CITY OF INDIAN HARBOUR BEACH REGULAR COUNCIL MEETING TUESDAY, JULY 12, 2016

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3 CITY OF INDIAN HARBOUR BEACH REGULAR COUNCIL MEETING TUESDAY, JULY 12, 2016 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor David Panicola with the following present: Mayor David Panicola Council Member Frank Guertin Council Member Scott Nickle Council Member James Nolan City Manager Mark Ryan City Clerk Deborah Maliska APPROVAL OF MINUTES It was the consensus of the Council to approve the minutes of the Regular Council Meeting, held June 28, PRESENTATION REPORTS Mayor Panicola presented Building Official Bob Allgood with a Proclamation honoring his 10 years with the City and his retirement. City Manager Ryan then presented Bob with a plaque from the City. City Manager s Report Action Items: 1) Acknowledgement of the City Manager s Proposed FY Annual Operating Budget and Establishment of the Annual Budget Public Hearings. City Manager Ryan requested the Council to approve the following requests: a) Acknowledge receipt of the City Manager s Proposed FY Annual Operating Budget b) Approve the first Public Hearing for the FY Proposed Operating Budget, Tuesday, September 6, 2016 for adoption of a Tentative Operating Budget and Tentative Operating Millage. c) Approve the second and final Public Hearing for the FY Proposed Operating Budget and the Final Adoption of an Operating Millage Rate on Tuesday, September 20, 2016.

4 REGULAR COUNCIL MEETING TUESDAY, JULY 12, 2016 PAGE 2 In addition to the above, City Manager Ryan also asked for a Budget Workshop to be scheduled on Tuesday, July 26 th at 6:00 p.m. prior to the regular scheduled Council Meeting at 6 p.m. A motion was made by Council Member Nickle, seconded by Council Member Guertin and voted unanimously (4-0) to acknowledge receipt of the City Manager s Proposed FY Annual Operating Budget, approve First Public Hearing for the FY Proposed Budget on Tuesday, September 6, 2016 and to approve the second and final Public Hearing for the FY Proposed Operating Budget along with the Final Adoption of an Operating Millage Rate on Tuesday, September 20, It also was the consensus of the City Council Members to hold a Budget Workshop prior to the regular scheduled Council Meeting, Tuesday, July 26, 2016 at 6 p.m. 2) Proposed Paver Stone Sidewalk Policy Implementation. There was extensive discussion regarding paver stones. A draft ordinance regarding pavers was presented to the Council members for their review, included in the City Manager s report there were suggestions from Council Member Nickle for additional requirements for installation of pavers and comments from staff in response to Council Members Nickle s suggestions. It was the consensus of the Council to proceed with the ordinance with designating the the pavers thickness be no less than 3 ½ inches used where the sidewalk area is. Informational Items: 1) Mid-Reach Beach Nourishment Project 2) 2016 Florida League of Cities Annual Conference August 18-20, ) Ethics Training for Elected Officials 4) Beach Park Restrooms Update 5) Oars and Paddles Park Update 6) Space Coast League of Cities Indian River Lagoon Sub-Committee City Attorney s Report City Attorney Bohne was excused from tonight s meeting. Council Comments Council Member Guertin thanked staff, Council and Eau Gallie Yacht Club for a great evening for the Space Coast League of Cities dinner hosted by Indian Harbour Beach.

5 REGULAR COUNCIL MEETING TUESDAY, JULY 12, 2016 PAGE 3 Council Member Guertin also had a comment in regards to the annual evaluation for the City Manager. He assumed when they voted for the 3% increase it would be retroactive to City Manager Ryan s anniversary date because the Council did not set a date for the increase to take place. It was the consensus of the Council to use City Manager Ryan s anniversary date, April 23, 2016, if an increase in his salary is proposed after his evaluation and to pay him retroactive for this past year. A motion was made by Council Member Guertin, seconded by Council Member Nickle and voted unanimously to pay retroactive to City Manager Ryan s Anniversary date the increase of 3% awarded by the City Council. Council Member Nickle reported he attended the Space Coast Transportation Planning Organizational meeting. Mayor Panicola reported he received a picture of a canal that looked green. City Manager Ryan reported the City was aware of the discoloring. A motion was made by Council Member Guertin, seconded by Council Member Nickle to excuse Deputy Mayor Newberry from tonight s meeting. Public Comments Agenda Items Only There were none. UNFINISHED BUSINESS There was none. NEW BUSINESS 1) FIRST READING ORDINANCE NO CALLING FOR A REFERENDUM ELECTION TO AMEND THE CITY CHARTER; PROVIDING SIX BALLOT QUESTIONS PERTAINING TO: 1) THE CIVIL SERVICE PROVISIONS, 2) PURCHASING REQUIREMENTS, 3) CERTIFICATION OF MUNICIPAL ELECTIONS, 4) ORDINANCE ADOPTION PROCEDURES, 5) HEIGHT OF WEEDS AND GRASS REGULATIONS, 6) PROVIDE ALTERNATIVE CANDIDATE QUALIFYING PROCEDURES

6 REGULAR COUNCIL MEETING TUESDAY, JULY 12, 2016 PAGE 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY FLORIDA; CALLING AND SCHEDULING AN ELECTION UPON AMENDMENTS TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING AN EFFECTIVE DATE. City Manager reviewed all six amendments to the existing Charter that we are preparing to be put on the ballot at the next election being held November 8, A motion was made by Council Member Nolan, seconded by Council Member Nickle and voted unanimously (4-0) to approve Ordinance No on first reading. 2) APPROVAL FOR ATLANTIC DEVELOPMENT OF COCOA TO CLEAR AND REMOVE TREES AND BRUSH IN THE RIVERSIDE PARK DRIVE CANAL AND RESHAPE AND SOD THE CANAL AT A COST NOT TO EXCEED $13,500 (ACCOUNT # ). PUBLIC FORUM ADJOURN A motion was made by Council Member Nolan, seconded by Council Member Guertin and voted unanimously (4-0) to approve Atlantic Development to remove trees and brush in the Riverside Park Drive Canal not to exceed $13,500. No one spoke. A motion was made by Council Member Nickle seconded by Council Member Guertin and voted unanimously to adjourn the meeting at 7:48 p.m. ATTEST: DAVID A. PANICOLA, MAYOR DEBORAH MALISKA, CMC CITY CLERK

7 MEMORANDUM July 21, 2016 TO: FROM: SUBJECT: The Honorable Mayor and City Council Mark K. Ryan, City Manager July 26, 2016 Regular City Council Meeting The following is my report for council s regular meeting of July 26, 2016 A. ACTION ITEMS 1. Capital Asset Disposal and Release of Committed Funds In accordance with the Capital Asset Policy adopted on December 8, 2015 I am attaching for your acceptance the 3 rd Quarter Capital Asset Disposal Report. Additionally, the Traffic Light Controller at Yacht Club Drive and South Patrick Drive was approved for replacement at a cost of $13, The actual expenditure was $13,646.47; therefore, $ needs to be released by Council Edward Byrne Memorial JAG Program Funds Each year Brevard County makes application to the Florida Department of Law Enforcement (FDLE) for the Edward Byrne Memorial Justice Assistance Grant Funds (JAG) to be used on a countywide law enforcement issue. The Brevard County Police Chiefs Association and the Brevard County Sheriff s Office have routinely submitted this grant application with the proceeds funding Prisoner Transportation throughout Brevard County. The FDLE regulations require each municipality to support the designated use of these funds. Enclosed is a letter of support to be signed by Mayor Panicola and staff would request approval for the execution of the letter and submittal to the Sheriff s Office for support of this grant request. 3. Approval of an Adopt-a-Park Policy Included in this agenda package is a copy of a proposed Adopt-a-Park policy for our community. Staff requests approval of the attached policy. 4. Amended April 26, 2016 City Council Minutes Included in this agenda package is an amendment to the April 26, 2016 City Council Meeting Minutes adding language to the minutes recognzing the re-direction of the previously authorized expenditure for the City Council air conditioner to the Police Department for an emergency air conditioner repair.

