HomeMy WebLinkAbout10232013 Agenda Packet13.144
13.150
13.151
6 -16
Crcv
BAST
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, OCTOBER 23, 2013 -6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. INVOCATION - Pastor Clifton Cooley, Calvary Baptist Church
3. PLEDGE OF ALLEGIANCE - Led by Council Member Jerome Adams
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.
A. Certificate of Appreciation to Harry Tanner, Police Pension Board Service
B. Presentation - Ken Primus - October 26th Community Health Event in Riverview
Park
C. Presentation - Marty Smithson - Economic Impacts of the Sebastian Inlet
(Sebastian Inlet Taxing District Report)
D. Announcements
i. 10124113 - SRHS Sharks Homecoming Parade - IR Drive - Main to Riverview
Park - 4 pm
ii. 10126113 - City Halloween Costume Contest in Riverview Park East -10 am
iii. 10129113 - Chamber of Commerce City Council Candidate Forum in Council
Chambers - 7 pm to 9 pm - Live CH 25 Broadcast
iv. 1112113 - Craft Club Show in Riverview Park- 10 am to 4 pm
V. 1115113 - General Election at Sebastian Precincts for Three Council Seats
vi. 1118113 through 11/10/13 - Clambake Festival in Riverview Park
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 - October 9, 2013 Regular Meeting
1 of 180
13.152 B. Authorize Purchase of Ford 350 4X4 Pickup Truck - Piggyback Florida Sheriff's
17-24 Association State Contract Number 13-21-0904 in the Amount of $29,880.00
(Public Works Transmittal, FSA Bid Award)
13.020 C. Approve FIND Grant - Sebastian Working Waterfront Fish House - Project
25 -57 Agreement # IR -SE 1334 and Authorize Mayor to Execute (City Manager
Transmittal, Letter, Agreement)
13.153 D. Resolution No. R-1 3 37 FDOT JPA - Sebastian Municipal Airport Hangar
58-89 Construction - Authorize City Manager to Execute JPA (CCD Transmittal, R-1 3-
37, JPA)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PUBLIC TRANSPORTATION JOINT
PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR HANGAR
CONSTRUCTION AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE.
13.079 E. Approve FDEP Grant Agreement # S0659 (Revision) Sebastian Presidential
90 -429 (Streets) TMDL, NPS Local Reduction Project and Authorize Mayor to Execute
(City Manager Transmittal, Letter, Grant Agreement)
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.
13.143 A. Planning and Zoning Commission
130 -437 (City Clerk Transmittal, One Application, Ad, List)
i. Interview Unless Waived, Submit Nominations for One Expired, Regular
Member -Term to Expire 11/1/2016
9. PUBLIC HEARINGS - Legislative and Quasi Judicial
Legislative Hearing Procedures
(As provided in Resolution No. R113 -18)
Mayor announces the opening of the public hearing
City Attorney reads the Ordinance or Resolution by title unless applicable law requires more than
the title be read
Chair, if appropriate, shall announce the rules that apply to the hearing
City staff shall make a presentation, comments and preliminary recommendation, if any
Applicant presentation, ifappropriate
Public input
City staff final comments and recommendation, if any
Chair closes hearing
Council Deliberation and Action
13.136 A. Second Reading and Final Adoption of Ordinance 0-13-11 - NPDES Program
138 -448 (City Manager 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. (PJ Ad 10/9/13)
2
2 of 180
Quasi - Judicial Hearing Procedures
Mayor opens hearing
Attorney reads ordinance or resolution
City Council Members disclose exparte communication
City Clerk swears in all who intend to provide testimony
Staff presents findings and analysis
Applicant makes presentation
Council asks questions of the applicant and staff
Mayor opens the floor for anyone in favor of the request (anyone presenting factual information
shall be sworn but anyone merely advocating approval need not be sworn in)
Mayor opens the floor for anyone opposing the request
Applicant provided opportunity to respond to issues raised by staff or public
Staff provided opportunity to summarize request
City Council deliberation and questions
Mayor calls for a motion
City Council Action
13.154 B. Resolution No. R-1 3 33 - Preliminary Plat for Rohm Subdivision Known as Rohm
149 -464 Commercial Replat (QUASI JUDICIAL) (Community Development Transmittal,
R 1333, Preliminary Plat, Staff Report, Application)
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 HANGAR
CONSTRUCTION AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE.
13.155 C. Resolution No. R-1 3 34 - Final Plat for Rohm Subdivision Known as Rohm
165 -476 Commercial Replat (QUASI-JUDICIAL) (Community Development Transmittal,
R 1334, Rohm Commercial Replat, Application)
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 HANGAR
CONSTRUCTION AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE.
10. UNFINISHED BUSINESS
11. PUBLIC INPUT
13.156 A. Dan Dragonetti - Noise in Residential Districts (City Manager Transmittal, Ch 67
177 -180 City Code, Email)
12. NEW BUSINESS
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Mayor McPartlan
B. Vice Mayor Wright
C. Council Member Adams
D. Council Member Coy
E. Council Member Hill
17. ADJO U RN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority
vote of City Council)
3
3 of 180
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 5893330 AT LEAST
48 HOURS IN ADVANCE OF THIS MEETING.
Future Council Meeting Dates;
11113113 Regular City Council Meeting 6:30 pm
11120113 Board of Adjustment 6 pm
12111113 Regular City Council Meeting 6:30 pm
PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -13118
Regular City Council Meetings
Public input is ALLOWED under the headings:
Consent Agenda
Public Hearings
Unfinished Business
New Business
Public Input
Public input is NOT ALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except forindividuals 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
4 of 180
The Sebastian Inlet
District Commission
A multi - county independent special taxing district
114 Sixth Avenue, Indialantic, Florida 32903 (321)724 5175 / (321)951 -8182 FAX
6e - 13 /5-/
ECONOMIC IMPACTS OF THE SEBASTIAN INLET
The Sebastian Inlet region is one of the premier saltwater recreation areas on Florida's east coast. Every
year, hundreds of thousands local residents and tourists boat, fish, swim and surf the waters of the Indian
River Lagoon and the Atlantic Ocean in the area. The Sebastian Inlet itself is vital in supporting these
activities, particularly fishing and surfing. Not only does the inlet provide direct access to popular
offshore fishing spots, but it also helps support healthy aquatic ecosystems and fisheries in the lagoon by
allowing saltwater to flow into the lagoon and mix with freshwater from inland springs, streams and
rivers. Without the inlet, boaters in the area could not access the ocean, and the ecosystem of the lagoon
near the inlet could not support marine fisheries in the area to the extent that they do today. As a result,
fishing and other recreational activities that are important to the regional economy would likely decline.
The Sebastian Inlet District Commission, which is responsible for ensuring that the inlet remains
navigable for boaters, recently sponsored a study to measure the regional economic impacts of
maintaining the inlet. The study estimated how recreational boating and other activities dependent upon
the inlet support the economies of local communities within the political boundaries of the Sebastian Inlet
District. Other parts of the study measured the increase in costs for regional boaters and fishermen to
access offshore waters via other inlets if the Sebastian Inlet were not navigable, and how the presence of
the inlet influences local property values. Lastly, the analysis estimated the economic value of key natural
resources sustained by the presence of the inlet. In particular, the inlet is vital for nearby seagrass
ecosystems ( "marine prairies ") that support numerous species of fish, crab, shrimp, sea turtles, and other
marine wildlife.
The study conducted by Florida based natural resource economists with the firm Cardno ENTRIX
estimates that today the presence of the inlet:
• generates $93 million in business revenues per year for regional businesses;
• creates $48 million worth of annual income for regional businesses and residents;
• supports an estimated 970 local jobs, and
• generates about $8 million per year in state and local tax and fee revenues.
If the inlet were not navigable, recreational boaters who reside in the region who boat primarily due to the
presence of the inlet would have to travel north or south to alternate launch sites (Fort Pierce or Cape
Canaveral Inlet) at a total annual cost of $6.4 million per year. On average, a typical boater residing in the
region would pay an additional $700 per year to access the Atlantic Ocean. The inlet also has a notable
effect on property values— about $1.8 billion for waterfront homes within about 15 miles north and south
of the inlet. Lastly, the inlet directly supports seagrass colonies that generate an estimated $19 million per
year in economic value related to fisheries in the lagoon.
BETH L MrTCHEL4 Chairman; JIM CULBERSON, Vice- Chairman;
JENNYLAW ONSEAL, SecretarY1D surer; ANNPERRY, Commissioner; MICHAEL J. ROWL4ND, Commissioner;
MARTTNS. SMI7NSON,Administrator
5 of 180
cr►rcf
BASTLAI
E
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, OCTOBER 9, 2013 -6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Regular Meeting to order at 6:30 pm.
2. Invocation was led by Pastor Grant Foster, Riverside Church.
3. Vice Mayor Don Wright led the Pledge of Allegiance.
4. ROLL CALL
City Council Present:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Council Member Andrea Coy
Council Member Jim Hill
Absent:
Council Member Jerome Adams (excused)
City Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Administrative Services Director, Debra Krueger
Community Development Director, Joe Griffin
Police Chief, Michelle Morris
Public Works Director, Jerry Converse
Network Manager, Rob Messersmith
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
None.
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
A. Proclamation - National Arts and Humanities Month October - Accepted by
Barbara Hoffman, Chairman of the Board of Directors Cultural Council of Indian
River County
Mayor McPartlan read and presented the proclamation to Barbara Hoffman, Chairman of
the Cultural Council, who made a brief presentation on US News which voted
Sebastian /Vero Beach area as one of top ten best places to live for cultural venues and
discussed the importance of the arts. Ms. Hoffman provided 2013-2014 event guides.
6 of 180
Regular City Council Meeting
October 9, 2013
Page Two
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
101/9/12 Sebastian Rover Art Club Show in Revery oew Darla 10 am
III. �- �r- rs-- r�vc�stlar, --rcry
Ms. Coy said the Sebastian Clambake is November 8, 9 and 10.
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 25, 2013 Regular Meeting
13.140 B. Christmas Parade Street Closings - December 7, 2013 (City Clerk Transmittal)
13.141 C. Resolution No. R-1 3 35 - FDOT JPA - Airport Equipment Acquisition
(Community Development /Airport Director Transmittal, R-1 3 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.
MOTION by Ms. Coy and SECOND by Mr. Wright to approve item A -C.
Roll Call: Ayes: Wright, Coy, Hill, McPartlan Nays: None (Adams Absent) Passed 4-0
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for
City committee member nominations and appointments under this heading.
13.142 A. Construction Board
(City Clerk Transmittal, Application, Ad, List)
i. Interview, Unless Waived, Fill One Expired, HARV Contractor Position -
Term to Expire September 30, 2016
The City Clerk explained there are four expired positions, two of them vacant, and two
held by current members, one of those being Mr. Dalessandro's regular member position
and he wishes to be reappointed.
MOTION by Mr. Hill and SECOND by Mr. Wright to appoint Frank Dalessandro. No roll
call was necessary since he was the only applicant and all members concurred.
2
7 of 180
Regular City Council Meeting
October 9, 2013
Page Three
13.143 B. Planning & Zoning Commission
(City Clerk Transmittal, Application, Ad, List)
i. Interview, Unless Waived, Fill One Vacant, Alternate Member Position -
Term to Expire 11/1/2016
The City Clerk explained that John McManus was the only applicant for the alternate
position, he has appeared before Council for other P & Z positions, is out of town and
could not be here, but would like to be appointed.
MOTION by Mr. Wright and SECOND by Ms. Coy to appoint John McManus. No roll call
was necessary since he was the only applicant and all members concurred.
13.144 C. Police Pension Board
(City Clerk Transmittal, Code, Applications, Ad, List)
i. Interview Unless Waived, Fill Two Civilian Positions - Term to Expire
October 1, 2017
The City Clerk explained that there are two applicants for two citizen positions on the
Police Pension Board, current member Robert Zomok and new applicant Bruce
Hoffman, noting that Mr. Hoffman is a member of the Budget Board but the City Attorney
has opined that he can serve on both committees since the Police Pension is not a true
City board.
MOTION by Mr. Hill and SECOND by Mayor McPartlan to appoint Robert Zomok and
Bruce Hoffman. No roll call was necessary since they were the only applicants and all
members concurred.
9. PUBLIC HEARINGS -None
10. UNFINISHED BUSINESS
13.139 A. Consider Request for Farmers Market (City Manager Transmittal)
The City Manager said he had provided a rough draft agreement on how a farmer's market
could operate at the direction of Council and input from Brittany Swartz at the last Council
meeting, and briefly reviewed some of the provisions.
Mayor McPartlan called for the applicant to make a presentation and then have public input.
Brittany Swartz and Georgia Irish, Oceanside Business Association came to the podium and
Ms. Swartz said the Vero Beach Farmers Market had been visited by Jacque Petrone from Halo
who presented an idea to bring a similar market to Sebastian to benefit Halo. She said she had
heard negative viewpoints and addressed those, stating this would not be a flea market and
Sebastian businesses would have first priority over vendors from outside the area, that while
she understands some may view it as competition to local businesses, that would be the case
only if they chose not to participate. She said we would all like to have a monopoly but that is
not the way America works.
3
8of180
Regular City Council Meeting
October 9, 2013
Page Four
Georgia Irish, President Oceanside Business Market, Sebastian resident for ten years, said the
Farmers Market brings more business to Ocean Drive businesses and they have far more than
we have in Sebastian and it has added to those businesses, that tourists love to stroll through
markets, that Vero Beach is a green market and does not allow trinkets. She said lifestyles have
changed for the better and it brings awareness to the people who come. She said a market from
8 am to noon on Sundays will not take away from other businesses and as a matter of fact,
Chefs come to the market to purchase for their restaurants.
Todd Sims, 1082 Genessee Avenue, new resident to Sebastian, said letting one vendor in one
day a week then another and another may turn this into a flea market, urging Council not to let
vendors in there and leaving the park the way it is, with the exception of the few festivals.
? ?, resident over ten years, George Street, Sebastian, said the Green market being organic
creates a draw for those who don't normally come here and helps a good cause and once per
month is not going to impinge on anybody's rights.
Ms. Coy said they are requesting the event once a week.
Brian Davis, 5 1 generation Sebastian resident, said it is a great idea and suggested they could
give a special area for IRC grown produce.
Ben Hocker, Sebastian, said in going over the contract even though it is to benefit Halo, we
would have an independent LLC operating in our park with profit to the LLC for $200 per year
and as a taxpayer he sees this as supporting a private business. He suggested that if it were in
a different area like the airport it might be feasible, and that we have only given these types of
contracts for use of the park to non - profits, and did not feel we should give the park away for an
independent company.
? ?, supported Halo 100 %, said that a green market is a good idea and that this is not different
from anything else that is in the park.
Jacque Petrone, Halo, said that D &B Media was not supposed to be on the contract, that
actually it should be Halo and she would hire D &B to work for her, it is not for private business
but for a non -profit. She described the work that Halo does for the animals and people of the
area, and it is because of her efforts and those of Maria Hart, who owns the Halo building, the
gift is given to the community. She said she wants Halo to flourish and said we should be proud
that Sebastian has a no -kill shelter and it is because of a lot of work by small number of citizens
who help them. She said this will help to provide an income and they wanted to bring in other
non -profits in the community and local musicians from schools to play. She asked Council to
just give it a try, that it is not going to be as bad as some members think, will not be a flea
market and if told they are not doing something right they will change it.
Mayor McPartlan asked that there be no applause or we would have to discontinue input.
Roger Harrington, Chello Avenue, Sebastian, said there are a lot of things his family enjoys at
the park, but when he heard this would be once a week, he thought people should be allowed to
enjoy the parks without someone trying to sell them something. He said he likes Halo but his
problem is with the event week after week and was concerned about road closings.
4
9of180
Regular City Council Meeting
October 9, 2013
Page Five
Laura Dunn, 574 Frank Avenue, Craft Club, said many of their members drive to the Vero
Beach Farmers Market for organic food and we need one here in Sebastian, that it will bring
people into Sebastian who will go to local restaurants, and that it will only be held on one part of
the park on the east side.
Colleen Sanders, business owner, 312 12th Street Vero Beach, director of a non -profit, said she
goes to the Vero Beach market and it is not predominately organic, and she still goes to the
local produce markets in Sebastian. She said there is no proof that it benefits local businesses.
Trisha Donnelly, Sebastian, said this is a wonderful idea for Sebastian and has been needed for
a long time, is wonderful for business especially with economic times the way they are, that
Halo is a wonderful organization and is very important to the community and the animals.
?? Rejos — said a fresh market will bring other people to Sebastian, that when she visits the
other market she goes to other places, she said there are not enough people in Sebastian to
support our local businesses and this will bring people from other towns and benefit Halo.
Tim Timinsky 11230 South Indian River Drive, Sebastian, Kroegel Produce, said he had sent
Council a letter, said he did not want to see businesses outside of Sebastian taking money out
of Sebastian, that the idea of a market is fantastic but they should fill it with Sebastian farmers
and businesses.
Joseph Richter, 30 year Sebastian resident, asked if it was considered what amount of parking
will be needed, said we are a sleepy fishing village with boaters and the Yacht Club ramp is
right there, that Mulligan's people use the Cavcorp parking lot and asked how will the market will
impact that parking, stating it is not a good idea.
Kelly Alonzo, Native Tackle Supply, said several people stated that this will draw attention to
local businesses but they actually will struggle. She said if it brought in local businesses she
would agree, said her experience was that even though they say they will use overflow parking,
they will use Cavcorp, that every boater that comes back in is blocked in. She said she would
like to ask to be put on an agenda regarding the closing of ramps and streets, said she
understands the parades but had concern for the road races which shut down her business, that
her customers and vendors are blocked from coming through. She said she had signatures on a
petition from boaters and businesses and has met with the City Manager.
Ms. Coy said she would like this agendized.
Christie Linz, small business owner on Indian River Drive, said she supported Halo but had a
problem with what businesses are going to be brought in, do they have licenses in the City or
County, said she was the smallest operator in the City, just her, and was concerned they were
going to be blocking the only kayak ramp where her customers go out. She asked if these
businesses would bring money to Sebastian and asked why she needs a license when she
could hook up to this group and put up a tent. In response to Ms. Coy she said she has a kayak
business and docks at Mulligans.
Ms. Coy asked the City Manager if there was any planned blockage of streets, and he said no
but the kayak launch ramp is on the east side of the park where the market is planned to be.
5
10 of 180
Regular City Council Meeting
October 9, 2013
Page Six
Philip Thibodeau, Sebastian, suggested that there be provisions to impose a higher fee for out
of County vendors.
Rose Harris, 13320 Old Dixie Highway, said we should keep the public park a recreation facility
and support our local businesses, that she works for Kroegel produce and kayaks and has a
dog from Halo, that she helps with kayaks from that area, noting most kayakers have to get out
on the water early, urging that Council support our own City and keep it local.
Mayor McPartlan closed public input.
Ms. Coy asked Brittany Swartz to come to the podium to respond to her question. Ms. Coy asked
her why she needed electricity, and Ms. Swartz said for vendor cash registers and grills. Ms. Coy
said she did not realize there were food booths until she viewed photos. Ms. Swartz said they are
hoping to get Sebastian residents to do breakfast items. She asked to clarify two items and Ms.
Coy noted public input had ended.
Mayor McPartlan said no one doubts the benefits of Halo, but the big question is can the market
be done somewhere other than the park.
Mr. Hill said he would not be in favor of letting any group use that of the park every week, that is
belongs to the people of Sebastian.
Mr. Wright said a lot of issues have been raised, and all have their position. He expressed
concern for the grills, and agreed with Mr. Hill that we approve special events that provide a
unique activity but have never approved continuous weekly events, and the appropriate place
for this is not in a public park. He said people who have called say a public park is not an
appropriate place and it should be on private property, some had difficulty with kayak launching
and parking. He said the concept is something we could work out but not at that location.
Ms. Coy said it is great that people are passionate and here tonight and had not thought this
would be difficult to discuss, noting the Vero Beach market is a class act, but this is Sebastian
and we operate differently. She said she had forgotten about the kayak launch until it was
mentioned, that she had a lot of phone calls and emails on both sides and both sides have
merit. She said it was a tough decision but that Sunday morning is pretty quiet in Sebastian, and
challenged that people would come from Vero or Palm Bay since they already have markets, as
does Fellsmere and Roseland. She noted Jackie gave a marvelous speech and said she does a
lot for Sebastian but perhaps this should be in a different location and less intensive and was
not sure Sebastian could support a market every week in one location. She said she was open
to other alternatives but the intensity in a public park would not fly with her.
Mayor McPartlan said the consensus was for another location and not in the park.
Mr. Hill said also a concern of outside vendor competition, saying this location is unacceptable
to give away every Sunday morning and competing with local businesses concerns him, that
private property is the way to go.
Mayor McPartlan clarified it is a no go with a farmer's market in the park.
6
11 of 180
Regular City Council Meeting
October 9, 2013
Page Seven
Mayor McPartlan called recess from 7:32 pm to 7:43 pm. All members were present upon
return.
11. PUBLIC INPUT
Russ Owen, 1050 Guava Street and Columbus Street, asked about the timing for the
Presidential Streets project.
The City Manager said we have officially let the bid for the Presidential Streets, the bid opening
will be November 13 and the award will come to Council on December 11, with a start date the
first part of January and should be wrapped up by June.
Mr. Owen expressed concern for the timing noting snowbirds will be out of there by then, but
traffic here in town is busy during the construction.
The City Manager said the speaker was advocating we start in June rather than January.
Ms. Coy told Mr. Owen to watch our agenda for December 11th for the contract at which time he
may speak again on the subject.
Mr. Owen expressed concern for standing, stagnant water in his backyard ditch which is
creating mosquitoes and leeches and said he would like to find out what can be done to remedy
this as well as runoff from the culvert between his house and his neighbor's yard which pools in
his front yard. He said a City inspector came out 2 '/2 months ago and nothing has been done.
Mayor McPartlan asked the City Manager to have someone check it out.
At five minutes, Mr. Owen was told his time was up and Mr. Wright asked for one more minute
for him.
Mr. Owen said where you turn from CR512 to Roseland Road, you can't see anyone coming
along the sidewalk and trees need to be removed.
12. NEW BUSINESS
13.145 A. First Reading of Ordinance No. 0-13-12 - Prohibiting Sale of E Cigarettes and
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.
The City Attorney read Ordinance No. 0-13-12 by title.
Mayor McPartlan said he had requested this item and asked about concerns with paragraph F.
7
12 of 180
Regular City Council Meeting
October 9, 2013
Page Eight
The City Attorney said he had received emails on that issue but later emails indicated there was
not a problem.
The City Attorney said this is new material, a number of governments are looking at the same
issue, said the State has ruled that e- cigarettes are tobacco products and have the same
regulations as tobacco products and that legislation in place for tobacco will also regulate these
e -cigarettes. He said no court has weighed in yet, and when FDA tried to keep them out, the
makers got an injunction against the FDA by claiming this is a tobacco product and not drugs,
so the State says tobacco and it could be that a court will say they are tobacco products
because nicotine is derived from tobacco. He said the other area of uncertainty for him was that
Florida has regulations in other areas of the statutes that deals with where you can smoke and
no court has weighed in yet on whether that use is like a lighted tobacco product and he has
treated them as lighted the same as a cigarette ban.
He said Clay county has adopted a similar ordinance and Vero Beach is having a first reading
next week, noting a copy of a newspaper article from Press Journal (see attached) he provided
to Council, which is something we can look at during the second reading. He said the materials
in the packet were given to him by the Mayor. He said if Council does this they would be among
the leading governments to do so. He said State law says you have the power to enforce
tobacco statutes.
In response to Ms. Coy, the City Attorney said the opening points in the ordinance cite
legislative findings and are good if we have to defend this in court.
Mr. Hill asked if the State considers e- cigarettes the same as tobacco wouldn't the same laws
apply and effectively cover them as well. The City Attorney said yes but not all State Attorneys
agree with that so State law may not be enforced.
Mr. Hill asked if is legal right now to sell them to someone under 18, and the City Attorney said
the State says no. Mr. Hill asked if they are selling them to minors now and the City Attorney
said he did not know.
Chief Morris said the City Attorney is correct, they are selling to minors, the Police can do stings
but the State may not prosecute, so if we pass an ordinance it would be a violation of the
ordinance.
MOTION by Mr. Hill and SECOND by Ms. Coy to pass 0-13-12 on first reading.
Robin Dapp, Substance Abuse Awareness Center of Indian River County, said she was very
pleased to see this here tonight and said it is about the safety of children. She said Indian River
County is considering this as well.
David Cavell, Substance Abuse Awareness Center, said in the absence of an ordinance we
can't do stings, and cited statistics that show children smoking has decreased from 12% to 2%
because they don't see it, but if this is introduced to them they may see it again and be
introduced to the addiction.
Ms. Coy said she does not defend it for children but that it does help adults quit smoking.
Roll Call: Ayes: Coy, Hill, McPartlan, Wright Nays: None (Adams Absent) Passed 4-0
8
13 of 180
Regular City Council Meeting
October 9, 2013
Page Nine
13.146 B. Resolution No. R-1 3 29 - Ratifying PBA Collective Bargaining Agreement
(City Manager Transmittal, R-1 3 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.
The City Attorney read Resolution No. R-1 3 29 by title.
The City Manager reviewed the changes in the collective bargaining agreement ratified
by the PBA.
MOTION by Mr. Hill and SECOND by Mr. Wright to approve Resolution R-1 3 29.
Roll Call: Ayes: McPartlan, Coy, Hill, Wright Nays: None (Adams Absent) Passed 4-0
13.147 C. Confirm Amendments to Management Benefits (City Manager Transmittal
Management Benefits Package)
The City Manager stated that the Management benefits models what we do with PEA
and PBA and briefly went over the changes, noting longevity pay will be restored in two
steps, first by supervisors in 2014 and then department heads would be eligible in 2015.
MOTION by Mr. Hill and SECOND by Ms. Coy to approve.
Roll Call: Ayes: Wright, Coy, Hill, McPartlan Nays: None (Adams Absent) Passed 4-0
13.148 D. Confirm Resumption of Existina Charter Officer Contract Provisions (Ci
Manager Transmittal)
The City Manager said he brought this item to confirm the end of furlough days and
restoration of the contractual health benefit voluntarily suspended by the City Manager
and City Clerk as a public directive. He said the third item was to include the charter
officers in the employee golf benefit policy.
MOTION by Ms. Coy and SECOND by Mr. Hill to approve.
Mr. Hill said what is being asked is to make the contracts whole, and said both had done
a tremendous job doing more with less and gladly supported it. Ms. Coy said they
voluntarily withheld, they are contract provisions. Mr. Wright said it was totally
appropriate, did not want to argue the golf benefit and had no problem with the pricing,
but maybe the City Manager should have a golf benefit package. Mayor McPartlan said
both made considerable sacrifices.
Roll Call: Ayes: Coy, Hill, McPartlan, Wright Nays: None (Adams Absent) Passed 4-0
9
14 of 180
Regular City Council Meeting
October 9, 2013
Page Ten
13.124 E. Barber Street Bridge Closing (Between Joy Haven & Concha) — Frank
Watanabe (City Manager Transmittal, Road Closure Plan)
The City Manager said item E and F can be done together by Frank Watanabe who will
offer reports on the proposed bridge closing and then the NPDES report on the do's and
don'ts of stormwater management.
Frank Watanabe gave a brief reporting outlining the suggested detour route on an
overhead, closing to be from 8 am to 5 pm for five working days, November 4 through 8.
The City Manager said we will get a map on our City website and advertise in the
newspaper. Ms. Coy suggested a simpler map that shows the city street names being
used.
It was the consensus of Council to concur with the plan.
13.136 F. Stormwater BMP Updates — Frank Watanabe (City Manaqer Transmitta
Cindy Watson, Neel -Schaffer gave a Power Point Presentation on Stormwater Best
Management Practices (see attached), citing the City's Natural Resources Board
website stormwater BMPs education link, and City Stormwater brochures. It was noted
the City's Stormwater NPDES ordinance will come back for approval on October 23,
2013.
13. CITY ATTORNEY MATTERS
None.
14. CITY MANAGER MATTERS
The City Manager clarified they would like to do the Presidential Street project in the
summer not to deal with crowds, but there are tricks with the rainfall.
He also reported that the FIND Grant Agreement for the Fish House is on his desk and
will come to Council on October 23 rd
15. CITY CLERK MATTERS
Thanked Council for their confirmation on her contract.
16. CITY COUNCIL MATTERS
A. Council Member Hill
Mr. Hill suggested the Fresh Market could consider the Village Shops on Sunday
morning and maybe work something out. The City Manager said he had talked to them
about this site, and that the Code would allow for that type of setup under special events.
Ms. Coy also suggested the parking lot south of Country Ham and Eggs.
10
15 of 180
Regular City Council Meeting
October 9, 2013
Page Eleven
B. Mavor McPartlan
Mayor McPartlan said the National Night Out Event was great and the Police
Department did an excellent job, saying he was approached by Dr. Primus for a health
fair in the park on October 26t"
He reported that Big Brothers and Big Sisters is doing a push for volunteers in Sebastian
where there is a huge need.
C. Vice Mayor Wright
Mr. Wright requested an agenda item for the October 23rd meeting with speaker Marty
Smithson on the Regional Economic Benefits of Sebastian Inlet, who has a keen
awareness of the situation with seagrasses in the lagoon, and has reported that
seagrass is coming back in certain areas.
D. Council Member Adams
Absent.
E. Council Member Coy
Ms. Coy asked the City Manager if more golf meant less Power Point Presentations.
17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:55 pm.
Approved at the October 23, 2013 Regular Council Meeting.
By:
Bob McPartlan, Mayor
Attest.
Sally A. Maio, MMC, City Clerk
11
16 of 180
QIY of
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Replacement Vehicle Purchase
Agenda No. 715 -13.152
Ar Submittal by:
Department Origin•
Department Head.
Finance Directo
City Attorney:
A17
Al M ner
City Clerk:
9
Date Submitted: 10/15/13
For Agenda of: 10/23/13
Exhibits: FSA Bid Award
EXPENDITURE
AMOUNT
APPROPRIATION
FUNDING SOURCE:
REQUIRED:
BUDGETED:
REQUIRED: N/A
010052- 606400
$29,880
$31,000
SUMMARY
Public Works department has selected a Ford 350 4x4 pick up truck from the Florida Sheriffs
Association State Contract number 13 -21 -0904.
This truck will be used to replace an older Public Works vehicle (PW -11). There will be other
associated vehicle costs for a power invertor, rack and warning lights. Purchase separately from this
order.
RECOMMENDED ACTION
Move to authorize the purchase of (1) Ford 350 4x4 pick up truck from Alan Jay Automotive
Network under the Florida Sheriffs Association Contract number 13 -21 -0904. in the amount of
$29,880.00.
17 of 180
L.� M �Y
Call Us W, for all ofyour Fleet Amontotive, & Light Truck needs.
PHONE (800) ALANJA Y (252-6529) DIRECT 863 - 402 -4281 WWW.ALANJAY.COM
Corporate
Office
2003 U.S. 27 South
Sebring, FL 33870
MOBILE 863 -381 -0982
Mailing'
AddIr
P.O. BOX 9200
Sebring, FL 33871 -9200
FAX 863 - 402 -4221
QUICK QUOTE SHEET
FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT
PAGE 1 of
REQUESTING AGENCY:
ORIGINAL QUOTE DATE:
CONTACT PERSON:
PHONE NUMBER:
FAX NUMBER:
I
CITY OF SEBASTIAN
REVISED QUOTE DATE: 10114!2013
GREG SCHAIIDT
772 - 713 -5252
772 -589 -5570
MODEL: F -350 (F3D) FSA BID NUMBER'S 13.21 -0904 & 13.11 -0904
2014 FORD F -350 DRW 4X4 REG CAB
OPTION CODE #
Sf2W
528
31(
X3L
CLVWC
PSB96S -P
M _LOCK
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
---------------------------
...........................
---------------------
-----------------
PULSE
TEMP
Comments:
e- mail: gschmidtCD_cityofsabastian.orq
SPECIFICATION #: 54
PAGE #: 982
BASE DISTRICT PRICE: $22,221.00
DESCRIPTION
OPTION COST
EXTERIOR COLOR WHITE W/ DARKEST INTERIOR POSSIBLE
STD
........... ............................... ......................... ..... - - -_- __ _- __
SINGLE REAR WHEEL
..... ..........
- $200.00
............................. ...............................
ELECTRIC BRAKE CONTROL
...................... .•••-.....
$229.00
POWER WINDOWSILOCKS
...................._
$894.00
•-- ••-- •--••--• .................................•••--•---...•••-• -..............................
THIRD KEY
. .........•................_....
$140.00
2 FRONT TOW HOOKS
.........................
STD
...............
LOCKING REAR DIFFERENTIAL
ENCL
.____ -_...
EX HD TOWING W /DRAWBAR & 2 5!16'5 BALL
$670.00
...........................................................
PALFINGER 8 FT UTILITY BODY
. ..................._._.........
$5,278.00
MASTER LOCKING
....................................................................................................
............................ •-•-•-••--••-•---------•---••----------- •-............- --- --...........
•- •--- ------ -•• - --•-- - -- - -- •-----•-•-•--• ............................ ...............................
.........--•••• •-•••-- • ........ .................•-••• •--•---••-...... ...............-•---- ..........
.................... .......................-- - - ---• •--....-•• ••-- -- -- •.....-•- ----- •- -•••-- ••• - --...
.............•• •- -•--•• ••••......... •••........•• •--••------•........ ................••-- ..... ---•..
....................................................................................................
......g66
................................
................................
................................
................................
................................
................................
•-•-...._....-• •-•------•---•----•• .................................. ...............................
•-- - -- • ...................................•----- .............................-• •-•• • ----- • • •-• - -•...
•---••-------------•---•-----•---...---.. .......................---•--•• ••---- -••-..........-••••...
....................-..............................................-- -................•--••••••••...
.....--•• ................................•--------------------------- .......•--•-••••---- -••---- ---•
........ ••--• ........ .....• •-• •---.............-••-•-•-•.._.......... ..•-•..........................
........ ......................................•• --- ••--••-- _.......•--........• •--• •• •--•-••-- - - --_.
- - •-..._..y ff* ................................................
THIRD BRAKE LIGHT SAFETY FLASHER
. ...............................
................................
. ...............................
. ...............................
................................
. ...............................
................................
...................... ...•-_...
$229.00
TEMPORARYTAG -• ..........................°---............ ......._.......................
