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Home My WebLink About04252001 HOME OF' PEUCAN ISLAND SEBASTIAN CITY COUNC;IL AGENDA REGULAR MEETING WEDNESDAY, APRIL 25, 2001 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE Of= THE CITY CLERK - '/225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SIL~ENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS. (ADDITIONS AND/OR DELETIONS_). Item, s not on the written agenda may be added only upon a majority vote of City Council members (R.99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS Ol ,lO6 A. Presentation of Certificates of Appreciation to 75th Anniversary Committee Members 01,107 B, Presentation of Certificates of Appreciation to Riverfront CDBG Citizens Advisory Task Force Members 01.108 C. Proclamation - National Tourism Week - 5/7- 5/12 - Jane Bishop, Chamber of Commerce Accepting 01.109 D, Proclamation - National Nurses Week - 5/6 - 5/12 - Inez Fielding, R,N. and Sue Lee, R,N. Accepting 01.110 E. Proclamation - Municipal Clerks Week - 4/29-5/5 - City Clerk Accepting 01.111a 1-14 01.112 15-16 01.113 17-32 01.114 33-48 01.115 49-63 01.045 65-68 01.116 69-76 Il. CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Location Options for Millennium Clock Tower (No Backup) CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mr. Barczyk B. Mr, Hill C. Mr. Majcher D. Mayor Barnes E. Vice Mayor Bishop CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. Them will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - April 11, 2001 Regular Meeting Approve Tentative Fiscal Year 2001/2001 Budget Calendar (Finance Director Transmittal 4/25/01, Calendar) Resolution No. R-01-30 - Vacation of Easement - Belknap - Lot 21, Block 214, SH Unit 10 (Growth Management Transmittal 4/17/01, R-01-30, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF AN EASEMENT ON LOT 21, BLOCK 214, SEBASTIAN HIGHLANDS UNIT 10; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-31 - Vacation of Easement - Paukner/Welch - Lots 2 & 3, Block 234, SH Unit 6 (Growth Management Transmittal 4/17/01, R-01-31, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF AN EASEMENT OVER LOTS 2 AND 3, BLOCK 234, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-32 - Vacation of Easement - Swart, Lot 99, Block 299, SH Unit 11 (Growth Management Transmittal 4/17/01, R-01-32, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF AN EASEMENT OVER LOT 99, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Extend Memorandum of Understanding Between City of Sebastian and Indian River County Sheriff for Captain Jim Davis' Services as Interim Police Chief to June 29, 2001 (City Manager Transmittal, Memorandum of Understanding, Sheriff Raymond Letter dated 4/12/01) Approve and Authorize Mayor to Execute Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with Indian River County Sheriff's Office (General Services Transmittal 4/19/01, Agreement) 12. 01.092 77-103 01.086 105-112 13. 14, 15. 01.117 112-142 PUBLIC HEARING Procedures for public hea#ngs: (R-99-21) · Mayor Opens Heaffng · Attorney Reads Ordinance or Resolution · Staff Presentation ° Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Headng · Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ordinance No. O-01-08 - Amendincl City Code Chapter 30, Article II Licensincl (Finance Director Transmittal 4/18/01, 0-01-08) AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. B. Second and Final Hearing on the Small Cities Community Development Block Grant 1. Citizens Advisory Task Force Recommendation (To Be Presented) Resolution No. R-01-33 - Authorize City Manager to Submit Application (City Manager Transmittal 4/17/01, R-01-33) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FEDERAL FISCAL YEAR 2001; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-01-34 - Initially Establishing a City of Sebastian Community Development Plan (City Manager Transmittal 4/17/01, 1~-01-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, INITIALLY ESTABLISHING A CITY OF SEBASTIAN COMMUNITY DEVELOPMENT PLAN PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen/vise on the agenda - sign-up required - limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS A. Review Proposed Franchise Agreement for Residential Solid Waste Collection Services (Proposed Agreement) 16. NEW BUSINESS 01.057a 143-171 A. Authorize Execution of Stormwater Master Plan Consultant Agreement with Camp, Dresser and McKee, Inc. - Amount Not to Exceed $150,000 (City Manager Transmittal 4/19/01, Agreement) 01.057b B. 173-187 Authorize Execution of Professional Services Agreement with Camp, Dresser and McKee, Inc. - Stormwater Utility Assessment Program -Amount Not to Exceed $60,000 (CityAttomey Transmittal 4/18/01, Agreement) 01.031 C, 189-209 Resolution No. R-01-35-Amending Fiscal Year2001 General Fund, Riverfront Redevelopment Fund, Golf Course Fund, Airport Fund, and Major Equipment Replacement Fund (Finance Director Transmittal 4/18/01, R-01-35, 2~d Quarter Budget Review Memo, Project Status Reports, Investment Study) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2000 AND ENDING SEPTEMBER 30, 2001 AS PROVIDED FOR IN EXHIBIT "A", PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 01.118 D. 211-220 Approve Change Order for Amendment One to LPA Group in the Amount of $11,226 - Engineering Services for Electrical Vault and Lighted Wind Cone (Airport Transmittal 4/19/01, Change Order w/Attachments) 01.075 E. 221-227 Approve Interlocal Agreement Between City of Sebastian and School District of Indian River County for Videotaping Services (City Manager Transmittal 4/18/01, Agreement) 01.119 F. 229-234 Resolution No. R-01-36 ~ Establishing a Retirement Plan with CWA/ITU Negotiated Pension (Finance Director Transmittal 4/18/01, R-01-36, Memorandum of Understanding, Article 16) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO PENSIONS, ESTABLISHING A RETIREMENT PLAN WITH THE CWA/ITU NEGOTIATED PENSION PLAN, PROVIDING FOR AN EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE COMMUNICATIONS WORKERS OF AMERICA UNION LOCAL 3180; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 01.120 235-238 Approve Purchase of Toro Workman Model 2100 Truckster in the Amount of $7,300.80 from Florida State Contract and Toro 85 Thatcher in the Amount of $2,873.64 from GSA Contract from Hector Turf (Parks Transmittal 4/18/01, Quote) 01.116 H. 239-247 75th Anniversary Clock Purchase - Waive of Bidding Process - Appropriate $22,325 and Approve Purchase from Electric Time Company (Public Works Transmittal 4/18/01, Photo and Specs) 17. ADJOURN (All meetings shall adjoum at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD Of= THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINA TOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcomin(3 Meetin~qs: Regular Meeting, May 9, 2001 - 7 pm Regular Meeting, May 23, 2001 - 7pm Regular Meeting, June 13, 2001 - 7 pm Regular Meeting, June 27, 2001 - 7pm 4 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 11, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Dr. Ronald D. Thomas, Sr. - Sebastian United Methodist Church. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joseph Barczyk Councilmember Jim Hill City Council Absent: Councilmember Edward Majcher, Jr. (Excused) Also Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Tracy Hass City Engineer, Ralph Brescia Golf Course Director, Greg Gardner Interim Police Chief, Jim Davis Parks Superintendent, Chris McCarthy Roads and Drainage Staff Member, Gary Johnson Regular City Council Meeting April 11, 2001 Page Two 01.094 01,018 AGENDA MODIFICATIONS (ADDITIONS AN_D/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) Mayor Barnes suggested moving New BuSiness item B, R-01-28, vacation of easement, to the consent agenda, however, the City Attorney advised discussion was necessary. 6. PROCLAMATIONS, ANNOUNCEMENTS ANI~/OR PRESENTATIONS A, Proclamation - Child Abuse Prevention Mayor Barnes read and presented the Mayor Barnes read a certificate of Tobacco" to the City of Sebastian. CITY ATTORNEY MATTERS Month - Teresa Monnett Acceptin(~ )reclamation to Teresa Monnett, Ippreciation from SWAT "Students Working Against The City Attorney reported on his attendance at the Construction Board meeting regarding applications and said all procedural matter concerns had been resolved; stated the Capital Sanitation issue was scheduled for the April 25, 2001; requested authorization for Local Government Law Seminar and Certification review course in an amount under $700, in Orlando from April 19-21, 2001. MOTION by BarczyldBishop ~ "1'11 move to approve the expenditure of approximately $700 for the Attorney to attend the Local Government Lawyers' course in Orlando," VOICE VOTE on the motion carried 4-0, CITY MANAGER MATTERS A. Melrose Pvrotechnics- 4th of July Fireworks (No Backup) Scott Fulton, Melrose Pyrotechnics, addressed City Council on the need for a larger set up area on the island, and new technicians who will be availab e for July. The Parks Superintendent discussed clearing more of the subject island of pepper trees to accommodate a larger staging area. He said staff would obtain any neces~ry permits required. Mr. Fulton said he would come down and workiwith City staff on the location. Regular City Council Meeting April 11, 2001 Page Three 01.093 B. Barber Street Traffic Condition (No Backup)) 1. History of Corridor - Collector Road The Growth Management Director noted that Barber Street was originally platted as a collector road and has been designated as a collector street throughout subsequent comprehensive land use plan approvals, noting that Barber has been home to 122 model homes going back to the late 80% a typical use for collector streets. 2. Traffic Enaineering Lo(~istics The City Engineer discussed proposed improvements, i.e, traffic lights at Barber and Tulip, and Barber and Schumann, establishment no passing lanes for the entire corridor, and removal of vegetation in the area of Concha. 3. Efforts for Enforcement The interim Police Chief said there has been an increase in traffic enforcement in the past several weeks and reported that a speed trailer has been placed on Barber to educate the public. The City Manager closed by stating that there are efforts underway to alleviate citizen concerns along the corridor and better educate the public. It was the consensus of City Council that staff continue their efforts. In response to a question regarding tracking the result of the improvements, the Chief said there was a method of counting traffic and speed in a 24 hour period and then comparing it to another 24 hour period, however, there was a piece of equipment that needs to be purchased. The City Manager said he had an opportunity to talk to several people from the area about his proposals. Mr. Bishop suggested a stop light rather than blinking light at the fire station. Mort Smedley recommended a committee of three to assist the City in its efforts, Mr. Barczyk suggested using a park tract at the rear of Barber Street Sports Complex for parking to keep cars off Barber Street. MOTION by Bishop/Barczyk "I'd make a motion to direct the City Manager to investigate additional parking possibilities at the Barber Street Sports Complex in an effort to alleviate parking along Barber Street," ROLL CALL: Mayor Barnes - aye Mr. Bishop -aye Mr. Barczyk -aye Mr. M~cher -absent Mr. Hill -aye MOTION CARRIED 4-0 Regular City Council Meeting April 11, 2001 Page Four 01.080 C, Indian River County Animal Control Board - Respective Responsibility (No Backup)) The City Manager said, in regard to the previously addressed vicious animal issue, interim Chief Davis had discovered that only one complaint had been received by Indian River County Animal Control; and that the Building Official had been directed to look at the animal owner's fence for compliance, i CITY CLERK MATTERS - None 10. CiTY COUNCIL MATTERS A, Vice Mayor Bishop None. B. Mr. Barczyk Mr. Barczyk reported on discussions with County staff regarding installation of meter boxes at empty lots. TAPE I - SIDE II (7:48 p.m.) C. Mr. Hill None D. Mr. Majcher Absent E, Mayor Barnes Mayor Barnes reported on a meeting w th staff members and Code Enfomement staff. He said he was asked to bring the matter of deleting the requirement for permits for temporary signs and requested this be placed on the April 25, 2001agenda; questioned whether or not vacations of easement could be handled administratively, to which the City Attorney advised that the release of land is a Council matter; requested a review of City boards to determine what boards are still in effect, to which City Attorney advised t~at the much of the review had been completed and will be brought forward; expressed concern about diesel fuel fumes in the area of Stiehls gas station and Channel 68; asked if letters regarding paint color in the Riverfront District had been mailed, to which the Growth Management Director responded letters should be out by end of the week; and announced a Keep Indian River Beautiful clean-up day on April 28, 2001. 4 Regular City Council Meeting April 11, 2001 Page Five 01.095 01,096 01.097 01.098 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - March 28, 2001 Regular Prior Approval for City Clerk Attendance at Florida Association of City Clerks Annual Conference in Jacksonville - 6/3/01 through 6/6/01 (City Clerk Transmittal 4/2/01, Conference Info) Resolution No. R-01-26 - Vacation of Easement - Hooker/Poole - Lot 28, Block 457, SH Unit 17 (Growth Management Transmittal4~2/01, R-01-26, Staff Report, Site Map, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT OVER LOT 28, BLOCK 457, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-27 -Vacation of Easement- Mellin - Lots 12 and 13, Block 190, SH Unit 6 (Growth Management Transmittal 4/2/01, R-0~-27, Staff Report, Site Map, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 12 AND 13, BLOCK 190, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-29 - Support of State Providing More Proportionate Share of Funding Regional Planning Councils (R-01-29, Busha Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read resolution titles. MOTION by Bishop/Hill "1 move to approve consent agenda items A, B, C, D, and E." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 5 Regular City Council Meeting April 11, 2001 Page Six 01.085 01.099a 12. PUBLIC HEARING A, Second Readinq and Final Public Hearing on Ordinance No. O-01-07 - Land Develop_ment Code Text Amendment - Change in Permitted Use (Growth Mana(Tement Transmittal 4/'2/01, 0-01-07, Realty King Letter~ Location Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.3.2 COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES AND 54-2- 6.4 SPECIFIC CRITERIA FOR APPROVIIVG A CONDITIONAL USE PROVIDING LIMITED AVAILABILITY OF TWELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I Mayor Barnes opened the public hearing at 7:55 p.m. and the City Attorney read Ordinance No. O-01-07 by title. The Growth Management Director gave a brief presentation on the proposed amendment to CL permitted use to allow up to 12 residential units per acre, and cited Planning and Zoning approval. Being no further input, Mayor Barnes ~losed the public hearing at 7:58 p.m. MOTION. i,~ly Hill/Barczyk ce move approval of Ordinan No. 0-01-07." ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop -aye -absent -aye -aye -aye MOTION CARRIED 4-0 First Readinc~ and First Public Hearin(3 on Ordinance No. O-01-09 - Davis Comprehensive Land Use Plan Amendment for Transmittal to Department of Community Affairs - 2"d Public Hearinc~ to Be Scheduled Upon Return from DCA (Growth Manaclement Director Transmittal 472/01, Application, Conceptual Plan Under Separate Cover. Map. Staff Report, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WiTH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 13ROVIDING FOR EFFECTIVE DATE. The City Attorney advised that this and the next ordinance can be treated as a joint hearing, but be voted on separately. There was no ex!parte communication to disclose. Mayor Barnes opened the public hearirlg at 7:59 p.m., and the City Attorney swore in Randy Mosby, Mosby and Associates, representing the property owner. Regular City Council Meeting April 11, 2001 Page Seven Mr. Mosby addressed City Council on the proposed annexation, comprehensive land use plan amendment, and zoning to Planned Unit Development Residential for the 80 acre site. He said the developer will bear costs of improvements. The Growth Management Director gave a brief presentation on the proposed Comprehensive Land Use Plan amendment and zoning; discussed the fact that the tract is an Indian River County enclave within the City; that the main access will be an extension of Bailey Drive and secondary access will be Kildare Drive, which are the only two access points to this site, however a favorable access would be the future extension of Fleming. He noted there is pristine wetland in the middle of property, that PUD-R is consistent with the Comprehensive Land Use Plan goals and objectives, and that staffhas been in contact with Indian River County for coordination of annexation. The City Attorney discussed coordination efforts to ensure that annexation, land use and zoning take place at the same time in accordance with Florida Statutes' condition for an interlocal agreement. The Growth Management Director noted that there are several phases to come back to Council prior to construction and that this is a preliminary stage only to transmit the application for land use to the state. Mayor Barnes pointed out an error in Section 1., the word "incorporated" should be "unincorporated" and the City Attorney agreed. Discussion followed on proposed density. John Mack questioned the effect on the island on Schumann Lake. Mr. Mosby said there will be no interconnection to Schumann Lake and the Growth Management Director said the island is zoned public service and not a part of this proposed development. Sal Neglia, Sebastian, recommended getting more answers before the property is annexed. Kara Kenison, opposed turning the Schumann Lake Island into a park and stated she had a petition opposing annexation but did not submit it. Billy Mance, 105 Kildare, urged that Council conduct studies first and expressed concern for impacts to Kildare and Bailey. She was advised that traffic studies will have to be conducted. TAPE II - SIDE I (8:35 p.m.) Marjorie Lutkind, 101 Kildare Drive, Sebastian concurred with prior comments relative to impacts on Kildare. Harry Marshall, 825 Bailey Drive, Sebastian, opposed the annexation based on use of Bailey Drive as the primary access to the proposed development. The City Attorney explained Florida law relative to land-locking property and the phasing process that will have to be undertaken over many years to develop this property, reiterating that this is only approval for use of the land. He noted this is actually a reduction of units from what would currently be allowed on this property. Ed Britt, Sebastian, said people from this area are concerned about large developers like General Development Corporation. 7 Regular City Council Meeting April 11, 2001 Page Eight The City Attorney said no dirt will be turned before there are four more public hearings, and advised that these ordinances only become effective upon final annexation. Mayor Barnes closed the public hearing at 8:55 p.m. The City Attorney read Ordinance No. 0-01-09 by title. MOTION by Bishop/Hill "1 move to approve the first reading of Ordinance No. O-01-09, set 2"~ public hearing upon return from DCA." ROLL CALL: MOTION CARRIED 4-0 Mr. Majcher - absent Mr. Hill - aye Mayor BarnesI - aye Mr. Bishop - aye Mr. Barczyk - aye 01.099b First Readina and First Public Hearing (Quasi-Judicial) on Ordinance No, O-01-10 Davis Rezonina - 2"" Public Hearina to Be Scheduled at a Later Date [Growth Manaoement Director Transmittal 4/2/01, 0-01-10, Application, Conceptual Plan Under Separate Cover, Map, Staff Report, P & Z Recommendation - Procedures on Back of Aoenda) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) FOR ANNEXED LAND WITH A PRIOR COUNTYZONiNG DESIGNATION AS AGRICULTURE (A-I) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-01-10 by title only. MOTION by Hill/Barczyk "1 move approval of OrdinancelNo. O-01-10." ROLL CALL: MOTION CARRIED 4-0 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - absent - aye Mayor Barnes called recess at 8:57 P,m. and reconvened the meeting at 9:10 p.m. All members present at roll call were present when the meeting reconvened. Regular City Council Meeting April 11, 2001 Page Nine 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit of ten minutes for each speaker Sal Neglia, Sebastian, discussed the road cuts to accommodate fire hydrant reflectors which have not been installed; and said there are hardly any Brazilian peppers on the islands and perhaps the city should use a barge for fireworks. 14. COMMITTEE REPORTS/RECOMMENDATIONS 01.087 Budaet Review Advisorv Board Appointments (City Clerk Transmittal 4/3/01, Current Member List, Ad) 1. Councilmembers Barczyk, Bishop and Majcher to Name Appointees for 2 Year Terms to 3~2003 2. Interview and Appointment of Two At-Large Members for 1 Year Terms to 3/2002 Mr. Bishop reappointed David Folkening, Mr. Barczyk reappointed Herbert Munsart, and Mr. Majcher by memo had stated his intention to reappoint Gene Rauth. All will serve until March 2003. MOTION by Barnes/Barczyk "1 would like to nominate Richard Smith who is an existing member, at-large." VOICE VOTE on the motion carried 4-0 MOTION By Bishop/Hill "I'd like to nominate Addna Davis for the second at-large position." VOICE VOTE on the motion carried 4-0 01.086 Citizen Advisorv Task Force Appointments (City Clerk Transmittal 415/01, Eight Applications, Ad) 1. Councilmembers to Name One Appointee Each and Appoint Two At-Large Members It was noted that Cheryl Doyle will be a resident as of May 2001 (see letter attached) Council appointments were designated as follows: Mr. Bishop- Julianne Barrett Mr. Barczyk - Sal Neglia Mr. Majcher- Tut Connelly (by memo) Mr. Hill - Charles Cardinale Mayor Barnes - Mr. Anderson The City Attorney said Mrs. Doyle's appointment would have to be conditioned upon her residency. Mayor Barnes said he would nominate Mr. Flood and also Mrs. Doyle, conditioned upon her residency in voting on matters. Following further discussion, it was decided to have a nine member committee. Regular City Council Meeting April 11, 2001 Page Ten 01.100 01.101 01.025 15. MOTION by Barczyk/Hill "1'11 make a motion that all the a3plicants we have here plus Mr. Bishop's applicant Barrett be included as members of the Louisiana Street force. ROLL CALL: Mr. Barczyk - aye Mr. Majcher ~ absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 The City Manager announced the boa'd will meet on April 18th in the Council Chambers, will take formal vote at this meeting, and will be advised of the meeting by mail. Tree Advisory Board (City Clerk Transmittal 4/4/01, Six Appl Cations, Member List, Ad) 1. Interview, Unless Waived, an~ Appoint Three Regular Members with Terms to Expire 4/1/2004 MOTION by Barczyk/Bishop / '1 move that the three incumbents be approved to serve another term on the Tree Advisory Board." ROLL CALL: Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 4-0 OLD BUSINESS A. Richard and Jodi Fey - Request for Relgase of Bond Money (Fey Letter) The City Manager advised that the Feyh~ were not in attendance. Th · City Attorney suggested that they be advised they may speak under. Introduction of Business from the Public at a later date. B. Consider Resolution No. R-01-19 Water Restriction fR-01-19 as Distributed by City Attorney on 3/28/01) , A RESOLUTION OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, ENACTING EMERGENCY WATER RESTRICTIONS; PROVIDING FOR CONFLICT~ HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution R-01-! 9 by title, and discussion took place on proposed provisions. The City Attorney advised additional lar~guage "as well as from 9 am to 5 pm.." ]0 Regular City Council Meeting April 11, 2001 Page Eleven MOTION by Bishop/Hill "1 make a motion to approve Resolution R-01-19 as amended." TAPE II - SiDE II (9:35 p.m.) Subsequent to the motion, it was decided to make the resolution effective April 16, 2001 at 9 am. ROLL CALL: Mr. Hill - aye Mayor Barnes * aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent MOTION CARRIED 4-0 16, NEW BUSINESS 01.072 A. Citv Hall Restoration Architects - Recommendation to be Presented by City Manaqer The City Manager noted he had provided a transmittal and professional services agreementwith John Dean (see attached); and noted that the grant agreement deadline is May 31, 2001. Discussion followed on approving the agreement without benefit of Council review, and Mayor Barnes suggested that the approval be contingent upon Council review of the documents. The City Manager stated a resolution will be presented to City Council for adoption in May to forward the grant application. It was decided to approve conditioned upon no questions raised as of close of business day this Friday. MOTION by Bishop/Barczyk 'TII make a motion to accept the agreement as put before us contingent upon nobody having any deal breaking problems with it before the close of business Friday." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye MOTION CARRIED 4-0 01.102 Resolution No. R-01-28 -Vacation of Easement - Favret - Lots 3 & 4, Block 15,_SH Unit 1 (Growth Management Director Transmittal 4/2/01, R-01-28., Site Map, Staff Report, Application,.Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 3 AND 4, BLOCK 15, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution R-01-28 by title. 11 Regular City Council Meeting April 11, 2001 Page Twelve The Growth Management Director explained the difference with this vacation is that the County Utilities Dept. has not signed off on the east and west ten feet. He said he concurred with them maintaining the east ten feet because it is on a rear easement but the western ten feet lies in the proposed driveway area and there is sufficient area in the right-of-way to locate a utility box. The City Attorney further advised deleting "and the western most ten(10) feet" from the body of the resolution. MOTION by Hill/Barczyk "1 would move to adopt Resoluiion No. R-01-28 as amended." ROLL CALL: Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes; - aye - aye - absent - aye ~ aye 01.103 MOTION CARRIED 4-0 Waive Bid and Authorize Purchase of IIrigation Supplies from Bovnton Pump and IrrLqation Supply in the Amount of_.$8~319.07 - Approve PU~rchase of I rri(~ation Heads from Sole Source supplier Hector Turf in the Amount of $5,098,41 - Apprfopriate $13,417.48 from Golf Course Funds to Accomplish (Golf Course Director Transmittal, Quotes and Hector Letter) The Golf Course Director briefly descril~ed the irrigation installation, Mr. Hill expressed concern that there was only one bid on peripheral items. The Golf Course Director explained that he had attempted to obtain additional proposals but was not successful. It was suggested that further information be irlcluded in packets to alleviate these questions. MOTION by Barczyk/Bishop "1 move to waive competitive I bidding procedures for irrigation parts and supplies and authorize the purchase of same from Boynton Pump and Irrigation Supply in the amount of $8,319.07. Move to approve the purchase of irrigati~)n heads from sole source supplier Hector Turf in the amount of $5,098.41. Move to appropriate $13,417.48 from Golf Course Funds to accomplish the above stated project." : ROLL CALL: Mr. Barczyk , - aye Mr. Majcher ' - absent Mr. Hill - nay Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 3-1 (Hill - nay) ]2 Regular City Council Meeting April 11, 2001 Page Thirteen 01.104 D. Approve Purchase of Altec AT235 from Altec Industries, Inc. in the Amount of $54,280 Pursuant to GSA Contract #GS-30F-1028G (Public Works Transmittal 4/5/01, Quotes) The Parks Superintendent addressed City Council on the proposed purchase and Roads and Drainage staff member, Gary Johnson distributed additional materials on this and the next item. MOTION by Hill/Bishop "1 move to approve the purchase of an Altec AT235 from Altec Industries, Inc. in the amount of $54,280, pursuant to the GSA contract #GS-30F-1028G." ROLL CALL: Mr. Majcher ~ absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 4-0 01.105 E. Approve Purchase of Bobcat Skid-Steer from Bobcat of the Treasure Coast in the Amount of $18,500Pursuant to Federal Government Contract #SPO500-98-D-9033 (Public Works Transmittal 4/5/01, Quotes) The City Manager stated the trade-in on the mini-excavator will be $6,347. The Parks Superintendent briefly described the proposed purchase. Discussion took place on holding on to the current piece of equipment and staff explained its use is very rare and it is worth more as a trade-in. MOTION by Barczyk/Hill "1 move to approve the purchase of a Bobcat skid-steer from Bobcat of the Treasure Coast in the amount of $18,500, pursuant to Federal Government contract #SPO500-98-D-9033." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent MOTION CARRIED 4-0 01,007 F. First Readino of Ordinance No. O-01-11 - Construction Site Port-o-Let Modifications - Set Public Hearinq for 5/9/01 (City Attorney Transmittal 4/5/01, O-01-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-3, LOCATION OF PORTABLE SANITARY FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-11 by title. TAPE III - SIDE I (10:18 p.m.) 13 Regular City Council Meeting April 11, 2001 Page Fourteen MOTION by Bishop/Hill "1 would move to pass Ordinance No. O-01-11 on first reading, set public hearing for May 9th ." ROLL CALL: MOTION CARRIED 4-0 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - absent - aye 17. Mayor Barnes adjourned the Regular Meeting at 10:20 p.m. Approved at the ,2001 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio City Clerk ]4 SEBAS'rlai HOME O~ ?EUCaN ISLAND City of Sebastian, Florida Subject: Tentative Fiscal Year 2001-2002 Bu~dar Al~roveF~r SuCm~ty Man...ager Al //z._ Agenda No. Department Origin: Finance Date Submitted: April 18, 2001 For Agenda of: April 25, 2001 Exhibits: · Tentative Fiscal Year 2001-2002 Budget Calendar EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A APPROPRIATION REQUIRED: N/A SUMMARY During the course of each budget year, the City Council approves a budget calendar which sets the dates when certain actions will be accomplished for purposes of complying with reporting requirements as well as, complying with the timing of adoption of the budget in conjunction with the other taxing authorities in the County. Staff has developed a tentative fiscal year 2001-2002 budget calendar for your review. There may be changes depending on the County's meeting schedule which has been known to change in the past. More importantly, staffhas scheduled budget workshops on Wednesday opposite to the normal council meeting nights in August, however, staff has scheduled public hearings on regular meeting nights in September. This has been done so that the City does not schedule the public hearings to close to the County and School Board budget hearings and have potential conflicts. RECOMMENDED ACTION Approve the tentative fiscal year 2001-2002 budget calendar. DATE 4/9/01 4/20/01 4/25/01 4/27/01 5/23/01 - 5/30/01 6/1/01 6/4/01 6/29/01 - 7/6/01 6/28/01 7/12/01 7/13/01 7/26/01 7/26/00 or 8/2/00 8/15/01 9/4/01 9/6/01 9/12/01 9/11/01 9/26/01 TENTATIVE FISCAL YEAR 2001-2002 BI. ri)GET CALENDAR DAY Monday Fr/day Wednesday Friday Wednesday thru Wednesday Thursday Friday Thursday Thursday Friday Thursday Thursday/Tuesday Wednesday Tuesday Thursday Wednesday Tuesday Wednesday EVENT Fiscal Year 2002 B~dget Packages to Departments Capital Improvemelat Programming Meeting and Budget City Council approves Tentative Budget Calendar Fiscal Year 2002 Pioposed Budgets to Finance for Compilation City Manager Fiscal Year 2002 Proposed Budget Meetings with Departments and Divisions Estimate of Property Value to be received from Property Appraiser City Manager's ReCommended Budget to be compiled and mailed to Budget Advisory Cpmmittee members with supporting documentation. Secondary Department/Division Meetings to update budget projections. Budget Advisory cbmmittee meeting Budget Advisory Cbmmittee meeting Fiscal Year 2002 Proposed Budgets to City Council Budget Advisory COmmittee meeting TENTATIVE 1ST READING OF SCHOOL BOARD BUDGET @ 5:01p.m Council Budget WOrkshop TENTATIVELY S~HEDULED COUNTY 1 ST READING OF COUNTY BUDGET ~ 5:01p.m. FINAL ADOPTIO~q OF SCHOOL BOARD BUDGET @ 5:01p.m. Tentatively scheduled 1st Public Hearing of City Budget - Adopt Preliminary Millage Rate TENTATIVELY SCHEDULED COUNTY ADOPTION OF COUNTY BUDGET @ 5:01p.m. Final Public Hearing of City Budget - Adopt Final Millage Rate and Budget Resolution -213; City of Sebastian, Florida Subject: Resolution No. R-01-30 Vacation of Easement - Belknap Lot 21, Block 214, Sebastian Highlands Unit 10 A~ro~or Submitm.t-~:~, Exhibits: 1) R-01-30 2) Site Map EXPENDITURE REQUIRED: None Agenda No. Department Origin: Growth Management (Tn) Date Submitted: 4/17/01 For Agenda of.' 4/25/01 3) Staff Report AMOUNT BUDGETED: None 4) Application 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for an abandonment of the south nine (9) feet of the side public utility and drainage easement located on the north twenty (20) feet of Lot 21, Block 214, Sebastian Highlands Unit 10, less the west twenty (20) feet thereof. The house was built in 1989 with an encroachment into the easement because of an inaccurate survey. The applicant wishes to sell the house but cannot get title insurance because of the encroachment. Abandonment of nine (9) feet of the easement would be the minimum needed to bring the structure into compliance. Adopt Resolution No. R-01-30. RECOMMENDED ACTION RESOLUTION NO. R-01-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A iPORTION OF AN EASEMENT ON LOT 21, BLOCK 214, SEBASTIAN HIGHLANDS UNIT 10; PROVIDING FOR CONFLICTS HEREWITH; .'?ROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the owner of the land at 1 i62 Clearmont Street has filed a request for a partial abandonment of the public utility and drainage easement along the north side lot line of the site; and WltEREAS, the providers of telephone, ~lectric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CiTY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southern nine (9) feet of the northern ~nost twenty (20) feet of Lot 21, less the western most twenty (20) feet thereot~, all being in Block 214, Sebastian Highlands Unit 10, as recorded in Plat BOok 6, Pages 37, 37A thru 370, of the Public Records of indian River County, Florida, all located within the City of Sebastian, Indian Ri~er County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public EFFECTIVE DATE. This resolution shall take effect immediately The foregoing Resolution was moved for adoption by The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ,2001. CITY OF SEBATIAN, FLORiDA Councilmember day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by ,the City.. of Sebastian only: Rich Stringer, City Att iom~~ LOT '22 BLOCK 21,4 ""IRC FD. '" ('ILLEGIBLE) LB 282& LOT 20 BLOCK 21,4 C/L ROSEBUSFt TERRACE 50' 'TPE: BOUNDAR'r' 5UP-.VET ~ROJ, NO, 00-285 ' ILl ~/~' I% P.K. NAIL Ilt. DISK P'D. TOt!51N J. ~ X/IVAN O. I~IEED DATE~ 12/2'//00 F,0. II PG. 6:] .IN P.EET ) )NN, BT, PRE SCALE: 1" = :~0~ :KD. BT: 5AFl i "FILS PLAT AND P. EPOET ARE NOT VALID I,,,IITHOUT THE 516NATURE AND THE OI~I61NAL RAISEDI iEAL OF TNE FLOI~IDA REGISTERffi;:) 5UI~VETOR AND I1APPER NAI'IED I.IEREOi'I Nl,.tlCl,I 51GNATURI~ ~ND SEAL mAT BI[ FOUND AT TIlE END OF Tt~E ATTA(:I-IED REPOF~T, ' 'HF PLAT AND REPOET ARE NOT FULL AND [:.OI'IPLETE NITI.IoUT ONE ANOTI-IER, ': )ROJ. NO, 00-255 LOT 21, BLK. 214, 5CB. iFIIGFILAND5 UNIT I0 e ABANDONMENT OF EASEMENT staff Report Project Name: Property of Bradley K. Belknap Requested Action: Abandonment of the south nine (9) feet of the public utility and drainage easement located on the north twenty (20) feet of Lot 21, Block 214, Sebastian Highlands Unit 10, less the west twenty (20) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 1162 Clearmont Street Lot 21, Block 214, Sebastian Highlands Unit 10 Bradley K. Belknap 1162 Clearmont Street Sebastian, Florida 32958 e Project Description: a. Narrative of proposed action: Application has been made for abandonment of the south nine (9) feet of the public utility and drainage easement located on the north twenty (20) feet of Lot 21, Block 214, Sebastian Highlands Unit 10, less the west twenty (20) feet thereof. The house was built in 1989 with an encroachment into the easement because of an inaccurate survey. The applicant wishes to sell the house but cannot get title insurance because of the encroachment. Abandonment of nine (9) feet would be the minimum needed to bring the structure into compliance. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Single-famil5 Utilities Comments: Florida Power & Light: Southern Bell: Charter Communications: Indian River County Utilities: City Engineer (drainage): Growth Management Director CommentS: Staff Recommendation: Approve Res, Prepared by residence approved approved approved approved approved none )lution R-01-30 Dateq//7/°l i!City Of'Sebastian Development Order Application ::: .,~.li3tj~n~,~t.~a~ .e~, wtttt.,~ ,.,~. a.,u. thoff?A, ti,e~. [no~. ~z .~i) f~_m ~. ~m~u!~dj ,, ,. ........ . ~ ~ :."Name:~'N~ _ · . . ' '"' "~~dd~ ' ' , : ' ..... ~ ~~ ~,_.~/~ . ~ ~r,~.