8 July 26, City Manager s Report Regular City Council Meeting B. INFORMATIONAL ITEMS Florida League of Cities Annual Conference August 18-20, 2016 The 2016 Florida League of Cities Annual Conference will be held on August 18-20, 2016 at the Diplomat Resort in Hollywood, Florida. Shauna Hume, Executive Assistant has distributed the registration packet to the members electronically. Please inform staff if you would like to attend, and we will process your registration. 2. Ethics Training for Elected Officials As you are aware, the Florida Legislature in 2014 passed legislation requiring elected officials to take four hours of ethics training each calendar year beginning in The City of Satellite Beach will host an Ethics Training program on Monday, August 15, 2016 at 1:00 p.m. Please let City Clerk Debbie Maliska know as soon as possible if you will be attending this program. 3. Beach Park Restrooms Update The CXT Pre-fab Concrete Restrooms were delivered and installed on site on Tuesday, July 19, Congratulations to our Public Works Department, Police Department, and Building Department for the phenomenal team work on this installation. Great job! 4. Letters of Appreciation Since we last met we have received letter(s) of appreciation or s from citizens acknowledging the hard work and professional efforts of the following team member(s). Employee Sergeant Shadrack Carter Police Department Department Congratulations! 5. Follow-up to Paver Stone Driveways and Sidewalks As a follow-up our discussion at the July 12 th City Council Meeting concerning Paver Stone Sidewalks crossing driveways. Bob Allgood, former Building Official reports his discussions with the companies that install these driveways in our community install two inch (2 ) thick paver stones in the driveways, not three inch as previously reported. Therefore, unless directed otherwise the sidewalk paver stone regulations being drafted 7/21/16 4:05 PM

9 July 26, City Manager s Report Regular City Council Meeting with provide that such products crossing municipal sidewalks will be no less than two inches (2 ) in thickness. 6. Atkins North America Muck Removal Assessment Update I previously reported the contracts for the Muck Removal Assessment by Atkins North America were executed and a Notice to Proceed has been issued as of April 19 th. The consultant provided the required Bathymetric Surveys and Muck probes on June 3 rd. The estimated muck volumes are due to the city in late June. We met with the consultant to discuss the next steps. As the permit for the Grand Canal dredge project was eminent, and subsequently received, we are attempting to meet with Brevard County on steps to incorporate this project into the county project and obtain funding through the state appropriation. 7. Transportation Impact Fee SR A1A Pedestrian Improvements You will recall the City of Indian Harbour Beach received transportation impact fees from Brevard County for various transportation projects in our community, including more than $163,000 for the design, engineering and construction of pedestrian improvements along SR A1A between Volunteer Way and Wallace Avenue here in our community. One such improvement was a response to citizen request for a proposed sidewalk on the west side of SR A1A between the commercial plaza north of our community and Pine Tree Drive. This proposed sidewalk was important to the resident due to the absence of a sidewalk on the west side of the roadway and the unwillingness of the Florida Department of Transportation to install a mid-block crossing at Martesia Way and SR A1A. Staff researched and determined there is a thirty feet (30 ) wide easement east of the Martesia Subdivision wall and the SR A1A right-of-way. In May I presented the concept of constructing this pedway to the Martesia Homeowners Association and sought their input. The easement was surveyed with stakes placed on the ground to show the limits of the easement. In late June I received correspondence from residents of the subdivision in opposition to the proposed pedway as they contend it is not needed, will impact their privacy with pedway users peering over the wall, cause the loss of palmettos as a buffer from the roadway and condominiums on the east side of the roadway, diminish property values, the propensity to increase crime, and other factors. I have met with these residents and informed them I will be meeting with Brevard County later this month to determine if the Impact Fee Agreement can be amended to re-direct these funds elsewhere in the community. Potential pedway projects, if approved to 7/21/16 4:05 PM

10 July 26, City Manager s Report Regular City Council Meeting relocate these funds, include a pedway in the medians of Cheyenne Drive and Wimico Drive, and the Yuma Drive sidewalk for safe routes to Ocean Breeze Elementary School. 8. SR A1A Resurfacing Project I have been advised by representatives of the Florida Department of Transportation the department has awarded the bid for the resurfacing of SR A1A to MASCI General Contractors, Inc. A notice to proceed is anticipated to be issued on 07/20/2016 and the vendor has up to 120 days lead-in time. a. Special Meetings NA b. Upcoming Events Summertime Fertilizer Ban to assist in the preservation of the Indian River Lagoon from stormwater runoff with nitrogen and phosphorous from fertilizers Space Coast League of Cities Meeting Ethics Training Florida League of Cities Legislative Policy Committee Meeting Florida League of Cities Annual Conference June 1 st September 30th Monday, August 8, 2016 at the Cocoa Beach Country Club 6:30 p.m.; 7:00 p.m. Monday, August 15, 2016 at Satellite Beach City 1:00 p.m. August 18, 2016, Diplomat Resort in Hollywood, Florida August 18-20, 2016, Diplomat Resort in Hollywood, Florida 7/21/16 4:05 PM

11 CAPITAL ASSET DISPOSALS APR JUN 2016 ASSET ID DESCRIPTION DEPT PURCHASE DATE DISPOSAL COUNCIL MEETING ORIGINAL COST AMOUNT ACCUMULATED DEPRECIATION BOOK VALUE Traffic Light Controller /12/10 10/20/15 10/13/15 7, , , Air Conditioner Unit # /05/09 04/25/16 04/26/16 3, , , Air Conditioner Unit # /24/09 06/16/16 06/28/16 5, , , COMMENT Council Approved Replacement Council Approved Emergency Replacment and Use of a Portion of Committed Funds for Council Chamber Air Conditioner Council Approved Replacement

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13 What is Adopt-A-Park? The primary purpose of this program is to assist city maintenance crews with assigned tasks and projects within a park in order to create a clean park environment for all to enjoy! Tasks may include trash pickup, limb or branch removal, graffiti reporting, weeding/raking playgrounds, sweeping shelters, cleaning picnic tables, mulching trees/shrubs, and reporting vandalism. Adopters can also help with special projects, such as graffiti cover-up, painting projects and planting flowers. Some projects and tasks are not available year-round and may be available only at specific parks. What are the Adopt-A-Park policies? 1. The Adopting organization commits to a one-year period of adoption with a minimum of four cleanups per year coordinated through the city. At the end of that year an organization can renew, change parks (if available) or terminate. 2. The Adopting organization commits to participate in the Keep Brevard Beautiful Trash Bash program, which constitutes one of the four cleanups of the park each year. 3. The City of Indian Harbour Beach will provide trash bags and will be responsible for collecting and disposing of the filled bags. 4. The Adopting organization will complete event notification forms and release of liability from each participant and submit the same to the city for each event. 5. The Adopting organization will complete a cleanup report form, provided by the city, following each cleanup 6. The City of Indian Harbour Beach will place a sign in the park crediting your organization for their assistance. 7. An Adopting organization may keep any and all proceeds from any material with recyclable value that is found. 8. The Adopting organization will report maintenance problems to the city, including, but not limited to large trash items, toxic or hazardous materials, large sharp metal objects, medical waste, and dead animals. 9. The city reserves the right to terminate the program with the Adopting organization. An adopting organization understands that they and/or the individual volunteers will not be paid or receive any other remuneration for services as a volunteer with the City. In addition, they understand that if there is an injury to a volunteer during the course and scope of the volunteer activities that their personal insurance is primary. Recommendations: es, stairs and other structures. activities, vandalism, and safety issues to the city. in right-of-way boundaries. LIMITATIONS: e city. s unless approved by approved by the city.

14 CITY OF INDIAN HARBOUR BEACH REGULAR COUNCIL MEETING TUESDAY, APRIL AMENDED JULY 26, 2016 The Regular Council Meeting was called to order at 7:04 p.m. by Mayor David Panicola with the following present: Mayor David Panicola Council Member Frank Guertin Council Member Scott Nickle Council Member James Nolan Absent: City Manager Mark Ryan City Attorney Karl Bohne Deborah Maliska, City Clerk Deputy Mayor Gene Newberry APPROVAL OF MINUTES It was the consensus of the Council to approve the minutes of the Regular Council Meeting, held April 12, 2016, REPORTS City Manager s Report Action Items: 1) Oars and Paddles Park Transfer Update City Manager gave a brief overview of where we were in regards to the transfer of Oars and Paddles Park to the City of Indian Harbour Beach. Brevard County has agreed to repair two buildings that have structural damage this may cost more than $100,000 or more and they have already repaired the seawall. It was the consensus of the Council to proceed with the transfer of ownership following corrective measures. 2) July 2016 Space Coast League of Cities Dinner City Manager reviewed what was required from the Eau Gallie Yacht Club for the Space Coast League of Cities Dinner which the City of Indian Harbour Beach is hosting Monday, July 11, It was the consensus of the Council to proceed with hosting the Space Coast League of Cities Dinner July 11, 2016 at the Eau Gallie Yacht Club.