........................ $25.00
---------- -- -------- --- --•-. •------- ------ --• •---•••------°.. .._----------- -- -•-- -- -•---- --- •----•.
EXTENDED WARRANTY DECLINED
................................
TOTAL OF OPTIONS:
$7,659.00
TOTAL COST:
$29,880.00
QTY 1
= $29,880.00
YESfIWETAKE!iTRADEtINS.I:;I : ''ipl,' I::I;y. '.:; r ±:un :i> >,11 ;9'I ( "'
„$0.00:
TOTAL COST LESS TRADE IN:
Alan Jay Chevrolet Buick GMC Cadillac FEID 065 -0211404
Alan Jay Ford Lincoln Mercury, Inc. FEID # 20. 5996360 1 Alan Jay Chrysler Dodge Jeep Ram FEID # 26. 4540672
Alan Jay Import Center, Inc. dibla Alan Jay Toyota FEID # 59. 3533026 ! Alan Jay Nissan, Inc. FEID #76-0833978
VEHICLE QUOTED BY: Dave Wilson, Fleet Sales Manager dave.wilsonO- alaniay.com
$29,880.00
"7 Want to be Your Fleet Provider"
I appreciate the opportunity to submit this quotation. Please review it carefully. IF there are any errors or changes, please feel free to contact me at any
time. t am always happy to be of assistance
18 of 180
QUOTE SHEET SEBASTIAN F -350 SRW U -BODY
All ADOW NO"aa
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
1 TON PICKUP TRUCK (DUAL REAR WHEEL) - 4X4
SPECIFICATION #54
2014 Ford F -350 SD (F3D)
The Ford F -350 SD (17313) purchased through this contract comes with all the standard equipment as specified by the manufacturer for
this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base
price as awarded by specification by zone.
ZONE: * Western *Northern * Central * Southern
BASE PRICE: $22,221.00 $22,221.00 $22,221.00 $22,221.00
While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment
items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to
vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add /delete options which
allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost
of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you
wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the
approximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add /delete options and their prices should be obtained from the appropriate dealer in your zone when
preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those
listed here must be honored by the dealers in your zone at the stated prices.
Bid Award Announcement (13- 21- 0904) 982
19 of 180
VEHICLE: F -350 SD (F3D)
DEALER: Alan Jay Ford Lincoln
ZONE: * Western
BASE PRICE: $22,221.00
Alan Jay Ford Lincoln
'*'Northern
$22,221.00
Alan Jay Ford Lincoln
$22,221.00
Alan Jay Ford Lincoln
* Southern
$22,221.00
Order Code Delete Options All Zones
66D 512 Cargo box and rear bumper $200.00
Factory Delete Cargo Box, bumper, and spare tire carrier. Spare tire shipped loose. (Dlr Remove Box & Bumper, leaves
Frame Maimed Spare Tire Carrier $500, Single rear wheel delete $300) 1
572 1 Air conditioning
IF ORDERING VEHICLES WITHOUT A/C PAYMENT WiLL BE REQUIRED UPON ORDER. 'NON- REFUNDABLE" 1
58Y 1 AM/FM stereo radio
F3B 1 Single rear wheels, 9,500 lbs. GVWR
51X 1 Full size spare tire and rim
D X3L 1 Limited slip differential on 4 -wheel drive
Order Code Add Options
$200.001
I
--$200.00,
$25.001
$175.001
All Zones
Please refer to Part E - Emergency Vehicle Lighting Specifications
for lighthar descriptions and the awarded dealer pricing.
99T 44W 1
Engine upgrade - specify
$8,314.001
6.7L 32 Valve Power Stroke V -8 Diesel W 6 -SPD Torqueshift Automatic Trans. Includes dual lead acid 750CCA
batteries 1
Engine upgrade - specify
NA
Bi -fuel model - specify
NA
98F 1
CNG model - specify
$314.001
CNG /LPG GASEOUS ENGINE PREP PACKAGE ONLY (Not available with 99T 44117) 1
21.2GGE
CNG conversion (discuss with dealer)
$11,544.001
CNG 1
(specify) Bi -Fuel or Dedicated CNG system 21.2 gas gallon equivalent installed by Florida Company (Restrictions apply
ivith different body configurations) " "Requires Option 98F CNG /LPG Gaseous engine Prep Package " ". 1
25GGE LPG 1
LPG conversion (discuss with dealer)
$12,177.001
Bi -Fuel LPG system 25 gas gallon equivalent installed by Florida Company (Restrictions apply with different body
configurations) * "Requires Option 98F CNG /LPG Gaseous engine Prep Package * ". 1
67D 1
Alternator, extra HD
$74.001
67A 1
Dual alternators
$379.001
Req's Diesel 1
Idle control
Std'
Stationaa Elevated Idle Control
52B'
Electric brake controller
Std1
.odd $229.00 for SRW �
Traction control
Std
623A
Manufacturer's model upgrade package (specify pkg. bid)
$4,029.001
XLT Regular Cab Only Includes: Chrome frdrr bumpers.chrome grille, Manual telescoping pivr heated glass, 17" cast
aluminum wheels, rear privacy glass, perimeter approach lighting, perimeter alarm, I touch up/dwn drvr pass pwr
windows, 4way headrests, AWFMCD MP3 AUX audio input, Steering wheel controls, SYNC system W hluetooth
streaming wireless, cruise control, uplevel door trim, carpet floors with mats, pwr locks, uplevel cloth 40120140 W
:mderseat storage, compass, (3) 1217 outlets, vanity mirrors, Remote Keyless Entry, antitheft alarm. I
Bid Award Announcement (I3 -21 -0904)
983
20 of 180
DEALER:
Alan Jay Ford Lincoln
ZONE:
* Western
BASE PRICE:
$22,221.00
2S
90L
525
585
39S
LS
AS
IS
WTF
DTF
433
3K
18B
ATB
L SPOT
LR SPOT
RS
RSF
BSI
WGG
85L
Alan Jay Ford Lincoln
*Northern
$22,221.00
Alan Jay Ford Lincoln
* Central
$22,221.00
Seat trim upgrade - specify
Steel cloth 401console140 front seats with mint console (Dealer Installed Leather Trim 51297)
Power windows /door locks
Includes remote keyless, manual telescoping mirrors w/power healed glass.
Speed control /tilt steering wheel
Included with ,YLT up -grade
AM/FM radio with single CD
includes MP3 Player and AUX audio input
On -Star
Satellite radio
Req's Manufacturers upgrade package (Satellite Radio w/ 6 mos trial) i
Bucket seats in lieu of bench seat
LS - Vinyl 40 / mini - console / 40
40/20/40 seat in vinyl
40/20/40 seat in cloth
Cloth 40 / 20 / 40 split bench w/ center armrest, cupholder. and storage.
Carpet in lieu of rubber floor covering
Included with XLT up grade
Floor mats
HD moldedJloor liner system
Deep tinted glass
Dealer Deep Tint Film (Add $49 for windshield strip)
Sliding rear window
Includes Privacy Glass on rear window only
Side air bags
Third key
Add 5175.00 for additional Remote w/Power Window Group
Cab steps
(included with DRW, ADD $319 jar SRW)
Heavy duty aluminum tool box
Dealer Provided HD Aluminum Diamond Plate Tool Box 14" Depth (ADD $50 18" Depth TOOL BOA
6' cargo box on crew cab
Left -hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed
Left & right -hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed
Vent visors - stick -on style
Rainshields - flange style
Bug shield
Wrap- around grille guard
Add $300.00 for ivinch mount plate
Bedliner
Plastic drop in bed liner (Dlr installed OEM Bedliner $279)
Bid Award Announcement (13 -21 -0904)
Alan Jay Ford Lincoln
* Southern
$22,221.00
$514.00
$894.00 �
$234.00
$274.00
NA
` $194.00
$354.00
Std
$99.00
NA
$199.00
$279.00
$124.00
Stri
$140.00
Std'
$419.00
NA
$450.00
$750.00
$145.00
$145.00
$205.00
$995.00
$349.00 1
984
21 of 180
LYL.rJ LLll..
Alan Jay rora Lincoln j-uan jay ruru Linwin Alan jay roru Lu.cotn ruan .tuy 1 u1u Liitcuut
ZONE:
*Western * Northern * Central * Southern
BASE PRICE:
$22,221.00 $22,221.00 $22,221.00 $22,221.00
85S
Spray -on bedliner for pick -up truck (Rhino, Line -X or approved equivalent)
$474.00
Factory THIN spray -on -bed liner w1 plastic tailgate cover. (HD Spray- on- Bedliner dealer installed S579.00)
LG15
1,500 lb. lift gate
$3,523.00
IOKW
10,000 lb. winch with remote
,$1,495.00
41P
Skid plates
$99.00
213
Shift on the fly
$184.00 '
TBM
All terrain tread tires
$124.00
LT2451751ZX17E BSW A/T (5)
N2
Nitrogen filled tires including spare tire
$89.00
ARE DCU
Steel truck cap
$2,373.00
'Aluminum "A.R.E. 23" high Deluxe Commercial Unit, includes: Clear Mitered Front Picture Window, Standard Full
Length Side Access Doors. Rear Full Height Hatchback door with tinted radius windmv replacing factory tailgate, sub
option: Full Length Side Mid Tool Boxes inside doors (specify configuration) $525 sub option 2: Roof ,Lind Deluxe HD
Aluminum Ladder Rack with 2 cir supports $295
Trailer tow mirrors
Std
CLVWC
Trailer towing package, to include heavy duty flashers, wiring for trailer plug (7 prong round), and
$670.00
class IV frame mounted trailer hitch with 2" square removable receiver, 1" shank with 2" ball.
Does not include trailer tow mirrors. May be dealer installed.
Replaces Factory (HD Class V Titan 2.5" Receiver, 7 Pin Wire Harness, Solid Steel Shank Draw Bar, 2 & 5116" Ball, pin &
Clip.
USOB
Spray -on bedliner for utility body
$695.00
For inside of utility body only, ADD $279 for box tops and bumper
K696D54J
Knapheide, Reading or approved equivalent utility body - specify
$5,395.00
Knapheide 8' DRW Painted Utility Body, (includes box and bum i Bod U des Add $634 for Flip Top Lids,
$298 for T- Handles, S379 for Dome Lights inside compartment , S394 for Master Locking System )$159 for pair of
Knaplock padlocks keyed to Ford factory ignition key
961354V
Manufacturer's standard service unibody, 14 gauge construction - specify. Requires trailer tow
$6,798.00
mirrors. May be dealer installed. (NOTE: If you are ordering a service body, we are advising you
to contact your awarded vendor.)
OMAHA STANDARD 8' DRW HD body painted white. (includes box and bumper credit) Body Upgrades -- Add $793 for flip
top lids, S 397 for LED compartment lighting, $394 for Master Locking system, and S487 for T- Handles.
U98ADW
Powder coating for utility body
$6,492.00
Reading Classic 11 Powder Coated White 8' Utility body (includes box and bumper credit) Body Upgrades --Add S823 for
Flip Top Option, $573 Lighted Compartment, $893 for Master Locking System, Latchntatic Remote locking system $973 --
FTC
Fiberglass tonneau cover (painted to match)
$1,495.00'
Add 51338 for Bed Slider with Rubber Mat and 4" Sides
FCH
Fiberglass cab high topper with front, side and rear windows (painted to match)
$1,695.00
Add $375 for side access windows in lieu of fixed
942
Daytime running lights
$44.00
Immobilize daytime running lights
NAt
Don't order 942 1
HAR
Cab shield headache rack (protects back of cab)
$497.00
Expanded metal cab shield (Add $299 for strobe beacons mounted on each side of cab shield)
PRT
Pipe rack w /expanded metal basket over cab (for pickup bed)
$1,790.00
Bid Award Announcement (13 -21 -0904) 985
22 of 180
LUIN L:
*Western Jk Northern X Central w Southern
$485.00
BASE PRICE:
$22,221.00 $22,221.00 $22,221.00 $22,221.00
PRU l
Pipe rack w /expended metal basket over cab (for utility body)
$1,790.00
SSMLR
Single ladder rack side mounted (specify street or curbside)
$738.00
PULSE
Single Side Mid Ladder Rack
$229.00
153
Front license bracket
NCB
(Factory ordered only, dealer provided S79)
76C
Backup alarm, factory installed
$124.00
BUA
Backup alarm, dealer installed
$149.00
76V
Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at rear
$469.00
TRANS
of vehicle) - factory installed
$123.60
Restrictions apply, contact dealer for configuration availability.
BUC Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at rear $679.00
of vehicle) - dealer installed
Speck dash or rearvieiv mirror mounted monitor.
FUEL TOOL I Optional equipment - specify $1,887.00
Fuel & Tool Box Combo includes: L Shape Fuel Tank, Tool Box, Electric transfer pump. Hose, No==le, and flow meter -
(ADD SAFE-T- Fire Extinguisher, First Aid Kit, Road Triangles $299)
RNL Optional equipment - specify $1,632.00
Roll —N —Lock Tonneau Cover l
JOTTO
Optional equipment - specify
$485.00
Jotto Computer Mount Stand (Add $299 for 70(hv inverter iv (2) 110v outlets)
WALB
Optional equipment - specify
$1,995.00
Whelen Amber LED Light bar ivith frt take downs, side alleys, & rear arrow stick feature
PULSE
Optional equipment - specify
$229.00
3rd Brake Light Safety Pulse 'Rear Collision Avoidance" (Pulses 3rd Brake Light (4) times upon application of brake pedal
to increase driver awareness behind you when stopping) i
DDT
Labor rate per hour
$95.00
Dealer Domestic Truck
TEMP
Temporary tag
$25.00
TRANS
Transfer existing registration (must provide tag number)
$123.60
Includes nvo ivoy overnight shipping for signature I
TAG
New state tag (specify state, county, city, sheriff, etc.)
$175.70
Includes nvo ivay overnight shipping for signature
BMP345
Maintenance Plan - specify
$385.00
3 yr 45,000 mile(7500 mile intervol, includes a total of (6) visits) (ADD 5635 for diesel).
BMP575
Maintenance Plan - specify
$645.00
5 yr 75,000 mile(7500 mile interval!, includes a total of (10) visits)(ADD $825 for diesel).
BMP6100
Maintenance Plan - specify
$885.00
6 yr 100,000 mile(7500 mile intervall, includes a total of (13) visus)(ADD $815 jor diesel).
EC575
Warranty - specify
$2,165.001
Extra Care 5 yr 75k mile ($0 Ded) (ADD $555 for firelemergency use).
PC575
Warranty - specify
$2,850.00'
Premium Care 5 yr 75k mile (SO Ded)(ADD $555 forftrelennergency use).
Bid Award Announcement (13 -21 -0904) 986
23 of 180
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
PC6100 1
EC575 1
PC575 I
PC6100 1
F -350 SD (F3D)
Alan Jay Ford Lincoln Alan Jay Ford Lincoln Alan Jay Ford Lincoln Alan Jay Ford Lincoln
*Western *Northern * Central * Southern
$22,221.00 $22,221.00 $22,221.00 $22,221.00
Warranty - specify
Premium Care 6 yr 100k mile ($0 Ded)(ADD $555 for frre%mergency use).
Diesel Warranty - specify
Diesel Extra Care 5 yr 75k mile ($0 Ded) (ADD $555 for frre%mergency use).
Diesel Warranty - Specify
Diesel Premium Care 5 yr 75k mile ($0 Ded)(ADD $555 for fire%mergency use)
Diesel Warranty - specify
Diesel Premium Care 6 yr 100k mile (50 Ded) (ADD $555 for fire%nrergency use).
$3,770.001
$2,310.001
$3,055.00
$3,920.00
Bid Award Announcement (13 -21 -0904) 987
24 of 180
■•u • 1�
AGENDA TRANSMITTAL
Subject:
Agenda No. -7L - 13.020
FIND Grant Agreement
Department Origin: City Manager
City Attorney:
A pro for Submittal by:
City Clerk:
Date Submitted: 16 OCT 13
AifAin City Manager
For Agenda Of: 23 OCT 13
Exhibits:
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
$0
$0
$0
SUMMARY
Attached is the grant agreement from the Florida Inland Navigation District (FIND). This
a matching grant, that will provide $157,350 for the refurbishment of the fish house at the
working waterfront.
Assuming approval of the grant, staff will proceed with final design concept.
RECOMMENDATION
Staff recommends approval of the agreement.
25 of 180
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 -9427 TELEPHONE 561-627-M FAX No. 561624 -6480
www.aicw.org
26 of 180
FLORIDA INLAND NAVIGATION DISTRICT
FLORIDA INLAPID
October 07, 2013
kAY(}AT10N RiSTRICT
Mr. Al Minner
City Manager
Community Development
City of Sebastian
COMMISSIONERS
1225 Main Street
Sebastian, FL 32958
GAIL KAVANAGH
CHAIR
ST. LICE COUNTY
RE: Sebastian Working Waterfront
E. TYLER CHAPPELL
VICE -CHAIR
Project # IR- SE -13 -54
BROWARD COUNTY
DONALD J. CUOZZO
SECRETARY
MARTIN COUNTY
Dear Mr. Minner:
J. CARL BLOW
TREASURER
ST. IOHNSCOUNTY
AARON L. BOWMAN
Enclosed for signature are two original project agreements for your approved
DUVALCOUNTY
Waterways Assistance Program project for fiscal year 2013 -2014. Once they
T. SPENCER CROWLEY, 111
MM-DADE COUNTY
have been executed, please return both originals to me for execution by the
PAUL U. DRITENBAS
District. When returning the agreements. you MUST include an executed
INDIANRIVERCOUNTY
Exhibit C, Matching Funds Form. DO NOT SEPARATE THE ATTACHMENTS
CHARLES
FROM THE AGREEMENT. Incomplete agreements will not be executed.
BEACH PALM BEACH COUNTY
PA
SUSANNE McCABE
VOLUSIACOUNTY
I will return one fully executed complete original agreement to you for your
JONATHANS.NETTS
files. Please be sure to refer to the listed project number in all future
FLAGLER COUNTY
correspondence and communication regarding this project. Should you have
JERRY H.SANSOM
BREVARD COUNTY
any questions please contact me.
LYNN A. WILLIAMS
NASSAU COUNTY
Sincerely,
MARK T. CRO
EXECUTIVE DIRECTOR
JANET ZIMMERMAN
(/
ASSISTANT EXECUTIVE
Janet Zimmerman
DIRECTOR
Assistant Executive Director
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 -9427 TELEPHONE 561-627-M FAX No. 561624 -6480
www.aicw.org
26 of 180
IL
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. IR- SE -13 -54
This PROJECT AGREEMENT made and entered into this
day of
, 20 by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT "), and the City of Sebastian, (hereinafter the "PROJECT
SPONSOR ").
In consideration of the mutual promises and covenants contained herein, the parties agree as
follows:
1. PROJECT - Subject to the provisions of this Agreement and Rule 6613-2 of the
Florida Administrative Code (Exhibit "B "), the DISTRICT has determined to provide assistance
funding to the PROJECT SPONSOR in furtherance of an approved project ( "PROJECT ")
consisting of the Sebastian Working Waterfront. Said project is more specifically described in the
PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT
headquarters.
Any modifications to the PROJECT'S scope of work shall require written advance notice
and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT
prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and
shall complete the PROJECT and submit all required payment reimbursement information
on or before September 1, 2015, unless the PROJECT period has been extended with the prior
written approval of the DISTRICT. In no event other than a declared state of emergency that affects
the project completion shall the PROJECT period extend beyond three (3) years from October 1,
2013. The PROJECT SPONSOR acknowledges this is the only provision to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 2016, and that any
extension of funding beyond this date shall be at the sole discretion of the DISTRICT.
Any request for extension of funding beyond the dates set forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no
later than 60 days prior to the original project agreement expiration. This request will then be
considered by the DISTRICT Board, whose decision shall be final.
27 of 180
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fiftv percent
50% of the PROJECT SPONSOR'S out -of- pocket costs for completion of this PROJECT
( "PROJECT AMOUNT "). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the
"ASSISTANCE AMOUNT ") will be on a reimbursement basis only, and only for those authorized
PROJECT COSTS as shown in Exhibit A and meeting the requirements of Paragraph 5 below and
shall not, in any event, exceed $157,350.00.
Any modifications to the PROJECT'S Cost Estimate (Exhibit A) shall require written
advance notice and justification from the PROJECT SPONSOR and the prior written approval of
the DISTRICT.
4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it
has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE
AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this
Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds
using DISTRICT Form #95 -01 (Exhibit C), and including upon request, providing the DISTRICT
with access to applicable books and records, financial statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient
accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are
generally described in Exhibit A. PROJECT COSTS must be incurred and work performed within
the PROJECT period, with the exception of pre- agreement costs, if any, consistent with Paragraph 6
below, which are also eligible for reimbursement by the DISTRICT.
6. PRE - AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully
understand and agree that there shall be no reimbursement of funds by the DISTRICT for any
obligation or expenditure made prior to the execution of this Project Agreement unless previously
delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT
Board during the grant review process.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the
DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90 -14) attached
as Exhibit D. Supporting documentation including bills and canceled payment vouchers for
expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON
AGENT with any payment request. All records in support of the PROJECT COSTS included in
2
28 of 180
payment requests shall be subject to review and approval by the DISTRICT or by an auditor
selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT, upon
submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT
shall retain ten percent (10 %) of each installment payment until the completion of the PROJECT.
The following costs, if authorized in the attached Exhibit A, shall be reimbursed only upon
completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with
Exhibit B: personnel, equipment, project management, administration, inspection, and design,
permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has
otherwise fully complied with the requirements of the Agreement, reimbursement for all
PROJECTS approved as Phase I projects will be made only upon commencement of construction of
the PROJECT for which the Phase I planning, designing, engineering and/or permitting were
directed, which may or may not involve further District funding. Procedures set forth below with
respect to reimbursement by the District are subject to this requirement of commencement of
construction.
The DISTRICT shall have the right to withhold any payment hereunder, either in whole or
part, for non - compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the
PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT
AMOUNT less any prior installment payments. The Payment amounts previously retained by the
DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the
PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of
the DISTRICT, (3) submission of Project Completion Certification Form No. 90 -13 (Exhibit E),
and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17.
Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented
by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or
public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records
supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the
Final Payment is released by the DISTRICT, except that such records shall be retained by the
PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or
special audit that starts prior to the expiration of the three -year retention period.
3
29 of 180
10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement,
either in whole or part as it may determine, of the funds provided hereunder for noncompliance by
the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from
the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT.
The provisions of this paragraph shall survive completion of the PROJECT.
11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is
hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement
and shall be responsible for monitoring performance of its terms and conditions and for approving
all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a
LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of
the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the
Project Agreement.
13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall
submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports
are to be on Form #95 -02 (Exhibit F). Project design drawings, engineering drawings, and a copy
of the Project bid award construction item cost list will be submitted as available. Photographs shall
be submitted when appropriate to reflect the work accomplished. NON - COMPLIANCE by the
PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this
Agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state
and local permits and proprietary authorizations, and all applicable laws and regulations in the
development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall
be designed and constructed in compliance with state and federal statutory requirements for
accessibility by handicapped persons as well as all other federal, state and local laws, rules and
requirements.
15. NON - DISCRIMINATION - The PROJECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on a non - exclusive basis, to the general public
without regard to age, sex, race, physical handicap, or other condition, and without regard to
residency of the user in another political subdivision. When such is required, adequate parking shall
be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons
for which the PROJECT is being developed.
4
30 of 180
16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT
site shall be dedicated for the public use for a minimum period of twenty -five (25) years prior to or
immediately following completion of the PROJECT, such dedication to be in the form of a deed,
lease, management agreement or other legally binding document. Any change in such dedication
shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence
of such dedication within the Public Records of the County in which the PROJECT is located.
17. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR
shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the
project entrance of the completed project, which shall indicate that the DISTRICT contributed funds
for the PROJECT. The wording of the sign required by this paragraph shall be approved by the
DISTRICT's staff before construction and installation of said sign. This sign shall contain the
DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the
PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's
participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the
DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations.
18. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR
agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements
and will pay all expenses required for such purposes. The PROJECT improvements shall be
maintained in accordance with the standards of maintenance for other local facilities owned and
operated by project sponsor, and in accordance with applicable health standards. PROJECT
facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it
has full legal authority and financial ability to operate and maintain said PROJECT facilities and
improvements.
19. FEES — Any fees charged for this PROJECT shall be reasonable and the same for
the general public of all member counties. The PROJECT SPONSOR must demonstrate that a
minimum of fifty percent (50 %) of the PROJECT fees will be utilized for project maintenance and
improvements throughout the anticipated 25 -year life of a development project or the design life of
other project types, as applicable.
20. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors and agents. However, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity under Section
5
31 of 180
768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its
employees, commissioners and agents are solely providing funding assistance for the PROJECT and
are not involved in the design, construction, operation or maintenance of the PROJECT.
21. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
22. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall
inure to the benefit of and be binding upon the parties hereto and their respective successors and
assigns, and shall, unless the context clearly requires otherwise, survive completion of the
PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder
without the express prior written consent of the DISTRICT.
23. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be
deemed a waiver of any other breach of the same or different provision.
24. NOTICE - Any notice required to be given pursuant to the terms and provisions of
this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt
requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be
effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477 -9498
To the PROJECT SPONSOR at:
City of Sebastian
Attention: City Manager, Community Development
1225 Main Street
Sebastian, FL 32958
25. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is
that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to
be, an agent, partner, or joint venturer with the PROJECT SPONSOR.
26. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
27. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. In the event
0
32 of 180
the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties
not now a part of this document, other than another governmental entity that agrees to assume, in
writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full
reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided
by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless
of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement.
28. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a
part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior
oral and written communications between them. The terms hereof may be modified only by a
written amendment signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT
By:
Executive Director
DATE:
WITNESSES:
Title:
DATE:
7
33 of 180
40
Exhibit A
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM 2013
PROJECT COST ESTIMATE
(See Rule Section 6611-2.005 & 2.008 for eligibility and funding ratios)
PROJECT TITLE: Sebastian Working Waterfront
APPLICANT: City of Sebastian, Florida
Form No. 90 -25 (New 10/14/92, Revised 04- 24 -06)
Agenda - 10 -
34 of 180
EXHIBIT B
CHAPTER 6613-2 - WATERWAYS ASSISTANCE PROGRAM (2012)
66B -2.001
Purpose
66B -2.002
Forms
6613-2.003
Definitions
6613-2.004
Policy
6613-2.005
Funds Allocation
66B -2.006
Application Process
66B - 2.0061
Emergency Applications
66B -2.008
Project Eligibility
66B -2.009
Project Administration
6613-2.011
Reimbursement
6613-2.012 Accountability
66B -2.013 Acknowledgement
66B -2.014 Small -Scale Spoil Island Restoration and Enhancement Projects
66B -2.015 Small -Scale Derelict Vessel Removal Projects
66B -2.016 Waterways Cleanup Events
66B -2.001 Purpose.
Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting
problems associated with the construction, continued maintenance and use of these waterways, the Florida
Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district
to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this
rule is to set forth the District's policy and procedures for the implementation of an assistance program
under Section 374.976, F.S., for local governments, member counties and navigation related districts within
the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways
Assistance Program.
Rulemaking Authority 374.976(1) FS Law Implemented 374.976(1) FS. History -New 12- 17 -90, Formerly 16T- 2.001.
6613-2.002 Forms.
All forms for the administration of this program are available from the District office located at 1314
Marcinski Road, Jupiter, Florida 33477.
Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS. History -New 12- 17 -90, Formerly 16T- 2.001.
6613-2.003 Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT' means an eligible governmental agency submitting an application through this
program.
(2) "APPLICATION" means a project proposal with the required documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting
applications to the District.
(4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment,
renourishment or restoration of a beach.
(5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District.
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and
navigation related districts within the taxing boundaries of the District.
(8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or
general permits for construction below mean high water line of a navigable waterway required and issued
by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection,
35 of 180
EXHIBIT B
and the South Florida or the St. Johns River Water Management Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation
District.
(10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the
applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments,
which are located within the member counties.
(12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic
arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible
waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and
economic parameters of the planning area.
(13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project.
(14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which
includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach,
Broward and Miami -Dade Counties.
(15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other
agency having legally authorized navigation related duties in waterways of the District.
(16) "PRE- AGREEMENT COSTS" means project costs approved by the District Board which have
occurred prior to the execution of the project agreement.
(17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program.
(18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to
the project sponsor pursuant to the terms of the project agreement.
(19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements
or expenses for the use and benefit of the general public.
(20) "PROJECT AGREEMENT' means an executed contract between the District and a project
sponsor setting forth mutual obligations regarding an approved project.
(21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement,
adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition,
or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the
routine recurring work required to keep the project or grant item in such condition that it may be
continuously used at its original or designed capacity and efficiency for its intended purpose.
(22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the
performance of the Project and compliance with the project agreement.
(23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged
to the funded project.
(24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds
pursuant to an approved application.
(25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned
or operated by a governmental entity, or operated by a third party operator. The building or facility must
provide waterway related information, public meeting space, or educational services and be open to
members of the public on a continual basis without discrimination.
(26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or
storage, the services of which are open to the general public on a first come, first served basis without any
qualifying requirements such as club membership, stock ownership, or differential in price.
(27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any
publicly owned area specifically designed to be used for staging, launching, or off - loading by commercial
or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the
District's waterways to serve the infrastructure needs of the District's waterway users.
(28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and
36 of 180
EXHIBIT B
budget of the District.
(29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the
Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off
Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks
or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering
or extending from said waterways.
(30) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary
holistic process by which the learner: develops an awareness of the natural and manmade environments of
waterways; develops knowledge about how the environment of the waterways works; acquires knowledge
about the technological, social, cultural, political, and economic relationships occurring in waterway related
environmental issues; and, becomes motivated to apply action strategies to maintain balance between
quality of life and quality of the environment of waterways.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12- 17 -90, Amended 9 -2 -92, 2 -6-
97, Formerly 16T- 2.003, Amended 5- 17 -98, 3- 21 -01, 3- 20 -03, 3 -3 -04, 4- 21 -05, 4- 24 -06, 4- 15 -07, 3- 25 -08, 3 -7 -11.
668 -2.004 Policy.
The following constitutes the policy of the District regarding the administration of the program:
(1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to
eligible governmental agencies for approved projects as follows:
(a) Member counties may be provided financial assistance, support or cooperation in planning,
acquisition, development, construction, reconstruction, extension, improvement, operation or the
maintenance of public navigation, local and regional anchorage management, beach renourishment, public
recreation, inlet management, environmental education, maritime management plans, and boating safety
projects directly related to the waterways.
(b) Eligible local governments may also be provided financial assistance, support and cooperation in
planning and carrying out public navigation, local and regional anchorage management, beach
renourishment, public recreation, inlet management, environmental education, and boating safety projects
directly related to the waterways.
(c) Navigation related districts may be provided with financial assistance to pay part of the costs of the
planning and acquisition of dredge material management sites if the Board finds that the site is required for
the long -range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the
development and operational criteria established by the District through a long -range dredge material
management plan for that county. Navigation related districts may also be provided with assistance for
waterway related access projects, environmental mitigation projects associated with waterway
improvement related activities, inlet channel maintenance, and inlet management projects if the Board finds
that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related
districts shall contribute at least equal matching funds to any District financial assistance provided.
Seaports may also be furnished assistance and support in planning and carrying out environmental
mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each
seaport shall contribute matching funds for funded projects.
(d) Eligible projects shall include the acquisition and development of public boat ramps and launching
facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule
6613- 2.003, F.A.C.
(2) Notification: The District will notify by direct mail and/or advertised public notice all eligible
governmental agencies of the program and the upcoming authorized submission period. Funding
allocations to navigation related districts, member counties and local governments shall be based upon the
proportional share of the District's ad valorem tax collections from each county.
(3) Project Approval: Approval of projects by the District shall be in accordance with these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be
37 of 180
EXHIBIT B
made available to the general public of all of the member counties on a non - exclusive basis without regard
to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by
program funds, shall not require a paid membership for the general public of all of the member counties as
a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in
whole or in part by program funds, however such fees shall be reasonable and shall be the same for the
general public of all of the member counties.
(5) Waterway Impacts: All development projects must be designed so as not to impact navigation
along the District's waterways through the placement of structures, attendant uses, or the necessity of a
boating speed zone for safety purposes. Before applying for boating speed zone designation in District
waterways because of a project funded by this program, the sponsor shall first receive approval from the
Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve
the proposed boating speed zone.
(6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and
management of the project for the anticipated life of the project and shall be responsible for all expenses
required for such purposes. The project shall be maintained in accordance with the standards of
maintenance for other similar local facilities and in accordance with applicable health standards. Project
facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The project sponsor shall have full legal authority and financial
ability to operate and maintain the project facilities.
(7) Education Facilities and Programs: Waterways related environmental education facilities and
programs sponsored by the District shall occur at specially designated environmental education facilities
located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental
education efforts in the least number of facilities within an area that will adequately serve the education
needs of that area of the District.
(8) Public Information Availability: Public information produced with assistance from this program
shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the
public.
(9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient
oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will
include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating
hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third
party projects shall be open to the public in accordance with this rule.
(10) Non - compliance: The District shall terminate a project agreement and demand return of program
funds disbursed to the project sponsor for non- compliance with any of the terms of the project agreement or
this rule, if such non - compliance calls into question the ability of the applicant to complete the project.
Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result
in the District declaring the project sponsor ineligible for further participation in the program until such
time as compliance has been met to the satisfaction of the District.
(11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee
must create and maintain an enterprise fund for the public project that shall plan for and retain at all times
sufficient funds for the on -going maintenance of the facility during its project life. Accounting records of
the previous five years of the public project's enterprise fund will be submitted as part of any subsequent
assistance program application to the District.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History —New 12- 17 -90, Amended 2 -3 -94,
2 -6 -97, Formerly 16T- 2.004, Amended 5- I8 -98, 3- 31 -99, 5- 25 -00, 3- 21 -01, 7- 30 -02, 3 -3 -04, 4- 21 -05, 4 -1 -09, 2- 22 -10,
3 -7 -11, 3 -7 -12.
66B -2.005 Funds Allocation.
The Board will allocate funding for this program based upon the District's overall goals, management
38 of 180
EXHIBIT B
policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be
available for the program, the District will notify potential eligible governmental agencies of the
availability of program funding. Applications will be reviewed by the Board utilizing District Forms No.