~., ~ , , ' ", ~" Name; '-- ' t~atne; ............................. ' ....... ' ...... MY COMMISSION # CC 764332 EXPIRES: October 26, 2002 · Bonded Thru N~m~ I~ubllc,Un~m~writem Supplemental Information easement~, vacation of' 288~ City of Sebastian I225 M. MN STREET [] SEBASTIAN, FLORIDA TELEPHONE (515i) $g9-55-~7 0 FAX (561) 589-256fi REQUI sT Poll ABANI O NT o1, E4SE T 2001 D~eriot[on of Easemegt m be at~oned: The soUd~ ~e (9) feet of ~e publie u61i~ ~d ~nage e~em~t loe~md on ~e no~ ~enW (20) feet of Lm 21, Block 214, Seb~ti~ Highl~d~ Unit lQ, les~ ~e west ~ (20) feet ~reof. UTILITY; ~flr~ern,~PL FAX NO: (561) DATE: Dorri Boswarth, CitF of Sebastian, Growth Management Department Fax No. (561) 589-2566, BELLSOUTH BellSouth Telecommunicotions, Inc. Room 213 3300 Okeechobee Road Fort Pierce, FL 34947.4552 February 5,2001 Billie C. Greenlief General Manager-Network Operations Indian River Division 561 468-9970 Fax 561 466-4705 Doris Bosworth City of Sebastian 1225 Main 'Street Sebastian, Flor/da 32958 P,.E: Release of Easemcmt.for Lot~-~,~' -Block 214, in .Sebastian ~iighlands Unit 10 Dear Ms Bosworth: Per your request dated January 9, 2001, BellSouth has no objections to the abandonment of the utility easement as described herein: Release the south (9) feet of the utility and drainage easemem located on the north (20) feet of Lot 21, Block 214, Sebastian Highlands Un/ 10. We have no facilities within tkis portion of the said utility easement. For furth~ assistance, please contact Kirk Walker at 561-468-5538. Yours truly, General Manager C~n f i rm~t i ~n Report ~ Memory $~ncl Date & Time: Jan-30-2001 10:19~ Tel line : 5B1 589 3872 ~achine ]D : CHARTER CQ~UNiCATIONS Job number Date & Time Number of pa;es Start time End time Pages sent Status Jab nueber Jan-30 10:13am 589387Z 001 Jan-30 I0:13am Jan-3O 1Q:lgam 50 :!:** .SEND FAILED Cit~ of Seba~tian 1225 MAIN STREET [~ SEBASTIAN, FLOR/DA 32958 TELEPHONE(561) 589-5537 C1 FAX(561) 589-2566 ~.REO!JI~ST FOR ABANDONM!3. ~ OF EASElVIBlWT Janum-y 9; 2001 Deseril~fion of Easement to be abandoned: The south nine (9) feet of the public utility and drairmge easement located on the north tw~aty (20) feet of Lot 21, Bloek 214, Sebastian Highlands Unit 10, less the west twenty (20) feet thereof. UTILITY: Steve Doyle, LR.C. Utilities FAX NO: 770-$143 -2-001 Ret-am to: Dot'ri Boswortl'[, City of Sebastian, Growth Management Department Fax No. (561) 589-2566, 10:3DAN BLD~ DEPT GEBASTI~N N0,~44 City of Seb~ti~ ~ RE_O_~rEST FOR _AB~O~4'ENT OF [~AS.ENIENT January 9, 2001 Descrintl0/l of E~emen.t.t,o_be_abandoried: The south nh~e (9) ~ of ~e public ~ag~ ~s~ent located on ~e no~ ~en~ (20) f~et of Lot 21, Block 21~, Highlm~fls Unit 10, less te west twenW (20) feet ~ereoi UTILITY: Ralph Brescia, CiD' Engineer ~ (signa~e) FAX NO: 589-6209 9- o i Retl/_v~ 1:o: Dorri Bosworth, City of Seoastiav., G-rowth Management Department Fax No. (561) $g9..2566. / City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561)589-2566 TO: FROM: DATE: RE: Rich Stringer City Attorney Dorri Boswort~' April 17, 2001 Resolution for Abandonment of Ea sement Please review the attached resolution for a partial abandonment of an easement for Bradley K. Belknap on Lot 21, Block 214, Sebastian Highlands Unit 10. If everything is okay, please forward to the City Manager. :jk Subject: Resolution No. R-01-31 Vacation of Easement - Paukner/Welch Lots 2 & 3, Block 234, Sebastian Highlands Unit 6 Apt~tx-o~d~fo r City of Sebastian, Florida Agenda No. ~/. Department Origin: Growth Management Date Submitted: 4/17/01_,,tL,,,,~r~ (TH) For Agenda of: 4/25/01 Exhibits: 1) R-01-31 EXPENDITURE REQUIRED: None 2) Site Map 3) Staff Report 4) Application 5) Utility Letters AMOUNT BUDGETED: APPROPRiATION None REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the east six (6) feet of Lot 2 and the west six (6) feet of Lot 3, Block 234, Sebastian Highlands Unit 6, less the northern ten (10) feet thereof. The applicants wish to rectify an incorrect abandonment of easement done when the house was constructed in 1998. RECOMMENDED ACTION Adopt Resolution No. R-01-31 RESOLUTIONI NO. R-01-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 2 AND 3, BLOCK 234, SEBASTIAN HiGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the owners of said land upon which improvements have been built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE iT RESOLVED BY TIlE COUNCIL OF TIlE CITY OF SEBASTIAN, as follows: ~ Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon previously dedicated for a public utility and draina The eastern most six (6) feet of Lot 2 and less the northern most ten (10) feet ther¢ and discontinue all of that portion of land ge easement described as follows: the western most six (6) feet of Lot 3, ;of, all being in Block 234, Sebastian Highlands Unit 6, as recorded in Plat Bodk 5, Page 94, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian Ri~ er County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ,2001. day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for relian_,f,e~y the City of Sebastian only: Ric/'h S~Xing~e, ~ iW~Attom y~~-- LOT ~ .oc~ ~ LOT Z 69.£ ¢ ~ / R=351.62 ~' F 6~ /' ~ D=23'02'31" t k . / / / / / '/, / / N' ~o ABANDONMENT OF EASEMENT StaffReport Project Name: Property of Paukner/Welch Requested Action: Abandonment of the side public utility and drainage easements located on the east six (6) feet of Lot 2 and the west six (6) feet of Lot 3, Block 234, Sebastian Highlands Unit 6, less the northern ten (10) feet thereof. Project Location:. a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 487 Bywood Avenue Lots 2 & 3, Block 234, Sebastian Highlands Unit 6 Kevin J. Paukner & John L. Welch, Jr. 487 Bywood Avenue Sebastian, Florida 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the east six (6) feet of Lot 2 and the northeast six (6) feet of Lot 29, Block 186, Sebastian Highlands Unit 8, less the northwest ten (10) feet thereof. The applicants wish to rectify an incorrect abandonment of easement done when the house was constructed in 1998. ge b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Single-family residence Utilities Comments: a. Florida Power & Light: b. Southern Bell: c. Charter Communications: d. Indian River County Utilities: e. City Engineer (drainage): Growth Management Director Comment~: Staff Recommendation: approved approved approved approved approved none Approve ResOlution R-01-31 Prepared by Date Pen-nit Application No, City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Ph°neNumber:'(,~--~i ) 5ggo' 5b"'~O FA.XNumben ( ) E-Mail: Owner (If different from applicant) Name: Address: Phone Number:. ( ) FAX Number:. ( ) - E-Mail: of permit actJo[1 or requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE Aq-['ACHED AND 81/2" BY 11" COPIES (DF ANY ATTACHMENTS ' SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): B. Site information Address: BIo~: Un~: ' ~ Indian River County Parcel ~ Zoning u~a~i~tion: Future Land Use: -~imingUse: ~ ~~posedUse: C. g~c~ption of proposed am~ and Pu~ose of t~e requ~e~ pe~it or a~ion (a~ch e~ shee~s if necessary): DATE RECEIVED: fForrn CD.200'I Approved: 08/27/97 t j Revision: ,.~,.P O..,g'~ · FEE PAID: $ lop ¢ ~ \ RECEIVED BY: Page ~ of 3 [ Development Application 1 File Name: Doe Permit Application .No. D. Project Personnel: Agent: Name: Address Phone Number:. ( E-Mail: A~ome¥: Name: Address Phone Number, ( FAX~Num ber. FAXI Numben( B-Mail: Engineer: Name: Address Phone Number:. ( FAX' Numben( E-Mail: Surveyor: F~Numben ( phone Humbert (~j) l, <~-O', ~ T DULY SWORN, DEPOSE AND SAY THAT I AM THE OWNER I AM THE LEGAL REPRES~'NTATIVE OF THE OWNER OF THE PROPER~'Y DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPUCA~QN, AND THAT ALL THE INFORMATION, MAPS, DATA AND/QR SKETCHES PROVIDED IN THiS APPMCATIQN ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. $ DATE · ~ORN who NOTARY'S SIGNA~RB pRIN~D NAME OF NOTARY ' SSIQN NO./~PI~TION ~C~200~ J Pa~,2 of 3 ; J Development ApplicaEon ~~v~: 08~7/97 J Revision: ,L ~/e Name: Doe Permit Applica~on No. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans~ conditional use permits, special use permit$~ variances, exceptions, and appeals. IJ'~JE, __ THE OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORiZE EACH AND EVERY MEMBER OF THE ROARD/COMMI$SION OF THE CITY OF SEBASTIAN (THE "BOARD"J'COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IJVVE HEREBY WAIVE ANY OBJECTION OR DEFENSE i/WE MAY HAVE, OUR TO THE QUASI-JUOICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY ROARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR. SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THiS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY AN¥~MPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SlGNATU~ : / t_, · ''OATE Sworn to and subscribed before me by who is pe~_..~g~onally as identification, this .~ "' day of J/)/))~tl(~J"'"- __,..,1,¢j_~,.~.C~ 7 Notary'$ Signature Pdnted Name of Notary Commission No./Expiration Seal: AForrn CD.200'~ ~.proved: 08/2W97 R Pave 3 of 3 evision: Development Application File Name: Dca Permit Application No. Supplemental Information Easements, vacation of Describe the easement to be vacated (Provide a legal description, if possible): Why is this vacation of an easement being request?.. 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. (LForrn CD-2009 IApproved: 8127/9T Page Revision: VacatJ'on of Easements J File Name: Sieesev City of Sebastian 122.~ MAa'N STREET [] SEBASTIAn, FLORIDA 3295g TELEPHONE (~61) ~89.~37 [] FAX (561) 5B9-2566 March 13, 2001 · e e~t ~tx (6) ~mt of Lot 2 ~fl ~m ws~ ~ (6~ ~ee~ o~ Lot 3, Block 234, Hi~x~ds Uni~ 6. less ~c nomhcm ~n (10) feet th~eot UTILITV: APPROVF.~: '~ Ped£a Rubizra, FPL DENIED: APPROVED~DENIED BY:__ R~tutn to: Dorri Boswo~d~. City o~' Sabastian, Orowth Management Depamnenl FaxNo, {56L) 589-2566. BELLSOUTH BellSouth Telecommunications, Inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947-455:2 Billie C. Greenlief General Manager-Network Operations indian River Division 561 468 997O Fax 561 466 4705 Date: March 21, 2001 Dorris Bosworth City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: PETITION TO ABANDON/VACATE EASE Dear: Ms. Bosworth Per your request, BellSouth has no objection to the described herein: MENT abandonment of the utility easement The public utility easement located on the east six (6) feet of Lot 2 and the west six (6) feet of "Lot 3, Block 234, Sebastian Highlands Unit 6, less [the northern ten (10) feet thereof. We have no facilities within this portion of said utility easement. For further assistance please contact Kirk Walker at (561) 468-5538 Yours truly, Billie C. Greenlief General Manager cc: Kirk Walker ¢onfirmation Report -- M,amory Send Date & Time: Apr-l]-2001 02;27pm Tel line : 5El 58g 3872 Un~hine ID : CHARTER COMMUNICATIONS Job number : 487 gate & Time : Apr-l~ OZ:24pm Humber of pages : 001 5tart time : A~r-13 02:24~m End time : Apr-13 02:27pm P~s : OD0 St.~tue : N~ BO Job number : 487 / ~t~:La~O~J~[~//:~J:~ ]ay: ~ C-~J~,~.'c'~) ~ MAR. 1~.~001 10:~6~M BL~ DF_PT SEWRWI M~ch 13, 2001 D_escri~finn of EasemeiLt to 'be abandoned: The public u~ity and ~e ea~m loca~ on ~e east six (6) ~eet of Lot 2 ~d ~v ~st s~ (6) fc~t of Lot 3, Block 234, Scbasfi~ Highl~s U~t 6, less ~ no~ t~ (10) f¢~ ~of, ~eaflon of Ease~: 487 B~od Aven~e, Seba~, Flofi~ UTILITY: APPROVED: APPROVED/DEN]~ED BY: Steve Doyle, I.R.¢. Utilities DENIED: (sign FAX NO: 770-5143 DATE: CiTY Return to; Dorri Boswomh, City of Sebastian, (3~owth Management Department Fax No. (561) 589-2566. Cir7 of Sebastian 1225 M..ArN STREET [] SEBASTIA~N, FLORIDA 32958 TELEPI-IONE (56l) 589,5537 E FAX(561) 589-2566 _KE_QUE~T FOR AII.%NDO.NMENT OF ]~A.SENIENT March 13, 2001 D~crip..ti.o~n_of Easamant to be abandoned: The public utility and drainage easement located on the cast six (6) f~et of Lot 2 mhd the weft slx (6) feet cf Lot 3, Block 234, Sebastim~ Highlands Unit 6, less the noffi~em ten (10) feet thereof. Lo,'.ayjp. a_of Eaaement: 487 Bywood Avenue, Sebastian, Florida UTILITY: Ralph Brescia, City Engineer APPROVED: '/F/~ ~t? DENIED:_ FAX NO: 589-6209 D^rS: 3,, / COMMEbrrs: uo~.otu~ ~_g~ a~-~ ,%_8t~q',d ¢=7~~'r'' Ret2ml to: Dorri Bosworth, Ck7 of Sebastian, Grow'd: Management Department Fax No, (561) 559-2~66. Subject: Resolution No. R-01~32 Vacation of Easement- Swart Lot 99, Block 299, Sebastian Highlands Unit 11 Aff~ov~or Submitta Exhibits: 1) R-01-32 EXPENDITURE REQUIRED: None City of Sebastian, Florida Department Origin: Grow~ Management Date Submitted: 4/17/01 '~/J'" (TH) For Agenda of': 4/25/01 2) Site Map 3) StaffReport 4) Application 5) Utility Letters AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUMMARY This is a request for vacation of six (6) feet of the rear twenty (20) feet public utility and drainage easement located on Lot 99, Block 299, Sebastian Highlands Unit 11. The applicant wishes to construct a swimming pool and screen enclosure in this area. All utilities have recommended approval of this request. Adopt Resolution No. R-01-32 RECOMMENDED ACTION RESOLUTION NO. R-01-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER VACATING A CERTAIN EASEMENT OVER LOT COUNTY, FLORiDA, 99, BLOCK 299, SEBASTIAN HIGHL'ANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a swimming pool and screen enclosure on Lot 99, Block 299, Sebastian Highlahds Unit 11 within the City of Sebastian; and / WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of a portion of the rear public utility and drainage easement of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The northernmost six (6) feet of the southeffanost twenty (20) feet of Lot 99, Block 299, Sebastian Highlands Unit 11, less the wes~ six (6) feet and the east six (6) feet thereof, as recorded in Plat Book 7, Pages 56 - 56L, 0fthe Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian RiVer County, Florida. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. This records of Indian River County, Florida. Section 4. EFFECTIVE DATE. immediately upon its adoption. The foregoing Resolution was moved The motion was seconded by and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. resolution shall be recorded in the public This resolution shall take effect for adoption by Councilmember Councilmember The Mayor thereupon declared this Resolution duly passed and adopted this ,2001. CITY OF SEBATIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Att,o_~ey ti, lC~1 I I ABANDONMENT OF EASEMENT Staff Report Project Name: Requested Action: Property of Richard & Martha Swart Abandonment ora portion of the rear public utility and drainage easement located on the north six (6) feet of the south twenty (20) feet of Lot 99, Block 299, Sebastian Highlands Unit 11, less the west six (6) feet and the east six (6) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 268 Concha Drive Lot 99, Block 299, Sebastian Highlands Unit 11 Richard & Martha Swart 302 Hart Terrace, #B Sebastian, FL 32958 Project Description: a. Daniel J. Brognano Ameron Homes, Inc. P. O. Box 780874 Sebastian, FL 32978 Narrative of proposed action: Applicant wishes to abandon the north six (6) feet of the south twenty (20) foot public utility and drainage easement on Lot 99, Block 299, Sebastian Highlands Unit 11, in order to construct a swimming pool and deck b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: House under construction Utilities Comments: a. Florida Power & Light: b. Southern' Bell: c. Charter Communications: d, Indian River County Utilities: e. City Engineer (drainage): Growth Management Director CommentS: Staff Recommendation: approved approved approved approved approved none Approve Resolution R-01-32 Prepared by Permit Application No. City of Sebastian Development Order Application Applicant (ff not owner, ~ritten authorization ~otarized} from owner is mcluimd) Name: AMERON HOMES INC _ ~ddre~ PO BOX 780874 SEBASTIAN FL 32978-0874 'Pho~aNumber.( 561) 589 ' 1299 FA~Nu~ber. ~61 ) 589' E-Mail: SEBASTIAN FL 32958 FAX Numbec ' Owner (If different fi.om applicant) Name: RICHARD AND MARTHA SWART -Add~s: 302 HART TERRACE UNIT B ' PhOne Nu~nber._ (561) 532 9190 1304 E~Mail: IType of permit or action requested: ~ /~6/~NID~/Id~iL.q- oF- ~~~. P~$E COMP~ ONLY ~OBE 8EC~ON~ WHICH ARE NECESSARY FOR ~6 P~MIT OR AC~ON ~ YOU ARE REQUE~NG. COPIES OF ALL ~PS, BURV~S, D~NG~, ~C. ~ 8E A~ACHED AND 81/[" ~Y 11" COPIES OF ~ A~ACHMENTS ~HALE 8E INCLUDED. A~ACH ~E APPRQPRIA~ 8UPPer.AL [NFQR~QN IA. Projem's N~e (~ appii~able): - - 268 CONCHA DR SEB~TIAN L~: Bloc~ Un~: Su~sion: 99 299 11 SEB~TIAN H~GHLA~S I~ian ~ver Coun~ Pa~l ~ 3~-38-25-00001-2990-00099.0 Z~nin~ Cla~i~en:- F~um Land Use: RS-lO SINGLE FAMILY H0:~E ~ng Use: Pmp~ U~: VA~A~ LA~ SINGLE FAMILY C. D~cdption of proposed ~ and pu~e ~f~e mqu~ed p~ or a~on (a~ch ne~): T0 ENCROACH I~0 ~,0' E~EME~ BY APX 6' ~O~ Co~S~~ DATE RECEIVED: q../~/~ I FEE PAID: $ /00, 00_ RECEIVED BY:~ Al=~roved: 0~/27/g7 [ Rev~si$m DeYe[opmeflt AppficeEon A~R. ~.8001 8:~0A~ B~DG D~PT SEBASTIAN NO. ~8 ~mn"n~ AppliCon No. D, project Person~nel: Agent: AMERON HOMES INC Name: PANIEL _I BROGNAN0 Addms~ PO Phone Number, ( E-Mail: BOX 780874 SEBASTIAN 561 589 1299 FL 32978-0874 FAX Number. - ; 561 ) 589 1304 Attorney; .. Name: Address Phone Number. ( E-Mail: Engineer:. Name: Address Phone Number. ( B-Mail[ Su~yo~: Name: Address Phone Numben ( ' BTMail: NAME oF NOTARY {/~iSSION NoJEx~A~ON -FAX Numar: ( ) - --FA.~ Number. ( ) DANIEL W TALBOTT V, PROFESSIONAL SURVEYOR ~ MAPPER 2066 14~. AV SUITE 102-D VERO !BEACH FL 32960 561 569-8884 _, - J, iO_..,hO.~'~ L. '~,,...,oc.,._r .-~- , 8F_ING FIRST DULYb~A/O~N, DEJ3OS~ANO SAYTHAT: /""-"[ AM THE OWN~ I AM TH~ L~GAI. R~P~ESI~NTAT1VE OF THE OV~NER OF THE PROPERTY Q~SORIB;D WHICH 1.~ T1-tl~ SU~J;CT MAI'T~R OF THIS APPUI:LATJ~t~NO THAT' ALL TH,~ INFORMATIQN, MAPS, DATA ~ND/OR , · - , ....-~.~.",. Rovtno Mi;helle B~rkley ^s,O~N'nnc,,'no~, ~H,~. ,',AY o~ ,4~/~'/ /-' ,_te._..1_~oo / -,,,,,,,,,,. J pa~e 2~3 j Revision: Devilment A~pl~eatien P~rmit Appli~tion No. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans, conditional use permif_s, special use pernlit~ variances, exceptions, and appeals. L/W~, ~ THE OWNER(S) THE L~C=AL REPRESENTATIVE OF THE OWN~=R OF TN~- PROPERTY DESCRIBED WHICH IS THE SU~JL;CT OF THIS APPMCA~QN, HEREBY AUTNORIZE .EACH AND ~VER¥ M~MBER OF THE ~(3ARDJCOMI~IISSlON OF TNE C~TY QF SEBAa'~tAN ~IE 'E~OARI~"rCOMMIS$1ON"~ TO PHYSI~LLY ENTER UPON THF. PROFERTY AND ~IEW THE PROPE]~TY IN CONNECT]ON W1TH MY/OUR PENDING A~PIJCAI'ION. L/~VE H~RF-~¥ WArv~ ANY OBJECT~ON OR DEF~--NS~- I/WE ~Y HA~, DU~ TO ~ QUA$1~UDICIAL NACRE OF THE ~EQCEE~IN~8, R~SULTING ~OM ~ B~E~/~OMMIS~IQN M~E~ EN~RING O~ ~NG ~E PROP~, INCLUDING ANY C~IM 0R A~ON ~T ~/OUR PEOC~U~L QR SU~AN~ DUE PROCESS RIGHTS UNDER ~E FLORIDA CONS~ON OR ~ UN~D ~TA~S CONS~ON ~R~ ~O~ BY ~UCN SN~ING OR VI~IN~, THIS WA~-~qD CONSEN_T IS ~NG .~IGNI~D ~Y MF__Jus VOLUNTARILY AND NOT AS A Rc_-~ULT OF ANY COERCION APPLJI=D, OR '.~tGNATUR~ J ~ ' DATE who ~ pemonally kno~ as iden~fi~tio~, this Pdnt~ Name of Nota~ Commi~ion No.~pi~ion Seal: I ~rn"~ I Pa~/e 3 of 3 Revi~'on: Nam'e: Doe I=ermit Application N~, Supplemental Information Easements, vacation of Describe the easement to be vacated (Provide a legal des~ption, if possible): -- [ Why is this vacation of an easement be lng request? . A~ach a survey showing the location of the property lines, all easements and all structures on the property. ~ [ ~r~n cO. zoo~ L-Approved: 8/27/97 Hie Narn~: $ieasev CTR PA6E ~1 ]22~ I~.iN ~I~ET E~ SEitASTL~. FLOtUDA TELt~HON~. (~l) 5~-~537 r~ FAX ($61) April 4, 2001 · ~ 0f ~ s~ ~ (20) f~ of Lot 99, ~I~ 2~, S~i~ less ~e west six (~ ~Ot md ~o oa~t e~ (6)f~ ~et 268 Con~ ~ve, Sobmd~, Tlorld~ COMMENTS: FAX NO: (561) 4119-6224 R~larl~ to; BellSouth Telecommunications, inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947-4552 @ BELLSOUTH Billie C. Gmenlie! 6eneral Manager-Network Operations Indian River Division 561 468 9970 Fax 561 466 4705 Date: April 5, 2001 Dorfis Bosworth City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: VACATE EASEMENT Dear Ms. Bosworth: Per your request, BellSouth has no objection to the described herein: abandonment of the utility easement The public utility and drainage easement located o1~ the north six (6) feet of the south twenty (20) feet of Lot 99, Block 299, Sebastian Highlands Unit 11, less the west six (6) feet and the east six (6) feet thereof. : We have no facilities within this portion of said utility easement. For further assistance please contact Kirk Walker at (561) 468-5538. Yours truly, ~'Billie C. Oreenlief General Manager cc: Kirk Walker City of Sebastian 1225 MA.IN STREET [3 $tlBASTIAN, FLORIDA 32958- TIiLEPHONIi (561) $89-5537 [] FAX (561) $89-2566 ~____Q~ST FOR ~DO~NT OF EAS~~ April 4, 2001 of]Easement to._be abando, t~: Thc public mflt'cy and ~~ ~~ north six (6) f~ of ~c s~ ~ (20) fee~ of Lot 99, Blo~ 299, Hi~ds Unit [ 1, less tim ~st dx (~ fe~ ~ ~e east s~ (6) feet ~cof, Location ~,f'Easem~nt: 268 Coneha Drive, Sebastian. Florida UTILITY: Ken Vi~rs, Charter Communications APPROVED: ~PROV~~D BY. CO~gNTS: FAX NO: DATE: 559~872 l~turn m: Dorri Bosworth, City of-qebastian, Growth Management Dergm-tment Fax No. (561) 589-2566. City of Seba _~.'an 1225 MAIN STREET D SEBASTIAN, FLORIDA 3295S TELEPHONE (561) 589-5537 E FAX (561) 589-2566 REOU'EST FOR AtiANDONM ENT OF,EAS~,MtzNT ARH1 4, 2001 ~ D~cri~on of Easement to b~abandgne_d: ~ pubic ~H~ ~d ~age e~ement loca~d on ~e no~ s~ (6) feet of ~e sou~ ~ (20) feet of Lot 99, Block 299, Sebaz~an Ribands Unit ~ 1, less ~e west sk (6) fe~t ~ the east s& (6) ~et ~ereo~ !~oeaflon of Easemqn~t: 268 Coneha Drive, UTILITY: APPROVED: X APPROVED/DENIED BY: COMMENTS: ~ebastim~, Florida Kevtn N. Osthus, I.R.¢. Utilities DENIED: FAX NO: DATE: 770-5143 l'<eitlri1 to; Dorri Bosworth, City of Sebastian, i Growth Management Dcpm'crnent Fax No, (561) 589-2566, City of S~baztia~ 1225 ~ STKEET ~ SEBASTIAN, FLORIDA · TELEPHONE.(~61) 589-5537 [~ FAX (561) 589-2$66 .lt~OUE~__T FOR ABANDONMElX~T Ol~ EASEL~NT April 4, 2001 DescriR~ian cf Easement to be_abandoned: The public uEIi~ and c~-a~e e~zeme~t located on fl~e north six (6) feet of ~e south twcnry (20) ftc: of Lot 99, Block 299,, Sebaz6an Highla~nd~ Umit 1.1, tess the we~ six (6) feet ~md ~hc cast six (6) feet thereof. Location of Easement: 268 Concha Drive, Sebastian, Florida UTILITY: l~lph Brescia, City Engineer FAX NO: 589-6209 APPROVED: ~<~ APPROVED/DENIED BY: COMMENTS: Do,ri Bo~w9~l, City of Sebastian, Orov~ Mm-m~m~nt Dvpm'u'ncnt Fax No. (561) 589-2566. HOME OF PEUCAN I~LAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Extend Memorandum of Understanding Between City of Sebastian and Indian River County Sheriff's Office for Davis' Services as interim Police Chief Department Origin: City Manager i'~.,.~~d for Su~by: City Manager Date Submitted: 4/19/01 /~~"'"~'"~:r/ ~ ' "' For Agenda of: Exhibits: eMUemorandum of Understanding, SO Letter 4112101 Expenditure Required: Amount Budgeted: (Remaining) 4/25/01 Appropriation Required: SUMMARY STATEMENT A Memorandum of Understanding between the City of Sebastian and the Indian River County Sheriff's Office for the temporary assignment of Captain Jim Davis as Interim Police Chief for the City of Sebastian was approved by City Council to commence on January 29, 2001 for a ninety day period. Recruitment for the Police Chief continues and it is therefore necessary to extend Captain Davis' services for an additional two months. Sheriff Roy Raymond concurs with the extension to June 29, 2001. RECOMMENDED ACTION Move to authorize extension of the Memorandum of Understanding between the City of Sebastian and Indian River County Sheriff's Department for Captain Jim Davis' services as Interim Police Chief to June 29, 2001. 4055 41 st AVENUE April 12, 2001 ROY RAYMOND · INDIAN RIVER COUNTY MEMBER FLORIDA SHER}FFS' ASSOOIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION VERO BEACH, FLORIDA 32960-1808 PHONE (561) 569-0700 Mr. Terrence Moore, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Moore: / in accordance with the Memorandum of Understgnding, it is agreeable with us to continue the temporary assignment of Captain Davis to perfom the duties of Interim Police Chief for the City of Sebastian Police Department until June 29, 2001. If we may be of any other assistance to you and t2~e City, please do not hesitate to call. Sincerely, Roy Raymond, Sheriff RR:mej cc: Interim Chief James A. Davis The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for LaW Enforcement Agencies, Incorporated MEMORANDUM OF UNDERSTANDLNG BY A_ND BETWEEN ROY KAYMON-D~ SKIER_IFF OF INDL4_N KIVER COUNTY A_ND ~ C1TY OF SEBASTLa2q This agreement is entered into between the Sheriff of Indian River County (referred to as IRCSO) and the City of Sebastian (referred to as City) agreeing to temporarily azsign Captain James A. Davis to perform the duties of Interim Police Chief for the City of Sebastian Police Department consistent with the job description attached hereto as Exhibit A. This temporary assi,.~'nraent will be effective for a ninety (90) day period commencing on Janua:y 29, 2001. This temporax~j assignment may bc extended upon mutual written agreement of the pa'ties. The City agrees that all operations of its Police Department axe consistent with applicable federal, state, and local codes, regulations, ordinances, laws, and statutes. In the performance ofkis duties as Interim Police Chief, Captain James A. Davis will remain subject to IRCSO Policies and Procedures and will not be obligated to perform any act or omission that would violate any existing I~,.CSO Polices and Procedures during the term of the Agreem~t, even if they conflict with the City's ex/sting pohces. IRCSO agrees to continue to pay all salary and benefits for Captain Davis duzing the period of this temporary assignment. Captain Davis will continue to accrue IRCSO seniority during this period. The City agrees to pay [RCSO $6,200 per month for the services of Captain Davis to be paid each month on the 30m day a~er execution of this agreement. The City will provide City Police Department employees with an organizational chart and written notification of the scope of authority and responsibilities of Captain Davis, as Interim City Police chief. The City agrees to provide all written documents, contracts, policies and procedures to Captain Davis, which are necessary for him to perform the functions of Interim City Police Chief. Captain Davis shall report directly to the City Manager on issues related to the position of Interim City Police Chief. Captahu Davis will remain employed by IRCSO during the term of this Memorandum of Understanding and shall not be an employee of the City for any purposes, including salary, insurance, benefits, etc. Therefore, the parties recognize and acknowledge that Captain Davis will continue to meet bis reduced employment responsibilities to IRCSO. Captain Davis will continue to complete assigned Sheriff's Office matters at the rate of one S-hour work day per week on each Wednesday or as 10. 11. modified by mutual agreement.. It may b~come necessary to vary the day Captain Davis works on Sheriffs Office matters to assure that such responsibilities do not interfere with his temporary position as Interim City Po-ice Chief. The City further agrees te provide a vehicle to be used by Captain Davis during the term ofth/s Memorandum of Understanding. ~ Ether party may terminate this Agreemem without cause, upon providing the non- terminating party with ten (10) days writtcn not/ce of subh termination. INDIAN RIVER COUNTY SHERIFF'S OFFICE Roy Ra2bh'mnd, Sheriff Approved as to form_ ~d~legal sufficie.~y~ By:SUbject~ f/f~~~~"'~t°' ex~ parties: J. .~.; G.~Kus§ell Petersen, General Counsel Date: Date: CITY OF SEBASTIAN Approved as to form and legal sufficiency subject to execution by the parties: By: ~ Rich Stringer, City Atto~J~y Date: Date: City of Sebastlan~ Florida Subject: Renewal / Voluntary Agenda No. Cooperation and Operational Assistance Mutual Aid Agreement t A~~ov'ld for Sq~~,,~ Manager T~rrence R~eloore Department Origin: _ General Services: Paul Wagner Date Submitted: 04-19-01 For Agenda off 04-25-01 Exhibits: Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY APPROPRIATION REQUIRED: -0- Since 1990, the City of Sebastian has been engaged in a Mutual Aid Agreement with the Indian River County Sheriff's Office. Attached is a renewal of the Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement between the City of Sebastian and the Indian River County Sheriff' s Office permitting voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and also provides for the rendering of assistance in a law enforcement emergency. RECOMMENDED ACTION Move to approve and authorize the Mayor, to execute the renewal of a Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement between the City of Sebastian and the Indian River County Sheriff's Office. CO~IN~D VO~.~S CO0~-R~O~ mrn O~.RA~TO~ WITNESSETH WHEREAS, THE SUBSCRIBING LAW ENFORCEMENT AGENCIES ARE SO LOCATED IN RELATION TO EACH OTHER THAT IT IS TO THE ADVANTAGE OF EACH TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO: ,i (1) (2) CONTINUING, MULTI-JURISDIC~ PROTECT THE PUBLIC PEACE A' PROPERTY OF THE CITIZENS; ~ INTENSIVE SITUATIONS, INCL% MANMADE DISASTERS OR EMERGE FLORIDA STATUTES; AND, WHEREAS, THE INDIAN RIVER COUNTY SHERI !IONAL CRIMINAL ACTIVITY, SO AS TO ID SAFETY, AND PRESERVE THE LIVES AND ID, 'DING, BUT NOT LIMITED TO, NATURAL OR ~CIES AS DEFINED UNDER SECTION 252.34, FF'S OFFICE AND THE CITY OF SEBASTIAN HAVE THE AUTHORITY UNDER SECTION 23.12,.FLORIDA STATUTES, et seq., THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A COi4BINED MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH: (1) PERMITS VOLUNTARY COOPERATION AND ASSISTANCE OF A ROUTINE LAW ENFORCEMENT NATURE ACROSS JURISDICTIONAL LINES; AND, (2) PROVIDES FOR RENDERING QF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTIONI: PROVISIONS FOR VOLUNTARX COOPERATION EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER INTO THIS AGREEMENT WHEREBY EACH OF THE ~GENCIES MAY REQUEST AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER IN!DEALING WITH ANY VIOLATIONS OF FLORIDA STATUTES TO INCLUDE, BUT NOT NECES~]ARILY BE LIMITED TO, INVESTIGATING HOMICIDES, SEX OFFENSES, ROBBERIES, BURGLARIES, THEFTS, GAMBLING, MOTOR VEHICLE THEFTS, CONTROLLED SUBSTANCES VIOLATIONS, DUI VIOLATIONS A_ND WITH BACKUP SERVICES DURING PATROL ACTIVITIES, SCHOOL RESOURCE OFFICERS ON OFFICIAL DUTY OUT OF THEIR JURISDICTION, SCHOO~ SAFETY OFFICERS ENFORCING LAWS WITHIN 1000 FEET OF A SCHOOL, AND INTER-AGENCY TASK FORCES AND/OR JOINT INVESTIGATIONS · I S~CTION II: PROVISIONS FOR OPERATIONAL!ASSISTANCE EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER INTO THIS AGREEMENT WHEREBY EACH OF THE iAGENCIES MAY REQUEST AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, DEALING WITH CIVIL DISTURBANCES,! LAW ENFORCEMENT EMERGENCIES, LARGE PROTEST DEMONSTRATIONS, AIRCRAFT DISASTERS, FIRES, HURRICANES, TORNADOES OR OTHER WEATHER-RELATED CRISES, SPORTING EVENTS, CONCERTS, PARADES, ESCAPES FROM DETENTION FACILITIES, AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS iN NEED OF ASSISTANCE AS SET FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR HIS/HE~ DESIGNEE FROM WHOM SUCH ASSISTANCE IS REQUESTED. THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL EVALUATE THE SITUATION AND THE AGENCY'S AVAILABLE RESOURCES; CONSULT WITH HIS/HER SUPERVISORS IF NECESSARY AND WILL RESPOND IN A MANNER HE/SHE DEEMS APPROPRIATE. THE AGENCY HEAD IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED MAY DETERMINE WHO IS AUTHORIZED TO LEND ASSISTANCE IN HIS/HER JURISDICTION, FOR HOW LONG SUCH ASSISTANCE IS AUTHORIZED AND FOR WHAT PURPOSE SUCH AUTHORITY IS GRANTED. THIS AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTICULAR SITUATION DICTATES. SHOULD A SWORN LAW ENFORCEMENT OFFICER BE IN ANOTHER SUBSCRIBED AGENCY'S JURISDICTION FOR MATTERS OF A ROUTINE NATURE, SUCH AS TRAVELING THROUGH THE JURISDICTION ON ROUTINE BUSINESS, ATTENDING A MEETING OR GOING TO OR FROM WORK, OR TRANSPORTING A PRISONER, AND A VIOLATION OF FLORIDA STATUTES OCCURS IN THE PRESENCE OF SAID PARTY, REPRESENTING HIS/HER RESPECTIVE AGENCY, HE/SHE SHALL BE EMPOWERED TO RENDER ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE WITH LAW. SHOULD ENFORCEMENT ACTION BE TAKEN, SAID PARTY SHALL NOTIFY THE AGENCY HAVING NORMAL JURISDICTION AND UPON THE LATTER'S ARRIVAL, TURN THE SITUATION OVER TO THEM AND OFFER ANY ASSISTANCE REQUESTED INCLUDING, BUT NOT LIMITED TO, A FOLLOW-UP WRITTEN REPORT DOCUMENTING THE EVENT AND THE ACTIONS TAKEN. THIS PROVISION SO PRESCRIBED IN THIS PARAGRAPH IS NOT INTENDED TO GRANT GENERAL AUTHORITY TO CONDUCT INVESTIGATIONS, SERVE WARRANTS AND/OR SUBPOENAS OR TO RESPOND WITHOUT REQUEST TO EMERGENCIES ALREADY BEING ADDRESSED BY THE AGENCY OF NORMAL JURISDICTION, BUT IS INTENDED TO ADDRESS CRITICAL, LIFE-THREATENING OR PUBLIC SAFETY SITUATIONS, PREVENT BODILY INJURY TO CITIZENS, OR SECURE APPREHENSION OF CRIMINALS WHOM THE LAW ENFORCEMENT OFFICER MAY ENCOUNTER. NO OFFICER OR APPOINTEE SHALL BE EMPOWERED UNDER THIS AGREEMENT TO OPERATE IN THE OTHER AGENCY'S JURISDICTION WITHOUT PRIOR APPROVAL OF THE AGENCY HEAD HAVING NORMAL JURISDICTION. THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL. SECTION IV: CO~%ND AND SUPERVISORX RESP(~NSIBILITX THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING AGENCY HEAD SHALL BE UNDER THE IMMEDIATE COMMAND OF A SUPERVISING OFFICER DESIGNATED BY THE ASSISTING AGENCY HEAD. SUCH SUPERVISING OFFICER SHALL BE UNDER THE DIRECT SUPERVISION AND COMMAND OF THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE AGENCY REQUESTING ASSISTANCE. CONFLICTS: WHENEVER AN OFFICER, DEPUTY SHERIFF OR OTHER APPOINTEE IS RENDERING ASSISTANCE PURSUANT TO THIS AGREEMENT, THE OFFICER, DEPUTY SHERIFF OR APPOINTEE SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND REGULATIONS, PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF HIS/HER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION, PERSONNEL POLICY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE IS CONTRADICTED, CONTRAVENED OR OTHERWISE IN CONFLICT WITH A DIRECT ORDER OF A SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUCH RULE, REGULATION, PERSONNEL POLICY, GENERAL ORDER OR PROCEDURE SHALL CONTROL AND SHALL SUPERSEDE THE DIRECT ORDER. HANDLING C(/~PLAINTS: WHENEVER THERE IS CAUSE TO BELIEVE THAT A COMPLAINT HAS ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS IT MAY PERTAIN TO THIS AGREEMENT, THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE REQUESTING AGENCY SHALL BE RESPONSIBLE FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM: 2. 3. 4. THE IDENTITY OF THE COMPLAINANT. AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED. THE.SPECIFIC ALLEGATION. THE IDENTITY OF THE EMPLOYEES ACCUSED WITHOUT REGARD AS TO AGENCY AFFILIATION. IF IT IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING AGEN~ THE ABOVE INFORMATION, WITH ALL PERTINENT DOCUMENTATION GATHERED DURING THE RECEIPT AND PROCESSING OF THE COMPLAINT, SHALL BE FORWARDED WITHOUT DELAY TO THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE ASSISTING AGENCY FOR ADMINISTRATIVE REVIEW. THE REQUESTING AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO DETERMINE IF ANY FACTUAL BASIS FOR THE COMPLAINT EXISTS AND/OR WHETHER ANY OF THE EMPLOYEES OF THE REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S POLICIES OR PROCEDURES. SECTION V: LIABILITY EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT TO THIS AGREEMENT, AGREES TO ASSUME RESPONSIBILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS AGREEMENT, SUBJECT TO THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE APPLICABLE. SECTION VI: POWERS, PRIVILEGES, ~ITIES AND COSTS a. EMPLOYEES OF INDIAN RIVER COUNTY SHERIFF'S OFFICE AND THE CITY OF SEBASTIAN WHEN ACTUALLY ENGAGING IN MUTUAL COOPERATION AND ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL LIMITS BUT INSIDE THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES, HAVE THE SAME POWERS, DUTIES, RIGHTS, PRIVILEGES AND IMMUNITIES AS IF THEi EMPLOYEE WAS PERFORMING DUTIES INSIDE THE EMPLOYEE'S POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED.! b. EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT, RESOURCES, AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER PARTY TO THE AGREEMENT AS SET FORTH ABOVE; PROVIDED, HOWEVER, THAT NO PARTY SHALL BE REQUIRED TO DEPLETE UNREASONABLY ITS iOWN. PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES, AND SERVICES IN FURNISHING SUCH MUTUAL AID. c. A POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT MUST BEAR THE COST OF LOSS O4 DAMAGE TO THAT EQUIPMENT AND MUST PAY ANY EXPENSE INCURRED IN THE OPERATION A~D MAINTENANCE OF THAT EQUIPMENT. d. THE AGENCY FURNISHING AIb PURSUANT TO THIS AGREEMENT SHALL COMPENSATE ITS APPOINTEES/EMPLOYEES DURING THE TIME SUCH AID IS RENDERED AND SHALL DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS EMPLOYEES WHILE THEY ARE RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR COMPENSATION DUE TO PERSONAL INJURY OR iDEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID. HOWEVER, THE iREQUESTING AGENCY MAY COMPENSATE THE ASSISTING AGENCY DURING THE TIME OF THEiRENDERING OF SUCH AID AND SHALL DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF SUCH EMPLOYEES WHILE THEY ARE RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR COMPENSATION AS A RESULT OF PERSONAL INJURY OR DEATH WHILE SUCH EMPLOYEES ARE RENDERING AID PURSUANT TO THIS AGREEMENT. e. THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS, ORDINANCES AND RULES, AND ALL PENSION, iNSURANCE, RELIEF, DISABILITY, WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO THE ACTIVITY OF AN EMPLOYEE OF AN AGENCY WHEN PERFORMING THE EMPLOYEE'S DUTIES WITHIN THE TERRITORIAL LIMITS OF THE EMPLOYEE'S AGENCY APPLY TO THE EMPLOYEE TO THE SAME DEGREE, MANNER, AND EXTENT WHILE ENGAGEID IN THE PERFORMANCE OF THE EMPLOYEE'S DUTIES EXTRATERRITORIALLY UNDER THE PRQVISIONS OF THIS MUTUAL AID AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID, VOLUNTEER, AND AUXILIARY EMPLOYEES. f. NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING SUPPLEMENTAL APPROPRIATIONS FROM THE iGOVERNING AUTHORITY HAVING BUDGETING JURISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY ACTUAL COSTS OR EXPENSES INCURRED BY THE ASSISTING AGENCY PERFORMING HEREUNDER. g. NOTHING IN THIS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE PARTY HERETO TO THE OTHER. SECTION VII: LIABILITY INSURANCE EACH PARTY SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE BY ONE OR MORE OF THE MEANS SPECIFIED IN SECTION 768.28(15) (a), FLORIDA STATUTES, IN AN AMOUNT WHICH IS, IN THE JUDGMENT OF THE GOVERNING BODY OF THAT PARTY, AT LEAST ADEQUATE TO COVER THE RISK TO WHICH THAT PARTY MAY BE EXPOSED. SHOULD THE INSURANCE COVERAGE, HOWEVER PROVIDED, OF ANY PARTY BE CANCELED OR UNDERGO MATERIAL CHANGE, THAT PARTY SHALL NOTIFY ALL PARTIES TO THIS AGREEMENT OF SUCH CHANGE WITHIN TEN (10) DAYS OF RECEIPT OF NOTICE OR ACTUAL KNOWLEDGE OF SUCH CHANGE. SECTION VIII: FORFEITURE PROVISIONS a. IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR VEHICLE, AIRCRAFT, CURRENCY OR OTHER PROPERTY PURSUANT TO THE FLORIDA CONTRABAND FORFEITURE ACT DURING THE PERFORMANCE OF THIS AGREEMENT, THE AGENCY REQUESTING ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL ASSISTANCE AND THE SEIZING AGENCY IN THE CASE OF VOLUNTARY COOPERATION SHALL BE RESPONSIBLE FOR MAINTAINING ANY FORFEITURE ACTION PURSUANT TO CHAPTER 932, FLORIDA STATUTES. THE AGENCY PURSUING THE FORFEITURE ACTION SHALL HAVE THE EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY TO MAINTAIN THE PROPERTY IN ACCORDANCE WITH CHAPTER 932, FLORIDA STATUTES, TO INCLUDE, BUT NOT BE LIMITED TO, THE COMPLETE DISCRETION TO BRING THE ACTION OR DISMISS THE ACTION. b. ALL PROCEEDS FROM FORFEITED PROPERTY SEIZED AS A RESULT OF OR IN ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN THE PARTIES, LESS THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION. SECTION IX: EFFECTIVE DATE THIS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROVAL BY THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL JANUARY 03, 2005. UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING. SECTION X: CANCELLATION ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATION WILL BE AT THE DIRECTION OF ANY SUBSCRIBING PARTY. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE DATE SPECIFIED. IEAN POLICE DEPT. ROY H. RAYMOND SHERIFF INDIAN RIVER COUNTY SHERIFF'S OFFICE Date 4-- IT- ol WALTER BARNES MAYOR CITY OF SEBASTIAN SALLY MAIO CITY CLERK CITY OF SEBASTIAN Date Date ,I ACORD, CERTIFICATE OF LIABILITY INSURANCE --PRODUCER (954)723-0939 (954)723-0942 Risk Management Associates ~ZZ0-.51:ate Road #84 Suite 300 ,..~.] b ~: ~{~L~GE ~'E?~ 'J~ Ft. Laude~dale, FL mSU.E~ 5ebss~ian, City o{ INSURER B: 1645 Palm Beach Lakes Bv ~480 ~NSUR~C: ~est Palm Beach, FL 33401 mSU~E~D: COVERAGES DATE (MM/DD/YY) O3/Zi/ZO01 THIS CERTIFICATE IS ISSUED AS A MAT~ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Coregis Insurance Company THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLl 3IES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSN pOLiCY EFFECTIVE PO%i~;Y EXPIRATIOn' ._LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YY) DATE. (.MM/DD/YY) LIMITS GENERAL LIABILITY 6~1-011248 ~10/0:l/2000 10/01/2001 ~ACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire} __J CLAIMS MADE XL~J OCCUR MED EXP (Any one person) $ A X Employee benefits PERSONAL&ADVINJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/0P AGG $ -'~L PDUCY ~JECTPRO' I LOC -- AUTOMOBILE LIABILITY 6~1-~3.3.248 ~.0/0~L/Z000 '10/0'1/2001 COMBINED SINGLE LIMIT ~'- ANY ALJTQ (Be accident) __ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) A - __ HIRED AUTOS BODILY INJURY NON-OWNED AUTO~ (Per accident) PROPERTY DAMAGE $ (Per a~cident GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ '~ANY AUTO OTHER THAN EA ACC AUTO ONLY; AGGJ --~ DEDUCTIBLE RETENTION $ - WC STAT0- ~ OTH- WDI~KERS COMPENSATION AND LTORY L MITSI ER EMPLOYERS' LIABILITY E,L, EACH ACCIDENT $ E,L DISEASE - EA EMPLOYEE $ E.L, DIsEAsE - POLICY LI~,IIT LIMIT= $ I, 000,00b ~0D100089 ~0/03./2000 10/03./2001 OTHER PUBLIC .OFFICIALS LIAB. A 1,000,000 50,000 5,00~ 1~000,000 3,000,000 3,000,00~ 2,o00,'0o0 DESCRIPTION OF OPEEATIONSILQCATiONSIVEHICLESI~¢LUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ABOVE LIMITS ARE INCLUSIVE OF A $~00,000 PERSON/$20OiO00 OCCURRENCE COVERAGE PER F.5.765.