15 REGULAR COUNCIL MEETING TUESDAY, APRIL 26, 2016 PAGE 2 Informational Items: 1) Banana River Drive Sidewalk Extension 2) 2016 Trash Bash 3) Bicentennial and Millennium Beach Park Restroom Construction 4) Atkins North America Muck Removal Assessment City Manager Ryan advised the Council the Police Department s air-conditioning unit went out of service and not able to be repaired on April 22, On April 12, 2016 City Council approved the expenditure of $25,000 for the replacement of the City Hall Council Chamber s air conditioning. Due to the emergency of this situation with the unit servicing the Police Department, City Manager Ryan made an executive decision authorizing the re-direction of the previous City Council approval to replace the unit servicing the Police Department, giving Public Works Director Scaldo the authorization to spend up to $25,000 for a replacement unit. City Attorney s Report There was none. Council Comments Council Member Guertin attended a meeting at the DeLaura Middle School. Public Comments Agenda Items Only None UNFINISHED BUSINESS None NEW BUSINESS 1) FIRST READING ON ORDINANCE NO AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES PROHIBITING THE FEEDING OF COYOTES ON PUBLIC PROPERTY AND PROVIDING ENFORCEMENT THROUGH CIVIL CITATIONS AND THE SPECIAL MAGISTRATE.

16 REGULAR COUNCIL MEETING TUESDAY, APRIL 26, 2016 PAGE 3 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF INDIAN HARBOUR BEACH, FLORIDA, RELATING TO ANIMALS; PROVIDING FOR FINDINGS; AMENDING CHAPTER 4, ANIMALS AND FOWL ; AMENDING ARTICLE I; BY ENACTING NEW SECTION 4-5, FEEDING OF WILD ANIMALS ; PROVIDING FOR FINDINGS AND INTENT; PROHIBITING THE FEEDING OF CERTAIN WILD ANIMALS IN PUBLIC PLACES; PROVIDING FOR PENALTIES AND PROCEDURES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. City Manager reviewed reasons for amending Chapter 4. One of the concerns was some citizens have been feeding coyotes that has generated a loss of fear of humans and the animals are looking to humans for food. City Attorney Bohne also reviewed how he created the ordinance amending Chapter 4. A motion was made by Council Member Nolan, seconded by Council Member Nickle to approve Ordinance No prohibiting the feeding of coyotes on public property and providing enforcement through civil citations and the Special Magistrate, on first reading. Discussion followed. Council Member Guertin suggested we look at beach parks to be included in the public areas. Council Member Nickle made the suggestion to expand it to private property. It also was suggested by Mayor Panicola to include bobcats and alligators. There being no further discussion, the Council voted unanimously to amend the original motion to approve Ordinance No on first reading with the inclusion of prohibiting the feeding of apex predators such as coyotes, bobcats, alligators on public property including beach parks and providing enforcement through civil citations and the Special Magistrate. 2) APPROVAL FOR ATLANTIC DEVELOPMENT OF COCOA TO REPLACE A FAILING DRAINAGE PIPE IN THE JAMESTOWN DEVELOPMENT ON PALM SPRINGS BLVD. A motion was made by Council Member Nickle, seconded by Council Member Guertin and voted unanimously to approve Atlantic Development of Cocoa (sole source) to replace a failing drainage pipe in the Jamestown Development upon clarification that the city is responsible to maintain it at a cost not to exceed $18,500.

17 REGULAR COUNCIL MEETING TUESDAY, APRIL 26, 2016 PAGE 4 3) APPROVE UTILIZING APPLIED ECOLOGY, INC. TO IMPLEMENT A CITYWIDE GIS ONLINE SYSTEM AND APPROVE A BUDGET AMENDMENT A motion was made by Council Member Nickle, seconded by Council Member Guertin and voted unanimously to retain Applied Ecology, Inc. to implement a GIS Online System and approve a budget amendment in the amount of $20,000. 4) APPROVAL TO UTILIZE A UNIVERSITY OF CENTRAL FLORIDA STUDENT INTERN FOR RE-WRITING MUNICIPAL POLICIES PUBLIC FORUM ADJOURN A motion was made by Council Member Guertin, seconded by Council Member Nickle and voted unanimously to approve the utilization of a University of Central Florida Student Intern for rewriting policies at a cost of $7,500. Bob Sharek, 522 Bay Circle, Indian Harbour Beach, spoke. Karen Colby, 1122 Pinetree Drive, Indian Harbour Beach, spoke. Norm Hayes, 103 Anona Place, Indian Harbour Beach, spoke. A motion was made by Council Member Nickle, seconded by Council Member Guertin and voted unanimously to adjourn the meeting at 7:45p.m. ATTEST: DAVID A. PANICOLA, MAYOR DEBORAH MALISKA, CITY CLERK

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22 City of Indian Harbour Beach Staff Report City Council Agenda Item Public Hearing and Second Reading of Ordinance No Calling for a Referendum Election to Amend the City Charter; Providing Six Ballot Questions Pertaining to: 1) The Civil Service Provisions, 2) Purchasing Requirements, 3) Certification of Municipal Elections, 4) Ordinance Adoption Procedures, 5) Height of Weeds and Grass Regulations, 6) Provide Alternative Candidate Qualifying Procedures. Meeting Date: July Staff Recommendation: Hold a Public Hearing and approve on second reading Ordinance No , calling for a referendum election to amend the City Charter; providing six ballot questions pertaining to: 1) the Civil Service provisions, 2) purchasing requirements, 3) certification of municipal elections, 4) ordinance adoption proceedures, 5) height of weeds and grass regulations, and 6) provide alternative candidate qualifying procedures. Background Information: At the May 24, 2106, City Council Meeting Staff received direction to develop an ordinance calling for a Referendum Election during the November General Election providing four ballot questions to amend the City s Charter. These amendments are outlined as follows: 1) A proposal to amend the City Charter to repeal the Civil Service provisions for Police Officers due to conflicts with state law. This amendment, if approved by the voters, would repeal Article XIII, Section 3 related to the civil service provisions. The City s Charter investigation powers of Police Officers appears to be preempted by state law and is in direct conflict with sections and , is unenforceable, and should not be used for any police officer investigation and the provisions of Chapter 112 must be utilized. 2) A proposal to amend the City Charter related to purchasing requirements. Currently the Charter provides that purchases in excess of $3,000 and not part of a public bid requires City Council approval. If approved by the voters, this amendment would change the purchasing components of the Charter to the

23 Category Two threshold as provided for in Section Florida Statutes, as amended from time to time. This amendment would retain the 4/5 vote of the City Council to sole source purchase goods and services in excess of this threshold. 3) A proposal to amend the City Charter related to the certification of municipal elections. The current Charter language conflicts with Florida law by requiring newly elected City Council Members to take office 3 days following the election and certifying the election results at that time. Again, this Charter provision conflicts with state law and is prior to the conclusion of overseas ballot deadlines. This initiative, if approved by the voters, provide the newly elected City Council Members will take office at the next City Council Meeting following the certification of the election by the Supervisor of Elections. 4) A proposal to amend the City Charter related to the adoption of municipal ordinances. If approved by the voters, this amendment would change the advertising requirements for public hearings for ordinances to conform to Florida law. The current provision of the Charter requires an advertisement fourteen (14) days prior to the public hearing, while Florida Statutes Chapter provides that the advertisement must be ten (10) days prior to the public hearing. The current provision requires the public hearing advertisement the day after the City Council reads the ordinance on first reading. If changes are made to the ordinance on first reading that requires changes to the advertisement, there is no opportunity to amend the advertisement prior to publication. Since that meeting, Staff has had discussions with the City Attorney to add a fifth ballot question removing conflicting requirements for the height of weeds and grass and a sixth question providing alternative candidate qualifying procedures in the City Charter. In reference to the fifth ballot question the City Charter provides that the height of weeds and grass cannot exceed four (4) inches in height, while the Code of Ordinances provides that the height of grass cannot exceed eight (8) inches in height. This proposal would eliminate the conflicting language in the Charter and provide the height of weeds and grass regulations would be contained in the Code of Ordinances. The sixth ballot question provides an alternative qualifying procedure for candidates for the City Council as allowed by Florida Statutes Chapter Ordinance No passed on first reading on July 12, Staff Recommendation: Staff recommends holding a public hearing and approving on second reading of Ordinance No calling for a referendum election to amend the City Charter; provding six ballot questions pertaining to: 1) the Civil Service provisions, 2) purchasing requirements, 3) certification of municipal elections, 4) ordinance adoption procedures, 5) height of weeds and grass regulations, 6) provide alternate candidate qualifying procedures.

