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HomeMy WebLinkAbout10112000City of Sebastian 1225 Main Street, Sebastian, Florida 32958 CITY COUNCIL REGULAR MEETING AGENDA PACKET WEDNESDAY OCTOBER 11, 2000 7:00 PM SEBASTIAN CiTY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 11, 2000 - 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 - f225 MAIN STREET, SEBASTIAN, PLORIDA Inc~vfduals wSI address the City Council with respect to agenda items immea~ately before delibera#on of the item by the City Counc~- limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION and MOMENT OF SILENCE IN MEMORY OF CITY CLERK, KATHRYN O'HALLORAN - Police Chaplain Frank Camillo 4. ROLL. CALl. $. AGENDA MODIFICATIONS (ADDITIONS AND/OR IDEI_ETIONS) Items 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 PRESENTA.'[!ONS 00.200 A. Presentation of Certificate of Appreciation to Thomas Cecrle - Former Construction Board Member 00.218 B. Presentation of Check to City of Sebastian by Alice Russell, Sebastian River Art Club for Riverview Park Benches 00.2~9 7. 00.220 8. 9. 10. C. Florida City Government Week - October 22-28, 2000 CITY ~.TTORNI~¥ MATTERS A. Rolf Zurstrassen Claim Against the City (No Backup) cl'r~ MANAGER MATTERS ~ITY CLERK MATTER~ CITY COUNCIL MATT.ERS A. Mr. Barczyk B. Mr. Hill C. Mr. Majcher D. Mayor Barnes E. Vice Mayor Bishop 1-13 I 00.221 15-20 I i I00.222 I 00.223 23-24 I00.224 25-26 I I I 00.203 I 27-37 I 00.156 3g-45 I I 00.217 47-51 I I 11. 12. CONSENT~G EN[:)A, Ail Items on the consent agenda am considered routine and wSI be enacted by one motion. There w~ be no separate discussion of consent agenda Items unless a member of City Coundl so requests; in which event, the item w~ be removed and acted upon separately. Approval of Minutes - 9/26/00 Special Meeting, 9/27/00 Regular Meeting ~esolu~ion No. R-_00-58 - Establish 401 P,~rement Elan with ICMA Retiremer~t Corporation [Finance Director Transmittal. R-gg-58, AgreementL Finance/Human Resources Memo) a RESOLUTION OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PENSIONS, ESTABLISHING A MONEY PURCHASE RETIREMENT PLAN WITH THE ICMA RETIREMENT CORPORATION, PROVIDING FOR AN EXECUTION OF A DECLARATION OF TRUST OF THE ICMA RETIREMENT TRUST, DESIGNATION OF CITY TO SERVE AS TRUSTEE, AND DESIGNATION OF THE DIRECTOR OF FINANCE TO SERVE AS COORDINATOR AND SIGNATORY ON ALL DOCUMENTS NECESSARY TO ADMINISTER THE TRUST; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Waive Bidding Procedure and Authorize City Manager to Execute Agreement with Clark Sales 21 Display, Inc. for Installation and Removal of Holiday Lighting Display Along U.S. 1 and Indian River Drive in the Amount of $8,560 (City Manager Transmittal) Wolff Wedding - Request for Community Center - 11/4/00 - 4 pm to 9 pm - A/B- 125 Attendees Requires Officer - Security Paid - Age Verified (City Clerk Transmittal, Application) Authorize Sebastian Panthers to Conduct Fundraising Event at Barber Street Sports Complex on 10/13/00 through 10/15/00 (Public Works Transmittal 10/5/00, Panthers Letter) PUBLIC HEARING Procedures for pubic heatfngs: (R. gg-21) · Mayor Opens Hea/fng · Attorney Reads Ordnance or Resoluilon · Staff Presentation · Pubic Input- Umit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing · Council Acilon Anyone 148shing to Speak is Asked to Sign Up before the Meeting, When Called go to the Po~urn and State His or Her Name forthe Record ~.rdinance N0~ O-00-21 - Abando~irtg Easement .Across American Legion (CJty Attorney ~ransmittal. 0-00-21) AN ORDINANCE OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT FROM AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILI'rY; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. O-00-22 - P~rking in Right-of-Way [City Attorney Transmitt~l~ 0-00-22) AN ORDINANCE OFTHE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Ordinance N~ O-00-23 - Abandonment of Right-of-Way Portions of Caprona Street, Cherry Court. Archer Street. a~d Girard Avenue (~j~, Attorney Transrnittal~ 0-00-23) AN ORDINANCE OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING PORTION OF RIGHT- OF.WAY WITHIN SEBASTIAN HIGHLANDS UNIT 17 FOR CAPRONA STREET, CHERRY COURT, ARCHER STREET, AND GIRARD AVENUE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. O0.200A I 53-71 I 00.113 73-75 I77-80 I I 00.052 81-85 I I 00.225 87-115 00.226 117-120 00.227 121-127 00.228 129-133 00.229 135-144 13. 14. 15. 16. II~!T~ODUCTIO~I OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the pret4ou$ six months which is not othanvise on the agenda, sign.up required, limit of ten minutes for each speaker COMMI'I-J'FE[ R_Ep O R'I[~J_I~ECOM M E N DATIO NS Construction Board 1. Interview, Unless Waived, and Appoint Applicant to Vacant Position (City Clerk Transmittal, One Application, Member Dst, Ad) 75th Annivemary Committe.~ 1. Consider Recommendation Re: Art Show/Street Celebration (City Manager Transmittal, Management Team Minutes) Consider Recommendation Re: Millennium Clock Tower Location (City Manager Transmittal, 10/5/00 Memo) OLD BUSINESS - None H~BUSlNESS Resolution No. R-00-43 - Adoption of New City Seal and Logo and Establish Value of Donation (Finance Director Transmittal. R-00-43.) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING A NEW CITY SEAL AND LOGO; ESTABLISHING DONATION VALUE FOR COPYRIGHT; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Resolution No, R.:00,5;[ - Amending City's Investment P@iicy (Finan~'e Transmittal 10/4/00. R-00- 57 w/Attached Ir~vestmept Policy. ELC Letter. Chapter 2000-~64) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY'S INVESTMENT POLICY PURSUANT TO LEGISLATIVE AMENDMENTS OF SECTION 218.415, FLORIDA STATUTES; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize Purchase of Remaining Inventory and Display Units at Golf Course from Pat Cerjan in the Amount of $33,404.53 (Finance Director Transmittal, Cerjan Contract Pages 4-6) Authorize Purchase of Seven Ford Crown Victoria Pursuit PatrOl Equipped Vehicles Pursuant to FSA/FAC Bid #00-08-0905 at a Total Cost of $163,108 (Police Transmittal, Purchase Requisition, State Bid Spec #1) Approve Purchase of Two Eight Foot Utility Beds from Transtat Equipment Inc. for a Total of $6,196 (Public Works Transmittal, Written Quote) Authorize City Manager to Execute Phase I (CR 512 Charette) and Phase II (Indian River Drive/US I Corridor Charrette) Agreements Between City of Sebastian and Treasure Coast Regional Planning Council to Provide Professional Urban Design and Town Planning Services in the Amount of $15,000 Each (City Manager Transmittal f 0/4/00, Agreements) 00.230 145-179 I ; I I I i I i I I I 00.231 181 17. G. Authorize City Manager to Execute Renegofiated Municipal Airport Leases with A & B Leasing Enterprises, Inc. (dba Velocity Aircraft) (City Attorney Transmittal, 2 Leases) H. City Clerk Appointment (City Manager Transmiffal 10/4/00) ADJOURN CAll meetings shall adjourn at I0:30 p.m, unless extended for up to one half hour by a majority vote of Cib/ 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 COORDINATOR AT 589.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcomln¢l Meetinas: · RcgularMe~t~ng- ~dn~day, 10/25/2000.7pm · l~egularM~ting - ~ednesday, 11/8/2000- 7pm t~egular M~tlng . l/Yednesday, 12/6/2000 - 7 pm R~gular Mectlng. ~/~dn,~sday, 12/20/2000- 7pm 4 i MINUT'Es SPECIAL MEETING SEBASTIAN CITY COUNCIL TUESDAY, SEPTEMBER 26, 2000 ~ 6:00 P.M. DRAFT CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALl- City Council P.re~e_nt: Mayor Walter Barnes Vice Mayor .Ben A. Bishop · Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: C~ Manager, Terrence Moore City Attorney, Rich Stringer Finance Director, Mark Mason Police Chief, Randy White Public Works Director, Terry Hill Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg Members of the 75th Anniversary Committee were also in attendance. SPI~Cl/~I= rflEETJNG IT[MS · A. 7~Sth Al~niversary Celebration Activities - City Council Action Ray Coniglio, Chairman of the 75th Anniversary Committee, distributed "City of Sebastian 75th Anniversary Sohedule of Events for the Remainder of 2000" (see attached), described fundraising activities and briefly addressed City Council on. proposed activities including purchase of a clock tower with donated funds and sale of brick pavers and a street party in December. Committee member, Jayne Barczyk distributed a School Essay Outline. The City Manager advised that this item is presented to determine the location of the clock tower and street party and direct staff so that it may then take care of logistics. Special City Council Meeting September 26, 2000 Page Two DRAFT Mr. Coniglio read from 75th Anniversary Committee minutes which reflect a motion to recommend location of the clock tower in three locations as follows: Northeast comer of US 1 and Main Foot of Main Street on the east side of indian River Drive Southwest corner of Main Street and Indian River Drive A lengthy discussion followed on the best location relative to visibility by vehicle vs. foot, concern that the Riverview Park area was omitted from the recommended areas, and what area is perceived as the city center. 'rhe following members of the Committee and public addressed.City Council: Julianne Barrett, 75th Anniversary Committee, recommended Main Street area for clock tower Jayne Barczyk, 75th Anniversary Committee, said results of straw poll on 4th of July reflect majority vote to place clock tower in Riverview Park.area Mayor Barnes suggested that City Council recOmmend two sites, direct staff to resolve the location logistics with the committee and report back at the October 11,2000 City Council meeting for final action by Council. The City Manager said, if directed,, he will bring the issue to the City 'Management meeting on -Thursday, September 28, 2000 and report back to Council at its 10/11100 meeting. It was suggested the committee be involved. Public. input continued as follows: Betsy Field Connelly, 75th Anniversary Committee member, recommended the clock be in an open area and inquired whether there was a conflict of interest if.Mr. Barczyk voted on the matter since his wife is a committee member The City Attorney said there is no conflict. Robert Pliska .recommended the clock be placed on U.S. 1 rather than the river for all the people of Sebastian. TAPE I- SIDE II. (6:48 p.m.) Sal Neglia recommended U.8.1 and Main or CR512 and U.S. 1 (he distributed photos of proposed · location which are on .file.in Growth Management) .Joe Generazio recommended U.S.1 and Main Street. Louise Kautenberg said the Coldwell Banker building at U.S. 1 and Main will have a clock on' the face of the building. City Council discussion followed regarding contacting FDOT on placement on U.S. 1. The City Manager said he will contact the same people who advised him on placement of the city signs in the median. Special City Council Meeting September 26, 2000 Page Three DRAFT There was a consensus .of Council to recommend three locations as follows: Main Street at the northeast corner (foot of Main 3treat on Indian River Drive) U.S. 1 at Main Street (or other US f locations ff FDOT ellows) 512 area in or adjacent to the park ~treet Part~, Mr. Coniglio presented the.committee's proposal to have a street