue (criminal or admisistrative), the City, employee, and union representative or agent, insofar as is legally permissible, agree to make no stat mem cOnceeming itme investigation until such time as the investigation has been Meted. (12) An employee under investigation. may obtain sa copy oA any written g&Vmetat he/she has executed. (13) Iua all cases Wherein an employee is to be interrogated concerning an alleged violation of the departnnent's Rules and Regulations which, if proven, may result in hisfher dismissal or in some other disciplinary euessur£, he/she shall be afforded a reasonable opportunity and facilities to contact and consult privately with an allmiey of hlv%er choice and a representative of the P.13.A. before being interrogateri. However, except by mutual agreement, the inteaarogation may be postponed for no wore than forty - eight (48) hours to provide this opportunity. (14) Any employee; may be ordered to submit to a blood test to determine the percentage of alcohol in hisiher blc*d if the employee appews to be under the influence of. alcohol. Such Lost may be givers if requested by the employee. (a 5) No employee will be comPlIed by d'aey Chy to speak or testily or b questioned by any norm- ,govenunental agency. ( 3) In cases wine the pity chooses tolie've an ermmlaloym fpm dui pending am inverstigatioee, the following conditions shall pa�evail: 1. The employee will remaiea ors full salwy and allowa s, m d shall not lase any benefits during this period of time. 2. Should disciplinary action result from the investigation, tha period of time in which the employee was relieved from duty will big bteluded in tho disciplinary action. In the event that an employee laL ^s been Braid, dw employee's accusnWated vase ion leave oa compc nsatosy time shall be charged as ra set-off of at the employee's opson. P6 109 of 168 (17) During ill mvestiPtica -% questions shall be iimaiwd tD Ift surroaguding the officer's alleged via blip ofdepatment ranee . (18) The findings ofd inteanai emirs investigation s-ll be kbeled Sustaied (witty as � 3 charged), Ewnavled tact occurred, but was justified), UnR aid (act dad not occur), or Not- SZi�ed (not guilty). NO O&er terminology may be used. (19) Only ICUM of complaints from citi % which have been aswimd in whole or in part, will be inserted in an off mes personna record. (20) The City shall not discipline any employee without just cause or due process; hovvev+ea, the City may dischaTp any psobaiio=y employee w out just cause or date pncess. (21) Any annployee involved in a shoes where injury an&or death occurs, shall not be compelled to make any oral or wrinen stets. Ttie employee $luf be given the necessary titre to consult with hisllmr attorney prior to any om or written statements being vguested, �. ID any case where the City balieves theft is just cause for loss of pay or more get~ious disciplinary action the employee and the p.DA. Gall be noftfisd in witiang. C. Ito the event an employee becomes the subject of o forml departmenW or City investigation arising from a citizen's complaint or allegatioX the department or the City, whichever is appropriate, shall individually no* the employee of the complaint, Upon conclusion of the formal inves6gwoon, the employee wM be noted of the disposition of the complfaint. 11.2: Notice of Disciplinary Action -- No dismissal, demotion, transfer, reassignment, or other personnel action which might result in loss of pair or benefits or which is tka purely as a punitive measu+e shall be taken against any law enfomement officer unless such law enforcement officer is notfied of the action and the reason or reasons tlmrefore prior to the effective date of such action. 11.3: Retaliation for Ex=ismg Rights —No law enforcement officer shall be, discharged; disciplimed; deaN t d; denied promotion, transfea•, or reamigcm ent; or otherwise discriminded against in regard to his/her employmcnt or be threatened with any such ta- attaaetaa by mason of his/her exercisa of the rights granted in ,~his Article. 11.1: If a complaint is brought aainst a bar ;mg unit member tram any smu+ce outside th, City s Police DtparWwnt and the ianvestiaadon of the complaint is bD result in disciplin -Say nction agfaflaast the bargaip3ng zani8 saag3aaG es, hei /sho may request the appti�st�aent of a "a�srnlai aki Review Ind within ten 00) working days of noti6catiom of discipline ideagifned in 11:2. A. The COMPlaint Review Board shall be comprised of &Tet (3) law enforcement officers fl-OW MY State, County or Municipal agency within Indian Rives County. One member will be selected by the Police Chief, one by the ofiFim against whom the Wniplaint is registered and one who shall be selected by the other two members. B. The Complaint Review Board shall meet promptly to �view the complzaiQat lac has been bAOngK all of the available evidence in the cause and an explanation of the css@ by the bargaining await member or their reprasentatsve. The lwrd shall t�ze a =Onuaend (s) to the Malice Chief fop Whatever action kdDenis alt as ae iF 110 of 168 G The recommmendati*s) of the Complaint ll; v board am a,dMso3y OWy and smell Ejol restrict time Police Chief in malChg a final de Won s ononning time discipffiary acfion, if my, to be men, nor shall it restrict &e unit member's wing right to grieve any � ; .... discipli ry action drat results f m the complaint .t No bargaining unit member sha be disciplined, e=ept tw-mination of wmstten mprim=4 until f such time as the unit. member's bargaining griem�sam� appeal (excluding arbitration) of the discipline is completed or until the time Erame for a grievance has expired. i3 111 of 168 ARTffCffZ a BE{°9: 32.1: The City shall, upoaa flee request of any employee cover + by this Agiumeant and after notice of suit againast flee employee has been given to the Offiice of the City Att n ley, wig t_M (10) days afWr sere w Von the employee, undertake the defense of that employee damage suit in Which the Complainant in the snit a�ge3 that the -employee asaacti away civil the scope and course of his/her employment and does not allege that the m was �ithiaa faith, or with malicious purpose or fan a der e� - . employee �c� in bnd human rights, safety, oa- prope y. wanton and willful dLwqpM of The City shall, aapapn the request of an employee cower by this A tine suit again# ilse employee has been time went he after notice of within ten (10) days after service h' received by the office of the City Atto�y, against any civil �°n the employee, �e the defense of that empkrfee damage suit in which the Complainant in the wait alleges that the employee was acting within the s of his/her employane�, even if if the Corn al�r�aatiwe chat the ea nPloyee acted in had phdns nt also alleges ian the exhibiting wanton air Willful disc g with malicious purpose � in a � cases fat which the C' of believe rights; safety, or properly. However, in those City reason to bet icio the# fleece exists a substantial factiml basis for the allegations in flee suit of bad faith, malicious puagDose or in actions 07&biting wanton r willful disaeg l of hung rights, safety, os property, employee shall be notified %aa tae /she must provide hi&Ur defenn at his/her odvn expense, r the Cit�t s3rl not be requited to either continue Of undertake the defense of the employee. 12.3: 11 a civil damage suit in which a def'enso is employee against an punitive by the City, the City will indemnify dw employee as a malt of its, eft for punitive damages, rendered m that suit aghast the his/her actions which occur while he/she was acting within the scope aaan encourse of his/her employment, up to the limit, specified in 768.28(5), Florida Statnates; as ed. 12.3: At any time after the City has undertaken the defense of an em to employee, at his/her own ex p 3'� � a civil damage wait, the Dense, may, with the permission of the City, hive counsel of hider own choice and substitaate that counsel, with the consent of the applicable court, for the coaaansel Provided bye. Ci� r vvithoaat affecting the eanp3oyee's rights to indemnification under Section 3 of this Artic3c. 12.5: aplov� a�ees tc� sozapwate f "t' wffi tl City if the City widerlakes t e d on a�f employee. Faela aa� s pe shall relieve ate Catgr of its abli�a�oan to defend or iaasiennaaiiFv Ohe employee. J9 112 of 168 13.1: �S The P B.A. 29wes ffiat ilae CitY Ins aud will ti>aa to whether e�ised or not, the ngb# tO age and its affairs in all �pects apt as asarrdified by other articles of Agora rnerat, T s�gh#s of City, duoaagb its ement oiBcials, s II include brsi of be limited to the follovvinag this A. To deteanine the iaetIon of the City Coverrn¢neut B. To deterM'na ate PrlaOSe ofeach of its oonstitu,,,,g C• city, exerciss caxatroJ sand al ion over the, OrPniwt arsd eB- .acioncy Of operations Of tk - To set 6tmdards for service to be off end to the public. E. To manage and direct the employees overtime, and to estaabli °f C Y including the r-'Sht to assigar 'work and covered by this en as tliiy, or claaasge males and regulations applicable To emp*ees A�erraeaat. F, 3o hire, exarasiaaa, classify, prOasaote, #asaias, taaass�fer•, and ars,3lgaa, employees in positions with the City, G- To suspend, demo #e, discharge, or Bake o siisc' l' Jtm Cause involving ciencics ias W 'Y action and imps moons for ormunce aaati/or deficiencies in conduct. R To'Ofease, reduce, Cheri&, Modify, or alter the coMposition of the work force, including the right to relieve e�spIoyees from duties became of lack of work an&OT hwk of flmds. 1. To deWrmim the I =, rrteiliod, aneaus, aasd coaxducted, including the right to detera�sirae �,vlae� r �s or sail cgs ate, Ito � an�ce or Purchased or to be vontmcterl out or subconIcted. 3. To cietearraift the numbtT of employees to be ersaployed by the City- K. To establish, change, or modify She number " ?ssitried ho veQ pit" Positions ar n Orgsiaoa, tsparaeut or Civisan ha f#� proje;pt, . To e lassa5la, ch ;,e, odif;� tla€tles, tasl�s, and absponsibiMes car a aaiavanwnts bvithin b ciassi tiOxas tl r are not tames and conditions of ewploy. at ?a, Ilse hest of efficiency' e�*noaxxiy, to 'hnoiogical change, or cperu#ing Muir m its. 13.2: The City has grw fat it 'Y and °bIa the amount of budget to be, add �g y th to d�hae Ilse purpose and'nissiOn of th- City and g pt by the City Council. I3.3: at the sole discretiOn of the City, it is detetrnined that including but not lianited � strikes, vvorxc sto f es, d a civil smerge,-acy condition exists a, similar carcasarastfaasces, the provis!Oaas of this A �' civil disorders, hurricane c°aadi�aras, the declaim elneagealeY, Provaded that wa- ��aflaeast rainy be ssaslr nded during the time of ge rates and insurEnce shall n& be suspmded. 20 113 of 168 is [� ARnCLE, U Employees may "e 6SC ne' for jIW MUSO inVIDIVbg (jefiCieacieS in pedbummce an(y fici ies -d with vnitten notice of the kiwis Oww"a Employees So disciplined sbW3 be Provide or de, enc in Discipjjwy action Shaff be takm in acem &n" ,With kawDW Police Depatnew for such disc4)rme. 114 of 168 ARTICLE 15 RATES OF PAY 15. l : For the first year of this Agreement (October 1, 2013 — September 30, 2014) there shall be no rate of pay increase for any steps of pay grade 27 and 30. 15.2 For the second year of this Agreement (October 1, 2014 — September 30. 2015), the parties agree to collectively negotiate a potential change in rate of pay for all steeps of pay grade 27 and 30. Any rate of pay negotiated must be duly ratified by both parties. . . 15.3 For the third year of this Agreement (October 1 2015 — September 30 2016 the parties agree to collectively negotiate potential change in rate of pay for all steps of pay grade 27 and 30. Any rate of pay negotiated must be duly ratified by both parties. 15.4: Effective October 1, 2007, Officer's and Sergeant's, who receive State incentive money for training and education, excluding Corrections courses, will receive an amount from the City up to $1,560 annually. 15.5: For the purpose of the Agreement, the term anniversary date shall mean the anniversary of an employee's date of employment or promotion in the bargaining unit. For the purposes of longevity, the date of hire with the City shall prevail. 15.6: Not available from October 1, 2013 through September 30, 2016. A new police officer without any demonstrated education, training or experience in that job title, shall be placed at the first step of the pay plan. This employee shall be eligible for movement to the next step at the completion of his/her first year of continuous, unbroken employment with the City in his/her job classification provided that such employee receives at least a satisfactory performance evaluation upon his/her anniversary date. 15.7: The city reserves the right, based upon a new employee's previous education, training and experience, to exercise lateral entry and initially place such employee in any of the first four pay steps that are allocated for the job title of police officer. 