24 ORDINANCE NO AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY FLORIDA; CALLING AND SCHEDULING AN ELECTION UPON AMENDMENTS TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statutes, provides that the governing body of a municipality may submit to the electors of that municipality proposed amendments to its Charter at a referendum election; and WHEREAS, The City Council has recommended that certain amendments be made to the City Charter which amendments appear as Exhibit A to this Ordinance; and WHEREAS, The City Council desires to submit the said amendments to the Charter for ratification by the electors of the City as six (6) separate ballot questions. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, as follows: Section 1. A referendum election is hereby called and scheduled to be held concurrent with the general election on the 8th day of November, 2016, to determine whether the amendments to the Charter appearing in Exhibit A shall be approved by a majority of the votes cast in such election in which the qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in a manner prescribed by law for all general elections. The place for voting in such referendum election shall be the usual place for voting in the City in the general election to be held on the 8th day of November, The polls shall be open at such voting place on the day of such referendum election during the hours specified by the general laws of the State of Florida. All duly qualified electors residing within the City shall be entitled to participate in and vote at such referendum election. Section 2. The ballots to be used at such referendum election shall contain a statement of the proposed subject matter of the amendments to the Charter and shall provide facilities for qualified electors to vote for or against such Charter Amendments in six (6) separate ballot questions. Said ballots shall be in substantially the following form:

25 Ballot City of Indian Harbour Beach, Florida Question 1. Amendment to the Charter relating to the Civil Service System for Police Officers Shall the Charter, Article XIII Section 3, be amended to repeal the Civil Service provision due to conflicts with state law? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 2. Amendment to the Charter relating to the process for awarding contracts through competitive bidding. Shall the Charter, Article XV Section 6 (B), be amended to make the process of awarding contracts through competitive bidding comparable to state law? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 3. Amendment to the Charter relating to the date newly elected Council Members take office. Shall the Charter, Article IV Section 3, be amended to provide that newly elected Council Members take office on the first regular Council meeting following the election certification? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

26 Question 4. Amendment to the Charter to provide the reading and advertising of Ordinances pursuant to Chapter 166 of the Florida Statutes. Shall the Charter, Article IV Section 12 (B), be amended to provide that ordinances be read and advertised pursuant to Chapter 166 of the Florida Statutes? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 5. Amendment to the Charter regarding the height of weeds and grass. Shall the Charter, Article III Section 3, be amended to remove provisions relating the height of weeds and grass and to provide for such height by ordinance? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 6. Amendment to the Charter regarding candidate qualifying. Shall the Charter, Article V Section 1, be amended to allow candidates for city council to pay the qualifying fee authorized by Florida Statutes to qualify to run for city council in lieu of obtaining signatures? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Section 3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Brevard County to include the above-described questions on the ballot for the general election to be held on the 8th day of November, 2016.

27 Section 4. Notice of the said referendum election in substantially the form showing in Exhibit B to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State of Florida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies of the proposed amendments to the Charter shall be kept on file in the office of the City Clerk for public inspection upon demand during normal business hours. Section 5. If the amendments to the City Charter described in Questions No. 1 through 6 hereinabove are approved by the electors of the City, such amendments shall take effect with the general election of the City scheduled in November, Section 6. This Ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, THIS 26 th DAY OF JULY, DAVID A. PANICOLA MAYOR ATTEST: GENE NEWBERRY DEPUTY MAYOR DEBORAH MALISKA, CMC CITY CLERK 1st READING: July 12, nd READING: July 26, 2016

28 EXHIBIT A City of Indian Harbour Beach Language of Proposed Charter Changes (In all cases, words crossed out with strike through are to be deleted and words underlined are to be added.) REFERENDUM QUESTION An amendment to the City Charter repealing Section 3 of Article XIII of the Charter due to conflicts with state law, Chapter 112 of the Florida Statutes. Sec Civil service system for police officers. (A) POWERS AND DUTIES OF CIVIL SERVICE BOARD. A Civil Service System for all regular full-time police officers employed by the City for one year or longer, exclusive of the Chief of Police, is hereby established. The Civil Service System shall be administered by a Civil Service Board, which Board shall have jurisdiction over the following functions: (1) Examination of prospective police officers. (2) Eligibility lists for hiring and promotion of police officers. (3) Appeals from actions of the Chief of Police or City Manager involving the suspension of police officers for more than five (5) days. (4) Appeals from actions of the Chief of Police or City Manager involving permanent reduction in rank of police officers or discharge of police officers. (5) Investigation of the police department or of any of its members upon receipt of a complaint from any citizen. (B) COMPOSITION OF CIVIL SERVICE BOARD. The Civil Service Board shall consist of five (5) voting members, four (4) of whom shall be appointed by the City Council, and one of whom shall be elected from those members of the police department having the rank of sergeant or below who are within the jurisdiction of the Civil Service System. The members of the Board who are appointed by the Council shall not be employed by the City in any capacity and shall not be members of any other board appointed by the City Council. The member of the Board who is elected by the police department shall be chosen by majority vote of those police officers who are within the jurisdiction of the Civil Service System at the time of such election. If the member so elected by the police department is himself the subject of an inquiry, investigation or action by the Civil Service Board or of disciplinary action by the Chief of Police, an alternate member shall be elected to serve for the duration of such inquiry, investigation or action. The Chief of Police, ex officio, shall serve as an advisory member of the Civil Service Board but shall have no vote in any matter considered by the Board.

29 The members of the Civil Service Board who first hold office pursuant to this Charter shall be elected or appointed as soon as feasible and practicable following adoption of this Charter. The term of office of two (2) of the appointed members of the initial Board and the elected member of the initial Board shall expire on June 30, Thereafter, the said elected member of the Board and the said appointed members of the Board shall serve for successive terms of two (2) years each, with such terms expiring June 30 of each even-numbered year. The remaining two (2) appointed members of the initial Board shall serve until June 30, 1981, and the successors to such members shall serve successive terms of two (2) years each expiring June 30 of each odd-numbered year thereafter. Any appointed member of the Board shall be subject to removal from the Board at any time by majority vote of the City Council. (C) CIVIL SERVICE RULES. The Civil Service Board shall recommend to the City Council rules of procedure for administering the functions under its jurisdiction. The said rules and the amendments thereto shall not become effective until adopted by majority vote of the City Council. The Board shall publish its rules and shall provide a copy of current rules to all members of the police department who are within its jurisdiction. (D) APPEALS FROM DISMISSALS, REDUCTIONS IN RANK, AND SUSPENSIONS OF MORE THAN FIVE (5) DAYS. (1) Notice of action. When the City Manager or the Chief of Police desires to dismiss a police officer, permanently reduce the rank of a police officer, or suspend a police officer for a period of more than five (5) days, the City Manager or the Chief of Police shall first serve such employee with a written notice of the dismissal, reduction in rank, or suspension. Such notice shall specify one or more reasons or grounds for the action together with such specifications of fact as shall enable the affected employee to present an explanation or defense. A copy of the said notice together with the employee's explanation, if any, shall be filed with the Civil Service Board. (2) Notice of appeal. Any employee under the jurisdiction of the Civil Service Board who has been served notice of a dismissal, permanent reduction in rank, or suspension as set forth in the preceding paragraph may appeal such action to the Civil Service Board. The appellant shall initiate such appeal by filing in writing with the Civil Service Board a notice of appeal within ten (10) calendar days after service of the notice of dismissal, reduction in rank, or suspension. (3) Appointment of complaint review board. Within seven (7) calendar days next following the said notice of appeal, the Civil Service Board shall arrange for the appointment of a Complaint Review Board pursuant to the requirements of Florida Statutes Section (2) (1977). Within the said seven (7) day period, the Civil Service Board shall advise the Chief of Police and the appellant that they may each select one (1) member of the Complaint Review Board. Within five (5) calendar days thereafter the Chief of Police and the appellant shall advise the Civil Service Board of their