91 -25 and 91 -25 (a) through (f) Waterways Assistance Program Application Evaluation and Rating
Worksheet (effective date 4- 24 -06); and 93 -25 and 93 -25 (a), (b) and (c) Waterways Assistance Program
Navigation Districts Application Evaluation and Rating Worksheet (effective date 4- 24 -06), hereby
incorporated by reference and available from the District office.
(1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and
operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to
eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county
in which such agencies are located. The District may make an exception to this funding limitation, if funds
are determined to be available based upon the District's overall goals, management policies, fiscal
responsibilities and operational needs, or in counties that are recovering from a state of emergency declared
under Chapter 252, F.S.
(2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall
require, at a minimum, equal matching funds from the project sponsor, with the exception of public
navigation projects that meet the provisions of subsection 66B- 2.005(6), F.A.C., land acquisition projects in
accordance with subsection 66B- 2.005(7) and Rule 66B- 2.008, F.A.C., small -scale spoil island restoration
and enhancement projects that meet the provisions of Rule 66B- 2.014, derelict vessel projects consistent
with Rule 6613- 2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 6613- 2.0016, F.A.C.
Applicant's in -house costs are limited pursuant to paragraph 66B- 2.008(1)(c), F.A.C. All financial
assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty
percent (50 %) of the local share of the cost of an inlet management or beach renourishment project. The
District shall not contribute funding to both the state and local shares of an inlet management or beach
renourishment project.
(3) Pre- agreement Expenses: The project sponsor shall not commence work on an approved project
element prior to the execution of the project agreement unless authorized by the Board during the review
and funding approval process. Board authorization of pre - agreement expenses will be given for the
commencement of work prior to the execution of a project agreement if the Board determines that there is a
benefit to the District, its waterways or its constituents. All project costs must be incurred and work
performed within the project period as stipulated in the project agreement unless pre- agreement costs are
approved by the Board. Pre - agreement expenses will be approved if they are consistent with the provisions
of Rule 66B- 2.008, F.A.C., and occur within the fiscal year of the grant application submission (October
1st to September 30th). Pre - agreement expenses, except for projects approved by the Board as multi -year
projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible
project expenses in accordance with this rule. Only one -half (1/2) or less of the approved pre- agreement
expenses will be eligible for reimbursement funding from the District, except for projects approved by the
Board as multi -year projects. The Board shall consider a waiver of the limitation on pre - agreement
expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant
demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of
Chapter 66B -2, F.A.C.
(4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple
phases, have a construction time line of one year or longer, or are requesting a significant amount of
assistance funding in relation to the total assistance available for the county where the project is located,
will be reviewed and approved by the District Board for a multiple year period subject to budgeting and
allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide
assistance funding on a multi -year basis can be made at any time during the application review process. All
approved multi -year projects are limited to a maximum of two (2) additional funding requests.
(5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of
39 of 180
•
EXHIBIT B
inlet management and beach renourishment shall be subject to the following provisions. The District shall
contribute no more than fifty percent of the local share of the cost of the project. The District shall not
contribute funding to both the state and local shares of an inlet management or beach renourishment
project. Funding for the construction phase of an inlet management or beach renourishment project may be
approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to
the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet
management or beach renourishment projects:
(a) Inlet Management: Inlet management projects shall benefit public navigation within the District
and shall be consistent with Department of Environmental Protection approved inlet management plans and
the statewide beach management plan pursuant to Section 161.161, F.S. Inlet management projects that are
determined to be consistent with Department of Environmental Protection approved inlet management
plans are declared to be a benefit to public navigation.
(b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach
management plan. Beach renourishment projects shall only include those beaches that have been adversely
impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The
determination of beach areas that are adversely impacted by navigation for the purposes of this program
shall be made by Department of Environmental Protection approved inlet management plans. If state
funding is not provided for a beach project, public access with adequate parking must be available in
accordance with Chapter 161, F.S.
(6) Public Navigation: Projects or project elements in the category of public navigation that will
qualify for up to seventy-five percent (75 %) program funds must be within the Intracoastal Right -of -Way
(ROW), or provide public navigation channel access to two or more public accessible launching, mooring
or docking facilities. In addition, the following shall apply:
(a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel
sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and
amount of shoaling is such that dredging will provide an improvement to the channel that will last for
twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of
shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the
dredging project.
(b) Navigation channel lighting and markers must be located on primary or secondary public
navigation channels.
All other public navigation projects or project elements must have a minimum of one facility open to the
public and will only qualify for up to fifty percent (50 %) program funding. Dredging that is associated or
ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated
use.
(7) Land Acquisition: All land acquisition projects shall qualify for a maximum of twenty-five (25)
percent program funding. All pre - agreement expenses for land acquisition must be completed within one -
year of the date of application for funding. All funded land acquisition projects must construct the required
boating access facility within 7 years of completion of the land acquisition, or the District may require the
applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall
record a declaration of covenants in favor of the District stating that if the required boating access facility is
not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum
period of 25 years after completion of construction, the District shall require the applicant to refund the
program funding.
(8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of
the District's ad valorem tax collections as set forth in subsection 66B- 2.005(1), F.A.C., from the county in
which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's
activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an
amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in
40 of 180
EXHIBIT B
subsection 66B- 2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding
allocated in the same fiscal year to all other local government projects funded in those counties.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS History —New 12- 17 -90, Amended 6- 24 -93,
9 -5 -96, 2 -6 -97, Formerly 16T- 2.005, Amended 5- 17 -98, 8- 26 -99, 3- 21 -01, 7- 30 -02, 3 -3 -04, 4- 21 -05, 4- 24 -06, 4- 15 -07,
3- 25 -08, 4 -1 -09, 3 -7 -11, 3 -7 -12, 4- 10 -13.
6613-2.006 Application Process.
(1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale
Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and
Waterway Cleanup Events, all applications for assistance through this program will be submitted during the
authorized submission period that shall be established by vote of the Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project
Application FIND Form Number 90 -22 (effective date 4- 24 -06) and 93 -22a, Project Information
Navigation Related Districts (effective date 4- 24 -06) are hereby incorporated by reference and available
from the District office. With the exception of projects eligible under the Small -Scale Spoil Island
Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway
Cleanup Events, all applications for financial assistance and support through this program from member
counties and local governments shall be made on Form Number FIND 90 -22 and shall include a detailed
cost estimate submitted on FIND Form No. 90 -25, Florida Inland Navigation District Assistance Program
Project Cost Estimate, (effective date 4- 24 -06), hereby incorporated by reference and available from the
District office. All applications for financial assistance and support through this program from navigation
related districts shall be made on FIND Form Number 93 -22 (effective date 4- 24 -06), hereby incorporated
by reference and available from the District office, and shall include a detailed cost estimate submitted on
FIND Form No. 90 -25. In addition, all applicants shall submit a complete and detailed Project Timeline
(FIND FORM No. 96 -10) (effective date 4- 15 -07).
(3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official
resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-
21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program
(effective date 10- 14 -92), hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: If the application is for a project that is a land based development project
the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94 -26 (effective date 5-
25-00), hereby incorporated by reference and available from the District office.
(5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the
following geographic information: A County location map, a project location map, a project boundary map,
and a clear and detailed site development map for land development projects.
(6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No.
90 -26 prior to submitting the application to the District office. It is the applicant's responsibility to make
timely arrangements for the local FIND Commissioner's review. In the absence of extenuating
circumstances outside of the applicant's control as determined by the Board of Commissioners, an
application shall not be considered complete if it does not include the local FIND commissioner's initials
on Form No. 90 -26. Upon receipt in the District office, staff will review the applications for completeness
of the informational requirements identified in the Application Checklist, FIND Form Number 90 -26
(effective date 7- 30 -02), and for compliance with the eligibility requirements of this rule. When an
application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant
by mail. The applicant will then have until the date established by the Board in the application package to
bring the application into compliance. If the applicant fails to provide a complete application in compliance
with these rules, the application will not be considered for funding. In order to have a complete application,
the applicant shall not only submit the forms required under Rule 6613- 2.006, F.A.C., and any other
information requirements identified in the Application Checklist (FIND Form Number 90 -26), but such
41 of 180
EXHIBIT B
forms and other submitted information must be completely filled out, executed as applicable, and also
establish compliance with Chapter 6613-2, F.A.C.
(7) Interlocal Agreements: Applications that the Board determines will directly benefit the
maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range
dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway
channel as documented by the District's long range dredged material management plan, will directly
benefit the maintenance or improvement of District property, right -of -way or navigation interests, or have
multiple funding partners including the Corps of Engineers as the project manager can qualify for project
assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S.
District staff will identify these applications and present them to the Board for their determination as to
funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -
agreement expenses, permitting and property control requirements.
(8) Application Presentations: Applications determined to be complete and in compliance with this rule
will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled
meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written
request.
(9) Application Evaluation and Rating Score: Following the presentations, the Board will review the
applications and evaluate them using the Waterways Assistance Program Application Evaluation and
Rating Worksheets No. 91 -25 (a thru f) for Waterways Assistance Program applications, and 93 -25 (a, b
and c) Waterways Assistance Program Navigation Related Districts applications. The total points awarded
to each application by the Commissioners will be averaged to determine an application's final rating score.
The final rating score for each application must equal or exceed 35 points for the application to be
considered for funding assistance. Reconsideration of any application with a final rating score of less than
35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal
to or exceeding 35 points and two -thirds of the Commissioners vote for reconsideration of the application.
Only Applicants that are eligible under Rule 6613- 2.0061, F.A.C., "Disaster Relief Applications ", shall
complete FIND Form No. 91 -25F Emergency Re- Construction (effective date 4- 24 -06).
(10) Funding Determination: The Board will hold a funding allocation meeting at which time the
Board will determine the allocation of funds, if any, to each project and the projects will be ranked by
overall average score to facilitate final funding decisions by the Board. Allocations will be based in part
upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form.
Allocations will also be based upon the specific needs of the individual counties.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12- 17 -90, Amended 9 -2 -92, 6 -24-
93, 4- 12 -95, Formerly 16T- 2.006, Amended 5- 25 -00, 3- 21 -01, 7- 30 -02, 3- 20 -03, 4- 21 -05, 4- 24 -06, 4- 15 -07, 3- 25 -08, 3-
7-11.
66B- 2.0061 Disaster Relief Applications.
Disaster Relief applications may be submitted to the District and considered by the Board at any time
during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and
repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall
consider these applications in accordance with these rules.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 6- 24 -93, Amended 2 -6-97,
Formerly 16T- 2.0061, Amended 4- 24 -06.
668 -2.008 Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program shall be used to plan or
carry out public navigation and anchorage management, public recreation, environmental education,
boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial
waterway access directly related to the waterways, acquisition and development of public boat ramps,
42 of 180
EXHIBIT B
launching facilities and boat docking and mooring facilities, inlet management, maritime management
planning, environmental mitigation and beach renourishment.
(a) Program funds may be used for projects such as acquisition, planning, development, construction,
reconstruction, extension, or improvement, of the following types of projects for public use on land and
water. These project types will be arranged into a priority list each year by vote of the Board. The priority
list will be distributed to applicants with the project application.
1. Public navigation channel dredging;
2. Public navigation aids and markers;
3. Inlet management projects that are a benefit to public navigation in the District;
4. Public shoreline stabilization directly benefiting the District's waterway channels;
5. Acquisition and development of publicly owned spoil disposal site and public commercial /industrial
waterway access;
6. Waterway signs and buoys for safety, regulation or information;
7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching
facilities;
8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring
facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and facilities;
11. Public fishing and viewing piers;
12. Public waterfront parks and boardwalks and associated improvements;
13. Maritime Management Planning;
14. Waterways boating safety programs and equipment;
15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project; and
16. Environmental restoration, enhancement or mitigation projects, and
17. Other waterway related projects.
(b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching
funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment,
ball - courts, park and playground equipment, and any extraneous recreational amenities not directly related
to the waterway such as the following:
1. Landscaping that does not provide shoreline stabilization or aquatic habitat;
2. Restrooms for non - waterway users;
3. Roadways providing access to non - waterway users;
4. Parking areas for non - waterway users;
5. Utilities for non - waterway related facilities;
6. Lighting for non - waterway related facilities;
7. Project maintenance and maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels; and
10. Operational items such as fuel, oil, etc.
11. Office space that is not incidental and necessary to the operation of the main eligible public
building; and
12. Conceptual project planning, including: public surveys, opinion polls, public meetings, and
organizational conferences.
(c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense
list:
1. The following project costs will be eligible for program funding or as matching funding if they are
performed by an independent contractor:
43 of 180
EXHIBIT B
a. Project management, administration and inspection;
b. Design, permitting, planning, engineering or surveying costs for completed construction project;
c. Restoration of sites disturbed during the construction of an approved project;
d. Equipment costs.
Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a
construction contract for the project, approved and executed by the project sponsor and project contractor
must be submitted to the District.
2. Marine fire- fighting vessels are eligible for a maximum of $60,000 in initial District funding.
Marine law enforcement and other vessels are eligible for a maximum of $30,000 in initial District funding.
All future replacement and maintenance costs of the vessel and related equipment will be the responsibility
of the applicant.
3. Waterway related environmental education facility funding will be limited to those project elements
directly related to the District's waterways.
(d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased
project where Phase I will include the design, engineering and permitting elements and Phase II will
include the construction of the project. A description and cost estimate of the Phase I1 work shall be
submitted along with the Phase I application for Board review.
(2) Property Control: The site of a new proposed land -based development project, with the exception
of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be
dedicated for the public use for which the project was intended for a minimum period of 25 years after
project completion. Such dedication shall be in the form of a deed, lease, management agreement or other
legally binding document and shall be recorded in the public property records of the county in which the
property is located. This property control requirement also applies to a project site owned by another
governmental entity. The governmental entity that owns the project site may be joined as a co- applicant to
meet this property control requirement. Existing land based development projects that are being repaired,
replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25
years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated
for public use if
(a) The property has been designated for the use for which the project is intended (even though there
may have been no formal dedication) in a plat or map recorded prior to 1940, or
(b) The project sponsor demonstrates that it has had exclusive control over the property for the public
use for which the project is intended for a period of at least 30 years prior to submission of the application,
or
(c) There is no ongoing litigation challenging the designated use of the property as shown on the plat
or map, nor has there been any judicial determination contrary to the use by the public for the use shown on
the plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state
and local permits, laws, proprietary authorizations and regulations in the development and operation of the
project. Applicants for construction projects that include elements that require state or federal
environmental permits or proprietary authorizations will demonstrate that all required environmental
permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration
will be by submission of the required environmental permit(s) and authorizations, or by submission of a
letter from the agency(s) stating that a permit or authorization is not required. Should the environmental
permitting element of an application that has construction elements requiring state or federal environmental
permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of
the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM
hearing, the District will not deviate from the funding schedule to accommodate any application deficiency.
(4) Public Marina Qualifications: All public marina projects funded through this program shall include
sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility
44 of 180
EXHIBIT B
is physically, operationally or economically impracticable. All public marina projects funded through this
program shall have at least ten percent (10 %) of their slips or mooring areas available for transient vessels.
Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas.
The public marina will be required to establish and maintain an accounting of the funds for the facility and
shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its
project life.
(5) The District may assist eligible local governments with efforts to prepare and implement a
comprehensive maritime management plan. The plan shall be utilized by the eligible government to
promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and
prioritizing the waterway access needs of the community. The plan should not duplicate any existing or
ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that
does not address the basic maritime needs of the community.
(a) The District shall participate in one plan per County. Existing plans may be updated at reasonable
intervals or amended to include waterway areas previously not included in the original effort. Public,
government, environmental, industry and other pertinent interest groups shall be solicited and included for
input in the planning process.
(b) The plan shall be utilized as a tool to provide a minimum 5 -year planning analysis and forecast for
the maritime needs of the community, and shall include, at minimum, the following:
1. Public boat ramp and ramp parking inventory and analysis.
2. Public mooring and docking facility analysis, including day docks and transient slips.
3. Commercial and working waterfront identification and needs analysis.
4. The identification, location, condition and analysis of existing and potential navigation channels.
5. An inventory and assessment of accessible public shorelines.
6. Public Waterway transportation needs.
7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and
restoration opportunities.
8. Economic conditions affecting the boating community and boating facilities.
9. Acknowledgment and coordination with existing data and information, including an emphasis on the
Intracoastal Waterway.
(c) Projects requested for assistance program funding shall be consistent with the applicant's maritime
management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement
projects.
(6) All eligible environmental restoration, enhancement or mitigation projects as well as the
environmental restoration, enhancement or mitigation components of other types of projects shall be
required to assign the mitigation credits to the District for that share of the project funded through the
District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects
shall provide public access where possible.
(7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific
project costs.
Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) -(3) FS. History -New 12- 17 -90, Amended 9 -2 -92,
6- 24 -93, 2 -3 -94, 442 -95, 9 -5 -96, 2 -6 -97, Formerly 16T- 2.008, Amended 5- 17 -98, 3- 31 -99, 5- 25 -00, 3- 21 -01, 7- 30 -02,
3- 20 -03, 3 -3 -04, 4-15-07,3-25-08, 4-1-09,2-22-10,3-7-11, 3 -7 -12.
45 of 180
IWA - -. - -
66B -2.009 Project Administration.
The District will appoint a project manager who shall be responsible for monitoring the project and the
project agreement. The project manager shall also be responsible for approving all reimbursement requests.
The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's'staff, to
act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as
follows:
(1) Project Agreement: For each funded project, the District and the project sponsor will enter into a
project agreement. The project agreement shall be executed and returned by the project sponsor within six
(6) months of the approval of the project funding and prior to the release of program funds, setting forth the
mutual obligations of the parties concerning the project. The project agreement shall incorporate the
applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a
two -year period with the possibility for one, one -year extension. Any request for a one -year extension of
funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no
later than July of fiscal year two of the approved project. This request will then be considered by the
DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into
consideration the current status and progress of the project and the ability of the applicant to complete the
project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of
the matching funds it will be using to match the program funds supplied by the District for an approved
project. The project sponsor shall provide suitable evidence that it has the matching funds available at the
time the project agreement is executed.
(3) Agreement Modification: All proposed changes to the project agreement must be submitted to the
District in writing by the project sponsor accompanied by a statement of justification for the proposed
changes. All project agreement amendments shall be approved by the District Board, except that the
Executive Director may approve a minor project agreement amendment for a project within a county with
the local District commissioner's concurrence. A minor project amendment shall not change the approved
project's category, result in a reallocation of more than 35% of the approved funding of the project among
project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project
agreement amendments will not include a change to the approved project's location or a change in the
approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to
the project agreement and shall be in compliance with these rules.
(4) Project Reporting: The liaison agent will submit quarterly reports to the project manager
summarizing the work accomplished since the last report, problems encountered, percentage of project
completion and other appropriate information. These reports shall continue throughout the length of the
project period until completion of the project. The report shall be submitted on Form 95 -02, "Assistance
Program Project Quarterly Status Report", dated 7- 30 -02, hereby incorporated by reference and available at
the District office.
(5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during
the project period in accordance with Rule 6613- 2.011, F.A.C. The project manager will approve or
disapprove all reimbursement requests. The final payment of program funds will be made upon certified
completion of the project by the District.
(6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the
project and any and all records relating to the project.
(7) Project Completion: The project shall be completed within three (3) years of the date of the
beginning of the District's first fiscal year for which the project was approved. If the completion of a
project is impacted by a declared state of emergency and the Board waives this rule section, the extension
of time granted shall not exceed one additional three (3) year period.
(8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide
the following to the project manager:
46 of 180
M ■
(a) A Project Completion Certificate, FIND Form No. 90 -13 (effective date 7- 30 -02), hereby
incorporated by reference and available from the District office, which certifies that the project was
completed in accordance with the project agreement and the final project plans.
(b) A final reimbursement request accompanied by all required billing statements and vouchers.
(c) Photograph(s) showing the installation of the sign required by Rule 6613- 2.013, F.A.C.
(d) Photograph(s) of the completed project clearly showing the program improvements.
(9) Project Completion Review: The project manager will review the project completion package and
will authorize or reject the final reimbursement payment which will include all retained funds from
previous requests.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History -New 12- 17 -90, Formerly 16T- 2.009,
Amended 3- 21 -01, 7- 30 -02, 3 -7 -11.
6613-2.011 Reimbursement.
The District shall release program funds in accordance with the terms and conditions set forth in the project
agreement. This release of program funds shall be on a reimbursement only basis. The District shall
reimburse the project sponsor for project costs expended on the project in accordance with the project
agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form
and required supporting documents, FIND Form No. 90 -14 (effective date 7- 30 -02) hereby incorporated by
reference and available from the District office.
(1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project
agreement cost estimate that was approved by the Board, which shall be an attachment to the project
agreement. This cost estimate will establish the maximum funding assistance provided by the District and
the percentage of funding provided by each party to the project. The District will pay the lesser of:
(a) The percentage total of project funding that the Board has agreed to fund, or
(b) The maximum application funding assistance amount.
(2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase
I application until a construction contract is executed by the applicant for the construction phase of the
project. If the Phase I project is completed but a construction contract is not executed by the three (3) year
project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter
into the required construction contract before the Phase I funding is cancelled.
(3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the
Reimbursement Request Form. All requests for reimbursement shall include supporting documentation
such as billing statements for work performed and cancelled payment vouchers for expenditures made.
(4) Retainage: The District shall retain ten percent (10 %) of all reimbursement payments until final
certification of completion of the project. The District shall withhold any reimbursement payment, either in
whole or part, for non - compliance with the terms of this agreement.
(5) Check Presentations: A District representative shall present the final reimbursement check to the
project sponsor during a public commission meeting or public dedication ceremony for the project facility.
(6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the
project costs from another source that was not identified in the original application and that changes the
agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program
funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall
promptly notify the District of any project payments it receives from a source other than the District.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12- 17 -90, Amended 6- 24 -93,
Formerly 16T- 2.011, Amended 3- 31 -99, 7- 30 -02, 3 -7 -11.
66B -2.012 Accountability.
The following procedures shall govern the accountability of program funds:
(1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets
47 of 180
EXHIBIT B
generally accepted accounting principles and for maintaining such financial records as necessary to
properly account for all program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in
accordance with subsection 66B- 2.009(4), F.A.C.
(3) Completion Certification: All required final completion certification documents and materials as
outlined in subsection 66B- 2.009(8), F.A.C., of this rule shall be submitted to the District prior to final
reimbursement of program funds.
(4) Auditing: All project records including project costs shall be available for review by the District or
by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses
incurred shall be home entirely by the project sponsor.
(S) Project Records: The project sponsor shall retain all records supporting project costs for three years
after either the completion of the project or the final reimbursement payment, whichever is later, except
that should any litigation, claim, or special audit arise before the expiration of the three year period, the
project sponsor shall retain all records until the final resolution of such matters.
(6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds
have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the
misused program funds to the District.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History New 12- 17 -90, Formerly 16T- 2.012,
Amended 7- 30 -01.
6613-2.013 Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site
which indicates the District's participation in the project. This sign shall contain the FIND logo. In the
event that the project sponsor erects a temporary construction sign, this sign shall also recognize the
District's participation. If the final product of the project is a report, study or other publication, the
District's sponsorship of that publication shall be prominently indicated at the beginning of the publication.
If the project results in an educational display, the District's logo and a statement of the District's
participation in the project shall be contained in the display.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History New 12- 17 -90, Formerly 16T- 2.013,
Amended 2- 12 -10.
66B -2.014 Small -Scale Spoil Island Restoration and Enhancement Projects.
Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within
the District's waterways for recreational, navigational, educational, and environmental purposes. The
applicable provisions of this rule apply to these applications with the following additions or exceptions:
(1) Application Procedure — A Request for Proposals procedure will be used to request proposals for
consideration. Proposals shall follow the format described in FIND Document #03 -02, Call for Proposals —
Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7- 30 -02), hereby
incorporated by reference and available from the District office. Proposals may be submitted to the District
and considered by the Board at any time during the year.
(2) Matching Funds: Small -scale spoil island restoration and enhancement may qualify for up to ninety
percent (90 11/o) program funds. The applicant's ten percent (10 %) matching funds may include in -kind
contribution pursuant to paragraph 66B- 2.014(4)(b), F.A.C.
(3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding:
(a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil
Island Management Plans or other management plans that govern the Project site.
(b) Property Control: The Project Sponsor must have written property rights on the Project site to
construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a
lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall
48 of 180
include a map clearly delineating the location of all proposed work included in the application.
(4) Funds Allocation: Funds shall be allocated pursuant to Rule 6613- 2.005, F.A.C., subject to the
exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County,
per fiscal year.
(b) The Project Sponsor may contribute in -kind construction labor; such in -kind construction labor
costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be
incorporated into the Project as Project costs.
(c) The funding provided by the District shall only be allocated for specific Project expenses such as
construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be
allocated for parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold
harmless waiver Form No. 02 -0I (New 7- 30 -02) as approved by the District and hereby incorporated by
reference and available from the District office.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History —New 7- 30 -02, Amended 4- 24 -06, 3 -7-
11.
66B -2.015 Small -Scale Derelict Vessel Removal Projects.
Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's
waterways. The applicable provisions of this rule apply to these applications with the following additions
or exceptions:
(1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05 -01
(Small -Scale Derelict Vessel Removal Program) (effective date 4- 24 -06), and FIND Form No. 01 -06
(Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4- 24 -06), hereby
incorporated by reference and available from the District office. Applications may be submitted to the
District and considered by the Board at any time during the year.
(2) The District shall only fund applicants that have identified derelict vessels to be removed and have
a current bid for removal for such vessels, or have completed the removal of such vessels within the 6
months preceding the application, subject to eligibility under these program rules.
(3) The program must be sponsored by an eligible government agency or not - for - profit organization.
(4) District funding shall be limited to $20,000.00 per county, per year, provided on a reimbursement
basis only. The limitation on pre - agreement expenses may be waived by the Board in accordance with
subsection 66B- 2.005(3), F.A.C.
(5) The eligible applicant must provide the remaining matching funds for project completion. In no
case shall the District's cost -share contribution exceed 75% of the total project costs. In -house project
management or administration costs are not eligible costs or matching costs.
(6) The derelict vessel must be located in the District's Waterways, as defined in Rule 6613- 2.003,
F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the
application
(7) The District shall be recognized when possible in all written, audio or video advertising and
promotions as a participating sponsor of the program.
(8) The funding provided by the District shall only be allocated for removal of derelict vessels. The
District is providing program reimbursement funds only and shall be held harmless with regards to the
activities initiated by the applicant.
(9) The applicant shall be responsible for all maintenance, management, disposal and operating
expenses associated with the program.
(10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant
program must be reinvested into the applicant's derelict vessel removal program.
(11) The District Board shall make all final decisions concerning the provision of funding for this
49 of 180
EXHIBIT B
program.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 4- 24 -06, Amended 4- 15 -07, 3 -25-
08, 3 -7 -11.
6613-2.016 Waterways Cleanup Events.
Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's
waterways. The applicable provisions of this rule apply to these applications with the following additions
or exceptions:
(1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by
means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup
locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget
clearly delineating the expenditure of all District funds, as well as the overall general budget of the event.
Proposals may be submitted to the District and considered by the Board at any time during the year.
(2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year
within a county, with exception to the provisions of subsections (8) through (10), below.
(3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a
registered not - for -profit corporation.
(4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the
provisions of subsections (8) through (10), below.
(5) The District shall be recognized in all written, on -line, audio or video advertising and promotions
as a participating sponsor of the clean-up program.
(6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the
applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags,
trash collection, haul and landfill fees, gloves, advertising, T- shirts, and related expenses. The funding
provided by the District shall not be allocated for parties, meetings, food or beverages.
(7) The District Board shall make all final decisions concerning the provision of funding for a clean-up
program.
In addition to the requirements stated above, a cleanup program implementing all of the following
additional incentives will qualify for up to additional $5,000 in clean up funds.
(8) The clean -up program budget must provide equal or greater matching funds for all Navigation
District funding.
(9) The applicant shall tally and report the composition and location of the waterway- related debris,
with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris
in the waterway, or an increase in the number of additional waterway areas included in the clean up.
(10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a
minimum of one waterway collection point or clean up area, or an applicant can conduct an additional
waterway cleanup program for the waterway areas.
Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 3 -7 -11.
50 of 180
Sponsor:
Project Title:
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Project #:
I hereby certify that the above referenced project Sponsor, as of October 01,
20_, has the required matching funds for the accomplishment of the referenced project
in accordance with the Waterways Assistance Program Project Agreement between the
Florida Inland Navigation District and the Sponsor, dated
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 95 -01
New 9/9/95 (revised 7- 30-02)
51 of 180
111�
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME: PROJECT #:
PROJECT SPONSOR: BILLING #:
Amount of Assistance
All Funds Previously Requested �-
Balance Available =
Funds Requested
Less Retainage ( -10% unless final) &-
Check Amount =
Balance Available
Less Check Amount
Balance Remaining
Expense Description
FIND
(Should correspond to
Cost
Cost Estimate Sheet
Categories in Exhibit "A ")
SCHEDULE OF EXPENDITURES
Check No. Total Applicant
Vendor Name and Date Cost Cost
FIND - Form No. 30 -14 (NOTE: Signature Required on Page 2)52 of 180
(Effective Date 7- 30 -02)
FIND - Form No. 90 -14
Page Two
Expense Description
(Should correspond to
Cost Estimate Sheet
Categories in Exhibit "A ")
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Check No. Total
Vendor Name and Date Cost
Applicant FIND
Cost Cost
Certification for Reimbursement: I certify that the above expenses were necessary and
reasonable for the accomplishment of the approved project and that these expenses are in
accordance with Exhibit "A" of the Project Agreement. *
Project Liaison
Date
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND - Form No. 90 -14
(Effective Date 7- 30 -02)
53 of 180
Sponsor:
Project Title:
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
http://Www.aicw.org/Closeout wap.jsp
Project #:
I hereby certify that the above referenced project was completed in accordance with the
Assistance Program Project Agreement between the Florida Inland Navigation District and
, dated ,
20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of
the Project Agreement. *
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 90 -13
(Effective Date: 12- 17 -90, Revised 7- 30 -02)
54 of 180
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
http://www.aicw.org/wapapp pdf jhtml ?method= view &wVgpp pdf.id =1
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct 1 -DEC 15 ; Dec 15 -Mar 1_ ; Mar 1 -June 15_ ; June 15 -Sep I_
Report Due: (Dec 30) (March 15) (June 30) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95 -02
(Effective Date: 7- 30 -02)
55 of 180
EXHIBIT G
ASSISTANCE PROJECT SCHEDULE
OCTOBER 2013 - Project Agreement Executed, Project Initiates.
DECEMBER 30, 2013 - First Quarterly Report Due.
MARCH 15, 2014 - Second Quarterly Report Due.
JUNE 309 2014 - Third Quarterly Report Due.
SEPTEMBER 15, 2014 - Fourth Quarterly Report Due.
DECEMBER 30, 2014 - Fifth Quarterly Report Due.
MARCH 15, 2015 - Sixth Quarterly Report Due.
JUNE 309 2015 - Seventh Quarterly Report Due.
NOTE: If the project will not be completed and all close out paperwork
submitted by September I!, a request for a 1-year extension of the completion
date of the project should be submitted with the quarterly report.
SEPTEMBER 01, 2015 - Closeout paperwork due.
SEPTEMBER 30, 2015 - District finishes processing closeout paperwork, performs
project inspection and submits final reimbursement check with check presentation to
sponsor.
NOTE: ANY MODIFICATIONS to the PROJECT shall reouire advance notice and
prior written approval of the District. The appropriate timing for modifications to the
project cost estimate, Exhibit A, would be after receipt of bids.
*NON- COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit G may result in revocation of this agreement pursuant to Paragraph 13 of
the project agreement.
56 of 180
EXIIIBIT H
http: / /www.aicw.org/bids.ihtml ?method= listByCat id&bids.cat id =4
57 of 180
AGENDA TRANSMITTAL
Subject: FDOT JPA for Airport Hangar I Agenda No. a – 13,15,x,
Construction
Department Origin: Communi evelo ent
Airport Director: J. Griffin L ` +^-,
for Submittal by: Finance Director: K. Killgore
Admin Services: D. Kru
City Clerk: S.A. Maio
City Manager City Attorney: R. A. Gins g
Date Submitted: 16 October 2013
For Agenda of:
23 October 2013
Exhibits: FDOT JPA 425720; R -13 -37
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: -0- -0- 1 REQUIRED: -0-
SUMMARY
Sebastian Municipal Airport staff was recently successful in securing a Florida
Department of Transportation (FDOT) Joint Participation Agreement (JPA) for Hangar
Construction. The construction of Hangar "C" is a two (2) year project. The instant JPA
amount/FDOT participation is $700,000, representing the first year commitment by FDOT.
The City /Airport budgeted/CIP approved amount for FYI is $175,000. In FY15, the State
will provide an additional JPA in the amount of $520,000 toward completion of the project.
The City /Airport will be making a request for $130,000 to complete the construction funding.
Total project amount is $1,525,000.
Recent projects, especially hangar construction projects, have resulted in employment
growth at the airport. This project is a continuation of Council's desire to incrementally
grow airport facilities to provide employment growth.
Pending approval of acceptance of this grant, staff will begin the investigation, and
bid process, for planning and site work. Once appropriate information is gathered, staff will
submit to Council all information relating to a contract recommendation.
RECOMMENDED ACTION
Approve Resolution R -13 -37 authorizing the City Manager to execute FDOT JPA
425720.
58 of 180
RESOLUTION NO. R -13 -37
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
HANGAR CONSTRUCTION AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING
FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has agreed to provide funding
for Hangar Construction 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. 425720- 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
59 of 180
The Mayor thereupon declared this Resolution duly passed and adopted this 23`d
day of October 2013.
ATTEST:
Sally A. Maio, MMC
City Clerk
2
CITY OF SEBASTIAN, FLORIDA
Mayor Bob McPartlan
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
60 of 180
Financial Project No.:
425720- 1 -94 -01
( item -segm ent -pha se- sequence)
Contract No.:
CFDA Number:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Fund: DPTO
Function: 637
Federal No.:
DUNS No.:
Agency DUNS No.:
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55042010428
Vendor No.: VF596000427008
CSFA Number: 55.004
725 - 030-08
PUBLIC TRANSPORTATION
OGC - 5113
Page 1 of 14
CFDA Title: CSFA Title: I
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.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
332.006(6)
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
Construct Hangars
and as further described in Exhibit(s) A.B.0 & D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
Pogo 1 of 14
61 of 180
725030 -06
PUBLIC TRANSPORTATION
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 $ 875.000.00 . 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 $ 700,000.00 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 0 is not applicable. If applicable, the Department may
initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as
shown in paragraph 4.00.