15.8: In the event a Police Officer is promoted to the job classification of Sergeant, the promoted employee shall be entitled to the entry level for Sergeant or a four (4) step increase to the closest step in the Sergeant's pay grade, whichever is greater. 15.9: Sergeant pay shall not increase above pay grade 30E — Step 20. 15.10: Not available from October 1, 2013 through September 30, 2016. On or after October 1, of each fiscal year, all bargaining unit members shall advance to the next higher pay step for their job title upon receipt of an annual evaluation which is at least satisfactory. In the event an employee's performance is below satisfactory, the City shall inform the employee, in writing, 22 115 of 168 of his /her specific deficiencies and allow the employee a reasonable time, not to exceed ninety (90) days, to correct his/her performance. The City shall delay movement of the employee to the next pay step for his/her job title until such deficiencies are corrected. 15.11: Not available from October 1, 2013 through September 30, 2016. Step increases, as set forth above, shall continue for the duration of this contract. 15.12: All investigators shall receive a non - uniformed clothing allowance in a bi- annual amount of four hundred ($400) dollars payable in two lump sum payments of four hundred ($400) on October 1st and April 1st of each year. This amount is in addition to the allowance allowed under Article 41.4. In the event an officer does not remain an Investigator the entire bi- annual period after receiving his/her clothing allowance, the officer shall repay the City on a pro rata basis. These allowances shall be paid in a separate check. 23 116 of 168 ARTICLE 16 TEMPORARY ASSIGNMENT 16.1: The Police Chief or his designee may, in writing, assign a bargaining unit member to a higher classification for a temporary period. The affected bargaining unit member shall be entitled to receive a $3.00 an hour increase to their hourly wage for all hours worked, including overtime, in that higher classification. The provisions of this section shall apply to temporary assignments to the position of Sergeant only. A bargaining unit member shall not be eligible for Assignment Pay as provided in Article 17 while they are receiving Temporary Assignment pay provided in this article. 16.2: Appointment as an investigator is considered duty assignment and not a promotion with the same provisions as a temporary assignment. The bargaining unit member shall receive one -step higher than his/her regular rate of pay to their base pay while serving as an investigator. In the event the bargaining unit member serves as an investigator for three consecutive years or more and is transferred from that assignment, the member shall retain the one -step increase in their base rate of pay. Bargaining unit members shall only be eligible for this one step increase, one time during their employment with the City of Sebastian Police Department. 16.3: Appointment as an Acting Shift Supervisor, in the absence of the Shift Sergeant, is considered a duty assignment and not a promotion with the same provisions as a temporary assignment. The bargaining unit member assigned to a specific shift by the Police Chief or his designee will be issued insignia, to be placed on the sleeve, for each of their issued uniform shirts to indicate the higher classification. If the bargaining unit member is transferred from Road Patrol or given a different assignment, then the employee will no longer use the insignia. 24 117 of 168 I_`4NI V ARTICLE 17 ASSIGNMENT PAY 17.1: A Police Officer assigned the duty position of Field Training Officer (FTO) shall be entitled to $3.00 per hour additional compensation, including overtime, while actually assigned to a trainee. 17.2: A Police Officer assigned as an instructor, shall be entitled to $3.00 per hour additional compensation, including overtime, during the period of providing in -house instruction only. 17.3: A bargaining member shall only be directed to perform one assignment upgrade per hour as provided in Article(s) 16.1, 17.1 or 17.2; therefore, the bargaining member shall be entitled to be compensated for one assignment pay upgrade per hour. 25 118 of 168 b IR/ - i' � ARTICLE 18 INJURY PAY AND LIGHT DUTY ASSIGNMENTS 18.1: Any regular full -time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the first eighty (80) working days of such disability, the employee shall receive net supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment. B. Thereafter, the employee may utilize any accrued sick or annual leave in order to receive supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment until such annual or sick leave is exhausted. C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not to exceed one year. 18.2: If any employee, due to an on-the-job injury, is temporarily or partially disabled from performing the duties of his/her classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the employment connected disability leave supplemental benefits. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of suitable work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement. 18.3: Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty. 18.4: No employee will be entitled to employment connected with disability leave with the benefits described herein if the injury suffered has been determined to have been the result of intentional self - infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. 18.5: While receiving employment connected disability benefits, an employee shall be entitled to all benefits which he /she would normally receive pursuant to his/her employment with the City. M1 119 of 168 ARTICLE 19 CALL BACK PAY 19.1: A bargaining unit member, who is called to return to work after completing his/her scheduled shift and has left the work place of the City, shall be paid at the rate of time and one -half (1- 1/2) the regular rate for hours worked with a minimum of three (3) hours. Travel time shall be considered time worked. 19.2: A bargaining unit member called back to work who is on authorized leave shall be paid at the rate of time and one -half (1 -1/2) the regular rate for hours worked with a minimum of three (3) hours. Such employee shall not be charged for leave for any such hours worked. Travel time shall be considered time worked. 19.3: The three (3) hours minimum call -back pay shall not apply in those instances wherein the overtime commences one and one -half (1 -1/2) or fewer hours prior to and runs continuously into the employee's regular shift; or the employee is called back to work to rectify his /her own error or omission which cannot wait until the employee's next shift. In such instances, the employee shall be compensated for the exact hours worked at the appropriate rate. 27 120 of 168 ARTICLE 20 ON -CALL PAY 20.1 Designated bargaining unit members required to be on -call shall receive one hour at time and one -half Monday through Friday, and receive two hours at time and one half Saturday and Sunday. On -call personnel include one detective, and one MACE Detective. The list will rotate weekly. The MACE Detective shall only be paid for one on call week per month, unless directed by their Supervisor. On call hours shall not be considered hours worked for overtime calculations. This article does not apply to Officers being placed on -call because of emergency situations, ex. Hurricanes. 28 121 of 168 T�- ARTICLE 21 °�I311 COURT APPEARANCES 21.1: Any bargaining unit employee who is required to appear as a witness resulting from the performance of his duties with the City shall be entitled to the following: A. regular pay if called to testify during regularly scheduled hours; B. a minimum of three (3) hours at one and one -half (1 -1/2) times the employee's rate of pay if called to testify outside the employee's regular hours of work. C. In such cases, the employee will be required to assign the witness fee to the City. 21.2: Time off to respond to a subpoena to appear as a witness in a case unrelated to an employee's duties as an employee of the City will be at the employee's own expense (vacation or unpaid leave). Such leave shall not be denied. 213: Employees required to attend court while on scheduled vacation may be allowed to substitute the pay enumerated in Section 1. B. instead of vacation leave for such period provided that the court appearance meets the requirements of Section 1. of this Article. M 122 of 168 /0 I ►77 q ARTICLE 22 BEREAVEMENT LEAVE 22.1: Time Off Provision — When there is a death in a bargaining unit member's immediate family, that employee shall be granted a Bereavement Leave of a maximum five (5) working days in order to attend the funeral. Bereavement Leave will not be charged against sick leave, vacation, compensatory or holiday time. 22.2: The bargaining unit member's immediate family is defined as the employee's spouse, children (Including_ Step Children, supported by a marriage certificate), father, mother, brother, sister, parents -in -law, grandchildren, or grandparents or any relative who is domiciled in the bargaining unit member's household. 223: The City reserves the right to require documentation supporting Bereavement Leave after an employee returns to work. 22.4: Any absence in excess of five (5) working days in connection with approved Bereavement Leave will be charged to accrued annual leave or compensatory time, at the employee's option. 30 123 of 168 -fR- ARTICLE 23 MILITARY LEAVE 23.1: City agrees to grant request for leave of absence with or without pay in accordance with Florida State Statute 115.07 — Officers and employees' leave of absence for reserve or guard training. 23.2: The bargaining unit member shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the form request for Military Leave at least two (2) weeks prior to the date such leave is desired. 31 124 of 168 �(�l OA � ARTICLE 24 JURY DUTY 24.1: A permanent full -time bargaining unit member shall be granted time off, not to exceed eighty (80) hours, at straight time pay for reporting to required jury duty upon presentation to the bargaining unit member's supervisor of satisfactory evidence that such jury duty is required and provided the time required for jury duty is the bargaining unit member's normal workday or work shift. In order to be eligible, the employee must report at least seven (7) calendar days prior to the date of jury duty to the immediate supervisor on the prescribed leave form with the summons attached of the need to be absent because of a jury duty requirement. 24.2: Any compensation received by the bargaining unit member for jury duty shall be retained by the employee; however, a pro rata amount of the jury duty pay received by the bargaining unit member shall be deducted from the bargaining unit member's regular pay based upon that portion of the regularly scheduled workday missed by the bargaining unit member. There shall be no deduction for mileage pay or for the four (4) hour reporting period provided in Section 3 of this Article. A bargaining unit member seeking jury duty leave must substantiate any compensation received for serving on jury duty by submitting a copy of the check(s) received or a copy of the receipt(s) for any cash received. 24.3: If a bargaining unit member is released from jury duty within four (4) hours from the time required to report for such jury duty, the employee shall be required to report for duty on that date, provided that it is the bargaining unit member's regular work day or shift. 32 125 of 168 ARTICLE 25 � 1 VOTING TIME/POLITICAL ACTIVITY 25.1: During a primary, general, or special election, a bargaining unit member who is a registered voter and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where polls are open two hours before and two hours after the employee's regular scheduled work period, it shall be considered sufficient time for voting. 25.2: Employees will be allowed to engage in the full range of political activities guaranteed to all citizens while off duty and not in uniform. 