30 selections. The two (2) members of the Complaint Review Board thus selected shall select the third member of the Complaint Review Board within ten (10) calendar days next following their selection, and shall advise the Civil Service Board of such selection. The third member so selected shall act as Chairman. In the event that any of the three (3) members of the Complaint Review Board are not selected within the prescribed time, the Civil Service Board shall, by majority vote, make an appointment to fill such vacancy. The Complaint Review Board members so selected by the Civil Service Board shall be law enforcement officers selected from any state, county or municipal law enforcement agency within Brevard County other than the City of Indian Harbour Beach. (4) Notice of hearing. The chairman of the Complaint Review Board shall, within ten (10) days of his selection, notify the appellant and the Chief of Police of the date and time of an administrative hearing to be held on the said appeal. The said hearing shall be held not less than fifteen (15) nor more than thirty (30) days from the date of the notice of hearing. The said hearing shall be open to the public unless the appellant upon filing his notice of appeal requests in writing that such hearing be closed. (5) Appeal proceedings. The Complaint Review Board shall hear the evidence upon the charges and specifications as filed with it by the Chief of Police or the City Manager. No material amendments of, or additions to, the said charges or specifications will be considered by the Board. The proceedings of the hearing shall be as informal as is compatible with the requirements of justice. All testimony before the Complaint Review Board shall be under oath, and the chairman of the Board, or his designee, shall administer all oaths. Any willful false swearing on the part of any witness or person giving evidence before the Complaint Review Board shall be deemed to be perjury and shall be punishable in the manner prescribed by law for such offense. In the said hearing the chairman of the Complaint Review Board shall state the general purpose of the hearing and shall read the charges and specifications into the record. The Chief of Police or the City Manager shall present his evidence in support of the charges, and the appellant shall then produce such evidence as he may wish to offer in his defense. The parties may then offer rebuttal evidence in the same sequence. The Complaint Review Board, at its discretion, may hear closing arguments following the presentation of all evidence. The admission of evidence shall be governed by the rules applied by the courts of the State of Florida in civil cases. The Complaint Review Board and the Civil Service Board shall have the power to subpoena and require the attendance of witnesses and the production of pertinent documents. (6) Decision on appeal. The Complaint Review Board shall, within fourteen (14) calendar days next following the said hearing, file its written findings of fact with the chairman of the Civil Service Board. The decision of the Complaint Review Board shall be limited to findings of fact as to whether the appellant is guilty or not guilty of each

31 specification set forth by the Chief of Police or the City Manager as the reason for the action which was the subject of the appeal. The decision of the Complaint Review Board shall be binding upon the City. If the appellant is found not guilty with respect to all the specifications and charges he shall be reinstated with the police department with full pay retroactive to the date of the notice of action. If the appellant is found guilty with respect to one or more of the specifications and charges, the original penalty imposed by the Chief of Police or the City Manager shall not be affected, overruled or modified. (7) Failure to appear at hearing. If the appellant shall fail to appear, for no good reason, at the time fixed for the hearing, the Complaint Review Board shall hear the evidence and make its findings thereon. If the Chief of Police or the City Manager shall fail to appear at the time fixed for the hearing, and if no evidence be offered in support of his charge or charges, the Complaint Review Board may render judgment as by default or may hear evidence offered by the appellant and render judgment thereon. (8) Resignation pending appeal. The acceptance by the Chief of Police of the resignation of the appellant prior to the filing of the findings of fact by the Complaint Review Board will be considered a withdrawal of both the appeal and the charges and specifications. The separation of the appellant shall, in such event, be documented as a resignation, and all appeal proceedings shall be dismissed without judgment. Any permanent employee who is dismissed for misconduct or who resigns while charges are pending shall not be eligible for re-employment in the Police Department. (E) INITIATION OF ACTION BY CIVIL SERVICE BOARD. The Civil Service Board may receive citizen complaints concerning the Police Department and may initiate any investigation of the Police Department or any of its members by a majority vote to conduct such investigation. In any such investigation, the Civil Service Board shall itself have the power to subpoena and require the attendance of witnesses and the production of documents, and in any such investigation, all testimony shall be taken under oath. Any willful false swearing on the part of any witness or person giving evidence before the Civil Service Board as part of such investigation shall be deemed to be perjury and shall be punishable in a manner provided by law for such offense. In the event that the Civil Service Board determines by majority vote that probable cause exists for disciplinary action against any member of the police department other than the Chief of Police, the Board shall prepare a written statement of the reasons and grounds for such action and shall submit such statement to the Chief of Police and to the City Manager. If the Chief of Police or the City Manager, in response to the said action of the Civil Service Board, dismisses the subject employee, permanently reduces him in rank or suspends him for a period of more than five (5) days, the affected employee shall have the right of appeal pursuant to Subsection (D) of this Section. In the event that the Civil Service Board determines by majority vote that probable cause exists for disciplinary action against the Chief of Police, the Board shall

32 prepare a written statement of such facts as will enable the City Manager to evaluate the complaints and charges against the Chief of Police. The City Manager shall then have the opportunity to take such disciplinary action against the Chief of Police as he may deem appropriate pursuant to the authority granted him in Section 1 of this Article and Article VI of this Charter. In the event that the Chief of Police or the City Manager fails to respond to the findings of the Civil Service Board with respect to an employee other than the Chief of Police, or in the event that the City Manager fails to respond to the findings of the Civil Service Board with respect to the Chief of Police, the Chairman of the Civil Service Board shall, upon a four-fifths (4/5) majority vote, take further action by serving the affected employee or the Chief of Police with written notice of the allegations and specifications against him, stating such facts as will enable the person subject to such action to present his explanation in defense of the allegations. A hearing by the Civil Service Board shall then be scheduled by the Chairman of the Board, with notices delivered and the hearing conducted within the time limits and according to the procedures set forth in Subsection (D) hereinabove. The Civil Service Board shall, within fourteen (14) days next after completion of said hearing, prepare a written statement of findings of fact and shall submit the same to the City Council. The City Council may take such action as it deems appropriate upon the findings of the Civil Service Board. REFERENDUM QUESTION An amendment to the City Charter Article XV Section 6 (B) is proposed to make Article XV Section 6 (B) comparable with state law, Chapter 287 of the Florida Statutes, to read as follows: Sec Prohibitions. (B) Competitive bidding. No contract shall be let by the City for any City improvement nor shall any goods, supplies or materials be purchased by the City Manager or his appointed Purchasing Agent, for City purposes or use, when the total amount to be paid therefor by the City shall exceed Three Thousand Dollars ($3,000.00) the Category Two threshold as provided for in Section Florida Statutes, as amended from time to time, unless notice thereof shall have first been advertised once a week for at least two (2) weeks, with at least seven (7) days between advertisements, in a newspaper of general circulation in the City of Indian Harbour Beach, calling for bids upon the work to be performed or the goods, supplies or materials to be purchased by the City. All such contracts shall be awarded to, and all such purchases shall be made from, the lowest and best bidder as determined by the Council, provided, however, that the City Manager with the approval of the Council, shall have the power to reject any or all bids and to advertise again.

33 For improvements or purchases costing in excess of Three Thousand Dollars ($3,000.00) the Category Two threshold as provided for in Section , as amended from time to time, the Council, by a four-fifths (4/5) vote, may provide for a sole-source acquisition and waive these requirements for competitive bidding. REFERENDUM QUESTION An amendment to the City Charter Article IV Section 3 is proposed to provide that newly elected council members will take office on the first regular City Council Meeting following the election certification by the Brevard County Supervisor of Elections, to read as follows: Sec Terms of office. Council members shall take office at the first City Council Meeting following the election certification by the Brevard County Supervisor of Elections a meeting to be held within three (3) days of the date of their election, as hereafter provided. They shall hold office for a term of three (3) years, or until their successors are elected and qualified. REFERENDUM QUESTION An amendment to the City Charter Article IV Section 12 (B) is proposed to provide that proposed ordinances of the City will be read and advertised in accordance with Chapter 166 of the Florida Statutes: Sec Subject of ordinances and resolutions. (B) Proposed ordinances shall be read by title only at the first and second readings of such proposed ordinance in full on first reading. Proposed ordinances may be read in full or by title on second reading. Each proposed ordinance shall be read on at least two (2) separate days, and shall, at least fourteen (14) days prior to adoption, be noticed once in a newspaper of local circulation. The notice of the proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances and the places within the City where such proposed ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinances shall be advertised for a public hearing in accordance with Chapter 166 of the Florid a Statutes..