Page 2 o114
62 of 180
725.030-06
PUBLIC TRANSPORTATION
OGC - 5113
Page 3 of 14
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against 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 a114
63 of 180
725 -030-08
PUBLIC TRANSPORTATION
OGC - 5113
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 Circular A -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 FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non - profit organizations as defined in OMB
Circular A -133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised.
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB CircularA -133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMB Circular A -133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply,
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(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
64 of 180
725 - 030-08
PUBLIC TRANSPORTATION
OGC -5113
Page 5 of 14
Part III Other Audit Requirements
1. The Agency shall follow -up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
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 of 14
65 of 180
725-030 -00
PUBLIC TRANSPORTATION
OGC - 5113
Page 6 o114
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:
Page 6 o114
66 of 180
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."
Page 7 of 14
67 of 180
725030 -N
PUBLIC TRANSPORTATION
OGC - 5/13
Page 8 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 fumish 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
Pago 8 of 14
68 of 180
725-0304M
PUBLIC TRANSPORTATION
OOC - 5113
12.21 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties Papa 9 of 14
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.
Pape 0 of 14
69 of 180
725 - 030.00
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
70 of 180
725030-08
PUBLIC TRANSPORTATION
OGC - 5113
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is Page 11 of 14
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.
Page 11 of 14
71 of 180
725.030 -M
PUBLIC TRANSPORTATION
OGC - 5113
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the Pa4C 12 0114
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
12131/2015 . 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
72 of 180
725-030.08
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 of 14
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.
Page 13 of 14
73 of 180
725-030-08
PUBLIC TRANSPORTATION
OGC - V13
Page 14 of 14
Financial Project No. 425720- 1 -94 -01
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City of Sebastian
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
Gerry O'Reilly
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
Page 14 of 14
74 of 180
Fin. Proj. No.
Contract No: 425720- 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 , e City of Sebastian
PROJECT LOCATION: Sebastian Municipal Airport
PROJECT DESCRIPTION: Construct Hangers
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.
75 of 180
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 htti): / /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 Build Hangar "C"
Justification Duplicate of Hangar(s) A & B needed for anticipated growth
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
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
76 of 180
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.
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.
77 of 180
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.
78 of 180
Financial Project No. 425720- 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: $875,000.00
TOTAL PROJECT COST: $875,000.00
II. PARTICIPATION:
Maximum Federal Participation
FAA
Agency Participation
In -Kind
Cash
Other
Maximum Department Participation,
( 0 %) or $ 0.00
( 20 %) or $ 175,000.00
( %) or $
( %) or $
Primary
DPTO ( 80 %) or $ 700,000.00
Federal Reimbursable ( %) or $
Local Reimbursable ( %) or $
TOTAL PROJECT COST: $875,000.00
Page 1 of 1
79 of 180
Financial Project No. 425720- 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, FL 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
80 of 180
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
81 of 180
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
82 of 180
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
83 of 180
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
84 of 180
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
85 of 180
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.
Page 7 of 7
86 of 180
Financial Project No. 425720- 1 -94 -01
Contract No.
Agreement Date
EXHIBIT "D"
FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc... )
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 Agency 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
$ 700,000.00
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 of 3
87 of 180
EXHIBIT "13"
- 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
88 of 180
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.
(FOOT 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.
(FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
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
89 of 180
AGENDA TRANSMITTAL
Subject:
Agenda No. 7E—)3.01_/
FDEP Grant Agreement #S0659
Department Origin: City Manager
(Revision)
City Attorney:
City Clerk:
Ap rov for Submittal by:
Date Submitted: 16 OCT 13
For Agenda Of: 23 OCT 13
A inn r, ity Manager
Exhi ts:
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
$0
$0
$0
SUMMARY
The City received an FDEP grant to help offset improvements associated with the
Presidential Street project. The grant is in the amount of $90,000.
At your August 28, 2013 meeting, Council approved the agreement. However, I brought
this agreement to Council before it was officially approved by FDEP. Since then, FDEP
changed insurance language in paragraph 19. The change in language is essentially
the same. The new agreement requires that the City provide certificates of insurance
showing that we have appropriate coverage for a non -self insured agency.
RECOMMENDATION
Staff recommends approval of the agreement.
90 of 180
October 11, 2013
Florida Department of R1 Gck Scott
overnor
Environmental
Protection Herschel T.
Vinyard Jr.
Bob Martinez Center Secretary
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
Mr. Al Minner, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Mr. Minner:
Enclosed please find two originals of the Florida Department of Environmental
Protection Agreement for the Sebastian Presidential TMDL NPS Local Reduction Project,
Contract No. S0659
Please do not make any changes to the original documents.
Please have both originals signed by the appropriate representative(s) with authority to
execute this contract. Upon signing, please return both original executed contracts to
me at the following address:
Mike Thomas
Florida Department of Environmental Protection
Nonpoint Source Management Section
2600 Blair Stone Rd., MS 3570
Tallahassee, Florida 32399
Upon receipt of the originals, the Department will counter sign and mail you an original
version for your records. If you have any questions, please call me at (850) 245 -7513 or
email me at michael.thomas@dep.state.fl.us. I look forward to working with you on
this project.
Sincerely,
Enclosures
91 of 180
AGREEMENT NO. S0659
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1663 OF THE 2012 -2013 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399 -3000 (hereinafter referred to as the "Department') and the CITY OF SEBASTIAN, whose address is 1225
Main Street, Sebastian, Florida 32958 (hereinafter referred to as "Grantee "), a local government, to provide
financial assistance for the Sebastian Presidential TMDL NPS Local Reduction project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and
"Recipient" are used interchangeably.
This Agreement shall begin upon execution by both parties and remain in effect for a period of twenty-four
(24) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the
date of execution through the expiration date of this Agreement. This Agreement may be amended to
provide for additional services if additional funding is made available by the Legislature.
A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of $90,000.00 towards the total project cost of $180,000.00. The parties hereto
understand and agree that this Agreement requires at least a 50% match on the part of the Grantee.
Therefore, the Grantee is responsible for providing $90,000.00 in cash or third party in -kind,
towards the work funded under this Agreement.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon
the completion, submittal and approval of deliverables identified in Attachment A, in accordance
with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment
Request Summary Form. A final payment request should be submitted to the Department no
later than sixty (60) days following the completion date of the Agreement, to assure the
availability of funds for payment. Each payment request submitted shall document all matching
funds and/or match efforts (i.e. in -kind services) provided during the period covered by each
request. The final payment will not be processed until the match requirement has been met.
Travel expenses will not be reimbursed under the terms and conditions of this Agreement.
C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the Attachment C, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein. The
Payment Request Summary Form shall be accompanied by supporting documentation and other
requirements as follows:
Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours /time spent on the
DEP Agreement No. 50659, Page 1 of 8
92 of 180
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
days of written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. For fixed price (vendor)
subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed price subcontracts to
consultants /contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (Invitation to Bid or
Request for Proposals) resulting in the fixed price subcontract.
The Grantee may request approval from the Department to award a fixed price
subcontract resulting from procurement methods other than those identified in
the paragraph above. In this instance, the Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a detailed
budget and Scope of Services to be performed by the subcontractor. Upon
receipt of the Department Grant Manager's approval of the fixed price amount,
the Grantee may proceed in finalizing the fixed price subcontract.
C. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
Other Expenses — e.g., Materials, supplies, non - excluded phone expenses, reproduction,
mailing, and other expenses must be documented by itemizing and including copies of
receipts or invoices. Additionally, independent of the Grantee's contract obligations to
the Subcontractor, the Department shall not reimburse any of the following types of
charges: cell phone usage, attorneys fees, civil or administrative penalties, handling fees,
such as set percent overages associated with purchasing supplies or equipment.
D. In addition to the invoicing requirements contained in paragraph 3.B. and C. above, the
Department will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriate. This information, when requested, must be
provided within thirty (30) calendar days of such request. The Grantee may also be required to
submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). All bills for amounts due under this Agreement
shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. State
guidelines for allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at hqp: / /www.fldfs.com /aadir /reference %SFPuide.
E. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program -by-
program or a project -by- project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
DEP Agreement No. 50659, Page 2 of 8
93 of 180
ii. If the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund, either in whole or in part, of the funds provided to the
Grantee under this Agreement for non - compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund, and shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the payment(s) are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed,
problems encountered during the reporting period, problem resolution, schedule updates and proposed work
for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no
later than twenty (20) days following the completion of the quarterly reporting period. It is hereby
understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending
March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty
(30) calendar days to review the required reports and deliverables submitted by the Grantee. Final payment,
up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all
work is completed, all deliverables have been submitted, match requirements have been met and the Final
Project Report has been received and approved.
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department
shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice.
8. No payment will be made for unsatisfactory deliverables. In the event that a deliverable is deemed
unsatisfactory by the Department, the Grantee shall re- perform the services needed for submittal of a
satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the
unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the
Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the
Department Grant Manager may, by letter specifying the failure of performance under this Agreement,
request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All
CAPs must be able to be implemented and performed in no more than sixty (60) days.
DEP Agreement No. 50659, Page 3 of 8
94 of 180
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above shall result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the
Department shall retain the right to require additional or further remedial steps, or to terminate this
Agreement for failure to perform. No actions approved by the Department or steps taken by the
Grantee shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07( 1 )(a), Florida Statutes.
10. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five (5) years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes.
11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit I must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
850/245 -2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A -133, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
DEP Agreement No. S0659, Page 4 of 8
95 of 180
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS- A2 -NS) that can be found
under the "Links /Forms" section appearing at the following website:
h!!ps://apps.fldfs.com/f§aa
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible
for all work to be performed under this Agreement. The Grantee shall submit a copy of the
executed subcontract to the Department within ten (10) days after execution. The Grantee agrees
to be responsible for the fulfillment of all work elements included in any subcontract and agrees to
be responsible for the payment of all monies due under any subcontract. It is understood and
agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses
or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915.
13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules
and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of
this Agreement.
15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
16. The Department's Grant Managers (which may also be referred to as the Department's Project Manager) for
this Agreement are identified below.
Technical
Mike Thomas
Florida Department of Environmental Protection
Water Quality Restoration Program
2600 Blair Stone Road, MS# 3570
Tallahassee, Florida 32399
Telephone No.:
(850) 245 -7513
Fax No.:
(850) 245 -8434
E -mail Address:
Michael.thomas@dep.state.fl.us
DEP Agreement No. S0659, Page 5 of 8
96 of 180
Administrative
Connie Becker
Florida Department of Environmental Protection
Water Quality Restoration Program
2600 Blair Stone Road, MS# 3510
Tallahassee, Florida 32399
Telephone No.:
(850) 245 -5505
Fax No.:
(850) 245 -8434
E -mail Address:
Connie. L.Becker de .state.fl.us
17. The Grantee's Grant Manager for this Agreement is identified below.
Debra Krueger, CGFO
Administrative Services Director
City of Sebastian
1224 Main Street
Sebastian, Florida 32958
Telephone No.:
(772) 388 -8202
Fax No.:
(772) 388 -8249
E -mail Address:
dkrueger@citygfsebastian.org
18. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are
covered by the protection afforded by the Grantee. Such self - insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department,
for the protection of his employees not otherwise protected.
19. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily
injury and property damage. The minimum limits of liability shall be $100,000 each occurrence
and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from
the services and/or operations completed under this Agreement, whether such services and/or
operations are by the Grantee or anyone directly or indirectly employed by him. Such insurance
shall include the State of Florida as an Additional Insured for the entire length of the Agreement.
B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims
which may arise from the services and/or operations under this Agreement, whether such services
and /or operations are by the Grantee or by anyone directly, or indirectly employed by him. The
minimum limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if
applicable
$300,000 Hired and Non -owned Liability Coverage
C. All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance
will not be canceled for any reason except after thirty (30) days written notice (with the exception
DEP Agreement No. S0659, Page 6 of 8
97 of 180
of non - payment of premium which requires a 10 day notice) to the Department's Procurement
Administrator.
20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Project Agreement.
22. The Department may at any time, by written order designated to be a change order, make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
23. If the Grantee's project involves environmentally related measurements or data generation, the Grantee
shall develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet project objectives and
to minimize loss of data due to out -of- control conditions or malfunctions. All sampling and analyses
performed under this Agreement must conform with the requirements set forth in Chapter 62 -160, Florida
Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto
and made part hereof as Attachment F, Quality Assurance Requirements.
24. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and posts the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity, at 850/487 -0915.
25. Land acquisition is not authorized under the terms of this Agreement.
26. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida.
27. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 50659, Page 7 of 8
98 of 180
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
CITY OF SEBASTIAN
By:_
Title:
Date:
FEID No.:59- 6000427
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
0
Secretary or designee
Date:
Mike Thomas, DEP Grant Manager
Co, nie Becker, DEP Grant Manager
iuC sv�
DEP Contracts Administrator
Approved as to form and legality:
*For Agreements with governmental boards /commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee must accompany the Agreement.
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (7 Pages)
Attachment B Payment Request Summary Form (2 Pages)
Attachment C Contract Payment Requirements (I Page)
Attachment D Progress Report Form (i Page)
Attachment E Special Audit Requirements (5 Pages)
Attachment F Quality Assurance Requirements (14 Pages)
DEP Agreement No. S0659, Page 8 of 8
99 of 180
Attachment A
Grant Work Plan
PROJECT NAME: Sebastian Presidential Street TMDL NPS Load Reduction
PROJECT FUNDING: TMDL Grant $ 90,000/50%
Matching Funds $ 90,000/50%
Total Project Cost $ 180,000 /100%
LEAD ORGANIZATION: City of Sebastian
End of Fiscal Year: September 30, 2012 to 2013
FEID Number: 59- 6000427
CONTACT PERSON: Debra Krueger, Contract Manager
ADDRESS: 1225 Main Street, Sebastian, FI 32958
PHONE: (772) 388 -8202
FAX: (772) 388 -8249
EMAIL: dkruerert'Wtyofsebastian.orQ
COOPERATING ORGANIZATIONS AND CONTACT PERSON (THOSE PROVIDING FUNDING OR IN -KIND
SERVICES): City of Sebastian
PROJECT ABSTRACT:
This project is a part of a Basin Management Action Plan (BMAP) to reduce nutrient loadings from storm water
runoff into the Indian River Lagoon, in Sebastian, Florida. The project includes the construction of storm water
drainage systems for the Cleveland Street and Indian River Drive Watershed Area (WS 1) and Washington Street and
Indian River Drive Watershed Area (WS2). Both systems will include: drainage pipes, shallow grass swale
treatment, and an adopted Best Management Practices (BMP) 2 "d generation nutrient separating baffle box with Bold
and Gold filtration media to treat and reduce pollutants before discharging into the Indian River. The Indian River
Lagoon is listed as an impaired water body and has an adopted Basin Management Action Plan (BMAP) as of
February 7, 2013. The Indian River's tributaries are non -point sources (NPS) within Indian River County and an
estuary of national significance included in the National Estuary Program. The Indian River Lagoon is listed on the
Section 303(d) as an impaired water body.
The BMP Nutrient Separating Baffle Box meets or exceeds NPDES requirements for capturing a wide variety of
pollutants including total suspended solids (TSS), sediment, debris, organic material, hydrocarbons, and trash. The
SkimBossTM Filtration System add -on removes trash and organic material before entering into the baffle box
retention chamber. The Bold and GoIdTM filtration media is the final step to the SkimBossTM Filtration system and
absorbs remaining nutrients before exiting the baffle box. This media was developed by the University of Central
Florida and removes up to 80% of total phosphorus, 47% of total nitrogen, and 90% of total suspended solids.
Currently, the storm water from the target area is discharged directly into the Indian River Lagoon. The BMP %
reduction for WS I is estimated to be the following: 32.0% biochemical oxygen demand (BOD), 56.4% total nitrogen
(TN), 83.2% total phosphorus (TP) and 90.0% TSS. The BMP % reduction for WS2 is estimated to be the
following: 32.0% BOD, 56.3% TN, 83.0% TP and 89.9% TSS.
The storm water quality restoration project will be constructed in conjunction with a previously planned street
improvement project within the target area. Permitting and engineering plans will include both project scopes;
however the TMDL grant funding will be used solely for the storm water quality restoration project.
PROJECT LOCATION AND WATERSHED CHARACTERISTICS:
The location of the project is within the City of Sebastian Redevelopment Area which includes the watershed area of
Cleveland Street at Indian River Drive (WSI) and Washington Street at Indian River Drive (WS2). The Cleveland
and Indian River Drive watershed will include collected runoff from Harrison Street to Martin Ave, and east of the
railroad tracks (which lay just west of US 1) to Indian River Drive. The BMP will be situated just north of
Cleveland Street on Indian River Drive. The Washington Street and Indian River Drive watershed will include
DEP Agreement No. S0659, Attachment A, Page 1 of 7
100 of 180
collected runoff from Martin Avenue to Main Street and east of the railroad tracks (which lay just west of US 1) to
Indian River Drive. The BMP will be situated at the corner of Washington Street and Indian River Drive. Both
watershed areas are located within the Central and East Coast Area within Indian River County in the City of
Sebastian. The two watersheds include the impaired water body of the Indian River Lagoon within Indian River
County.
Water Body Name: Indian River Lagoon and St. Sebastian River are on Section 303(d) list of impaired water
bodies
Hydrologic Unit Code(HUC):
Project Latitude: Cleveland: Lat = 27 °48'39.16 "N - Washington: Lat = 27 048'57.29 "N
Project Longitude: Cleveland: Long = 80 °27'57.86 "W - Washington: Long = 80 °28'05.69 "W
Land Uses within the Watershed (acres and percentages of total):
Land Use
Acres
%
Harrison Street. Martin Ave/ Indian River Drive/ US 1 Area
(WS 1)
37.46
56%
Martin Ave, Main Street/ Indian River Drive /US 1 Area
(WS2)
29.44
44%
Land Use Totals (Acreage and %
66.90
100%
TMDL STATUS OF WATER BODY AND PROJECT:
Name of Impaired Water: Indian River Lagoon and St. Sebastian River
Status of Impaired Water: Both are listed in Section 303(d) as impaired
Status of BMAP: Impaired
POLLUTION REDUCTION STRATEGY:
This project will construct a new storm water drainage system for both Cleveland Street at Indian River Drive and
Washington Street at Indian River Drive, in Sebastian, Florida. This project will reduce the amount of pollutants
entering into the existing impaired Indian River Lagoon. The project will construct two (2) nutrient separating baffle
boxes with a pre- skimming feature and a nutrient filtration media, designed to treat and reduce storm water
pollutants before discharging into the Indian River Lagoon. The Nutrient Separating Baffle Box® is a second
generation baffle box that meets or exceeds NPDES requirements for capturing a wide variety of pollutants
including TSS, sediment, debris, organic material, hydrocarbons, and trash. Because water flow is not ducted off
line for treatment, head loss is minimal and comparable to a large square catch basin. The new storm water systems
will connect into the Nutrient Separating Baffle Box, where trash, debris, and organic materials will be separated out
using a SkimBossTM filtration system. This primary filter will keep the debris and organic material above the
holding chambers of the baffle box, thereby decreasing the amount of dissolved nitrogen, phosphorus, and BOD in
the water and also keeping the baffle box unobstructed. The secondary stage of the SkimBossTM Filtration system
add -on is the Bold and Gold TM filtration media, which is an up -flow filter that the water must pass through before
exiting the baffle box. This media removes excess nitrogen, phosphorus, and TSS from the discharging water. In
cases of high flow events, the floating boom before the Bold and Go1dTM filter will raise and allow water to by -pass
the final filter stage, thereby eliminating flooding events while still removing trash and organic material from the
storm water. Once passed through the entire Nutrient Separating Baffle Box system, the water will be discharged
into the Indian River Lagoon. Currently, the storm water is discharged directly and untreated into the river.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. S0659, Attachment A, Page 2 of 7
101 of 180
PROJECT OBJECTIVE(S): As a part of a basin management action plan, the objective is to reduce storm water
pollutant loads from the impaired Indian River Lagoon system, which has an adopted TMDL, and to educate the
public about storm water treatment best management practices to reduce pollutant loads and Indian River Lagoon
health.
PROJECT DESCRIPTION:
Project efforts already performed include the preliminary engineering analysis and preparation of conceptual
streetscape and drainage improvement plans for the street and stormwater improvements of Cleveland (WSI) and
Washington (WS2). The preliminary plans were presented to the community at a public meeting on January 4, 2012
from 5 -7 pm at Sebastian City Hall. The public meeting was to get input from the community and businesses within
the River Front Area. At the public meeting, the consultant presented and responded to comments on the following:
• Drainage and storm water improvements
• Storm water treatment and BMP
• Street and drainage enhancements
The preliminary plans were then presented to the City Council on January 11, 2012 for approval and direction to
proceed with the final engineering design.
Additional steps completed have included the preparation of the engineering design plans, and permitting with St
John's Water Management District (SJRWMD) for construction of the entire roadway and drainage improvements.
The permit was approved in May 2012. As part of this TMDL grant application, only the design and construction
for the drainage and baffle box installation is listed as part of the funding request.
Upon completion of final design plans, SJRWMD reviewed the project and determined if a permit modification was
necessary. The design plans include the drainage improvements for Cleveland (WS 1) and Washington (WS2) areas.
The 100% final design plans include:
Necessary drainage pipes and baffle box installation
Drainage improvements for both the Cleveland (WS 1) and Washington (WS2) areas
Storm water treatment (BMPs — swales and nutrient separating baffle boxes)
Other design elements include; bidding, drainage and BMP construction, and the construction of two nutrient
separating baffle boxes for each street.
100% plans and specification were completed in December 2011. The SJRWMD permit for the complete street and
drainage construction project (including the storm water quality restoration project and a street improvement project)
was approved on May 3, 2012 (Permit No. 42 -061 - 130339 -1).
TASK l: BMP construction
Task 1 includes the advertisement, award and construction of the project for the street scope and drainage
improvements for Cleveland Street, Washington Street, and Indian River Drive. Anticipate the advertisement of the
project in October 2013 and award of contract for construction in November 2013. The tentative schedule is the
following:
Advertisement in October 2013
DEP Agreement No. S0659, Attachment A, Page 3 of 7
102 of 180
Award contract for construction in November 2013
Begin construction in January 2014
End construction in June 2014
This task will also include the construction administration, construction management, and engineering inspection of
the construction, which is anticipated to last 180 days. The construction includes stormwater pollutant prevention
(SWPP) with temporary BMP measures. The engineering record shall be available for review, and the final
construction as -built plans shall be submitted to SJRWMD for approval.
The Grantee shall remove 371 feet of old Reinforced Concrete Pipe (RCP) with old structures along Indian river
Drive per Drawings and shall de -muck approximately of swale along Indian River Drive.
The Grantee shall install BMPs per the submitted Final Drawings and SJRWMD permit, to include:
• On Washington Street, l Suntree Nutrient removing baffle box with 24 -inch inlet and 30 -inch
outlet;
• On Indian River Drive near Cleveland Street, Suntree Nutrient removing baffle box with 24 -inch
inlet and 30 -inch outlet;
• 12 inlet boxes along Cleveland Street, Indian River Drive, and Washington Street, per the above
drawings.
• 1,303 feet of new 24 -inch RCP per drawings
• 4 feet of 30 -inch RCP per drawings.
• Other fittings and appurtenances as necessary and described in the approved Plans and
Specifications.
Task 1 Budeet information:
I 1
}f iii r I I
+1'� ! I I
L 1 f .✓
I f r
I I I d ��
I
J
Salaries
$0
$0
Fringe Benefits
0
$0
Travel
$0
$0
Contractual
$80,000
$77,000
Grantee
1
Equipment Purchases
$0
$0
13W
Supplies/Other Expenses
$0
$0
Land
$0
$0
Indirect
$0
$0
TOTAL FOR TASK
$80,000
$77,000
Deliverables: Advertisement, Award, Construction Engineering Inspections (CEI), photographs depicting before,
during and after installation of components; and a construction report including signed and sealed Record Drawings.
Allowable Costs: Construction and Engineering Contractors.
Performance Standard: The Department Grant Manager will review the bid package and subcontract to ensure
compliance with state and federal laws specific to this Agreement, and the final construction report to ensure
satisfactory performance.
Schedule: Start Construction in January 2014 and end Construction in June 2014.
TASK 2 BMP Performance Monitoring
The Grantee must complete and submit to the Department a Quality Assurance Project Plan (QAPP) for monitoring
prior to commencement of any monitoring. The monitoring plan will specify the sampling locations, sampling
instruments, and parameters to be sampled. The parameters shall include, but are not limited to: TN (Ibs /yr), TP
(lbs /yr), TSS (Ibs /yr), Cd, Cr, Cu, Zn, NO2/NO3, TKN, NH3, Orthophosphate, Fecal coliform, rainfall and flow.
Monitored events shall include a minimum of 7 — 10 discrete rain events, generally greater than 0.20 inches and less
than 1.5 inches. Monitoring shall be performed at inflow and outflow locations of each BMPs installed and in
accordance with the approved QAPP. Sampling locations shall be recorded and verified using a GPS device.
DEP Agreement No. 50659, Attachment A, Page 4 of 7
103 of 180
Project - specific details must be added during QAPP development.
Task 2 will include the field monitoring and testing, which will include monitoring and field data collection of the
stormwater area in order to determine the reduction of pollutants from the system. The city has trained staff in the
field data collection of stormwater per two previously funded DEP monitoring projects within the city. All testing
will be completed by a licensed laboratory approved by the DEP. These will be monitored at all identified sample
locations as nutrient loading from the watershed and removal efficiency of the system. The test collection will be
grab samples from the impaired water body. Dissolved phosphorus will be compared with the composited nutrients
collected.
All sample collection will be performed by Harbor Branch Environmental Laboratory (HBEL). All field sampling
and collection will comply with the DEP requirements for sampling equipment, sample containers, equipment
preparation, calibration of field instruments, field procedures for data collected with field instrumentation (including
back -up procedures), field procedures for samples collected for laboratory analyses, procedures for field preservation
checks, sample transport, procedures for cleaning contaminated tubing and plastic bottles, and waste disposal.
The monitoring will take one (1) year of data collection and testing, quarterly progress reports, draft final report to
the DEP of findings.
Task 2 Budget information:
Deliverables: Implementation of a Department- approved Quality Assurance Project Plan
Allowable Costs: Contracted services from a professional engineering firm who will conduct monitoring including
costs for preparation of QAPP and other laboratory services.
Performance Standard: The Department Grant Manager will review the draft QAPP for compliance with this
Agreement and DEP Standard Operating Procedures for monitoring; submission of approved QAPP; and review the
monitoring results for compliance with the approved plan.
Schedule: QAPP Submitted to FDEP for approval by March 30, 2014, Final report due twenty-four (24) months
after execution of this Agreement.
TASK 3: Education
The educational components will include the following:
• Local TV public announcement regarding the project and the effects of stormwater pollution.
• Posters at both baffle box sites to provide information to the public
• Informational brochures of the project and BMP at City Hall
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 50659, Attachment A, Page 5 of 7
104 of 180
Salaries
$0
$0
Fringe Benefits
0
$0
Travel
$0
$0
2
Contractual
$10,000
$10,000
Grantee
Monit-
Equipment Purchases
$0
$0
oring
Supplies/Other Expenses
$0
$0
Land
$0
$0
Indirect
$0
$0
TOTAL FOR TASK
$10,000
$10,000
Deliverables: Implementation of a Department- approved Quality Assurance Project Plan
Allowable Costs: Contracted services from a professional engineering firm who will conduct monitoring including
costs for preparation of QAPP and other laboratory services.
Performance Standard: The Department Grant Manager will review the draft QAPP for compliance with this
Agreement and DEP Standard Operating Procedures for monitoring; submission of approved QAPP; and review the
monitoring results for compliance with the approved plan.
Schedule: QAPP Submitted to FDEP for approval by March 30, 2014, Final report due twenty-four (24) months
after execution of this Agreement.
TASK 3: Education
The educational components will include the following:
• Local TV public announcement regarding the project and the effects of stormwater pollution.
• Posters at both baffle box sites to provide information to the public
• Informational brochures of the project and BMP at City Hall
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 50659, Attachment A, Page 5 of 7
104 of 180
Task 3 Budget information:
Deliverables: Creation of video of Local TV public announcement regarding the project and the effects of
stormwater pollution, posters at each site, creation and distribution of brochures. Photo clips or copies on DVD in
the Final Report.
Allowable Costs: Printing, publications, graphic supplies, signs and brochures.
Performance Standard: Submission of a copy of printed education materials, photograph of an installed signs, as
well as a map depicting their location relative to the site, Photos or copies of posters, copy of brochure. Materials
will be reviewed for compliance with the terms and conditions of this Agreement and the map will be reviewed for
compliance with the approved plans and permits.
Schedule: Twenty -four (24) months from execution of this Agreement.
ESTIMATED POLLUTANT LOAD REDUCTION:
BW's
/ �
lf�►YfA��
�.jti
,
f
I
I�tJ
�� � {
�
"1% - j. �
_��' "I .' � P�
�'>> �
kglyr
L^_"�l- I!�f
Pre - Project
9162.57
32.16
Salaries
$0
$0
Fringe Benefits
0
$0
5.40
101.92
525.49
Travel
$0
$0
Project
3
Contractual
$0
$0
Educ-
Equipment Purchases
$0
$0
ation
Supplies/Other Expenses
$0
$3,000
Grantee
Reduction
Land
$0
$0
247.48
Indirect
$0
$0
TOTAL FOR TASK
$0
$3,000.
Deliverables: Creation of video of Local TV public announcement regarding the project and the effects of
stormwater pollution, posters at each site, creation and distribution of brochures. Photo clips or copies on DVD in
the Final Report.
Allowable Costs: Printing, publications, graphic supplies, signs and brochures.
Performance Standard: Submission of a copy of printed education materials, photograph of an installed signs, as
well as a map depicting their location relative to the site, Photos or copies of posters, copy of brochure. Materials
will be reviewed for compliance with the terms and conditions of this Agreement and the map will be reviewed for
compliance with the approved plans and permits.
Schedule: Twenty -four (24) months from execution of this Agreement.
ESTIMATED POLLUTANT LOAD REDUCTION:
BW's
Other
Other
Installed
TSS
Syr
TP
Syr
TN
Syr
BOD
Syr
r
kglyr
WS1
Pre - Project
9162.57
32.16
233.63
773.01
Post -
907.19
5.40
101.92
525.49
o
Project
Load
Reduction
8255.38
26.76
131.68
247.48
«_
Reduction
90.0%
83.2%
56.4%
32.0%
Other
Other
kg/yr
WS2
TSS
TP
TN
BOD
kg/yr
kg/yr
kg/yr
Pre - Project
7166.76
25.27
183.61
607.54
.o
o
Post -
Project
725.75
4.31
80.29
413.27
Load
Reduction
6441.01
21.00
103.33
194.27
w
°
Reduction
89.9%
83.0%
56.3%
32.0%
Model used: Allowable models include Spreadsheet Tool for Estimating Pollutant Load ( STEPL, 2007), Nonpoint
Source Loading Management Model (NPSLMM, 2008) and Watershed Management Model (WMM, 2006). The
STEPL model is available for download at http : / /it.tetratech - ffx.com /stepi/ while the other models are on the TMDL
Grant web site.
EMCS used in model: The Event Mean Concentrations (EMCs) listed in Attachment I of the grant application in
the model to estimate pre- and post - project pollutant loads and load reductions.
DEP Agreement No. S0659, Attachment A, Page 6 of 7
105 of 180
Project milestones:
Task
Activity
Start
Complete
1
Bidding and Construction
Execution
12 months
2
BMP monitoring, and Final Report
12 months
24 months
3
Education
Execution
24 months
Project Budget: See Task Budgets for Details
Project Funding Activity
Grant Amount
Matching
Contribution
Match Source
and Construction
$80,000
$77,000
Grantee
-Bidding
BMP Monitoring
$10,000
$10,000
Grantee
Education
$0
$3,000
Grantee
Total:
$90,000
E $90,000 Grantee
Total Project Cost:
$ 180,000
Percentage Match:
50%
50%
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 50659, Attachment A, Page 7 of 7
106 of 180
Grantee:
Mailing Address:
DEP Agreement No.:
Date Of Request: _
Task/Deliverable Amount
Requested:$
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee's Grant Manager:
Payment Request No.:
Performance
Period:
Task/Deliverable
No.:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant throueh End -of -Grant Period]
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENT
RE VESTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
$
$
$
$
Fringe Benefits
$
$
$
$
Travel (if authorized)
$N /A
$N /A
$N /A
$N /A
Subcontracting:
Monitoring
$
$
$
$
Education
$
$
$
$
Construction
$
$
$
$
Equipment Purchases
$N /A
$N /A
$N /A
$N /A
Supplies /Other Expenses
$
$
$
$
Land
$N /A
$N /A
$N /A
$N /A
Indirect
$N /A
$N /A
$N /A
$N /A
TOTAL AMOUNT
$
$
$
$
TOTAL TASK/DELIVERABLE
BUDGET AMOUNT
$
$
Less Total Cumulative Payment
Requests of:
$
$
TOTAL REMAINING IN TASK
$
$
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grai
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name
Telephone Number
DEP 55 -223 (03/12)
DEP Agreement No. S0659, Attachment B. Page I of 2
Print Name
Telephone Number
activiUi
:s.
107 of 180
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGETAMOUNT" line for the "AMOUNT OF THIS REQUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for (must agree with the current Grant Work Plan).
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for
which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current
Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved
budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on
the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the
total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT
REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL TASK
BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK' line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the Final request (this amount cannot exceed the approved budget amount for that budget category for the task you
are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task
you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant
Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the
"TOTAL TASK BUDGET AMOUNT" line for this column. Enter the total cumulative amount of this and any previous
match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the
total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP 55 -223 (03/12)
DEP Agreement No. S0659, Attachment B, Page 2 of 2
108 of 180
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A- 1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In -house charges:. Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: hLp: / /www.fldfs.com /aadir /reference guide.htm
DEP 55 -219 (05/2008)
DEP Agreement No. S0659. Attachment C. Page I of 1
109 of 180
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
S0659
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
S0659 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
DEP Agreement No. S0659, Attachment D, Page I of I
Date
110 of 180
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department ", "DEP ", YDEP" or "Grantor ", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection 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 of Environmental Protection. 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 of 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 I, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must
be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http: / /12.46.245.173 /efda /efda.htmi.