33 126 of 168 ARTICLE 26 LONGEVITY PAY 26.1 Longevity pay will be awarded according to the following schedule: A. Bargaining unit members, after having completed ten (10) years of continuous services with the City, will receive an increase in their base pay of five (5 %) percent. The five percent increase will be added to their base pay the first full payroll period following their ten -year anniversary date. B. Bargaining unit members, after having completed fifteen (15) years of continuous services with the City, will receive an increase in their base pay of five (5 %) percent. The five percent increase will be added to their base pay the first full payroll period following their fifteen -year anniversary date. C. Bargaining unit members, after having completed twenty (20) years of continuous services with the City, will receive an increase in their base pay of five (5 %) percent. The five percent increase will be added to their base pay the first full payroll period following their twenty -year anniversary date. D. Bargaining unit members, after having completed twenty -five (25) years of continuous services with the City, will receive an increase in their base pay of seven and one -half (7:5 %) percent. The seven and one -half percent increase will be added to their base pay the first full payroll period following their twenty- five -year anniversary date. E. Said adjustments(s) will be based on the bargaining unit member's original date of hire regardless of the salary pay step the bargaining unit member is in at the time he or she attains the required number of years. F. Bargaining unit members in a part-time or temporary status at the time of their relevant anniversary date will not be eligible for longevity increases. G. Those bargaining unit members in- between the longevity periods of ten- to fifteen- years or from fifteen -years to twenty -years or twenty -years to twenty -five -years shall, upon the effective date of the contract, receive a one -time five (5 %) percent increase and shall subsequently be eligible for future longevity increases in accordance with the above. 34 127 of 168 ARTICLE 27 BASIC WORKWEEK AND OVERTIME 27.1: Fourteen (14) days shall constitute a normal work period for the bargaining unit members covered by this Agreement, starting at 12:01 a.m. Sunday and ending at 12:00 midnight on Saturday fourteen days later. Nothing herein shall guarantee an employee payment for eighty (80) hours of work in any work period unless the employee actually works eighty (80) hours in the work period. For the purposes of this Agreement, approved leave shall mean any leave compensated by the City. The City agrees to provide a minimum 30 -day notice if it is determined that the current work schedule should be modified. The PBA reserves the right to negotiate any changes to the work schedule. 27.2: Hours. worked in excess of eighty (80) hours in a fourteen (14) day work period shall be compensated at the rate of time and one -half (1 1 /2) of the bargaining unit member's regular, hourly wage. 27.3: For the purposes of overtime compensation, time spent by a bargaining unit member on personal leave, annual leave, sick leave, funeral leave, jury leave, military leave, or any other approved leave with pay shall be considered time worked. 27.4: If any bargaining unit member has accrued overtime and desires to bank compensatory time at a rate of time and one -half (1 -1/2) rather than be paid for the overtime, the bargaining unit member shall, prior to the end of the fourteen (14) day work period in which the overtime was credited, advise his/her supervisor of his/her desire to bank compensatory time in lieu of pay. 27.5: The Division Commanders shall attempt to accommodate the desires of a bargaining unit member as to the time off desired, work schedules and conditions permitting. If no compensatory time is requested, then the bargaining unit member shall be paid at the overtime rate of time and one -half (1 -1 /2). Employees may bank up to one hundred and twenty (120) hours of compensatory time. Any unused time as of September 30'" of each year will be paid to the employee in the next payroll check. 35 129 of 168 ARTICLE 28 HOLIDAYS 28.1: The following shall be paid holidays for regular bargaining unit members: NEW YEAR'S DAY MARTIN LUTHER KING DAY PRESIDENTS DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY THANKSGIVING DAY FRIDAY AFTER THANKSGIVING DAY CHRISTMAS EVE CHRISTMAS DAY ONE (1) FLOATING HOLIDAY 28.2: Holidays will be designated as the actual day of the holiday for the purposes of holiday pay. Employees regularly scheduled to work Monday through Friday may be required to take the observed, rather than the actual holiday as their designated holiday. 28.3: No regular full -time bargaining unit members shall receive pay for a holiday unless he /she is in active pay status or actually works his/her normal schedule on the day immediately preceding and following the day on which the holiday is observed. For purposes of this Article, "active pay status" means approved sick or annual leave, military leave, jury duty or other approved leave with pay. 28.4: Regular full -time bargaining unit members who are scheduled and/or required to work on the actual holiday and who work on that day shall receive one and one -half (1 -1/2) times the employee's regular hourly wage for each hour worked during the holiday in addition to their scheduled hours (8 or 10 or 12) as holiday pay for the holiday. 28.5: Bargaining unit members who are not scheduled to work a holiday will receive 8, 10 or 12 hours of pav at straight time. not to be counted for overtime calculation. For example, if an employee is scheduled Tuesday thru Friday and the holiday falls on Monday, the employee would receive 8 10 or 12 hours of straight pay for the holiday. The holiday pay would not be included as hours worked for the purpose of overtime calculation. (The effligievees eetion based �ef designee.. —Requ Stns sh- Ali -iivc lb2-HAf$as8ftably denied. The Peliee Chief will a ° °- aTC:ucusroia. 28.6 Bargaining unit members must accumulate at least forty (40) working hours during the fiscal year to be entitled to the Floating Holiday. Working hours are determined by time actually present, on City time, including all paid meal and break periods. 36 129 of 168 Il�7 ARTICLE 29 l SENIORITY 29.1: The City agrees that seniority shall consist of continuous accumulated paid service to the City. 29.2: Seniority shall be computed from the date of hire and shall accumulate during leaves of absence due to injury, illness, vacation, or any other leave authorized and approved by the City. 29.3: Vacation periods for each calendar year shall be drawn by bargaining unit members on the basis of seniority. When a bargaining unit member has selected dates for vacation the dates can be changed, by mutual agreement, only to accommodate another bargaining unit member with greater seniority and the request to change by the senior bargaining unit member is made at least ninety (90) days prior to the first day of the previously scheduled vacation. 29.4: In the event of a vacancy in any department or division, including promotional vacancy, seniority will be given reasonable consideration but will not be the determining factor. 29.5: Seniority will be given reasonable consideration in the selection of any bargaining unit member to be sent to any type of schooling but shall not be the determining factor. 37 130 of 168 ARTICLE 30 LAYOFF AND RECALL 30.1: Definition — A layoff is a reduction in the number of employees within the Department due to lack of work, lack of funds, or for any reason other than the acts or delinquencies of the employee. The City will lay off employees as herein provided. 30.2: Order of Layoff— In the event of a layoff for any reason, bargaining unit members shall be laid off in inverse order of their seniority in their classification as defined in Article 29, Seniority. A bargaining unit member to be laid off who has advanced to his/her present classification from a lower classification in which he /she held a permanent position shall be given a position in the lower classification within the department. His /her seniority in the lower classification shall be established according to the date of his /her permanent appointment to that classification including time accrued at a higher classification. 303: Bargaining unit members shall be recalled from layoff according to the seniority in the classification from which the bargaining unit members were laid off. No new employee shall be hired in any classification until all bargaining unit members on lay -off status in that classification have had an opportunity to return to work. 30.4: The City is not obligated to recall bargaining unit member after he /she has been on layoff for a period of two (2) years. 30.5: Bargaining unit members shall be notified of their recall to work by phone. If direct contact to the former bargaining unit member is not made, a registered letter will be mailed to their address of record and he /she shall be given twenty (20) calendar days to return to work. A recalled bargaining unit member shall notify the employer in writing within ten (10) calendar days of receipt of the recall letter of his /her intent to return to work. 30.6: A bargaining unit member laid off pursuant to this Article shall be given the opportunity to continue insurance coverage in existing programs during the lay -off period provided that premiums for such insurance programs available under the Insurance Policy shall be paid by the bargaining unit member on a monthly basis in advance of the month due. 30.7: Recall will be at the current rate of pay for the classification but not lower than when the bargaining unit member was laid off. Upon recall, all credit for salary fringe benefits shall be restored as of the date of layoff. W11 131 of 168 ARTICLE 31 PROMOTIONAL EXAMINATIONS 31.1: Eligibility for Positions within the Bargaining Unit: Police Sergeant: Four (4) consecutive years as a City of Sebastian Police Officer from the most recent date of hire. 31.2: Promotional examinations shall be given when a vacancy for Sergeant exists if there is not a current eligibility list in effect. The Administrative Services Director or designee shall administer all promotional examinations for the bargaining unit position of Sergeant. 31.3: Whenever a budgeted vacancy exists for the rank of Sergeant, the City shall promote an employee to fill such vacancy, within thirty (30) days, from the existing eligibility list. If the eligibility list has expired or has been exhausted when a Sergeant vacancy occurs, the City shall establish a new eligibility list within one hundred twenty (120) days. Upon certification of the new eligibility list, the budgeted Sergeant vacancy shall be filled within thirty (30) days. The promotional eligibility list shall remain in effect for one (1) year or until the list is exhausted, whichever comes first. A. Promotional testing shall consist of a written examination, oral review board and an in- basket skills assessment. a. The written exam shall contain no more than 400 110 multiple- choice questions. The exam aftd shall be purchased from an outside agency or developed by the Chief of Police and Administrative Services Department with the review and consent of the Coastal Florida Police Benevolent Association. The first 100 questions shall be considered for evaluation for the written portion only. If a (1) question is successfully challenged and eliminated from the first 100 questions 101 will be inserted If (2) questions are successfully challenged and eliminated, questions 101 & 102 will be inserted and so on b. The oral review board shall consist of three (3) Lieutenants (or higher) from other agencies and (2)(1) representatives from the City of Sebastian's Police Administration. The oral review board shall consist of law enforcement scenario type questions that shall be approved by the Chief or his designee. Each candidate shall respond to (5) scenarios. Each scenario shall be rated 1 — 4 by each evaluator. The highest and lowest scores will be thrown out leaving three scores to be calculated. The three scores shall be averaged and then the resulting point value multiplied by .25 to obtain the 25% value. C. The in -basket skills assessment shall be developed based on the actual duties of a City of Sebastian Police Sergeant. An outside consultant may be utilized to E assist in the development. The skills assessment shall be scored from 0 — 100. The score will be multiplied by .25 to obtain the 25% value. t ' i B. To move from the written examination to the oral review board and in- basket skills r assessment, the candidate must score at least 70. see i "esst a� . to v the wr-itten examination in the allet4ed time per-ied as iiist+ueted. The score will be multiplied by .50 to obtain the 50 % value to be added to the oral review board and in- 39 '" ►�, - k, 132 f 1 8 basket skills assessment score. if the candidate scores..less.than 70 on the vai fen ROAPna J they will be excluded from the remainder of the promotional. process: if the- eafldida� seerres less than 70 en the witlen peffien, they will be e3keluded ffem 4he Fefflaifider- ef the Pfef is net preeess. NOTE: After T.A., PBA requested to withdraw their proposal to change paragraph 31:3.13 and have original scoring requirement reinstated. Management agreed, 31.4: After all testing is complete; all scores will be added together to get an overall total for the entire promotional examination process. An eligibility list will be established in ranking. 31.5.: The Chief shall select any one of the top three (3) candidates on the eligibility list after interviewing all three candidates. When considering the top three candidates, the Chief may consider additional factors such as educational background, years of service to the agency, experience in special assignments, evaluation and disciplinary history, and other information that would help determine the best fit for the department's needs. 