~8. EXCESS COVERAGE APPLICABLE TO "CLAIMS BILLS", OUT-OF-STATE AND FEDERAL 3URISDICTION CLAIMS ONLY AS RESPECTS CDL LICENSES, INCLUDING THIRTY DAYS PRIOR ~R~'TTEN NOTIFICATION OF CANCELLATION TO FLORIDA DEPARTMENT DF TRANSPORTATION, CERTIFICATE HOLDER ACORD 25-S (7/97) ADDITIONAL INSURED; INSURER LETTER; CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH~ LEF% BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ~ ©ACORD CORPORATION 198~ PRODUCER (954)723-0939 FAx Risk Management AsSOCiates 8220 StaZe Road #84 Suite 300 Fi, Lauderdale, FL 33324 Attn Todd Higley INSURED Sebastian, City of c/o Gehring Group :L645 Palm Beach Lakes Bv #480 West Palm Beach, FL 33401 A C, ORD,, ': CEiR I'iFi CATE OF .'PR O.P ERTY :.]NS!UiRA'N CE i: ?... (954)723-0942 F. xt DATE (MM/DD/~) 03/21/2003_ THIS CERTIFICATE IS ISSUED AS A MA1 fER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. : COMPANIES AFFORDING COVERAGE · "'" ................ ........................................................... A COMPANY B COMPANY C COMPANY D CO TYPE OF INSURANCE LTR X PROPERTY CAUSES OF LOSS BASIC BROAD A SPECIAL EARTHQUAKE FLOOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. : ; POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS POLICY NUMBER DATE (MM/DD/YY} DATE IMMIDD/YY) 65i-011248 10/01/2000 10/01/2001 ' BUILDING '$ INLAND MARINE TYPE OF POLICY CAUSES OF LOSS NAMED PERILS OTHER CRIME TYPE OF POLICY BOILER & MACHINERY OTHER PERSONAL PROPERTY $ BUSINESS INCOME i $ E, XTRA EXPENSE ~ $ BLANKET BUILDING $ BLANKETPERS PROP ' $ BLANKET BLDG & PP i,..~. ................... .[..!-.~..~.~..~'..~.~.~., '$ .$ ;$ $ $ $ CL3.~ATIO~ OF PREMISES/DESCRIPTION OF PROPERTY LDING AND CONTENTS AT ALL INSURED LOCATIONS, SPECIAL CONDITIONS/OTHER COVERAGES AS RESPECTS CITY TO ACT AS A THIRD PARTY EXAMINER FOR CDL LICENSES. SUB3ECT TO POLICY TERMS, CONDITIONS, EXCLUSIONS AND ENDORSEMENTS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRI'~rEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Lr:FT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS AUTHORIZED REPRESENTATIVE- · IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). : DISOI~AIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or prbducer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the ~2overage afforded by the policies listed thereon. ACORD 25-$ (7~97) ISLAND City of Sebastian~ Florida Subject: Amending City Code Chapter 30, Article Ii Licens~/~.. . Approved foCbmi~,J2~anager Exhibits: Agenda No. Department Origin: Finance.~ Date Submitted: April 18, 2001 For Agenda of: April 25, 2001 Ordinance O-01-08 Amending Chapter 30, Article II Licensing. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A N/A APPROPRIATION REQUIRED: N/A SUM3~ARY On March 28, 2001, the first reading of this ordinance was presented to the City Council. As part of an ongoing review and analysis of various City codes, it was determined that following the reorganization of the licensing function to the Finance department that many administrative changes needed to be made to the Code. The purpose of the changes is to clarify responsibilities, i.e. who is the responsible individual for issuing licenses and the appeals process, increase fees (or decrease as the case may be) via statutory authorization contained in Section 205.0535, F.S. and clarify occupations subject to the tax and remove redundancies. To summarize the process, the City reviewed the occupational license code for responsibilities and made the appropriate changes. In addition, the City reviewed other Cities for input into additional language to further strengthen the code as well as provide for procedures and fees which have periodically turned up which had no guidance. Following this process, we implemented the statutorily authorized five percent (5%) increase in all fees, except one, since there had been no increase since the code's original adoption on June 14, 1995. Florida Statutes specifically provides for the ability to adopt bi-annual increases of five percent (5%) in the occupational license tax. The one exception to the increase was to decrease the Real Estate Agent license tax to one-half that of a Real Estate Broker. In addition, there were four (4) scrivener errors on Page 11 of the Ordinance where the new rates were not included and the old rates were not lined through. Specifically, the following lines were corrected - Golf Course to 63.00, Golf Driving Range to $63.00, Motion picture theater to $63.00, and Rinks, skating to $105.00. RECOMMENDED ACTION Move to adopt Ordinance O-01-08. ORDINANCE NO.O-Ol-08 AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, Chapter 3 0, Article II LicenSing of the Code of Ordinances for the City of Sebastian constitutes Occupational Licensing; and WI:IEREAS, the Occupational Licensing function and responsibility has been transferred to the Finance department; and WFIEREAS, numerous administrative changes are necessary to reflect the transfer of responsibility; and WFIEREAS, Section 205.0535 (4) authorizes each municipality the authority to increase, by ordinance, the rates of occupational license taxes by up to five percent every other year; and WI-IEREAS, there have been no rate adjtlstments to the occupational license taxes since adoption on 6/14/95. ' NOW, THEREFORE, BE.IT ORDAINE~ BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 30, Article II. Licensing of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Article II. Licensing Sec. 30-27. Definitions. Sec. 30-28. Persons subject to license. Sec. 30-29. Required. Sec. 30-30. Disagreement as to classification; appeal. Sec. 30-31. Term of license; when fee due; half year license for new businesses; delinquencies. Sec. 30-32. Separate license for each businesa:; F~lling into more than one classification. Sec. 30-33. Change of location; ~,-. Transfer of license to new ownerLDulfficate license: fees. Sec. 30-34. Transfer of 4icense to new owner; foe. IHalf-vear license; fees. Sec. 30-35. Applications. Sec. 30-36. Evidence of engaging in business. Sec. 30-37. Exemptions. Sec. 30-38. ;Renewal notices; nonreceipt of notice no defense. Sec. 30-39. Duty of officers, agents of corporation; individual liability. Sec. 30-40. Duty of city oterk director of finance to keep records. Sec. 30-41. Updating applications. Sec. 30-42. Preservation and display of licenses. Sec. 30-43. Issuance of license not prima facie evidence of ability to conduct business. Sec. 30-44. No refund of fee; exception. Sec. 30-45. Effect of preemption by state; obstruction of streets, sidewalks, public places. Sec. 30-46. Penalty for violation of article. Sec. 30-47. Recovery of attorney's fees, etc. Sec. 3048. City not liable for damages for losses from revocation. Sec. 30-49. Special requirements for carnivals, circuses and other amusement attractions. Sec. 30-50. Fee for businesses not specifically included in schedule. Sec. 30-51. Fee schedule. Sees. 30-52--30-75. Reserved. ARTICLE II. LICENSING* *Editor's note-Ordinance No. O-95-11, § 1, adopted June 14, 1995, amended §§ 30- 27--30-52 by replacing them with new §§ 30-27--30-51. Formerly, such sections pertained to similar provisions and derived from §§ 14-2-14-19, 14-21--14-29 of the 1980 Code; Ord. No. O- 92-22, § 1, 10-14-92. Cross reference(s)--Jurisdiction of the code enforcement board, § 2-178; alarm system licenses, § 39-29. State law reference(s)--Local occupation license taxes, F.S. ch. 205. Sec. 30-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: I Applicant means any person desiring to obtain a license under the provisions of this article. Business means any activity, enterprise, p in by any person for gain, benefit, advantage or Ii' enterprises whether performed in one or more est~ including departments of an establishment operate of this article, a business not-for-profit shall be in, otherwise exempted. rofession or occupation performed or engaged relihood, and shall include all such activities or blishments by one or more organizational units, ,,d through leasing arrangements. For purposes ,quded within the terms of this definition unless Chief executive officer means the city manager and/or his designee. Classification means the business a persoh has been designated to fall w/thin under the schedule provided for in this article. Contractor means any person: (0 Accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of building materials; (2) (3) (4) (5) (6) Accepting or offering to accept orders or contracts to do any paving or curbing on sidewalks or streets, public or private property, requiring the use of appropriate materials or any compositions; Accepting or offering to accept orders or contracts to excavate earth, rock or material for foundations or any ptlrpose; Accepting or offering to accept orders or contracts for building, remodeling, repairing, wrecking, razing or demolishing any structure; Accepting or offering to accept o~ders or contracts for moving any building; or Accepting or offering to accept orders or contracts for the installation, maintenance or repair of signs, afl conditioning apparatus or equipment; whether such work is done or offered to be done by day labor, general contractor or subcontractor. Every person engaged in the business of accepting or offering to accept orders for contracts for do~g any work on or in a building or premises, involving erecting, installing, altering, repairing, servicing or maintaining electrical lines, shall be deemed tO be an electrical contractor. Every person engaging in the business of plumber or steamfitter shall be deemed to be a contractor. Every person engagedlin the business of creating a building for the purpose of selling or renting such building, and making no contract with a duly licensed contractor for the erectio: of such building, whether or not such person 3i contracts with one or more duly licensed contractors for one or more portions but does not contract with any one person for all the work of erecting any one of such buildings, shall be deemed to be a contractor if he shall build more than any one house in any one year. Director offinance means the director of finance for the city or his designee. Farmer means those described in F.S. § 205.064. Fee means those charges established by the city council contained within the schedule of this article, as such charges may be amended from time to time by Ordinance, and promulgated pursuant to the authority conferred upon the city by F.S. ch. 205, or any successor thereto, for the privilege of doing business in the city. License means the document granted by the city under the provisions of this article and required of any person before such person can engage in any business within the city. Professional shall be any oerson whose occupation rerLuires soecial and advanced education or skill~ such as attorneys, 0hvsicians and dentists: and any person who offers services regulated bv state or federal government who is required to demonstrate some level of competency as a condition to offering oersonal services. A oerson "offers services" for purooses herein if that person provides service directly to the customer client of the business in which that oerson is emoloved: if the oerson's labor is intended to directly benefit such customers or clients; or if that person is a principle in the business. Temoorarv means to operate a business for a oeriod of five days or less. Transitor~ means to be oassing through or ooeratiny._for a single Ouroose and not ooeratin~ on a temoorarv basis. Sec. 30-28. Persons subject to license. A fee for the privilege of engaging in or managing any business w/thin the city is hereby levied on: (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and (3) Any person who does not qualify under the provisions of subsections (1) and (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such license fee is not prohibited in section 8 of article 1 of the United States Constitution. Sec. 3.0-29. Required. ' No person shall engage in any activities for which a license is required by this article, unlesg such person has a valid occupational license issued by the city. No person shall knowingly make ~ false statement in the license application as to conditions or facts upon which the fee is based: Sec. 30-30. Disagreement as to classification; appeal. If there is a disagreement between the applicant and the city on the question of proper classification for any person or business licensed or to be licensed, the city clerk director of finance shall decide the proper classification with the right of the applicant to appeal the decision to the city manager, whose decision upon the point shall be final. / Sec. 30-31. Term of license; when fee due;-lmlt~year license for new businesses; delinquencies. ~ (a) All licenses shall be sold by thc city b~ginning August 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. Licenses that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each subsequent month o£ delinquency until paid. However, the total delinquency penalty may not exceed 25 l~ercent of the occupational license tax for the delinquent establishment. , (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a local occupational licenSe, if required, is subject to a penalty of 25 percent of the license due, in addition to any other penalty provided by law or ordinance. (c) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, an{ a penalty of up to $250.00. (d) Any person who knowingly makes a f~lse statement in the license application as to conditions or facts upon which the fee is based is ~ubject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collections efforts, and a penalty of up to $250.001 (e) Any person who engages in or manages any business, occupation or profession covered in this chapter after revocation of the occUPational license for such business, occupation, or profession, is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. ~ (f) ¥4otations of this article are under the !urisdiction of the code enforcement board. 5 Sec. 30-32. Separate license for each business. A separate license shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any business for which a license is required by the ordinances of the city, even though such separate business is conducted within or upon the same premises. When any occuoation, business or profession shall fall into more than one of the classifications contained in the schedule set forth in Section 30-SL_such occupation, business or orofession shall comolv with the license requirements of each classification. Sec. 30-33. Change of location; Transfer of license to new owner; Duplicate license: fees. Upon written request and presentation of the original license, any license may be transferred from one location in the city to another location within the city upon comoletion of an application and payment of a transfer fee of 10 oercent of the annual license tax, but not less than $3.00. A license may be transferred to a new owner when there is a bona fide sale of a business uuon uavment of a transfer fee of 10 uercent of the annual license tax, but not less than $3.00, and presentation of evidence of the sale and the oriffinal license. Duolicate licenses shall be issued upon written request and uoon oavment of a duplicate license fee of 10 percent of the annual license tax, but not less than $3.00. Sec. 30-34. Transfer of license to new owner; fee. Half-3~ear license: fees. Aqicense may be transferredlo a new (}~wter when there is a bona fide sale of a business upon payment of a transfer fee of $3.00 and preser~tation-of evidenoe of the sale md-the original The fee for new licenses issued from April 1, through September 30, shall be one- half the regular annual license tax. Sec. 30-35. Applications. (a) All applicants for licenses requiring approval of the city manager shall submit their applications to the city clerk director of finance not less than two weeks prior to the commencement of the proposed activity or function. (b) Any person applying for an occupational license to practice any profession regulated by the department of business and professional regulation, or any board or commission thereof, must ~rddbi~ orovide proof of an active state certificate, registration, or license, or proof of issuance of the same. (c) Any person applying for an occupational license or a transfer of an existing license must present a copy of the applicant's current fictitious name registration issued by the state div/sion of corporations or a written statement signed by the applicant setting forth the reason that the applicant need not comply with the Fictitious Name Act. (d) Any person applying for an occupational license to operate a pharmacy must exhibit a current permit issued by the board of pharmacy. Occupational licenses are not required in order to practice the profession of pharmacy. (e) Any person applying for an occupational license t~operate a phamaa~ must exhibit a om-rent permit issued by the-board of pharmacy. Oeoupationa-14~eenses are not required in order to practi0e the profession of pharmacy. Any person_aool~/in~ for an occuoational license who will be ooeratin~ a business subject to State and/or federal regulations shall furnish I~roof of licenses and/or ~ermits and/or letter(s) of exemotion to ooerate same. (f) A~y per-son applying ~or an oe0upatiorlal license t~-operate-an adult congregate-living facility parsuant to F.S. ch. 400 shall fumish proofofissuanee cfa li0gnse from the department of health and rehabilitative sel~ioes. (g) Any person applying for an oecupat4o~al license to operate a pest control business regulated by F.S. Ch. d g2 shall furnish proof of issuance of a license from the department of agriculture and consumer services for each business location in the city. (h)-Any person applying for an occupational license-to operate a health studio pursuant to F.S. §§ 501.012 through 501.049 or a ballroom dance studio pursuant to F.S. § 501.4~43 shall exhibit a-o~rt-ent 1-i~en~e, registration, or letter of e~emption from-the dep~t-of agriculture and consumer services. (-i) Any person applying for an oceupationhl license to engage in business as a seller travel pursuant to F.S. ~-559.927-shall exhibit a em'rent registration or letter of exemption from the department of agriculture and consumer services. (j) Any person applying fer-an oooupat4en~l license for the operation of a telemarketing business under Section 501.604 and 501.608 Flori~la Statutes ~hall eah4bit a current license or registration from the-Department of-Agriculture arid Consumer Services or a current affidavit of exemption, Sec. 30-36. Evidence of engaging in business. The advertisement of any business by sign, newspaper, magazine, telephone listing, or other public notice shall be conclusive evidence of the engaging in and carrying on of the business in the city so advertised and shall be required to obtain an occupational license. Sec. 30-37. Exemptions. Any person entitled to exemption under the laws of the Sstate of Florida shall be exempt from payment of fee to the city. If a fee exemptioE provision ap~ies, a license must still be applied for and approved. (1) (2) Veterans must be at least ten percent disabled to qualify for exemption. However, in no case shall a person be entitlOd to an exemption in excess of $$0,00. Nothing in this article shall be cor~strued to require any farmer to procure a license to sell farm, ao/aatmtturalaOua cultural, grove, horticultural, floricultural, tropical piscultural or tropical fis~ farm products, or products manufactured 7 therefrom, except intoxicating liquors, wine or beer, within the city, if such products were grown or produced by such farmer within the state. (3) No license shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the proceeds are used exclusively for the organization. (4) Any person engaging in or managing a business, profession or occupation regulated by the department of business and professional regulation who has a permanent business location or branch office outside the city, who has paid an occupational license tax for the current year to the county or municipality where such permanent business location or branch offices maintained, and who performs work or services in the city on only a temporary or transitory basis shall be exempt from the provisions of the article. Sec. 30-38. Renewal notices; nonreceipt of notice no defense. The city clerk director of finance shall send out annual renewal notices to all businesses holders tha~hold of an occuimtional license no later than August 1. Failure to receive such notice will not be considered a justifiable defense for nonpayment of any fee or late fee. Sec. 30-39. Duty of officers, agents of corporation; individual liability. It shall be the duty of all officers and agents of any corporation to ensure that such corporation complies with the provisions of this article and all officers of any corporation required by this article to be licensed shall be personally subject to the penalties imposed by this article where any corporation fails to pay the fee and obtain a license required by this article. It shall be the responsibility of any real estate agency, brokerage house, or other firm of any description to ensure that each agent, salesperson or broker affiliated with such firm complies with timely payment of the individual tax as specified in this article. Failure to do so will subject the firm to fines as may be imposed by the code enfor-cemem board this Code. Sec. 30-40. Duty of city-clerl~ director of finance to keep records. The city clerk director of finance shall keep a complete record of all licenses issued, showing the nature of the license, the date of issuance, the date of expiration and to whom it was issued. Sec. 30-41. Updating applications. The city cleric director of finance is authorized to require updated license applications. Sec. 30-42. Preservation and display of licenses. All licenses granted by the city shall be carefully preserved and displayed in a conspicuous place and be visible in the place of business authorized to be conducted by such license. Sec. 30-43. Issuance of license not prima facie evidence of ability to conduct business. 8 All businesses are subject to city zoning restrictions. The issuance of a license under this article does not constitute the only authorization required to conduct a business in the city. It shall not give a person the legal right and authority to canduct any business in violation of any law, and in such event, no refund of the license fee shall be authorized. Sec. 30-44. No refund of fee; exception. No portion of any fee assessed by this article shall be refunded except when such fee is collected by mistake or error. Refunds shall not be made after the license period for which the erroneous payment was made has expired. Sec. 30-45. Effect of preemption by state; obstruction of streets, sidewalks, public places. Nothing in this article shall be construed to interfere w/th the regulation or taxation of any person in business against whom the right of taxation has been preempted by the state or as giving to any person the right to obstruct the streets, sidewalks, or other public places in the city. Sec. 30-46. Penalty for violation of article. Any person violating any of the provisions of this article shall, upon hearing thereof, be subject to a fine as may ha imposed by the code enf~mement board civil actions and l~enalties~ includine court costs, reasonable attoruev fees, additional administrative costs incurred as a result of collection efforts~ and a ~}enalt-v of u~ to $250.00. Sec. 30-47. Recovery of attorney's fees, etc. If the city initiates legal proceedings against any person to enforce any provision of this article, including appellate proceedings, the city shall be entitled to recover reasonable attorney's fees, court costs, and such additional costs as the court shall deem appropriate. Sec. 30-48. City not liable for damages for losses from revocation. The city shall not be liable for any loss, monetary or otherMse, due to the revocation of a license. Revocation of license shall require the business to cease operation in the city. The revocation of license shall continue until such time as the violations that caused the revocation are certified by the city manager director of finance ~s having been corrected. The following shall constitute grounds for revocation of a license. (1) A determination by the city manager director of finance that any statement contained in the application for a license is false. (2) The licensee has violated city or c~ounty ordinances or laws of the state in the practice of business for which such license is issued. (3) The licensee fails to comply with boning, fire prevention and code enforcement ordinances of the city after reasonable notice shall have been given to the licensee to eliminate or correct any condition in violation of such ordinances of the licensed premises. Sec. 30-49. Special requirements for carnivals, :ircuses and other amusement attractions. A carnival, circus, or any amusement attraction shall meet the additional requirements listed in this section before a license will be issued: File with the city clerk a sworn affidavit from the owner or lessee of the property upon which the attraction is to be held stating that permission has been granted to use the property for such purpose. (2) Furnish a bond, collateral or other security in the mount of $1,500.00 $2~500.00 for any expense the city may incur in cleaning all rubbish and debris from the premises used by the attraction. (3) Obtain approval in writing of the zoning, fire prevention and code enforcement divisions of the city. (4) File with the city clerk director of finance a written statement from the county health department that the facilities for selling food, foodstuffs or drinks for human consumption are satisfactory. (5) File with the city clerk director of finance proof of active liability insurance in the amount of $100,000.00. (6) Furnish the city police department a list of names of all managers, employees, and all other persons connected or working with all or any portion of the attractions, their permanent address, social security numbers and any other information requested by the police chief. Sec. 30-50. Fee for businesses not specifically included in schedule. Every business, fixed or temporarily engaged in by any person, whether in a building or tent, or upon a street, vacant lot, or anywhere within the city not specifically designated in the article, shall pay a fee of $60.0n~ $63.00. Sec. 30-51. Fee schedule. The schedule for license fees charged in the city shall be as follows: AMUSEMENT/ENTERTAINMENT: Bars or restaurants w/th entertainment for patrons .... fi0~00 $63.00 Dance area in lomage-or restauraat (with council approval) .... 60.00 Dance hall or ballroom (with council approval) .... 60,99 63.00 Entertainment establishment or facility (permanent) .... 60.00 63.00 Animal show or ride: .... 60.00 First day .... 60.00 Each additional day .... 30.00 10 Arcade operators, in addition to stickers to coin operated machine fee .... g4h00 31.50 Carnival: Bach, per week or fraction thereof .... 60.00 Each, per day....-60.00 Billiards, pool in addition to coi_n operated machine fee: .... 60.00 63.00 Bowling alley: Per year .... 60.00 Golf course .... 60.00 63.00 Golf driving range .... 60.00 63.00 Miniature golf .... 60.00 Motion picture theater: .... 60.00 63.00 Indoor, initial screen ....60.00 F~aoh additional screen .... 30.00 Outdoor....-60.. Museum .... 60.00 63.00 Parades (must be approved by air Riding academy .... 60.00 )0 manager) .... 60.00 Shooting galleries .... 60.00 Shows: For traveling shows of all kinds, except when performed in local theater-s, including-moving picture shows and/or vaudeville, when under tent or other4vi, e. (Must be approved by city manager) COIN-OPERATED MACHINES: Per day .... 30.00 Sports places and arenas .... 60?0 Wrestling or boxing: To promote !or hold wrestling or boxing matches .... 60.00 Sightseeing vehicles, per vehicle and Tr~sportation for hire (taxi, limo, boat) .... 40.90 63.00 ' Charter boat for fishing, diving, sightseeing, parasailing, water-taxi or similar activities riding dev/ces, other than coin-operated (per vehicle) .... 20.00 31.50 Amu~ment park operator .... 50.00 In addition, for each device, shoW, exhibition or other form of diversion or amusement .... 10.00 : Rinks, skating .... 1OO.OO 105.00 Coin-operated machines, non-laundry, per unit Any person or firm who leases or rents or places under any kind of arrangement, and coin-operated machine, except checking lockers, toilet locks and U.S. stamp machines, shall pay a fee for each machine .... I0.00 10.50 Public scales .... 10.~0 Coin-operated machines, laundry, per unit Laundromat, self-service .... ~0.00 31.50 FINANCIAL INSTITUTIONS: Banks .... 60~ 63.00 Credit association/union (firm or corporation) .... 6¢:00 63.00 Credit card company .... 6IX00 63.00 Loan company, broker, person, firm or corporation .... 60.00 63.00 Savings & loans association .... 60.00 63.00 Each ATM not located on main vretnises... 31.50 FOOD SERVICE ACTIVITIES: .... 50.00 63.00 Delicatessen: Merchant .... ~0.0~n 63.00 Delicatessen, as part of another business such as a grocery store, etc ..... 6000 63.00 Restaurants, must provide license from the division of hotels and restaurants, department of business and professional regulation (private boardinghouse, five chairs or less exempt-) .... 60.00 63.00 No seats (take out, deli, catering) Catering services .... 50.00 63.00 Snack bars and fast food services which maintain no seats .... 60,00 63.00 Drive in, added to regular restaurant lioe~e/~f combined .... 60.00 ice cream-and cold drink stand .... 30.00 toe peddling vehicle, each (health department license requir~g).. ·. 30.-00 Mobile truck (food vendor) .... 60,00 63.00 12 Seating (in addition to the above fees) Seating one to 15 ....-l-g,:00 10.50 Seating 16 to 40 .... 20.'20 21.00 Seating 41 to 60 .... 90.00 31.50 Seating 61 to 120 .... 40~ 42.00 Seating 121 and over .... 50.00 52.50 GAS STATION: All gas stations, including those offering repairs and other accessory uses; does not include convenience stores Service station, gasoline .... ~O.O0 63.00 Per pump .... 20.00.21.00 HOSPiTAL: Hospitals, sanitarium or nursing home_s, adult congregate care facilities operated fcr ~rc, fit (must possess approval by state Iboard of heat~d license from state) .... 90.00 94.50 I INSURANCE: Companies writing any class of insurance upon any person or property residing or located within the city limits or risks occgrring within the city limits Insurance or bonding agent (state license ~equired) .... ~O.OO 63,.00 Insurance or bonding company (state liee~ tse required) .... ~O.OO 63.00 Insurance salesperson .... fiO.OO 63.00 Insurance adiuster .................................. 63.00 MANUFACTURiNG/PROCESSING: All manufacturing or processing business to include: Aircraft kit ....6000 63.00 Boat builder ....~0~00 63.00 t~lottling works .... 60.00 Custom t-shirts .... 604~ 63.00 Dairies ....-30.00 Factories ,:r~ nn 63.00 Ice cream manufacturers (health department lieen~,e required) .... 60.00 ~ manufacturers(health department license reqmred) .... 60.00 13 Manufaotur~r, ~vhen-performed by individual .... 60.00 Manufacturing, od,,er-(manufacmring, producing, processing assembly of apparel and accessories, chemical and allied products, metals, glass, plastics, electronics, shell novelties and other manufacturing) .... 60:00 63.00 tg~bile home-manufacturers .... 60.00 Paoldng house (doing private order business)... .60.00 Pulpwood-dealers .... 60.00 Tire and recapping service .... 50.00 63.00 NEWSPAPER OR MAGAZINE PUBLISHERS: News bureau (representing newspapers published outside of the city) .... 50.00 63.00, Daily publication Newspaper (four or more published per week) .... 50.00 63.00 Periodical publication Newspaper (weekly, biweekly or monthly) .... 64h00 63.00 Commercial property rental (mall, shopp/ng center or any other property owner renting or leasing space to five or more commercial tenants, including booth tenants on a single parcel), per rental unit Apartment rental .... 29.99 3!.50 Each individual rental .... 2.99 3.15 Storage and warehouse, public .... 20.99 31.50 Each additional unit .... 2.09 3.15 Office rentals .... 29.99 31.50 Each additional unit .... 2.99 3.15 Motet/hotet/T~imeshare/guest house/bed and breakfas,, per unit .... 3O~OO 31.50 Boardinghouses, hotels, motelsa and lodging house, euest house/bed and breakfast...$31.50 Plus, per unit after first (must provide license from division ofhote4s and restaurams, depamnent of business and professional regulations), per room .... 2.99 3..15 Campground or mobile home park or trailer camp .... 50.00 63.00 14 Each rental unit within the park .... 5.00 5.25 Tourist camps or courts .... 50.0~ 63.00 Each guest room (per un~) .... ~ 5.2.__.~5 Trailer camps, RV parks .... 60.0O 63.00 Per space .... 5~00 5.25 Motor driven rental items (including mopeds, jet~4s .iet skis, tools) .... 60:00 63.00 Vehicles for hire (rent-a-car, courtesy car! etc.) .... 60~ 63.00 Aircraft .... 6O.0O 63.00 Boat rental .... 20.99 31.50 Trailer, U-Haul .... 60:00 63.001 Non-motor driven rental items (including ibicycles) .... 50.00 63.00 Equipment rental .... 69~00 63.0~ RETAIL, MAIL ORDER OR WHOLESALE sALEs: .... ~9~90 63.00 Aircraft sales .... 60.09 63.00 Appliances: stoves, refrigerators, dishwashers, dryers, air-conditioners, heating, etc., dealers or agents and service .... ~,, .... 63.00, Art shops, supplies, lessons .... 50.00.6~.00 Automobiles: New/used vehicles, agency/deale~, each location .... 60.00 63.00 Service station, does not include mechanic service Repair shop, per station. !... ~O.OO 63.00 Automobile parking lot (parking space re~tal): 2,000 square feet or less .... 5~.0¢ 63.00 Over 2,000 square feet .... 60.00 Auto parts, '.::~ and accessories .... 60~ 63.00 Auto aoeessories .... 60.00 A~a~o parts sales ....60.00 Bait, live ....49.99 63.00 15 Bakeries, retail or wholesale .... 60~ 63.00 Bicyole dealer/rent and/or sales .... 30.00 Boat sales .... 5O.OO 63.00 Book agents or canvassers (taking orders or selling books or magazines) resident .... 60~ 63.00 Boot, shoe repair and shine shop ....59.09 63.00 Bottled water sales distributor .... 60,00 63.00 Building materials or supply dealer .... 6¢~ 63.00 Business machines: Cash registers, typewriter, etc., sales, rentals and service only. Not to include office supplies .... 61X00 63.00 Ceramic shop .... ~O~0 63.00 Check cashin~ stores ..... 63.00 Cold storage, bulk-storage .... Dealer-s, seoondhand .... 60.00 Fertilizer: Agent o~ dealership .... 60.00 Fireworks, wholesale or retail .... ~O.OO 63.00 Flea market .... 60.00 Florist ....49,00 63.00 Fruit-and vegetable stand .... 60.00 Furniture dealer .... ~ 63.00 Gas distributors: bottled .... ~O.00 63.00 Grocery store .... fie.e0 63.00 Gunsmith: Repair and sales when in connection with another business with police department approval .... ~0.eO 63.00 Jewelry shop .... S0.00 63.00 Lumberyard .... 5O.0O 63.00 Mail order business, each person, company or ~ firm, etc ..... 60~00 63.00 16 Marine supplies .... 59.90 63.00 Merchants, itinerant .... 59.99 63.00, Merehants, storekeepers, etc ..... 60.00 Mobile home sales .... 69.09 63.00 Monumcmt & tombstones (dealer or agentI for) .... 69,09 63.00 Mower, dealer, rental and/or sales .... 694~ 63.00 Newsstand .... 59.99 63.00 Nursery (trees, plant, shrubbery, etc.) .... 50.99 63.00 Office supplies and/or office furniture (with business supplies sold as adjunct to) 60.00 63.00 / Security: Security & guard service, electr6nic surveillance, alarm systems, etc ..... 59.00 63.00 PhotofimshingPhoto finishing: Pielcap station (when-operated not in oormection with another business) .... 59.09 63.0~ Photographers.~ .......... 31.50 Resident .... 30.00 Itinerant or transient- .... -60.00 For the purpose of this su'oseotion, an itinerant or transient photographer is defined as one who not regularly maimam his studio or ptaee of business in the city where the work of photographing, enlarging, ~opying, or coloring is eondueted. Bach agent or eanvasser or soliOitor representing an itinerant photographer shall pay the lioense fee for-solicitors-under this article Popoom or peanut stand .... 60.00 Safes: For sale-or exchange, eaoh agent..;.. 60.00 Satellite systems/sales or service .... 60~ 63.00 Seafood dealers: Wholesale .... 2e.99 31.50 Retail .... 39,99 31.50 Both Secondhand dealers (to buy or sell secondhand merchandise, clothing, furniture, etc.)... .60.00 63.00 Selling (when not specifically covered herein) persons selling magazines, bibles, encyclopedias, and other publications shall pay fee) .... 69.09 63.00 ghowroom-only .... 60.00 Sign shop .... 50.99 63.00 Television/VCR/stereo, etc. sales and repairs .... 69.99 63.00 Trading stamps: to engage in the business of selling or furnishing to merchants or others, cheok~, tickets-or stamps, aommonly lmown as trading stamps, on the terms of agreement to redeem4hem by exchange of goods, wares or merchandise for them or otherwise .... 60.00 Video sales and rentals .... 60.99 63.00 Water sales and dispenser rental .... 60.99 63.00 Window treatment sales and installation .... 69.99 63.00 SERVICES: Professional real estate salesperson, massage-therapist, per person .... 60.00 Bath, public (mrldsh, swedish or mineral) or health center .... 60.00 Financial consultant .... 69.90 63.00 Laboratories (state license required) dental, chemical, etc ..... 60~9 63.00 Land investment .... 60.00 Masseur (require~state license) Massage Theral)ist .... 60.00 63.00 Midwives (no license issued-until-e, ertifioate issued within the year fi-om the state board of health is submitted) .... 60.00 Private investigator ....60~00 63.00 Private/Charter school .... 69.09 63.00 Real estate appraiser .... 69,90 63.00 Real estate broker .... 60.09 63.00 Real estate salesperson .................. 31.50 18 Schools (such as dancing, business or commercial, beauty or barber, music, physical education, tiding, driving, telegraph, etc.) .... 60,00 63.00 Professional attorney-or any other-grate o_-'-Ftoridaqioensed professionaYnot listed in (12-)(a)-above, per person .... 60,00 Auditors ....60:00 63.00 Bondsmen ....60~90 63.00 Dentist .... 60.00 Directory, city (to engage in cornI copies required by the cit. Physician .... 60.-00 dling city directory), required to furnish all .... ~O.OO 63.00 Professionals (attorneys, architects, dentist~ opticians, computer programmers, certified public accountants, electrologists, engineers, naturopaths, oculists, chiropractors, osteopaths, physician, electriotherapists, veterinarians, and any other :',:c~ State of Florida licensed professionals) by firm and per professional .... 60~00 63.00 All other physicians and dentists ... 60~00 Property management .... 604X1 ~3.00 Psychiatrist .... 60.00 Surgeon .... 60.00 / Surveyor (must have valid oertifi~ate of registrat4on issued by slate) .... 