34 REFERENDUM QUESTION An amendment to the City Charter Article III Section 3 is proposed to remove the provision relating to the height of weeds and grass from the Charter and to provide for such height by ordinance to read as follows: Sec [Offensive conditions.] The presence of garbage, refuse, surface closets, dead animals, trash, waste and unused lumber or other waste material, sawdust or debris of any kind, weeds, or high grass produces and harbors mosquitoes and dangerous reptiles, increases the danger of fires and the spread thereof, and produces unpleasant odors, stenches, smells and is otherwise dangerous to the health, comfort, convenience and general welfare, and the existence of any such condition is hereby declared to be a nuisance. The Council shall have the power and authority to abate such nuisance by requiring the owner of any property to remove therefrom all such garbage, refuse, surface closets, dead animals, trash, waste or other unused lumber, or other waste material, sawdust or debris of any kind, and to cut to a height of not more than four (4) inches from the ground all weeds or grass, and to remove same from said lands as provided by Ordinance. REFERENDUM QUESTION An amendment to the City Charter Article V Section 1 to allow candidates for city council to pay a qualifying fee provided by Florida Statutes to qualify to run for city council in lieu of obtaining signatures to read as follows: Sec Qualifying of candidates for office of city council. A. Any elector of the City of Indian Harbour Beach, having the qualifications herein provided for city council members, and desiring to be a candidate for election as a city council member, shall file with the city clerk a qualifying statement in substantially the following form with the signatures of at least one (1) percent of the qualified voters, as certified for the last general election. "I am a candidate for a seat on the city council in the election of and I agree to serve if I am elected. I am a qualified voter in the State of Florida and have resided in the State of Florida and I have resided in the City of Indian Harbour Beach, or in an area which has been annexed by the City of Indian Harbour Beach, for at least one (1) year immediately preceding my qualifications herein." Signature of Candidate

35 The city clerk shall have qualifying forms available for completion by any candidate who may request such a form. Such qualifying statements shall be filed during the qualifying period as established from time to time in the City Code of Ordinances. B. In lieu of the signature requirement in subsection A above, a candidate for the office of city council may pay a qualifying fee as provided by Florida Statute, Section , as amended from time to time with the submittal of a qualifying statement. Exhibit B NOTICE OF REFERENDUM ELECTION CITY OF INDIAN HARBOUR BEACH, FLORIDA Public notice is hereby given that on November 8th, 2016, the issue of whether the City of Indian Harbour beach shall adopt amendments to its City Charter will be submitted to the qualified electors of the City of Indian Harbour beach and will appear on the same election ballot as a referendum on that date as four separate ballot questions. The City Council of the City of Indian Harbour beach has adopted an ordinance calling the said election and has stated the following reasons for the adoption of the proposed amendments to the Charter: AS TO QUESTION 1: Shall the Charter, Article XIII Section 3, be amended to repeal the Civil Service provision due to conflicts with state law? AS TO QUESTION 2: Shall the Charter, Article XV Section 6 (B), be amended to make the process of awarding contracts through competitive bidding comparable to state law? AS TO QUESTION 3: Shall the Charter, Article IV Section 3, be amended to provide that newly elected Council Members take office on the first regular Council meeting following the election certification? AS TO QUESTION 4: Shall the Charter, Article IV Section 12 (B), be amended to provide that ordinances be read and advertised pursuant to Chapter 166 of the Florida Statutes?

36 AS TO QUESTION 5: Shall the Charter, Article III Section 3, be amended to remove provisions relating the height of weeds and grass and to provide for such height by ordinance? AS TO QUESTION 6 Shall the Charter, Article V Section 1, be amended to allow candidates for city council to pay the fee authorized by Florida Statutes to qualify to run for city council in lieu of obtaining signatures? The places of voting shall be the usual places of voting in the City of Indian Harbour beach during the general election scheduled on November 8, 2016 and the polls shall be open from 7:00 a.m. to 7:00 p.m. on the said date. All duly qualified electors residing within the City of Indian Harbour beach shall be entitled to participate and vote in said referendum election. The ballot containing the questions to be so submitted to the electors shall be in substantially the following form: Ballot City of Indian Harbour beach, Florida Question 1. Amendment to the Charter relating to the Civil Service System for Police Officers Shall the Charter, Article XIII Section 3, be amended to repeal the Civil Service provision due to conflicts with state law? Yes No

37 Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 2. Amendment to the Charter relating to the process for awarding contracts through competitive bidding. Shall the Charter, Article XV Section 6 (B), be amended to make the process of awarding contracts through competitive bidding comparable to state law? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 3. Amendment to the Charter relating to the date newly elected Council Members take office. Shall the Charter, Article IV Section 3, be amended to provide that newly elected Council Members take office on the first regular Council meeting following the election certification? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 4. Amendment to the Charter to provide the reading and advertising of Ordinances pursuant to Chapter 166 of the Florida Statutes. Shall the Charter, Article IV Section 12 (B), be amended to provide that ordinances be read and advertised pursuant to Chapter 166 of the Florida Statutes? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you

38 are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 5. Amendment to the Charter regarding the height of weeds and grass. Shall the Charter, Article III Section 3, be amended to remove provisions relating the height of weeds and grass and to provide for such height by ordinance? Yes No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Question 6. Amendment to the Charter regarding candidate qualifying. Shall the Charter, Article V Section 1, be amended to allow candidates for city council to pay the qualifying fee provided by Florida Statutes to qualify to run for city council in lieu of obtaining signatures? Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO". Yes No

39 City of Indian Harbour Beach Staff Report City Council Agenda Item Authorization to Execute the State of Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement Meeting Date: July 26, 2016 Staff Recommendation: Authorize the City Manager to Execute the State of Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement Background Information: Included in this agenda is a copy of the proposed Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation for traffic signals along state highways within our community. This agreement covers the period of July 1, 2016 through June 30, 2017 for the following six traffic signals. Staff Recommendation: SR 513 and Yacht Club Boulevard SR 513 and CR 3 (Banana River Drive) SR 513 and Tradewinds Drive/Tomahawk Drive SR 513 and Desoto Parkway/Lansing Island Drive SR A1A and Palm Springs Boulevard SR A1A and Pine Tree Drive Staff requests authorization for the City Manager to execute this agreement on behalf of the City of Indian Harbour Beach.

40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT CONTRACT NO. ARY99 FINANCIAL PROJECT NO F.E.I.D. NO. F AMENDMENT NO. 1 THIS AMENDMENT TO THE TRAFFIC SIGNAL AND MAINTENANCE AGREEMENT ( Amendment ) is made and entered into on this day of, 2016, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ( Department ), an agency of the State of Florida, and the CITY OF INDIAN HARBOUR BEACH, ( Maintaining Agency ). RECITALS WHEREAS, the Department and the Maintaining Agency on SEPTEMBER 15, 2015 entered into a Traffic Signal Maintenance and Compensation Agreement ( Agreement ). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: All the terms and conditions of the Agreement are superseded and replaced in their entirety by the terms and conditions contained in Attachment 1, Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement, attached to and incorporated into this Amendment. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the day, month and year set forth above. CITY OF INDIAN HARBOUR BEACH, Florida (Maintaining Agency) By (Authorized Signature) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By (Authorized Signature) Print/Type Name: Print/Type Name: Alan E. Hyman, P.E. _. Title: Title: Director of Transportation Operations _. Legal Review: Attorney: Date:

41 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Page 1 of 6 CONTRACT NO. ARY99 FINANCIAL PROJECT NO F.E.I.D. NO. F The following terms and conditions replace and supersede all the existing terms and conditions contained within the Traffic Signal and Maintenance Agreement: A. The Department is authorized under Section , Florida Statutes, to enter into this Agreement. B. The Maintaining Agency is authorized under Statutory Authority to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant as follows: 1. The term Traffic Signals and Devices is defined as follows: all traffic signals, interconnected and monitored traffic signals ( IMTS ) (defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software, preemption devices, and uninterruptible power supplies ( UPS )), control devices (defined as intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)), blank-out signs, travel time detectors, emergency/fire department signals, speed activated warning displays, and other types of traffic signals and devices specifically identified within Exhibit A, which are located on the State Highway System within the jurisdictional boundaries of the Maintaining Agency. The Maintaining Agency shall be responsible for the maintenance and continuous operation of Traffic Signals and Devices ( Project ). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of Traffic Signals and Devices upon completion of installation of each of the Traffic Signals and Devices. 2. The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department s fiscal year. The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A, which is attached and incorporated into this Agreement. Compensation will also be made for costs incurred for the repair and/or replacement of damaged Traffic Signals and Devices as identified in Exhibit C, attached and incorporated into this Agreement. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. If Traffic Signals and Devices are damaged and the Maintaining Agency did not cause the damages, then the Department shall reimburse the Maintaining Agency for the actual costs incurred by the Maintaining Agency for repairs and/or replacement of Traffic Signals and Devices, once the following occurs: a. The Department has approved a properly completed invoice for reimbursement that was provided to the Department outlining the details of the requested reimbursements; and b. Evidence of the costs incurred were included as an attachment to the invoice. Exhibit C sets forth additional conditions that apply when the Maintaining Agency seeks to obtain reimbursement for costs incurred for repair and/or replacement of damaged Traffic Signals and Devices. Exhibit C also serves as a form invoice that can be used by the Maintaining Agency. The Maintaining Agency shall obtain written approval from the Department regarding the appropriate method of repair and/or replacement of damaged Traffic Signals and Devices prior to performing repair and/or replacement work. If there is an immediate risk to public safety due to damaged Traffic Signals and Devices and the Maintaining Agency is unable to immediately obtain the Department s written approval regarding the method of repair and/or replacement, then the Maintaining Agency shall immediately repair and/or replace the Traffic Signals and Devices. The Maintaining Agency shall notify the Department within thirty (30) calendar days of becoming aware of any damage to Traffic Signals and Devices caused by third parties. The Department shall be responsible for pursuing reimbursement from individuals and/or the third parties

42 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Page 2 of 6 who cause damages and are liable for replacement and/or repair costs to Traffic Signals and Devices. If the Maintaining Agency causes damages to the Traffic Signals and Devices, then the Maintaining Agency shall repair and/or replace the Traffic Signals and Devices, and the Maintaining Agency shall be fully responsible for the cost of repair and/or replacement to the extent the damages were caused by the Maintaining Agency. 4. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. 5. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic inspection, service, and routine repairs), restoration of services, and emergency maintenance (troubleshooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles and/or signals, stop signs or other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log, as they occur, and include this as part of the annual report, highlighting the time it took to restore the normal service and number of times such events occurred. 6. Neither the Maintaining Agency nor the Department shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by a Force Majeure Event and provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. A Force Majeure Event means the occurrence of: (a) an act of war, hostilities, invasion, act of foreign enemies, riot, terrorism or civil disorder; (b) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, hurricanes, storms, lightning, tornados, tidal waves, floods, extreme weather or environmental conditions, and other natural calamities); (c) or another event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence. 7. The Department intends to conduct a structural inspection of the mast arm structures every sixty (60) months. The inspection report will serve as ninety (90) days notification to the Maintaining Agency that deficiencies exist that require preventive maintenance. Preventive maintenance of the mast arm structures includes, but is not limited to, spot painting, cleaning, all wiring repair and replacement, graffiti removal, all signal related issues (including lighting, signs and connections), tightening of nuts, replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, repairing improper grounding, and repainting any painted mast arms installed after April 30, If the preventive maintenance is not carried out after the expiration of the 90-day notice given to the Maintaining Agency, the Department shall withhold 8.33% up to a maximum of 25% of the total annual compensation amount under this Agreement for the affected signal locations each month. 8. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of their useful life cycle will be replaced by the Department so long as documented preventive maintenance was satisfactorily performed by the Maintaining Agency. In the case of a total paint failure, as determined by the Department, on a mast arm installed prior to April 30, 2015, the Department may repaint or replace with a galvanized mast arm. The aforementioned requirement does not apply to any mast arm that was installed under a separate mast arm paint finish agreement; in such case, the terms of that agreement shall govern. 9. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 10. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re-timing projects, and the Department s Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the Department upon request.

43 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Page 3 of The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 12. The Maintaining Agency and the Department shall update Exhibit A on an annual basis through an amendment of this Agreement. The Maintaining Agency designates as its authorized representative(s), who is delegated the authority to execute any and all amendments to Exhibit A of this Agreement on behalf of the Maintaining Agency. Exhibit A contains a list of Traffic Signals and Devices that identifies their location and type. No changes or modifications may be made to Exhibit A during the Department s fiscal year for compensation. Traffic Signals and Devices added by the Department during its fiscal year must be maintained and operated by the Maintaining Agency upon the Department s final acceptance of installation of the new Traffic Signals and Devices. The Maintaining Agency and the Department shall amend Exhibit A prior to the start of each new fiscal year of the Department to reflect the addition or removal of Traffic Signals and Devices. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices that were added to Exhibit A by amendment of this Agreement in the Department s fiscal year occurring after the Traffic Signals and Devices are installed and final acceptance of such installation is given by the Department. In the event that no change has been made to the previous year s Exhibit A, a certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit A in the Department s previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. Some of the Traffic Signals and Devices may not be listed in Exhibit A because the cost of operating and maintaining such devices is relatively small. The Department has factored in these costs and the compensation provided through this Agreement also covers the cost of operation and maintenance for Traffic Signals and Devices that are not listed in Exhibit A. 13. Payment will be made in accordance with Section , Florida Statutes. 14. There shall be no reimbursement for travel expenses under this Agreement. 15. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 16. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 17. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 18. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five (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 Maintaining Agency's general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 20. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Maintaining Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 21. The Maintaining Agency must submit the final invoice on the Project to the Department within 120 days after termination of the Agreement. Invoices submitted after the 120-day time period may not be paid. 22. In the event this contract is for services in excess of $25, and a term for a period of more than one (1) year, the provisions of Section (6)(a), F.S., are hereby incorporated:

44 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Page 4 of 6 "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 such 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, and which have a term for a period of more than 1 year." 23. The Department s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Maintaining Agency, in writing, when funds are available. 24. In accordance with Section , Florida Statutes, 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, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section , Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 26. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Maintaining Agency. 27. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 28. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 29. The Maintaining Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 30. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment, suspend funds, or terminate funds for any deficient maintenance of Traffic Signals and Devices that has not been corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any deduction in payment, suspension of funds, or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 31. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of its responsibilities under the Agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: a. Critical Detection device malfunctions: Critical Detection devices include the detectors on side-streets and in left turn lanes on the main streets, and all pedestrian/bicycle detectors. Repairs to the side-street and main street left turn detectors shall be made within ninety (90) days and pedestrian detectors within seventy-two (72) hours of discovery. The Maintaining Agency shall ensure that 90% of all Critical Detection devices system wide are operating at all times. At any time the level drops below 90%, the Maintaining Agency shall notify the Department and correct the situation within a time frame determined in the sole discretion of the Department. Discovery and correction dates for Critical

45 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Page 5 of 6 b. Detection device malfunction shall be logged into the annual report. If the repairs cannot be performed within stipulated times, the agency shall document the reason(s) why in the annual report. When the 90% Critical Detection device requirement is (are) not met, a 10% retainage of the total annual compensation amount (as shown in Exhibit B) for the affected Critical Detection device location(s) each month will be withheld after the 90-day period. c. Traffic signal preventive maintenance inspections: Traffic signals shall receive a comprehensive preventive maintenance inspection on at least 50% of all traffic signals annually, alternating the remaining 50% the following year. Preventive maintenance inspection shall include verification that all detection is working, the traffic signal is cycling properly, the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one (1) conflict monitor test shall be performed on 50% of traffic signals annually, alternating the remaining 50% the following year. Each test is to be documented and included in the annual report to the Department. The inspection report shall note the location, date of inspection, and any items noted. If 50% of the traffic signals do not receive at least one (1) comprehensive preventive maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual compensation amount for the affected traffic signal locations until the preventive maintenance inspection is made. If not performed within the state s fiscal year, the 20% retainage of the annual compensation amount for the affected traffic signal locations will be forfeited. d. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s) and title(s) of those monitoring those intersections, and the location of the central monitoring facility(ies), are to be documented and contained in the annual report submitted to the Department. 32. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of Traffic Signals and Devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 33. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without prior written consent of the Department. 34. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement. 35. At no additional cost to the Department, the Maintaining Agency shall provide the Department access to all traffic signal data available from the firmware of the traffic signal controllers and other devices covered under this Agreement. The Maintaining Agency shall include the Department as a party to all traffic signal firmware/software related agreements that the Maintaining Agency enters into with other parties. 36. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 37. In no event shall the making by the Department of any payment to the Maintaining 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 Maintaining 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. 38. The term of this Agreement is twenty (20) years from the date of execution of the Agreement; provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department s fiscal year shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. 39. Any Project funds made available by the Department which are determined by the Department to have been expended in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Maintaining Agency files shall not constitute a waiver of the Department s rights and Department has the right to verify all information at a