31.6: Examination and Posting Requirements: A. Examinations will be posted 90 days in advance. B. The closing date shall be 30 days from the posting date. C. The posting shall include the minimum requirements and an informational reading list for the written exam. Study material will consist of one (1) outside reading g study reference, in addition to reference to City of Sebastian's Policies and Procedures and Florida State Statute reference. 31.7: The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for an additional three (3) months by the Chief with approval from the Administrative Services Director. The probationary period may be extended further if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Sergeant is found unsuited for the work of the position during the probationary period, he /she shall be reinstated to his/her former position. 40 133 of 168 ARTICLE 32 PROBATIONARY PERSONNEL 32.1: All new employees of the department shall serve a probationary period of one (1) year, which may be extended for a period not to exceed six (6) months at the Police Chiefs discretion, during which time they shall not be entitled to any seniority or tenure rights but during such period shall be subject to all the terms and conditions of this agreement. 32.2: Upon completion of said probationary period, employees shall be known as permanent employees and seniority rights and tenure shall accrue . from the commencement of the probationary period and shall be considered a part of such employee's seniority rights. 32.3: A probationary employee shall have all the rights of the grievance procedure except where said employee is terminated for failure to satisfactorily complete his/her probation as determined by the Police Chief. 41 134 of 168 ivh ARTICLE h� 33 ` VACATION LEAVE 33.1: Eligibility — Only regular full -time employees are eligible for paid annual leave. 33.2: Accrual Rate A. Annual leave is earned on a pro -rata bi- weekly basis. The bi- weekly pay period is divided over twenty-six (26) pay periods. Full -time bargaining unit members will accrue annual leave based on their years of service with the agency. To clarify the rate at which an employee accrues annual leave the following table will be used. Table # 1: Continuous Unbroken Years of Service Length of Service: Bi- weekly Leave Accrual Rate Hours Earned 0 Year but less than 5 Years 3.077 hours 80 hours 5 Years but less than 10 Years 4.615 hours 120 hours 10 Years but less than 20 Years 6.153 hours 160 hours 20 Years plus 7.692 hours 200 hours B. No annual leave may be taken during the first six months of employment. C. Annual leave accrual rate changes take effect on the bargaining unit member's anniversary date. For the purposes of this section "anniversary date" shall mean those one -year increments from the date of employment. 33.3: Request for Annual Leave A. A request for annual leave shall be submitted in writing to the bargaining unit member's immediate supervisor for signature and will proceed up the chain of command to the Police Chief. B. A request for leave shall not be granted if the bargaining unit member has no accrued balance of annual leave. Annual leave shall not be used in advance of its being earned. C. The minimum charge against the accrued annual leave balance is one (1) hour. One (1) hour shall be deducted from a bargaining unit member's accrued leave balance for each hour, or part thereof that a bargaining unit member is actually absent from his/her duty station. D. Annual leave shall not be taken in advance of its approval by the Police Chief or his designee. 33.4: Use of Annual Leave A. Annual leave may be used for the following reasons: Vacation 42 135 of 168 �3 � 2. Absences from duty for transaction of personal business that cannot be conducted' outside of working hours. 3. Religious holidays not designated as official holidays. 4. Medical leave if sick leave balance has been exhausted. 5. Any other absences not covered by existing leave provisions, at the discretion of the Police Chief. B. Any bargaining unit member who becomes sick while on annual leave may substitute accrued sick leave for annual leave for the period of illness. Upon the request of the Police Chief or his designee, the bargaining unit member shall supply appropriate certification from a physician as to the nature and duration of the illness. C. Bargaining unit members will not be allowed to carry over from one fiscal year to the next more than two (2) years' worth of accrued annual leave. If during the year the bargaining unit member accrues more than two (2) years' worth of annual leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the two (2) year maximum. If the bargaining unit member does not bring the time balance down to the two (2) year maximum by the last full payroll period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. Annual leave will continue to accrue beyond the limitations set forth above when a Department Head fails to grant annual leave when requested in writing by an employee under the provisions of this article. Proper documentation signed by the bargaining unit member's department head will be forwarded to the Administrative Services Department where it will be kept on file indicating the reasons for not granting the requested leave. 33.5: Vacation Cash -in: (a) Bargaining Unit Members will have the option of cashing in up to forty vacation hours per year if the following requirements are met: 1. The bargaining unit member has a minimum balance of forty (40) hours after the cash -in. 2. The bargaining unit member took at least forty (40) consecutive annual leave hours off during the fiscal year. Holiday hours do not count towards the forty (40) hours. (b) Request for cash -in must be submitted to the Administrative Services Department by the last full payroll period of each fiscal year. Payment will be made the first paycheck issued in December. 33.6: Separation from Employment Upon retirement, resignation, or other separation from the service of the City a regular full -time bargaining unit member shall be entitled to be paid for the accrued balance of annual leave at the rate of pay received by the bargaining unit member on the date of separation. 33.7: Annual Leave Buy -Back Prohibition: Bargaining unit members hired on or after October 1, 2011 shall not be eligible for the provisions of Articles 33.5 and 33.6. Note — City placed new language for vacation buy -back for retirement calculation purpose in Article 48 - Retirement 43 136 of 168 I-P7 I, I lk� ARTICLE 34 SICK LEAVE 34.1: Eligibility — Only regular full -time employees are eligible for sick leave with pay. 34.2: Accrual of Sick Leave 051311 A. Regular full -time employees accrue leave at the rate of ninety-six (96) hours per calendar year. Sick leave will accrue bi- weekly over twenty-six (26) periods. To clarify the rate at which an employee accrues sick leave the following table will be used. Table fl: Full Time Bargaining Unit Members Length of Service Bi- weekly Annual Leave Accrual Rate Hours Earned All years of service 3.692 hours 96 hours (12 working days) B. Sick leave does not accrue while an employee is on leave of absence, leave without pay, or sick leave, unless the sick leave is the result of injury in the line of duty. 34.3: Request for Sick Leave A. A bargaining unit member who is incapacitated and unable to work shall notify his/her supervisor prior to the bargaining unit member's scheduled reporting time. The bargaining unit member shall state the nature of the incapacitation, its expected duration, and expected period of absence. The bargaining unit member shall repeat this procedure on each day he /she is unable to report to work, unless excused by the Police Chief or designee, or if the bargaining unit member has a doctor's note excusing the bargaining unit member for an extended period of time. The City reserves the right to request the bargaining unit member go to another physician, at the City's expense, to verify the length of time needed to be out. B. A bargaining unit member who is out of work for three (3) or more consecutive days shall, upon returning to work, submit to his /her supervisor appropriate written documentation for the sick leave, along with a doctor's note of the illness. 34.4: Use of Sick Leave A. Sick leave may be used for the following reasons: 1. Employee ill health; 2. Maternity; 3. Medical, dental, or optical treatment required during working hours; 4. Quarantine due to exposure to infectious disease; 5. Employee ill health while on annual leave; 6. In connection with Worker's Compensation; 7. For death in employee's immediate family to extend bereavement leave; 8. Illness of an immediate family member requiring the employee to remain at home with ill family member. 44 137 of 168 � �I3 B. Whenever it appears that a bargaining unit member abuses sick leave such as g g , consistently using sick leave immediately upon its being accrued or before or after holidays or scheduled days off, the bargaining unit member shall be required to furnish proof of the necessity for the claimed absence due to illness. The City reserves the right to require a physician's certification in all cases of reported illness. Abuse of sick leave shall constitute grounds for disciplinary action, up to and including termination. C. Sick leave may not be used for absences due to illness or injury sustained while engaged in outside employment. D. Every bargaining unit member entitled to sick leave benefits and who does not take any sick leave during such yearly period, shall be given one day's pay, which payment made in the first pay period in December, and, in addition, shall be given his/her birthday off with pay, subject to the work schedule and at the Police Chief's approval. If work requirements do not reasonably permit the bargaining unit member to take off from work on his/her birthday or if the birthday falls on a holiday or day off, some other mutually agreeable day near the bargaining unit member's birthday may be taken off with pay. The day's pay shall consist of the number of hours of Shift assignment that the individual is currently working and shall not be counted towards overtime pay. 34.5: Separation from Employment: Upon separation from employment in good standing (resignation or retirement with a two -week notice or medical separation), a bargaining unit member is eligible to be paid for his /her accrued balance of sick leave up to a maximum of 600 hours The percentage is as follows: If separated before completing first year 0% 1 to 5 years of completed service 25% 6 to 10 years of completed service 50% 11 to 20 years of completed service 75% Over 20 years of completed service 100% 34.6: Sick Leave Buy -Back Prohibition: Bargaining unit members hired on or after October 1, 2011 shall not be eligible for the provisions of Article 34.5. Note — City placed new language for sick leave buy -back for retirement calculation purpose in Article 48 - Retirement M, 138 of 168 0 1' 1h, ( TI` AR CLE 35 PERSONAL LEAVE 35.1: Eligibility — Each regular full -time bargaining unit member shall be entitled to twenty -four (24) working hours of personal leave per year. A Bargaining unit members must accumulate at least forty (40) working hours during the fiscal year to be entitled to Personal Leave. Working hours are determined by time actually present, on City time, including all paid meal and break periods. ,, 139 of 168 ARTICLE 36 �1i3 LEAVE OF ABSENCE 36.1: An employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, or other good and sufficient reasons, which are considered to be in the best interests of the City. 36.2: Such leave shall require the prior approval of the Police Chief and the City Manager. 36.3: Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. 36.4: The leave of absence may be withdrawn by the City Manager, and the employee recalled to service if the need for the leave no longer exists. 36.5: An employee granted a leave of absence must submit a written statement monthly to the Police Chief advising his/her status. A copy of this written status report will be forwarded to the City Manager. 36.6: Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resignation of that employee. 36.7: Holidays, sick leave, annual leave, and any other benefits based on time spent in the employ of the City shall not accrue during a leave of absence, provided however, that the employee may maintain his health insurance program by paying the total cost of his group insurance program plus the administrative fee allowed by law. Longevity increases, merit increases, and any other increases for which the employee may become eligible based, in whole or in part, on length of service with the City shall not be credited during any period of leave of absence in excess of thirty (30) days in any one calendar year. 36.8: An employee may return from a leave of absence at the next available opening in his/her classification. An employee returning from leave of absence shall be paid at the same step of his salary grade as at the time of commencement of the leave of absence. 