50.00 63.00 / Well driller .... 50.00 63.00 General service provider not listed in abo~e, per business .... 60.00 63.00 Accounting/bookkeeping/auditing firm or person, certified or non-certified .... 60.00 63.00 Advertising: Agents or agencies Writing advertisements for profit .... 50.00 63.00 Aircraft, flying schools or flight l~ssons ....69.99 63.00 Aircraft service .... 6O,~ru3 63.00 Animal boarding .... 60.00 Animal boarding, grooming an~ 'or training .... 60~ 63.0,0 Answering service .... ~ 63.00 Artists .... 60~00 63.00 Astronomers, where fee is charged .... 6000 63.00 Auto vehicle wrecker service .... 50.00 63.00 Auto body shop .... 60~00 ,6.3..00 Auto repair shop .... ~0.00 63.00 A~:tz window tinting .... ~0:0~ 63.00 Bicycle repair only.... 90.00 3.1.50 Blueprinting, photostat, map survey .... 60.00 63.00 Boat builder .... 60.00 Boat canvas sale/repair .... 60~00 63.00 Brass & copper refinishing .... 60.00 63.00 Burglar alarm oompany .... 60.00 gus t~rminal .... 60.00 Business advisor or consultant .... ~ 63.00 Business Office ................................. 63.00 Cabinet or carpenter shop .... ~9.99 Cabinet, carpenter, upholstery sho~ .... 69.99 63.00 Carpet and upholstery cleaners .... ~9.90 63.00 Child care, nurseries, preschool, day care centers .... 60~ 63.00 Claim and collection agencies .... ~9.99 63.00 Computer services/sales .... 69,99 63.00 Contractor: .... 59.99 63.00 General building .... 59.99 63.00 Street paving .... ~9.99 63.00 20 House moving & wrecking .... 59.99 63.00 Subcontractor: Including but not limited to carpentry, painting, roofing, sheet metal, electrical, concrete construction, masonry, plastering, lathing, clearing, grading, etc ..... fiO.99 63.00 Copy service .... 50.00 63.00 Custom framing .... 60.00 63.01! Danoi~ag ~ohools .... 60.00 ~ Decorator, interior .... 6iX00 63.00 Delivery servioe .... 60.00 Deteotive agenoy: Fee for agenoy .... 6t).4)0 Drafting service .... 59.99 63.00 Dressmaking shop/tailors .... 6~ 63.00 Employment agency .... 60.00 63.00 Delivery/Express companies.., i 60~ 63.00 Exterminator, termite & pests (m¢st provide health dept. license) .... 60.00 63.00 Fence sales and installation .... 50.0¢ 63..00 Funeral home (including undertaking and embalming) (stale lieens~ r~lui~d)... . 60.00 63.00 ' ! Glass, plate: Installation ....~ .63.00, Golf club sales and repair .... 5~.00 63.00 Handyman .... 59.00 63.00 Hauling contractor: Per vehicle..i.. 60.00 63;.00. Health center (must possess approval by state board of health and licens~ from ~ .... 50.00 63.00 Home nursing/daily living care (not professional) .... fi0.00 63.00 House and condo sitting .... ~^ r~n 63.00 Hypnotist: Therapeutic or other than therapeutic .... 59.90 63.00 i.D. service, cards, fingerprints .... 60.00 Insurance adjuster .... 60.00 Janitor & commercial/residential cleaning service .... 60.90 63.00 Jewelry repair .... ~9~0 63.00 Kennels, animal .... 60.00 Land development ....604~0,63.00 Lawn Maintenance/Landscaping: Except contractors, architects, engineers or florists paying a city license tax as such .... `59.99 .63.00 Laundries, dry cleaners (with plant in city, pickup station with plant in city, pickup with plant out of city, or pickup service with plant out of city)... .69.99 63.00 Lawn maintenance .... 60.00 Locksmith or t~eysmithkev smith, each .... `59.99 63.00 Machine shop and/or welder .... `59.99 63.00 Maid service .... 69.09 63.00 Mercantile brol~e~/agent .... 60.00 Mer-ehand4se solicitors .... 60.00 Mobile home set-up .... `59.99 63.00 Mobile truck: .... '50.99 63..00 Auto repair .... 69.09 63.00 Car/mobile home washing .... `59.99 63.00 Equipment repairs .... 604~ 63.00 Mower, repair only .... `50.99 63.00 Muffler shop (only service-of-feted, sate and installation of mufflers) .... 60.00 Piano tuner .... 60.00 Pressure cleaning .... `59.99 63.00 Printing, job printing ....`59.90 63.00 22 Printing, job printing agent (not otherwise licensed) .... 60.00 63.00 t~ublic relations ....60.00 P~ablic scales, track weighing .... 60.00 Radio and T&rq-~pair .... 60.00 Real estate-broker .... 60.00 Real estatesalesma~agent, each ... 60.00 Reducing salon .... 69.99 63.00 i Repair of small appliances .... 61).00 Sanding and finishing of floors. 'i' ' 50.09 63.00 Secretarial/Tvl)in~ service .... 604~ 63.00 Security systems/alarms sales and installation .... 69.99 63.00 Septic tank cleaners .... 69.99 6~.00 Sewing machine/vacuum cleaner:]Dealers and/or agents & service .... 60:00 63.00 Shoeshine parlor .... 30.00 Each addition~l-sea-}....-3.00 Sign painters .... 60.00 63.00 Solicitors and canvassers, per year .... 60:00 63.00 Sprinkler systems, selling and/or installing .... 60.00 63.00 Stenographer, public and court reporter .... 61X00 63.00 Stocks & bonds, broker/firm or office .... 60430 63.00 Stocks & bonds, per agent or salegperson ....60.00 63.00 Tailors .... 60.00 Taxidermist .... 69.90 63.,00 · i Telegraph systems and compames .... 60.99 63.00 Tree surgery .... 60.99 63.00 Typing service ....60.00 Upholstery or furniture menders .... 60.00 Water, bottled ....60~00 63.00 Welder .... 60.00 Window cleaning .... 40:00 63.00 Pawnbroker .... !75.00 183,75 Fortuneteller, astrologers, astrologists, clairvoyant, mind reader, etc ..... 175.00 183.75 Barbershop, beauty shop, manicurist shop, cosmetologist shop: The business owner .... g0~00 31.50 Each non-employee licensed barber .... 3~n.~n 31.50 Each non-employee licensed beautician .... g0:00 31.50 Each non-employee licensed manicurist .... 3n~n~O 31.50 Any manicuris;-or cosmetologist who has paid a license fee for the period October 1, 1995 through September 30, 1996, at t_he-rate established ~hen chapter 30, article II, section 30 of the Code-of Ore;inaaees was adopted,-shall be entitled to a refund if the rnanicu14st or cosmetologist is authorized to-pay a lower fee-on the effective date of this ordinance. The application for refund must be made to the city clerk on or before September 30, 1996. The clerk shall compute the amount of the,refund by r-educing the fee to its current fee from the effective date of this ordinance until September 30, 1996. Each non-employee licensed cosmetologist .... g0:00 31.50 Each chair/station .... 3.00 3.15 TRANSPORTATION (EXCLUDING TAXICABS AND PEDICABS) Airlines, railroad companies .... 60.00.63.00 Truck lines: Receiving and/or delivery, freight or express .... 60d~ 63.00 Vehicles, including bus service and ambulance service .... 45g,00 157.50 Ambulance service (not voluntary) .... 90~ 94.50 Bus company .... 60.00 63.00 24 Handicap transport .... 90.00 94.50 UTILITY/COMMUNICATIONS Telephone, gas, cable television, solid waste pickup, telegraph and similar utilities Cable television company .... 4-54~ 47.25 Electric light and power company.... ~O.OO 63.00 Gas companies: Natural and bottled gas .... 9IX00 94.50 Telephone systems and companie~ .... ~5.OO 47.25 Television cable systems and companies .... 4-5~00 47.25 Water and sewer .... 20.00 31.5( Radio stations maintaining business offic~ NON-CLASSIFIED (not otherwise mentioned).. Sees. 30-52--30-75. Reserved. Section 2. herewith repealed. CONFLICT. within city .... 90.00 94.50 · ~0~90 63.00 All ordinances or parts of ordinances in conflict are Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected Md it shall be presumed that the City Council of the City of Sebastian did not intend to enact sucl~ invalid or unconstitutional provision. It shall further assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. ' Section 4. EFFECTIVE DATE. This Ordinance shall take effect April 1, 2001. The foregoing Ordinance was moved for adoption by . Moron was seconded by Council Member and, upon being put to a vote, the vote was as foll6ws: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majch{ 25 Jr. Council Member The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of April, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Rich Stringer, City Attorney 26 SECOND PUBLiC,HEARI'NG NOTICE The City of Sebastian is applying to the Florida Department of Community Affairs (DCA)'for agrant under'the NeighbOrhood Revitalization category in'.the amount of $600;000 Under: the small Cities Community Development. Block.Grant (CDBG) program. For each activity that is proposed, at 'least 70% of the. funds must benefit. Iow and moderate income persOns. The activities, 'dollar amounts and estimated percentage benefit to Iow and moderate income persons for which the Cityof Sebastian is applying are: Activity .Number and Name 001 Acquisition. 04c Flood..'& Drainage 13 Administration The proj Budget .LMl%.Benefit $ 50,000:00 at least 5'1% $502,000;00 ,.' at. least $1% $ 4j~,'0'00.00 improvements siana'Avenue area. - The City of. Sebastian plans to minimize displacement of ,,:,~,.~,ie.- ,-, ,;,,., a .resul{:..'of, 'Planned CDBG funded activities; 'if anY. Persons,am displaced 'as a .reSujf .,":, '.'m,.:? planned.:'acfi~/ifies:,..thb City -of' Sebastian .will assist sUch.Persons.in' tlie fOllowing manner! ,,Any Person/family .or business that is displaced 'will' receive ,relocation payments based on ,Uniform Act .reqUirements:'..` o~p,,3rtum,, ~o comment on the. apphcat~on w~ll be held at The public' hearing to pro, vide .citizen.~ n.,- ...... * ............ ""' ·" ' the SebaStian City Hall, '.,/:',iJr',,',?i ',~..~.,',r' ' ',,",~ .':",)(;'. 'r.. 7:00.p'rn,or as Soon ther(:,.,i;".,.',:' ";.;.; P¢'i:~;,~'b'-;:. draft copy. of parts of tt'( ,~:,,r; c;.; :,,;, .;I :,,)'.; ,,'.',u ,:l:,;: .for, review at that time A ,, ,, .':;):,,y ;; ',;.' application will be,made available at.the office' of the City Engineer,,' City of S,,,',.;,::r.,;'.:,:'.". ',:,;' through Fridayb."".vcn'-,"hc'h.".:.'.~, c; ¢.,.?.,¢ ,','l ,i,l!l ,'-::;,',~, I:", ',l:'i. more'than five ;.~ ,,'.:'~: ~'ni.~ r: :,.~ ::. ..", ".'. : , April. 30, 2001 ':~ ~ I~ .'. , ,r.,J:'. ;:~r..."., · ..... r',"~' ,"~'~ r'~':",.r,r'" ;,.r.' '.he application and the. public hearing . · ' ,: , ,., r-.. .,.., rl · ........,. contact the offl( ..... ~, ..... ~ _ ~ ...;.. ;... L...,.. ~....;;,... ,.. City of Sebastian,~'1225 M~'in Street, SebaStian, Florida 32958.: rFelephone 589-549~,:. ii.. '~i ' The public hearing is being Conducted'in a ~- ?.t[:r.'-:; .-:' aCCessible location. Any handica_p,p_ed Person required an interpreter for the headn", i.',' :'.'.,'.. ' '; t"'-.", ~...':., 'npa red.shOuld contact Mr. Brescias office at.leaSt'five calendar days Prior to the ..... ,j :,.". an interpreter will be provided. Any nor-F'"':"'" :;,'::'~k"'r: :'.'~'.'. wishing to attend the public:hearing .should contact Mr. Brescia s office at least five .... .-':. ~:r..,' :"~ ":; ':: :"~' meeting and a'language interpreter will be provided. To access a'~elecommunications De.vice :for Deaf Persons (TDD) please call (561) 589-5330.' Any handicaPped..Pe:rson.req'Uirlng Special.accomm°dation. at this meeting should contact,Mr. Brescia's office at .least 'five' calenda[.days:to'the meet, lng.. .... . Pur :suant to Section .102 Of the 'HUD Reform: Act' of i989','the'following disclosures will. be Submitt~al'to DCA With the application. The disclosures witl be.made available b~/the'City of Sebastian .and DCA for Public' inspection upon ~eq u'est, These disclosUres will..be made a~ailable fora minimum period for five years. 1. Qther Government (federal, state.and local).assistance to the project in the form of a gift, grant, loan, guarantee, insurance payment, rebate, subsidy, credit, tax, benefit .or any other form of direct or indirect benefits'by.source and amount; 2. The ide ntities and pecuniary interests of all developers,: contractors, or consultants.- involved in the application.for assistance or,in the planning or ~e project or 'activity; 3.' The. identities and pecumary interests of any ;.~.' ~::' ,...'...~'~'.c,....= .v I" ,., ~::~;;.,n~ary in the project that can reasonably be expecte'..I ~".. ,'.,. x,..' "..',.. ,..,. ...... ,, ,. ',.. ,.'.,' .... ", ,"~',., u' 10% of the reques (wh ~); · " ....... grant t icheveris Iowe ,... ' 4. For.those developers, contractors, consultants, property owners, or others listed in two (2) or'tliree (3) above which are corporations, or Other entities, the identification and pecuniary interest by corporation or entity of each. officer, director, princ~pa'l_ stockholder, or other' official of ~the entity; ' ' 5. The expected sources, of all funds to be provided to the project by each of the :. providers of those funds and the amount 'provided; and 6. The .expected uses of all funds by activities' and amount, Subject: Resolution R-01-33 Agenda No. Date Submitted: 04-17-01 For Agenda off 04-25-01 Exhibits: Proposed Resolution No. R-01-33 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY As part of the Florida Department of Community Affairs Community Development Block Grant process, the proposed Resolution No. R-01-33 authorizes the City Manager to submit an application to the Florida Department of Community Affairs for a Small Cities Community Block Grant. RECOMMENDED ACTION Move to adopt Resolution R-01-33 authorizing the City Manager to submit an application to the Florida Department of Community Affairs for a Small Cities Community Block Grant. RESOLUTION NO. R-01-33 A RESOLUTION OF THE cITy OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FEDERAL i FISCAL YEAR 2001 PROVIDING FOR REPEAL !OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFI~ECTIVE DATE. WHEREAS, The City of Sebastian desires to submit an application to the Florida Department of Community Affairs for a Small Cities Community Development Block Grant to benefit persons of low and moderate income. NOW THEREFORE, BE IT RESOLVEDI BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: Section 1. That the City of Sebastian hereby authorizes the filing of an application for a Neighborhood Revitalization Community Developmerlt Block Grant; and Section 2. That the City Manager of the Cky of Sebastian is hereby authorized to execute all documents required in connection with the filing of said application to be submitted by April 30, 2001. Section 3. This Resolution shall become effective foregoing Resolution was moved for adoption by Coumcilmember seconded by Councilmember immediately upon adoption. The · The motion was ,,nd, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Edward MajchOr The Mayor thereupon declared the Resolution duly passed and adopted this __ ,2001. day of ATTEST: CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor Sally A. Maio, CMM City Clerk (S~) Approved as to form for reliance by the City Of Sebastian only: Rich Stringer City Attorney Subject: Resolution R-01-34 Agenda No. ~ for Subm-Vt-t-~ ~ity Manager Terrence R.cl~loore Department Origin: Date Submitted: 04-17-01 For Agenda off 04-25-01 Exhibits: Propo. sed Resolution No. R-01-34 EXPENDITURE REQUIRED: I AMOUNT BUDGETED..~ SUMMARY APPROPRIATION REQUIRED: As part of the Florida Department of Community Affairs for a Small Cities Community Development Block Grant process, the proposed Resolution No. R-01-34 initially establishes a City of Sebastian Community Development Plan outlining short and long term goals as they apply to the revitalization of the community. RECOMMENVED ACTION Move to adopt Resolution R-01-34 initially establighing a City of Sebastian Community Development Plan outlining short and long term goals as they apply to the revitalization of the community. RESOLUTION NO. R-01-34 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA INITiALLY ESTABLISHING A CITY OF SEBASTIAN COMMUNITY DEVELOPMENT PLAN PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Sebastian is located in Indian River County. Based on the 1990 Census, the City population is 10,205. The poverty level is based on a 10,205 population, of which 3,547 residents or 34.75% are below the property level; and WHEREAS, The City of Sebastian Community Development Plan establishes short term objectives as follows: 1. To Apply for Community Development Block Grant funds in the Neighborhood Revitalization category to install drainage improvements along Louisiana Avenue; and 2. To explore other possible resources for the purpose of improving the way of live for all citizen' s, especially those who live in deteriorated housing and neighborhoods; and WHEREAS, The City of Sebastian Community Development Plan establishes long term objectives as follows: 1. To improve the physical environment of the community to make it more functional, safe, and efficient and to preserve the integrity of the neighborhood; and 2. To promote the public interest; and 3. 4. economical, or physical development; and 5. To facilitate effective cooperation and community development; and To inject long range considerations into the determination of short range decisions; and To bring professional and technical knowledge to bear on issues concerning social, coordination between all concerned with 6. To identify all available resources for major opportunity and to improve the way of life for all in the community. NOW THEREFORE~ BE IT RESOLVED BY T~E CITY COUNCIL OF TI~E CITY OF SEBASTIAN, FLORIDA Section 1. adopted. Section 2. The City of Sebastian Community Development Plan as set forth above is hereby This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by 2ouncilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joe Barczyk Councilmember Jim Hill Councilmernber Edward MajchCr ! The Mayor thereupon declared the Resolution duly passed and adopted this __ and, upon being put into a day of ,2001. ATTEST: Sally A. Maio, CMM City Clerk (SEAL) CiTY OF SEBASTIAN, FLOREDA B~: Walter Barnes, Mayor Approved as to form for reliance by the City Of Sebastian only: Rich Stringer City Attorney FRANCI~ISE AGREEMENT RESIDENTIAL SOLID WASTE COLLECTION SERVICES This agreement, made this llth day of June, 1998, by and between R & R Corporate Systems, Inc., d/b/a Capital Sanitation, (hereina~er referred to as the "Contractor") and the City of Sebastian, Indian P, Jver County, Florida, (hereinafter referred to as the "City"); WHEREAS, the City Council of the City of Sebastian, Florida, has determined that it is in the best interest of the City to grant a solid waste collection franchise to an independent solid waste collection service; and WHEREAS,' the City has an existing franchise agreement with R & R Corporate Systems, Inc., d/b/a Capital Sanitation that is in effect through June 30, 2003; and WHEREAS, the parties agree that it is in their best interests to clarify the terms of said Franchise Agreement for residential solid waste collection services. NOW THEREFORE, IT IS AGREED BY THE CONTRACTOR AND THE CITY AS FOLLOWS: Section 1. GRANTING OF FRANCHISE. R& R Corporate Systems, Inc.,d/b/a Capital Sanitation ("Contractor") is granted the exclusive right, privilege, and/or franchise to operate upon, over and across the streets, alleys, bridges, and other public thoroughfares of the City of Sebastian (the "City") for the purpose of collecting, removing and disposing of solid waste material from residential customers in the City of Sebastian subject to the terms, conditions and exceptions herein. Section 2. DEFINITIONS. A. Biohazardous, Biomedical, and Infectious Waste: means those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms; included, but not limited to, waste from the operation of medical clinics, hospitals, and other facilities producing waste which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. City: means the City of Sebastian,i Florida. City Manager: means the City Manager of the City of Sebastian, Florida or his designee. D. Contractor: the word "contractor' Capital Sanitation. E. Cover: means any device, equipm, Cehicles to prevent the contents, or any par of sucl falling or otherwise being discharged, disbursed o: refers to R&R Corporate Systems, Inc., d/b/a mt, tarpaulin, chain, rope, wire or line used on vehicles' load, from sifting, blowing, leaking, escaping from such vehicles. F. Curbside: the word "curbside" is defined as that portion of the street right-of-way paralleling any public ~oroughfare between the curb line and abutting property line. If a ditch bisects the property and thoroughfare, the curbside then becomes the roadside of the ditch. G. Disposal: means the discharge, deposit, injection, dumping, burying, spilling, scattering, leaking, storing or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air, discharged into any waters, including groundwater, or otherwise enter the environment, except as specifically authorized by the City. 1t. Dump: means to throw, discard, place, deposit, dispose or bury any solid waste into or upon any land or water, except as specifically authorized by the City. I. Garbage: the word "garbage" shall mean every refuse · accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of edibles, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. J. Garbage Can or Receptacle: the words "garbage can" or "receptacle" shall mean a container of not greater than thirty- five (35) gallon capacity which shall be free of jagged or sharp edges and shall be watertight and of impervious material, provided with tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, fitted with two handles by which it may be !iiSed, and which shall not have any inside structure, such as inside bands or reinforcing aagles, or anything within that would prevent the free discharge of the contents. Such "receptacle" may also be a waterproof bag liner, which can be safely and securely closed, and which is a type approved by the collector and the city. K. Hazardous Waste: the words "hazardous waste" shall be defined as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. §1002, as amended, or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C. §2601, as amended, or under regulations promulgated thereunder or defmed as hazardous under the Florida Administrative Code Chapter 17-730 or any other applicable state or local law or regulation. L. Litter: means any solid waste idehfified as garbage, can, bottle, box, container, paper, tobacco product, tire, appliance; mechanical equipment or pan, construction or demolition material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control f~cility, or substance in any form resulting from domestic, industrial, commercial, mining agricultural or governmental operations. M. Residential: the word "residential" s include all "residential customers," consisting individual mobile homes and other living units. centralized collection facilities, i.e., dumpsters, e aall mean and of single-family homes, multi-family units, dulti-family units and mobile home parks with :c., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. N. Residential Improved Real Property: means all improved real property used for either a multifamily residence, or a single-family residence, including mobile home parks. O. Single-Family Residence: means my building or structure designed or constructed for and capable of use as a residence for one family regardless of the type of structure. Such term includes a mobile home or trailer erected on a parcel of property owned and offered for sale under the condominium concept of ownership or on a separate parcel of property not included within the definition of mobile home park. P. Sludge: means a solid or semi-solid, or liquid generated from any waste water treatment plan, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and related operations, or any other such waste having similar characteristics or effects. Q. Solid waste: the words "solid waste" shall be a general term which includes the specific terms garbage, trash, and household junk, but which does not include hazardous waste, industrial or special waste. R. Special waste: shall include automobiles, boats, internal combustion engines, non-automobile tires, Sludge, dead animals,, septic tank waste, Biohazardous or Biomedical Waste, liquid waste, and Hazardous Waste. Special Waste may also include items determined by the City Manager to be reasonably unmanageable. S. Trash: accumulation of lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches, (shall not exceed four (4) feet in length and four (4) inches diameter), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards. T. White Goods: means any inoperative and discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances. Section 3. TERM. The term of this franchise shall be for a period of lasting through June 30, 2003. Section 4. NON - MANDATORY SERVICE. Each residential customer within the City shall be provided with solid waste pick-up and removal services, if they so desire said services,i The residential customer may decline the offer of solid waste pick-up and removal services; and they shall not be charged for same. Industrial waste and special waste accounts shall be se~iced only upon the execution of individual agreements between collector and the customer.i The collector shall be deemed to have obtain title to conforming solid waste at the time it is collected. Section 5. DESCRIPTION OF SERVICES. 5.1 Contractor shall provide exclusive residential solid waste collection services within the City limits of the City of Sebastian. The contract must include all specified services; no partial or split service will be permitted. The contractor will be responsible for both the billing and collection of solid waste fees and has the right to discontinue services to customers for non- payment. 5.2 It is the responsibility of the contractor to become familiar with and to determine the nature and conditions affecting the collection an~ disposal of residential solid waste in the City of Sebastian. The contractor is responsible for determining the impaGt and complying with the Florida Solid Waste Management Act. at 5.3 The contractor shall provide his/her own expense, all labor, insurance, supervision, machinery and equipment, plant bt~ilding, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 The contractor shall conduct his/hei work in such a manner as to avoid damage to adjacent private or public property and shall operate with due care in the vicinity of such utilities, and shall immediately repair or have repaired, at no additional cost to the owner, any breakage or damage caused by its operation. The contractor shall immediately notify the City Manager taubtic Works Director of such damage and shall advise of corrective action taken or to be taken. 5.5 The contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection shall occur. The contractor may refuse to collect any solid waste that has not been placed in a garbage can or receptacle as provided herein, and shall provide the proper notification to the property owner specifying corrective action. During hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the contractor, the contractor shall promptly clean up all spillage. 5.6 All solid waste shall be hauled to those sites or facilities maintained by the County, or other approved facilities within Indian River County. 5.7 The additional quantity of refuse generated by the influx of seasonal visitors and residents will not be a justification for the contractor to fail to maintain the required collection schedules, routes and levels of services. 5.8 This Franchise Agreement does not create a mandatory trash collection service for all City residents. Section 6. RESIDENTIAL COLLECTION SERVICE. 6.1 The contractor shall have the exclusive right to collect and dispose of all solid waste, except infectious waste, hazardous waste, biohazardous waste, biological waste, special waste and sludge, from all Residential Customers. Residential Customers consist of single family homes, multi-family units, individual mobile homes and other hying units, ho. weyer~ multi- family units and Mobile Home Parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) ~ubic yards are considered commercial service and not covered under this Agreement. 6.2 The contractor shall collect solid waste from places of residence within the contract collection area at least two (2) times per week, With collections at least three (3) days apart. In addition to the solid waste collection, yard trash pickups will be made on one specified and published day per week. All yard trash must be bundled or in reusable containers, not to exceed 50 pounds each. Grass clippings and small branches, etc., must be in biodegradable paper bags or other reusable containers. Yard trash contained in plastic bags will not be picked up. Yard trash must be separated from all other refuse. HoUsehold furniture need not be containerized and will be picked up with regular trash collection service. White Goods (as defined in Section 2.T. herein on page 6,) will be picked up by a carrier ~hosen by Indian River County, at no additional charge, completely separate and apart from thi~ Franchise Agreement. Whi{e Goods will be picked up on a--one (1)week on c-all basis, as per Indian giver County Agreement, with its contractor, or as hereafter may be mended, and! must be recycled at the appropriate locations. :rhc contractor shall assist its customer(s) in seeming such services if requested, however, is not rcspe~sib~e-for the accomplishment of said sevdees, and is held harmless for the same. 6.3 Collection shall begin no earlier than 7:00 a.m., and shall cease no later than 6:00 p.m., Monday through Friday. In the case of an ehaergency, collection may be permitted at times not allowed by this paragraph, provided the contractor has received prior approval from the City Manager or his/her designee, to be later evidenced by a written memorandum confirming the approval. No collection shall occur on Sundays or holidays except in a time of emergency. Special pickups may be requested by customers at additional cost, which shall be billed by the contractor. 6.4 Collections of residential waste shall be at curbside or right-of-way. In the event an appropriate location cannot be agreed upon, the City Manager shall designate the location. Any costs associated with identification of contractor's customers are to be borne solely by the contractor. Such identification may be in a form of stickers or other medium affixed to the trash receptacles, etc., or other form of identification but not to exceed 5" X 7" in size. 6.5 The contractor shall be required to pick up all residential refuse, which has been properly prepared and stored for collection. All garbage, ashes, and rubbish shall be placed in a garbage can not larger than 35 gallons, or in such other approved receptacle and shall be placed at curbside or at such other single collection points as may be agreed upon by the contractor and the customer. In view of the fact that certain residents are elderly and/or disabled persons, special pickup service for garbage only, at the back door, for such residents, shall be provided. There is no minimum or maximum distance from the curb to the back door for this service. A place will be provided on the bid form to permit the contractor to list his price for this spceial ser~i~e. The requirements for such service will be determined by the City Manager, and such service will commence upon receipt by the contractor of notification by the City Manager. 6.6 The contractor shall make collections with a minimum of noise and disturbance to the householder. Any garbage or trash spilled by the contractor shall be picked up immediately. Garbage Cans or receptacles shall be handled carefully by the contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. 6.7 The contractor shall collect trash bom normal maintenance of vacant lots, which are tied to the principal residence by means of unity of title in the same manner as the collection from residences on single lots. It will not be the responsibility of the Contractor to remove trash resulting from clearing property for building purposes. If it is the practice of the area residents to place their yard trash or solid waste curbside on the vacant lot, that waste shall also be collected in the same manner as the collection from the residence. Section 7. 7.1 SCHEDULES, ROUTES, STORMS AND HOLIDAYS. The contractor shall provide the City with schedules for all collection routes and keep such information current at all times. The City Manager shall approve all collection routes. If any change in the collection routes occurs, then the City shall be immediately notified in writing. The City Manager shall approve all permanent changes in routes or schedules. Upon approval of the routes by the City Manager, ~e contractor shall publish in a newspaper of general circulation in Indian River County at least seven (7) days prior to the effective date of such route or schedule changes. The cost of pubiication shall be borne solely by the contractor. In addition the contractor shall be responsible for!advertising all route and collection information in a newspaper of general circulation in Indian River County at least twice per year, on or about the 1 st of April and the 1 st of October of each year, the cost of which is to be borne solely by the contractor. 7.2 In case of a storm or hurricane, the City Manager or his/her designee may grant the contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the contractor shall advise the City Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the storm, the contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the City. The contractor shall receive extra compensation above the Contract Agreement for additional labor, overtime, and cost of rental equipment, provided he has first secured prior written authorization from the City Manager or his/her designee. The total cost for such service shall be based on rates jointly agreed to in advance by the City Manager or his/her designee and the contractor. In the event of such storm or hurricane emergency, the City reserves the right to assign route or pick-up priorities as deemed necessary by the City Manager and to contract with other providers on a short-term basis. 7.3 The City agrees to exempt residential collection from the normal collection schedule on the following holidays: New Year's Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. These holidays will be indicated in the initial public notice to customers in a local newspaper of general circulation. The contractor will be excused from trash pickup these days and will not be required to make up the lost pickup day. The Contractor will reduce the customer's monthly bill for any lost pick up days, which a customer may suffer. 7.4 The contractor shall have on hand at all times and in good working order such equipment as shall permit the contractor to adequately and efficiently perform its contractual duties. The equipment shall be of the enclosed loader packer type and all equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Section 8. OTHER PROVISIONS. 8.1 The contractor shall comply with all applicable City, State and Federal laws as to wages, hours, and all other applicable laws relating to the employment or protection of employees, now and hereafter in effect. 8.2 The contractor is required and hereby agrees by execution of this Franchise Agreement to pay all employees not less than the federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standard Act as amended and changed from time to time. 8.3 No person shall be denied employment by the contractor for reasons of race, sex, national origin, creed, age, or religion. 8.4 Contract unit price will remain fntm for the first twenty four (£4) months of-the Contract Te~r~. T-he unit price for ensuing Contract years, upon a-formal reques,-fited by During the final week of May in the years 2001 and 2_0.92, the Contractor may rec~uest a price adiustmeat and the same shall be negotiated by the City Mar~ager. Any increase in prices for ensuing years shall not exceed the percentage of movement! of the United States Department of Labor, Consumer Price Index from the initial franchise (late of July 1, 1998 and the most recent printing at the beginning of each contract year. All rate adjustments shall be subject to the approval of the City Council by resolution. 8.5 The contractor shall pay the City of Sebastian a gross receipts franchise fee, according to thc schedutc set foeth in Seotion 9 of this Ordinance, and agrees all contractor's records will be available for inspection with reasonable notice and during regular business hours, to support the franchise fee. This franchise fee will be six percent (6%-) of the contractor's gross receipts. T-he-approved rate-as set forth iR Section 10 of the Ordinance ~all-refleet the total ratc to the customer without-Mjustment for the franchise fee. 8.6 The contractor shall perform a service of high quality and keep the number of legitimate complaints to a minimum. In order that the City may be informed of the quality of service, the contractor agrees to maintain a record of all complaints for inspection by the City. The contractor agrees to furnish a monthly report listing the name and address of each person complaining, the nature of the complaint, and the disposition of each complaint. All complaints whether received in person, by mail or telephone, shall be recorded in triplicate, one (1) copy to go to the City and two (2) copies to be retained by the contractor. Complaints received before 12:00 noon each day shall be serviced by 6:00 P.M. that day. Complaints received after 12:00 noon shall be serviced before 12:00 noon the following calendar day. For each month in which the number of legitimate-complaints reaches ten (10) or more for any cause the City-shall be entitled to claim liquidated damages often Dollars ($t0.00) per complaint. Bach complaint shall be consid~ed legitimate unless satisfactory disposition-of the complaint i~-furnished. The decision of thc City Manager as to the legitimacy of any complaint shall be considered final. The failure of the contractor to resolve customer complaints without valid cause is considered a material breach of this Franchise Agreement and may subject the contractor to the immediate cancellation of the Agreement. 8.7 Prior to the effective-date of this agreement, t Ihe contractor shall obtain, at his/her own expense, all permits and licenses required by law or Ordinance and maintain the same in full force and effect. 8.8 l_4pon the City's acceptance of this ~anchise Agreement, thc eontractor shall notify the general public and att residential service customers that the contractor will be providing cxctusive trash pickup se~iccs-~vittain the City Of Sebastian. Contractor-shall-supply necessary information to begin service to prospective customers, and shall publish the das~s ~)f pickup, holidays when no service will be provided, general rate structure, and general information to provide a smooth transition from the currcnt service to the new exclusive servioe. Suoh--notice shall be in a local newspaper of general-eirculation in Indian River County;, twice prior to beg~ning services, and onGe-in each of two cotaseeutive months after service begins. A. The contractor shall furnish to tile City evidence of insurance coverage for all i , insurance required under the provisions of this section of this Agreement immediately upon the execution of this Agreement by the parties. Failure of the contractor to maintain said insurance at any time during the term of this Agreement !by the contractor, shall be construed to be a material breach of the Agreement by the contract6r. B. The contractor shall provide and maintain during the term of this Agreement such worker's compensation insurance as required b~ law for all of its employees employed in connection with the performance of the work provided for under this Agreement. C. The contractor agrees to provide and maintain at all times during the term of this Agreement, without cost or expense to the City, policies of insurance generally known as "public liability pohcies," insuring the contractor against any and all claims, demands or causes of action whatsoever for injuries received or damage to property relating to the performance of the duties of the contractor under the terms and provisions of this Agreement. Such policies of insurance shall insure the contractor in an amount not less than One Million Dollars ($1,000,000.00) to cover any and all claims connected with any accident or occurrence that may arise or be claimed to have arisen against the contractor. The contractor shall also obtain property damage insurance insuring the contractor in an amount not less than Three Hundred Thousand Dollars ($300,000.00) to cover the claims of any person or persons from a single or specific act that results in alleged damage to property. The contractor agrees to provide and maintain at all times under this Agreement motor vehicle public liability insurance in an amount of not less than One Million Dollars ($1,000,000.00) to cover the claims of one person, and One Million ($1,000,000.00) per incident. Said insurance policies shall provide that the City shall be entitled to thirty (30) days written notice of any changes or cancellations in said policies. A certificate of insurance indicating that the contractor has coverage in accordance with the requirements of this Agreement shall be furnished by the contractor to the City Manager within ten (10) days from the date of execution of this Agreement. 