party, parade and juried art show on December 16, 9 am.to 9pm, and December 17, 9 am to 6 pm, closing Indian River Drive between Jefferson Street to .Davis Street. He said .he had confirmed this with all businesses in the area, and that it was planned, to have 50 to 60 art show participants, and food and beverage vendors. Discussion .followed on the sale of alcoholic beverages, at these types of events, i.e., obtaining proper permits and licences, liabilibj issues, sale by the city via the committee vs. sale by businesses in the area, or vendors or a non-profit organization; and on. parking, traffic and policing issues. Chief White briefly addressed Council on sale of alcoholic beverage issues. Council was advised by the City Attorney that it needs to decide whether it has a problem with the committee, as an .arm of the city, selling alcoholic beverages if it is legal or use a non-profit organization selling.on behalf of the committee, location of the event, parade time, street closings, etc., and once a conceptis in place, staff can work with the committee to bring the plan to fruition.. TAPE II - SIDE I ~:35 p,m.) Joann Osmundson, 75th Anniversary Committee member, addressed Council on liability issues. .Byron Elsebough., said. the .idea of the street.party was a superb idea, citing the Vero Beach monthly event on 14th Street. · it was the .consensus of City Council to direct the City Manager to meet with staff at its management meeting on Thursday, that the City Attorney get information from Alcoholic Beverage people to find out what is required by the city and whether it makes sense to get its own license, and hopefully not use other vendors, and get.the parade time settled; and, that staff bdng back a.recommendation to the October 11,2000 regular meeting. The City Manager advised that just one member of the committee attend the management meeting. Mrs. Barczyk presented a ~letter from Governor Jab Bush in response to the Committee's invitation to him to attend the festivities, and the City Manager read it into the record (see attached) There .being no further business, Mayor Barnes adjourned the Regular Meeting at 7:50 p.m. Approved at the ,2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING . WEDNESDAY, SEPTEMBER 27. 2000,7.00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Barnes called the Regular City Council at 7:00 p.m. 2. The Pledge of Allegiance was recited. '3. Invocation was given by Police Chaplain Frank Camillo. 4. ROLL CALl, Council Prese q.t~; Cb/ Mayor Walter Barnes Vice Mayor BenA. Bishop Mr. Joe Barczyk Mr.' EdWa.rd.J. Majcher, Jr. Mr. James Hill Staff PJ~sent: City Manager, Terrence Moore City Attorney, Rich Stringer. Deputy City. Clerk, Sally Maio City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, Randy White Public Works Director, Terry Hill Administrative Secretary, Joanne Sandberg Regular City Council Meeting September 27, 2000 Page Two S, AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS.) Items not on the w/f~ten agenda may be added only upon · majority vote of City Council members (R.99-2f) None, 6. PROCLAMATIONS. ANNouNCEMENTS AND/OR PRESENTATIONS 00.178 A. Senator Patsy Kurth - Presentatiol3 Of Check to city of Sebasfian~or Florida Recreational .~ev..elo. p. Anent Assistance Grant from_Florida Depa~rtToent of EnvjronmentaLProteu-tion_ for Barber .~treet Sports C~)ITIPJe;x Imorovements ' This item was by-passed at this time to await the arrival of'Senator Kurth, 00.207 B. Proclamation - Nationa[Ads and Human~es Month - Cultural Council of Indian River Courtly Mayor Barnes read and presented lhe proclamation to Edgar Holtz. 7. CITY ATTORNEY MATTERS Reported on :his discussions with Alcohol and Tobacco regarding obtaining a two day permit for sale of alcoholic.beverages and said he plans to. call Florida League of .Cities regarding additional liability coverage.' 8, CIT~ ~]AI~AG~J~ ~LAI'T_EI~ The City Engineer addressed City Council on consent agenda item b regarding Change Order for M,D. Utilities' Annual Culvert Installation contract..He explained the Engineering Dept. error in bid documents regarding sod measurement, and advised.that there were sufficient funds inthe budget to cover the. increase. 9.CITy CLERK MATTERS None. 10, Cl'lr'~ COUNCIL M~TTI~RS A. Vice Mayor Bishop None. $. Mr. None. C. Mr. Hill None. D. IVJrLMajcher None. ! September 27, 2000 Page Three Ma_~or Barnes · Requested a letter from staff in response to a resident who wrote a letter to the editor in the Press Journal regarding clearcutting of lots. · Requested a fish cleaning table at the Main Street dock. · Requested a canopy and bench on the south side of the Yacht Club Pier on behalf of area youth Senator Kurth arrived at this time and presented a ceremonial check in the amount of $150,000 from the Department of Environmental Health for Barber Street Sports Complex improvements to Mayor Barnes. She expressed .her gratitude to the citizens of Sebastian for their support and recognized Representative Charles Sembler for his involvement in obtaining the grant for the City. 11. CONSENTAGENDA All Items on the consent agenda are considered routine and w~l be enacted by erie me#on. There w~ be no separate ~cusslon of consent agenda Items unless a .member cf City Coun~l $o requests; in which event, the item ~ be removed end acted Upon separately. 