47 140 of 168 �9g13 '�1� i7'Y ARTICLE 37 I GRIEVANCE PROCEDURE 37.1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there will be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement, and grievances involving discharge, suspension, demotion, or any other adverse personnel action against a member covered by this Agreement. 37.2: Every effort shall be made by the parties to settle every grievance as expeditiously as possible. Any grievance not answered by Management within the prescribed time limits shall automatically advance to the next highest step. Should the grieving party fail to observe the time limits as set forth in the steps of this Article, his/her grievance shall be considered conclusively abandoned. 373: Where a grievance is general in nature, in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the P.B.A. and the City, such grievance shall be presented by the P.B.A.'s representative, in writing, directly to the Police Chief, Step 3, within ten (10) working days of the occurrence of the event(s). If the grievance has not been settled to the satisfaction of the bargaining unit members, then the grievance may be appealed to the City Manager, Step 5. 37.4: Grievances shall be presented in the following manner: Step 1. The bargaining unit member shall present and attempt to resolve any grievance with the immediate supervisor within ten (10) working days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the bargaining unit member became aware of the cause of the complaint. If the event(s) which give rise to grievance occurred at the time when the bargaining unit member was on annual leave, sick leave, or other compensated leave, the ten (10) working day period shall commence running immediately upon return to duty. The first step shall be on an informal and oral basis; however, the bargaining unit member may have PBA representation present during the discussion. Within ten (10) working days after the discussion, the immediate supervisor shall reply to the affected bargaining unit member, in writing, of the decision. Step 2. If the grievance has not been resolved to the satisfaction of the bargaining unit member at Step 1, the grievance may be reduced to writing signed by the bargaining unit member and presented to the next level of supervisor, the Division Commander, no later than ten (10) working days after the immediate supervisor's response was rendered in Step 1. The grievance as specified in writing shall be discussed by and between the bargaining unit member and P.B.A. representative and the Division Commander within ten (10) working days after the request for the Step 2 grievance hearing. The Division Commander shall reply to the affected bargaining unit member(s) and the P.B.A, in writing, of the decision within ten (10) working days after the close of the meeting. Step 3. If the grievance has not been resolved to the satisfaction of the bargaining unit member at Step 2, the grievance may be appealed to the Police Chief no later than ten (10) working days after the response was rendered in Step 2. The grievance as specified in writing shall be discussed by and between the bargaining unit member and P.B.A. representative and the Police Chief within ten (10) working days after the 48 141 of 168 37.5: request to move the grievance to Step 3. The Police Chief shall reply to the affected bargaining unit member(s) and the P.B.A, in writing, of the decision within ten (10) working days after the close of the meeting. Step 4. If the grievance has not been settled to the satisfaction of the bargaining unit member(s) at Step 3, the decision may be appealed by presenting the written grievance to the Administrative Services Director no later than ten (10) working days after receipt of the decision of the Police Chief or designee at Step 3. The Administrative Services Director shall conduct a meeting with the affected bargaining unit member(s) and a P.B.A. representative within ten (10) working days after receipt of the appeal and shall reply to the affected bargaining unit member(s) and the P.B.A, in writing, of the decision within ten (10) working days after the close of the meeting. Step 5. If the grievance has not been resolved to the satisfaction of the bargaining unit member(s) at Step 4, the Administrative Services Director's decision may be appealed to the City Manager not later than ten (10) working days after receipt of the Step 4 decision. The City Manager shall meet with the affected bargaining unit member(s) and a P.B.A. representative within ten (10) working days after receipt of the grievance and shall reply, in writing, within ten (10) working days after the close of the meeting. A. For the limited purpose of this Article, a working day shall be from 8:00 a.m. to 4:30 p.m., Monday through Friday, exclusive of holidays observed by the City. B. The time limits set forth in the grievance procedure above shall be strictly adhered to by both parties to this agreement but may be lengthened or shortened by mutual agreement in writing. C. Representatives of the City and P.B.A. shall acknowledge receipt of grievances by signing and dating the form when presented or received. D. Any grievance not advanced by the bargaining unit member(s) to the next higher step within the time limits provided shall be considered settled on the basis of the answer most recently given. If the City does not answer a grievance within the time limits provided, the bargaining unit member(s) may elect to treat the grievance as denied at that step and immediately advance the grievance to the next step. E. No action or matter shall be considered the subject of a grievance unless a written complaint is made within ten (10) working days of its occurrence or within ten (10) working days from the time the aggrieved employee(s) became aware or by use of reasonable diligence should have become aware of the cause for complaint. The City shall not be subject to any liability for any period more than ten (10) working days prior to the date the grievance was filed in writing. F. In the event the grievance involves a group of bargaining unit member(s) who do not have the same immediate supervisors, the grievance shall first be presented to the Police Chief as indicated in Step 3 of this procedure. The subsequent steps of the grievance procedure as outlined in this Article shall then apply. G. In accordance with State law, the P.B.A. shall not be obligated to process a grievance of a non - member. 49 142 of 168 �3 H. The P.B.A. shall have the right to file grievances in the third step of the grievance procedure in any non - disciplinary matter involving the interpretation or application of this Agreement, provided however, that this right shall be strictly limited to those matters where the P.B.A. can factually demonstrate: a. That the matter is covered by a provision of the Agreement; and b. That the matter involves the interpretation or application of that provision; and c. The grievance does not seek to add to or subtract from any provision of this Agreement. I. In the event that a non - member files a grievance. the P.B.A. is entitled to send a representative to each step to ensure that the integrity of the Agreement is upheld. 50 143 of 168 ARTICLE 38 � ARBITRATION 38.1: If no satisfactory agreement of a grievance has been reached under the procedure in Article 37, and the grievance or dispute relates to the determination of rights and obligations conferred or created by this Agreement, and a written request for arbitration is made by the Union within fifteen (15) working days after the final answer in Step 5 of the grievance procedure, such dispute shall be submitted for final and binding arbitration in accordance with the following procedure. 38.2: The City and the P.B.A. shall, within one (1) week of the election by either party to arbitrate, meet to mutually agree upon an arbitrator. In the event an impartial arbitrator cannot be mutually agreed upon, the parties may select an arbitrator from a Federal Mediation and Conciliation Service (FMCS) panel or panels of not less than seven (7) names. In the event that either party, before striking of names occurs, feels that the panel is unsatisfactory, that party shall have the right to request one (1) additional panel. Within ten (10) working days of receipt of the panel, the arbitrator shall thereafter be selected from the panel of arbitrators by alternate striking of names until one (1) name remains. The party who strikes first shall be determined by the toss of a coin by the City. The City will promptly notify the arbitrator of the appointment. 38.3: The arbitration shall be conducted under the rules set forth in this Agreement and shall proceed as follows: 38.4: Upon notification of appointment, the arbitrator shall communicate with the parties as soon as practicable to arrange for the date and place of hearing; or, if questions of material fact are not at issue, to arrange for the joint submission of stipulations of fact and relevant documentation concerning the grievance. 38.5: If no hearing is to be conducted, each party shall submit to the arbitrator its statement of position regarding the grievance. Prior to the date of hearing or submission of documents, the parties shall, jointly or separately, provide the arbitrator with a written statement of the issue or issues to be resolved in the arbitration proceeding. 38.6: The arbitrator shall have exclusive jurisdiction and authority to resolve grievances as defined in this Agreement. The arbitrator shall have the authority to issue subpoenas enforceable in any court of competent jurisdiction and shall administer oaths to all witnesses testifying in any proceeding. 38.7: The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. 38.8: The arbitrator shall have no power to consider or rule upon any matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in this Agreement or which not covered by this Agreement. 38.9: Except as provided in Section 3.2, the decision of the arbitrator shall be based solely upon the evidence and arguments presented by the respective parties in the presence of each other. 38.10: Upon timely notice prior to the scheduling of hearings and when mutually agreed, the consolidation of one (1) or more grievances based upon similar circumstances for hearing and resolution before the same arbitrator shall be permitted. 51 144 of 168 38.11: The arbitrator shall render a decision not later than thirty (30) calendar days after the conclusion of the final hearing. The findings of the arbitrator made in accordance with the jurisdictional authority under this Agreement shall be final and binding on the parties. The arbitrator's decision shall be in writing and shall set forth the arbitrator's findings and conclusions on the issues submitted unless agreed in writing by the parties. 38.12: The party claiming misinterpretation or misapplication of this Agreement shall have the burden of proving its contention by a preponderance of competent evidence. 38.13: This Agreement constitutes a contract between the parties that shall be interpreted and applied by the parties and the arbitrator in the same manner as any other contract under the laws of the State of Florida. The function and purpose of the arbitrator is to determine disputed interpretations of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator, therefore, shall not have the authority to change the intent of the parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision, which, in practical or actual effect, modifies, revises, detracts from, or adds to any of the terms or provisions of this Agreement. 38.14: The costs for the services of the arbitrator shall be borne by the losing party. The parties shall bear the costs of their own representatives and witnesses. One (l) P.B.A. representative who is on duty shall be entitled to attend arbitration hearings at straight time rates. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of the transcript unless otherwise agreed to, in writing, by the parties. 52 145 of 168 ARTICLE 39 PERFORMANCE RATING REVIEW The City and the P.B.A. agree that the Police Department's General Orders governing Performance Rating Review will be followed for the life of this agreement. 53 146 of 168 I. 3 ARTICLE 40 GROUP HEALTH INSURANCE 40.1: During the term of this Agreement (October 1, 2013 — September 30, 2016), all full -time bargaining unit members who participate in the group insurance coverage, agree to pay fifty d twenty -five ($25.00) per month towards the premium for group insurance coverage. The City agrees to pay the remainder of the premium to provide individual group insurance coverage to all regular full -time bargaining unit members. 