8.9 The contractor agrees to indemnify and save harmless the City from any and all liability, claims, damages, losses, expenses, proceedings and causes of action of every kind and nature arising out of or connected with the performance of his duties provided for under this Agreement. The contractor further agrees to, at its own expense, defend any and all actions, suits or proceedings which may be brought against the City in connection with the performance of its duties under this Agreement and to satisfy, pay and discharge any and all judgments that may be entered against the City in any such action or proceedings. 8.10 The company will maintain and operate its residential trash collection service in accordance with the laws of the State of FlOrida, Federal laws, including OSHA Federal Regulations, and the rules, regulations, and Franchise Ordinances as are or may be set forth by the Council from time to time. Failure of the contractor to promptly and faithfully keep, perform, and abide by each and all of the term~ and conditions of the franchise and rules and regulations as set forth by Council shall constitate a violation of the Franchise Agreement and may be terminated by the City as specified in the Franchise Agreement. 8.11 Access to Company Records. The City shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statistical, consumer, and service records relating to the operation of the Company and to all other records required to be kept by the Company, and the Company shall file such accounting reports and data with the City when required. 8.12 The contractor may be held in default of the Agreement in the event the contractor: (1) Fails to perform the collections required by this Agreement and appears, to the City Manager, to have abandoned ihe work, or to be unable to resume performance within forty-eight (48) hours; or (2) Has failed on three (3) or more oc~ ;asions of three (3) working days duration in any year, to perform the collections required by the Agreement; or (3) Repeatedly neglects, fails, or refuses to comply with any of the material terms of the Agreement, after having received notice of its obligation to so comply. Proceedings under this sectio~re in addition to theremedies described in-Section 8.-4 for the breach-of their respeeti-ve-requirements. To initiate proceedings under this section, the City Manager shall first request the City Council to declare the contractor in default. Within three (3) working days after its receipt of such a request, t The City shall give notice to the contractor and its surety, and thc City Manager of the location, time, and date within nQ_less [l;t_~n the following seven calendar days of a public hearing at which the contractor may show cause why it should not be declared in default. In the event the contractor fails to show, to the satisfaction of the City, cause why the contractor should not be declared to be in default, the City Council shall make such declaration. In declaring the contractor to have defaulted on the Agreement, the City may also order the contractor to discontinue further performance of work under the contract and transfer the obligation to perform such work from the contractor to the Surety on the contractor's performance bond and take any other action it deems advisable. 8.13 SECURITY FUND (fund) The contractor shall establish a permanent security fund with the City by depositing the amount of two thousand five hundred dollars ($2,500.00), with the City in cash, an unconditional letter of credit, or other instrument acceptable to the City, which fund shall be maintained at the sole expense of the contractor. The balance in the fund shall be released back to the contractor upon termination of the Franchise Agreement. (a) The fund shall serve as security for the full and complete performance of the Franchise Agreement, including any cost, expenses, damages or loss the City pays or incurs because of any failure attributable to the contractor to comply with the codes, rules, and regulations o_-'the City. (b) Before any sums are withdrawn from the fund, the City shall give written notice to the contractor: (1) describing the act, default or failure to be remedied, or the damages, cost or expenses which the City has incurred by reason of grantee's act or default; (2) prov/ding reasonable opportunity for contractor to first remedy the existing or ongoing default or failure, if applicable; (3) providing a reasonable opportunity for the contractor to pay any monies due the City before the City withdraws the amount thereof from the fuhd, if applicable; (4) that ~e contractor will be given an opportunity to review the act, default or fe[ilure described in the notice with the City Manager. (c) Contractor shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. 8.14 PERFORMANCE BOND The contractor shall provide a contractor's performance and payment bond in the amount of Seventy Thousand Dollars ($70,000.00) with a surety company acceptable to the City as surety, which bond shall be conditioned that such contractor shall faithfully perform all of the provisions of this Agreement, ~cJudir~g the timely ~)ayment of the .fr, a~hise feeamd other charges due the City hereunder, and pay all laborers, mechanics, subcontractors, materialmen, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the performance of this Agreement; and shall perform work or services, or furnish material to any subcontractor, shall have the same right under the provisions of such bond as if such works, services or material was furnished to the original contractor, and shall contain appropriate recitations; (1) that is issued pursuant to this section of this Agreement; and (2) that any condition or limitation in such bond which is in conflict with the conditions and requirements of this section is void. In lieu of the Performance Bond required herein the contractor may enter into an Agreement with the City, drafted to the satisfaction and approval of the City Attorney and the City Manager, that the contractor shall make a deposit to an escrow account in a bank approved by the City, in cash or in negotiable government securities equal at all times in market value to the face amount of the bonds. Such Agreement shall provide that the cash or negotiable securities may be claimed by the City Manager, under the same circumstances as provided for use of the Performance Bond. The bond or the cash or security deposit shall remain in effect for the initial term of the Agreement, and for the renewal period. 8.15 Upon receipt of a notice that the work has been transferred to the surety with termination of the Agreement, the surety shall take possession of all materials and equipment described in the most recent inventory submitted l to the City Manager pursuant to Section 8.17 of the Agreement, for the purpose of completing the work under the Agreement; employ, by contract or otherwise, any person and all personsineeded to perform the work; and provide materials and equipment required therefore. Such employment shall not relieve the surety of its obligations under the Agreement and the bond. i/there is a transfer to the surety, payments shall be made to the surety or its agent for all work performed under the Agreement subsequent to such transfer, in amounts equal to those that would have been made to the contractor had it performed in the manner and to the extent of the Surety's performance and the contractor shall have no claim upon the same. In the event the surety on the contractor's )erformance bond fails to assume or continue performances within forty-eight (48) hours after its receipt of notice that the work has been transferred to such surety, the contractor shall legse, sublease or otherwise license the City to use all, or whatever portion is desired by the City, of/he materials and equipment described on the most recent inventory submitted to the City Manager pursuant to Section 8.17 of the Agreement, for collection purposes for a period of up to six (~i) months following the date of the declaration of default by the City Council without requiring the City to execute any other document whatsoever to accomplish such lease, sublease orl license and without requiring the City to post any bond, pledge, deposit or other security for such equipment and materials, but upon the condition that the City pay for the equipment and materials actually used for such collection a market rental that is not greater than the monthly lease, in the event such property is leased by the contractor; the periodic installment in the event such property is being acquired under a purchase contract; or the periodic interest and principal, in the event such property is being acquired under a financing arrangement; provided that under no circumstances shall the City be liable during its use of such property for any arrearages, balloon payment, accrued interest, accelerated charges in the event of a default or other extraordinary payment; nor shall the satisfaction thereof be a condition of the City's interim use of such property; provided further that such lease, sublease or license shall be suspended on the date the surety on the contractor's bond or its agent accepts the transfer of work under the Agreement. in the event the City secures the performance of work under the Agreement at a lesser cost than would have been payable to the contractor had the contractor performed the same, the City shall retain such difference; but in the event such cost to the City is greater, the contractor and its surety shall be liable for and pay the amount of such excess to the City. All payments due the contractor at the time of default, less amounts due the City from the contractor; shall be assigned to applied by the City to set-off against damages suffered and expense incurred by the City by reason of such default; any excess shall be paid to the contractor except as provided in the Agreement. Notwithstanding the provisions of this section, a delay or interruption in the performance of all or any part of the Agreement resulting from changes ordered in the work, from labor disputes, or from other causes beyond the contractor's control, shall not be deemed to be a defauk and the rights and remedies of the City provided for herein shall not be applicable. 8.16 If the contractor fails to be at work at the time specified, persistently disregards laws, ordinances or instructions of the City Manager, or repeatedly fails to provide sufficient reserve workmen and equipment to insure the pro~er completion of the residential work by 6:00 P.M. each day, or performs the work unsatisfactotily or fails to collect refuse on a regular schedule, or discontinues the prosecution of the Work without authorization by the City, or becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows final judgment rising out of performance oft he Agreement to stand against it unsatisfied for a period often (10) days, the City will consider such action a breach of Agreement and give notice, in writing by registered mail, to the contractor and its surety of such breach. If the contractor or its surety, within ten (10) days after such notices, does not proceed to take over and complete the work under the orders of the City Manager, then the City Manager, because of the breach of Agreement, shall have full power and authority, without violating the Agreement or bond to take over the completion oi said Agreement according to the terms and provisions thereof, or to use such other methods a~ in his opinion may be required for the completion of said Agreement in an acceptable mlmner. Furthermore, after the issuance by the City of its notice of intention to terminate the Agreement, the contractor shall not remove from its normal, daily workplace any of the equipment listed on the inventory approved by the City Manager in accordance with Section 8.17 of this Agreement until arrangements to continue the work, by Agreement, by surety, or otherwise, hav~ been completed by the City. For all costs, charges and damages incurred by the City, together with the costs of completing the work, the contractor and its surety shall be liable, and such costs may be deducted from any monies due or which may become due the contractor. Should the City incur any attorney's fees to seek enforcement of any of the provisions in this Agreement and prevails, the contractor and its surety shall be liable for those fees, and such expense may be deducted from any monies due or which may become due to the contractor. In case the expense incurred by the City is less than the sum which would have been payable under the Agreement if it had been completed by the contractor, then the contractor and its surety shall be liable and shall pay the City the amount of said excess. 8.17 A. collection and to promptly and efficiently perform its duties under this Agreement. The contractor shall provide to the City Manager, prior--to thc start of work under--this Agreement, an inventory showing each type of vehicle (type, capacity, approximate age) used for performing work under this Agreement. The City Manager shall have the authority to inspect the vehicles on such inventory list and reject an unsuitable replacement. The contractor shall attach to such inventory a copy of each contract, lease, or other document that encumbers or limits the contractor's interests in such property. The contractor may change equipment frOm time to time and shall revise the inventory and the attachments thereto, accordingly; however, in no event shall the number of vehicles be less than the number of vehicles shown on the inventory provided prior to start of work under this Agreement. The contractor shall maintain a vehicular fleet during the performance of work under this Agreement at least equal to that described in the inventory. The contractor shall provide sufficient equipment to maintain regular schedules of The contractor shall describe on an attachment to the required inventory the service yards or contracts to be used in maintaining vehicles and equipment. The contractor shall give notice to the City Manager as to any material changes that might affect the performance of work under this Agreement immediately after becoming aware of the same and shall make suitable remedial arrangements when needed. .C..o,rgracto;r shall bring th. eir collecfiqrk~el~cles by the:City Garage_o_a_g .designated day each week for mechanical insgecfior~ by city perspnnel, and a w. ritt~j~ r~port shall be prepared by the Garage. Serious ~.~¢laajaical problems presenting a safetz~oa.c~ern shall recluire corrective action before the Yehicle is.put back ig._s_e.~[C¢,. Contractor shall have one v/e~¢k to rectify any other rae~kallical problems_ reported in said j~o~'~/ions. B. Equipment is to be maintained in al reasonably clean and safe working condition and be painted uniformly according to standards maintained from time to time by the City Manager. Equipment shall contain the name of the contractor and the truck number or code established by the City Manager printed in letters ~ot less than three (3) inches high on each side of the vehicles. A record shall be kept of the vehicle to which each number is assigned. No advertising shall be permitted on the vehicles. Each vehicle used for the collection of solid waste shall not exceed ten (10) years in age at any point and time during the Agreement term, ~nless satisfactory proof is submitted showing substantial refurbishment of said vehicle(s) whichlwould effectively bring the vehicle(s) to within ten (10) years old or less standards, as determined by the City Manager, shall have a fully enclosed, metal top and shall be watertight to a depth of not less than (12) inches and shall contain metal sides, and use pneumatic tires. However, the City Manager shall have the authority to waive the requirement of a fully enclosed, metal top in the event of an emergency. As an alternative to a fully enclosed metal top for use in garden trash collection, said vehicle may be equipped with a cover which may be a net with mesh not greater than one and one-hail (1 ½) inches, or tarpaulin, and such cover shall be kept in good mechanical order and used to cover the load in traveling to, from and during the loading operation or when parked if the contents are likely to be scattered if not covered. Vehicles shall not be overloaded so as to scatter solid waste, but when solid waste is scattered from a contractor's vehicle for any reason, it shall be the responsibility of the contractor to immediately pick up such scattered solid waste. Each truck shall be equipped at all times with a shovel and a broom for the collection of spilled refuse. Vehicles are to b~ washed thoroughly on the inside and sanitized with a suitable disinfectant and deodorant, once weekly, or at such times as established by the City Manager from time to time in order to be maintained in a clean and sanitary condition and all vehicles are to be washed on the outside at least weekly. The contractor's vehicles are not to interfere unduly with vehicular or pedestrian traffic and vehicles are not to be left standing on streets and alleys unattended. 8.18 The following acts or omissions shall be considered a breach of the Agreement and for the purpose of computing damages under the provisions of this Section, it is agreed that the City Manager may obtain from the contractor, the following amounts as liquidated damages, and or obtain from the security fund as stipulated in Section 8.13 herein: 1. Collection of residential solid was;e prior to 7:00 A.M. or after 6:00 P.M., unless specifically exempted by the City Manager. $20.00 $5.00 each resid~!lge ease. Legitimate Complaints Section 8[.6 (Over ten (10) per month). $10.00 each additional legidrnate Complaint. [See Section 8.6 ] Failure to clean vehicles, pe _r~rrn [epa/rs reported in City i~pections within one week~ or and maintain in safe operating good woddng condition, $50,00 ~ each vehicle [See Section 8.17 ] 3_} 4. Failure to keep vehicles closed or cox~ered to prevent scattering of solid waste from the vehicle, Qr~!oi~,age of from the~garbage within ~e vehicle unless-specifically exempted by the City Manager. $50.00 ~ each vehicle [See Section 8.17 ] Oil or other vehicle fluid leaks upon City streets 5. Leadeda~ehicles left standing on the street umieccssarily. ~ $25.00 each vehicle. [SeelSection-8.17] Failure to maintain schedule estab~shed a~d given as a requkement of this Agreement, in writing to the public and thc Cig. $25.00 per x4olation of route schedule. [See Secfiov~ 7. t] Failure to respond-tc~ complaints a~ required by thi~ agreement. [See Section 8.6] 8.19 No assignment or subletting of all or any portion of the work under this Agreement shall be permitted except with the written approval of the City. The contractor alone, subject to the provisions of its performance bond, shall be held responsible for the full and faithful performance of this Agreement. 8.20 The contractor shall be listed in the BellSouth telephone book, which is distributed in the City of Sebastian. Said listing shall provide a toll free number where its customer's may call emergency and complaint calls during the entire week. The contractor shall display this number in a prominent place on all invoices or billing to its customer. In addition, the contractor shall designate a representative for emergency and complaint calls twenty-four (24) hours per day during the entire week. The contractor shall provide, at its own expense, a suitable office located within the City of Sebastian. Section 9. PAYMENTS TO CITY. Beginning with the effective date of this Agreement, pursuant to Section 8.5 of this Ordinance, the contractor shall pay to the City, within thirty (30) days of each preceding billing period, an amount equal to six percent (6%) of the contractor's gross receipts for the preceding billing period. Failure to remit the required payment to the City shall be cause for'termination of this franchise. Section 10. RATE. The rates charged by the contractor for the services hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair, greater return on the net valuation of its propeFties devoted under efficient and economical management. The company agrees that it shall be subject to all authority now or hereafter possessed by the City or any other regulatory body having competent jurisdiction to affix, adjust, reasonable and compensatory rates. When this franchise takes effect, the company shall have authority to charge and collect, not to exceed the following schedule of rates which shall remain effective until changed or modified as herein provided, to wit: Monthly Garbage Rates: Base. monthly garbage rates shall be $8.10 per month, per residential customer, and $8.10 for special pick-up for disabled residents, per month, per residence, as specified herein. The rate specified above is the rate charged-to-the customer(~s), and does not include adjustment for the six (6) percent franchise fee, .w,h[¢h shall be char_ged in addition tp said base rate. Section 11. FORFEITURE. The failure on the part of the contractor to Comply in any subst~tial respect with any of the provisions of this Ordinance, shall be groundsi for forfeiture oft his Grant. Section 12. ATTORNEY FEES. ~ Should it become necessary for th~ City to initiate legal or other proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to recovery of reasonable costs and attorney's fees. Section 13. EFFECTIVE DATE. This Agreement modifies and supplants that Franchise Agreement adopted under Ordinance No. 0-98-09, effective on July 1, 1998~ and becomes effective upon execution by the last party hereto. Section 14. The contractor, by and through its authorized agent, hereby acknowledges that it has read all terms, provisions, and conditions as set forth herein. The undersigned further acknowledges that it is sophisticated in the matters set forth in this contract and has had full opportunity to review, and seek independent legal advice with regard to all matters set forth herein. Accordingly, the contractor hereby accepts and agrees to all terms set forth in this Agreement. IN WITNESS WItEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ........................... CITY .............................. ATTEST: THE CITY OF SEBASTIAN By: Sally A. Ma/o, CMC City Clerk Name: Terrence Moore Title: City Manager Approved to form and content: Rich Stringer, City Attorney ............................ CONTRACTOR ......................... Signed, sealed and delivered in the presence off Ron~Id Rigby, Vice Presidem R&R Corporate Systems, Inc., d/b/a Capital Sanitation By: Name: Title: (SEAL) City of Sebastian, Florida Subject: Stormwater Master Plan Consultant Agreement/Camp Dresser & McKee Terrence 1~. Mc/oSe Agenda No. 0/*, Department, Origin: General Services: Date Submitted: 04-19o01 For Agenda of: 04-25-01 Exhibits: Proposed Stormwater Master Plan Agreement, between the City of Sebastian and Camp Dresser & McKce, Inc. REQUIRED: $150,000 $150,000 REQUIRED:-0- SUMMARY As a result of the City Council's approval on February 14, 2001, contract negotiations were held with the number one ranked firm, Camp Dresser & McKee, Vero Beach, Fl, to provide the City of Sebastian with Stormwater Master Planning Services. The attached proposed Agreement between the City of Sebastian and Camp Dresser & McKee, Inc., for Stormwater Master Planning Services, outlines the City's and the Consultant' s understandings and agreemems of such professional services. RECOMMENDED ACTION Move to approve and authorize the City Manager to. execute the proposed Sormwater Master Plan Consultant Agreement between the City of Sebastian and Camp Dresser & McKee, Inc., Vero Beach, Florida, to provide Stormwater Master Planning Services, not to exceed $150,000.00. STORM-WATER MASTER PLAN CONSULTANT AGREEMENT THIS AGREEMENT made this __ day of Mitre, 2001, by and between the CITY OF SEBASTIAN, a municipal corporation of' the i State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and CAMP DRESSER & MCKEE, INC., a corporation authorized to do business in the State of Florida, 1701 State Road A-l-A, Suite 301, Vero Beach, Florida 32963, ("Consultant.") WHEREAS, the City desires to engage a consultant who has special and unique competence and. experience in providing stormwater master planning services; and WHEREAS, the Consultant represents Ithat it has such competence and experience in providing these services; and, ' WHEREAS, the City in reliance on suCh representation has selected the Consultant in accordance with the requirements of law; and, WHEREAS, the City and the Consultan' and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1. desire to reduce to writing their understanding Recitals. The above recitals are ktcorporated herein as if set forth in their entirety. 2. Agreement: The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Grant Contract #SD625A_A (hereinafter called the "Grant") between the St. Johns River Water Management District (hereinafter called the "District") and the City, Work Orders, Change Orders, Addenda if any, any other documents Listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. This Agreement shall not be construed against the party who drafted the same, as both. parties have obtained experts of their choosing to review the legal and business adequacy of the same. In any internal conflict in the provisions of the Agreement Documents, the terms and intent of the Grant shall prevail. 3. Employment of Consukant: The City hereby agees that it may engage the Consultant and the Consultant hereby agrees to perform professional services (hereinafter called the "Work") for the City in preparing a stormwater master plan in accordance with and satisfactory to the terms and conditions of the Grant. 4. Project Schedules: The Consultant shall perform the Work in a timely manner consistent with the Grant and assignment schedules mutually agreed upon by City and Consultant. 5. Joint Cooperation: Close collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the District, and both will be entitled at all times to be advised, at either's request, of the status of Work and of the details thereof. The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consukant to be relevant to the execution of the Work. the Work of the Consultant at any time. granted a Conference. The City and the District will have the right to inspect Either party to tkis A~eement may request and be 6. Termination: This Agreement may be terminated by the City with or without cause. If terminated without cause by the City, at least thirty (30) days written notice of such termination shall be given to the Consultant, however, if the Grant is terminated, the City shall forward notice of said termination immediately upon receipt thereof and the termination date for th.is Agreement shall Coincide with the termination of the Grant. il) In the event the City without cause abandons, terminates or suspends this. Agreement, the Consultant shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and documents generated by the Consultant shall remain the property of the City as outlined below. (2) In the event the Consultant terminates this Agreement without cause, all tracings, plans, specifications, maps, computer Iprograms and data prepared by the Consultant under this Agreement shall be considered prol:erty of the City. The City may enter into an : agreement with others for the completion of the work under this Agreement and the Consultant will be held harmless for'the work of others. / 7. Compensation: The City will pay~lhe the fee schedule attached as Ex.h/bit "A" with a ~haximum total fee not to exceed $150,000.00 subject to the reimbursement limitations of the Grant. 8. Payments: The Consultant ~hall submit monthly invoices meeting reimbursement requirements of the Grant for serVices rendered. Consultant an hourly rate in accordance with the 9. Reimbursement of Costs: The Consultant's expenses are included within the agreed hourly, no additional expenses shall be rei: 10. Term: This Agreement shall con and the term of the Agreement shall emend until whichever occurs first. nbursed without written amendment hereof. mence on the day it is executed by both parties the Work is complete or expiration of the Gram, 11. Covenant Against Contingent F%s: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solelY for the Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely .. for the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 12. Right to Work Products: No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Consultant in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this A~eement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City and the District, and are strictly for use on this project. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this A~eement will be at the City's risk and Consultant, its officers, directors and employees will be held harmless from such use. Notwithstanding any provision to the contrary contained in this a~eement all o£ Consultant's pre-existing proprietary software, computer programs, standard details and specifications shall remain the exclusive property of the Consultant, with a license hereby ~anted to City and the District to use the same to the degree necessary to utilize the Project. 13. Personnel: The Consultant represents that it will secure at its own expense all personnel and sub-consultants required for services which are necessary to perform the Work. All services constitUting the Work shall be performed by the Consultant or sub-consultant, and all persons engaged in the Work shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this A~eement shall not be employees of the City. ] 4. Responsibility of the Consultant: (a) The Consultant shall be r, ;sponsible for the professional quality, technical accuracy, timely completion, and the coordinati°n of all designs, drawings, specifications, reports and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his drawings, specifications, reports and other services. (b) 'Approval by the City of idrawings, specifications, reports and incidental work or materials furnished hereunder shall not il~ any way relieve the Consultant of responsibility for the technical adequacy of the Work unless Work product was based upon errant information provided by the City or its representatives. The City's review, approval or acceptance of, or payment for, any of the services shall not be congtmed to operate as a waiver of any rights under this Agreement or of any cause of action arisin~ out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for damages to the City caused by the Consultant's negligent performance of any of the services furn/shed under this Agreement. (c) Evaluations of the projected budgets for desigrfing elements of the master plan, preliminary estimates of Construction Cost and ~detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Conslattant's's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor. the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that future bids or negotiated prices will not vary from the projected budgets or from any estimate of Construction Cost or evaluation prepared by the Consultant. 15. Subcontracts and Assignability: The Consultant' shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Consukant under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or consultants required by the Consultant in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. Truth-In-Negotiation: In accordance with the provisions of Chapter 287.055, Florida Statutes, the Consultant agrees to execute a truth-in-negotiation certificate and a~ees the original contract price and any additions may be adjusted to exclude any significant sums by which the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. 17. Interest of Members of City and Others: No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to tiffs A~eement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in tiffs Agreement or the proceeds thereof. ] 8. Certification of Restrictions on Lobbying: The Consultant agrees that no Federal appropriated funds have been paid or will be paint by or on behalf of the Consultant to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee l of Congress or an employee of a member of Con~ess in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or nodification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Consultant to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or em of Congress in connection with any FDOT Joinl complete and submit Standard Form-LLL "Discl )loyee of Congress or an employee of a member Participation Agreement, the undersigned shall osure Form to-Report Lobbying" in accordance with its instructions. 19. Interest of Consultant: The Cons¢ltant covenants that he presently has no interest and shall not acquire any interest, direct or ind'~ect, which shall conflict in any manner with the performance of services required under this Agreement. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Consultant shall not undertake any professional Work which conflicts with his duties as the City's Consultant without the prior written consent of the City during the term of this Agreement. Any-. work where the Consultant can reasonably anticipate that it may be called to testify as a witness against the City in any proceeding will constitute a conflict of interest under this Agreement. 20. Compliance With the Law: The Consultant expressly agrees to comply with all -known laws and regulations relating to providing services under th/s Agreement. The failure of the Consultant to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 21. Waiver: The waiver by City of any of Consukant's obligations under this Agreement shall not constitute a waiver of any other obligation of the Consukant hereunder. 22. Public Entity: The Consultant shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 23. Releases: Upon the satisfactory completion of any Work performed under a work order and prior to final payment for the work, or prior to settlement upon termination of this Agreement and as a condition precedent thereto, the Consultant shall execute and deliver to the City a release of all claims for the payment of fees against the City arising under or by virtue of the work order. 24. Indemnification: The Consultant shall indemnify and hold harmless, release 'and forever discharge the City and District, their public officers, agents, representatives, successors, assigns and employees of any and all claims, liabilities, damages, actions, costs or expenses, and attorneys' fees against the City and District, arising out of or in any way connected with this Agreement and resulting from damages to property, personal injury or loss of life. Consultant understands that this waiver includes any claim based on partial or sole negligence, action or inaction of the City and District their public officers, agents, representatives, successors, assigns and employees, i / As specific consideration for the indemnification provided the City by the Consultant hereunder, the City shall pay the amount of one [($1.00) by credit upon receipt by the Consultant of this signed contract. 25. Dru~-Free Workplace: The con}ract documents also consist of the "Drug-Free Workplace Form" which is in accordance with Flbrida Statute 287.089 and must be signed. 26. City's Responsibilities: (a) The City shall designate a representative authorized to act on the City's behalf with respect to the Work. The City or such authorized representative shall render decisions in a timely manner pertaining to documents subrhitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential t~rogress of the Consultant's services. Co) Prompt written notice shall be~ given by the City to the Consultant if the City becomes aware of any fault or defect in the iWork or nonconformance with the Contract Documents. (c) If the Work is suspended by !the City for more than thirty (30) consecutive days, the Consultant shall be compensated foi services performed prior to notice of such suspension. When the Work is resumed, the Consultant's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Consultant's's services. (d) Failure of the City to make payments to the Consultant in accordance with this' Agreement shall be considered substantial nonperformance and cause for terminatic~n. (e) In the event of termination not the fault of the Consultant, the Consukant shall be compensated for services performed prior to termination. (f) Upon receipt of Consultant's invoices, payments are due and payable within thirty (30) days. However, no compensation shall be due Consultant for any services rendered toward the Work if reimbursement for said services is rejected by District, and any payment made for such services shall be credited to City. 27. This A~eement shall be governed by the laws of the State of Florida. 28. Insurance Requirements: The Consultant agrees to carry insurance as outlined in paragraph 6 of the Request for Proposals hereof, and shall obtain the same prior to starting work.. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Consultant and the insurance company shall a~ee to furnish the City thirty (30) days written notice of intent to terminate said insurance. 12'4 WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): TItE CITY OF SEBASTIAN Sally A. Malo, CMC City Clerk By: Terrence R. Moore, City Manager Approved as to fOrm and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: Name: Nalne~ CONSULTANT:. CA~d~P DRESSER & MCKEE, INC. By: Nan ~e: Titl ~,:. DRUG.-F~E WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Camp Dresser & McKee, Inc., does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-flee workplace,- any available drug counseling, rehabilitation, employee assistance pro,ams and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Para~aph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of ,ouilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the Umted States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction, Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace tlu-ough implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certi~ that this firm complies fully with the above requirements. Date: Camp Dresser & McKee, Inc. 12 PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON ~PUBLiC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf Of dealers or suppliers who will skip commodities and receive payment from the resulting contract, it is your responsibility to see that copy(les) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form Mil not be allowed after the quote, b!