00.208 00.209 00.210 00.211 00,212 Approval of Minutes - 9/13/00 Regular Meeting Approve M.D. Utilities Annual Culvert Replacement Contract Change Order #2 - $14,560.40 Due to Error in Calculation (Engineerfng Transmittal g/f 1/00, Copy of Bid Sheet, Derrick Memo) Sebastian First Church of the Nazarene - Request for Use of Riverview Park 10/27/00 - 6 pm to 10 pm for Prayer and' Praise Among Churches of Sebastian and North County (City Manager Transmittal 9/21/00, Lyle Letter, New Code Sec/ions 74-6 and 74-7) Sebastian Friendly Tennis Group (Garen) - Request for Use of Community Center 12/8/00 - 6 pm to Midnight - A/B - Security Paid/Age Verified/65 Participants (City Clerk Transmittal 9/1~/00, Application, R-OO-2f .Excerpt) Sergel Wedding Reception - Request for Use of Community Center 11/11/00 - 3 pm to 11 pm - A/B - Security Paid/Age Verified/120 Participants Requires Police Officer (City Clerk Transmittal 9/12/00, Application, R-00-2'1 Excerpt) Birthday Party (Name on File) -.Request for Use of Community Center 9/30/00 - 8 pm to Midnight A/B - Security Paid/Age Verified/65 PartiCipants (City Clerk Transmittal 9/12/00, Application, R-OO-2.f Excerpt) The City Manager read the 'consent agenda. MOTION by Hill/Majcher I move to approve consent items A through F. ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher ~ aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City council Meeting September 27, 2000 Page Four 12. PUBLIC HEARING oo. 103 A. Final public Headr~g on Fiscal Year 20_00/20_01 Millage/Budget (Advertised Display Ad in 9/23/00 Press Journal in Accordance with F$ 200.065) Announcement of Tentative Millage Tax Rate of 5.0000 Mills Which is .11% Less Than Rolled Back Rate of 5.0053 Mills Mayor Barnes read the tentative millage rate and the City Manager gave a bdef presentation, I i I The Finance Director explained =rolled back rate' for the benefit of the public. 2, [=ublic Comment There was no public comment. 3. Adopt Resolution No~ R-00-~9 - Millage Riate of 5L0000 Mills for Calendar Year 2000 f. Finance Director'Transmittal 9/19/00, R-00-49) A RESOLUTION OF THE ClTYOF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF '5'.13CX)0 MILLS.FOR .THE CALENDAR YEAR 2000 AND.ALLOCATiNG .SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney rea'd Resolution No. R-00-49 by title. MOTION by Bishop/Barczyk "1 would move to adopt a tax rate of 5 mills for the calendar year 2000 as ,per Resolution R- ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye I I I I I I I MOTION CARRIED 5-0 AdoPt Resolution_J~o. R-00-50 - Budget for Fiscal Year 2000.~00_1f. Fjr~ence Director Transmittal 9/~/00. R-O0~50) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE .BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; MAKING APPROPRIATI.ONS FOR THE'PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY iN THE crl~s GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND MAJOR EQUIPMENT REPLACEMENT FUND, AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, EETABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 4 I I I I I I Regular City Council Meeting September 27, 2000 Page Five The City Attorney read Resolution No. R-00-50 by title. The Finance Director addressed prior City Council inquiries relative to purchase of the sweeper and vacuum from the capital projects fund, advising that the City of Vero Beach owns rather than contracts out equipment. He then went on to cite grants obtained by the City which will fund capital improvements. Explanation for.the decrease in the city's valuation was cited as recent pumhases of large conservation areas within the city limits by Indian River County and St, Johns River Water Management District. There was no public comment. MOTION by Barczyk/Bishop "1 move that we adopt Resolution R-0O-50, the budget for fiscal year 2000/2001 ." ROLL CALL: .Mr. Majcher - aye Mr. Hill - aye MayOr Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye .MOTION CARRIED 5-0 13. INTRODUCTION OFNEW BUSINESS FROM THE PUBLIC Item fhet hes occurred or we$ discovered within the previous six months which Is not otherwise on the agenda. ~ign-up required, limit of ten minutes for each speaker Mayor Barnes noted that Randy Mosby and Warren Dill had signed up.to speak on the denial of a special use permit application from Chestnut Car Wash, however, he had suggested to them they address this during New Business item B - CR 512 Visioning Process. 14. COMMITTEE ~EPORTSIRECOM MENI3ATIONS None. 15. OLD BUSINESS 00.155 A. Policy Paper - The Enhancement of Sebastian's_Calla! System (Policy Paper Prepared by City Attorney) TAPE I- SIDE 11(7:45 p.m.) The City Attorney reviewed his policy paper and distributed a drawing showing the suggested vegetation along canal banks which will balance property owner rights and protection of natural resources; cited opportunities to make canals accessible to the public; and described how canals can be tied into the proposed St. Johns passive water park. He said if Council likes the idea he can bdng back ordinances to implement the plan. Alita Hirshfeld and Pete Kahle addressed City Council on the proposal. Following discussion, it was the consensus of City Council for the City Attorney to bdng back language to implement the policy. Regular City Council Meeting September 27, 2000 Page Six 16. NEW BUSINESS 00,213 A, ResoJution No, R-00-5! - Authorize City Manager to Apply for Florida Recreation Development ~ssjStal~ce Progrem Grant from FIo_r~[:l~ .Department of Enyironmental Protection (C/0/Marl(~ger Transmittal 9/1Jl/00. R.00-51. FRDAP Fec~ Shee~) A RESOLUTION.OF'FHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE, The City Attorney read Resolution No. R-00-51 by title. MOTION byMajcher/Barczyk '1 move to authorize the City Manager to apply for Florida Recreation Development Assistance Program Grant.' 