DEP 55 -215 (03/09)
DEP Agreement No. S0659, Attachment E, Page 1 of 5
111 of 180
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General. EXHIBIT l to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hgps: / /apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: / /www.lea.state.fl.us /Welcome /index.cfn, State of Florida's website at
http: / /www.myflorida.com /, Department of Financial Services' Website at hiip: / /www.fldfs.com/ and the
Auditor General's Website at hqp: / /www.state.fl.us /audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A -133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55 -215 (03/09)
DEP Agreement No. S0659, Attachment E, Page 2 of 5
112 of 180
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http : / /harvester.census.Pov /fac/
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I l l West Madison Street
Tallahassee, Florida 32399 -1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (03/09)
DEP Agreement No. S0659, Attachment E, Page 3 of 5
113 of 180
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for - profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of S years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (03/09)
DEP Agreement No. S0659, Attachment E, Page 4 of 5
114 of 180
EXHIBIT— l
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this
Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
Original
Agreement
Water Quality Assurance
Trust Fund, Line Item 1663
2012 -2013
37.039
Statewide Surface Water Restoration
and Wastewater Projects'
$90,000.00
140076
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State
Appropriation
Category
Original
Agreement
Water Quality Assurance
Trust Fund, Line Item 1663
2012 -2013
37.039
Statewide Surface Water Restoration
and Wastewater Projects'
$90,000.00
140076
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Descri tion
Funding Amount
State
Appropriation
Category
Original
Agreement
Water Quality Assurance
Trust Fund, Line Item 1663
2012 -2013
37.039
Statewide Surface Water Restoration
and Wastewater Projects'
$90,000.00
140076
Total Award 1 $90,000.00
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http:/ /12.46.245.173 /cfda/cfda.htmi] and/or the Florida Catalog of State Financial Assistance (CSFA) [https: // apps. fldfs .com /fsaa/searchCatalog.aspx]. The
services /purposes for which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55 -215 (03/09)
DEP Agreement No. S0659, Attachment E, Page 5 of 5
115 of 180
Attachment F
Quality Assurance Requirements
For State Funded NPS BMP Monitoring Agreements
I. All sampling and analyses performed under this Agreement must conform to the requirements set forth in
Chapter 62 -160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work
performed for the Department of Environmental Protection under Contract" (DEP -QA- 002/02), February 2002.
2. LABORATORIES
a. The GRANTEE shall ensure that all laboratory testing activities are performed by laboratories certified by
the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP) for all
applicable matrix/method/analyte combinations to be measured. For non - potable water matrix, the
certification requirement is considered satisfied if the laboratory is certified for the contracted analyte in at
least one method that uses the same analytical technology as the contract- proposed method.
b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall
apply for certification within one month of Contract execution. Within six months of Contract execution,
the laboratory shall be fully certified for all applicable matrix/method/analyte combinations to be
performed. Regardless of when the laboratory receives certification, the laboratory must implement all
applicable standards of the National Environmental Laboratory Accreditation Conference ( NELAC) upon
Contract execution.
c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract.
Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-
contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte
combination(s). The GRANTEE shall notify the DEP Grant Manager in writing before any change to a
sub - contracted laboratory is made.
d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each
contracted or sub - contracted laboratory shall be provided to the DEP contract manager upon Contract
execution or upon receiving DoH certification (see items 2.a and 2.b above).
e. The GRANTEE shall ensure that an acceptable initial demonstration of capability (IDOC), as described in
Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the
proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation and
supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data
for this Contract. If requested by the Department, documentation that supports the IDOC shall be made
available for review.
f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall
obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other
externally assayed quality control (QC) samples, hereinafter known collectively as quality control check
(QCC) samples.
(i) The laboratory shall ensure that the selected QCC samples(s) represent all matrix/method/analyte
combinations that are not subject to certification requirements.
(ii) These samples shall be analyzed at six -month intervals and the results shall be within the acceptable
range established by the QCC sample provider.
(iii) Before providing analytical services for this Agreement, the laboratory must provide to the DEP
contract manager the results of the QCC sample(s) and the associated acceptable range(s) as
established by the QCC sample provider. The submitted results must be from QCC samples that have
been completed within the previous six months prior to the submission date.
g. Any non - standard laboratory procedures or methods that are proposed for use (i.e., those not approved by
DEP for standard environmental analyses) shall be submitted for review and approval in accordance with
DEP -QA- 001/01, "New and Alternative Analytical Laboratory Methods," February I, 2004. These
procedures or methods shall be approved by the DEP Grant Manager before use under this Agreement and
must be cited or described in the required planning document (see Section 6).
h. The GRANTEE shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits
(MDLs) required by the Contract are listed in the planning document (see Section 6).
i. The GRANTEE shall ensure that the selected laboratory test methods listed in the planning document can
provide results that meet the Contract data quality objectives.
j. The GRANTEE shall ensure that all laboratory testing procedures follow the analytical methods as
approved in the planning document (see Section 6).
Revision Date: 02/09
DEP Solicitation No. 50659, Attachment F, Page I of 14
116 of 180
k. The GRANTEE shall ensure that the all laboratory quality control measures are consistent with Chapter 5
of the NELAC standards.
1. In addition, the GRANTEE shall ensure that the quality control requirements specified in the attached
addenda are followed.
m. The GRANTEE shall ensure that all sample results are calculated according to the procedures specified in
the analytical methods approved in the planning document.
FIELD ACI7yITIES
a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Agreement.
b. The GRANTEE shall ensure that all sample collection and field testing activities are performed in
accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP- SOP - 001 /01,
March 31, 2008). The specific standard operating procedures (SOPS) to be used for this Agreement shall
be cited in the planning document (see Section 6).
c. Any non - standard field procedure shall be submitted for review and approval to the DEP Grant Manager in
accordance with section FA 2000 of DEP- SOP - 001 /01. All non - standard procedures and methods must be
approved by the DEP Grant Manager before use under this Agreement and must be cited or described in the
planning document.
d. Per the quality control measures outlined in the DEP SOPS (FQ 1000 and the calibration requirements of
the FT- series for field testing), the GRANTEE shall ensure that the following field quality controls (and
any additional quality control measures specified in the addenda) are incorporated into the project design:
(i) Matrix - Related Quality Controls - The GRANTEE shall ensure that the laboratory is provided with
sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates
or laboratory duplicates as follows:
(1) The first time a sample from a sample collection matrix (see Table FA 1000 -1) is collected;
(2) One in each additional 20 samples of the sample collection matrix, after the first 20 samples; and
(3) The last time samples are collected for the sample collection matrix.
(ii) Field- generated Quality Control duplicates or replicates (not to be confused with laboratory duplicates)
shall be collected and analyzed at a frequency of 5% of the total number of samples collected for each
matrix/analyte combination (see FQ 1220).
(1) All field duplicate results greater than the contracted PQL should agree within 20% RPD for each
measured analyte. In the event that the field duplicate agreement is not observed, the GRANTEE
shall investigate and attempt to determine the cause of poor precision. The outcome of these
investigations shall be reported, including the corrective measures taken to minimize future
problems.
(iii) Field- Generated Quality Control (QC) Blanks — Blanks associated with field activities as defined in FQ
1210 of the DEP SOPS shall be collected according to the requirements of FQ 1230.
(1) If an analyte detected in the sample is also found in any field- generated QC blank that is
associated with the sample, the GRANTEE shall investigate and attempt to determine the cause of
the QC blank contamination. The outcome of this investigation shall be reported and shall include
a discussion of the corrective measures taken to minimize future occurrences of QC blank
contamination.
(2) If an analyte detected in the sample is also found in any field- generated QC blank that is
associated with the sample, the GRANTEE shall ensure that the analyte in the affected sample is
reported as estimated ( "J" with a narrative explanation) unless the analyte concentration in the
affected sample is at least 10 times the reported QC blank value concentration.
(iv) The GRANTEE shall identify a second laboratory that meets the requirements in Section 1 and shall
arrange to have split samples collected using the sampling procedures specified in the Contract and
analyzed by the primary and secondary laboratories. Split samples shall be collected at least once
during the project and at least annually thereafter. The GRANTEE shall specify the procedure for
splitting the samples in the planning document.
(1) The results from the two laboratories shall be assessed using a precision criterion of no greater
than 20% RPD as an initial guide to assessment of the split sample results.
(2) All differences between split sample results from the two laboratories shall be investigated and
resolved.
Revision Date: 02/09
DEP Solicitation No. S0659, Attachment F, Page 2 of 14
117 of 180
REPORTING, DOCUMENTATION AND RECORDS RETENTION
a. The GRANTEE shall ensure that all laboratory and field records as outlined in Rules 62- 160.240 and .340,
F.A.C. are retained for a minimum of five years after the project completion.
b. All field and laboratory records that are associated with work performed under this Agreement shall be
organized so that any information can be quickly and easily retrieved for inspection, copying or
distribution.
c. The GRANTEE shall ensure that all laboratory reports are issued in accordance with NELAC requirements.
These reports shall be submitted to the DEP Grant Manager and shall include the following information:
► Laboratory sample identification (ID) and associated Field ID
► Analytical /test method
► Parameter /analyte name
► Analytical result (including dilution factor)
► Result unit
► Applicable DEP Qualifiers per Table 1 of Chapter 62 -160, F.A.C.
► Result comment(s) to include corrective /preventive actions taken for any failed QC measure (e.g.,
QC sample, calibration failure, etc.) or other problem related to the analysis of the samples
► Date and time of sample preparation (if applicable)
► Date and time of sample analysis
► Results of laboratory verification of field preservation
► Sample matrix
► DoH ELCP certification number for each laboratory (must be associated with the test result(s)
generated by the laboratory)
► MDL
► PQL
► Sample type (such as blank type, duplicate type, etc.)
► Field and laboratory QC blank results:
• Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and
the planning document (see Section 6 below);
• Field quality control results including trip blanks, field blanks, equipment blanks, and
field duplicates (or replicates) as specified in the planning document (see Section 6)
► Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable
► Results of surrogate spike analyses (if performed)
► Results of laboratory control samples (LCS)
► Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS,
duplicates, calibration failure, etc.) and the associated sample result(s)
► Acceptance criteria used to evaluate each reported quality control measure
d. The GRANTEE shall ensure that the following field- related information is reported to the DEP Grant
Manager:
► Site and/or facility name, address and phone number
► Field ID for each sample container and the associated analytes (test methods) for which the
container was collected
► Date and time of sample collection
► Sample collection depth
► Sample collection method identified by the DEP SOP number, where applicable
► If performed, indicate samples that were filtered
► Field test measurement results:
• DEP SOP number (FT- series), where applicable
• Parameter name
• Result
• Result unit
• Applicable Data Qualifiers per Table I of Chapter 62 -160, F.A.C.
Revision Date: 02/09
DEP Solicitation No. S0659, Attachment F, Page 3 of 14
118 of 180
► Narrative comments discussing corrective /preventive actions taken for any failed QC measure
(e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field
measurement or other problems related to the sampling event.
e. The GRANTEE shall submit the lab and field data above electronically in either Excel or Access format.
5. AUDITS
a. AUDITS BY THE DEPARTMENT — Pursuant to Rule 62- 160.650, F.A.C., the Department may conduct audits
of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite
audits, the GRANTEE, upon request by the Department, must provide all field and laboratory records
pertinent to the contracted field and laboratory activities. If an audit by the Department results in a
determination that the reported data are not usable for the purpose(s) or do not meet the data quality
objectives specified by the Contract, the DEP Grant Manager shall pursue remedies available to the
Department, including those outlined in Section 8 below.
b. PLANNING REVIEW AUDITS —
(i) Initial: Within 15 days of completing the first sampling and analysis event, the GRANTEE and all
associated subcontractors shall review the planning document (see Section 6 below) relative to the
completed field and laboratory activities to determine if the data quality objectives are being met,
identify any improvements to be made to the process, and refine the sampling and/or analytical design
or schedule. Within one month of the review, a summary of the review, including any corrective
action plans or amendments to the planning document, shall be sent to the DEP Grant Manager and a
copy shall be maintained with the permanent project records.
(ii) Ongoing: Planning reviews as described in item (i) above shall occur annually.
C. QUALITY SYSTEMS AUDITS — The GRANTEE and all subcontractors shall ensure that any required
laboratory and field quality system and management systems audits are performed according to the
respective Quality Manuals for each contracted and sub - contracted entity. These audits shall be
documented in the GRANTEE's and subcontractors' records.
d. STATEMENTS OF USABILITY — As a part of the audit process and the final report, the GRANTEE shall
provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality
Indicators specified in the planning document, this attachment and the addenda.
(i) The GRANTEE shall ensure that all acceptance and usability criteria required by this Agreement not
specified above are listed in the planning document.
(ii) The GRANTEE shall ensure that the results of all quality control measures described above are
evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning
document.
(iii) The GRANTEE shall ensure that all sample results are evaluated according to the additional usability
criteria specified in the planning document.
PLANNING DOCUMENT
a. The GRANTEE shall submit the planning document identified below to the DEP Grant Manager no later
than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning
document in this required timeframe shall result in a delay of approval to begin work until the document
has been submitted to the Department and approved by the DEP Grant Manager. The document shall be
submitted as a Sampling and Analysis Plan or, if desiredd, as the final monitoring plan submitted to the DEP
Grant Manager. In either case, the plan shall include /discuss the information contained in the document
"Requirements for Field and Analytical Work Performed for the Department of Environmental Protection
Under Contract ", DEP -QA- 002/02.
b. The GRANTEE and subcontractors may submit a version of the planning document to the Department for
approval no more than three times. If the GRANTEE fails to obtain approval for the planning document
after the third (final) submission to the Department, the DEP Grant Manager may suspend or terminate the
Contract.
c. The DEP Agreement number shall appear on the title page of the submitted planning document. Within
forty-five (45) days of receipt of the properly identified planning document by the Department, the
Department shall review and either approve the planning document or provide comments to the GRANTEE
and affected subcontractors as to why the planning document is not approved. If further revisions are
needed, the GRANTEE shall then have fifteen (15) days from the receipt of review comments to respond.
The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of
any revisions.
Revision Date: 02/09
DEP Solicitation No. 50659, Attachment F, Page 4 of 14
119 of 180
d. If the review of the planning document by the Department is delayed, through no fault of the GRANTEE,
beyond sixty (60) days after the planning document is received by the Department, the GRANTEE shall
have the option, after the planning document is approved, of requesting and receiving an extension in the
term of the Agreement for a time period not to exceed the period of delayed review and approval. This
option must be exercised at least sixty (60) days prior to the current termination date of the Agreement.
e. Work may not begin for specific Contract tasks until approval has been received by the GRANTEE from
the DEP Grant Manager. Sampling and analysis for the Agreement may not begin until the planning
document has been approved.
f. Once approved, the GRANTEE shall follow the protocols specified in the approved planning document
including, but not limited to:
► Ensuring that all stated quality control measures are collected, analyzed and evaluated for
acceptability;
► Using only the protocols approved in the planning document; and
► Using only the equipment approved in the planning document.
g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor
organizations or changes in key personnel occur, the GRANTEE shall submit appropriate revisions of the
planning document to the DEP Grant Manager for review. The proposed revisions may not be
implemented until they have been approved by the DEP Grant Manager. If the GRANTEE fails to submit
the required revisions, the DEP Grant Manager may suspend or terminate the Agreement.
h. When the approved planning document requires modification, the amendments shall be
(i) Provided in a new planning document, or
(ii) Provided as amended sections of the current planning document, or
(iii) Documented through written or electronic correspondence with the DEP Grant Manager and
incorporated into the approved planning document.
7. DELIVERABLES
a. The following lists the expected schedule for the deliverables that are associated with the Quality
Assurance requirements of this Agreement:
(i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item
2.d above.
(ii) Copies of the QCC sample results per item 2.f. above.
(iii) Non - standard laboratory or field procedures — The GRANTEE shall submit to the DEP Grant Manager
all required information necessary for review of non - standard procedures per items 2.h. and 3.b. above.
(iv) Reports of planning review audits as specified in item 5.b. above.
(v) Statements of Usability as specified in item 5.d. above.
(vi) Planning document per Section 6, above.
8. CONSEOUENCES
a. Failure to comply with any requirement of this attachment may result in:
(i) Immediate termination of the Agreement.
(ii) Withheld payment for the affected activities.
(Ili) Contract suspension until the requirement(s) has been met.
(iv) A request to refund already disbursed payments.
(v) A request to redo work affected by the non - compliant activity.
(vi) Other remedies available to the Department.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revision Date: 02/09
DEP Solicitation No. S0659, Attachment F, Page 5 of 14
120 of 180
Addendum 1
Quality Control Requirements for Laboratories Performing Chemical Analysis
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality
control measures shall be implemented for this Agreement. Note: "Sample" refers to samples that have been either
collected or analyzed under the terms of this Agreement.
Matrix - Related Quality Control Samples - The GRANTEE shall ensure that samples associated with this
Agreement are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The
laboratory shall analyze these samples:
a. The first time samples from a sample collection matrix (see Table FA 1000 -1) are submitted to the
laboratory under this Agreement for analysis. The laboratory shall select one or more of the received
samples for use in composition of the matrix spike and duplicates.
b. After the first 20 samples from the sample collection matrix have been analyzed, at least one matrix spike
and either laboratory duplicates or matrix spike duplicates shall be composed using a sample or samples
selected from each additional 20 samples of the sample collection matrix submitted to the laboratory.
c. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall
select one or more of the received samples for use in composition of the matrix spike and duplicates.
d. Spike levels must be at the concentrations specified in item 3 below.
e. If the selected sample concentration is expected to be below the Contract - specified practical quantitation
limit (PQL) listed in the planning document, then matrix spike duplicates must be used.
Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory
Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less.
a. The acceptance criteria for the LCS shall be specified in the planning document.
b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If
the samples cannot be reprocessed, the data must be appropriately qualified.
For applicable analytes denoted in the planning document, a QC check sample, standard reference material
(SRM) or other quality control sample, hereinafter identified collectively as quality control check samples
(QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the
acceptance limits established for the QCCS.
a. Analysis of a QCCS is required for but not limited to the following analyses:
(i) Chlorophyll — the assay for the QCCS or its original formulation shall have been determined by an
organization external to the laboratory ;
(ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) — the method - specified
glucose /glutamic acid check solution shall be used; and,
(iii) Copper in seawater — the QCCS shall be any seawater - matrix SRM assayed by an organization
external to the laboratory.
b. If the QCCS is unacceptable, the samples associated with the QCCS shall be reprocessed with a new
QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted
samples in the preparation batch.
Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample
preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.). The final concentration of
any spike fortification shall be at the applicable level identified below.
a. If any of the samples in the preparation batch are non - detect (i.e., below the MDL specified in the planning
document), the spiking level must not be greater than 2 times the Contract - specified PQL.
b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted
sample in the preparation batch.
Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the
Contract and listed in the planning document or the data must be appropriately qualified.
a. If the failure is reported to be due to sample matrix interference, the laboratory shall document the process
by which this conclusion is determined.
Evaluation of Laboratory Duplicate /Replicate Samples — All replicate samples (sample duplicates, matrix spike
duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 %
RPD. This criterion shall be listed in the planning document.
a. In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor
precision and report the results with appropriate qualifiers and/or comments.
Revision Date: 02/09
DEP Solicitation No. S0659, Attachment F, Page 6 of 14
121 of 180
7. Instrument Calibration — In addition to calibration procedures specified in the analytical methods listed in the
planning document, the GRANTEE shall ensure that the following requirements are met:
a. All sample results shall be chronologically bracketed between acceptable calibration verifications.
b. Initial Calibration Requirements
(i) The minimum number of calibration standards required to calibrate each instrument used for the
contracted analyses shall conform to the analytical method approved in the planning document. If the
minimum number of calibration standards is not specified in the method, the number must be specified
in the planning document and shall be consistent with the NELAC Chapter 5 standards.
(ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration
curve responses.
(iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all
regressions.
(iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified
using a second source. A second source may be a standard, a Standard Reference Material (SRM), or
other sample type with a verified concentration such as a QC Check Sample. Standards must have
been prepared from a different lot or vendor.
(v) The acceptance criteria for second - source verifications shall be specified in the planning document.
(vi) Sample analysis cannot proceed if an initial calibration is unacceptable.
c. Continuing Calibration Requirements:
(i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard
shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples.
(ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run.
(iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning
document.
(iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration
standard prepared at the Contract - specified PQL. The analyzed value of this standard must be within
70% — 130% of the expected value. If this PQL check fails, the blank and associated sample results
must be reported as "estimated" per Chapter 62 -160, F.A.C. unless the affected results are at least 10
times the absolute value of the observed bias of the PQL check.
(v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable
calibration verifications must be reanalyzed or appropriately qualified.
d. Sample results below the Contract - specified PQL and above the highest calibration standard shall be
appropriately qualified.
8. Quality Control Blanks
a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with
the blank must be reported with the appropriate qualifier from Chapter 62 -160, F.A.C., unless the affected
sample concentrations are at least 10 times higher than the calculated QC blank concentration.
b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC
blanks.
c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result must be
confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with
the blank are at least 10 times the calculated blank concentration. The laboratory must investigate the
blank contamination to determine that positive blank results are not due to a laboratory error and report the
affected samples and field- generated blank results with appropriate qualifiers and/or comments.
9. If any quality control measure or calibration verification fails (including those specified above), samples that are
associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality
control measure or calibration must be appropriately qualified as specified in Chapter 62 -160, F.A.C. An
explanatory comment must be attached to the final report for each result that has a qualifier code other than U, 1,
or A. Any additional qualifier codes used but not explicitly listed in Chapter 62 -160, F.A.C. must be identified
and defined in the report.
10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation
weights and volumes.
11. Field QC duplicates or replicates - The GRANTEE shall ensure that field duplicates (not to be confused with
laboratory duplicates) are analyzed. All field duplicate results greater than the contracted PQL should agree
within 20% RPD for each measured analyte. In the event that field duplicate agreement is not observed, the
Revision Date: 02/09
DEP Solicitation No. 50659, Attachment F, Page 7 of 14
122 of 180
laboratory must investigate sufficiently to determine that poor precision is not due to a laboratory error and
report the results with appropriate qualifiers and/or comments.
12. For all organic analyses using either gas chromatography or HPLC, analytes with concentrations above the
method detection limit shall be confirmed by at least one of the qualitative identification measures listed below.
Confirmation must occur the first time an analyte is detected at a sampling point.
► Second column/same detector
► Second column/alternate detector
► Same column /alternate detector
► Mass spectrometry
► Alternate wavelength
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revision Date: 02/09
DEP Solicitation No. S0659, Attachment F, Page 8 of 14
123 of 180
Addendum 2
Quality Control Requirements for Laboratories Performing Microbiological Testing
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality
control measures shall be implemented for this Agreement. Note: "Sample" refers to samples that have been either
collected or analyzed under the terms of this Agreement.
I. All microbiological analyses must conform to the requirements for facilities, personnel qualifications,
equipment specifications and quality control measures discussed in AWWA Standard Methods, section 9020 (all
acceptable editions)
2. Holding Times — Any sample that exceeds the holding time specified in 40 CFR Part 136 (for non - potable
water) or 40 CFR Part 141 (for drinking water compliance) must be appropriately qualified with a "Q ". The
holding begins with the sample collection date and time and ends with the date and time of the placement of the
processed sample into or on the applicable growth medium.
a. For non - potable water, the maximum transport time to the laboratory is 6 hours and samples should be
processed within 2 hours of receipt at the laboratory. For purposes of contractual services and to
determine compliance with this requirement, the Department will allow no greater than 6 hours from
time of collection to the time of receipt by the laboratory AND no greater than 8 hours from time of
collection to the placement of the processed sample into or on the applicable growth medium
b. All samples that are either received after 6 hours OR placed into or on growth medium after 8 hours will be
considered outside of holding time and must be qualified with a "Q" qualifier.
(i.) All samples that exceed the method - specified incubation period (range of minimum to maximum) shall
be qualified with a "J" qualifier.
c. For drinking water compliance, the time from sample collection to placement of the processed sample into
or on the applicable growth medium may not exceed 30 hours.
(i.) All samples that are processed after 30 hours will be considered outside of holding time and must be
qualified with a "Q" qualifier.
(ii.) All samples that exceed the method - specified incubation period (range of minimum to maximum
hours) shall be qualified with a "J" qualifier.
d. In order to evaluate the holding time for each sample, the following information shall be documented.
(1) Date and time of sample collection
(2) Date and time of laboratory receipt of the sample
(3) Date and time the analysis begins — (The time at which the sample is placed in or on the appropriate
media for incubation).
(4) Date and time incubation begins
(5) Date and time analysis ends - The date and time incubation ends and plates /tubes are read.
3. Dilutions for membrane filter analysis - In order to achieve the recommended range of target organisms (20 —
60 colony forming units (CFU) for fecal coliform, enterococci and fecal streptococcus or 20 — 80 for total
coliforms and E.coli), multiple dilutions of a sample must be run. While the general history of a sample site
may be well known, the water will be influenced by many environmental factors at any one time.
a. A minimum of 3 dilutions will be run for each sample analysis (except blanks), The three dilution
volumes may vary according to the range of expected values or an understanding of the environmental
conditions at the time of sampling. Waters of a higher quality (low microbial density) may benefit from a
dilution series of 100 mL, 50 mL, and 25 mL of sample volume, whereas, lower quality waters (high
microbial density) might require only 10 mL, 1.0 mL, and 0.1 mL. Use a 100 mL dilution for all blanks
(including field and equipment blanks). Table I provides suggested volumes for varying water sources and
has been adapted from Table 9222:111, Standard Methods, 206 Edition, and can be used for microbiological
samples:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revision Date: 02/09
DEP Solicitation No. S0659, Attachment F, Page 9 of 14
124 of 180
Table 1: Sug
jested sample dilutions
Water source
Dilutions (Sample Volume, mL
Equipment, field blanks
100
Lakes, reservoirs, rivers
100, 50, 10 or 50, 10, 25
Wells, springs
100, 50, 10 or 100, 50, 25
Water supply intake
50, 10, 1
Natural bathing waters
50, 10, 1
Sewage treatment plant
10, 1, 0.1
Farm ponds, rivers
I, 0.1, 0.01
Stormwater runoff
1, 0.1, 0.01
Raw municipal sewage
0.1, 0.01, 0.001
Feedlot runoff
0.1, 0.01, 0.001
—Sewage sludge
0.01, 0.001, 0.0001
4. QUALITY CONTROL BLANKS
a. The number and types of blanks to be run shall follow method requirements with these modifications:
(i.) If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and
ending filtration blank processed within a time period not to exceed 30 minutes. The environmental
field samples shall be filtered after the beginning blank and before the ending blank.
(ii.) If filtration funnels are not sanitized by U light between samples, additional sterility blanks shall be
filtered after every 10 samples processed within the 30- minute set
b. The results of any blank must be < 1 CFU /100 mL or the associated sample results must be reported with
the appropriate qualifier from Chapter 62 -160, F.A.C. ( "V" for filtration blanks and "J" for field- generated
blanks).
5. Laboratory Quality Control Duplicates
a. At least 10% of the samples (or one per test run) shall be duplicated.
b. All duplicate results shall be evaluated per method specifications using the precision criterion. The range
of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the
event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor
precision and report the results with appropriate qualifiers and/or comments.
c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the
laboratory established precision criterion) is not observed between results from field- generated replicate
samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to
a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall
use the analytical method specifications for precision control as a guide to evaluation of the field- generated
replicate results.
6. Colony Counts
a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures
established in the microbiological method(s) approved for the Contract and listed in the planning document.
b. The laboratory shall make every attempt to ensure that colony counts are in the method - specified ideal
range (20 — 60 colony forming units (CFU) for fecal coliform, enterococci and fecal streptococcus or 20 —
80 for total coliforms and E.coli). Reported values from colony plate counts outside this range shall be
qualified with a "B" (unless the reported value is from a 100 mL sample and the count is less than 20).
c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result
must be reported as "estimated ".
7. Calculating Raw Data for Final Reporting - Standard Methods (SM) 9222D and EPA Method 1600 offer
slightly differing guidance on the calculation and reporting of microbiological data. Although this guidance is
not intended to capture every scenario possible in the calculation and reporting of the test data, the most
common scenarios are discussed with the emphasis on reporting the data result, the dilution factor, and the data
qualifier. For detailed discussions on additional scenarios, see the applicable method.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revision Date: 02/09
DEP Solicitation No. S0659, Attachment F, Page 10 of 14
125 of 180
a. Interpretation of Standard Methods SM 9222, B.6, 200' Ed. and EPA 1600, Appendix B. calculations:
CFU /100 mL= C x 100
V
Where,
CFU /100 mL = Number of enterococci or fecal coliform colony forming units per 100
mL of sample.
C = Total number of positive colonies counted on all acceptable dilutions.
V = Total volume, equal to the sum of all acceptable dilutions (sample volumes used, in
mL
(i.) When one dilution in a series has a count within the ideal CFU range (see above):
(a) Use the count from the dilution that is within range to calculate the final result in the equation
above.
(ii.) When more than one dilution in a series has an acceptable count within the ideal range use the
applicable method below. Since this calculation is not a laboratory sample replicate, do not use an
"A" qualifier.
(1) SM 9222D - Use the sum of all dilutions within the ideal range and the sum of the counts from all
dilutions in the ideal range in the equation above.
(2) EPA 1600 - Independently calculate a final value for each dilution within the ideal range in the
equation above and report the average of these values.
(iii.) When no dilutions fall within the ideal range:
(1) For both methods: A "B" qualifier is not required if all dilutions were less than the lower
acceptable limit (20 CFUs), and one of the dilutions was 100 mL. For this situation, report the
calculated value from the 100 mL dilution without a "B ".
(2) SM 9222D - Use the sum of all dilutions in the equation to calculate the final result. Include
dilutions that have a zero count. Report the final result with a "B" qualifier.
(3) EPA 1600:
(a) If all counts are under the lower acceptable limit (20 CFUs) or are both above and below the
limit, choose the dilution with the count that is closest to the ideal range to calculate final
result and report with a "B" qualifier.
(b) If all counts are above the upper acceptable limit (60 or 80 CFUs), use the dilution with the
smallest volume filtered to calculate final result and report with a "B" qualifier.
(iv.) If counts from all dilutions are zero:
(1) For SM 922213- Use "1" as the total number of colonies counted and include all dilutions in the
equation to calculate final result. Report with a "U" qualifier.
(2) For EPA 1600 - Use "I" as the total number of colonies counted and use only the highest filtration
volume as total volume in the equation above to calculate final result. Report with a "U" qualifier.
(v.) If there are >200 target colonies in all dilutions:
(vi.) For both methods - Use the upper limit of the ideal range (60 or 80) and the smallest filtration
volume in mL to calculate an estimated final result. Report with a "Z" qualifier.
(vii.) If there are >200 non - target colonies, or if the colonies are not distinct enough to count (confluent
growth) in all dilutions:
(1) For both methods - Report as "No Result" with a "Z" qualifier.
Use of Dilution Factor (DF) field
a. Use the following equation to determine dilution factor for all samples:
DF = 100
V
Where,
DF = Dilution Factor
V = Total volume (sum of dilutions in mL used in final calculation)
9. Verification
a. Frequency
(i.) Independently verify at least 10 isolated colonies from a positive sample per month.
(ii.) Verify atypical colonies of different morphological types to check for false negatives.
(iii.) Also, verify any ambiguous colonies as needed.
Revision Date: 02/09
DEP Solicitation No. 50659, Attachment F, Page I 1 of 14
126 of 180
b. Procedure
(i.) Use aseptic techniques to transfer growth from each colony into individual tubes. For 10 colonies,
there should be 10 tubes total, for each verification test media.
(ii.) See Table 2 for the method requirements for fecal coliform and Enterococci. Follow the method
requirements for all others.
Table 2: Verification Tests
Method
Verify with the followin :
BHI Aar Slant
BHI
Gram stain
BHI
BEA
BHI
w/6.5%
35 t 0.5 °C
35 f 0.5 °C
(gram
45 f 0.5 °C
35 t 0.5 °C
NaCl
Enterococci
48 t 3 h
24 t 2 h
positive
48 t 3 h
48 ± 3 h
EPA 1600
(use growth for
(turbidity)
cocci)
(turbidity)
(growth w/
35 t 0.5 °C
gram staining)
black/brown
48 t 3 h
precipitate)
(turbidity)
LTB
EC
Fecal
35 f 0.5 °C
44.5 t 0.2 °C
Coliforms
48 t 3 h
24 t 2 h
SM9222D
(turbidity and gas)
(turbidity
and gas)
The response bolded in parentheses indicate the positive result for each test.
c. Reporting
(i.) Adjust colony counts for the original positive sample based on percent of colonies verified positive.
(1) For example: A sample dilution has a colony count of 30 fecal coliforms. Ten of these positive
blue colonies were used in the verification tests, but only 8 verified positive for both EC and LTB.
This means only 80% were verified positive and therefore the final count of 30 is adjusted by 80%
to 24 colonies.
(ii.) For verified samples, report as "Verified" in the comment field.
10. Data Qualifier Codes - The use of Data Qualifier Codes is not discussed in the methods, but the Department's
QA -Rule 62 -160 F.A.C. requires that data qualifiers be used when the data is being submitted to the State. The
purpose of the Data Qualifier Codes is to communicate the reliability of the reported data to the consumer.
Table 3 identifies those Data Qualifier codes that are generally associated with microbiological data reporting.
Others may apply. The laboratory must apply any applicable data qualifiers as listed in Table I of the Quality
Assurance Rule (62 -160, F.A.C.)
a. Any data point which is derived from any analysis other than the direct calculation of the number of
colonies on a membrane filter that were within the recommended range of the method must be qualified
with one or more of the Data Qualifier Codes listed below.
b. Any result associated with a failed QC test must be reported with applicable data qualifiers.
c. Any result that is associated with a failure to meet test requirements (e.g., holding time, incubation time,
etc.) shall also be qualified with applicable data qualifiers.
d. Failure to report data with appropriate data qualifier codes will be returned to the laboratory without
payment for services until corrections are made.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revision Date: 02/09
DEP Solicitation No. S0659, Attachment F, Page 12 of 14
127 of 180
Table 3
Typical
Quali
Data Qualifier
62-160 Re-ulatory
Codes to be used when Reporting Microbiological Data to the FDEP under the Overflow Purchase Order or Contract (others may a
Contract
Her
ikleanin (rule) oi- (Contract)
Value reported is the arithmetic mean (average) of two or more determinations. This code shall be used if the reported value is the average of results
Rule
for two or more discrete and separate samples. These samples shall have been processed and analyzed independently. Do not use this code if the data
A
are the result of replicate analysis on the same sample aliquot, extract or digestate.