~l, or proposal opening time and date. Failure to complete tkis form in every detail and submit itwith your quote, bid, or proposal may result in immediate disqualification of your bid or proposhl. The 1989 Florida Legislatul-e passed S~nate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Sect:,on 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency orlpolitical subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agenZY or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, cor~spiracy, or material misrepresentation. By law no public entity shall accept an~ bid from, award any contract to, or transact any business in excess of the threshold amount prDvided in Section 287.017, Florida Statutes, for category two (currently' $10,000) with any per,on or affiliate on the convicted vendor list for a period of 36 months from the date that person Or affiliate was placed on the convicted vendor list unless that.person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. i Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold ambunt of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The atta4ched statement or affidavit will be the form to be utilized and must be properly signed in the presknce of a notary public or other officer authorized to administer oaths and properly executed. ; THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YQUR OUOTE OR BID DOCUMENTS. NON- INCLUSION OF TltIS DOCUMENT MAY ~q'ECESSITATE REJECTION OF YOUR UOTE OR BID. !1.3 SWORN STATEMENT UNDER SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRiMS TIlIS FORM MUST BE SIGNE'D 12N' TIlE PRESENCE OF A NOTARY PUBLIC OR OTItER OFFICER AUTitORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with the Stormwater Master Plan Consultant Agreement for TH]E CITY OF SEBASTIAN. 2. This sworn statement is submitted by Camp Dresser & McKee, Inc., whose business address is 1701 State Road A-I-A, Suite 301, Vero Beach, Florida 32963and (if applicable) its Federal Employer Identification (FEIN) is 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime,-with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information ::~ter July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor ora person convicted ora public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person_ A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(~), Florida .S_tatutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power roi enter into a binding contract and which bids or applies to bid on contracts for the prows~on of goods or services let by a public entity, or which otherwise transacts or applies to ti'ansact business with a public entity. The term "person" includes those officers, directorS, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, ~he statement which I have marked below is true in relation to the entity submitting this sWorn statement. (Please indicate which statement applies.) ~ Neither the entity submitting tkiS sworn statement, nor any officers, directors, executives, partners, shareholders, emp!oyees, members, or agents who are active in management of the entity, nor any affifiate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, sharehoBers, employees, members or agents who are active in management of the entity, or a~ affiliate of the entity has been charged with and convicted of a public entity crime SUbseqUent to July 1, 1989, AND (Please indicate which additional statement applies.) ~ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Ad~rlinistrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) ~ The person or affliate has not b~en placed on the convicted vendor list. (Please describe any action taken by or pending With the Department of General Services.) Dale: (Signature) STATE OF FLOPd]DA COUNTY OF The foregoing instrument was ac 'knowledged before me th/s __ day of March, 2001 by (title) on behalf of Camp Dresser & McKee, Inc., He/she is personally known to me or has produced as idemification and did ( ) did not ( ) ~ake an oath. (Notary Signature) My Commission Expires: Commission Number: CDM c=~ ~ ~ ~ ~: CAMP DRESSER & MCKEE INC, . SCHEDULE OF HOURLY BILLING RATES ~ GROUP Il OFFICER PRINCIPAL ! A~SOCIATE SENIOR PRO~SGIO~ PRO~S$10~ !1 PRO~SSION~ SENIOR SUPPORT SERVIC~ HOURLY RATES 150~00 135.~0 l~.oa lOO.00 80,00 $ 80,00 '$ 60,00 FIELD SERVICES $~NiOR P~, :ss,o,~. PRO,ESS]ONA*. PROJECT SUPPORT $ 75.00 $ 50.00 PROJECT ADI~ A~i subconsultant and ol subject to a minimum he CHIEF FINANCIAL OFFICER NlSll~TION $ 51~.00 her project misted expenses are ndlJngJadmini=tratlve charge of 10%. RATES EFFECTIVE THROUGH JUNE 3n, 2.001 EXI-IIBiT "A" 'PROFESSIONAL CONSULTANTING SERVICES For CITY OF SEBASTIAN MASTER STORMWATER MANAGEMENT PLAN APRIL 2001 Background In September 2000, the St. Johns River Water Management District (SIRWMD) entered into an agreement with the City of Sebastian (CITY) to develop a master stormwater management plan (MSMP) for the area within the CITY tributary to the Indian River Lagoon (Figure 1). The two objectives of the MSMP are to identify potential best management practices (BMPs) to improve the water quality, reduce freshwater discharges, and to promote aquifer recharge within the study area and to identify local flooding problem areas and possible system improvements. To the extent possible, the intent is to build upon the information compiled in the 1~96 City of Sebastian Stormwater . Management System Conceptual Master Plan (1996 Study). Under the terms of the agreement, the SJRWMD will provide input on project direction and w/Il review project deliverables. The CITY is responsible for project execution. To meet these obligations, the CITY contracted with Camp Dresser & McKee Inc. (CONSULTANT) to develop the MSMP for the study area. Currently,. stormwater runoff from the CITY is conveyed through a series of stormwater canals to either the South Prong of the Sebastian River (majority of CITY) or directly to the Indian River Lagoon. Of the approximate 14 square miles within the CITY, 60 percent of the area is comprised of the Sebastian Highlands residential development. The airport and golf course comprise another 10 percent of the tributary area. The remaining 30 percent is a mix of land use types. The South Prong of the Sebastian River has almost 70 square miles of tributary area upstream of the CITY limits. A radial gate dam controls fifty-five square miles of this upstream area. The Sebastian River Water Control District (SRWCD) operates the dam. Stormwater runoff.from the majority of the CITY (Sebastian Highlands) flows into a series of perimeter canals that discharge to the South Prong of the Sebastian River. The Elkcam, Stonecrop, and Collier stormwater structures control the perimeter canals. The remaining areas of the CITY either flow into the South Prong of the Sebastian River or to the Indian River Lagoon through existing ouffalls. The effectiveness of the CiTY's stormwater management system is dependent upon structure operation, tide conditions, and severity of storm events. Presented below is the scope of services developed to complete this project. ~ Scope of Services for City of Sebastian Master Stormwater Management Plan Page 1 of 9 rb3583 ~CHEDULE OF HOURLY BILLING RATES FOR LEGAL AND COURT-RELATED SERVICES, EXPERT WITNESS TESTIMONY' AI~ID sPEcIAl. CONSULTING ASSIGNMENTS CLASSIFICATiON HOURLY' RATE OFFICER $ 300,00 PRINCIPAL/ASSOCIATE 250.00 SENIOR PROFESSIONAL $ 200.00 PROFESSIONAL II PROFESSIONAL I $ 150.00 $ 125.00 PROFESSIONAL SUPPORT SERVICES ADMINISTRATIVE sUPPORT i CHIEF FINANCIAL OFFICER RATES EFFECTIVE THRouGH JUNE 30, 200'I $ 90.00 $ SS.00 "EXHIBIT I"A" Scope of Services The CONSULTANT will provide the following scope of work: Task 1.0 Data Collection and Evaluation The CITY shall make available to the CONSULTANT all data previously gathered or developed for the 1996 Study or other stormwater related data compiled by the CITY or the SJRWMD including (as available): · Development Plans. · SJRWMD Permits. · Hydrologic and Hydraulic Data and Evaluations. · Environmental Data and Evaluations. ,, Geotectmical Data and Evaluations. · Survey and Right-of-Way Data. · All input and output'files for the ICPR models (digital data sets). · Existing and Future (build-out) Land Use Map. · Wetlands Map. Available Aerial Maps. [] Historical Rainfall Data. [] Natural Resource Conservation Service (formerly SCS) Soils Data. · Existing Consulting Reports. [] Historical Flood Complaint Records and Location Map. [] High Water Mark Elevations (ft-NGVD). · Flood Protection Level of Service Goals. [] Existing CITY Stormwater Management Regulations/Design Standards. The CONSULTANT will review these data for sufficiency in updating the hydrologic and hydraulic parameters needed for tiffs study. The CITY will provide both a hard copy and digital copy (*.dxf, *.dwg, or *.stp) as available. Based upon information collected, the CONSULTANT will prepare a base map of the study area using Geographic Information System (GIS) software ArcView Version 3.2a and existing coverages that will include roadways, parcels, and water bodies. Also, the CONSULTANT will prepare a brief letter documenting the completeness of the data provided by the CITY in terms of updating the hydrologic and hydraulic parameters for this study. To the extent practicable, the CONSULTANT will not repeat inventory efforts previously completed for this basin. However, based upon the judgement of the CONSULTANT, additional information may be collected in areas already inventoried if existing data is questionable or requires further support for use. Task 2.0 System Inventory and Survey The CONSULTANT will develop a structure inventory for the study area based upon published data collected under Task 1 as defined in the following subtasks. Subtask 2.1 Existing System Survey The CONSULTANT will add to the project base map the structures inventoried as part of ~ the 3.996 Study. In addition, the CONSULTANT will add new structures to the project bas~'~ t q ~ map identified from completed studies and development plans provided by the CITY. /' [ ~,D ~ Only primary structures ( >36 inches in equivalent diameter) will be inventoried. For eac~ Scope of Services for City of Sebastian Master Storrnwater Management Plan Page 2 of 9 rb3583 structure inventoried, the CONSULTANT will record the geometric information (diameter, length, invert elevations, material, top-of-road elevation, etc.) as available. The CONSULTANT has budgeted for 25 additional structures to be inventoried. If the inventory reaches 25 structures and is not complete, the CONSULTANT will provide the CITY with a new work order and budget to complete the additional inventory for review and approval. Subtask 2.2 Field Reconnaissance Based on the updated inventory, the CONSULTANT will complete a field reconnaissance of any new primary structures identified under Task 2.1. The CONSULTANT shall record observed scour, physical deficiencies, arid other environmental problems for the additional structures inventoried. Subtask 2.3 Survey Plan Based upon the results of Subtasks 2.1 and 2.2, the CONSULTANT will prepare a recommended survey plan for stormwater structures and/or open channel cross sections that will be included in the updated stormwater model of the study area. The survey plan will consider the stormwater model upcates currently being done by the SJRWMD. The CONSULTANT will implement the plan as mutually agreed upon by the CITY and the CONSULTANT. For purposes of this scope of services, the CONSULTANT has established a survey budget of $25,000. Survey costs beyond this amount will be considered additional services to this agreement. Task 3.0 Hydrologic Model Update The CONSULTANT will update the existing Advanced Interconnected Pond Routing Model (ICPR) hydrologic representation of the CITY provided by the CITY using the data collected as part of Task 1 and Task 2 and defined by the following subtasks. For the purposes of this task, the model pr0vid~d by the CITY for use in this study is assumed to be numerically stable (stages and flows)i and shall include any updates completed by the SJRWMD. If the stormwater model is found not to be numerically stable, the CITY will be responsible for correcting the model provided to the CONSULTANT in terms of numeric stability or amend this contract (scope ahd budget) to have the CONSULTANT correct the existing model to a level mutually agreed upon by the CITY and the CONSULTANT. The CONSULTANT will use ICPR Version 2.20 for new stormwater model analyses completed under this study. To the extent practica'~le, the CONSULTANT will use the hydrologic parameter data compiled for the 1996 Study. Subtask 3.1 Hydrologic Unit Delineation The CONSULTANT will review the hydraulic unit delineations completed as part of the 1996 Study. Hydrologic unit boundarie~ will be modified (if necessary) based upon data collected under Task 1 and Task 2. The ~OUNSULTANT will digitize the modified hydrologic units using ArcView Version 3.2a and add them to the project base map. For the purposes of this Study, the CONSULTANT has assumed a maximum of 25 hydrologic units will be added or boundaries modified. Subtask 3.2 Existing Land Use Data: The CITY will provide the CONSULTANT with a digital copy of their most recent existing land use map in a format compatible wi~ ArcView Version 3.2a. Discrepancies noted by the CONSULTANT between the existing land use map provided by the CITY and available Scope of Seroices for Ci~ of Sebastian Master Stormwater Management ?lan Page 3 of 9 rb3583 aerial photographs reviewed by the CONSULTANT will be documented in a letter and - sent to the CITY for review. The CITY will be responsible for making corrections to the existing land use map and providing the COUNSULTANT with a revised digital copy suitable for use in updating existing condition hydrologic parameters. Existing (and future) CITY defined land uses will be aggregated into the following eleven (11) land use categories: [] Agriculture/Golf Course [] Open [] Low Density Residential [] Medium Density Residential High Density Residential [] Institutional [] industrial/Utility [] Commercial [] Wetlands [] Waterbodies [] Major Roads The CONSULTANT will prepare a digital and hardcopy map showing land use data using a scale that will fit on an ll-inch by 17-inch drawing. Subtask 3.3 Future Land Use Data The CITY will provide the CONSULTANT with a digital ,copy of their most recent future land use map in a format compatible with ArcView Version 3.2a. Discrepancies noted by the CONSULTANT between the future land use map and the existing land use map provided by the CITY under Subtask 3.2 will be documented in a letter and sent to the CITY for review. The CITY will be responsible for making corrections to the future land use map and providing the COUNSULTANT with a revised digital copy suitable for updating future condit/on hydrologic parameters. Future land use data provided by the CITY will be aggregated into the eleven land use categories defined in Subtask 3.2 by the CONSULTANT. The CONSULTANT will prepare a digital and hardcopy map showing land use data using a scale that will fit on an ll-inch by 17-inch drawing. Subtask 3.4 Soils Data The CONSULTANT will use the digital soil data available from the SJRWMD to create soils coverage for the study area. The digital soil data available from the SJRWMD are based upon the U.S. Department of Agriculture Soil Conservation Service Soil Survey of Indian River County, Florida. These data will be classified into their defined Hydrologic Soils Group (A, B, C, or D). The percentage of each Hydrologic Soil Group within a hydrologic unit will be estimated using the mathematical functions of ArcView Version 3.2a. The CONSULTANT will prepare a digital and hardcopy map showing Hydrologic Soils Group data using a scale that will fit on an Il-inch by 17-inch drawing. Subtask 3.5 Hydrologic Parameters For each modified hydrologic unit, the CONSULTANT will determine a composite Curve Number (CN) under existing and future land use conditions using the information /7., developed under this Subtask. Additionally, the CONSULTANT will determine the tim~ ] ¢ ~/ Scope o/Services for City o/Sebastian Master Stormwater Management Plan Page 4 olk~Z.--- tb3583 of concentration for each modified hydrblogic un/t. These data will be input to the hydrologic component of the ICPR Version 2.20 Stormwater Model. Updated hydrologic parameters will be tabulated in the final report. A digital copy of the ICPR Version 2.20" model data sets will be provided to the CITY at project completion. Task 4.0 Hydraulic Modeling The CONSULTANT will update the existing Advanced Interconnected Pond Routing Model (ICPR) hydraulic representation of the CITY provided by the CITY using the data collected as part of Task 1 and Task 2 as defined by each subtask. For consistency, the stormwater model provided by the CiTY shall include the model updates currently being done by the SJRWMD as part of their stormwater pond design. For the purposes of this task, the model provided by the CITY for use in this study is assumed to be numerically stable (stages and flows). If the stormwater model is found not to be numerically stable, the CITY will be responsible for correcting the model provided to the CONSULTANT in terms of numeric stability or amend this contract (scope and budget) to have the CONSULTANT correct the existing model to a level mutually agreed upon by the CITY and the CONSULTANT. The CONSULTANT will use ICPR Version 2.20 for stormwater model analyses completed under this subtask. To the extent practicable, the CONSULTANT will use the hydraulic data compiled for the 1996 Study. Subtask 4.1 Hydraulic Model Update The CONSULTANT will update the exis~ng model schematic of the study area to show the delineation of hydrologic units, basin ne~vork nodes, and linkages, and storage elements prior to the design storm analysis. The stormwater model schematic will be updated using the data collected under Task 1 and Task 2. Once the CITY approves the schematic, the CONSULTANT will update the hydraulic elements of the existing ICPR stormwater model to reflect modifications to the PSWMS thht have occurred since the 1996 Study based upon the information collected under Task 1 a~d Task 2. Subtask 4.2 Design Storm Analysis The CONSULTANT will use the updated iCPR model of the existing hydraulic system to simulate the mean annual, 25-, and 100-}{ear/24-hour design storm events under existing and future land use conditions. DesignStorm events will be simulated using the Natural Resource Conservation Service Florida Modified Rainfall Distribution and under normal antecedent moisture conditions (AMC Iii. The CONSULTANT will tabulate the resulting peak stages for the modeled system. Ba~ed upon this t. gble, predicted serious flooding problems (flooding of homes/buildings Or road flooding greater than 1 foot deep) will be identified when comparison data are available and added to the project base map. Task 5.0 Water Quality Modeling The CONSULTANT will update the nonpoint source pollutant loading assessment completed as part of the 1996 Study as described in the following subtasks. Subtask 5.1 Regional Best Management Practice (BMP) Update The CONSULTANT will conduct one (1/ workshop with CITY staff to develop CITY-wide estimates of existing regional BMPs inclfiding type, location, and approximate tributary area. This will be accomplished by hand marking subdivisions and similar regionally developed areas served by existing BMP~ on existing maps of the CITY (hardcopy). The / Scope of Services for City of Sebastian Master St~rmwater Management Plan Page 5 of 9 rb35§3 maps used for this effort will be based on the most recent available digital aerial photographs provided by the CITY. Once regional BMPs have been identified, the CONSULTANT will digitize the tributary area served by the regional BMPs using ArcView Version 3.2a and estimate land use types served (based upon Subtask 3.2 and 3.3). The CONSULTANT will tabulate the results. Subtask 5.2 Event Mean Concentration (EMC) Values Update The CONSULTANT will compare' the EMC values used for the 1996 study to the values compiled by the CONSULTANT for the Southeastern United States. The CONSULTANT will also compare these values to recent sampling data provided by the CITY and the SJRWMD (if any). EMC values estimated through a sampling program must be land use specific to be comparable. The CONSULTANT will recommend to the CITY a final set of EMC values to be used for this effort for the eleven land uses. Subtask 5.3 Nonpoint Source Pollutant Loading Update The CONSULTANT will incorporate the hydrologic pollutant loading data developed as part of the 1996 study and the data developed under this subtask into the Watershed Management Model (WMM) Version 4.16 which is Microsoft Access© based. The CONSULTANT will use WMM to conceptually evaluate relative changes in annual stormwater pollutant loads from the CITY to ..the South Prong of the Sebastian River and to the Indian River Lagoon under existing and future land use conditions and under existing BMPs. Pollutant load projections will be generated using WMM for the 12 USEPA indicator pollutants (BOD5, COD, TSS, TDS, TP, DP, TKN, TN, Pb, Cu, Zn, and Cd). It should be noted that only non-point source pollutant load estimates will be estimated. The results will be tabulated for the CITY. Task 6.0 Alternative Evaluation The CONSULTANT will develop conceptual alternative improvements for both flooding. and water quality as defined in the following subtasks. Subtask 6.1 Ftooding Alternative Improvements The CONSULTANT will develop alternative improvements for the problems identified under Task 4. A maximum of two (2) alternative improvements will be developed for each identified flooding problem. Alternative improvements will be directed towards serious flooding problems which will also aid/relieve some nuisance problems in order to meet the CITY's assigned LOS. Stormwater system improvements will be conceptually designed using the CITY's LOS criteria. The alternatives will be based on water quality and water quantity improvements, which may consist of nonstructural and structural modifications to the PSWMS. Improvements may include conveyance modifications coupled with treatment/storage facilities such as wet detention, dry detention, retention, altered wetlands utilization or enhancement, swales, and multi-purpose facilities which can serve as park, conservation, and/or recreation areas. Alternatives will be based upon future land use conditions to minimize structure obsolescence as development occurs within the basin. The recommended alternative improvements will be simulated under future land use conditions using the ICPR model of the study area for the mean armual, 25-, and 100- year/24-hour design storm events. Resulting peak stages will be tabulated. For the recommended alternative plan, the CONSULTANT will develop a conceptual cost estimate. Scope of Services for City of Sebastian Master Stormwater Management Plan rb3583 Page 6o~ Subtask 6.2 Water Quality Retrofit Alternatives In addition to the alternative improvements described in Subtask 6.1, the CONSULTANT will use the results of Task 5 and existing aerial photography to identify opportunities for water quality retrofit within the study area. For the identified water quality retrofit opportunities, the CONSULTANT will Iisi the feasible types of BMPs for these areas and their advantages and disadvantages. The CONSULTANT will prepare a map showing the general location and type of BMPs that warrant further consideration within the study area. Once the list of feasible BMP retrofit opportunities has been mutually agreed upon by the CITY and the CONSULTANT, the CONSULTANT will simulate proposed BMPs (including those developed in Subtask ~.1) using W'MM to determine the relative pollutant load reductions achieved by the water oyality retrofit plan. WMM results will be tabulated. The CONSULTANT will alsq prepare a planning level cost estimate for each water quality retrofit project identified as being feasible. Task 7.0 Report Preparation The CONSULTANT will prepare and d~liver three (3) copies of the draft Master Stormwater Management Plan Report t9 the CITY that documents the findings of Tasks 1.0 through 6.0. The following sections will be used in the report: Executive Summary Section 1 - Introduction Section 2 - Data and Met2aodology Section 3 - Results Section 4 - Alternatives Section 5 - Recommenda~ons After the CITY's review of the draft report is completed, the CONSULTANT will meet with the CITY to discuss their comments. The CONSULTANT will address the comments received in a level of detail mutually agreed to by the CONSULTANT and the CITY and prepare a final Master Stormwater Mann deliver five (5) copies of the final report Task 8.0 Meetings and Coordination The CONSULTANT will attend four (4) meeting with the CITY. The CONSULT~ gement Plan Report. The CONSULTANT will :o the CITY. ~rogress meetings that include the project kickoff ~d'xlT will prov. i~de the CITY with a written progress report prior to each meeting describing the status of each Task and the approximate percent complete, budget spent and budget remaining. Schedule The CONSULTANT will provide a sche~tule for this project within ten days from receipt of a Notice to Proceed (NTP) from the CITY. The CONSULTANT will complete this project within ten months following the receipt ~f final survey. Compensation The CONSULTANT proposes to complete Tasks 1 through 8 for a lump sum fee of $150,000 that includes labor, outside professionals, and other direct costs (see attached Scope of Services for City of Sebastian Master Stormwater Management Plan Page 7 of 9 spreadsheet). The CONSULTANT will invoice the CITY monthly based upon percentage of project completion of each Task, CONSULTANT DELIVERABLES 1. The CONSULTANT will include the following maps in the draft and final report. [] Existing land use map [] Future land use map [] Hydrologic trait location map [] Model Schematic [] City wide alternative improvement map Maps will be developed using ArcView Version 3.2a at a scale mutually agreed upon by the CITY and the CONSULTANT. The CONSULTANT will prepare a survey plan and contract for a maximum of $25,000 of survey services as mutually agreed upon by the CITY and the CONSULTANT. 3. The CONSULTANT shall submit one (1) digital copy of ICPR modeling input and output data to the City. 4. The CONSULTANT shall submit the following tables to the CITY in both hardcopy format: [] One (1) table summarizing the hydrologic parameters for each hydrologic unit; One (1) table summarizing the peak stages predicted by the stormwater model for each design storm event; [] One (1) table summarizing the peak stages predicted by the stormwater model for the recommended alternative; · One (1) table summarizing the WMM results; and [] One (1) table summarizing the recommended CIP. 5. The CONSULTANT shall prepare and submit three (3) draft and five (5) final copies Master Stormwater Management Plan. CITY DELIVERABLES 1. The CITY will make available to the CONSULTANT and provide copies (as needed) of the following data [] Development Plans. [] SJRWMD Permits. [] Hydrologic and Hydraulic Data and Evaluations. [] Environmental Data and Evaluations. [] Geotechnical Data and Evaluations. Scope of Services for City of Sebastian Master Stormwater Management Plan Page 8 ~ Survey and Right-of-Way Data. · Digital input data files for the ICPR models (including any SJRWMD updates). · Existing and Future (build-out) Land Use Map. · Wetlands Map. · Available Aerial Maps. · Historical Rainfall Data. · Natural Resource Conservation Service (formerly SCS) Soils Data. · Existing Consulting Reports. : Historical Flood Complaint Recc~rds and Location Map. · High Water Mark Elevations (ft-NGVD). Flood Protection Level of Service Goals. Scope of Services for City of Sebastian Master St ~rmwater Management Plan Page 9 of 9 i City of Sebastian, Florida OF Ttt crrY ATTORNEY AGENDA TRANSMITTAL Agenda No. t~/' t~7~ Subject: Professional Services Contract with CDM; stormwater utility assessment program Date Submitted: 4/18/01 For Agenda of: 4/25/01 SUMMARY: To irfitiate a stormwater utility, the City must establish a methodology for the charges as well as development an assessment roll for each tax parcel of land within the city boundaries. These resources would be put into a program that could be updated as each parcel is developed or redeveloped, so that the annual assessment can reflect the change in billing status and integrate in the Property Appraiser's tax billing. Work of this nature is generally performed as an ancillary service to a company with either a legal or engineering background. Two of the most prominent firms providing these specialized services in Florida already work with the City on other projects: our bond counsel firm ofNabors, Giblin & Nickerson and our stormwater master plan consultants CDM. A proposal was obtained from the former in the amount of $75,460, which still would require the hiring of an engineer for many of the technical aspects. Since these services are ancillary to a legal matter, they are exempt from the procurement requirements of Florida Statutes and the City purchasing ordinance RECOMMENDED ACTION: Authorize execution of'the Professional Services Agreement with CDM in an amount not to exceed $60,000 AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG ' PROFESSIONAL SERVICES AGREEMENT FOR STORMWATER UTILITy THIS AGREEMENT made this __ day of April, 2001, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, 'Sebastian, Florida, 32958, ("City") and CAMP, DRESSER & MCKEE, INC., a corporation authorized to do business in the State of Florida, 1701 State Road A-l-A, Suite 301, Vero Beach, Florida 32963, ("Consultant"), provides that WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in formulation of a: stormwater utility fee assessment program in accordance with the requirements of law; and WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and,~ WHEREAS, the City in reliance on suctl representation has selected the Consultant in accordance with the requirements of law; and, , WHEREAS, the City and the Consultant idesire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as followS: 1. Recitals. The above recitals are incorporated herein as if set forth in their entirety. 2. Employment of Consultant: The City hereby agrees that it does engage the Consultant and the Consultant hereby agrees tq perform professional services for the City in formulating a stormwater utility fee assessment l~rogram in accordance with the Scope of Work attached hereto as Exhibit "A" ("Work"). 3. Project Schedules: The Consult~t shall perform the services outlined under Exhibit "A" of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Consukant so as to enable implementation of a stormwater utility fee assessment on the year 2001! tax notices. 4. Joint Cooperation: Close collaboration and cooperation shall be maintained by the Consultant with representatives of the City ,nd the City will be entitled at all times to be advised, at its request, of the status of Work and of the details thereof The City shall furnish to at its request, of the status of Work and of the details thereof`. The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Work. 5. Termination: The provisions of this Agreement may be terminated by the City with or without cause. If terminated without cause by the City, at least five (5) days written notice of such termination shall be 'given to the Consultant. (1) In the event the City without cause abandons, terminates or suspends this Agreement, the Consultant shall be compensated for services rendered up to the time of such termination on the hourly basis established herein, and documents generated by the Consultant shall remain the property of'the City. (2) In the event the Consultant terminates this Agreement without cause, all work product and data prepared by the Consultant under this Agreement shall be considered property of the City. The City may enter into an agreement with others for the completion of the work under this Agreement and seek such remedies as provided by law, however, Consultant will be held harmless for the work of others. 6. Compensation: The City will pay the Consultant an hourly rate as described in Exhibit "B" attached hereto, in general accordance with the Project budget as described in Exhibit "C" attached hereto, with a maximum cumulative fee capped at sixty thousand dollars ($60,000). 7. Payments: The Consultant shall submit monthly statements for services rendered. 8. Reimbursement of Costs: The Consultant's general operational expenses are included within the agreed hourly; itemized specially-incurred expenses no additional expenses shall be reimbursed if approved in writing by the Project Manager prior to incurring the same. 9. Term: This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 10. Right to Work Products: The City or its assigns shall have the unrestricted authority to use, in whole or in part, any reports, data, programs or other material prepared under this Agreement, and said work product shall be the property of the City. Any use of any plans and specifications by the City, except the use reasonably contemplated by the City at the time the City entered this Agreement, will be at the City's risk and Consultant, its officers, directors and employees will be held harmless from such use. Notwithstanding any of the provisions set forth above, pre-existing proprietary programs or materials owned by Consultant shall remain the exclusive property thereof, however, City is granted a perpetual license for use of the same to the extent necessary to utilize the Work. 11. Personnel: Except for those tasks delineated as the responsibility of City or some other entiiy, Consultant represents that it will secure at its own expense all personnel and sub- consultants required for rendering services as des?ribed under Exhibit "A" of this Agreement. All such services shall be performed by the Consultaht or sub-consultant, and all persons engaged in work under the Agreement shall be qualified tO perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform such services under this Agreement shall not be employees of the City. 12. Responsibility of the Consultant: , (a) The Consultant shall be responsibl~ for the professional quality, technical accuracy, timely completion, and the coordination of materials, work product and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in tais' drawings, specifications, reports and other services. (b) Approval by the City of work maierials furnished hereunder shall not in any way relieve the Consultant of responsibility for the itechnical adequacy of the Work unless work product was based upon errant information provided by the City or its representatives. The City's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a.waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for damages to the City caused by the Consultant's negligent performance of any of the services furnished under this Agreement. (c) Evaluations of the City's Projec{ budget, preliminary or detailed estimates of Project or operational costs, if any, prepared by ~he Consultant, represent the ConSultant's best judgment as a designed professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the City !has control over the cost of labor, materials or equipment, or over market conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's Project budget or from any estimate of costs or evaluation prepared or agreed to by the Consultant. (d) The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. 13. Subcontracts and Assignability: This is a personal services contract based upon the unique qualifications of Consultant, and Consultant shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Consultant under this Agreement or any work. orders shall have prior written approval of the City Attorney. 14. Compliance With the Law: The Consultant expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the COnsultant to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 15. Waiver: The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consukant under this Agreement. 16. Public Entity: The Consukant shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 17. Indemnification: The Consultant shall indemnify and save harmless the City, ks agents, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Consultant, its agents, servants or employees in the performance of services under this contract. 18. City's Responsibilities: (a) The City designates the City Attorney as its representative authorized to act on the City's behalf with respect to the Project. The City shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. (b) Prompt written notice shall be given by the City to the Consultant if the City becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents.. (c) If the Project is suspended by the City for more than thirty (30) consecutive days, the Consultant shall be compensated for serviceg performed prior to notice of such suspension. When the Project is resumed, the Consukant's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Consultant's services. (d) Failure of the City to make payments to the Consultant in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. (e) In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. (f) Payments are due and payable thirty (30) days bom the date of the Consultant's invoice. Amounts unpaid sixty (60) days after th{ invoice date shall bear interest at the legal rate prevailing from time to time at the principal place !of business of the Consultant. 19. This Agreement shall be governed by the laws of the State of Florida. 20. This Agreement shall not be constrUed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): TIlE CITY OF SEBASTIAN Sally A. Maio, CMC City Clerk By: Terrence R. Moore, City Manager Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: CONSULTANT: CAMP, DRESSER & MCKEE, INC. Name: By: Name: Name: Title: 6 SWORN STATEMENT UNDER FLA. STAT. 287.133(3)(a), 1. This sworn statement is submitted with the Stormwater Utility Fee Assessment Project Professional Services Agreement for TI-~ CITY OF SEBASTIAN. 2. This sworn statement is submitted by CAMP, DRESSER & MCKEE, INC., a corporation authorized to do business in the State of Florida, 11701 State Road A-l-A, Suite 301, Vero Beach, Florida 32963, and its Federal Employer Identification (FEIN) is 3. My name is above is and my relationship to the entity named 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state Or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United !States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United states and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" i or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding Of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information at~er July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo c0ntendere. 