46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Page 6 of 6 later date by audit or investigation. Within thirty (30) days of the termination of this Agreement, the Maintaining Agency shall refund to the Department any balance of unobligated funds which were advanced or paid to the Maintaining Agency. In the event the Maintaining Agency fails to perform or honor the requirements and provisions this Agreement, the Maintaining Agency shall return funds in accordance with this paragraph within thirty (30) days of termination of the Agreement. 40. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except any specific separate Agreements covering painted mast arm maintenance or any other aspect related to the painting of mast arms. 41. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency s obligation under this Agreement. The remaining intersections and corridors would continue to be covered under this Agreement. The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical intersections. 42. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. 43. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 44. The Maintaining Agency shall: a. utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of all new employees hired by the Maintaining Agency during the term of the Agreement; and b. expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement 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 Agreement term. 45. Unless authorized by law and agreed to in writing by the Department, the Department will not be liable to pay attorney fees, interest, or cost of collection. 46. The Parties agree to comply with s (5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s (5), Florida Statutes. 47. Exhibits A, B, and C are attached and incorporated into this Agreement. 48. This Agreement contains all the terms and conditions agreed upon by the parties.

47 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Exhibit A Page 1 of 1 Reimbursement for Maintenance and Operation Compensation for Maintaining Traffic Signals and Devices for FY Effective Date: from to Intersection Location Traffic Signals (TS) Traffic Signal - Interconnected & monitored (IMTS) Intersection Control Beacon (ICB) Pedestrian Flashing Beacon (PFB) Emergency Fire Dept. Signal (FDS) Exhibit A Speed Activated Warning Display (SAWD) or Blank Out Sign (BOS) Traffic Warning Beacon (TWB) Travel Time Detector Uninterruptible Power Supplies (UPS) Compensation Amount (using Unit Rates from Exhibit B) SEE ATTACHED EXHIBIT A *Amount paid shall be the Total Lump Sum (minus any retainage or forfeiture). Total Lump Sum Amount* I certify that the above Traffic Signals and Devices will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum (minus any retainage or forfeiture) of $. Maintaining Agency Date District Traffic Operations Engineer Date

48 State of Florida Department of Transportation TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT A Compensation for Maintaining Traffic Signals and all other Devices for FY 16/17 Effective Date: July 1, 2016 To: June 30, 2017 Maintaining Agency: City of Indian Harbour Beach Section MP SR No. Intersection Agency Conf. fy 16/ Yacht Club Blvd. Indian Harb. Bch TS $3, CR 3 (Banana River Dr.) Indian Harb. Bch TS $3, Tradewinds Dr./Tomahawk Dr. Indian Harb. Bch TS $3, Desoto Pkwy./Lansing Island Dr. Indian Harb. Bch TS $3, A1A Palm Springs Blvd. Indian Harb. Bch TS $3, A1A Pine Tree Dr. Indian Harb. Bch TS $3, * Amount paid shall be the Total Lump Sum (minus any retainage or forfeiture). Total Lump Sum*: $18, I certify that the above Traffic Signals and Devices will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum (minus any retainage or forfeiture) of: $18, Maintaining Agency Date District Traffic Operations Engineer Date 7/7/ of 1 Indian Harbour Bch.

49 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Exhibit B Page 1 of 2 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION FOR MAINTENANCE AND OPERATION For the satisfactory completion of all services related to maintenance and operation detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year , for traffic signals that are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, The Table below shows the compensation amount for the various devices for fiscal years and , and beyond. Total Lump Sum (minus any retainage or forfeiture) Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System Speed Activate d Traffic Signal Warning - Intersecti Pedestria Emergen Display Interconnect on n cy Fire (SAWD) Traffic ed & Control Flashing Dept. or Blank Signal monitored Beacon Beacon Signal Out Sign s (TS) (IMTS) (ICB) (PFB) (FDS) (BOS) Traffic Warni ng Beaco n (TWB) Travel Time Detect or Uninterrupti ble Power Supplies (UPS) FY $ 15* 2,951 $738 $295 $738 $148 $ , , ,131 4, , Based on the Consumer Price Index (CPI), the compensation amounts will be revised upwards Based on the CPI, the compensation amounts will be revised upwards Based on the CPI, the compensation amounts will be revised upwards. *Compensation pro-rata based on intersection approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year s compensation. 3.0 COMPENSATION FOR REPAIR AND/OR REPLACEMENT OF DAMAGED TRAFFIC SIGNALS AND DEVICES For the satisfactory completion of all services related to repair and/or replacement of damaged Traffic Signals and Devices detailed in this Agreement, the Department will pay the Maintaining Agency a Lump Sum amount of the actual costs incurred for the replacement and/or repair of the damaged Traffic Signals and Devices as set forth in the invoice submitted to the Department. The invoice for the costs incurred for the replacement and/or repair of

50 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Exhibit B Page 2 of 2 damaged Traffic Signals and Devices shall contain the information required in Exhibit C and any other additional information requested by the Department to justify the costs incurred. The reimbursement amount is subject to approval by the Department. 4.0 PAYMENT PROCESSING For regular maintenance costs, the Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 30 th of each year. For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, For costs incurred for repair and/or replacement of damaged Traffic Signals and Devices, applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Maintaining Agency shall submit invoices for repair and/or replacement costs due to damaged Traffic Signals and Devices at least on an annual basis but the Maintaining Agency may also submit such invoices to the Department on a quarterly basis.

51 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 06/16 Exhibit C Page 1 of 1 EXHIBIT C Reimbursement for Replacement and/or Repair of Damaged Traffic Signals and Devices The Department will reimburse the Maintaining Agency a Lump Sum amount for costs incurred for the replacement and/or repair of Traffic Signals and Devices damaged as a result of third parties or as a result of other causes that were not caused by the Maintaining Agency. The Maintaining Agency is not required to provide a police report in situations where damage is caused to Traffic Signals and Devices by a Force Majeure Event or as a result of other causes beyond the control of the Maintaining Agency that do not necessarily prevent performance, which includes but is not limited to: storms, winds, lightning, flooding and other natural and weather related causes. The Maintaining Agency must provide a police report in all situations where a traffic accident, theft, or vandalism causes damage to Traffic Signals and Devices to the extent the Maintaining Agency has the ability and opportunity to obtain a police report. Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The following information shall be provided by the Maintaining Agency to be eligible for the reimbursement payment: Date and Time of Accident/Incident: Location of Accident/Incident: Provide Police Report (if applicable) and the Following Information: 1. Attach pictures of damaged traffic signals and devices. 2. Attach invoices or receipt of equipment purchased to replace damaged components. 3. Attach detailed documentation of labor costs associated with replacing and/or repairing damaged components, including dates of performance and completion of the work. Contract No.: Project No.: Total Lump Sum Reimbursement Amount $ The Maintaining Agency hereby certifies that it has replaced and repaired all the Traffic Signals and Devices at the location or signalized intersection referenced above. Henceforth, this document is the Maintaining Agency s request for reimbursement to the Department for the services of restoring the Traffic Signals and Devices to their original operating condition. The Parties agree to the Total Lump Sum Reimbursement Amount set forth above. Maintaining Agency Date District Traffic Operations Engineer Date

52 City of Indian Harbour Beach Staff Report City Council Agenda Item Request for Setting the Proposed Tentative Operating Millage Rate Meeting Date: July 26, 2016 Staff Recommendation: Request for setting the proposed tentative Operating Millage Rate at a rate no less than mils Background Information: The City Manager s Proposed General Fund Budget for FY is balanced at a millage rate of that is 4.0% above the rolled back rate (revenue neutral) of mils. This proposed tentative Operating Millage Rate yields an estimated increase of $161,621 in additional net property tax revenue to fund recurring expenses. The proposed tentative millage rate is a decrease from the current millage rate of 2.31%. In accordance with Florida Statutes , the final adopted millage rate may be lower; however, it may not be higher than the proposed tentative millage rate you set at this meeting. Therefore, I must point out that if you are inclined to add additional expenses during the next six weeks of budget deliberations you may wish to set the tentative millage rate at the current rate of mils. Adopting the current millage rate yields approximately $251,221 in additional property tax revenue from the prior year ad valorem tax revenue. Staff Recommendation: Staff requests the setting of the proposed tentative Operating Millage Rate at a rate no less than mils.