Contract
Requirement
Two or more replicates of the same volume of sample are run and the data averaged.
Results based upon colony counts outside the acceptable range. This code applies to microbiological tests and specifically to membrane filter colony
Rule
counts. The code is to be used if the colony count is generated from a plate in which the total number of coliform colonies is outside the method
indicated ideal range. This code is not to be used if a 100 mL sample has been filtered and the colony count is less than the lower value of the ideal
13
range.
Contract
Based on colony counts outside the method specified range of 20 — 60 colonies per membrane filter. This code is not required if a 100 mL sample
Requirement
has been run the densitv reported is below 20 and onlv this sample value was reported.
Estimated value. A "J" value shall be accompanied by a detailed explanation to justify the reason(s) for designating the value as estimated. Where
possible, the organization shall report whether the actual value is estimated to be less than or greater than the reported value. A "J" value shall not be
used as a substitute for K, L, M, T, V, or Y, however, if additional reasons exist for identifying the value as an estimate (e.g., matrix spiked failed to
meet acceptance criteria), the "J" code may be added to a K, L, M, T, V, or Y. Examples of situations in which a "J" code must be reported include:
Rule
instances where a quality control item associated with the reported value failed to meet the established quality control criteria (the specific failure
must be identified); instances when the sample matrix interfered with the ability to make any accurate determination; instances when data are
J
q uestionable because of improper laboratory or field protocols (e.g., composite sample was collected instead of a grab sample); instances when the
analyte was detected at or above the method detection limit in a blank other than the method blank (such as calibration blank or field- generated
blanks and the value of 10 times the blank value was equal to or greater than the associated sample value); or instances when the field or laboratory
calibrations or calibration verifications did not meet calibration acceptance criteria.
Contract
In addition to the above examples, other "J" code situations are: quality control duplicate failures, ongoing precision recovery (OPR) spike failures,
Requirement
matrix s ike failures, incubation period or tem erature ailures, other QC check allures.
Rule
Sampled, but analysis lost or not performed.
0
Contract
Sample taken but analysis lost, invalidated, or not performed.
Requirement
Q Rule Sample held beyond the accepted holding time. This code shall be used if the value is derived from a sample that was prepared or analyzed after the
approved holding time restrictions for sample preparation or analysis.
Revision Date: 02109
DEP Solicitation No. S0659, Attachment F, Page 13 of 14
128 of 180
Table 3
Typical
Data Qualifier
Codes to be used when Reporting Microbiological Data to the FDEP under the Overflow Purchase Order or Contract others may a 1 )
Contract
Sample received after 6 hours OR analyzed beyond 8 hours.
Requirement
Indicates that the compound was analyzed for but not detected. This symbol shall be used to indicate that the specified component was not detected.
Rule
The value associated with the qualifier shall be the laboratory method detection limit. Unless requested by the client, less than the method detection
U
limit values shall not be reported see "T" above).
Contract
Organism was analyzed for but not detected.
Requirement
Indicates that the analyte was detected at or above the method detection limit in both the sample and the associated method blank and the value of 10
Rule
times the blank value was equal to or greater than the associated sample value. Note: unless specified by the method, the value in the blank shall not
V
be subtracted from associated samples.
Contract
Analyte was detected in both samples and method blank. Use this code when the sample result is less than or equal to 10 times the value of the blank.
Requirement
Do not subtract the value of the blank rom the sample result.
Y
Rule
The laboratory analysis was from an improperly preserved sample. The data may not be accurate.
Too many colonies were present for accurate counting. Historically, this condition has been reported as "too numerous to count" (TNTC). The "Z"
Rule
qualifier code shall be reported when the total number of colonies of all types is more than 200 in all dilutions of the sample. When applicable to the
observed test results, a numeric value for the colony count for the microorganism tested shall be estimated from the highest dilution factor (smallest
Z
sample volume) used for the test and reported with the qualifier code.;
Contract
Colonies on plate too numerous to count (TNTC). Results shall be reported as the maximum recommended count of typical target colonies (60
Requirement
CFU /lowest volume used x 100 mL). If atypical, non - target, spreading colonies or other interferences occur where typical target organisms
cannot be determined, report "No Result" in the results column and "Z" in the Data Qualifier column.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revision Date: 02/09
DEP Solicitation No. 50659, Attachment F, Page 14 of 14
129 of 180
(M Of
HOME OF VPEUCAN ISLAND
City of Sebastian
Subject: Fill One Expired Regular
Agenda No: �A
Member Position on the Planning and
Zoning Commission
Department Origin: City Clerk's Office
A pr ed for Submittal by:
Date Submitted: 10/15/13
For Agenda of: 10/23/13
,L--
4141 er, City Manager
City Attorney:
V
Exhibits: Application, Ad, List
Expenditure Required:
Amount Budgeted:
Appropriation
Required:
SUMMARY STATEMENT
Mr. Dodd's position has expired on the Planning & Zoning Commission. He
requests to be considered for another term. He is currently the chair of the
Commission. No other applications have been received.
RECOMMENDED ACTION
Interview, unless waived, and submit nomination for the expired, regular member
position with an expiration term of November 1, 2016.
130 of 180
0�1_
Page 1 of 1
Jeanette Williams
From: Ed Dodd - comcast feddodd62 @comcast.net]
Sent: Thursday, October 03, 2013 5:38 PM
To: Jeanette Williams
Cc: Dorn Bosworth
Subject: Position on Planning and Zoning Commission
Jeanette:
I would like to continue my service on the P &Z, so please add my name to the list of applicants. There are no
major changes to my application.
I'm also still interested in the Citizens Budget Review Advisory Board and would appreciate it if you would
place my name into consideration for appointment to this board.
Thanks
Ed Dodd
772 - 473 -5440
eddodd62(cbcomcast. net
10/4/2013 131 of 180
aTY0F
HOME OF PELICAN ISLAND
APPLICATION TO SERVE ON CITY BOARDICOMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: Charles (Ed) Dodd
HOME ADDRESS: 906 Fleming St. Sebastian 32958
HOME PHONE: 772- 388 -5440 HOME FAX: E -MAIL:
E -Mail- eddodd62 @comcast.net
BUSINESS: N/A
BUSINESS ADDRESS:
BUSINESS PHONE: BUSINESS FAX: E -MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOW LONG? 9
Years
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS /COMMITTEES? Planning and Zoning Commission
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
x CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer)
CONSTRUCTION BOARD (permanent board - meets once a month)*
HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board -meets quarterly)
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)
Q
NATURAL RESOURCES BOARD (permanent board - meets once a month)
o
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
o '
*Filing of financial disclosure is required following appointment
r
Cll
t —
tv 'r
3 �
CL7 n
r
CJ7 M
U1 -7,
132 of 180
APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required)
See attached Resume
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
Two years as a member of the P &Z commission have given
me a good basis for reviewing items before the
commission
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
Past Chair of Code Compliance Board.
Current Member of P &Z Commission
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? NO
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE? NO
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE? Yes
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 Code of Ordinances Sections 2 -166 through 2 -173
(attached). Information relative to a specific board or committee is avai if r este .
Applicant Signature
Subscribed and sworn to before me this 3rd day of —TO-VI Lt Q-r , ZO r r by
ckav-ies (8d )1)adcA I who is personally known to me, or has produced
as identification.
wabxLnia
tary Public, State of Florida
Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330
1wp- formla pplicat.wpd
rev. 7/2007
133 of 180
JEANEITE WIWAMS
Commission DD 630052
Expires February 28, 2011
PaOFROMA
Bx4ad ThfuTmy Fab IrmrawW0385-7019
133 of 180
Charles E. Dodd
906 Fleming St. a Sebastian, FL 32958 w (772) 388 -5440 m eddodd @aol.com
Professional Profile
An accomplished professional with experience in information technologies, construction project
management, supply chain and distribution project management, health insurance management,
project coordination, and sales management who has had full profit and loss responsibility.
Areas of Expertise
Account Management Customer Service Facility Management
Profit and Loss Responsibility Product Marketing Project Management
Software Development Strategic Planning Total Quality Management
Professional Summa
General Manager, J. Dodd Plumbing, Inc.
Provide general management, estimating, customer service and project control for Plumbing
business.
Regional VP - General Manager, LANtech, Inc
Held full profit and loss responsibility for the Southeast US region was accountable for
supervision of technical, sales and distribution staff with oversight responsibility for sales and
marketing efforts. Managed account managers, account representatives and technical staff.
President and CEO, USAble Systems, Inc.
Hold total profit and loss responsibility, interfaced with outside directors and facilitated director
meetings. Maintain accountability for the supervision of technical and client support managers
and oversee direct sales and marketing. Manage the activities of product development managers,
customer account managers and direct installation efforts.
Vice President, Marketing and Customer Fulfillment, USAble Systems, Inc.
Supervised marketing, sales, and installation efforts for a company encompassing 135 developers
and up to 40 customer site employees.
Education
BS, West Virginia State University, Business Management and Accounting
134 of 180
PRESS RELEASE
The City of Sebastian is accepting applications for the following
position on the Planning & Zoning Commission:
Expired, Regular Member Position — Term to expire 11/1/2016
Interested individuals must have resided in Sebastian one year prior
to application. This is a volunteer position.
In the event Council fills the position with an alternate member,
Council may choose one of the applicants to fill the alternate 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 14th, 2013.
135 of 180
PLANNING & ZONING COMMISSION
3 -YEAR TERMS
MEETS 1ST 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
11/112014
Paul384(ftellsouth. 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 ()att.net
91$ -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(a)-gmail.com
581 -0775
Took Srinivasan's expired
Term to
Domenic Durr
regular member position
expire
542 Quarry Lane
2/9/11
2/1/2014
Sebastian, FL 32958
ddomf(ohotmail.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
Term to
expire
458 Oak Street
Sebastian, FL 32958
Took Simmons unexpired
6/1/2015
Josereyes01(a,comcast
regular member position
3!1/11
.net
453 -6157
Took Neuberger's
unexpired alternate
member position 7/14/10
Revised 10.10.2013
136 of 180
Joel Roth — Vice Chair
Re- appointed 4/24/13
Term to
1984 E. Lakeview Drive
expire
Sebastian, FL 32958
Re- appointed 5/12110
5/1/2016
ioelroth 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
expire
Sebastian, FL 32958
Took Allocco's unexpired
11/1/2013
eddodd@aol.com
regular member position
388 -5440
12/12/07
Alternate
John McManus
Took Dyer's expired
Term to
1295 Sebastian Lakes
alternate member position
expire
Drive
10/09/13
11/1/2016
Sebastian, FL 32958
Bmcmanus2062Jbellsouth
.net
589.0013
Alternate
Louise Kautenburg
Took Hennessey's
Term to
973 Oswego Avenue
unexpired alternate
expire
Sebastian, FL 32958
member position 3/14/12
1/1/2014
Louisekl (d�juno.com
696 -3716
Staff Liaison — Community Development Director
Revised 10. 10.2013
137 of 180
� 1
AGENDA TRANSMITTAL
Subject:
Agenda No. qA -13.13
NPDES Ordinance 0 -13 -11
Department Origin: City Manager
City Attorney:
A pro d for Submittal by:
City Clerk:
NV�
Date Submitted: 16 OCT 13
Ailm i e City Manager
For Agenda Of: 23 OCT 13
Exhibits:
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
1
$0
$0
$0
SUMMARY
This is second reading on Ordinance 0 -13 -11 adopting the required NPDES
programming for the City of Sebastian. The program implements best management
practices and requires for the City to manage public storm waters.
RECOMMENDATION
Staff recommends approval of 0- 13 -11.
138 of 180
ORDINANCE NO. 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
IMPLEMENTATION OF AN URBAN STORMWATER QUALITY
MANAGEMENT AND DISCHARGE CONTROL PROGRAM TO REDUCE
POLLUTANT DISCHARGES TO THE MUNICIPAL SEPARATE STORM
SEWER 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 SEVERABILTY AND EFFECTIVE DATE.
WHEREAS, the City of Sebastian was designated by the United States
Environmental Protection Agency as a regulated local government under Phase 2 of the
National Pollutant Discharge Elimination System (NPDES) Stormwater Permitting
Program; and,
WHEREAS, this designation requires the City of Sebastian to develop and
implement an Ordinance or other regulatory mechanism to require erosion and
sediment controls, to implement sanctions to ensure compliance and to reduce
pollutants in any stormwater runoff to the MS4; and,
WHEREAS, the City Council of the City of Sebastian desires to implement this
Ordinance to comply fully with the requirements of the designation as a regulated local
government;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN AS FOLLOWS:
SECTION 1. NEW CHAPTER. A new Chapter 102 - Article VI, Urban Storm Water
Quality Management and Discharge Control, is hereby created to read as follows:
ARTICLE VI
URBAN STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROL
DIVISION I - PURPOSE AND DEFINITIONS
Section 102 -130. Title and General Provisions. This Article shall be known as the
"Urban Storm Water Quality Management and Discharge Control Ordinance" of the City
of Sebastian and may be so cited.
139 of 180
Section 102 -131. Purpose and Intent. The purpose and intent of this Article is to
ensure the health, safety, and general welfare of citizens, and protect and enhance the
water quality of watercourses and water bodies in a manner pursuant to and consistent
with the Federal Clean Water Act (33 U.S.C. §1251 et seq.) by reducing pollutants in
storm water discharges to the maximum extent practicable and by prohibiting non -storm
water discharges to the storm drain system.
Section 102 -132. Definitions. The terms used in this Article shall have the following
meanings:
(a) Best Management Practices. Activities, practices, and procedures to prevent or
reduce the discharge of pollutants directly or indirectly to the municipal storm drain
system and waters of the United States. Best Management Practices include but are not
limited to: treatment facilities to remove pollutants from storm water; operating and
maintenance procedures; facility management practices to control runoff, spillage or
leaks of non -storm water, waste disposal, and drainage from materials storage; erosion
and sediment control practices; and the prohibition of specific activities, practices, and
procedures and such other provisions as the City determines appropriate for the control
of pollutants. The City of Sebastian's Stonnwater Master Plan or Stormwater Pollution
Prevention Plan (SWPPP), as discussed further under Section 102 -141 herein, provides
for specific requirements.
(b) City. The City of Sebastian.
1. The duly appointed City Manager of the City of Sebastian, or designee.
(c) Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
and any subsequent amendments thereto.
(d) Construction Activity. Activities subject to NPDES Construction Permits. These
include construction projects resulting in land disturbance of 5 acres or more. Such
activities include but are not limited to clearing and grubbing, grading, excavating, and
demolition.
(e) Hazardous Materials. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or
potential hazard to human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
(f) Illegal Discharge. Any direct or indirect non -storm water discharge to the storm drain
system, except as exempted in Division II, Section 102 -138 of this chapter.
(g) Illicit Connections. An illicit connection is defined as either of the following:
1. Any drain or conveyance, whether on the surface or subsurface, which allows
an illegal discharge to enter the storm drain system including but not limited to
any conveyances which allow any non -storm water discharge including sewage,
process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or
approved by a government agency; or
2. Any drain or conveyance connected from a commercial or industrial land use
140 of 180
to the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by the City.
(h) Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40
CFR, Section 122.26 (b)(14).
(i) National Pollutant Discharge Elimination System ( NPDES) Storm Water Discharge
Permits. A permit issued by the Environmental Protection Agency (EPA) or the Florida
Department of Environmental Protection (FDEP) that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on an
individual, group or general area -wide basis.
0) Non -Storm Water Discharge. Any discharge to the storm drain system that is not
composed entirely of storm water.
(k) Pollutant. Anything which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids;
non - hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter,
or other discarded or abandoned objects, articles, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result from constructing
a building or structure (including but not limited to sediments, slurries, and concrete
rinsates); and noxious or offensive matter of any kind.
(1) Pollution. The human -made or human - induced alteration of the quality of waters by
waste to a degree which unreasonably affects, or has the potential to unreasonably
affect, either the waters for beneficial uses or the facilities which serve these beneficial
uses.
(m) Premises. Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
(n) Storm Drain System. Publicly -owned facilities operated by the City by which storm
water is collected and /or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human -made or altered drainage channels,
reservoirs, and other drainage structures which are within the City and are not part of a
publicly owned treatment works as defined at 40 CFR Section 122.2.
(o) Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from
rain storm events.
(p) Waters of the United States. Surface watercourses and water bodies as defined at
40 CFR § 122.2. including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may only carry water
during rains and storms and may not carry storm water at and during all times and
seasons.
Section 102 -133. Applicability. This Article shall apply to all water entering the storm
drain system generated on any developed and undeveloped lands lying within the City
of Sebastian including any amendments or revisions thereto.
Section 102 -134. Responsibility for Administration. The City Manager or the City
141 of 180
Manager's designee shall administer, implement, and enforce the provisions of this
Article. Any powers granted or duties imposed upon the City Manager may be
delegated in writing to persons or entities acting in the beneficial interest of or in the
employ of the City.
Section 102 -135. Severability. The provisions of this Article are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of this Article or the
application thereof to any person, establishment, or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of this Article.
Section 102 -136. Regulatory Consistency. This Article shall be construed to assure
consistency with the requirements of the Clean Water Act and acts amendatory thereof
or supplementary thereto, or any applicable implementing regulations.
Section 102 -137. Ultimate Responsibility of Discharger. The standards set forth herein
and promulgated pursuant to this Article are minimum standards; therefore this Article
does not intend nor imply that compliance by any person will ensure that there will be no
contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S.
caused by said person. This Article shall not create liability on the part of the City of
Sebastian, or any agent or employee thereof for any damages that result from any
discharger's reliance on this Article or any administrative decision lawfully made
thereunder.
DIVISION II - DISCHARGE PROHIBITIONS
Section 102 -138. Prohibition of Illegal Discharges. No person shall discharge or cause
to be discharged into the municipal storm drain system or watercourses any materials,
including but not limited to pollutants or waters containing any pollutants that cause or
contribute to a violation of applicable water quality standards, other than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
(a) Discharges from the following activities will not be considered a source of pollutants
to the storm drain system and to waters of the U.S. when properly managed to ensure
that no potential pollutants are present, and therefore they shall not be considered
illegal discharges unless determined to cause a violation of the provisions of the Clean
Water Act, or this ordinance: potable water line flushing; uncontaminated pumped
groundwater and other discharges from potable water sources; landscape irrigation and
lawn watering; diverted stream flows; rising groundwater; groundwater infiltration to the
storm drain system; uncontaminated foundation and footing drains; uncontaminated
water from crawl space pumps; air conditioning condensation; uncontaminated non-
industrial roof drains; springs; individual residential and occasional non - commercial car
washing; flows from riparian habitats and wetlands; dechlorinated swimming pool
discharges; street wash waters; and flows from fire fighting.
(b) The prohibition shall not apply to any non -storm water discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and
administered by the FDEP under the authority of the Federal Environmental Protection
142 of 180
Agency, provided that the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations, and provided that
written approval has been granted by the City of Sebastian for any discharge to the
storm drain system.
(c) With written concurrence of the Regional Board, the City of Sebastian may exempt in
writing other non -storm water discharges which are not a source of pollutants to the
storm drain system nor waters of the U.S.
Section 102 -139. Prohibition of Illicit Connections
(a) The construction, use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited.
(b) This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
Section 102 -140. Waste Disposal Prohibitions. No person shall throw, deposit, leave,
maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any
public or private property, driveway, parking area, street, alley, sidewalk, component of
the storm drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or
other discarded or abandoned objects, articles, and accumulations, so that the same
may cause or contribute to pollution. Wastes deposited in streets in proper waste
receptacles for the purposes of collection are exempted from this prohibition.
Section 102 -141. Discharges in Violation of Industrial or Construction Activity NPDES
Storm Water Discharge Permit. Any person subject to an industrial or construction
activity NPDES storm water discharge permit shall comply with all provisions of such
permit. Proof of compliance with said permit may be required in a form acceptable to the
City Manager prior to or as a condition of a subdivision map, site plan, building permit,
or development or improvement plan; upon inspection of the facility; during any
enforcement proceeding or action; or for any other reasonable cause.
DIVISION III - REGULATIONS AND REQUIREMENTS
Section 102 -142. Reauirement to Prevent Control and Reduce Storm Water Pollutants
(a) Authorization to Adopt and Impose Best Management Practices. The City will adopt
requirements identifying Best Management Practices for any activity, operation, or
facility which may cause or contribute to pollution or contamination of storm water, the
storm drain system, or waters of the U.S. Such requirement will be located in the
Stormwater Master Plan /SWPPP. Where Best Management Practices requirements are
promulgated by the City or any federal, State of Florida, or regional agency for any
activity, operation, or facility which would otherwise cause the discharge of pollutants to
the storm drain system or water of the U.S., every person undertaking such activity or
operation, or owning or operating such facility shall comply with such requirements.
The City Manager will report to the City Council annually on the status of
implementation of BMP's, the pollutants of concern to be addressed the next year, and
any new BMPs to be developed. BMP's developed under this program will be included
in the City of Sebastian's Stormwater Master Plan /SWPPP.
143 of 180
(b) New Development and Redevelopment. The City may adopt requirements
identifying appropriate Best Management Practices to control the volume, rate, and
potential pollutant load of storm water runoff from new development and redevelopment
projects as may be appropriate to minimize the generation, transport and discharge of
pollutants. The City shall incorporate such requirements in any land use entitlement and
construction or building- related permit to be issued relative to such development or
redevelopment. The owner and developer shall comply with the terms, provisions, and
conditions of such land use entitlements and building permits as required in this Article.
(c) Responsibility to Implement Best Management Practices. Notwithstanding the
presence or absence of requirements promulgated pursuant to subsections (a) and (b),
any person engaged in activities or operations, or owning facilities or property which will
or may result in pollutants entering storm water, the storm drain system, or waters of the
U.S. shall implement Best Management Practices to the extent they are technologically
achievable to prevent and reduce such pollutants. The owner or operator of a
commercial or industrial establishment shall provide reasonable protection from
accidental discharge of prohibited materials or other wastes into the municipal storm
drain system or watercourses. Facilities to prevent accidental discharge of prohibited
materials or other wastes shall be provided and maintained at the owner or operator's
expense.
Best Management Practices required by the City can be obtained from the Public Works
Department by requesting the Stormwater Master Plan or Stormwater Pollution
Prevention Plan appropriate to a commercial or industrial activity. BMP's are broken into
three categories: "high priority" which are required to be implemented, "medium priority"
which are desirable to implement, and "low priority."
Section 102 -143. Requirement to Eliminate Illegal Discharges
Notwithstanding the requirements of Division IV, Section 102 -149 herein, the City
Manager may require by written notice that a person responsible for an illegal discharge
immediately, or by a specified date, discontinue the discharge and, if necessary, take
measures to eliminate the source of the discharge to prevent the occurrence of future
illegal discharges.
Section 102 -144. Requirement to Eliminate or Secure Approval for Illicit Connections
(a) The City Manager may require by written notice that a person responsible for an
illicit connection to the storm drain system comply with the requirements of this Article to
eliminate or secure approval for the connection by a specified date, regardless of
whether or not the connection or discharges to it had been established or approved
prior to the effective date of this Article.
(b) If, subsequent to eliminating a connection found to be in violation of this Article, the
responsible person can demonstrate that an illegal discharge will no longer occur, said
person may request City approval to reconnect. The reconnection or reinstallation of the
connection shall be at the responsible person's expense.
Section 102 -145. Watercourse Protection. Every person owning property through which
a watercourse passes, or such person's lessee, shall keep and maintain that part of the
watercourse within the property reasonably free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly retard the flow of
water through the watercourse. In addition, the owner or lessee shall maintain existing
144 of 180
privately owned structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity of the watercourse.
The owner or lessee shall not remove healthy bank vegetation beyond that actually
necessary for maintenance, nor remove said vegetation in such a manner as to
increase the vulnerability of the watercourse to erosion. The property owner shall be
responsible for maintaining and stabilizing that portion of the watercourse that is within
their property lines in order to protect against erosion and degradation of the
watercourse originating or contributed from their property.
Section 102 -146. Requirement to Remediate. Whenever the City Manager finds that a
discharge of pollutants is taking place or has occurred which will result in or has
resulted in pollution of storm water, the storm drain system, or water of the U.S., the
City Manager may require by written notice to the owner of the property and /or the
responsible person that the pollution be remediated and the affected property restored
within a specified time pursuant to the provisions of sections 102 -151 through 102 -154
below.
Section 102 -147. Requirement to Monitor and Analyze. The City Manager may require
by written notice of requirement that any person engaged in any activity and /or owning
or operating any facility which may cause or contribute to storm water pollution, illegal
discharges, and /or non -storm water discharges to the storm drain system or waters of
the U.S., to undertake at said person's expense such monitoring and analyses and
furnish such reports to the City of Sebastian as deemed necessary to determine
compliance with this Article.
Section 102 -148. Notification of Spills. Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known or suspected release
of materials which are resulting or may result in illegal discharges or pollutants
discharging into storm water, the storm drain system, or water of the U.S. from said
facility, said person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of a hazardous material
said person shall immediately notify emergency response officials of the occurrence via
emergency dispatch services (911). In the event of a release of non - hazardous
materials, said person shall notify the City's Public Works Department in person or by
phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed and mailed to the
City's Public Works Department within three business days of the phone notice. If the
discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on -site
written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
DIVISION IV - INSPECTION AND MONITORING
Section 102 -149. Authority to Inspect. Whenever necessary to make an inspection to
enforce any provision of this Article, or whenever the City Manager has cause to believe
that there exists, or potentially exists, in or upon any premises any condition which
145 of 180
constitutes a violation of this Article, the City Manager may enter such premises at all
reasonable times to inspect the same and to inspect and copy records related to storm
water compliance. In the event the owner or occupant refuses entry after a request to
enter and inspect has been made, the City is hereby empowered to seek assistance
from any court of competent jurisdiction in obtaining such entry.
Section 102 -150. Authority to Sample Establish Sampling Devices, and Test. During
any inspection as provided herein, the City Manager may take any samples and perform
any testing deemed necessary to aid in the pursuit of the inquiry or to record site
activities.
DIVISION V - ENFORCEMENT
Section 102 -151. Notice of Violation. Whenever the City Manager finds that a person
has violated a prohibition or failed to meet a requirement of this Article, the City
Manager may order compliance by written notice of violation to the responsible person.
Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and
the restoration of any affected property; and
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
If abatement of a violation and /or restoration of affected property is required, the notice
shall set forth a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work will be done by the City or a contractor
designated by the City Manager and the expense thereof shall be charged to the
violator pursuant to Section 102 -153 below.
Section 102 -152. Appeal. Notwithstanding the provisions of Section 102 -155 below,
any person receiving a Notice of Violation under Section 102 -151 above may appeal the
determination of the City Manager to the City Council. The notice of appeal must be
received by the City Manager within 5 days from the date of the Notice of Violation.
Hearing on the appeal before the City Council shall take place within 30 days from the
date of City's receipt of the notice of appeal. The decision of the City Council shall be
final.
Section 102 -153. Abatement by City. If the violation has not been corrected pursuant
to the requirements set forth in the Notice of Violation, or, in the event of an appeal
under section 102 -152, then the City or a contractor designated by the City Manager
shall enter upon the subject private property and is authorized to take any and all
measures necessary to abate the violation and /or restore the property. It shall be
unlawful for any person, owner, agent or person in possession of any premises to
146 of 180
refuse to allow the City or designated contractor to enter upon the premises for the
purposes set forth above.
Section 102 -154. Charging Cost of Abatement/Liens. Within 30 days after abatement of
the nuisance by City, the City Manager shall notify the property owner of the property of
the cost of abatement, including administrative costs. The property owner may file a
written protest objecting to the amount of the assessment with the City Clerk within 15
days. The City Clerk shall set the matter for public hearing by the City Council. The
decision of the City Council shall be set forth by resolution and shall be final.
If the amount due is not paid within 10 days of the decision of the City Council or the
expiration of the time in which to file an appeal under this Section, the charges shall
constitute a lien on the property for the amount of the assessment.
Section 102 -155. Urgency Abatement. The City Manager is authorized to require
immediate abatement of any violation of this Article that constitutes an immediate threat
to the health, safety or well -being of the public. If any such violation is not abated
immediately as directed by the City Manager, the City of Sebastian is authorized to
enter onto private property and to take any and all measures required to remediate the
violation. Any expense related to such remediation undertaken by the City of Sebastian
shall be fully reimbursed by the property owner and /or responsible party. Any relief
obtained under this section shall not prevent City from seeking other and further relief
authorized under this Article.
Section 102 -156. Violations. It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Article. A violation of or failure to
comply with any of the requirements of this Article shall be subject to the penalties set
forth in City Code.
Section 102 -157. Compensatory Action. In lieu of enforcement proceedings, penalties,
and remedies authorized by this Article, the City Manager may impose upon a violator
alternative compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
Section 102 -158. Violations Deemed a Public Nuisance. In addition to the enforcement
processes and penalties hereinbefore provided, any condition caused or permitted to
exist in violation of any of the provisions of this Article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored by the City at the violator's expense, and /or a civil action to abate, enjoin, or
otherwise compel the cessation of such nuisance may be taken by the City.
Section 102 -159. Acts Potentially Resulting in a Violation of the Federal Clean Water
Act. Any person who violates any provision of this Article or any provision of any
requirement issued pursuant to this chapter, may also be in violation of the Clean Water
Act and may be subject to the sanctions of those acts including civil and criminal
penalties. Any enforcement action authorized under this Article shall also include written
notice to the violator of such potential liability."
147 of 180
SECTION 2. SEVERABILITY. If any section or part of a section of this
ordinance is declared invalid or unconstitutional, the validity, force and effect of any
other section or part of a section of this ordinance shall not thereby be affected or
impaired unless it clearly appears that such other section or part of a section of this
ordinance wholly or necessarily dependent upon the section or port of a section so held
to be invalid or unconstitutional.
SECTION 3. CONFLICT. This ordinance shall prevail over all other ordinances
which are in conflict with this ordinance. If any clause, section or other part or
application of this ordinance shall be help by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated and in no way affecting the validity of the remaining portions
or applications remaining in full force and effect.
SECTION 4. EFFECTIVE DATE. This ordinance shall be enacted upon its final
adoption.
The foregoing ordinance was moved for adoption by Council Member The
motion was seconded by Council Member and, upon being put to a vote,
the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
The Mayor thereupon declared this ordinance duly passed and adopted this
of , 2013.
ATTEST:
Sally A. Maio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Bob McPartlan
Approved as to form and content:
Robert A. Ginsburg
City Attorney
day
148 of 180
City of Se
Subject: Resolution R -13 -33 approving a
Preliminary Plat for Rohm Commercial
Replat
for Submittal by: City Manager
Florida
Agenda No. 90 - 13.15+
Department Origin:
Comm Dev Direct
City Attorney:
City Clerk:
Date Submitted: October 15, 2013
For Agenda of. October 23, 2013
Exhibits: Resolution R- 13 -33; Preliminary Plat; Staff Report; Application
EXPENDITURE REQUIRED: I AMOUNT BUDGETED: I APPROPRIATION REQUIRED:
-0- -0- -0-
SUMMARY
Joseph Schulke, P.E. of Schulke, Bittle & Stoddard, LLC, on behalf of Daniel J. Brognano, Todd Brognano,
William Brognano, and DRP Company of Alabama, Inc., has filed for preliminary plat approval to replat their
property located between the east and west bound lanes of Sebastian Boulevard immediately east of Wimbrow
Drive. The subject property was originally platted in 2008 as a one -lot commercial subdivision. At that time an
existing lake was filled and a new 1.18 acre stormwater management lake was constructed to accommodate
maximum build -out of the subdivision at 80% impervious. Subsequently, the Sherwin Williams property (DRP
Company) was subdivided as a "lot split ", a review process whereby a platted lot may be divided into two lots
that conform to the district regulations, but is limited to one time only. Any further subdivision requires the full
subdivision process, which includes both a preliminary plat and a final plat.
This replat creates a four -lot commercial subdivision. The property includes 4.44 acres of land and has frontage
on three streets. The proposed preliminary plat reflects compliance with current CG zoning requirements
including minimum lot size and all other dimensional criteria. All subdivision improvements were constructed
prior to the original final plat. No additional construction is proposed or required.
Per the Land Development Code and established City procedures, the Planning and Zoning Commission will
hold a public hearing at its October 17, 2013 meeting to make a recommendation to City Council regarding the
preliminary plat. Even though the City Council agenda deadline is prior to the Planning and Zoning meeting, in
the interest of expediting the approval process, staff has placed this item on the council agenda. The Planning
and Zoning recommendation will be provided under separate cover.
RECOMMENDED ACTION
Consider the Planning and Zoning recommendation. Conduct quasi-judicial public hearing. Move to approve
Resolution R- 13 -33, Preliminary Plat for Rohm Commercial Replat.
149 of 180
RESOLUTION NO. R -13 -33
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT
FOR A SUBDIVISION KNOWN AS ROHM COMMERCIAL
REPLAT; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the owners of the subject land have filed an application for approval
of a preliminary plat for a subdivision known as Rohm Commercial Replat; and
WHEREAS, the preliminary plat complies with applicable codes and regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. PRELIMINARY PLAT APPROVAL. The City Council of the
City of Sebastian, Florida does hereby approve the preliminary plat for Rohm
Commercial Replat prepared by Joseph W. Schulke of Schulke, Bittle & Stoddard, L.L.C.
bearing the latest revision date of September 19, 2013.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan
Vice Mayor Don Wright
Councilmember Jerome Adams
Councilmember Andrea Coy
Councilmember Jim Hill
The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of
October, 2013.
150 of 180
CITY OF SEBASTIAN, FLORIDA
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
Bob McPartlan, Mayor
151 of 180
� r
Community Development Staff Report
Preliminary Plat
1. Project Name: Rohm Commercial Replat
2. Requested Action: Subdivision Preliminary Plat Approval
3. Project Location
a. Location: between East and West bound lanes of Sebastian Blvd.,
immediately east of Wimbrow Drive
b. Legal: Provided — See Survey
C. Indian River County Parcel Number: 31- 39- 07- 00000 - 3000 - 00005.0
4. Project Owners: DRP Company of Alabama
Daniel J. Brognano
Todd Brognano
William Brognano
5. Project Engineer: Joseph Schulke
Schulke, Bittle & Stoddard, LLC
1717 Indian River Blvd, Suite 201
Vero Beach, FL 32960
(772) 770 -9622 Fax: (772 )770 -9496
6. Project Surveyor: Charles H. Blanchard
Meridian Land Surveyors, Inc.