6. I understand that an "affiliate" as defined in Fla. Stat. 287.133(1)(a), means: (1) A predecessor or successor of a p~rson' convicted of a public entity crime; or (2) An entity under the control of anynatural person who is active in the management of the entity and who has been convicted of a Public entity crime. The term "affiliate" includes those officers, directors, executives, partners, ishareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another !person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered ani affiliate. 7. I understand that a "person" as defined in Fla. Stat. 287.133(1)(e), means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and Which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, i 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) ~ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) ~ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing' officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate frOm the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) (date) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this __ (title) on behalf of CAMP, DRESSER & MCKEE, 1NC. He/she is personally known to me or has produced identification and did take an oath. day of April, 2001 by as (Notary Signature) N0.S97 D AFT CITY OF SEBAS~ AND CAM1~ DR.~SSER & McXEE FOR STUDY A2CD P,.EP ORT PROFt~SSIONAZ SERVICES P.2 £~f~ft .,4 ~UI~.~ DESCRIPTION OF ENGI~CEN, R~G SERVICES AI'q'O ~~ ~T~ ~ ~ ~ ~bk a~hed ~o ~d ~ · pm ~ 4~t dasd .2001, .I.Th~ Basic Ser~-icas of CDM are de~cr~ as ~ollowS: STOR. MI~A ~'ER UTILI~ PROJECT For ~ purposes of ~ proposal, t~¢ City ~ill b~ m~ona'bl~ £or a~-~isti~t CDM with ~c-rin~ c~min p~m~nt data ~o be. used. ~n'~u~ut the program. 1. P~oje~ Worist~op and ~¢~l Works ~~, ~ CDM) ~ w~hop, ~e p~o~t's obj~e sm~w~ ~s m p~ for ~ ~ Ci~ ~.. CDM will collectively me~t and eoaduot a one-hour work~ witk all p~lially i~volvefl par~eipa~ts to provide an ove. rvi~w of the u~liw proces~ and to d~ overall pro,ram expectations of th~ participanta. During the d~y, CDM and th~ City's project mana~,cr will me~t individuaUy with all tl~ parficipazrls to obmi~ their input and concerns, md tc ~plain their ~ol~ ~ fii~ study proc~s and overall progr~n implcmmmlion. CDM will ic~mtify specific data/infonz~tto~ ne~ts and d~me each pm-ficipant's role in th~ utility ovaluation Th~ one-day workshop ~ be dtrcor~ toward: · Iclen~g existing da~ resottrees to suplx~t th~ fimdi~ malysis process sum~wat~ mauag~-nt issues the st~iuwat~r program m'vi~s DRAFT · Bsmbl/shiug- th~ go~Is m~d obj~v~ {~ ~c ~g ~ d~bm~ ~u~ cap~i~ ~q~ equi~t ~~ ~, ~ C~ ~1 m~ ~mr ~~ ~ ~ ph~~ ~ ~ ~ ~v= Co~ Au~s ~ ~ l~s ~=~ by CDM for ~ Ci~'s ~c. ~ dsm r~ues~ is ~c ~ ~~ ~u~, bu~ is ~ 1~m~ to: · P~ i4~c~on · C~es wM~ ~ ~ow ~e ~ag~ ~p~ ~ ~e Ci~ v~ ~e Co~y The ~W~~ ~~ ~el~, b~ ~ nos ~ m: DRAFT CDM will p~rform ~ random s~',,~pli~ of~p to 900 {~00 ~ ca~ ~ ~ ~ wh~ ~) ~ ~ f~ ~ ~o~o~ ~~ l~d ~ c~: Th~ imp~ area valu~ ~timatcd ~om this procas.~ will be used to d~alop th~ equivalent r~sidmtial uuit bas~ raise. Whil~ it i~ r~cogniz~ thaz ruuoff ~mtion is compI~x (for msmn~ pe~-vicus ara also has ~ n~off ccmm~nnion), cast and ~ ~i~kaiio~ ~ that l~ approach bo kept simpl~. The simplest v4~pro~ is ~volopment ofth~ Equivalent P,~id~tial Unit (EKU). Th~ EKU equivala~ is based at~ th~ ~v~ra~ impawious ar~ per unit of sia~lc family, multi-family, mobil~ home, and candominium parcvl~. The EKUs for rosidondal parcals are caloulat~d as the total imp~-vious ar~a divided by EKU ~lUivs. l~nt. To provi~ c~ in li~ cslimm~ of {mporvious area, CDM will comp~ the samplv dam with data from pr~ious studios far cth~r ~=mmnities. This v~lue will be e~tablish~ ~ the base tmil~ for the final aomm, at~r rat~ During the data deveAoprmmt process, CDM will load T~k 3. ~g & ~oj~Annu~t Cos~ ' p~so~cL Task 4- ~,~,wnu¢ Scenarios CDM will utiliz~ EP, Us d~wloped ia Task 2 ami th= t~tal annual costs clevelopvd m Task 3 lo deter~i-¢ th~ preliminary estima~ ofth~ charge p= ~/~.U flu~ is aclequat~ tO produ~ suff~ent ~v~tu: cov~a%~. Based on the ~ff.o~ dci~d in pmvio~ t~ks, CDM will ~ preliminary values for the charge pcr BP,.U for no more than thrc~ elF, mi upon levels of f'undiug (Hi~, M~imn md Low) and will b~ illustret~-d in tabul~ fnrma~, Thes~ findin~ will be incorporated ~ the Final ~ort (Task 13). ......... DRAFT $. ~4~tfic_~on of iV,,n..l~esldent~d I~o~ ~e~ '~7--~ ~om~on ~d m-t~ ob~d M T~k l. Dam ~ be d~ md ~a~[~d ~ m shape ~le f~ ~e CiW, ~s ta~ ~I ~dud~ imp~ious ~i cfl~s ~ ~1 ~-re~fl ~d z iuduslrid Task 6- Master ~BilHag F~e Data Colle~ion CDM wall ~vmJop master billing da~a that contains the ;p~cifi~ hilling ~mit~ far use by ~ Indian Kiver Tax Coll~mr. Th~ data will be developed i~om two ~ou~ees ofinfonna~on prcvioufly d~scribed; 1) Auditor% infixmafion acqui~d by tl~ City; and 2) Parcel i~ormatio~ dev~l by CDM. P-~eomlaznd~i procedures will iv~01ude access to parc~ dam from the ~ sources provided by the City: auditor izffom~sri~ lahotogna:maoRy, ami other hffca-mntioa which may b~ availabl~ ~o the Cit~, The CiW ~ pro~d~ th~se items nd other docum~tts ~o CDM ~ ae-~ssar~ and wilImala~ itffo~ awailable from apfmapriat$ flle, s th~ will be of assistanc~ to CDM M th~ data d~elotma~t process, Task 7- Billing ~ystem Analysi~ CDM ~ ~ the ~ River Tax Colle~r'.~ bill. Task 8. Marier Billing Data Demelot~m~t Upon oompl~ion ~ T~ 7, CDM ~1 ~p m~ Nm-g data wM~ ~ ~o ~ ~~m m ~s s~c: .. County Audi~s intxmar~ acquired by th~. City;, The parcel data i~om~on d~veloped ~or the City; and Upon campl~on o£ flaeso tasks, CDM will provide file(s) oontai-in~ ~c data to ~e City ~ o PC ~ CiW ~1 b~ ~ibl~ for mag ap~p~ CAMP DRESSER & MCKEE, VERO BEACH M0.597 DRAFT P.6 ~corpor~-~ ~ pr~du~ into th~ seloouxt system Ulxtat~s md ~rre~ons to thc ~ustomcr ~ ~ bc i~: 8~696.d~ DRAFT Tt~ pro~a.,n shall b~ compl~ withi~ fo~ moirths following a Notic~ ~o ?roc~i (NTP) for thg 4. TI~ m~hmt of p~ymgm £o~ sorvi¢~ r~d~red by CDM shall b~ as s~t forth b~low: For the Basic Scr~-i~s pe, rfmmed, the CiV a~c~ ~o ccrmp~ CDM on an ho~iy basis for labo~.ralated statices and oth:r direct costs for all ~imbu~ablc itmms require1 for ~ prcOc~t. Thc hourly basis chm'gcs will inalud~ all items relatocl tn clirc~ labor, overhead associated with ~ labor, and fcc, HOME O:F DELICAN ISLAND City of Sebastian, Florida Subject: Resolution No. R-01-35 Amending Fiscal Year 2001 General Fund, Riverfront Redevelopment Fund, Golf Course Fund, Airport Fund, and the Major Equipment Repla_cement Fund Budgets. Date Submitted: April 18, 2001 A~ro~ ubm~ S anager For Agenda of: April 25, 2001 Agenda No. (~]t' 05 / Department Origin: Finance Exhibits: * Resolution No, R-01-35 · 2"a Quarter Budget Review Memorandum Project Status Reports by fund as of March 31, 2001 · Investment Summary as of March 31, 2001 EXPENDITURE [ AMOUNT BUDGETED: REQUIRED: N/A I N/A APPROPRIATION REQUIRED: N/A SUMMARY Pursuant to policy established in the previous fiscal year, budget reviews and adjustments would be presented to the City Council on a quarterly basis. In addition, project status reports and and Investment Summary is also included for your review. In keeping with the ability of the City to react to changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending increasing the General fund by $527,115, Golf Course fund by $438,249, Airport fund by $335,000, Major Equipment Replacement Fund of $35,000 and decreasing the Riverfront Redevelopment fund by $5,664. The enclosed memorandum of the 2nd Quarter Budget review sets forth the various reasons and mounts which specifically make up the totals above. Move to approve R-01-35. RECOMMENDED ACTION RESOLUTION NO. R-01-35 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FiSCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 27, 2000, the City of Sebastian adopted Resolution No. R-00-50 providing for the adoption of the City's 2000-01 budget; and WHEREAS, an analysis of the revenues and expenditures for the six (6)months ended March 31, 2001 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER!COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sel~astian, Indian River County, Florida for the Fiscal Year beginning October 1, 2000 and ending September 30, 2001 be amended, a copy of which is attached hereto land more particularly identified as "A", which are hereby adopted and t~e revised appropriations set out Exhibit therein are hereby made to maintain and carry on thegovemment of the City of Sebastian, Indian River County, Florida. Section 2. repealed. Section 3. All resolutions or parts of re,, olutions in conflict herewith are hereby This Ordinance shall be come effective on April 1, 2001. It was moved for adoption by Councilmelnber The motion was seconded by Councilme~ being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben Bishop Councilmember Joe Barczyk Councilrnember Ed Majcher, Jr. Councilmember James A. Hill nber The Mayor thereupon declared this Resol April, 2001. and, upon ation duly passed and adopted this 25th day of CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and contem for reliance by the City of Sebastian only: Rich Stringer, City Attomey 2 JANUARY 1, 2001 AMENDED BUDGET GENERAL Revenues $ 7,026,508 Expenditures $ 7,026,508 LOCAL OPTION GAS TAX Revenues $ 543,160 Expenses $ 543,160 DISCRETIONARY SALES TAX Revenues $1,948,970 Expenditures $1,948,970 RIVERFRONT REDEVELOPMENT Revenues $ 102,250 Expenditures $ 102,250 DEBT SERVICE FUND Revenues $ 64,874 Expenses $ 64,874 GOLF COURSE Revenues $1,959,486 Expenses $1,959,486 AIRPORT Revenues $ 300,731 Expenses $ 300,731 MAJOR EQUIPMENT REPLACEMENT FUND Revenues $ 971,100 Expenses $ 971,100 ADJUSTMENTS $ 527,115 $ 527,115 $ $ $ (5,664) $ (5,664) $ 438,249 $ 438,249 $ 335,000 $ 335,000 $ 35,000 $ 35,000 APRIL 1, 2001 AMENDED BUDGET $ 7,553,623 $ 7,553,623 $ 543,160 $ 543,160 $1,948,970 $1,948,970 $ 96,586 $ 96,586 $ 64,874 $ 64,874 $ 2,397,735 $ 2,397,735 $ 635,731 $ 635,731 $1,006,100 $1,006,100 EXtt IBIT A HOME O]~ PELICAN iSLRND TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER DATE: APRIL 17, 2001 SUBJECT: 2nd QUARTER BUDGET REV1-EW - MARCH 2001 As of March 31, 2001, the status of budgets for the major operating funds was as follows: % OF BUDGET AMENDED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $ 7,026,508 $ 4,289,370 $ 2,737,138 61.0% Expenditures $ 7,026,508 $ 3,227,269 $ 3,799,239 45.9% GOLF COURSE Revenues $ 2,048,736 $ 953,595 $1,095,141 46.5% Expenses $ 2,048,736 $ 921,754 $1,126,982 45.0% AIRPORT Revenues $ 300,731 $ 127,934 $ 172,797 42.5% Expenses $ 300,731 $ 116,125 $ 184,606 38.6% Highlights of the six month status analysis include: Overall revenues supporting the General fund are being received as planned. During the first six months, 61.0% of the budgeted revenues were received. The first quarter budget review includes recommendations to increase overall revenue by $527,115 that consists of $4,438 in Penalties on Delinquent Taxes, $958 in Telecommunication Franchise Fees, $27,000 in COPS Grant, $11,081 in Local Law Enforcement Block Grant funds, $5,900 in Mobile Home Licenses, $1,600 in Maps/Publications Sales, $10,263 in Maintenance Service Fees-Airport, $5,975 in Code Enforcement Fines, $44,500 in SBA Interest Earnings, $33,500 in Nontaxable Rents, $28,465 in Sale of Fixed Assets, $5,435 in Contributions and Donations, $13,000 in 4~ of July Donations, and $335,000 in Interfund Transfers from 410 Golf Course Fund. The General fund expenditures are projected to have a net increase of $527,115 resulting from appropriations, a Police department reorganization made during the second quarter, one additional position, special assessment for water at Hardy Park and City Hall Complex of $44,750, a $335,900'~ Inter fund Transfer to 450 Airport Fund, and a net decrease in contingency of $29,849. 2. Special Revenue Funds The Discretionary Sales Tax and Local Option Gas Tax Special Revenue funds are receiving revenue as planned and recording expenditures as expected. There are no recommended changes to these funds for the second quarter. The Riverfront Redevelopment District fund is ~eceiving revenue as planned for both Tax Increment Revenue at 99.7% and bank interest, however, SBA interest earnings are less than anticipated. This will necessitate an amendment to the budget to decrease Tax Increment Revenue by $277 and SBA interest earnings by $5,387 for a total decrease of $5,6B4. Expenditures will be decreased a corresponding amount with Contract Mowing Services decreased by $10,000 which is offset by an increase in Street Lighting by $4,336 due to a 7% fuel charge adjustment in December 2000 and an anticipated 12% fuel charge adjustment in August 2001. 3. Debt Service Fund Overall, the debt service fund is receiving revenue as planned and debt service payment has been made. There are no changes to this fund for the second quarter. 4. Capital Projects Funds Enclosed with this budget review are capital project status reports. There are two additions to capital projects for the second quarter. $4,500 for the installation of an Irrigation System at the Garden Club Park. This is funded by $500 donation from th~ Garden Club and $4,000 from budget savings in the Capital Improvements Project Fund. In addition, $9,400 for additional cost associated with the Creative Playground for installation of additional sidewalks and approaches to the playground. Funding is from budget savings in the Capital Improvements ProjeCt Fund. 5. Golf Course Fund The Golf Course fund anticipates revenue increases of $438,249 as a result of an increase in Appropriated Prior Year Retained earnings to fund an increase Of $100,000 in Intrafund Transfers to GC Project fund from the bond refunding and funding the transfer !of cash, $335,000, to the General fund pursuant to the Bond Resolution requiring excess cash to be transferred and designated for capital improvements. The Golf Course expenditures are expected to inciease by $438,249 reference the above transfers as well as increasing the budget for electricity due to increases in fuel charges from FPL of 7% in December 2000 and an approved 12% in August 2001. This is offset by a net decrease in the principal payment on the refunded bonds of $15,000 and an increase in interest payable of $9,387. Airport Fund Overall revenues are being received as planned inl the second quarter and are recommending no changes to this fund for this period. There is, however, a r~commended residual equity transfer of $335,000 from the General fund to the Airport Projects fund to ~be designated for Capital Projects and which will be offset by an increase in unappropriated funds. Expenditures are occurring as anticipated and ther{: are not changes to this fund for the second quarter. 2 7. The following project/program improvements have been implemented or are being planned for implementation and is a part of the 2nd quarter review: The Police Department was re-organized by flattening the chain of command, narrowing the areas of responsibility and more evenly distributing the workload among the supervisors. As part of the re- organization and in keeping with Council's decision to keep the Dispatch function, the two part-time positions were converted to full time. This is in keeping with the overall recommendations by the study on the dispatch system. The re-organization does not affect the budget of the Police Department. A Management Information System Technician is being recommended as an addition to the Finance department. Part of the duties of the Finance department is the maintenance of the City Computer Network. The duties of a technician have been performed by Nancy Veidt, the City's Computer Operator, however, this not being her 'primary duty and responsibility, it has effectively been performed on a part-time basis. Over the past twelve months, the position has been developing into more of a full time position with an average of 25 to 30 hours a week on various repairs, software updates and upgrades, and administering the system and this does not include the normal maintenance on four servers and 70 computers which would extend it an additional 10 hours a week. The current year cost is estimated to be $15,104. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. Staff will continue to monitor and review each position vacancy as it occurs for service level consequences. Terrence R. Moore, City Manager ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $4,289,370 or 61.0% of the $7,026,508 budget was received during the first six months of the year. This percentage is high due to 89.1 percent property taxes being received during the six mont.as ended March 31, 2001. Last year 53.5% of budgeted revenue was received during the same period. TAXES: Real and Personal Property Tax Collections were 89.1% of budget which is higher than fiscal year 1999-00 when 87.5% of the property tax budgeted was collected. Staff is optimistic, however, that the amount budgeted will be collected by fiscal year end. We have noticed an increase in delinquency penalties and! are recommending an increase of $4,438. The Franchise Fees and Utility Service Taxes will be monitored for the remainder of the year, as most of them are below the 50% collection estimate for the first six months of the year. This is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. We are recommending an increase in the Telecommunications Franchise Fee of $958. This fee is a one time receipt received in December and which exceeded our expectations by this mount. LICENSES AND PERMITS: Occupational and Professional Licenses are being received ahead of last year by 5%, at 89.9% of budgeted revenues as compared to 84.4% last year for the same per~od. Construction permitting is slightly below the 50% at 431.4% of budgeted revenues. While revenues are down slightly, no change is recommended at this time. Generally there are spurts in permitting and although permitting has slowed slightly during the six months ended March 31, 2001, there was a significant increase in permits issued in March of 32 construction permits as opposed to 17 construction permits in February. INTERGOVERNMENTAL REVENUE: During the first six months of 2000-01, the City has receipted 48.2% of the projected revenue which is 9.3% above last year for the same period. This is due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipts received in October by the City is generally associated with revenue received in August by the State and therefore, in accordance with generally accepted accounting principles, would be recorded in the prior year. As such, the revenue (not cash) received in October, 2000 would be recorded in September, thus evening out the revenue recorded. Based upon calculations used during file budget process, we are confident the revenue will be received as budgeted. ' We are, however, recommending an increase in the coPs Grant for police officers by $27,000 which should cover the two existing officers as well as an SRO position for the current year. In addition, we have received the Law Enforcement Block Grant of $11,081 and are recommending a budget increase for this amount. We have also received $5,900 in excess of budget for Mobile Home Licenses and are increasing the budget for the same amount. GENERAL GOVERNMENT REVENUE: During the first six months the City has received 64.5% of the budgeted revenues in this group. This is a 24% percent increase from the previous year of 52% received during the same period. The difference reflects amounts received for maintenance at the Airport which were unbudgeted until known. Although amounts were budgeted in the Airport fund for maintenance, it would have beex presumptuous to record all of it coming back to the al Fund. We are, therefore, recommending an incre,'.se of $10,263 for those reimbursements. 4 FINES AND FORFEITURES: During the first six months, 38.0% of revenue had been collected or received as compared to 64.8% in the prior year. This reflects a downward trend in traffic citation revenue from 66.8% of budget in the previous year to 35.1% in the current year. We will continue to monitor these figures for later adjustment, if necessary. Although, total fines and forfeitures are less than last year and less than projected, Code Enforcement Fines has exceeded expectations and we are recommending an increase of $5,975. MISCELLANEOUS REVENUES: During the first six months the City has received 100.4% of miscellaneous revenues. This compares to 110.2% received in the prior year for the same period. This is primarily due to the revenues being collected well in excess of expectations. SBA Interest Earnings are 77.2% of budget over the first six months and the mounts being earned are not expected to decrease in the foreseeable future and are recommending a corresponding increase of $44,500. Nontaxable Rents is being recommended for an increase of $33,500 following the signing and lump sum payment directly related to the BellSouth Mobility Tower Lease. Sale of Fixed Assets has exceeded all expectations and is being recommended for an increase of $28,465 based upon the auction in February and the anticipated revenues from the auction in April. Contributions and Donations has increased as a result of funds received from various sources for Arbor Day, etc. and is recommended for an increase of $5,435. In addition, we have received half of the expected $13,000 for the 4th of July fundraising program and recommend a budget of the same amount. OTHER REVENUE SOURCES: Pursuant to the Recreational Facilities Improvement and Refunding Revenue Bonds, Series 2001, an amount from the Golf Course is to be transfer to the General Fund for the purpose of funding Capital Improvements. This amount has been determined and calculated to be $335,000 and recommend a budget increase in the same amount (See Golf Course above in Transmittal to Council). The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: ~ AMENDED _ REViSED 2000-2001 RECOMMENDED 2000-2001 Department: General Fund BUDGET CHANGES BUDGET 'Taxes 4,145,631 5,396 4,151,027 Licenses and Permits 486,764 0 486,764 Intergovernmental 1,493,505 43,981 1,537,486 Charges for Services 196,679 11,863 208,542 Fines and Forfeits 143,800 5,975 149,775 Miscellaneous Revenues 218,614 124,900 343,514 Interfund Transfers 6,620 335,000 341,620 Non-Revenue Sources 334,895 0 334~895 Total 7,026,508 527,115 7,553,623 NET RECOMMENDED INCREASE TO THE GENERAL FUND REVENUES $527,115. 5 ANALYSIS OF GENERAL FUND EXPENDITURES The recommended adjustments to the General Fund departmental expenditure accounts include increased funding for fuel expenditures based upon economic forecasts of f~el price increases. Most departmental percentages were at or below the 50% ilevel for the first six months. In addition, there are additional funding requests included! by department. EXPENDITURES: Department: Legislative Personal Services Operating Expenditures Capital Outlay 2000-2001 BUDGET 21,315 9,650 2,136 REVISED RECOMMENDED 2000-2001 CItANGES BUDGET 0 21,315 1,500 11,650 0 2,136 'Total ; 33~101 1,500 34,601 Operating Expenditures - $1,500 is for expenditures associated with attendance for Mayor Barnes and Councilman Hill at the National League of Cities in Washington, D.C. This amount was appropriated in January by Council's approval of attendance. This is the formal increase in budget. Department: Finance Personal Services Operating Expenditures Capital Outlay Total AMENDED REVISED 2000-2001 RECOMMENDED. 2000-2001 BUDGET CFIANGES BUDGET i210,579 15,104 225,683 69,250 1,045 70,295 2,000 0 2~000 281,829 16~149 297,978 Personal ServiCes - Increase associated with a addition of MIS Technician position to Finance staff for the purpose of maintaining the City's Computer Network consisting of 4 network servers and 70 computers. Costs estimated based upon a Technician Position with a starting wage of $11.5682 per hour reduced to five months for the remainder of this year. Operating Expenditures - Increase results from of an incr¢ originally budgeted. Cost per month went from $90 to apt ase in Intemet usage resulting in a higher cost than ,roximately $200. ~Department: Police Administration Division PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY ADJUSTED REVISED 1999-2000 RECOMMENDED 1999-2000 BUDGET CHANGES BUDGET 302,439 0 302~_439 57,723 4,192 61,915 1,500 0 1,500 · Total 361,662 4,192 365,854 Operating Expenditures - Increase reflects an overhaul of the existing data cabling including two additional cable drops for expansion, installation of a 48 port patch panel in telephone closet (provides better access for diagnosing the network), installation of a 24 port switch to facilitate LAN communications in Police Department and to segment fi-om City Hall (this will provide more efficient operations within the network itself.) Department: Police Patrol Division Personal Services Operating Expenditures Capital Outlay AMENDED REVISED 2000-2001 RECOMMENDED 2000-2001 BUDGET CHANGES BUDGET 106,434 4,127 110,561 15,500 11,731 27,231 Total 1,245,128 15,858 1,260,986 Operating Expenditures - Increase accounts for donation of digital camera from Crime Stoppers for $480 and an increase in gas expenditures based upon forecasted gas price increases. Capital Outlay - Increase associated with receipt of Local Law Enforcement Block Grant Funds $11,081 used to offset purchase of three in car cameras and a donation of a Camcorder for $650 from Crime Stoppers. Department: Police Communications Division Personal Services Operating Expenditures Capital Outlay AMENDED REVISED 2000-2001 RECOMMENDED 2000-2001 BUDGET CHANGES BUDGET 265,544 0 265,544 31,008 516 31,524 5,100 7,649 12,749 Total 301,652 8,165 309,817 Operating expenditures - Increase results from annual increase in 800 MHz lines from BellSouth not originally budgeted for. Capital Outlay - Increase associated with replacement of the Computer Server for the Police Department and associated installation costs. Department: Engineering Personal Services Operating Expenditures .Capital Outlay Total AMENDED REViSED 2000-2001 RECOMMENDED 2000-2001 BUDGET CHANGES BUDGET 243,180 0. 243~180 , 19,959 542 20,501 [ 7,700 0 7,700_ i 270,839 542 271,381 Operating Expenditures - Increase is a result of an increase in gas expenditures based upon forecasted gas price increases as well as an additional vehicle for temporary c0nstmction inspector. Department: Central Garage 201 BE Personal Services · ,Operating Expenditures Capital Outlay ENDED REViSED 0-2001 RECOM3iENDED 2000-2001 DGET CHANGES BUDGET 105,237 0 105,237 24,260 500 25,110 1,000 0 1,000 Total Operating Expenditures - Increase results from an increas~ increases. 130,497 500 130,997 in gas expenditures.based upon forecasted gas price Department: Parks & Recreation Personal Services Operating Expenditures Capital Outlay Total AMi gNDED 20C0-2001 BUDGET 368,761 113,682 15,195 497,638 REVISED RECOMMENDED 2000-2001 CHANGES BUDGET 0 368,761 9,253 122,935 0 15,195 9,253 506,891 Operating Expenditures - Increase results from a correctiOn of an error in original budget forecast as well as an increase in gas expenditures based upon forecasted gas price increases. Department: Building Personal Services Operating Expenditures ,,Capital Outlay AMENDED REVISED 2000-2001 RECOMMENDED 2000-2001 BUDGET CHANGES BUDGET 254~980 0 254,980 15,788 993 16,781 15,016 0 15,016 Total 285,784 993 286,777 Operating Expenditures - Increase results from a correction of forecasted postage associated with mailings of Professional License Renewals. Department: Non-departmental Operating Expenditures Interfund Transfers Contingency AMENDED REV/SED 2000-2001 RECOMMENDED 2000-2001 BUDGET CttANGES BUDGET 481,404 164,750 646,154 129,554 335,000 464,554 _ 109,365 (29,849) 79,516 Total 720,323 469,901 1,190,204 Operating Expenditures - Increase results from costs, estimated at $120,000, associated with the implementation of a Citywide Stormwater Assessment. Costs broken down for Consultant to perform the background work to establish the assessment amount, not to exceed $60,000, Property Appraiser costs associated with program changes to accommodate an ERU based assessment approximately $38,000, additional costs associated with printing and mailing related to a one-time notification of the assessment for public hearing (this is a Florida Statute requirement) and any other contingencies associated with the assessment process. Also, increase results from budgeting the Special Assessment cost associated with the Water Line installation for City Hall/PD at $24,366, and Hardy Park at $20,414. Interfund Transfers - Increase results a recommended residual equity transfer to the Airport of excess funds transferred from the Golf Course pursuant to the Bond Resolution Refunding the Series 1992 Golf Course Bonds which has been designated for Capital Improvements and will retain that same character in the Airport Fund. Contingency - Decrease is the net result of the various budget changes outlined above. 9 Following is a summary of the General fund Departments and Divisions explained above: FUND& ACCOUNT DESCRIPTION GENERAL FUND OPERATING EXPENDITURES AND CAPITAL OUTLAY BY DEPARTMENTt DIVISION: LEGISLATIVE CITY MANAGER CITY CLERK LEGAL FINANCE HUMAN RESOURCES POLICE DEPARTMENT ADMINISTRATIVE DMSION PATROL DIVISION CODE ENFORCEMENT DETECTIVE DIVISION COMMUNICATIONS DIVISION ENGINEERING PUBLIC WORKS: ROADS & DRAINAGE GARAGE PERSONNEL BUILDING MAINTENANCE PARKS & RECREATION CEMETERY GROWTH MANAGEMENT BUILDING DEPARTMENT NON-DEPARTMENTAL TOTAL OPERATING EXPENDITURES AND CAPII OUTLAY BY DEPARTMENT/DIVISION: NET RECOMMENDED INCREASE TO THE GENE] AMENDED RECOMMENDED BUDGET CHANGES REVISED BUDGET 33 101 258 390 312 337 109 22O 281 829 186 921 1,500 0 0 0 16,149 0 34 601 258 390 312 337 109 220 297 978 186 921 361,662 4,192 365,854 1,245,128 15,858 1,260,986 93,199 0 93,199 363,553 0 363,553 301,652 8,165 309,817 270,839 542 271,381 1,061,940 0 1,061,940 130,497 562 131,059 175,014 0 175,014 497,638 9,253 506,891 93,940 0 93,940 243,541 0 243,541 285,784 993 286,777 720,323 469,901 1,190,224 7,026,508 527,115 7,553,623 FUND EXPENDITURES $527,115. Revenues ANALYSIS OF RIVERFRONT REDEVELOPMENT DISTRICT SPECIAL REVENUE FUND Special Revenue Fund - Riverfront Redevelopment Tax Increment Revenues Other Revenue ADJUSTED REVISED 1999-2000 RECOMMENDED 1999-2000 BUDGET CHANGES BUDGET 94,306 (277) 94~029 7,944 (5,387) 2,557 Total 102,250 (5,664) 96,586 Tax Increment Revenues - Decrease results from final calculation of property taxes and millage applied there on. Other Revenue - Decrease results from lower than anticipated SBA interest earned which was based upon revenue received from the Tax Increment. Expenditures: Special Revenue Fund - Riverfront Redevelopment .Operating Expenditures Capital Outlay Interfund Transfers Unappropriated ADJUSTED REVISED 1999-2000 RECOMME~ED 1999-2000 BUDGET CltANGES BUDGET 41,250 (57664) 35,586 11,000 0 11,000 50,000 50,000 0 0 0 Total 102,250 (5,664) 96,586 Operating Expenditures - Decrease results from decreased funding availability. Contract Mowing Services with the City is decreased by $10,000 which is offset by an increase in Street Lighting of $4,336 as a result of Fuel Charge increases with FPL. ANALYSIS OF CAPITAL PROJECTS Capital Projects are proceeding as expected (See enclosed project summaries by fund). The following capital projects are proposed to be added to the Capital Projects funds. These projects are interim program changes authorized by the City Manager in accordance w/th the Budget Resolution. Funding Title Amount Source Garden Club Park Irrigation $ 4,500 GF/Svgs Comments Garden Club donated $500 for well drilling and City will pick up cost of materials and install. Creative Playground Sidewalks and Approaches $ 9,400 Budget Svgs 11 Cost of installation of additional sidewalks and approaches at the Creative Playground. ANALYSIS OF GOLF COURSE FUND Revenue: Golf Course Fund Greens Fees Cart Rentals Driving Range Membership Fees Other Fees and Sales Non-Operating Revenue 2000-2002 BUDGET~ 394,000 598,8110 . 31,4{10 80~5( t0 89,5! ~3 765,11.3 REVISED RECOMMENDED 2000-2001 CltANGES BUDGET 0 394,000 0 5982880 0 31~400_ 0 80,500 0 89,593 438,249 1.,203~362 Total 1,959,486 438,249 2,397,735 Non-Operating Revenue - Increase is a result of funding received from the Recreational Facilities Refunding Bond, Series 2001 which is appropriated to the Golf CourSe Project fund of $100,000 (original budget was $600,000) for reconstruction of the Golf Course. In additlon, as a result of the Refunding Resolution, excess funds available were to be transferred to the General Fund for purpose of funding capital improvements. The amount calculated was $335,000. Also, as a result of the refunding, the debt service mount changed as well as an increase in operating expenditures for a net increase of $3,249. The overall revenue for the Golf Course is down by. 1% as compared to the same period last year. We anticipate that we will meet revenue projections, however, we will continue to watch the revenue streams and make recommended adjustments accordingly. Golf Course: Administrative Personal Services O~erating Expenses Debt Service Interfund Transfers AM ENDED 20{,0-2001 Bid DGET ~ 259,478 ]269,638 i 205~30 0 REVISED RECOMMENDED 2000-2001 CHANGES BUDGET 0 259,478 8,862 278,500 (5~_613) 200,317 335,000 335,000 Total i 735,046 338,249 1,073,295 Operating Expenses - Net increase is a result of an increa,, e in fuel charges fi.om FPL of 7% and an estimated August, as well as an increase in usage. 12 Debt Service - Net Decrease results from a decrease in bond principal of $15,000 as a result of the refunding and an increase in interest payable of $9,387. Interfund Transfers - Increase is a result of the Refunding Bond Resolution which requires that excess cash be transferred to the General Fund and designated for Capital Improvements. $335,000 is the amount calculated following the closing of the Refunding Bond. Golf Course: Greens and Maintenance Operating Expenses Capital Outlay Intrafund Transfers AMENDED REVISED 2000-2001 RECOMMENDED 2000~2001 BUDGET CHANGES BUDGET 519,765 0 519~765 14,700 0 14,700 600,000 100,000 700,000 Total 1,134,465 100,000 1,234,465 Intrafund Transfers - Increase results from receiving an additional $100,000 from the Recreation Facilities Refunding Bond, Series 2001. AMENDED REViSED Golf Course: 2000-2001 RECOIVIMENDED 2000-2001 Carts BUDGET CHANGES BUDGET Personal Services 43,644 0 43,644 Operating Expenditures 46,331 0 46,331 Total 89,975 0 89,975 There are no changes recommended for the Golf Course Carts Division. 13 ANALYSIS OF AIRPORT FUND Revenue: ..... ADJUSTED REVISED 1999-2000 RECOMMENDED 1999-2000 Airport Fund BUDGET CHANGES BUDGET Rents & Royalties 18;_1039 0 181~339 Other Miscellaneous Revenue 5,000 0 5,000 Non-Operating Revenue 1 ~4,392 335,000 449,392 Total 3~0j731 335,000 635,731 Non-Operating Revenue - Increase results from a residual equity transfer of funds from the General fund which was transferred from the Golf Course fund and is designated for capital improvemen.,ts only. The offset against expenses will be unappropriated. ANALYSIS OF MAJOR EQUIPMENT .REPLACEMENT FUND Revenue: ._ ADJUSTED Major Equipment Replacement 1999-2~00 Trust Fund BUDGET Interfund Transfers 6~000 Other Revenue 9107100 REVISED RECOMMENDED 1999-2000 CHANGES BUDGET 0 61,000 35,000 945,100 Total 97!,100 35,000 1,006,100 Other Revenue - Increase reflects loan amount increased to $900,000 from $865,000. Additional funds will be used to pay down debt, ~ Expenditures: ADS kISTED Major Equipment Replacement 199!}-2000 Trust Fund BL~)GET Capital Outlay ]65,000 iDebt Service 100,000 Unappropriated 6,100 REVISED RECOMMENDED 1999-2000 CHANGES BUDGET o, 86s_,000 0 100,000 35,000 41~100 Total Unappropriated - Increase reflects the offset of the additic ent in the future. 1 4 971,100 35,000 1,006,100 nal funds received which will be earmarked for debt CITY OF SEBASTIAN CAPiTAL PROJECTS FUND 310 AS OF MARCH 31, 2001 Project Number D~seriptiOn CO 101 City Hall Renovation C 1101 Cemetery Gate Arches Replacement C1102 Riverview Park Playground Equipment C 1103 Scanning/Imaging System C1104 Derelict Vessel Removal Current Year Budget Expenditures 200,000.00 9,468.63 27,661.00 546.78 23,860,00 23,612A1 24,800.00 4,278.34 31,094.00 6,900.00 Prior Year ~E~penditures 53,146.71 All Years Expenditures 62,615.34 546.78 23,612.41 4,278.34 6,900.00 Balance to % Encumbrances Complete Complete 54,836.00 82,548.66 31.31% 27,114.22 1.98% 247.59 98.96% 16,468.00 4,053.66 17.25% 21,700.00 2,494,00 22.19% 307,415.00 44,806.16 53,146.71 97,952.87 93,004.00 116,458.13 CITY OF SEBASTIAN CAPITAL IMPROVEMENT PROJECTS FUND 320 AS OF MARCH 31, 2001 Project Number C0201 C0202 C0204 C0213 C1201 C1202 C1203 C1204 C1205 C1206 C1207 C1208 C1209 C1210 C1211 C1212 C1213 C1214 C1215 C1216 C1217 C1218 C6201 C6202 C6204 C7203 C7204 C8202 C9201 C9208 Description Stormwater Management Plan Update BSSC FY 2001 Improvements Compound Storage Shed Rotary Boardwalk THREE Welcome Signs Riverview Park Impmv Phase I FY01 Retool Shelters ~ Parks Schumann Park Improvements Chemical Storage Facility (Closed to C9201) Land Pumhase & Compund Extension Perimeter Culvert-Columbus Majestic/Seahouse Road Crossing Flomtam Perimeter Culvert Lanfaix/Shakespere Road Crossing S. Wimbrow/Columbia Rd Culvert Dickens Side Yard Culvert - Blk 294 Dock SY - Lot 9/10, B494, U15 Joyhaven SY-Lot 22/23, BK 390, U11 Bayharbour SY-Lot 27, BK 257, UI0 Blossom SY-Lot 8, BK 168, U5 Garden Club Park Irrigation Fleming St Drainage (Swales, etc.) Side Yard Culvert Pipes Elkham Dam Road Drainage Improvement Community Center Improvements Yacht Club Renovation Blossom Drainage Improvements DPW Compound Improvements Hardee Park Restroom Improvements Current Prior Year Year Buret Expenditures Expenditures 200,000.00 80.25 5,000.00 314,100.00 107,712.86 559,32 13,586,00 9,522.37 625.75 29,222.00 23,384.16 3,877.45 20,000.00 10,100.00 295,000.00 821.68 6,000.00 593.96 87,000.00 0.00 0.00 0~00 31,509.00 0.00 4,000.00 2,573.52 9,430.00 1,204.57 8,318.00 2,375.95 6,127.20 1,570.60 8,539.05 8,002.47 14,700.00 9,738.86 12,872,00 6,838,05 12,380.00 10,705.35" 9,918.00 4,738.37 9,918.00 1,409.60 4,500.00 0.00 17,000.00 0.00 150,196.86 34,601.61 115,595.25 1,021,200.00 217,792.36 462,762.07 1,313,205.67 19,701.05 1,293,504.62 40,213.00 372.06 2,380.77 66,421.00 959.92 7,442.55 198,200.00 0.00 0.00 125,435.00 23,249.49 76,723.69 57,562.00 771.97 1,617.29 Balance All Years to % Expenditures Eneumbrance~ Comvlete Complete 5,080.25 194,919.75 2.54% 108,272.18 99,811.00 106,016.82 66.25% 10,148.12 1,500.00 1,937.88 85.74% 27,261.61 1,960.39 93.29% 10,100.00 3,800.00 6,100.00 69.50% 821.68 294,178.32 0.28% 593.96 5,406.04 9.90% 0.00 26,817.00 60,183.00 30.82% 0.00 0.00 #DIV/0! 0.00 31,509.00 0.00% 2,573.52 1,426.48 64.34% 1,204.57 1,450,00 6,775.43 28.15% 2,375.95 1,450.00 4,492.05 46,00% 1,570.60 4,556.60 25.63% 8,002.47 536.58 93.72% 9,738.86 4,961.14 66.25% 6,838.05 6,033.95 53.12% 10,705.35 1,674.65 86.47% 4,738.37 384.00 4,795.63 51,65% 1,409.60 8,508.40 14.21% 0.00 2,553.00 1,947.00 56.73% 0.00 1,296.00 15,704.00 7.62% 150,196,86 0.00 100.00% 711,405.52 93,034.00 216,760.48 78.77% 1,3 I3,205.67 (0.00) I00.00% 2,752.83 37,460.17 6.85% 8,402.47 58,018.53 12.65% 0.00 198,200.00 0.00% 99,973.18 17,321.00 8,140.82 93.51% 2,389.26 55,172.74 4.15% 4,086,552.78 498,821.08 1,970,088.76 2,499,760.93 249,416.00 1,337,375.85 CITY OF SEBASTIAN TRANSPORTATION CAPITAL PROJECTS FUND 330 AS OF MARCH 31, 2001 Project Num~ Des~riotion C0301 Median Improvement Program C0302 Fleming Street Sidewalk C 1301 Barber St Improvements Phase I C1302 Barber St Improvements Phase II C1303 Main Street Landscaping C1304 CR 512 Alley Improvements C 1305 Tulip Drive Bikepath C1306 Schumann Dr Bikepath Extension C9301 Barber St Bridge Improv 10,000.00 64,900.00 238,300.00 200,000.00 I0,000.00 6,000.00 35,200.00 20,400.00 Current Prior Year Year Expenditures Expenditures 4,417.50 4,308.32 All Years Expenditures 8,725.82 0.00 0.00 0.00 0.00 0.00 0.00 0.00 291,000.00 32,850.01 32,850.01 875,800,00 4,4~7.50 37,158.33 41,575.83 Balance to Encumbrances Complete Complete 1,163.00 Ill.18 87.26% 53,104.00 11,796.00 0.00% 238,300.00 0.00% 37,500.00 162,500.00 0.00% 10,000.00 0.00% 6,000.00 0.00% 35,200.00 0.00% 20,400.00 0.00% 258,149.99 11,29% ,._~ ~ 91~,7.