40.2: In the event that the premium rate for dependent group coverage increases, the Employer agrees to notify the P.B.A. as soon as is practicable. The P.B.A. agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another carrier or require each covered bargaining unit member to contribute his /her pro -rata share of the increased premium cost for dependent coverage, whichever may be applicable. In the event that the carrier increases the premium rate for dependent group insurance coverage, the parties agree to abide by Sections 40.3 and 40.4 of this article. 40.3: Any bargaining unit member who elects to participate in the group insurance dependent coverage option plan will pay fifty (50 %) percent of the cost of the premium. The member shall pay any additional supplemental insurance that is optional coverage to the bargaining unit member. 40.4: Any bargaining unit member, hired on or after October 1, 2011, who elects to participate in the group insurance dependent coverage option plan will pay seventy -five (75 %) (75%) (50-07 ; percent of the cost of the premium. The member shall pay any additional supplemental insurance that is optional coverage to the bargaining unit member. 40.5 The City agrees to pay fifty (50 %) of the costs of single coverage group (health only) insurance for up to two (2) years for qualified bargaining unit members who retire from the City after being employed by the City for twenty (20) years in a full -time capacity. 54 147 of 168 ARTICLE 41 �L ik CLOTHING MAINTENANCE, EQUIPMENT AND VEHICLES 41.1: The present practice of the City's Police Department in regard to furnishing uniforms shall be continued. The City will provide the following equipment at no cost to the bargaining unit member: one (1) hand -held radio to all sworn Officers; four (4) pairs of trousers (additional as needed); four (4) short- sleeved shirts (additional as needed); one (1) long - sleeved dress shirt; one (1) tie; one (1) winter /summer jacket; 2 1 pairs of shoes or boots per year as needed; one (1) sidearm and ammunition; 2 collar insignias, as needed; one (1) large badge; e ; one (1) rechargeable flashlight; one (1) hat; one (1) ballistic vest; and, one (1) duty belt and accessories. 41.2: Any bargaining unit member who shall receive breakage, loss or damage to any of above listed equipment, in the line of duty, shall have such equipment replaced at no charge to the bargaining unit member. 41.3: Personal equipment which is lost, broken or damaged, in the line of duty, shall be replaced according to the following schedule; wrist watch, not to exceed replacement cost or $60, whichever is less; handcuffs at replacement cost; eyeglasses up to $200; and miscellaneous items not to exceed $100 in the aggregate. As to all items listed above, each bargaining unit member shall submit a detailed list of such items, including miscellaneous items, for filing with the Police Chief. Items not listed shall not be replaced at the cost of the City. When any such item is changed, it is the responsibility of the bargaining unit member to amend his /her list on file with the Police Chief. 41.4: Each bargaining unit member will receive $45.00 per month for uniform cleaning 41.5: The City agrees to provide take home vehicles to all bargaining unit members who have completed their field training program and are operating as solo officers. This vehicle take home program will be extended to all bargaining unit members who reside within a 20 -mile radius of the Sebastian Police Department. The Police Chief may waive the 20 -mile restriction. Police Vehicles assigned to a police officer becomes that officer's responsibility. It will be that officer's responsibility to maintain that vehicle in a clean and orderly condition and to ensure that all scheduled or needed maintenance is performed. Each police vehicle shall be checked by the assigned police officer in accordance with departmental policy prior to each shift and the check -off log filed with the Shift Commander. Bargaining Unit members will be denied the use of a city take home vehicle in those instances wherein a member has been found to have violated a Department policy or due to a shortage of operable vehicles where no pool cars are available. If the bargaining unit member fails to properly maintain his or her vehicle, then the Police Chief can suspend the vehicle take home privilege of that member. If a vehicle driver finds any fault in the vehicle that might constitute a safety hazard, the driver shall immediately advise his/her Shift Commander. If the Shift Commander agrees, the vehicle will not be returned to duty until the safety hazard(s) are eliminated. 41.6: Patrol vehicles will contain equipment in accordance with Departmental Policy. 41.7: Ballistic vests will be worn in accordance with departmental policy. Ballistic vests shall be tailored to each individual officer. An officer may be excused from wearing a ballistic vest for medical reasons as determined by a physician selected by the City. 55 148 of 168 ARTICLE 42 TUITION PAYMENT PLAN TUITION PAYMENT PLAN: Payment of tuition by the City of Sebastian for approved educational or training programs will be in conformance with the following: 42.1: Eligibility for Participation in Tuition Payment Plan — All regular full -time bargaining unit members are eligible for participation in the City's Tuition Payment Plan up to the limit of the funds available for education. This program is available only to bargaining unit members who have successfully completed their one -year probationary period. 42.2: Tuition Payment Plan — The City of Sebastian will, upon approval of the Police Chief, the City Manager, and the City Administrative Services Director, pay tuition of regular full -time bargaining unit members for any eligible training or educational program /course. An eligible training or educational program/course is one that, in the judgment of the Administrative Services Director, the City Manager, and the Police Chief, is directly related to the employee's current position or to a related higher position, and which will improve performance in a current position or which constitutes preparation for promotion to related higher responsibilities. Post graduate (ex. Master's, Doctorate, etc.) programs are not included within the tuition payment plan. 42.3: Application Procedure — A bargaining unit member desiring to participate in the City's Tuition Payment Plan shall submit an application fifteen (15) working days in advance to the Police Chief requesting approval for Plan participation. If the Police Chief recommends the education program, his recommendation will be forwarded to the Administrative Services Director and the City Manager for final approval. 42.4: Course Completion — If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass /fail basis — he /she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to the Police Chief. Reimbursement for tuition shall be made in accordance with City policy for reimbursements. The employee's personnel record will be documented with his/her education achievement. Textbooks shall become City property at the completion of the course and turned over to the Police Chief or his designee. 42.5: Transportation — Transportation under the Tuition Payment Plan shall be at the bargaining unit member's expense. 42.6: Maximum Reimbursement — The reimbursement shall be available for a maximum total of twenty-for (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal year period for eligible regular bargaining unit members pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for participating in the City's Tuition Payment Plan for college -level courses is that established annually by the State Legislature for state supported schools. Should an employee select to attend a non -State school, he /she is responsible for the difference in tuition. 56 149 of 168 42.7: Service Requirement — Bargaining unit members, who are reimbursed for such courses, agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course(s). Should an employee leave the City service within two years after completion of the course(s), he /she is required to return any payments to the City or it will be deducted from his /her final paycheck. 42.8: City Mandated Education Courses — If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging in accordance with the City's Travel Policy. 57 150 of 168 ARTICLE ( j �3 °131 HEALTH & SAFE'TY 43.1: CONTAGIOUS DISEASES The City shall provide each employee with vaccination series for Hepatitis at no expense to the employee. 58 151 of 168 ARTICLE 44 TRAINING 44.1: The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. 44.2: Where the City requires any employee to attend supervisory training and/or training in specialized techniques, the City will make every reasonable effort to facilitate the employee attending such training during his /her normal working hours. In the event the City is unable to schedule the employee to attend such training during his /her normal working hours, the employee shall be required to attend such training during his /her off -duty hours; provided, however, that the time spent by the employee in such training during his/her off -duty hours shall be compensated in accordance with Article 27 of this Agreement. 44.3: All sworn officers will be required to train and qualify with their service weapon on a semi- annual basis. A certified arms instructor shall conduct the training. The City shall furnish all ammunition and safety equipment. Any employee required to attend such training during his/her off -duty hours will be compensated in accordance with Article 27 of this Agreement. 44.4: The City may provide the employees with a library of current publications pertaining to Florida Law Enforcement. 59 152 of 168 kPI ARTICLE 45 OFF -DUTY EMPLOYMENT 45.1: Outside Employment shall be controlled by the City's Standard Operating Procedures and departmental general orders. No City uniform shall be worn or any City equipment used. A. Per the City of Sebastian's Standard Operating Procedure 3.06(B), any employee desiring to pursue outside employment shall submit designated form to the Police Chief for approval. The Police Chief shall review and respond within a reasonable time period. .1 153 of 168 f ARTICLE 46 SUBSTANCE ABUSE TESTING 46.1: The City and the P.B.A. agree to abide by a Drug Free Workplace as provided for in Florida Statute. 46.2: An employee subject to drug testing for reasonable suspicion shall be placed on administrative leave with pay pending the laboratory results of the test. 46.3: On a quarterly basis, bargaining unit members agree to participate in a random drub; screening 61 154 of 168 ARTICLE 471 SAVINGS CLAUSE 47.1: If any article or section of this Agreement should be determined to be in conflict with any existing or subsequently enacted State or Federal legislation or judicial decision, all other articles and sections of this Agreement shall remain in full force and effect with it being presumed that the intent of the parties herein was to enter into the Agreement without such invalid portion(s). 47.2: In the event of such determination, the City agrees to notify the P.B.A. of its intent to implement such change within fifteen (15) days of such notice. The P.B.A. shall have the right to appeal such determination within thirty (30) days of such notice to the appropriate court. During the time of such appeal, the City will effect no change in the Agreement until such appeal has been resolved by the appropriate court within the State or Federal Judicial System. 47.3: In the event of invalidation of any article or section, the parties agree to meet within thirty (30) days of such determination for the purpose of negotiating a replacement for such article or section. 62 155 of 168 ARTICLE 48 RETIREMENT 48.1 All current benefits under the Sebastian Police Pension Plan shall remain the same for bargaining unit members hired by the City prior to October 1, 2011. The City shall contribute to the Plan as required by law to ensure that the Plan is funded on a sound actuarial basis. 48.2 On October 1, 2012, bargaining unit members, who were employed by the City prior to October 1, 2011, shall increase their contribution to the Sebastian Police Pension Plan to eight percent (8 %) of their earnings (see Article 49.2). 48.3 All bargaining unit members hired on or after October 1, 2011 shall receive the current benefits under the Sebastian Police Pension Plan, except the retirement factor shall be two percent (2 %). The City shall contribute to the Plan as required by law to ensure that the Plan is funded on a sound actuarial basis. 