1717 Indian River Boulevard, Suite 201
Vero Beach, FL 32960
(772) 794 -1213
7. Project Description:
a. Narrative of proposed action: The subject property was platted in 2008
as a one -lot commercial subdivision. At that time an existing lake was
filled and a new 1.18 acre stormwater management lake was constructed
1
152 of 180
to accommodate maximum build -out of the subdivision at 80%
impervious. Subsequently, the Sherwin Williams property was subdivided
as a "lot split ", a review process whereby a platted lot may be divided into
two lots that conform to the district regulations, but is limited to one time
only. Any further subdivision requires the full subdivision process, which
includes both a preliminary plat, and a final plat.
At this time all new lots are being identified on the replat, as well as the
existing Sherwin Williams (DRP Company of Alabama) parcel. All
subdivision improvements have previously been constructed in
accordance with construction drawings approved by the City on August
13, 2007 and certified complete by Joseph Schulke, Engineer of Record,
in a letter dated December 21, 2007. No additional subdivision
improvements are proposed for this replat.
b. Current Zoning: CG
C. Adjacent Properties:
d. Site Characteristics:
(1)
(2)
(3)
(4)
Total Acreage:
Current Land Use(s):
Soil:
4.44 acres
Lot 1 — existing retail
Lots 2, 3 4 - vacant
Immokalee fine sand
Vegetation: grasses, some perimeter trees,
one developed lot with a full
landscape plan in place
(5)
Zoning
Current Land Use
Future Land Use
(7)
Sanitary Sewer Service:
(8)
Parks:
North:
CG & PS
vacant & City Garage
CG & INS
East:
CG
residence
CG
South:
C -512
office & vacant
C -512
West:
CG
I restaurant
CG
d. Site Characteristics:
(1)
(2)
(3)
(4)
Total Acreage:
Current Land Use(s):
Soil:
4.44 acres
Lot 1 — existing retail
Lots 2, 3 4 - vacant
Immokalee fine sand
Vegetation: grasses, some perimeter trees,
one developed lot with a full
landscape plan in place
(5)
Flood Hazard:
(6)
Water Service:
(7)
Sanitary Sewer Service:
(8)
Parks:
(9)
Police /Fire:
K
Zone X
Indian River County Utilities
Indian River County Utilities
Riverview Park -- .3 miles
Sebastian Police --.7 miles
IRC Fire — 2 miles
153 of 180
8. Comprehensive Plan Consistency:
a. Future Land Use: Consistent
b. Traffic Circulation: Consistent
C. Housing: n/a
d. Public Facilities: Consistent
e. Coastal Management: n/a
f. Conservation: Consistent
g. Recreation and Open Space: n/a
9. Contents of Preliminary Plat:
a. name of subdivision: Rohm Commercial Replat
b. vicinity sketch: provided
C. legal description including section, township and range: provided
d. north arrow graphic scale: provided
e. date of preparation: provided
f. name, address, and telephone of applicant: provided
g. name, address, and telephone of owner of record: provided
h. name, address, and telephone of mortgage holder: to be provided on
final plat
i. statement that they will join in the dedication: to be provided on final
plat
j. name, address, and registration number of engineer: provided
k. name, address, and registration number of surveyor: provided
I. name of adjacent subdivisions, if any, including plat book and page
number reference: provided
M. names of owners of record of adjacent acreage: on file
3
154 of 180
n. contour map including a perimeter strip up to 150 feet in width.
provided
o. all existing watercourses, drainage ditches and bodies of water,
marshes, and other significant, natural or man -made features:
provided
P. name, aliment and width of all existing and proposed streets, alleys,
rights -of -way or easements including name, right -of -way width,
street or pavement width and established center line elevations:
provided
q. all existing and proposed property lines, easements and right -of-
ways, their purpose, their effect on the property to be subdivided,
and the proposed layout of lots and blocks: provided
r. access points to collector and arterial streets showing compliance
to the access requirements: provided
S. all existing drainage district facilities and the ultimate right -of -way
requirements: provided
t. utilities such as telephone, power, water, sewer, gas, etc., on or
adjacent to the tract: provided
U. a statement that all utilities are available and have been coordinated
with all required utilities: provided
V. sites proposed for parks, recreational areas and schools: n/a
W. location of all temporary structures or permanent structures having
a temporary use: n/a
X. if borders public water, delineate the mean high water line: n/a
Y. plan for stabilizing shoreline with natural vegetative cover or other
environmentally sensitive manner acceptable to DEP and the city:
provided
Z. permanent reference monuments shall be shown at all block
corners, at all points of reverse or compound curvature, and at all
points of tangency occurring with block limiting lines: to be
provided on final plat
aa. block perimeter returns at block corners or other block line
intersection: n/a
10. Required Supplemental Information:
4
155 of 180
a.
b.
C.
d.
e.
f.
existing land use policy and proposed policy changes: n/a
on -site wastewater disposal data: on future site plans
surface water management plan: provided
traffic impact analysis: Traffic information will be provided individually
for each site plan review.
required park land and /or facility improvements: N/A
required potable water improvements: Indian River County Utilities
g. required wastewater improvements: Indian River County Utilities
h.
erosion and sedimentation control improvements: provided
reference to required improvements
L access: provided
ii. alleys: n/a
iii. blocks: n/a
iv. bridges: n/a
V. comprehensive stormwater management system: provided
vi. easements: provided
vii. lots: provided
viii. seawalls, bulkheads, piers and docks: n/a
ix. soils: provided
X. streets: n/a
A bicycle /pedestrian paths: n/a
xii. off - street parking areas: n/a
xiii. utilities: future
xiv. utility installation: future
xv. central water system: future
xvi. central wastewater system: future
xvii. individual sewage systems: n/a
xviii. water and sewage treatment and processing plants: n/a
xix. median strips and entranceways: future
xx. traffic control devices: n/a
xxi. monuments: provided
xxii. commercial and industrial subdivisions: provided
xxiii. mobile home subdivisions: n/a
j. schedule of multiple phases: n/a
11. Zoning district dimensional regulations:
a. minimum lot size: 10,000 square feet provided
b. minimum width: 75 feet provided
»1
156 of 180
c. minimum depth: 125 feet provided
12. Fee paid: yes
13. Additional consideration: The following agencies /staff have reviewed the
preliminary plat. Unless otherwise noted, all comments have been addressed.
Frank Watanabe, P.E., Consulting City Engineer
Indian River County Utilities Department
Indian River County Fire Department
Environmental Health
City Public Works Department
City Community Development Department
14. Other Matters: The City has also received the application for final plat approval
of the Rohm Commercial Replat. Providing that all reviews of the final plat have
been completed, it is the intent of staff to present both the preliminary plat
resolution of approval, as well as the final plat resolution of approval to City
Council at the same meeting. This is possible because all subdivision
improvements have already been completed as part of the original Rohm
Commercial Plat.
16. Conclusion: The proposed four -lot subdivision replat is consistent with the Land
Development Code, Comprehensive Plan and Code of Ordinances.
17. Recommendation: Staff recommends that City Council approve Resolution R-
13-33 approving the preliminary plat for the Rohm Commercial Replat.
/) - <- - I ��-
'PAEPARED
C.
/D- I`t-l3
DATE
157 of 180
Permit Application No.
ma
>>nA City of Sebastian
,M Development Order Application
Applicant If not owner, written authorization notarized from owner is required)
Name:
Daniel J. Brognano
Address: P.O. Box 780874, Sebastian, FL 32958
Phone Number: ( 772 ) 589 1299 FAX Number: (772 ) 589 - 1304
E -Mail:
ameronh @aol.com and tbrog71705 @aol.com
Owner If different from applicant)
Name: Daniel J. Brognano, Todd Brognano, and William Brognano and DRP Company of Alabama, Inc.
Address: P.O. Box 780874, Sebastian, FL 32958
Phone Number. ( 772) 589 - 1299 FAX Number: ( 772 ) 589- 1304
E -Mail: ameronh @aol.com and tbrog71705 @aol.com
Title of permit or action requested: preliminary Plat Approval
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2° BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable): Ameron Commerce Park
B. Site Information
Address: Sebastian Blvd and 223 Sebastian Blvd., Sebastian, FL 32958
Lot: Block: Unit: Subdivision: Rohm Commercial Plat
Indian River County Parcel 9: 31390700005000000001.0 and 31390700005000000001.1
Zoning Classification: Future Land Use:
CG Commercial General
Existing Use: Proposed Use:
Commercial Commercial
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
Re- subdivide the "Rohm Commercial Plat" into 4 commercial lots, to be known as "Ameron
11091110111141 MiN '
DATE RECEIVED: 7.30/ /.3 FEE PAID: $_1S • QD RECEIVED BY:
a . *J& &?
158 of 180
Permit Application No.
D. Project Personnel:
Agent:
Name:
• a in o
Addres o v D'f_3 q - _
�j
Phone Number: ,, - FAX Number:
E -Mail: _
Attorney:
Name:
Address
Phone Number. ( ) - FAX Number:
E -Mail:
Engineer:
Name:
Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC
Address
1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960
Phone Number. (772 ) 770 - 9622 FAX Number. (772 ) 770 - 9496
E -Mail: jschulke @sbsengineers.com
Surveyor:
Name:
Meridian Land Surveyors
Address
1717 Indian River Blvd Suite 201 Vero Beach FL 32960
Phone Number ( 772 ) 794 - 1213 FAX Number: ( 772 ) 794 - 1096
E -Mail: lb6905 @bellsouth.net
I, I ! d �(i i �� �• ►•11MR f)ainn . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER X I
AM THE LEGAL REPRESENTAT&E OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLI ON, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE
AC RA AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
1 (01 2013
SIGNATURE nM I C
SWORN TO AND SUBSCRIBED BEFORE ME BY 6-1 +n 1 e( -3.. Ka viz:)
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS _L(O DAY OF , 20
NOTARY'S SIGNATURE �-
PRINTED NAME OF NOTARY )"
COMMISSION NO./EXPIRATION
SEAL:
LAUREN R, MMIMN
* * MY COMMISSION 1 EE 053485
EXPIRES: February 1, 2015
�'444o O�V gOfldCd 11au Budpel l l' Servfoei
" •`'V LAUREN F.
MYCOMMISSION#P*
EXPIRES: Februa!: , , X015
�a �aP Baq� lhru Budgcl fttuy s rvi
159 of 180
Permit Application No.
`'"`'F Supplemental Information
r Preliminary Plat Approval
HOME OF PELICAN ISLAND
_ 1. The following information is required on all preliminary plats:
_ a. A vicinity sketch showing the location of the boundary lines and distance of
the land proposed for the subdivision in reference to other areas of the city.
_ b. A north arrow, graphic scale, and date of preparation.
c. The name of adjacent subdivisions, if any, and the plat book and page
reference, together with the names of the owners of records having interest
in adjacent acreage.
_ d. The names, alignment, and width of all existing and proposed streets,
alleys, rights -of -way or easements adjacent to or within three hundred (300)
feet of the proposed subdivision including name, right -of -way width, street
or pavement width, and established center line elevation. Existing streets
shall be dimensioned to tract boundary.
— e. All existing and proposed property lines, easements and rights -of -way, their
purpose, their effect on the property to be subdivided, and the proposed
layout of lots and blocks.
f. Access points to collector and arterial streets showing their compliance to
access requirements.
_ g. All existing drainage facilities.
h. Existing and proposed utilities such as telephone, electricity, water, sewer,
gas, etc. on or adjacent to the tract. The preliminary plat shall contain a
statement that all utilities are available and have been coordinated with the
required utility departments.
i. Site for proposed parks, recreational areas and schools.
j. The location of any temporary structures or permanent structures having a
temporary use.
k. If the proposed plat borders upon any public water bodies, delineate the
mean high water line.
I. Permanent reference markers shall be shown.
160 of 180
Permit Application No.
2. Attached the following:
a. Six copies of the preliminary plat. (Two sets must be sealed.)
b. The name, address and telephone number of the mortgage holder or any
other person having a legal equitable or beneficial interest in the land
together with a statement from such that they will join in the dedication of
the proposed subdivision.
c. A surface water drainage facilities plan certified by an engineer registered in
the State of Florida.
d. A land survey with complete legal description prepared and certified by a
registered surveyor.
e. A traffic impact analysis, if required.
— f. An erosion /sedimentation control plan.
g. A contour map showing ground elevations at intervals of not more than one
foot of the area to be subdivided and of a perimeter strip at least fifty (50)
feet and up to one hundred and fifty (150) feet in width around the area.
h. A statement concerning required potable water improvements, wastewater
improvements or on -site wastewater disposal data.
i. A schedule for multiple phases, if appropriate.
j. A list of the names and addresses of all owners of parcels of real property
within three hundred (300) feet of the parcel to be considered.
161 of 180
Permit Application No.
The following Is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I /WE, X THE OWNER(S) / _THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Cicv Staff and Council
BOAR DICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
ME HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARDICOMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MYIOUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY MEIUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED,
OR PRCOISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
C /
SIGNATURE DATE
Sworn to and subscribed before me by
who is personally known to me or produced
as identification, this day of , 20
Notary's Signature
Printed Name of Notary
Commission No. /Expiration
Seal:
APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE
CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE
APPLICANT.
4
/L/h
ACKNOWLEOMENT DATE
162 of 180
^V
1811 -10
[tiltm WO�C:I'.TJ l W ml yn r-�
L.O WA{IY �1 ].MI aY11C
v
a•M
o?
0 a
i..L
o �
�U
w
W R
�-- m O
s
y
M -LL
._INU) (0O
�W 0)H
= a
M
Jdof wu)
�NZZW
O= �� LLI
Ym0�a
O
2
7
�3
O
W
J M
a CO �- O
�oq
40
U—�
W
�W��Z
3
y
Z
o200
U0z*) `.
2=f` ¢
Z-
\ \\
O
O
0
�Um\
i
woo urwlOwcp LuI �(VN3 gem-OLLI LLWA i[BOVLLIUL131
OOM VMHOli •HOV30 083A Lu aims °ants aafda WONI W$ VOINOIJ 'NVI1SV93S
mg= � �nm n Nmrunm IV]d NO MONNIM A z IS 40
'Y&WLad r OMMAV • %YAWYd awL • Amamm wuawLS r WD Atlb N I W III LId IVId
'o'"I"I 'ati`da401S'q a-i -Lug 'awinHOS IVICIUMA03 KHOa
0
zw n
zw
WtV-L NOLL03S d0 m MN aHL do aNn Lm
w
t9
m a
n r
L!1 $ O
K
_ Q H
° \\ K a
°
o \
w \
o \ .
Z � .
�I
I
�to
Ik
wr
G, gIt
m ,I�
aII
�I"2. A
W :11I t
n Ih {p
I D" 9¢
iii i I�
I "I
D n 3 U
2,311V OZ
\dtt . -4A 6666
0 C11
add\ �aym �� ?��, `� -, r � fill
�, �� ,/ �, 9 9es 4•4A 6666
0 \\ 1's, 6 afar
LL 17,31
O
W
U si0�
a G 5 J z
;gds w ,�
Q H - a
a Oz
— y .
z ry z w L7' 4N
zv °
m
a
py!Y� 1 �
a _a±��i� � � a s +
•/j � 6•'lw • �' �baII
�� °.' I •• I f7Rg Q.4A 666
oil
0 4,iii �
x � o
g o
\\ z l8 ggf
Fill, 11111
\ 4
6ClCC1 NOIL'73S iO NL MN 3HL d0 71l aN 3H130 3Nn 1
fl
8
JA U) ` A;♦�
LSV38f3SNVN' H1f lOSLCdIHSNMO1'1NOII03Sd03Nn1S3M g wg Y
LSV3BCaONtlN RMOSMC 11HSNMOlYINOIlO3SdO3Nn1SV3
1
n
m
LOCATION P ROHM COMMERCIAL PLAT
3r �'
A RE -PLAT OF ROHM COMMERCIAL PLAT BOOK 24 PAGES 29 -30 BEING A
PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER, STATE OF FLORIDA
A
2GNIN0 HYH .\
GABLE NE /4i' /
SUBDIVISION UNPLATTHD LANDS
SW 114 OF SECTION 831 -39 UNPLATfED LANDS
PLAT B OK 9, / ZONING PS
Nncarww oa,>E ME w
oc THE NM woc 6ECTGN 7
� \ O
t\
Lm? LOT
N 1282854.7238
CALAMONDINSTREET y,�� E 828752.0253
5G Rm .... / S�Fi
N 1282055.3700
E 828825A082 // 01
ASHBURYSUBDMSION
PLAT BOOK 20, PAGES 1 -12
TRACT7C
ZONING CG
, X'-e
k
LOT 1_.M�
UNPLATFEDLANDS
ZONING CG 3=
F
UNPIATTED LANDS \
ZONINGCG
I N 1282852.8880
j� E 827147.8713
S3B'42'20'E 1338.00' (BASIS OF BEARINGS) / P.O.B.
S(:U'4T20'E 345.85' � _ {�
/UNPLArn
1
TI
cc
j
LOT
0.83 AC an
.w+
(1.18 ACRES)
SW 114 OF SECTION 03138
NORTH LINE OF SECTION 7 -3138
NE8'4Z20'W 413.80'
DS
tior-
�� ACORN ACRES SUBDIVISION
3 PLAT BOOK 10. PAGE 14
LOT 1
f 7.
0\, �J / a w�`w.mcvams�m.� ni..ra•*+r,unmao.w•
I Ham .omaramowaa••oacwasawa,wwawwa
y O 5'\ -d� w.wmaown.nm.nnmwrrwawuvoow
1 •rowauYaa�4ewaauaaaarla®a•4 m,wa.
\ /4' 'P '➢ r wm.mwua.saw,mrwa:s + a na wmwva.
/61� �\ y�� /� 9�,� wJ wnv�rMwaTww��Mraweawam.•wsAao
N I ,. �oa r> apn maeooa wa
'/�� /\ 05J o 1 • mw m.a.amronooaraucwn • n
4, \ /yI 1 • oanom.�aaum,�moMO.� °vwrwa. o.
\T /
a
NORTH
GRAPHIC SCALE
La�T)
r
s
M.T EmsnmG DPNNAGE STRUCTURE SCHEDULE
nanuaa . aw aw
,." � ua,m,w ,van a,v ae• aav rxw"u"
•cna,o,raa.
,mw au nn
4•aana.++a rtn w•.ae as
Na4iaC1r0.a
�iomau�nwv r..
u,o,a•=„ mea
G,w C•a1 II ,aa
•rain•w0 a,n Gttxaw+ aa. m
•wvo•ro ,o.a•w1 an nn
mmm ,u.
.yar Hunt mn
t mn
� \�a?ap" 1 � I I y°,� nuwno .,w.aaviaa.wu.w�w,anwroua,...
\\ 2°'� e1 � 5� �0 1dt uonnKaovuwwn,a.o..w. rvaawnm..w.on
\\ �a/ /' \ .. \ y raw�.anwaavnunc:ma,w.Faawwwaa
ViVll } \r \ miwnwmnaw+wonwanwanawww..o
� �iwa�wHOaoa�a w,rwayaYS.
na aoba m r as m nwwa as raw aaa ar4ora wuw,.0
Via{ wwa.t0 MOIaJ1a1mN 1O1mYRL.wt TNrO+f
•la•laani
. .u•vwonwwowaw,xwaa.aw. aw.0 :naa� am.a.n,rr4.w�ro
� aw n4no,un:
m •naaa•w•.wonau•ow•w.awwma••w•w
w'�n ro�w°rertm �•ne o�irrierarua� wm•w �n
u an.4 oa. c m a• awa.:n o«ai'�'iva r na�.wwnc
n •urwoa a.aaraaumv.v„wxuQ+•.mrwnoar•rn
iaRw°aw:4�.maa nnan•aawnrwrv�i•swva�iaa�oimn
an,••e�.o•r4ancma rvow•wacu aawwz,wa na
m •a:O16Y(I •,MMwIW af�dioa�t.n�� wOa,w�w
n..0 a,..c, a.a..wi r w,aaa «.•a a a. rt•,. a.m a,v.
m uanv .maru.»a.wvcn:anownac,+�nawa
�5
V�
�tQ�Cc
U
J
_1
0
Q
�p
CIOg
S
J � b�
a Q
coY
= d 3
}
Z I-
�g
W IL
T
CL
04
a
O z
W m
KC)
z
ayla
X m
�W
� N
U
D.w•
o�
oa
Y,a
a•ar
C -102
o'° 164 of 180
Subject: Resolution R -13 -34 approving a
Agenda No. �J ,
Final Plat for Rohm Commercial Replat
Department Origin: Com Dev lo}�ment
Comm Dev DirecWV
City Attorney:
Submittal by: City Manager
City Clerk:
tr
Date Submitted: October 15, 2013
At 11i e
For Agenda of: October 23, 2013
Exhibits: Resolution R- 13 -34; Rohm Commercial Replat; Application
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
-0-
-0-
-0-
SUMMARY
If the preliminary plat for Rohm Commercial Replat, Resolution R -13 -33 is approved by City
Council, the owners of the subject property are also asking for approval of the final plat. As
such, Resolution R -13 -34 has been prepared for your consideration.
All subdivision improvements have previously been constructed in accordance with the
construction drawings approved by the City for the original subdivision, and certified complete
by the engineer of record, Joseph Schulke. No additional subdivision improvements are required
for this replat.
Staff has verified that the final plat is in accordance with the preliminary plat. The final plat has
also been reviewed by David Jones, (consulting) City Surveyor and Frank Watanabe, (consulting)
City Engineer, and all comments have been resolved.
RECOMMENDED ACTION
Provided that Resolution R- 13 -33, Preliminary Plat for Rohm Commercial Replat has previously
been approved by City Council, move to approve Resolution R -13 -34 approving a Final Plat for
Rohm Commercial Replat.
165 of 180
RESOLUTION NO. R -13 -34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A
SUBDIVISION KNOWN AS ROHM COMMERCIAL REPLAT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owners of the subject land have filed an application for approval
of a final plat for a subdivision known as Rohm Commercial Replat; and
WHEREAS, the final plat complies with applicable State and City codes and
regulations.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. FINAL PLAT APPROVAL. The City Council of the City of
Sebastian, Florida does hereby approve the final plat for Rohm Commercial Replat
prepared by Charles H. Blanchard, P.S.M. bearing the date of preparation of August
2013.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan
Vice Mayor Don Wright
Councilmember Jerome Adams
Councilmember Andrea Coy
Councilmember Jim Hill
The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of
October, 2013.
166 of 180
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
G
CITY OF SEBASTIAN, FLORIDA
Un
Bob McPartlan, Mayor
167 of 180
Permit Application No.
S�
2 L�V City of Sebastian
i
Development Order Application
Applicant If not owner, written authorization notarized from owner is required)
Name:
Daniel J. Brognano
Address: P.O. Box 780874, Sebastian, FL 32958
Phone Number: ( 772 ) 589 - 1299 FAX Number: (772 } 589 - 1304
E -Mail:
ameronh(c,aol.com and tbrog71705Laol.com
Owner If different from applicant)
Name:
Daniel I Brognano, Todd Brognano, and William Brognano and DRP Company of Alabama, Inc.
Address: P.O. Box 780874, Sebastian, FL 32958
Phone Number: ( 772 ) 589 - 1299 FAX Number: ( 772 ) 589 - 1304
E -Mail: ameronhCiaol.coin and tbrog71705(apol.com
Title of permit or action requested: Final Plat Approval
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable): Rohm Commercial Replat
B. Site Information
Address: —_ Sebastian Blvd and 223 Sebastian Blvd, Sebastian, FL 32958
Lot: Block: Unit: Subdivision: RolTm Commercial Plat
Indian River County Parcel #: 31390700005000000001.0 and 31390700005000000001.1
Zoning Classification: Future Land Use:
CG Commerical General
Existing Use: Proposed Use:
Commercial Commercial
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
Re- subdivide the "Rohm Commercial Plat" into 4 commercial lots
DATE RECEIVED:? /ZO //,3 FEE PAID: $ 500•00
RECEIVED BY:
168 of 180
Permit Application No.
D. Project Personnel:
Agent:
Name:
Address
Phone Number. ( ) - FAX Number.
E -Mail:
Attorney:
Name:
Address
Phone Number. ( ) - FAX Number:
E -Mail:
Engineer
Name:
Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC
Address
1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960
Phone Number: (772 ) 770 - 9622 FAX Number: ( 772 ) 770 - 9496
E -Mail: jschulke @sbsengineers.com
Surveyor:
Name:
Meridian Land Surveyors
Address
1717 Indian River Blvd Suite 201 Vero Beach FL 32960
Phone Number. ( 772 ) 794 - 1213 FAX Number: ( 772 ) 794 - 1096
E -Mai I: lb6905@bellsouth.net
Z�. & (N BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER X I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE
U .E AND TRUE TOT E BEST OF MY KNOWLEDGE AND BELIEF.
SIGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY Fh n , (? :Y 6
WHO IS PERSONALLY KNOWN TOME OR PRO CED
AS IDENTIFICATION, THIS j (n DAY OF 20
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY i Yl
COMMISSION NO./EXPIRATION j % / Zo / CS
SEAL:
LAUREN P. Fl MILTON
* * MY COMMISSION 4 EE 053495
.
EXPIRES: February 1, 2015
r,"IrOF S.0 8V4d Tiro BWQ21 N0Wy &MCCS
169 of 180
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
IIWE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City Staff and Council
BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY /OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IAmE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THI IVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
P MI S1MMA`DEE,, BY Y EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
'.'77'w \\ , 1 -3
SIGNATURE DATE
Sworn to and subscribed before me by ) d n
who is personaliv known to me or produce
as identification, this I (D day l (� , 20
Notary's Signature
Printed Name of Notary I A. F . m; rl
Commission No./Expiration
Seal:
•• °"fir LAUREN F. K WILTON
MY COMMISSION # EE 053495
EXPIRES: February 7, 2015
'�COF,'de Banded Thu Budge* Notarp Seivlces
170 of 180
Permit Application No.
The following is required for all comprehensive Mara amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City Staff and Council
BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY /OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IME MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED.
OR PR MISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
GNAfURE DATE
Sworn to and subscribed before me by
who is personally known to me or produced
as identification, this day of
Notary's Signature
Printed Name of Notary
Commission No. /Expiration
Seal:
20
APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE
CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE
APPLICANT.
lam' /.i„Gr7?.c'�
ACKIfOWLEDGMENT DATE
171 of 180
con Permit Application No.
M Supplemental Information
Final Plat Approval
_ 1. The following information is required on all final plats:
a. Name of subdivision.
b. Title Block.
c. Legal Description.
_ d. Index Sheet.
e. The final plat shall comply with Chapter 177, Florida Statutes, and shall
show all lengths of arcs together with central angles, radii, and points of
curvature.
f. Scale.
g. North arrow on every sheet. Bearing or azimuth reference shall be clearly
stated on the face or first page of the plat.
h. The point of beginning shall be boldly shown.
i. All intersecting street right -of -ways shall be joined by the long cord of
minimum radius of twenty -five feet and all dimensions shown.
j. All adjoining property shall be identified by a subdivision title, plat book
and page or, if unplatted, the land shall be so designated.
k. If the proposed plat borders upon any public water bodies, delineate the
mean high water line.
I. Permanent reference markers shall be shown.
m. In the upper right hand corner, provide a three -inch by five -inch space to
be used by the Clerk of the Circuit Court for recording information.
n. The plat shall be accurate within 0.01 foot and shall be tied accurately to
all township, range, and section lines.
o. On the cover sheet or first page show a vicinity sketch.
p. Lots and blocks shall be numbered or lettered.
q. The plat shall contain the name of each street shown.
_ r. All right -of -way and easement widths and dimensions shall be shown on
the plat.
172 of 180
_ 2. Attached the following:
a. Six copies of the final plat. (Two sets must be sealed.)
b. Three sealed sets of as -built plans.
Permit Application No.
173 of 180
F /KA-L P�.4T
ROHM COMMERCIAL REPLAT
A RE -PLAT OF "ROHM COMMERCIAL PLAT'
PLAT BOOK 24 PAGES 29 -30, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, PAGE
BEING A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, DOrCKET NO.
CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER, STATE OF FLORIDA
DESCRIPTION - COMBINED
CERTIFICATE OF DEDICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
KNOWN ALL MEN BY THESE PRESENTS, THAT DANIEL J. BROGNANO, TODD
BROONANO, WILLIAM BROGNANO AND DRP COMPANY OF ALABAMA. INC. FEE
SIMPLE OWNERS OF THE LAND DESCRIBEDAND PLATTED HEREIN. AS ROHM
COMMERCAL REPLAT, BEING IN THE CRY OF SEBASTIAN. COUNTY OF INDIAN
RIVER, STATE OF FLORIDA, WAS CAUSED SAID LANDS TO BE SURVEYED AND
PLA TTE DAB SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS:
*I 1V DRAINAGE EASEMENTS
THE 10 DRAINAGE EASEMENTS AS SHOWN ON THIS PUT ARE DEDICATED IN
PERPETUITY TO ROHM COMMERCIAL PROPERTY OWNERS' ASSOCIATION. INC.
FOR CONSTRUCTION AND MAINTENANCE OF STORMWATER MANAGEMENT
FACILITIES, AND SMALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF ROHM
COMMERCAL PROPERTY OWNERS' ASSOCIATION, INC.. DRAINAGE EASEMENTS
ARE SUBJECT TO THE RKIHT OF EACH LOT TO HAVE A DRIVEWAY AND OR PAVED
PARKING AREAS CROSS ONTO AND OVER THE EASEMENT AREAS AS APPROVED
BY THE CT' OF SEBASMN.
2) 2S DRAINAGE. ACCESS. AND UTILITY EASEMENT
THE 25 DRAINAGE, ACCESS, AND UTILITY EASEMENT AB MOWN ON THIS PLAT IB
DEDICATED IN PERPETUITY TO NORM COMMERCIAL PROPERTY OWNERS
ASSOCIATION. INC. FOR THE FOLLOWING PURPOSES: DRAINAGE EASEMENT FOR
DRAINAGE AND STORMWATER MANAGEMENT FACTURES: ACCESS EASEMENT
FOR THE CONSTRUCTION AND MAINTENANCE OF A PAVED DRIVEWAY FOR
INGRESS AND EGRESS TO WMIBROW DRIVE AND UTILITY EASEMENT FOR THE
CONSTRUC710N. INSTALLATION. MAINTENANCE AND OPERATION OF UTIUTIEB BY
ANY UTILITY PROVIDER, INCWDIND CABLE TELEVISION SERVICES,PROVIDED
HOWEVER. NO SUCH CONSTRUCTION. INSTALLATION, MAINTENANCE AND
OPERATION OF CABLE TELEVISION SER VICEB SHALL INTERFERE WITH THE
FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE - GAS OR OTHER PUBLK:
UTILITY. IN THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITY
OF A PUBLIC UTIIUTY. R SHALL BE SOLELY RESPONSIBLE FOR DAMAGES, SUCH
CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE
TELEVISION SERVICES SHALL COMPLY WITH THE NATIONAL ELECTRICAL SAFTY
CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMISSION. ALL UTILITIES
SHALL BE IN COMPLIANCE WITH SUCH ORDINANCES AND REGULATIONS AS MAY
DE ADOPTED FROM TIME TO THE BY THE CRY COUNCIL OF THE CITY OF
SEDASTAN. FLORIDA UTILITY AND DRAINAGE EASEMENTS ARE SUBJECT TO THE
RIGHT OF EACH LOT TO HAVE A DRIVEWAY FOR INGRESS AND EGRESS AS
APPROVED BY THE CRY OF SEBASTVW,
3) STORUWATER MANAGEMENT EASMENT
THE STORMWATER MANAGEMENT EASEMENTAO SHOWN ON THIS PLAT IS
DEDICATED IN PERPETUITY TO ROHM COMMERCIAL PROPERTY OWNERS'
ASSOCIATION, INC. FOR CONSTRUCTION AND MAINTENANCE OF DRAINAGE
FACILITIES AND SALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF ROHM
COMMERCIAL PROPERTY OWNERS ASSOCIATION, INC. THE INDIAN RIVER
COUNTY MOSQUITO CONTROL DISTRICT HAS THE RIGHT OF ENTRY UPON THIS
TRACT FOR THE WAITED PURPOSE OF INSPECTION. PREVENTION, OR
TREATMENT OF MOSQUITO INFESTATIONS, AS MOWED BY LAW. THE CRY OF
SEBASTIAN HAS THE RIGHT OF ENTRY UPON TARS TRACT FOR THE LIMITED
PURPOSE OF INSPECTION AND ENFORCEMENT OF THE MAINTENANCE AND
FUNCTION OF THE STORMWATER SYSTEM.
A) IN WITNESS WHEREOF, DANIEL .1 BROGNANO, TODD BROGNANO AND WILLIAM
BROGNANO. HAVE CAUSED THESE PRESENTS TO BE SIGNED THIS _� DAY
OF -2013,
BY: BY:
TODD DROGNANO. OWNER DANIEL J. BROGNANO. OWNER
BY:
WILLIAM BROGNANO. OWNER
WITNEBOESASTOALL-
SIGN SON
PRINT PRINT
B) IN W6TNEBB WHEREOF, DRP COMPANY OF ALABAMA, INC., A FLORIDA
CORPORATION, TAB CAUSED THESE PRESENTS TO BE SIGNED THIS -DAY
OF 2011
BY:
BEING THE OF DRP COMPANY OF ALABAMA, INC.
WITNESSES:
SIGN SIGN
PRINT PRINT
A) ACKNOWLEDGMENT AS TO CERTIFICATE OF
DEDICATION
DANIEL A BROGNANO, TODD BROGNANO AND WILLIAM BROGNANO
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS_ DAY
OF 2013, BY DANIEL J. BROGNANO, WILLIAM BROGNANO AND
TODD BROGNANO WIO ARE PERSONALLY KNOWN TO ME OR HAVE
PRODUCED AS IDENTIFICATION.