~ 742,4_57_17 CITY OF SEBASTIAN ROAD PAVING PROJECT FUND FUND 335 AS OF MARCH 31, 2001 Project Numbvr Description C8308 Road Paving Project CITY OF SEBASTIAN GOLF COURSE PROJECTS FUND 415 AS OF MARCH 31, 2001 Project Nqmber Description C0402 Seal & Asphalt Parking Lot C0403 Irrigation System Upgrade C1401 Golf Course Renovation CITY OF SEBASTIAN AIRPORT PROJECTS FUND 455 AS OF MARCH 31, 2001 Cumnt Prior Y~ar Year All Years Budget Exvend~tures Expenditures Expenditures 3,304,855.00 .4'~:7.~;,?? , 1,90,0,9,8~6.1,4 2,37S,,_7.7S.S9 Currant Prior Amended Y,,ar Year All Years Bu~tget Ex, pendttur$~ ~xpenditurl~ Expenditures 35,200,00 0.00 0.00 67,047.00 10,140.00 56,885.38 67,025.38 700,000.00 2,43i6,70 2,436.70 802,247,00 12,5716;~?,~ 56,885.38 69,462.08 Encumbrances 544,972,65 Balance to % Complete C0mplet¢ 381,106.46 71.98% Balance to % Encumbrances Complete Complete 35,200.00 0,00% 21.62 99.97% 587,000.00 110,563.30 0.35% 587,000,00 145,784.92 Project Number C0501 C0503 C1501 C1502 C1503 C1504 Description 5 Year Capital Improvement Plan R/W Lighting and Security Fence Install Security Fencing (Closed) Rehab Airport Taxiways Airport Admin Building (Closed) GC Holes 11 & 17 Relocation Amended Budget 300,000,00 135,000.00 0,00 625,000.00 0.00 250,000.00 ~10 000.00 Currant Prior Year Year Expend~ures Expenditures 99,43~4.62 53,033.66 2,025.84 45.90 11 ! 4,~0.46 53,079.56 All Years Expenditures 152,468.28 12,071.74 0.00 0.00 0.00 0.00 164,540.02 En oulT~brg.la ~e,,5 11,739.00 250,000,00 261,739.00 Balance to % Complete Comvlete 147,531.72 50.82% 111,18926 8.94% 0.00 #DIV/0! 625,000.00 0.00% 0.00 #DIV/0! 0.00 0.00% 883,720.98 I2.56% CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS STATE BOARD OF ADMINISTRATION AS OF MARCH 31, 2001 GENERAL FUND LOCAL OPTION GAS TAX FUND DISCRETIONARY SALES TAX FUND RIVERFRONT REDEVELOPMENT FUND DEBT SERVICE FUND CAPITAL PROJECTS FUND CAPITAL IMPROVEMENT FUND TRANSPORTATION IMPROVEMENT FUND GOLF COURSE FUND GOLF COURSE PROJECTS FUND AIRPORT FUND AIRPORT PROJECTS FUND CEMETERY TRUST FUND MAJOR EQUIPMENT REPLACEMENT FUND 40.44% 3,781,495.00 0.97% 90,408.00 0.74% 68,978.00 0.43% 40,163.00 1.49% 139,472.00 1.44% 134,971.74 11.37% 1,063,026.72 2.09% 195,074.05 8.32% 778,259.96 15.03% 1,405,414.66 2.53% 236,773.44 0.43% 40,577.06 4.40% 411,422.31 10.32% 965,483.02 Sub-total 100% 9,351,518.96 AIRPORT 100% 179,298.74 GOLF COURSE 100% 1,104,020.57 PAVING LOAN 100% 1,274,127.44 TOTAL 11,908,965.71 HOMi . PiiLIC ' ISLAND City of Sebastian, Florida Subject: Change Order - LPA Group Agenda No. Apj~roved~;~r Submittal by: Tqr~oor~ Department Origin: Airport Dept. H e ad;..---"--~"~"~) General Services: Date Submitted: 4/19/01 For Agenda of: 04/25/01 Exhibits: Change Order form with attachments EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $11,226 $ 111,260 REQUIRED: N/A SUMMARY in July of 2000, Sebastian City Cotmcil authorized an expenditure of $23,740 for the engineering services of Medium Intensity Runway Lighting (MIRL) on runway 4-22. Due to the future reactivation of runway 9-27, a change order in the amount of $11,226 is necessary to include the engineering services of an electrical vault and lighted wind cone. The vault is necessary to house sensitive electrical componems, which run the lighting system. The components for the existing system are cun'ently housed in the hangar of J&S Aviation, which must be relocated in the future. The lighted wind cone is necessm-y for pilots to determine wind conditions at the airport. In addition, traffic pattern infonuation will be displayed on the ground surrounding the lighted wind cone, which will be illuminated at night so that all operations follow the proper patterns. This is common to many airports that are adjacent to noise-sensitive communities The total cost of the design, bidding, and construction services for the runway lighting project will now be $34,966.00, eighty percent of which ($27,972.80) will be ftmded fi'om the Florida Department of Transportation Grant authorized in June of 2000. The remainhag twenty percent will be paid from the Airport Enterprise Ftmd. RECOMM~NDATION Move to approve the change order for Amendment number one in the amount of $11,226 to the LPA Group. CHA_NG£ ORDER # PURCHASE ORDER # com- cTo , T')lc CITY OF SI~BASTIAN CHANGE ORDER FORM %aO PROJECT # CONTRACT NAME CONTRACT DATE " By the signalums aff~xed below, both the City and the Contractor agr~ to the changes as stipulated hereto. Upon proper execution of this document the Conu'ac~r is h~;'~by notLfied to commence work. Ail changes stated below are hereby incorporated and made a part of the Con=act identified above, and all the terms and conditions of said Conu'act are enjoined and m ~ force wkile executing the change(s) stipulated as follows: A) B) CONT1L~CT PRICE PRIOR TO TH2S CHANGE NET (12qCREASE) (DECREASE) RESULTING FROM THIS CHANGE NEW CONTRACT PRICE iNCLUDING T~S CHANGE ORDER CONTRACT T]NIE PRIOR TO T~S CHANGE. (NUlv~ER OF DAYS.) NET (]~CKEASE) (DECREASE) RESULTING FROM THIS CHANGE. (NUMBER OF DAYS.) NEW COMPLETION DATE ]2~CLUDING THIS CHANGE. mo. CONTRACTOR: CITY OF SEBASTIA~N: AulhorJzed Si~atute Title Date Authorized CiP/Manager Date Approvals By Ci~ of Sebastian: Other En~te~ Ci.ty Dept. Head ~ l Fhlance Director Purchasing Ot~cial ATTEST; Sally A. Maio, CMC City Clerk Date AIRPORT CITY OF S~BASTIAN Amendment Number _One (1) to W~rk AuthOrization Nu__m. ber Two (2) (Project Identification No.) One (1) (Amendment Number) It is agreed to undertake the following work in accordance with the provisions of our Prime Agreement for Professional Services dated APRIL 28, 2000. Description of Assignment: The scope of work under Work Authofiza '_i on Number Two (2) titled 'RUNWAY 4-22 MEDIUM INTENSITY RUNWAY LIGHTING' at the Sebastian Municipal Ah'port is amended to include the design and preparation of construction plans for a replacement of the electrical vault and installation of a lighted wind cone. LPA will provide these Basic Services in accordance with Exhibit C, Section I of the Prime Agreement with limited services during the bidding and construction phase services. Services include: 2. 3. 4. 5. Coordination with the City, FAA, and FDoT. Preparation of installation details, interio~ & exterior lighting, etc. Preparation of building and foundation details. Permitting. Preparation of Technical Specifications. Additional Provisions include: The Owner w/Il provide LPA and LPA's ~ubconsuitants access to the site and all available information pertinent to this project, including as-built drawings and documents on underground utilities, pavements, and underground structures within the proj eot limits. b) The Owner will provide pertinent infqrmation regarding airport property, boundary, easement, fight-of-way and other information necessary to create these planning documents. c) The Owner will negotiate additional contract(s) with LPA for services beyond the scope of this project, including airfield signage, REIL's, PAPI's, etc. d) The Owner will obtain all permits and pa)' all fees for permits. Page ~ of 2 3/16/01 Period of Services: The additional services will be performed as specified in the Work Authorization. Basis of Compensation: As compensation for providing services mentioned above, the Owner shall pay LPA on lump sum basis in the following amounts (See Exhibit A): General Coordination $ 730.00 Design $7,002.00 Permitting $ 0.00 Construction Phase $3,494.00 Special Provisions: A. Total: $11,226.00 The following exhibits axe attached to and made a part of this Work Authorization: Exhibit 'A' - Manhour Estimate Exhibit "B" - Subconsultant Proposal Exhibit "C" - Proposed Vault Layout Exhibit "D" - Proposed Lighted Wind Cone Location Agreed as to the scope of services, period of services, and budget*: DATE: THE LPA GROUP INCORPORATED BY: DATE: *Budget will not be exceeded without a Supplemental Work Authorization. Page 2 of 2 3 / 16/01 CLASSIFICATION Project. Manager Engineer.. Technician Technical Assistant TOTAL HOURS TASK COST DIRECT EXPENSES Computer Reproduction Postage Communications Travel Subconeultant 10% Fixed Fee on Subconsultant 'TOTAL'EXPENSES TOTAL COSTS EXHmlT A COST BREAKDOWN FOR SEBASTIAN MUNICIPAL AIRi'ORT RUNWAY 4-22 MEDIUM INTENSITY LIGHTING AMENDMENT NO. 1 TO WOI BASIC SE GENERAL COORDINATION HOURS 4 2 2 PLANS tK AUTHORIZATION NO. 2 RVICES PREPARATION PERMITTING m HOU ~S 4 4 8 HOURS 8 $660.00 0 $o.oo $70.00 $70.00 $~oo.0o $70,00 $73O.oo $5,200.00 $52090 $5,890.90 $7,002:bo $0,00 $0.00 CONSTRUCTION PHASE HOURS 6 2 8 $696.00 $14.00 $100.00 $2,440.00 $244.00 "$2,798.00 $3,494.00 TOTAL HOURS 14 6 8 4 32, $2,468.?0 $154.00 $1oo.oo $0.00 $0.00 $100.00 $7,640.00 $754.00 "$8,758.00 $11,226.00 THE LPA GROUP INCORPORATED 3/15101 Page A-1 23257 '~-':~:" " HILLERS 'ELECTRICAL ENGINEERING, ..March 13, 2001 INC, Mr.. Molten Moharamadi, Ph.D., P.E. THE LPA GROUP INCORPORATED 10008 North Dale Mabry'HighwaY, Suite 202 Tampa, Florida 33618 Subj¢ct: Electrical Design Fee Proposal for the Sebastian Municipal A~rport New Electrical Vault, Wind Cone and Construction Services. Dear Mohsen: Hillers Electrical Engineering, Inc. tHEE) is pleased to provide TI-I:E LPA GROUP INCORPORATED an 'electrical design fee proposal for the Sebastian Municipal Airport new Electrical Vault and Wind Cone. The following items are included in our scope: Includes all City, FPL, FAA and LPA design site visits & coordination meetings, .. Includes all electhcal calculations and electrical riser diagrams. Includes all installation details for electrical vault electrical service, new and futme regulators, airfield lighting racho control system, interior & exterior lighting receptacles, Wind Cone and conduit & conductor layouts, LPA shall provide base vault building and site plans to bIEE on AutoCad-14. FlEE shall provide electrical design to LPA for 60%, 90% on 1 l'x 17" sheets for reviews AutoCad- 14. HEE shall provide 100 % airfield electrical vault plans and Wind Conc on full size mylars & disk to LPA. LPA shall provide all printing of plans & specifications m the City of Sebastian for rev/ews and bidding process~ I-IEE shall provide, all electrical specificatiom, electrical bid items and cost estimates on Word to LPA. LPA shall provide Key sheet, Safety Plan sheet and From-end to Specifications. t-iEE shall provide services during bid & award process. Construction Services for electrical vault and Wind Cone includes( shop drawings, RFI's and 6 on-site visits. Our Proposed Imp-sum fee for electrical design is: Our proposed Imp-sm fee for construct/on services is: $ 5,200.00 $ 2,440.00 SincerelL Tom Doran, V.P. State Road 7, Suite 100, Boca Raton, Florida 334g§ 561-451-9165 Fax : 561~_~86 Exhibit C -./, I CITY OF SEBASTIAN AIRPORT IMPROVEMENTS NOT TO SCAL~// OROUP ~ ~- ~ LIGHTED WIND CONE LOCATION 14.- MAR~ Subject: Interlocal Agreement for Videotaping Services Department Origin: _~ ~ Date Submitted: 04-18-01 For Agenda off 04-25-01 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: Interlocal Agreement For Video Taping Services IAPPROPRIATION REQUIRED: SUMMARY The attached Interlocal Agreement between the City of Sebastian and the School District of Indiml River County, will allow the School Board to provide a sufficient number of trained personnel, working under the direction of a designated supervisor, to accomplish in a professional manner the videotaping and cablecast of the City meetings. RECOMMENDED ACTION Move to authorize the City Manager to execute the interlocal Agreement between the City of Sebastian and the School District of indian River County, Florida for the videotaping and cablecast of City meetings. INTERLOCAL AGREEMJENT FOR VIDEOTAPING SERVICES THIS INTERLOCAL AGREEMENT entered into this __ day o~, 2001, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, a part of the State of Florida System of Pubic ~Education, by and through its School Board (hereinafter called "SCHOOL BOARD"), provides that w~REAS, the Florida Interlocal C6operation Act of 1969 grants the parties the authority to inter into interlocal agreements; md W~REAS, the SCHOOL BOAKDi has a program for teaching students the art of television videotaping; and ' W~REAS, the CITY has the capacity for live cablecast of its meetings and finds it is in the public interest to televise the Same; and WItEREAS, it will' be of mutuali benefit to have the SCHOOL BOARD videotape and produce the cablecast for meetings of the CITY; ~REFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, parties, it is agreed: the sufficiency )f which is hereby acknowledged by the 1. CITY shall provide, at a min:mum, the equipmem listed in the attached Exhibit "A" for use by the SCHOOL BOARD in the performance of its duties hereunder. 2. SCHOOL BOARD shall provide a sufficient .number of trained personnel, working under the direction of a designated supervisor, to accomplish in a professional manner the videotaping and'cablecast of the City meetings set forth in the attached Exhibit "B'. ~ 3. SCHOOL BOARD shall provide all appropriate compensation, insurance (both liability and worker's compensation coverage), and transportation for students and School District Representatives providing services hereunder. 4. SCHOOL BOARD shall maintain all equipment provided pursuant to this Agreement, and shall render technical advice as the necessity of repair, upgrades or replacement of said equipment. 5. CITY shall compensate SCHOOL BOARD in accordance with the Schedule in the attached Exhibit "C". 6. The City Manager shall be the CITY liaison to the SCHOOL BOARD, and shall ensure adequate arrangements are made for access, working area, and processing of payments due hereunder. 7. CITY shall be responsible for all arrangements with the cable company for the.cablecast and replay of the meetings, including any costs thereof. 8. SCHOOL BOARD shall designate a liaison to work with the City Clerk in fulfilling the mutual obligations hereunder. 9. CITY agrees to indemnify, defend and hold SCHOOL BOARD harmless from any and all claims of any nature brought by CITY's employees or agents in the course of performing cITY's obligations under this Agreement, or from any claims by any persons arising from the wrongful acts of CITY's employees or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity.. 10. SCHOOL BOARD agrees to inderrmify, defend and hold CITY harmless from any and all claims of any nature brought by SCHOOL BOARD's employees or agents in the course of performing scHooL BOARD's obligations 'under tkis Agreement, or from any claims by any l~ersons arising from the wrongful acts of SCHOOL BOARD's employees or agents Whatsoever arising from the exercise of'the privileges and obligations set forth hereunde of sovereign immunity. 11. Thi'~ Agreement shall corox~ence April continuing in nature unless and until term/nat Nothing herein shall be deemed a waiver ____, 2001, and shall be .~d by thirty (30) days written notification by any Party to the other party. AGREED to on the date first set forth above. CITY O2F SEBASTIAN, a Florida municipal corporation By: Terrence R. Moore, City Manager Attest: Sally A. Maio, CMC City Clerk (Seal) SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLOKIDA by its SCHOOL BOARD Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney Attest: Chairman Dr. Roger Dearing Superintendem of Schools EXHIBIT "A" EQUIPMENT TO BE PROVIDED BY CITY OF SEBASTIAN FOR USE BY SCHOOL BOARD. DIGITAL CAMOORDER DIGITAL VIDEOCASSETTE RECORDER TRIPOD HEAD TRIPOD DOLLY TRIPOD LEGS WIRELESS MICROPHONE MINI-DV TAPES EXI- IBIT "B" SCHOOL BOARD PERSONNEL TO BE PROVIDED TO CITY OF SEBASTIAN: SEBASTIAN RIVER HIGH SCHOOL TV PRODUCTION INSTRUCTOR APPROPRIATE NUMBER OF SRHS TV PRODUCTION STUDENTS AS DEEMED APPROPRIATE BY THE 'TV PRODUCTION INSTRUCTOR SCHOOL BOARD MAY RESERVE THE RIGHT TO SUSPEND PROVIDING BROADCASTING SERVICES DURING THE MONTH OF JULY. EXHIBIT "C" CiTY OF SEBASTIAN COMPENSATION TO SEBASTIAN RIVER HIGH SCHOOL TV PRODUCTION ACCOUNT: $115.00 PER CITY COUNCIL MEETING BROADCASTING OF OTHER CITY OF SEBASTIAN GOVERNMENTAL MEETINGS TO BE DETERMINED BY BOTH PARTIES. HOME O]~:' ?EL~ ISlAND City of Sebastian, Florida Subject: Resolution No. R-01-36 Establishing a Retirement Plan with the CWA/ITU Negotiated Pension Aprov~.~~.e. ~. .? Exhibits: Resolution No. R-01-36 Agenda No. Department Origin: Finance~ Date Submitted: April 18, 2001 For Agenda of: April 25, 2001 ,,, Memorandum of Understanding - Article 16 - Retirement Contribution Copy of Article 16 - Retirement Contribution effective April 1, 2001 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY The City currently has a non-qualified deferred compensation plan under Internal Revenue Code 457b and agreement with Nationwide Insurance (PEBSCO) and the ICMA Retirement Corporation which all employees subject to the Collective Bargaining Agreement dated April 1, 2001 may contribute to and which the City contributes a percentage (9%) of gross pay. The CWA Union Local 3180 researched various retirement plans, determined that the CWA/ITU Negotiated Retirement Plan fit their needs, and held a vote by which the Union negotiated tkis change in retirement plans. For the City it is a matter of simply redirecting the City's contribution to a different Trust. For the employees subject to the Collective Bargaining Agreement, it represents a retirement plan that will provide a set mount in benefits on a monthly basis, similar to a defined benefit plan. RECOMMENDED ACTION Move to adopt Resolution No. R~01-36. RESOLUTION NO. R-01-36 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO PENSIONS, ESTABLISHING A RETIREMENT PLAN WITH THE CWA/ITU NEGOTIATED PENSION PLAN, PROVIDING FOR AN EXECUTION OF A ME1V~_ORANDUM OF UNDERSTANDING WITH THE COMMUNICATIONS WORKERS OF AMERICA UNION LOCAL 3180; PROVIDING FOR i REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS INi CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian adopted prior resolutions establishing a deferred compensation plan to be administered by the ICMA Retirement Trust; and WHEREAS, the Communications Workers of America Union Local 3180 researched various pension plans and determined that the CWA/ITU Negotiated Pension Plan fits the Union's desires; and WltEREAS, the CWA/ITU Negotiated PensiOn Plan will replace the deferred compensation plan currently negotiated and agreed to in thel most recent Collective Bargaining Agreement dated April 1, 2001 with no change in the contribution percentage; and WHEREAS, the CWA/ITU negotiated Pensio~ Plan is entitled to exemption under the Intemal Revenue Code; BE IT RESOLVED BY T~HE CITY COUNCIL OF TH~ CITY OF NOW, THEREFORE, SEBASTIAN, FLORIDA, that: I Section 1. ESTABLISH RETIREMENT PLAN WITH THE CWA/iTU NEGOTIATED PENSION PLAN. The City of Sebastian hereby establishes a retirement plan with the CWA/1TU Negotiated Pension Plan ("tAe Plan") for purposes of providing a retirement plan for the employees subject to the Collective Bargaining Agreement by and between the City of Sebastian and the Communications Workers of America Union. Local 3180. Section 2. MEMORANDUM OFI UNDERSTANDING. The City hereby authorizes the City Manager to execute the Men~orandum of Understanding amending Article 16 - Retirement Contribution of the Collective Bargaining Agreement dated April 1, 2001 by recognizing the CWA/ITU Negotiated Pensioni Plan as the Pension Plan for those employees subject to this agreement, and that the 9% of gross wages previously apptied to a deferred compensation plan will be forthwith contributed Ko the plan. Section 3. CONFLICT. herewith are hereby repealed. All resolutions or parts of resolutions in conflict Section 4. EFFECTIVE DATE. This resolution shall take effect on April 26, 2001. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember James Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of April, 2001. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Approved as to form and legality for the reliance Of the City of Sebastian only: Sally Maio, CMC Deputy City Clerk R/ch Stringer, City Attorney ARTICLE 16 - RI~TIREMENT CONTRIBUTION This Memorandum of Understanding pertains to the Collective Bargaining Agreement by and between the City of Sebastian and the Communication Workers of America Union Local 3180. It is understood and agreed as to Article 16 as follows: Article 16, Retirement Contribution (a) (b) (c) Effective April 29, 2001, the Employer agrees to[ contribute to the CWA/ITU Negotiated Pension Plan (hereinaRer sometimes referred to as the Plan) nine (9%) of a bargaining unit member's annual gross earnings for each employee covered by this !Agreement, for purposes of providing pensions on retirement, death benefits, and other related ben{fits for covered employees of the Employer and other contributing Employers. The Plan is jointly administered by Trustees appointed in equal numbers by the Union and Employers under an AgreemenI and Declaration of Trust, and has been found by the Internal Revenue Service to be entitled to exemption under the Internal Revenue Code. Contributions shall be paid to the CWA/ITU Negotiated Pension Plan, P. O. Box 2380, Colorado Springs, Colorado 80901, no later than the 15th cffthe following month, together with reports on forms to be furnished by the Plan or the employer's printout, if in an acceptable format. During the effective period of this Agreement, this benefit will be paid monthly over a twelve (12) month period which will continue for the life of the Plan. Title to all monies paid into the Plan shall be held exclusively by the Trustees in trust for use in ~providing the Benefits under the Plan and paYing its expenses. (d) The Employer recognizes that in addition to the Union's fight to enforce this section, the Union shall have the fight in its discretion to take any legal action necessary to collect any contributions or monies due and owing to the Plan and to secure delinqueflt repons. The Employer further agrees that the Union shall have the fight to collect reasonable attorneyS' fees and expenses incurred in connection therewith. The Employer shall supply to the shop steward (chapel chairman) the union representative's copy of the Negotiated Pension Plan employer report fbrms or a copy of the Employer's printout forms on a quarterly basis. Eligibilil3': Only regular full-time bargaining unit members are eligible for inclusion in the CWA/ITU Negotiated Pension Plan. : New regular full-time employees are! eligible for entry into this Plan as of the fnost day of the next full pay period following silty (60) days from their date of hire. 15.1' 15.2: 15.3: 16.1: ARTICLE 15 GROUP INSURANCE · During the term of this Agreement, the EmPloyer agrees to pay the premium during the tonn of this ccmtmot to provide continued group irmuranm coverage to all regular full-time barg~inlng unit members. It is erpressly understood by all parties that the Employer shall pay for any additional group insurance premium for continuation of bargaining unit member coverage up to a maximum of ~;3,900 per year] Iuthe event that group insurance premiums at any poim dining the term of this Agreement exceed the $3,900 maximum limit set, the City and CWA' agree to.re-open this section of Article 15 to seek alternate health cov~age from another carrier. '::: ' In the event that the' premium rate for depmdent group insurance coverage increases, the Employer agrees to notify the CWA as soon as is practicable. The CWA agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another carrier or require .each covered bargaining unit member to contribute his pro rata share of the increased premim cost for dependent coverage, whichever may be applicable. In the event that the carrier increases the premium rate for dependent group insurance coverage the parties agree to, abide by Section 15.3 o£this Article. Any flail-time qualified b'arga/ni~g unit member who Meets to participate in the group insurance dependem coverage option plm will pay fifty (50%) percent of the cost of the premium. Any additional supplemeatal insurance that is optional coverage to the bargaining unit member and that member Meets to pm'chase such optional coverage will be paid for in total by the. member. ARTICLE 14 KETIltEMENT CONTRIBUTION Effective April 1, 2001, the employer shall contribute an mount equivalent to nine (9%) percent of a bargaining unit.member's ann~ gross earnings into a d~red compensation program offered by the City. The aine (9%) percent conm'bution will be in addition to the bargal-lng unit member' s annual gross earnings. This behest will be prorated and paid bi-weekly over twenty-six (26) pay periods. 'This benefit will remain in effect for the life of this agreemeat. Only regular full-time bargaining unit. members are. eligible for inclusion in the deferred 'compensation program. New employees are eligible for entry into this program as of the first day of the next full pay period following sixty (60) days from their date of hire. ARTICLE 17 .PERI~ORMANCE EVALUATION 17.1: The purpose of the City of Sebastian performance appraisal program is to provide a consistent practice of establishing written goals and evaluating the performance of the bargaining unit 29 City of Sebastian, Florida Subject: New truckster and thatcher for Public Works Parks and Recreation Division 3Approved for Submittal by: Agenda No. Department Origin: Parks Supt. C~ris McCarthy ~ Dept. Head: ~.~.//~A Finance: ~ Procurement: Date Submitted: 04/18/2001 For Agenda of.' Exhibits: Written Price Quote EXPENDITURE BUDGET AVAILABLE: REQUIJRED: $10,174.44 $11,289.70 04/25/2001 APPROPRIATION REQUIRED: N/A SUMMARY The Parks and Recreation Division of Public Works would like to purchase a Toro tmckster and Toro verti cut thatcher from Hector Turf of Deerfield Beach, Fl. The truckster is available for $7,300.80 off Florida State Contract #24-070-840-P. This equipment will be used at the Barber Street Sports Complex and all Parks for trash and debris removal along with other duties. The verti cut thatcher is available for $2,873.64 off GSA Contract #GS-07F-8722D. This equipment will be used to verti cut all bermudagrass turf on our sports fields. The combined price for both pieces of equipment will be $10,174.44. RECOMMENDED ACTIONS Move to approve the purchase of a Toro Workman 2100 Model #07253 with electric box lift Model #07259 and ROPS with seat belts Model #07276 from Hector Turf of Deerfield Beach, Fl. for $7,300.80 per Florida State Contract #24-070-840-P pricing. Move to approve Toro 85 thatcher Model #44830 from Hector Turf of Deerfield Beach, Fl. for $2,873.64 per GSA Contract #GS-07F-8722D pricing. GENERAL SERVICES ADMINISTRATION FEDERAL suPPLY CONTRACT GS-07F-8722D GSA PRODU¢~T PRICE BOOK Modification# AS21 COi~TR~CT EFFECTIVE DATE MARCI-1' 01, 1996 THRU FEBRUARY 28, 2006 On-Line acce.qs to contract ordering information, terms and conditions, up-to-date pricing, and the oplion lo create an electronic delivery order i~ availabl~ through GSA. Advantage!, a m~u-driven clatabase system. The INTERNET ~dres~ for GSA Advantage! i$; http:llwww.gsaogov 341~100 30%50 34!~1oo 30581 30594 341-400 09120 341-700 59-3£90 341-700 59-3670 34!-700 62-4600 341-70092-7941 34~-700 59-9770 341-700 ~7-~320 341-700 77-5340 341-700 94-3417 341-700 94-3418 341-700 091~0 341-700 09151 341-700 09152 341-700 09153 341-700 94-68!4 341-700 94-6823 341-70~ 62-46!0 CEITTErRY EQUIPIiKNT, INC. GSA PRODUCT PRICE LIST BFFEC'~ZN~ MARC~ 1, 1996 THRU FEBRUARY 28, 2006 CO~TRACT NII~BERz ~S-07F-8722D D~SCRIPTION GROUNDSMASTER 455-D 2ND (W/SEAT & DECK) ~ROIrlTDSI~%ST~R 580-D GROUNDSMAST~R 580-D ~ROIYlTDSI~AETER $80-D OPTIONAL ACCBSEORIES ROAD PACKAGE KIT {ROPS & C~OPY ~EQUIRED) ~RENNS AERATOR GREENS A~RATOR ~RERI~S A~RATOR TI~S (12 of I t~e re~ired) 3/8" X 3" CORING TrNE 5/8" ~ 3" CORING TINE 3/4' TI~ 3/4" SLOTTED TINES 5/8" EXTE~ED W~ TINES 5/16" SOLID SPI~R Ti~ 1/4" SOLID SPI~R TI~ (R~D~CEM~ TI~S FOR 09~53 KIT) 1/4" SLOTTED TI~S (REP~C~$ ~R 94~6823) 3/8" SLO~ED TI~S (REP~CE~ ~R~S ~R OPTIO~ WI~ROW A~AC~ TIRE SC~PER CORING HE~ 1/4" SPI~R KIT 3/~" SLOTTED TINE KIT 1/4" SLOTTED TI~ KIT TINE BLOTK (8 ~QUIRED WITH 3/4" GSA PRICE 32,008.51 55,~55.80 1,0G2.60 ~0,732.26 1.15 1.23 1.59 2.46 7.90 4.00 2.39 3.08 4.03 214 83 56 59 143 22 194 04 181 63 325 53 12 89 341-400 44860 341-700 01-283-0070 341-700 01-283-0080 342-700 01-283-0050 341-700 01-283-0060 341-700 01-283-0030 341-700 01-283-0040 341-400 44830 341-400 44835 TURF AERATORS TURF AERATOR (78" 3 POINT) REQUIRES 96 TINES TURF AERATOR TINES 1/2 "OPEN BLADE 3/4" OPEN RLADE 1/2" CLOSED BLADE 3/4" CLOSED ~LAI)E 4" SLICING SLADE 6" SLICING BLADE THATCHERS/SEEDERS A~ROTHATCH 83 W/3" CENTF-~R SEEDER 93 {REOUIRES 44830) 3,522.75 4 .21 4,21 4.21 4.21 5.49 7.48 2,873.6~ ~ 2,S4S_~2 PRICES' QUOTED FOB DESTINATION WITHIN TH~ 48 CONTIGUOUS STATES, WASHINGTON DC, OR NEAREST POST OF RMBARKATION FOR OVERSEAS SHIPM~RTS PAGE 3 1301 N.W. THIRD STREET / [)~ERF1ELD BEACH, FL ;33442 TEL: (954) 42g-3200 ', FAX: (954] 360.7667 Quotation Provided for City of SeSastian April 12i 2001 QW. Model # ' De-SeHption : L Unit Price 1 ea '07:253 . Toro Worl~nan"~2100 "1 ca 0~25~ -Toro Elezu'ic B(~x Lift 503.00 ']' ea - 07276 Toro ROPS witfi Se'at Belts Subtotal $8,112.00 L~s F~lorida State Contract- , ..,'-' ""(811.20)' Discount ' ?J003o' Total Pricing per Florida State Contract #24-070-840-P ,, Qty--. Model # Description ~ ---~Unit Price 1 ea '44830 Toro Model 85 ~ha~herwith: $2,873~64' - 3" Ce.n_te_r~ Pricing per GSA Contract #GS-07F-8722D provided by: Chris Fordney (954) 429-3200 TOTAL P,B2 City of Sebastian, Florida Subject: 75th Anniversary Clock Purchase 4~ppro~.ed for Submittal by: T ' Tg eJce Moor mi . ..... Exhibits: Photo and specifications EXPENDITURE REQUIRED: $ 22,325 Agenda No. Department Origi]l~' Publi/_q ~,~ Dept. Head: ~ (~/~/L~J Finance: r~~ ~.0 ~'0,~44. General Services:. ~,,~~ Date Submitted: 04/18/01 For Agenda of: 04/25/01 AMOUNT BUDGETED: $ None APPROPRIATION REQUIRED: $ 22,325 SUMMARY As recommended by the 75th. Anniversary committee, staff has looked into Several Post Clocks to be considered for placement in our cormrmnity. Amer/ean Odin Lights and Products Co. Mexico City, Mexico will manufacture a four-face clock for $6,895.00. The construction is aluminum casting and would be their first attempt of this product. This clock could be delivered in 4-6 weeks. The Verdin Design Group of Cincinnati, Ohio has two four-faced models to choose from. The Four Score II and The Seth Thomas. Both clocks are priced at $22,500 plus installation, $1,225.00 shipping and handling, $500 to $1,000 and could be delivered in 60-90 days. This Company has been building clocks since 1842. Features include, 15' 8 7/8" height, fora- 36" clock face with Lexan dial covers, Automatic backlighting (photocell),Paint finish to our specifications, Manual reset system, Spade hands, UL listed and weatherproof. The Electric Time Company of Medfield, Ma. Has a four-faced Howard Post Clock priced at $20,125, plus installation, $1,200, shipping and handling $500 to $1,000 and could be delivered in 120-140 days. This company has been building clocks since the 1920's. Features include 15' 5 13/16" height, four 36" clock face with Tempered glass dial covers, automatic reset control, automatic power fail correction, built in 100 year calendar, automatic Daylight savings time correction and GPS Satellite Receiver to enable clock to syncl~ronize with National Bureau Standard Atomic Clock, UL listed and weatherproof. After researching these clocks it is Staff's recommendation to purchase the Howard Post Clock from Electric Time Company. RECOMMENDATION Move to waive sealed cmnpetitive bid m~d accept written quotes m~d approve the purchase of the clock from the Electric Time Company in the amount of $22,325 m~d appropriate funds. wanchil From; To; Sent: Subject; E~: OO F'M warlchil <warlchil~email. msn.corl~> <thill~cityoi'sebastJan.0rg> Wednesday, MarCl~ 07, 2001 5:4t PM Fw: Clock Quote P.O~-, Page t of i ..... Original Message ..... From: wanchll To; t h ill ~ ~ityo.f..s..e_b~sJimj~ o~; Sent; Wednesday, March 07, 2001 5:12 PM Subject; Clock Quote Mr. T, Moore, City Manager Mi-, T, Hid, Director' of Public works Dear Mi', Moore; was a pleasure meetlnI~ you and your staff today to cliScuss the Clocks for the City of Sebasti.~n, We are very pleased to provide you with the foilowlng quote for the Clocks: Qty .lt._em. ~.ype Height P~ice 1 Clock 4-faces ~6 FT $ 6, ~B~5.00 1 Clock 2-faces 16 Fl' $ 3,{B95.00 " The prices are FOB City of Sebastian, FL Delivery time in 4-6 weeks fram the aceptance of tt)~ * Fully Operational with U~,- U.L. approved mechani~l * One full year warrantee Color-Black * Your sp~'.~ifiecl Logo on the cloc;k * Payment due upon deliver), ct' the Pr(~duct~ design, n/wiring Thank you for the opportunity to serve you, We would i~mediately begin retooling to manufac.:ure you designed (Logo) Clock upon receipt of a letter of acceptance of the quote and a Notice to Proceed, Plea.~e feel free to contact us anytime if you need additional information. Sincerely, Juan J. Lopez American Odin Lights and Products CO, (813) 870~6440 Tuesday, March I3, :2001 1842 CARILLONS · CI.DCK$ Mr. Terrenee Moore, City Manager City of Sebastian 1225 Main St. geba~ian, FL 32958 RE: Landmark Clock. Applications THt~ VERDIN COMPAN~tr ~[r. Moore: Co.orate Headquarters 444 Reading Road Cincinnati. Ohio 45202 80B~43-0488 5[3-241-1855 (fax) www. verdin~com In follow up to yesterday's conversation, please find below and enclosed pricin8 estimates based on the designs shown in our recent mailer. I have also included relevant information pertaining to general specifications and features. Estimates include paint to your exact specifications, header signage and/or dial face logo work, automatic backlighting, and manual reset system. 202I Eastern Avenue Q,. ]- Follr Score Il (4M): rene..e Park Cincinnati, Ohio45202 ~ $22,500. 513-55%3940 513-221-8726 (fax) 2(t2~ Eastern Avenue Cincinnati, Ohio 45202 513-559-3962 513-55~)-3966 (fax) The Verdin Clock Company 3q(gl K~Hogg Avt~nue Cir~cinnati, Ohio 45226 513-533-2180 513-533-2191 flax) ~amian R, Morano Bradenlon, FL 345~)-4851 Fax: 941-761-8430 2. Front Royal (4L): Reference Lake Worth, FL $]9,000 3. Howard Replica (4K): Reference Rawlins, WY $1g,000 4. The Courtyard (4N): Referen~ Paulding, OH $1o,000 Verdin Installation: $1,225 (Day Rate & Crew Charge) Freight: F.O.B. Cincinnati, OH (Approx. $500 to $1,000) P2~chase~r Re~9~nsilffiifies: A. Wiring to location with &~r~s & sp~atiom by V~. B. Fo~dation & Mount~g Bolts ~th dials & s~fions by V~din. C. Lift track ~m~ce for holing ~d place~t. D. ~y li~s, pe~ts or strops of ending approX. Verdin Installation: Once wiring is completed and clock is placed onto foundation, the Verdin Installation/Service Technician will complete the installation to include equipment testing and a tutorial on proper use of equipment for owners. Creators of the World Peace Bell FOUR SCORE H (4M) 15' 8 7/8" ltEIGHT (4) 36" CLOCK DIALS LEXAN~ DiAL COVERS AUTOMATIC BACKLIGHTING (PHOTOCELL) PAINT FINISH TO YOUR SPECIFICATIONS MANUAL RESET SYSTEM sPn0~ ~~s UL LISTED WEATHERPROOF OPTIONS ROMAN, ARABiC!OR ViCTOR/AN DIALS ACCENT PAINTING CUSTOM LOGO DIALS MASTER CLOCK CONTROLLER INSTALL; ON-SIq PREVENTATIVE MA 3IN COMPANY ~x~o~ oex~o~ ~E SERVICE INTENANCE PROGRAMS , ¥ FOl. m SCORE n J II,,J'JI ' i SP~IFICATION$: FOUR FACED 36 inch LEGIBLE 31-5//4 inch REAR I~UMiNATED FACE ~ ALUMINUM PO~ ~THER PROOF RNISH COLO~ O~ONS AVN~ ~) MODEL No. 4M VERDIN DESIGN GROUP ~ ~ R~sd, Ctnci=flst], (~Jo ~0~ $1~l~lO 1~~ F~I3~i-I~ I II IBJll II ~ I Jll I III II ...... 95 Page 1 of l ~ 0 ,:\WINDOWS\TEMP\4MST ¼20Wauchula.jpg 04/06/2001 3ant By: E:keotrlc T~.me Company; 508 359 4482; Mar-19-01 11:02AM; Page 2 electric/ m Clear fiat tempered glass crystals are provided for protection of thc clock fhees and hands. 115 Volts, 60 Hertz., Style MI clock movement, All bearing surfaces to be made 0f self-lubricating materials, as periodic lubrication will then not be required. All parts to be made of non-corrosive metals such as brass and stainless steel; Illumination provided with off-white neon tubes controlled by the PC-25 photoelectric cell. 3/4" diameter anchor rods made of stainless steel. Type 99A-MI, automatic reset control in a NEMA 3R housing. Automatic power fail correction. Alphanumeric Red LED display. Built in 100 year Calendar. Automatic Daylight Savings time correction,., no user intervention. required. GPS Satellite Receiver. To enable clock to synchroni~ with National Bureau Standard Atomic Clock. All of the above for the net (BUY) price of $13,959,00, plus shipping and handling. This_l~ri~ce_ does not include any sales taxes. (1) Complete Four-Dial E. Howard Post Clock Replica, with an electronic reset control in the base, Cast aluminum post,, minimum 3/8" thick wall, 9'7-1/8" height. Cast aluminum doors. The base of the post measures approximately 17" square. Cast ,'aluminum top head ~sembly, crystal rings, ornamental top. Ail exterior parts of the etoek to have a painted finish. Standard colors include: Forest Green, Matte Black, and Dark Bronze among other colors. Gold Highlighting to highlight the casting detail is optional at no additional charge. Off:white translueem acrylic dial. Hands made of aluminum with non~ corrosive bronze bushings. Clock hands and dial markings to have a matte Etec~ric Time Corn?any, [nc.. '45 West Street. Medfield, MA USA 020J 2 508.359.4396 ;FAX 508.359.4482 Fal/I. AIL sales~electrictima com Home page ~Y4Yi~.electric~ime. com ent By: EZectrlc Time Company; Page @ 508 @59 4482; Man-19-01 11:02AM; elect;ric m black finish. Clear flat tempered glass crystals are provided for protection of the clock faces and hands. 115 Volts, 60 Hertz, Style Mt clock movement. All bearing surl~c~s to be made Of self-lubricating materials, as periodic lubrication will then not be required. All paxts to be made of nan-corrosive metals sueah as brass and stainless steel.: ~ - I Illumination provided with cooi white fluomseem tubes controlled by the PC- 25 photoelectric cell. I 3/4" diamete~ anchor rods m~e of ~tainless steel. 'i'y~ 99A-MI, automatic reset corm'01 in a NEMA 3R hounding, Automatic pt~wer fail correction. Alphanumeric Red LED display. Built in 100 year Calendar. Auton~atic Daylight Savings time corr~ion, no user intervention required, ; GPS Satellite Receiver, To ~nabl¢ ~:l~ck to synchronize with National t3urcau Standard Atomic Clock. ~ All of The above for the nec (BUY) price of $20,12~.00, plus shipping and handling. This price doe~ not include any sales taxes. Please note chat we provide tempered glass crysta..s, not Lexan. The Lexan crystals ~yellow over time, and render ~he clock non-readable. I5. ,ecessary, we can p~'ovide Lexan, but crystals will have to be replaced every year or tw¢~. Since this equipment is custom built, on orders o~rer $1000.00 We require a 40% deposit. Delivery is typically 20 to 25 weeks after receipt ~f purchase order, deposit and release, F.O.B., Medfield, MA. Please see enclosed Standi~rd Terms and Conditions of Sale. If I can be of any further assistance please let me l~now. Sincerely, Brandie Morris Electric Time Company, Inc. - 4~ West Street. Med/}dd, MA USA 02052 508.3 ~ 9. 4396 FA X 508.~ 59. 4482 ~IL sales~lecmct~me, corn Home p~ge ~ ~tect.ri~ime. com