00.015 ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. 'Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5.0 Resolution No, R-00-~53. Revised Interlocal Agreement for Creation of In~ian River County ~letropolita n Plaqning Organization - Finalizes Process of Adding School Board as Votina Member £Ci~y Manager Trar)smittal 9/fg/OO,_l~eting Letter~ w/~tachments. R-00-53. Revised Interlocal ~lreemenJ, Council Minutes. T~p.p~ j.e#er,' Comnlis~ion Minute~ A RESOLUTION OF'~HE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO, R-92- 30, AUTHORIZING THE MAYOR TO:EXECUTE A REViSED INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER METROPOMTAN PLANNING ORGANIZATION BETWEEN THE.FLORIDA DEPARTMENT OF TRANSPORTATION AND .INDIAN RIVER.METROPOLITAN PLANNING ORGANIZATION MEMBERS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Resolution .No.-R-00-53 by title only. Discussion took place on City Council's prior action to request an.additional City of Sebastian voting member. Mr. Hill, City Council liaison to lhe Metropolitan Planning Organization, explained the lengthy administrative procedure for adding membem, advised that the County staff has been directed to begin the process, and recommended approval of the resolution without condition. MOTION by Hill/Barczyk "1 move to adopt Resolution .R-00-53 approving execution of the interlocal agreement.' ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes - aye Mr. Bishop ~ aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Regular City Council Meeting September 27, 2000 Page Seven 00.214 C. TAPE II. SIDE I (8:30 p.mJ 00.158 D. _County Road 512 Visioning Process (Growth Managemet3t T~nsmiEal 9/15/0_0. C-5~2 Zo~liro Distrfct Regulation~and 0-512 Overlay District Requiremente) Warren Dill, legal counsel for Chestnut Car Wash, requested that Council reconsider its decision to denythe special use permit for Chestnut Car Wash at the September 13, 2000 Regular Meeting; and presented a rendering of the proposed site. The City Attorney advised that a motion to reconsider could only be made at the next meeting after the meeting at which the odginal motion was made, only those who voted in favor of the motion to deny could move to reconsider. Randy Mosby, Engineer for the proposed project, stated that his clients were improperly represented due to his absence on the 13th. City Council discussion followed on special use permits in general. The City Attorney cautioned that since any new hearing would be quasi-judicial, a public meeting should not be scheduled for public comment on the C512 visioning process prior to the new hearing. The Growth Management Director addressed City Council onthe C512 district regulations. MOTION by Majcher/Barczyk "1 would make a motion to reconsider the application for the Chestnut Car Wash and to reschedule a meeting on October 25th." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher ~ aye Mr. Hill - nay Mayor Barnes - aye MOTION CARRIED 4-1 The City Manager described the ~charette" process of public meetings which will take place to establish a conceptual master plan for the CR 512 corridor. Mayor Barnes called recess at 9:05 p.m. and reconvened the meeting at 9:1.5 p.m. All members were present. Authorize City..Nlanaoer to Execute the Derelict_Vessel. Removal Grant .~greement Between the City of Sebastian and Florida Fish and Wildli[e Conservation _Commission (CityJVlanager Transmittal, Grant A. greement~ The City Manager explained that the second process of the grant project will be to bring back an agreement for the removal of the vessels from the Indian River Lagoon. Regular City Council Meeting September 27, 2000 Page Eight 00.215 E. 00.216 F. MOTION by Barczyk/Majcher ~1 move to authorize the City Manager to execute the Derelict Vessel Removal Grant Agreement between the City of Sebastian and the Florida Fish and Wildlife Conservation Commission for the removal of derelict vehicles (vessels) from the public waters of the State, pumuant to Section 376.15(2)(b), Florida Statutes." ROLL CALL: Mr. Barczyk - aye Mr. Majcher -aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 ~uthorize Purchase o~ Ford Taurus for City Managerin_the Amount of $16.0_16._73 and Chevrolet Cavalier for Grov~h Management Director in the Amount of.$_11~.1~1~:~ through Flodda State Cont[act Contingent Upon Approval of Fisclal Year ~000/2001 Budget.fPurcbasing Transmi#~l 9/11/00~ MOTION by Hill/13arczyk Ul move to authorize purchase of the Ford TaurUs, and Chevrolet Cavalier on October 2, 2000 contingent Upon approval of the FY 2000~2001 budget as proposed." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor'Barnes - aye Mr. Bishop. - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Authorize the City.Manaaer_to Execute Or)e year Agreements Between the City of Sebastian and Coregis Insurance for Property. Casualty& Liability InsuranqfLatt~ Florida League of_Cities for ~Vorker's Compe[~safion Insurance Effective Octob. qr 1. 