48.4 Bargaining unit members hired on or after October 1, 2011, shall contribute five percent (5 %) of their eligible earnings to the Sebastian Police Pension Plan. 48.5 Any payment made to bargaining unit members, pursuant to Articles 33.2, 33.6 and 34.5, for accrued annual and/or sick leave shall not be used in calculating pension benefits, unless those hours were accrued prior to October 1, 2011. If a bargaining member accrued annual and/or sick leave prior to October 1, 2011, those hours shall be calculated into the pension benefit formula, at the time of separation, in accordance with the following provisions: A. As part of the pension calculation formula, the bargaining member's rate of pay in effect on October 1, 2011 shall be the hourly wage factor. B. As part of the pension calculation formula, provisions from Articles 33 and 34, which govern maximum annual and/or sick leave accruals, shall be in effect for potential benefit accruals. C. Annual and/or sick leave accruals eligible for the pension calculation shall be capped at an amount equal to eligible accruals as realized by the bargaining member on July October 1, 2011 or September 6, 2013, which ever is less. Should annual and/or sick leave accruals decrease below the capped amount, accruals used for the pension calculation shall not increase and the lower accrual amount will be used in the pension calculation formula. D. Exhibit "A" represents the eligible and capped annual and /or sick leave accruals that may be used in the pension calculation formula. The chart shall be updated on an annual basis or upon retirement to ensure an accurate pension benefit calculation. Only members listed in Exhibit "A" shall be eligible to apply accruals in the pension benefit form_u_la. 63 156 of 168 -fa 49.1 4 -�' P%" - I\A'y ARTICLE 49 DURATION OF AGREEMENT, DATES This Agreement shall become effective upon the date of ratification by the parties, and shall remain in full force and effect until 12:00 midnight on September 30, 244-3 -2016. 49.2 if total tayiable assessed valtie of the Git�, of Sebastian, as pfajeeted by the Indian River- County �. h ll end fflid..ight September- 30 2017 �a�uii a,�,u ,iicui+: �rrc , -49�T7 All terms and conditions last in effect at the expiration of this agreement shall be automatically renewed from year to year thereafter unless either party has given written notice to the other on or before July 15"' of any year in which the Agreement may expire. IN WITNESS WHEREOF, the parties hereto have set their hands, this day of , 2414 2013. COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION LIZA Vincent L. Champion, President jaseii -Mi4ls Steve Marcinik CFPBA Rep Da , Mark Hepfer CFPBA Rep Approved as to form and content: Robert Ginsburg, City Attorney CITY OF SEBASTIAN, FLORIDA Al Minner, City Manager By: W= — �ec��te1�� z orris, Police Chief LO-B Debra Krueger, Administrative Services Director Attest: M. Sally Maio, MMC City Clerk 157 of 168 Exhibit "A" - Article 48 - Retirement Accruals Worksheet as of 10!1!2011 Eligibility: service or age 52 and the completion of 25 years of credited service. -- - - Normal Retirement -Age 55 and the completion of 10 years of credited Early Retirement - Age 50 and the com letion of 10 years of credited service - -- *Eligible Updated - Capped ..Eligible Updated -Capped Years of Hourly Vacation Vacation Vacation Vacation Sick Sick Sick Sick Sick _ Total Accrual Hire Service Salary Accrual Accural Accrual Accrual Accrual % of Accrual Accrual %of Acoural Accrual Allowed for _ First Name Last Name Date as of 10/1/11 10/1/2011 10/8/2011 10/8/2011 9/6/2013 9/6/2013 10/8/2011 Sick 10/8/2011 9/6/2013 Sick 1 9/6/2013 9/612013 Retirement Calculation 1 Daniel Acosta _ 06/07/99 12 8 5 5 6 27.539 308.41 '___3_08_._4_1F 302.61 302.61 501.59 75% 376.20 632.70 75% 474.53 376.20 $ 18,693.46 2 3 4 5 Eric Michael Ronald Eu ene Antosia Brandes Carlson Carroll, III 06/23/03 02/06/06 05/08/06 09106/05 21.965 _ 20.101 20.704 21.325 _ 204.65 73.49 9.91 214.46 204.65 73.49 9.91 __ 214.46 189.01 298.17 60.09 226.75 189.01 73.49 9.91 214.46 560.98 424,26 322.11 513.79 50% 25% 25%1 25% 280.49 106.06 80.53 128.45 445.09 83.61 472.72 676.73 50% 25% _ 25% 25% 222.55 20.90 118.18 169.18 280.49 20.90 80.53 128.45 $ 10,312.57 $ 1,897.34 1 $ 1,872.41 $ 7,312.50 6 7 Roy Shawn Cole Dale 03/27106 03/07/11 5 0 20.101 19.516 123.74 47.74 123.74 47.74 237.43 53.91 123.74 47.74 452.07 57.29 25% 0% 113.02 615.18 25% 0% 153.80 113.02 27.65 _ $ 4,759.15 $ 931.67 $ 287.11 $ 919.12 8 9 Ashley Todd Delano Finnegan 02/07/11 06 /01/10 0 1 17.859 19.516 1 16.08 56.53 _ 16.08 56.53 59.01 19.45 16.08 19.45 12.87 110.59 0% 25% - 27.65 179.69 0% 25% 44.92 10 11 12 13 14 Melissa Paul John William Mark Garrison Graves Grimmich 'Grimmich He fer 03!2004 11/12196 1 09/22/03 04/13/89 01/23/06 7 14 8 22 5 21.325 1 27.539 1 24.002 1 41.958 1 20.101 154.03 181.23 243.62 405.82 148.98 154.03 181.23 240.00 400.00 148.98 143.97 89.92 240.00 361.17 187.33 143.97 89.92 240.00 361.17 148.98 117.35 855.61 544.46 1,059.12 203.41 50% 75% 50% 100% 25% 234.70 641.71 272.23 600.00 50.85 200.95 778.71 714.85 1,053.47 267.80 50% 75% 50°% 100% 25% 100.48 584.03 357.43 1,063.47 66.95 100.48 584.03 272.23 600.00 50.85 $ 5,212.85 $ 18,559.73 $ 12,294.47 $ 40,329.09 $ 4,016.92 15 16 17 Kenneth William Robert Johnson Jursik Kyzer 1 04124100 04/24195 1 08130/99 11 16 12 1 25.958 1 30.677 1 25.958 162.91 289.96 306.72 162.91 289.96 306.72 182.36 266.91 340.40 162.91 266.91 306.72 129.10 627.01 307.79 75% 75% 75°% 96.83 470.26 230.84 104.46 759.11 328.64 75% 75% 75% 178.35 569.33 246.48 78.35 470.26 1 230.84 $ 6,262.47 $ 22,613.74 $ 13,953.97 18 Steven Marcinik 10/09/95 15 31.597 319.20 319.20 367.65 319.20 555.56 75% 416.67 654.66 261.07 331.39 741.99 75% 25% 25% 50% 491.00 416.67 $ 23,251.03 19 Kenneth McDonough 01/23106 5 21.325 171.94 106.15 214.26 171.94 263.88 171.94 178.72 25% 25% 50% 44.68 58.16 341.32 65.27 82.85 371.00 44.68 58.16 341.32 $ 4,619.52 $ 2,713.14 $ 13,334.85 20 21 Peter Jason Miller Mills 01/23/06 07/08/02 5 9 20.704 24.002 106.15 214126 72.88 240.27 72.88 214.26 232.65 682.64 22 Michelle Morris 05/07/87 24 _ 47.290 407.70 400.00 389.70 389.70 713.40 100% 600.00 878.50 100% 878.50 600.00 14.98 600.00 $ 46,802.54 $ 1,88539 $ 23,348.33 23 24 Ashley Ritchie Penn Revis 11/17/08 1 10/13/97 2 13 18.395 26.737 87.54 273.27 87.54 273.27 131.46 310.72 87.54 273.27 266.55 1,220.73 25% 75% 66.64 600.00 59.90 1,34743 25% 75% 14.98 1,010.87 25 Constantinf Savvidis 12/15/97 13 11 7A 31.872 307.40 307.40 329.85 307.40 622.61 75°% 466.96 712.47 75% 534.35 466.96 $ 24,680.72 26 27 Richard Robert Snell Vafiades 01/16/00 1 06/28/04 25.958 1 21.965 232.19 177.49 232.19 177.49 247.02 186.67 232.19 177.49 510.69 638.24 75% 50% 383.02 319.12 658.92 638.34 75% 50°% 494.19 319.17 383.02 319.12 $ 15,969.34 $ 10,908.04 28 29 Eric Gregory Wheeler it 07/06/01 09/05/85 10 26 1 21.965 46.082 219.11 407.70 219.11 400.00 287.05 432.70 219.11 400.00 113.84 1,701.04 50% 100% 56.92 600.00 166.19 1,861.51 500/6 100% 83.10 1,861.51 56.92 600.00 $ 6,062.87 $ 46,082.19 30 Timothy Wood 07/06/10 1 17.859 101.33 101.33 97.75 97.75 121.6D 0% _- - 0% - - $ 1,745.76 • " Eligible Vacation Accruals - maximum of two (2) ears of annual leave based upon of service. (Article 33.2A) Eli able Sick Accruals - percentage based u on ears o servico, not to exceed 600 hours.(Article 34:5) be updated as required, - - - - -- '•' Ca ed Accruals - Lesser of the eligible accruals and the current accruals. This Is for illustrative ur oses onl and will Senate Bill 1128 made changes to all Florida's local government defined benefit retirement plans with amendments to the Municipal _ Police Officers' Retirement Trust Fund plans operating under chapters 175 and 185. Governor Scott signed this bill into law on June 23, 2011. The Law - Payments for accrued unused vacation or sick leave accrued with service earned before Jul 1 2011 may still be included in the corn ensation for pension purposes. P:1PBAIPBA Oct 20131Article 48 - Eligible Retirement Calculation Accruals 158 of 168 AGENDA TRANSMITTAL Subject: Agenda No. 1-2-0- - l3 7 Management Benefits Package Department Origin: Citv Manacie r Administrative Srvc: Ap roved or Submittal by: City Attorney: City Clerk: A m r, City Manager Date Submitted: 2 OCT 13 For Agenda Of: 9 OCT 13 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 $0 SUMMARY Generally, standard operating procedure sets personnel benefits for Management Employees (those employees categorized as "Exempt" from the Fair Labor Standards Act) equal to those being offered by the Public Employees Association (PEA) CBA. With the FY 14 theme being, "Restoration of Employee Benefits" and Exempt employee benefits mirroring those in the PEA CBA, I am requesting that Council approve the amended Management Benefits Package. The memo is attached in legislative form which represents the following changes: ➢ Salary Paragraph A - No COLA increase in FY 14 ➢ Salary Paragraph B - 3% COLA in FY 15 (Pursuant to the PEA Contract) ➢ Salary Paragraph E - Strikes Furlough Days, Restoring Full -Time Schedule ➢ Longevity Pay Paragraphs A -D - Provides Longevity Pay for All Exempt Employees ➢ Longevity Pay Paragraph E - Restores Longevity Pay for All Supervisors in FY 14 ➢ Longevity Pay Paragraph F - Restores Longevity Pay for Department Heads and Chief /Deputy Chief in FY 15 All of these modifications have been allocated in the adopted FY 14 Budget. RECOMMENDATION Authorize City Manager to execute Management Benefit Package. 159 of 168 atror HOME OF PELICAN ISLAND Management Benefits Package: Effective October 1, 2013 SALARY: A. No COLA increases will be provided for Fiscal Years 2014 2011, -2oi3. B. A COLA increase of 3% will be provided for Fiscal Year 2015. C. No merit increases for Fiscal Years 2014 2 and 2015 3. D. New employees may be eligible for a one step increase after successful completion of the 6- month probationary period. E. Fer- Fiseal Yeffs 2012 and 2019, all full time employees afe required to take ninety six (96) heur-s of twelve (12) unpaid f6r-jeugh leave da�'S7 LONGEVITY PAY: Longevity Pay shall e* be awarded te these empleyees whe hold ft pay grade ef 70 or- less. Pa�qfleflt S be made according to the following schedule and within the exceptions provided in paragraph E and F below: A. All exempt employees , after having completed ten (10) years of continuous service with the City, will receive an increase in their base pay of five (5 %) percent. The five percent increase will be added to their base pay effective the date of their ten -year anniversary date. B. All exempt employees , after having completed fifteen (15) years of continuous service with the City, will receive an increase in their base pay of five (5 %) percent. The five percent increase will be added to their base pay effective the date of their fifteen -year anniversary date. C. All eExempt employees , after having completed twenty (20) years of continuous service with the City, will receive an increase in their base pay of five (5 %) percent. The five percent increase will be added to their base pay effective the date of their twenty -year anniversary date. D. All e€3xempt employees , after having completed twenty -five (25) years of continuous service with the City, will receive an increase in their base pay of seven and one -half (7.5 %) percent. The seven and one -half percent increase will be added to their base pay effective the date of their twenty -five -year anniversary date. E. Exempt employees at or below pay grade 77 shall be eligible for LongevitLPay effective October 1, 2013. Exempt employees over pay grade 770 are not eligible for Longevity Pay until October 1, 2014. F. There shall be no retroactive payment of Longevity Pay for exempt employees over pay grade 77. 160 of 168 GROUP HEALTH INSURANCE: A. All full -time exempt employees who participate in the group health insurance agree to pay twenty - five dollars per month towards the premium for group insurance coverage. The City agrees to pay the remainder of the premium to provide individual group health insurance coverage. B. The City agrees to pay the premiums for any full time exempt employee who participates in the group dental and vision coverage. C. Exempt employees who elect to participate in the group dependent health coverage option plan will pay fifty (50 %) percent of the cost of the premium for health, dental and vision. D. The City shall provide $10,000 term life insurance and $10,000 AD &D. Employees are eligible to purchase additional coverage per the Carrier's policy. E. The City agrees to pay fifty (50 %) of the costs of single coverage group (health only) insurance for up to two (2) years for qualified exempt management employees who retire from the City after being employed by the City for twenty (20) years in a full -time capacity. RETIREMENT PLAN: A. ICMA 401(A) Plan —City contribution 9% bi- weekly. B. ICMA 457 deferred compensation plan. Employer does not contribute to this account but the employee is eligible to contribute per IRS guidelines HOLIDAYS: The following shall be paid holidays for exempt management employees: NEW YEAR'S DAY MARTIN LUTHER KING DAY PRESIDENTS DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY THANKSGIVING DAY FRIDAY AFTER THANKSGIVING DAY CHRISTMAS EVE CHRISTMAS DAY DISCRETIONARY LEAVE: A. Exempt management employees are not eligible for overtime pay or compensatory time. B. Use of discretionary time in excess of four hours in any one pay period shall not be approved except in extraordinary circumstances as determined by the City Manager. 