NOTARY PUBUC:
COMMISSION f
PRINTED NAME
MY COMMISSION EXPIRE&
B) ACKNOWLEDGMENT AS TO CERTIFICATE OF
DEDICATION
DRP COMPANY OF ALABAMA, INC.. A FLORIDA CORPORATION
STATE OF FLORIDA
COUNTY OF
CERTIFICATE OF TITLE
(ANDS AS AN S IS PUT ARE IN THE KAME OF, AND
APPARENT TITLE IS HELD BY DANIEL J. BROGNANO, TODD BROGNANO. WILLIAM
BROGNANO AND ORP COMPANY OF ALABAMA INC. ALL TAXES HAVE BEEN PAID ON
SAID PROPERTY AS REQUIRED BY SECTION 197.102, FLORIDA STATUTES. AS
AMENDED. THERE ARE MORTAGES. LIENS, SECURITY INTEREST OR OTHER SUCH
ENCUMBRANCES, AB FOLLOWS:
1) ALL MATTERS SET FORTH ON THE PUT OF ROHM COMMERCIAL PLAT RECORDED
IN PLAT BOOK 24. PAGE 29.
2)FASEMEM TO FLORIDA POWER AND WONT COMPANY RECORDED IN OFFICIAL
RECORDS BOOK2419, PAGE 34.
3) MORTGAGE FROM DRP COMPANY OF ALABAMA. INC. TO NATIONAL BANK OF
COMMERCE RECORDED IN OFFICIAL RECORDS BOOK 2460, PAGE 54
4) ASSIGNMENT OF RENTS TO NATIONAL SANK OF COMMERCE RECORDED IN
OFFICIAL RECORDS BOOK 2400, PAGE CO.
5) DECLARATION OF COVENANTS, CONDITIONS AND RESTRCTIONS FOR ROHM
COMMERCIAL RECORDED IN OFFICIAL RECORDS BOOK 2265. PAGE 1900.
6) FIRST SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS FOR ROHM COMMERCIAL RECORDED IN OFFICAL
RECORDS BOOK 2316, PAGE 2434
7) RESERVATIONS W FAVOR OF THE STATE OF FLORIDA AS SET FORTH IN THE
DEED FROM THE TRUSTEES OF INTERNAL IMPROVEMENT FUND OF THE STATE OF
FLORIDA AS RECORDED IN DEED BOOK 30, PAGE 435, AS EFFECTED BY QUITCLAIM
DEED RECORDED N OFFICIAL RECORDS BOOK 21, PAGE 164
ALL OF THE ABOVE INSTRUMENTS RECORDED IN THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIN THI.9 SEARCH IS UP TO AND INCLUDING AUGUST S, 2013.
WARREN W. DILL ESQUIRE
MORTGAGEE'S CONSENT
THE UNDERSIGNED HEREBY CERTIFIES THAT R 15 TIE HOLDER OF A MORTGAGE UPON A
PART OF THE PROPERTY DESCRIBED HEREON AND DOES HEREBY JOIN W AND CONSENT TO
THE DEDICATION OF THE LAND DESCRIBED N SAID DEDICATION BY THE O MHER THEREOF
AND AB DEDICATED ON THE ROHM COMMERCIAL PLAT, AS RECORDED N PUT BOOK 24.
PAGE 29, OF THE PUBLIC RECORDS OF NOLW RIVER COUNTY. FLORIDA AND AGREES TWAT
ITS MORTGAGE LENS OR OTHER ENCUMBRANCES WHICH ARE RECORDED N OFFICML
RECORDS BOOK 24M PACE 56, AND OFFICAL REOORD3 BOOK 2480. PAGE 66. OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SHALL OE SUBORDIM TO THE
DEDICATION SHOWN HEREON AND ON THE ROHM COMMERCIAL PAT. THE VNDFRSIGNED
GOES HERESY JON N AND CONSENT TO THE DECLARATION OF COVENANTS. CONORpNS
AND RESTRICTIONS FOR ROM COMMERCIAL RECORDED N OFFICIAL RECOHDS BOOR 2208.
PAGE 1905 AND FIRST SUPPLEMENTAL DECLARATION OF COVENANTS. CONDITIONS AND
RESTRICTIONS FOR ROHM COMMERCIAL RECORDED N OFFICIAL RECORDS BOOK 2314
PAGE 2450 SOTR OF THE PtZIJC RECORDS OF 940AN RIVER COUNTY. FLORIDA
(COLLEC7NELY REFERRED TO AS 9ECLARAT)OHS) AND AGREES THAT ITS MORTGAGE.
LIENS OR OTHER ENCUMBRANCES AS R£1'ERENCED HERE9ATWVE SMALL SE
SUBORDINATED TO THE DECLARATION&
N 1VTNESS WHEREOF. THE SAID BANK HAS CAUSED THE PRESENTS TO BE SIGNED SY ITS
-APO ITS CORPORATE SEAL TO BE AFFI ED HHER£CN BY AND WITH
THE ALITHIORITY OF RS BOARD OP DSECToNO THIS _ DAY OF
NATIONAL BMOC OF COMMERCE
LEGAL
A PORTION OF LAND LYING IN E NOR I H157S7 W OF THE NORTHWEST IN OF SECTION 7,
TOWNSHIP 31 SOUTH. RANGE 39 EAST. CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER,
STATE OF FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FCUVWS;
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 114 OF SAID SECTION 7
RUN NW472OYY ALONG THE NORTH UNE OF SAID SECTION 7A DISTANCE OF 41196 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION OF LAND; THENCE RUN
$13'5004E A DISTANCE OF 15862 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY
LINE OF EASTBOUND COUNTY ROAD 612, (FELLSMERE ROAD), AS THE SAVE NOW EXISTS.
THENCE RUN 84W57151NALONO SAID NORTHERLY RKJHT OF WAY LINE OF EASTSOUND
COUNTY ROAD 512 A DISTANCE OF 62331 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE. CONCAVE TO THE NORTHWEST. THE RADIUS POINT TO WHICH BEARS,
N4110T45'W. 2107.00 FEET; THENCE RUN SOUTK)A ESTERLY ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 2107.00 FEET, THROUGH A CENTRAL ANGLE OF OS'DTIS', AN
ARC D48TANCE OF 37.36 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF
WIMBROW DRIVE, AS THE SAME NOW EXISTS; THENCE LEAVING SAID CURVE RUN
N3W4MW ALONG SAID EASTERLY RIGHT OF WAY LINE OF WIMBROW DRIVE A DISTANCE
OF 346.65 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY UNE OF WESTBOUND
SEBASTIAN BOULEVARD, (COUNTY ROAD 612E AS THE SAME NOW EXISTS; THENCE RUN
N38'21'43'E ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WESTBOUND SEBASTIAN
BOULEVARD A DISTANCE OF 300.55 FEET TO A POINT ON THE NORTH UNE OF SAID SECTION
7. THENCE RUN S87477OE ALONG SAID NORTH LINE OF SECTION 7, A DISTANCE OF 395.63
FEET TO THE POINT OF BEGINNING.
SAID PARCEL LYING AND BEING IN THE CITY OF SEBASTIAN. COUNTY OF INDIAN RIVER
STATE OF FLORIDA AND CONTAINS 193.02190 SQUARE FEET, 0.N ACRES, MORE OR LESS),
AND SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD
LEGAL DESCRIPTION -DRP COMPANY OF ALABAMA INC.
A PARCEL OF LAND LYING NO 1M OF SECTION T. TOWNwP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, A PORTION OF PROPOSED LOT 1, ROM COMMERCIAL REPLAT, MORE PARTICULARLY DESCRIBED AS FOLLOW&
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST IA OF SECTION 7,
TOWNSHIP 31 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA RUN NW4210'W.
ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 609.51 FEET TO THE SOUTH
RIGHT OF WAY LINE OF WESTBOUND COUNTY ROAD 51; THENCE ALONG SAID RIGHT OF
WAY. RUN 536.2 P47W. A DISTANCE OF 10488 FEET TO THE POINT OF SFANMMMO;
THENCE RUN S36'MVF A DISTANCE OF 191.00 FEET; THENCE RUN S43'3505'W, 18888
FEET TO A POINT ON THE EAST RIGHT OF WAY OF WIMBROW DRIVE; THENCE RUN
N35'41G1 W, ALONG SAID EAST RIGHT OF WAY, 17300 FEET TO A POINT ON THE SOUTH
RIGHT OF WAY OF WESTBOUND COUNTY ROAD 517 THENCE RUN N38'21'43W, ALONG SAID
SOUTH RIGHT OF WAY, 200.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 35,327.45 SQUARE FEET, 0.01 ACRES, MORE OR LESS.
LEGAL DESCRIPTION - BROGNAN0 OWNED LAND
A PORTIO LYING IN TH TI ST 1M OF HE NO ST 714 OF SECTION 7,
TOWNSHIP 31 SOUTH, RANGE 39 EAST. CITY OF SEBASTIAN. COUNTY OF INDIAN RIVER.
STATE OF FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 114 OF SAID SECTION 7,
RUN HU'42W W ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 413.96 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PORTION OF LAND; THENCE RUN
SIrWOM A DISTANCE OF 15882 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY
LINE OF COUNTY ROAD 512, (FELLSMERE ROAD). AS THE SAME NOW EXISTS, THENCE RUN
S48.571SW ALONG SAID NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 512, A
DISTANCE OF 52211 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE,
CONCAVE TO THE NORTHWEST, THE RADIUS PONT TO WHICH BEARS, N4/'07'451N,
2107.00 FEET; THENCE RUN 80VTHR WESTERLY ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 2107.00 FEET. THROUGH A CENTRAL ANGLE OF 01'0147. AN ARC OSSTANC6 OF
3758 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF WIMBROW DRIVE, AS
THE SAME NOW EXIST& THENCE LEAVING SAID CURVE RUN N35'41DIW ALONG SAID
EASTERLY R193HT OF WAY UNE OF WMBROW DRIVE. A DISTANCE OF 346M FEET TO A
POINT ON THE SOUTHERLY RIGHT OF WAY UNE OF SEBASTIAN BOULEVARD. (COUNTY
ROAD S12L AS THE SAME NOW EKOSTS; THENCE RUN N38'21.43'E ALONG SAID SOUTHERLY
RIGHT OF WAY LINE OF SEBASTIAN BOULEVARD A DISTANCE OF 30483 FEET TO A POINT
ON THE NORTH UNE OF SAID SECTION T, THENCE RUM SW422OE ALONG SAID NORTH
UNE OF SECTION 7 A DISTANCE OF 395.45 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A PARCEL OF LAND LYINO IN THE NORTH EBT 114 OF SECTION 7, TOWNSHIP 31 SOUTH,
.2013. PRNf NAMIl RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. A PORTION OF PROPOSED LOT 1, ROHM
BY THE FOREGOING INSTRUMENT VMSACIOAOWLEOOED BEFORE ME TWS_ DAY OF COMMERCIAL REPLAT, MORE PARTICULARLY DESCRIBED AS FOLLOWS
OF DRIP COMPANY OF ALABAMA A FLORIDA CORPORATION, 39X3 BY OF NATIONAL BANK OF COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1N OF SECTION 7,
C&M-IRCE ON BEHALF Op THE BATIK. HHE/6GHE M PERSONALLY gIOWM4 TO VE OR NAS TOWNSHIP 31 SOUTH. RANGE 39 EAST, INDIAN RIVEN COUNTY. FLORIDA. RUN N89'422I7'W.
WHO IS PERSONALLY KNOWN TO ME OR K48 PRODUCED AS PROOIICED ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 009 .51 FEET TO THE SOUTH
A9IDENTIFICATION. RIGHT OF WAY UNE OF WESTBOUND COUNTY ROAD 514 THENCE ALONG SAID Rr..ITT OF
IDENTIFICATIOR WAY, RUN S36'21'47W. A DISTANCE OF 100.8E FEET TO THE POINT OF BEGINNING;
NOTARY PUBLKI PRNT NAw THENCE RUN 53W3374-E, A DISTANCE OF 191.00 FEET, THENCE RUN S43'3SO4W, 19400
NOTARY PUSUC: FEET TO A POINT ON THE PAST RIGHT OF WAY OF WNISROW DRIVE; THENCE RUN
COMMISSION NO.• EXPIRATKXI DATE NW4T0/W, ALONG SAID EAST RIGHT OF WAY, 17300 FEET TO A POINT ON THE SOUTH
COMMISSION 9: RIGHT OF WAY OF WESTBOUND COUNTY ROAD 512; THENCE RUN N38'21'47W, ALONG BIND
SOUTH RIGHT OF WAY, 20400 FEET TO THE POINT OF BEGINNING.
PRINTED NAME
SAID PARCEL CONTAINING 108,296.42 SQUARE FEET, 3.53 ACRES, MORE OR LESS.
MY COMMISSION EXPIRES:
178VJS101J5
PREPAREDBY:OHAISESRRNNOMRD,PSM An -0 Jill 11tAOIa7A3Y
MOOWG LINO SURVEYORS
G
e MERIDIAN SHEE
j7W I/TNDL D WRIMVD SU
/I\ R N R
S vavo
v,L >BAL URE39I
NATIONAL BONA CITY OF CONSULTWO SURVEYOR CRARIM R. Cure OF THE VOtO SLAQG,R32%6
OF COMMERCE SEBASTIAN AHD MAPPER BUNCRARD. P.S.M. CIRCUIT COURT FBONL7D- 7F4121.FAX:m- 'U41 -1M4 o f
r,At.".LB4 tOITF1NCT
4 of 180
ROHM COMMERCIAL REPLAT
A RE -PLAT OF "ROHM COMMERCIAL PLAT'
PLAT BOOK 24 PAGES 29 -30, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
BEING A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER, STATE OF FLORIDA
NOTICE:
N0TICE7HIS PLAT. AS RECORDED N ITS GRAPHIC FORM, 15 THE OFFICIAL DEPICTION
OF THE SUBDNmED NAIADS DESCRIBED HEREON AM WILL N NO CIRDUMSTANCES BE
SUPPLANTED IN AUFHORRY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT.
NOT MTHERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON
TF PUTT)ATANY BE FWQ N THE PUBLIC RECORDS OF THIS COUNTY.
NOTICE: COVENANTS, RESTRICTIONS OR RESERVATIONS AFFECTING
THE OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PLAT
ARE FILED IN OFFICIAL RECORD BOOK 4308, PAGE 1805, AND OFFICIAL
RECORDS COOK 4315. PAGE 3450. OF 114E PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA.
CLERK'S CERTIFICATION
STE O FF ORIDA
COUATNTY OF INDLAN RIVER
L JEFFREY R. SMITH, CLERK OF CIRCUIT COURT OF INDIAN RIVER
COUNTY, LORIDA, DO HEREBY CERTIFY THAT 1 HAVE EXAMINED THIS
PLAT OF ROHM COMMERCIAL REPLAT AND THAT R COMPLIES W ITN ALL
THE REDUTREMENTS OF CHAPTER 1T7 OF THE LAWS Of FLORIDA THIS
PLAT FILED FOR RECORD TW S DAY OF
3013 AND RECORDED ON PAGE OF PUT BOOK
N THE OFFICE OF THE CLERK OF CIRCUIT COURT OF
INDIAN RIVER COUNTY. FLORIDA
By'
DEPUTYCLERKOF CIRCUIT COURT
INDIAN RIVER COUNTY. FLORIDA
CITY SURVEYOR'S CERTIFICATE
THIS PUT OF ROHM COMMERCIAL REPLAY HAS REVI BY
THE UNDERSIGNED PROFESSIONAL SURVEYOR AND MAPPER
EMPLOYED BY THE CRY COUNCIL OF THE CITY OF SEBASTIAN FOR
CONFORMITY TO THE REQUIREMENTS OF PART 1. CHAPTER 1T7,
FLORIDA STATUTES AND ARTICLE XN OF THE CITY OF SEBASTIAN
LAND DEVELOPMENT CODE
DATE
DAVID M. JONES. PLO. FLORIDA CERTIFICATE NO, 3909
CONSULTING SURVEYOR FOR CITY OF SEBASTIAN
CERTIFICATE OF APPROVAL AND
ACCEPTANCE BY CITY COUNCIL:
THIS IS TO CF3UFN, THAT ON THIS _ DAY OF 3017. THM PUT
WAS APPROVED BY THE CITY OF SEBASTIAN CITY COUNCIL THE EASFME TS DEDICATED
TO THE CITY ARE ACCEPTED.
MAYOR CITY ENGINEER
BOB MCPARTIAH FRANK WATANASE, P.A.; NE EL- SCFWFTER
CITYCLERK: COY ATTORNEY'
SALLY MAO. MLIC ROBERT A GINS8IRG, ESQUIRE
(ATTEST TO THE MAY0R6 SIGNATURE)
SURVEYOR'S NOTES:
1) THE PAkCELOF LAND SHOWN;;EREON IS LOCATED IN ZONE'X'AS
PER FLOOD INSURANCE RATE NAP /13001CO111 H. DATED DEC.04.4014.
4) THE HORIZONTAL COORDINATES AND BEARINGS SHOWN HEREON
ARE BASED ON THE STATE PLANE COORDINATE SYSTEM. FLORIDA EAST
ZONE (001). NAD 83 INCAS ADJUSTMENT OF IBM AND ARE BASED ON
INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK MONUMENTS
GPSH13 AND GPS700. THE NORTH LINE OF THE NORTHEAST V4 OF THE
NORTHWEST 114 OF SECTION 7 BEARS SSBLTI(rE AND IS A GRID
BEARING AND THE BA818 OF BEARINGS FOR THIS PLAT.
S) PERMANENT REFERENCE MONUMENTS SET ARE 4• X 4' CONCRETE
MONUMENTS WITH MAO NAIL AND BRASS DISC STAMPED'PRM NESS LB
DOW.
4) PERMANENT CONTROL POIHM SET ARE MAG NAILS WITH BRADS DISC
STAMPEO'PCP HESS LB OBOE.
5) PARCEL CORNER MARKERS SET ARE SIB' IRON ROD WITH CAP
STAMPED HSBS LB 0903.
6) ALL LOT LINES ARE RADIAL UNLESS OTHERWISE NOTED
?)THE CONVERSION FACTOR FOR NAVD 1980 TO NGVD 193918.1.45.
THIS WAS DETERMNE.D USINO CORPSCON FOR WINDOWS VER. Q0.1
SURVEYOR'S CERTIFICATE
KNOWALLMENDY, UNDERSIGNED, BEINO A
PROFESSIONAL SURVEYOR AND MAPPER, LICENSED BY THE STATE OF FLORIDA,
DOES HEREBY CERTIFY THAT ON JULY 15TH, 3013 HE COMPLETED THE SURVEY
OF THE LANDS AS KNOWN IN THIS PUT; THAT THE PLAT WAS PREPARED
UNDER HIS DIRECTION AND SUPERVISION AND THAT THE PUT COMPLIES WITH
ALL THE SURVEY REQUIREMENTS OF PART 1, CHAPTER 177, FLORIDA STATUTES;
THAT SAID PUT IS A CORRECT REPRESENTATION OF THE UNDO THEREIN
DESCRIBED AND PUTTED OR SUBDIVIDED; THAT PERMANENT REFERENCE
MONUMENTS AND POPS HAVE BEEN SET AS SHOWN THEREON AS RECUIRED BY
CHAPTER 177 FLORIDA STATUTES, SUBDIVISIONS AND PLATTING, CHAPTER 913,
.. ARTICLE X OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE, AND THAT
SAID LAND IS LOCATED N IN DEAN RIVER COUNTY, FLORIDA TIES TO
GOVERNMENT CORNERS AND TO INDIAN RIVER COUNTY HORIZONTAL CONTROL
NETWORK MONUMENTS CONFORM TO FGCC THIRD ORDER CLASS 1
STAN0ARDS.
DATE
CHARLES K BIANCHARD. P.SJA. FLORIDA CERTIFICATE )40.5755
HOUSTOK SCHUUNE, BRTLE. 8 STODDARD. INC. DiIWA
MERIDUVN LAND SURVEYORS
1717 IN DU1N RIVER BOULEVARD SUITE 401. VERO BEACH, FLORIDA 34950
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. LS 0903
PREPARED BY:O WOES H BUNCKAFA PSM
LFRIOIAI LAW SURVEYORS
ROHM COMMERCIAL REPLAT
A RE -PLAT OF "ROHM COMMERCIAL PLAT' PLAT BOOK
PLAT BOOK 24 PAGES 29 -30, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
BEING A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, PAGE
CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER, STATE OF FLORIDA DOCKET NO.
N V) FO 41 NCIl LTOP BROKEN OFF) ON PREVIOUS
WiW SURVEY BY THIS FIRM. FOUND REPLACED 111TT1
41, /' FIRM LB 6805 FOR ASHBURY 6UBIKN610N
i h CERTIFIED CORNER RECORD NO.'
NW CORNER SECTION 7-31-39 i ,y, Rw I
"f •"•' UNPLATTED LANDS
zlz
GALLENT)NESUBDIVISfON �' SW 1!4 OF SECTION 6.31.38 UNPLATTED LANDS
KKK i PLI7 BODY9 PACs 33 ' ZONING PS ,
LOT 5 LOT 4 LOT 3 LOT 2 i LOT 1 / Q SW 114 OF SECTION 8.3119
N !2629526655'
--�--i--y- -�-- N 125295472-36 £ 477147871-1
CALAMOMMSTRlE7 62 5752 025 7 lo'tWAAGGC FAST]KN7 .O-Q '
' g 50' Rh ID AWY 569'4110'£ IJR 06' &A.QS ar a£4%Z) pAR MS & e 41)CI Nag 422 8,wr (a)
,L N&9is Sri• r.IS9la' S8912�h71r 401.21' IBM5 SSYW2 1T• 72_7Q2' ,
�Tfr� R79Y .Sa9 f110� 19.585' OA IKl47H UY Lr�YCT/df 7- J7 -,I9 H I il' I1J95'
13 /iPv
� 59(Q N 1282955.3766 NJ67l iLlT JL7C � `D �Z57 JPl. `\
i NW CORNER OF THE NE 1 /4J E 826625.0(162 t1 �' /D7') 1�9
' OF THE NW 1,4 OF SECTION 7 .�C' 0 y6 c„ NoT INtL
I �J
I ASNBURY SUBDIVISION j [e /ss2s + `i 66V0 �� FO OLD I ?4•C.M. NO IDENTIFICATION
PLAT BOOK 20, PAGES 1.12 % • "• N ,.,� NE CORNER OF THE NORTHWEST 114 Oi
C TRACT X' 10� p� LDT 4 S �� SHWA /' 7HE NORTIiWEST 1L10F SECT ON 7,
ZOIIDYG CG �'/ 1.22 ACRES :`S� I MANAC?�/EN7 EASE//fNT /'� TOWNSHIP 31 SOUTH, RANGE 39 EAST
' /,!/ (NORTH 114 CORNER SECTION 7)
CERTIFIED CORNER RECORD #0003N0 (USED)
Wily '4T 4'C9 7awc iv
' fD A �1,T 'YS. '(0' , <, �- , '8'• '`
NO lU'VIYIG7XN '
4.
LOT .T `.;. ''6'1'' RJ/
EASEMENT LINE NE ABLE
1.56 ACRES 4 \ ' b<
' LINE LENGTH BEARING
` /1M1' Lt 1TY WTBPAYE
I! 53511b7T 0 QBrDALW£S
}': (
UNPLATTED LANDS \ 1661 L175'AYG "0 S, , \- SLIIHMYII.D'2�- ��. ��00 �� Z(riSLG PY i u sr.5r N7r,rrae =
ti ZONING CG i lD P191 ROBG1 M)1D7 A /�
! /LiS"'g, / £LfcIRC LaSCLL!/1 -E` t i L. an• aicm4E
LB 6PR5 1Q lO� A8 24. A: 2P '; S � .,,05 I u ,nar Nmamw `b
Qi a' / \ 'S` \•P, �.r, �' ��`�- ; ' dl`'�• �@' I v ,ISr 5T5•s9rc
u our as•,rSlw
� /�i // ``\ 80� z ' �.�'/ "`• \� `� /��orl� %�` \ti �``l 1 NORTH Rnv OF COUNT! ROAD 512
u eaea a.r.r w
1 (SEBASTIAN BI-w.) PER ourt CLAIM
DEED TO INDIAN RIVER COUNTY AND L,8 )AV 8S1T0'JJW
�.
p/JI- N,y7 tr [yq• / 5 i ACCEPTED BY INDIAN RIVER COUNTY L„ ,aov NST4t9,w
66Sp ,l ,
LOT 2 5 ,� 4 BY LETTER DATED 7114M
I ay
j I UNPLATTED LANDS \ -�. •rn�, a 8 ACRES `--------------------------------------------------------------
`� ' ZONING CG `7Q
ACORN ACRES SUBDIVISION
,'
`,�
'ji.4,J•j, Q" '/ F� / `.
1 `
I I
PLAT BOOK 16. PAGE 14
LOT 1
Off/ i� �. `, 1~,•
$
�
i
fD �,
� /' �
`\ ,,`�`.
NOTE:
NO BUILDINGS, CONSTRUCTION. TREES, OR SHRUBS SHALL
\GHQ
BE PLACED IN EASEMENTS WITHOUT CITY OF SEBASTIAN
APPROVAL
12107.. 00 0 0 O' G' `�` '
`
CAL -CONCRETE MONUMENT
C.CR- CERTIFIED CORNER RECORD
Q`r
y� °S 0 >/
R . RADIUS
NOMP -THIS IS PLAT. AS RECORDED IN ITS GRAPHIC FOf W-IS THE OFFIWL DEPICDON
OF 7HE 6UBDNWFD LANDS DESCRIBED HEREIN NOW11wHO CIRCUMSTANCES BE
Ll'LTA•019fY9' -
1
/L7L BEAM: A49i215(T �'L \
/' ``O
di . CHORD
CD. CHORD BEARING
SUPPLANTED W AUTHORITY BY ANY OTHER GRAPHIC OR DTGRAL FORM OF THE RAT.
i Q'L WIGP =J7.58 ♦
'' '
``�
L • CHORD LENGTH
P013
NOTIMTKERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON
THIS FIAT THAT MAY BE FOUND IN THE PUBLE RECORDS OF THIS COWRY -
e!
/ \ `.`` °~
PCgNOOK
OC � OF
NSF- COVENANTS. RESTRICTIONS OR REBFRVATIONS AFFECTING
771E OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PLAT
/
``\
Wr- 15
SYMBOL LEGEND
POINT COMMENCEMENT
PCP. PERMANENT CONTROL POINT
PRM. PERMANENT REFERENCE
MONUMENT
North PREPARED BY QL1flLE4H BLA)KOiARD, PSM
ARE FILED IN OFFICIAL RECORD BOOK 2258, PAGE 1905, AND OFFICIAL
RECORDS BOOK 2316, PAGE 2450 OF THE PUBLIC RECORDS OF
/'
_ _P `O
a.
\ ,�\ S FD 4W CONCRETE PERMANENT
FD .FOUND
CASE - EASEMENT
GRAPHIC SCALE MERIDIAN LAND SiIAVEYORS
50 5 50 Loo 'III Q PTSPAAAW* 9067 2DU
INDIAN RIVER COUNTY, FLORIDA
REFERENCE MONUMENT (FIRM)
LDr080S
RAW RIGHT OF WAY
I Q—� JIEVLOONS
/
NAVD. NORM AMERICAN VERTICAL
)
O LOT CORNER MARKER SET
w IRC. Longo
DATUM
PO.-PAGE
I Lmh _7527 tL
E) SET PERMANENT CONTROL
P.L.S. . PROFESSIONAL LAND
61AC11AL
HOUSTON, SCHULKE. BITTLE. d STODDARD.INC. DIWA SHEET
POINT 8'CP) LOS 8805
MERIDIAN
La:�LLAND SURVEYING BUSINESS
WC • Oil»// ROD AND CAP
wO SN uwoR6
IAN PDLM1 W,'Fll eLY0.3UTIE LI
Ft7oS11lG
V[RO DiACLL FL 3TN4
FP&L- FLORDpO VERAND UGNT CO.
4LA L3sx�T of `
of 180
AGENDA TRANSMITTAL
Subject:
Agenda No. 3.
Citizen Input — Dan Dragonetti
Department Origin: City Manager
Administrative Sry .
A proy1d for Submittal by:
City Attorney:
JV 11
City Clerk:
I Mi r� City Manager
Date Submitted: 16 OCT 13
J/
For Agenda Of: 23 OCT 13
Exhibits:
EXPENDITURE REQUIRED:
AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
$0
$0
$0
SUMMARY
Dan Dragonetti (1355 Barber Street) has requested a moment to speak with Council.
He will be requesting that Council consider a modification to the noise ordinance for
residential areas. Attached is correspondence from Mr. Dragonetti and current noise
regulations from City code.
177 of 180
From: Daniel Dragonetti [mailto:mayflower6 @bellsouth.net]
Sent: Wednesday, October 09, 2013 6:47 PM
To: Alfred Minner; Sally Maio
Subject: Thanks for the call
Here is what is needed in residential neighborhoods:
1. A quantitative measurement of sound level by a decibel meter. This will be an
OBJECTIVE MEASUREMENT. This makes the job of the police officer easier
because he or she is not called upon to subjectively assess the sound pressure
level .Complaint calls made to police to harass their neighbor will be dealt with
scientifically by a decibel meter. Not everyone is reasonable or prudent when
they dislike their neighbor for whatever reason . In the 10 years i have lived in
Sebastian and played guitar in my home this is the first time i have had a
complaint. The individual who lodged the complaint was asked several times in
the year he has lived next door to me if my playing was intrusive. He and his
wife replied "We can barely hear it" . I have had friends stand outside the home
to evaluate this problem and they could barely hear my playing . The nucleus of
the issue is placing subjective evaluation in the jurisdiction of the person placing
the complaint is unfair. They are judge and jury. To adjudicate this issue fairly a
decibel meter would objectively settle the issue . The fines for non compliance
are quite steep and this factor would encourage a malevolent neighbor to repeat
their complaint. I ask that this statement be read at the 23 Oct 2013 meeting and
then i would be glad to answer any questions that may arise.
2. A time should be set ( as in C .1 for power tools) when a musician can play
their instrument. I play my guitar ( soft rock) between 7 - 830 pm and then stop .
These would be reasonable hours .
3.To save time please circulate this email to The City Council members. The
internet has very good explanations of decibel meaning . The cost of a decibel
meter is about $60 - 70. 1 would be happy to donate a decibel meter to
Sebastian .
Thanks for your listening to my problem ,
Dan Dragonetti
1355 Barber Street
Sebastian, Florida, 32958
772 589 6921
178 of 180
PART II - CODE OF ORDINANCES
Chapter 67 - NOISE
Chapter 67 - NOISE
Sec. 67 -1. - Noises; unnecessary and excessive prohibited.
Sec. 67 -2. - Responsibility for compliance.
Sec. 67 -3. - Enforcement procedure, warnings, and citations.
Sec. 67 -4. - Exemption.
Sec. 67 -1. - Noises; unnecessary and excessive prohibited.
A. It shall be unlawful and a violation of this section for any person to make, continue, or cause to be
made or continued any unreasonably loud, excessive, unnecessary, or unusual noise.
B. A violation of this chapter shall occur if circumstances are such that a violation would be obvious
to an ordinary, reasonable, prudent person.
C. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary
or unusual noises in violation of this chapter but this enumeration shall not be deemed to be exclusive,
namely:
(1) Power tools and landscape equipment. The operation of noise - producing lawn mowers, lawn
edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise producing
tools which are used at a residence out -of -doors between 9:00 p.m. and 7:00 a.m.
(2) Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird
which causes frequent, habitual or continued noise and which disturbs the peace, quiet and
comfort of neighboring residents.
(3) Radios, televisions, CD players, musical instruments, speakers, loudspeakers, amplifiers,
and similar devices. The using, operating, or permitting to be played, used or operated any radio,
television, CD player, musical instrument, speakers, loudspeakers, amplifiers or other machine or
device for the producing, reproducing or amplifying sound in such manner as to disturb the peace,
quiet and comfort of neighbors.
(Ord. No. 0- 09 -12, § 2, 9- 23 -09; Ord. No. 0- 12 -01, § 1, 2 -8 -12)
Sec. 67 -2. - Responsibility for compliance.
A. For the purposes of this article, any person owning or having responsibility for management of a
premises, however temporarily, or any performer or disc jockey producing sound upon any premises,
any person playing music, any person having control of volume knobs or levels or amplification devices,
and the business as named on the occupational license, if applicable, shall be jointly and severally
liable for compliance with this article and shall be responsible for any violations of this article.
B. Any person, firm or corporation may provide the city with the name and phone number(s) of one or
more persons who may be called to achieve compliance with this chapter. City enforcement officers,
when furnished with such contact information, shall attempt to reach those persons by phone in an
Sebastian, Florida, Code of Ordinances
Page 1 of 2
179 of 180
PART II - CODE OF ORDINANCES
Chapter 67 - NOISE
attempt to achieve compliance and such persons shall also be responsible for compliance as defined in
section 67 -2 A. above.
(Ord. No. 0- 09 -12, § 2, 9- 23 -09; Ord. No. 0- 12 -01, § 1, 2 -8 -12)
Sec. 67 -3. - Enforcement procedure, warnings, and citations.
A. Warnings. A first violation of this chapter shall result in a warning, either oral or written, that details
the violation with specificity and requires prompt corrective action be taken by any person(s)
responsible for compliance as defined in section 67 -2
B. Citations. If corrective action is not taken within 15 minutes of the warning, or if a warning for the
same offense has been issued within the past 60 days, an enforcement officer is authorized to issue a
citation for each subsequent violation in accordance with the following schedule:
(1) The first citation issued within 60 days of a warning for the same offense shall carry a fine of
$50.00.
(2) The second citation issued within 60 days of a warning for the same offense shall carry a fine
of $250.00.
(3) The third and each subsequent citation issued within 60 days of a warning for the same
offense shall carry a fine of $500.00.
(Ord. No. 0- 09 -12, § 2, 9- 23 -09; Ord. No. 0- 12 -01, § 1, 2 -8 -12)
Sec. 67-4. - Exemption.
The following uses and activities shall be exempt from the noise regulations set forth in this chapter:
(1) Noises of authorized safety signals and warning devises.
(2) Noises emanating from any government vehicle or property.
(3) Noises from emergency work, which is to be construed as work made necessary to restore
property to a safe condition following a public calamity, or work required to protect persons or
property from an imminent exposure to danger, including without limitation noises from generators
or other equipment used by communications companies or other utility companies due to a
commercial power outage or in connection with restoration of service operations or routine testing
of such generators or other equipment.
(4) Any activity authorized by the city council or city manager.
(Ord. No. 0- 09 -12, § 2, 9- 23 -09; Ord. No. 0- 12 -01, § 1, 2 -8 -12)
Sebastian, Florida, Code of Ordinances
Page 2 of 2
180 of 180