2000 (Finance Director Transmittal, Proposal Analyses Under Separate Cover} MOTION by BarczykJBishop "1 move to authorize the City Manager to execute the one year agreements between the City of Sebastian and C.oregis Insurance for Property, Casualty & Liability Insurance and the Florida League of Cities. for Worker's Compensation insurance effective date October 1,2000." ROLL CALL: Mr. Hill - aye Mayor.Barnes ~ aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting September 27, 2000 Page Nine 00.2f7 G. . First ReadirLo of. Ordinance No. O-00-23_~ Abandonment of Right-of-Way - C~prona Street. Cherrv Court. Archer StreeLand Girard Avenue - Schedule Public Headng .for 1Q~5/00 (City A~ome. y ~ransmiE"al. 0-00.23) AN ORDINANCE OF THE cI'rY'OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING PORTION OF RIGHT. OF.WAYWITHIN SEBASTIAN HIGHLANDS UNIT 17 FOR CAPRONA STREET, CHERRY COURT, ARCHER STREET, AND GIRARD AVENUE;PROVIDING FOR CONFUCT; PROVIDING FOR SEVERABIU'I'?; AND PROVIDING FOR AN EFFECTIVE DATE. ! ! The City Attorney read Ordinance No. 0-00-23 by title and described the areas to be vacated. MOTION by Majcher/Hill '1 move to.pass Ordinance 0-00-23 at first reading and schedule a public hearing for October 11, 2000." ROLL CALL: MOTION. CARRIED 5~0 Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye 00.o37 'H. City M~an~.ger Performa. qce Evaluations felly Maneg. er Transmittal, Human Re=oprces_ Memo) Following City Council commendations.for a job well done, the City Attorney advised that the contract provides that.the increase would be retroactive to the anniversary, motion was made. MOTION by Bishop/Majcher "1 would recommend ROLL CALL: · Mr, Bishop -.aye Mr. Barczyk -aye Mr...Majcher - aye Mr. 'Hill - aye Mayor Barnes - aye 17., Approved at the MOTION CARRIED 5~0 Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:50 p.m. ,2000 Regular City Council Meeting. Welter Barnes Mayor Kathryn M. O'Hallcran, 'MMC City Clerk City of Sebastian, Florida Subject: Resolution No. R-00-58 Agenda No. Establishing a Money Purchase 'Retirement ' PI~ with thg !CMA Retirement Corporation Department Origin: Finand~~'- ~ ' ~ For Agenda of: October 11,' 2000· Exhibits: · Resolution No. R-99-58 · Adoption Agreement · Memo to City Manager regarding the 40la Plan EXPENDITURE AMOUNT BUDGETED: ' REQUIRED: N/A N/A APPROPRIATION REQUIRED: N/A SUMMARY The City currently has a non-qualified deferred compensation plan under Iutemal Revenue Code 457b and agreement with Nationwide Insurance (PEBSCO) and the ICMA Retirement Corporation which all employees may contribute to and which the City contributes a percentage (currently 9%) of gross pay for all non-PBA union employees. The money purchase retirement plan or 401 a plan is also a deferred compensation plan, however, it is classified as a qualified plan which allows for a greater number of options associated with it (See attached memo to the City Manager). Whereas the CWA elected not to pursue this alternative, all exempt employees not covered by a union contract, did elect to participate. Therefore, this plan is limited to exempt employees, not covered by a union contract and those charter officers electing to pa_ttieipate. RECOMMENDED ACTiON Move to adopt Resolution No. R-00-58. RESOLUTION NO. R-00-58 A RESOLUTION OF THeE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PENSIONS, ESTABLIS~G A MONEY PURCHASE RETIItEMENT PLAN WITH THE ICMA RETIREMENT' CORPORATION, PROVIDING. FOR AN EXECUTION OF A DECLARATION OF TRUST OF THE ICMA RETIREMENT TRUST, DESIGNATION OF CITY TO SERVE AS TRUSTEE, AND DESIGNATION OF THE DIRECTOR OF FINANCE TO SERVE AS COORDiNATOR AND SIGNATORY ON ALL DOCI. JM]gNTS NECESSARY. TO ADMINISTER ~ TRUST; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian adopted prior resolutions estabhshing a deferred Compensation plan to be administered by the ]CMA Retirement Trust; and VOtEREAS, City staff researched additional retirement vehicles pursuant to the CWA contract and found the Internal Revenue Code ('IRC).401a plan to.be an alternative to the IRC 457b; and ~REAS, the CWA employees elected not to participate in an alternative retirement vehicle, however, all other non-union employees did elect to participate; and WHEREAS, the City desires that its money purchase plan be administered by the ICMA Retirement Corporation and that the funds and that. the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of fund held under their retirement and deferred compensation plans, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF · SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. ESTABLISH MONEY PURCHASE RETIREMENT PLAN. The City of Sebastian hereby establishes a money purchase retirement plan (the '~Plan'") in the form of The ICMA Retirement Corporation Prototype Money Purchase P1an and Trust, pursuant to the specific provision of the Adoption Agreement (copy attached hereto). Section 2. DECLARATION OF TRUST. The City hereby authorizes the City Manager to mediately execute the Declaration of Trust of the ICMA Retirement Trust, attached hereto, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City, if the assets of the plan are to be invested in the ICMA Retirement Trust. Section 3. TRUSTEE. The City hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement Trust. Section4. PLAN COORDINATOR. The Director. of Finance shall be the coordinator of the Plan; shall receive necessary reports, notices, etc., from thc ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City, any required votes under the ICMA Retirement Trust; and may delegate any administrative duties relating to the Plan to appropriate departments. The City further authorizes the Director of Finance, as Plan Coordinator, to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan. Section 5. CONFLICT. herewith are hereby repealed. All resolutions or parts of resolutions in conflict Section 6. October 1, 2000: EFFECTIVE DATE. This resolution shall retroactively take effect on 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 Councilmember James Hill Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of October, 2000. CITY OF SEBASTIAN, FLoR/DA By: Walter Barnes, Mayor ATTEST: Approved as to form and legality for the reliance Of the City of Sebastian only: Salty Ma/o, CMC Deputy City Clerk Rich Stringer, City Attorney ICMA RETIRBMB~ CORPORATION PROTOTYPE MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT #001 Account Number Thc City of Sebastian hereby establishes a Money Purchase Plan and Trust to be known as The City of Sebastian 40 la Plan (the "Plan") in the form of the ICMA Re 'm-ement Corporation PrOtotype Money Purchase Plan and Trust. This Plan is not an amendment or restatement of an ex/sting defined contribution money purchase plan. Employer: City of Sebastian III. Prototype Sponsor: Name: Address: ICMA Retirement Corporation 777 N. Capitol Street, N.E. Washington, D.C. 200024240 Telephone Number: (202) 9624600 The Effective Date of the Plan shall be October 1, 2000. Plan Year will mean the twelve (12) consecutive month period commencing on October 1, and each anniversary thereof. Normal Retiremcmt Age shall be 65 years of age. ELIGIBILITY RBQUItkEMENTS: 1. The following groups of Employees are eligible to participate in the Plan: a. All Exempt Salaried Employees not covered by a labor agreement. b. Charter Officers 2. The group of employees as defined above shall be eligible to participate upon employment. 3. The minimum age requirement is hereby specified as 18 years of age for eligibility to participate in the plan. CONTRIBUTION PROVISIONS 1. The City of Sebastian shall contribute as follows: Fixed Employer Contributions Without Mandatory Participant Conlributions. The City of Sebastian shall contribute on behalf of each participant 9% of Earnings for the Plan Year (subject to the limitations of Article VI of the Plan), 2. Each participant may not make voluntary (unmatched), after-tax contribution, subject to the limitations of Section 4.05 and Articles V and Vi of the Plan. 3. City of Sebastian contributions shall be contributed to the Trust on a bi-weekly basis. E.~R_N'~GS Earnings, as defined under Section 2.09 of the Plan, shall include bonuses. LIMITATION ON ALLOCATIONS The limitation year is the 12-consecutive month period beginning January 1, and ending December 31. VESTING PROVISIONS Contributions by the City of Sebastian are immediately vested to the participant. Loans shall not be permitted under the Plan, as provided in Article XIV. The City of Sebastian hereby attests that it is a mt of local government. The Prototype Sponsor hereby agrees to inform the City of Sebastian of any amendments to the Plan made pursuant to Section 15.05 of the Plan or of the discontinuance or abandoment of the Plan. The City of Sebastian hereby appoints the Prototype Sponsor as the Plan Administrator pursuant to the tenas and conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN & TRUST. The City of Sebastian hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. The City of Sebastian may not rely on a notification letter issued by the National or District Office of the Internal Revenue Service as evidence that the Plan is quahfied under section 401 of the lmtemal Revenue Code. lm order to obtain reliance with respect to plan qualification, the City of Sebastian must apply to the appropriate key district office for a determination letter. In Witness Whereof, the City of Sebastian hereby causes this Agreement to be executed on this 1st day of October, 2000. CITY OF SEBASTIAN By: Title: City Manager Attest: Accepted: ICMA RETIREMENT CORPORATION By: Title: Corporate Secretary Attest: From: Date: Re: Terrence R. Moore, City Mauager Mark C. Mason, CPA, Director of Finance Rich Samolewicz, Director of Human Resources September 28, 2000 401A Plan Currently the City enjoys a deferred compensation arrangement through an Internal Revenue Code Section 457b non-qualified plan. This arrangement was adopted via resolution in 1988 and updated in 1989 and again in 1995. Over the past eight months, Human Resources, Purchasing and Finance have met and discussed the possibility of offering au alternative deferred compensation plan, 401A, to all non-pension employees. This type of plan is termed a qualified plan, s~milar to a 401k plan and is in most respects a seN-directed retirement plan. The differences between a non-qualified plan and a qualified plan are many, however, the Chief difference is the restrictions associated with a 457b plan are removed, such as, non-portabiiity to a 401 type plan or IRA, non- flexible distribution rules .(i.e., once the distribution is set, it is set for life), and an option of contributing to more than one plan. In February, a meeting was held with CWA and Exempt employees to determine the interest in the optional plan. This was done to satisfy the CWA contract requirement that the City look into a retirement plan for CWA contract members. Following the presentation, the CWA employees elected not to participate and the exempt employees were divided, necessitating further study and additional information. A Request for Proposal was sent out and ICMA (with whom the City has a 457b plan) was chosen to present the plan for implementation. A second meeting was held for all exempt employees where all the pertinent information was presented, A vote was taken by ballot and the vote was unanimous electing to participate in the 40lA program. Qualified plans are on a group by group basis. In this case, the defined group is all exempt employees, excluding those covered by a labor agreement, with the option for Charter Officers to participate pursuit to their individual contracts. As such, the City's contribution percentage of 9% shall be Contributed to the 401A plan for all exempt employees, excluding those covered by a labor agreement, and those Charter Officers electing to participate instead of to the 45To plan. Each employee in the defined group shall not be allowed to contribute to the 401A plan due to the stringent rules associated with employee contributions, however, .they will be allowed to participate in the 457b plan of their choice with their own pre-tax dollars up to the limit ed by law. ~ 40lA plan offers a greater range of options than the much more restrictive 457b deferred compensation · plan as well as, the additional option to contribute with the employee's own funds to a 457b plan already in place. City of Sebastian, Florida · Subject: Christmas Lighting Display Agenda No. t0t~_,ff~2~ I .