2 161 of 168 ANNUAL LEAVE: A. Annual leave is earned on a twenty -six (26) pay periods. of service with the agency. following table will be used. pro -rata bi- weekly basis. The bi- weekly pay period is divided over Management employees will accrue annual leave based on their years To clarify the rate at which an employee accrues annual leave the Length of Service: Bi- weekly Leave 0% Accrual Rate Hours Earned I Year but less than 5 Years 3.077 hours 80 hours 5 Years but less than 10 Years 4.615 hours 120 hours 10 Years but less than 15 Years 6.153 hours 160 hours 15 Years but less than 20 Years 6.92 hours 180 hours 20 Years and over 7.69 hours 200 hours B. Maximum annual leave accrual is 400 hours. Management employees will not be allowed to carry over from one fiscal year to the next more than 400 hours of accrued annual leave. If during the year the employee accrues more than 400 hours of annual leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the 400 -hour maximum. If the employee does not bring the time balance down to the 400 -hour maximum by the last full payroll period of each fiscal year, they will forfeit all hours in excess of the 400 -hour maximum carryover. Annual leave will continue to accrue beyond the limitations set forth above when a Department Head or the City Manager fails to grant annual leave when requested in writing by an employee under the provisions of this section. Proper documentation signed by the department head or City Manager will be forwarded to the Finance Department where it will be kept on file indicating the reasons for not granting the requested leave. C. Upon separation from the City, exempt management employees shall receive the entire account balance of accrued annual leave paid at the regular hourly rate in a lump sum check. SICK LEAVE: A. Exempt management employees accrue leave at the rate of ninety-six (96) hours per calendar year. Sick leave will accrue bi- weekly over twenty-six (26) periods. To clarify the rate at which an employee accrues sick leave the following table will be used. Length of Service Bi- weekly Annual Leave Accrual Rate Hours Earned All years of service 3.692 hours 96 hours (12 working days) B. Upon separation from the City, exempt management employees shall receive a distribution of their accrued sick leave balance up to 600 hours in accordance with the following schedule: Years of Service Percentage 0 -1 year 0% 1- 5 years 25% 6 -10 years 50% 11 -20 years 75% Over 20 years 100% 3 162 of 168 C. Once an exempt management employee accrues 360 hours of sick leave they may at their option convert fifty (50 %) percent of any unused accrued sick leave in excess of 360 hours to annual leave on September 30th of each fiscal year. If the employee is at the maximum vacation accrual on September 30 of each fiscal year, the sick conversion process cannot be allowed. BEREAVEMENT LEAVE: A. Time Off Provision — When there is a death in an employee's immediate family, that employee shall be granted a Bereavement Leave of a maximum five (5) working days in order to attend the funeral. B. Immediate family is defined as the employee's spouse, children, father, mother, brother, sister, parents -in -law, grandchildren, or grandparents or any relative who is domiciled in the employee's household. C. The City reserves the right to require documentation supporting Bereavement Leave after an employee returns to work. D. Any absence in excess of five (5) working days in connection with approved Bereavement Leave will be charged to accrued annual or sick leave, at the employee's option. EDUCATION REIMBURSEMENT: TUITION PAYMENT PLAN: Payment of tuition by the City of Sebastian for approved educational or training programs will be in conformance with the following: Eligibility for Participation in Tuition Payment Plan — All management employees are eligible for participation in the City's Tuition Payment Plan up to the limit of the funds available for education. A. Tuition Payment Plan — The City of Sebastian will, upon approval of the City Manager or designee, pay tuition of regular full -time management employees for any eligible training or educational program/course. An eligible training or educational program/course is one that, in the judgment of the City Manager or designee, is directly related to the employee's current position or to a related higher position, and which will improve performance in a current position or which constitutes preparation for promotion to related higher responsibilities. B. Application Procedure — A management employee desiring to participate in the City's Tuition Payment Plan shall submit an application fifteen (15) working days in advance to the City Manager for final approval. C. Course Completion — If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass /fail basis — he /she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to the Director of Human Resources. Reimbursement for tuition shall be made in accordance with City policy for reimbursements. The employee's personnel record will be documented with his /her education achievement. Textbooks shall become City property at the completion of the course and turned over to the City Manager or his designee. D. Transportation — Transportation under the Tuition Payment Plan shall be at the employee's expense. 4 163 of 168 E. Maximum Reimbursement — The reimbursement shall be available for a maximum total of twenty - for (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal year period for eligible employee pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for participating in the City's Tuition Payment Plan for college -level courses is that established annually by the State Legislature for state supported schools (under graduate credit hour fee). Should an employee elect to attend a non -State school, he /she is responsible for the difference in tuition. F. Service Requirement — Employees, who are reimbursed for such courses, agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course(s). Should an employee leave the City service within two years after completion of the course(s), he /she is required to return any payments to the City or it will be deducted from his/her final paycheck. G. City Mandated Education Courses — If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging in accordance with the City's Travel Policy. Outside Employment: A. Employees must notify their immediate supervisor if they wish to maintain secondary employment. The City of Sebastian will be the primary employer in all cases. The City reserves the right to deny outside employment. Al Minner, City Manager iEffective October 1. 2013 Date 5 164 of 168 AGENDA TRANSMITTAL Subject: Agenda No. 0 Q - f 3, 1 Y$ Confirm Resumption of Charter Officer Benefits Department Origin: City Manager Administrative Srvc: Ap rov for Submittal by: City Attorney: City Clerk: I i City Manager Date Submitted: 3 OCT 13 For Agenda Of: 9 OCT 13 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $9,526.44 $0 $9,526.44 SUMMARY With all classifications of employees receiving restoration of benefits, the Charter Officers are seeking confirmation of benefit restoration. These benefits would be (1) elimination of furlough days; (2) resumption of health care benefits; and, (3) employee golfing benefit (City Manager). The only item that has a budget impact is the contractual obligation to cover dependant health care costs for the City Clerk/Manager. These benefits were voluntarily suspended between FY 2009 — FY 2012. The cost to restore the benefit is approximately $9,526 annually ($3,721 /Clerk and $5,805 /Manager). Savings to the City for the suspension of this benefit was over past four years was $39,000. 165 of 168 AGENDA TRANSMITTAL Subject: Agenda No. IV E - 13,12- q- Barber Street Bridge Closure Department Origin: City Manager (Between Concha and Joy Haven) Administrative Srvc: City Attorney: A prove for Submittal by: City Clerk: Date Submitted: 2 OCT 13 I Mi er, City Manager For Agenda Of: 9 OCT 13 Exhibits: Road Closure Plan EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 $0 SUMMARY FY 14 has allocated improvements for the Barber Street Bridge (between Concha and Joy Haven). These improvements aim to install new guard raid. To safely construct the guard rail Frank Watanabe of Neel- Schaffer is recommending that the bridge be closed to traffic for one week. Because Barber Street serves as an arterial collector, Mr. Watanabe will be making a presentation about the proposed traffic detour. We anticipate bridge closure between November 4t' — November 8'h. RECOMMENDATION Staff recommends approval of the bridge closure. 166 of 168 .I I. I , NOTICE TO DRAWING HOLDER DG NGT SCALE E C DRAWINGS. IF ANY CONTA T N ES CCCUR MnrHlx THESE OR DO CLARIFICATIONS THE CONTRACTOR SHALL CONTACT NEEL- SCRAPPER. INC. FOR CLARIFICATIONS PRIOR TO CONS7HUCTION. NEEL- SGNAFFER:, INC HEREINAFTER REFERRED TO AS THE ENGINEER HAS PREPARED AND FURNISHED THIS DRAWING TO THE OWNER FOR USE ON THIS PROJECT ONLY THIS DRA'NING SHOULD NOT D@ UGEh ON EXTENSIONS OF THIS PR4JE4ORONMYOTHFAPROJEGT .ANYREUSEOFTHIS ORANANG. WITHOUT WRITTEN VERIEICATION ZR ADAPTION NY THE ENGINEER. SHALL DE AT THE REUSER'S SOLE RISK AND THE REUSER SHALL INDEMNIFY AND HOLD HARMLESS THE ENGINEER FROM ALL CLAIMS: DAMAGES, LOSSES AND EMPFNSES, - - 48 HOURS BEFORE GIGGING air DDJLPJdEE SFNIE9TAFE�' E orac tA4 RRG SOUTHBOUND REVISIONS DRAWING INFORMATION � [ pp ' � �� �a�� E � t�E E ���� ��� 9 £aU czewnw!Lb 0;4d BARBER BRIDGE DATE er DESGRIPrroN FILENAME: BARBER STREET WILL BE NORTHBOUND 10 -14 -13 SCALE NTE 8 AM - 5 PM : : JOYHAVEN f � DRWN: IHuLL' 9 DATE: 0] / /J/�(J{'$ M k r f . CHKD: FTW DATE' 071f jj • l J s ' i ^ r i - y • S. i L Tom-- _. _..._. ' 77 77 7, V .I I. I , NOTICE TO DRAWING HOLDER DG NGT SCALE E C DRAWINGS. IF ANY CONTA T N ES CCCUR MnrHlx THESE OR DO CLARIFICATIONS THE CONTRACTOR SHALL CONTACT NEEL- SCRAPPER. INC. FOR CLARIFICATIONS PRIOR TO CONS7HUCTION. NEEL- SGNAFFER:, INC HEREINAFTER REFERRED TO AS THE ENGINEER HAS PREPARED AND FURNISHED THIS DRAWING TO THE OWNER FOR USE ON THIS PROJECT ONLY THIS DRA'NING SHOULD NOT D@ UGEh ON EXTENSIONS OF THIS PR4JE4ORONMYOTHFAPROJEGT .ANYREUSEOFTHIS ORANANG. WITHOUT WRITTEN VERIEICATION ZR ADAPTION NY THE ENGINEER. SHALL DE AT THE REUSER'S SOLE RISK AND THE REUSER SHALL INDEMNIFY AND HOLD HARMLESS THE ENGINEER FROM ALL CLAIMS: DAMAGES, LOSSES AND EMPFNSES, - - 48 HOURS BEFORE GIGGING air DDJLPJdEE SFNIE9TAFE�' E orac tA4 RRG SOUTHBOUND REVISIONS DRAWING INFORMATION � [ pp ' � �� �a�� E � t�E E ���� ��� 9 £aU czewnw!Lb 0;4d BARBER BRIDGE DATE er DESGRIPrroN FILENAME: BARBER STREET WILL BE NORTHBOUND 10 -14 -13 SCALE NTE 8 AM - 5 PM USE SURVEYED BY: JOYHAVEN DSGN: }may PATE' as/r$�(Jrs 2925 - -B 20Th Street Vero Beach, Florida yy a Fld 32960 PH: (772) ! ! 0-4707 DRWN: IHuLL' 9 DATE: 0] / /J/�(J{'$ CHKD: FTW DATE' 071f jj INCLUDING ATTORNEY'S FEESARISING OUTOF OR RESULTING THEREFROM. I �- _I I Ib - ...._._ .. . ............. .... .I. QAIQC: FTW DATE 4,7 -4640 jj E# 0400008556 ___' CONSTRUCTION NOTES: 1❑ PLACE CHANGEABLE MESSAGE SIGN (PCMS) - SEE MESSAGES BELOW PLACE TYPE III BARRICADE WITH SIGN 'ROAD CLOSED" �3 PLACE TYPE II BARRICADE WITH DETOUR SIGN AND ARROW LEGEND PROJECT BOUNDARY (CITY OF SEBASTIAN) ROADCLOSURESTREET - DETOUR STREETS GENERALNOTES ALL MAINTENANCE OF TRAFFIC (MOT) SHALL MEET FDOT LATEST DESIGN STANDARDS 2013 - INDEX #600 FOR TRAFFIC CONTROL, ROAD CLOSURE AND PLACEMENT OF BARRICADES, SIGNS AND CONES. THE WEST MELBOURNE POLICE DEPARTMENT WILL PERIODICALLY STOP TRAFFIC FOR 15 TO 20 MINUTE INTERVALS FOR THE PARADE RUN AND RE -OPEN ROAD TO ALLOW TRAFFIC TO CROSS. PCMS MESSAGE: SOUTHBOUND BARBER BRIDGE 10 -07 -13 TO CONE WILL BE NORTHBOUND 10 -14 -13 CLOSED 8 AM - 5 PM USE JOYHAVEN BARBER BRIDGE MAINTENANCE OF TRAFFIC (MOT) ROAD CLOSURE FRANK T. WATANAEE, P.E. FL. REG. NO. 0735 IN®Flh K. SNORONG NUMBER: NSA 1671,000 2 AGENDA TRANSMITTAL Subject: Agenda No. I Z F — 13.13(0 NPDES Update Department Origin: City Manager Frank Watanabe - Presentation Administrative Srvc: City Attorney: A rov for Submittal by: City Clerk: Date Submitted: 3 OCT 13 I i� e ,City Manager For Agenda Of: 9 OCT 13 Exhibits: EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 SUMMARY As part of the City's NPDES permitting requirement, we are required to conduct public education about Best Management Practices (BMP). Therefore, Frank Watanabe will be present to provide a 5 -10 minute presentation on BMP. The Council Meeting is a good forum for such presentation as it will reach the largest number of people in a short time and we can rebroadcast the information. RECOMMENDATION This is a non - action item. 168 of 168