~~f°r S¢~~ 31~ ~ M~r Depment Ofi~: Ci, M~r . I ~'~ ~ Procurement: j~ Dam Subbed: 10-0~00 For~nda of: 10-11-00 Exhibit.s: EXPENDITURE REQULRED: U.S. #1 $4,060.00 Indian River Drive -$4,$00.00 AMOUNT BUDGETED: U.S. # - $5,000 Indian River Drive - $8,000 APPROPRIATION I~EQUIRED: S~RY Once again, the City of Sebastian proposes to enter into an agreement with Clark Sales Display, Tavares, Florida for the installation and removal of holiday lighting along U.S. #1 and Indian River Drive. The total amount is $8,560.00. Installation will occur between November 18, 2000 .and November 30, 2000 and removal will be during the month of January 2001. Clark Sales Display has provided this service to the City in the past without any disruption and in a very professional manner, therefore staffrecommends that the bidding procedure be waived. RECOMMENDED ACTION Move to waive the normal bidding process and authorize the City Manager to execute an agreement with Clark Sales Display, Inc., Tavares, Florida, for the installation and removal of 2000 holiday lighting display along U.S. #1 and Indian River Drive, in the amount of $8,560.00. City of Sebastian 1225 Mai~ Street Sebastian, Florida i~2958 Telephmme (561) $89-$$$0 FAX (561) 589~5570 Subject: Request for Rental of Community Center Agenda No. Exhibits: Application Expenditure Required: Department Origin: City Clexk~ Date Submitted: 10/2/00 For Agenda of: 10/11/00 Amount Budgeted: Appropriation Required: An application has burn r~ceived from Pa~ A. Wolff for runal of ~c Co~W C~t~ on Nov~ber 4, 2000, ~om 4:00 P.M. m'9:00 P.M. for a w~g. He is also ~ques~g p~ssion to se~e alcohol at ~e ~vcnt. He ~ticipaWs ~ a~ndmce of 125 md has compleWd ~e proper fora for ~e s~ic~. RI~COMMENDED ACTION Co~ider the request and act accordingly. RENTAL PERMIT APPLICATION ADDRESS OF PE~I~E: 8085 l'33rd- PLACE (ROSEt2~ND) SE.BAST_I..Ar;J, FL.'32958 ' No. Street PHONE~. 589-3514 MAILING ADDRES8: 8085 i33RD PLACE SEBASTIAN FL~ 32958 NAME OF GROUP OR ORGANi~TION: N/A R~SON FOR RE~AL: WEDDING A~ICIPA~D 'NUMBER OF PERSONS A~NDING E~L 125 O~e Use FEE REQUES~D DA~: 11-4-2000 TIME: From: ~: 00 PM To: ~.:00. PM :Only $/~ ~ a PLEASE ANSWER YES OR NO: 1. ARE KITCHEN FACILITIES REQUIRED? YES 2. ARE YOU A RESIDENT OF SEBASTIAN? NO 3. WILL DECORATIONS BE PUT UP? YES 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? NO 5. WILL ALCOHOLIC BEVERAGES BE SERVED? YES (a) If answer to ~5 is Yes, Permittee's proof of Age: (b) If alcohol is to be served, permission is required by City Council..Your request will be presented to council on:____. Total ....... · ..' Tax Make checks payable to City of Sebastian charged ,for a dishonored check per City Resolution No. R-96-41) OFFICE USE ONLY DATE PAID SECURITY DEPOSIT .. ....... $250.00 ~'/~7/~ ~ 7% TAX ................ , ........... ·. ,,. · (A service fee of 5% or $10.00, whichever is greater, may be RECEIPT NO. INITIALS I i I i I I I I i I ALCOHOL BEVERAGE REQUEST I-'l APPROVED Police Department Agreement Verified (if applicable) Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED BY CITY CHECK # [] DISAPPROVED Date FOR $ ON:_ COMMENT~': City of Sebastian, Florida Subject: Sebastian Panthers, Inc. Fund Raiser Events Departm ,,t Origin: Public WofUL/ Terry Hill, Public Works Directoi~/,../~'~ Date Submitted: 10/05/2000 For Agenda of: 10/11/2000 Exhibits: Ltr. Dated 10/03/00 - Sebastian Panthers EXPENDITURE REQUIRED: BUDGET AVAILABLE: APPROPRIATION REQUIRED: N/A SUMMARY The Sebastian Panthers, Inc. will be hosting two different fund.raisers events, which will take place at the Barber Street Sports Complex. Beginning on Friday, October 13t~, a Homecoming Dance will take place. Saturday October 14~, a Homecoming Game will take place with approximately 14 booths set up at the far west end of the field. These booths will be operated with the help of parents from 10:00 a.m. to 3:00 p.m. Sunday October 15t~, a makeup game with a team from Orlando is scheduled. RECOMMENDED ACTION Move to approve the authorization of the Sebastian Panthers, Inc. to conduct a fundraising event on October 13t~, 14t~ and 15~ at the Barber Street Sports Complex. SEBASTIAN PANTHERS, INC. P.O. BOX 781624 SEBASTIAN, FL 32978-1624 (561) 589-7670 October 3, 2000 Chris McCarthy · City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: October 13~, 14m, 15~ Dear Mr. McCarthy, The followi~g is our tentative plans for the above referenced dates. Friday night October 13t~, the Sebastian Panthers are planning a Homecoming Dance for the kids on our football and cheerleading leagues. We plan to have a DJ for the dance and aa open concession stand for refreshments. The field will roped off and ir'will be mandatory that the kids stay within the boundaries of the ropes so that the board members trod parents can keep an eye on them. Saturday October.14t~, is our Homecoming Game. We plan to have a carnival with approximately 14 booths set up at the far west end of the field. These booths will be operated with the help of parents from 10:00 to 3:00. Sunday October 15t~, is a make-up game with the Orlando league who was unable to make their scheduled game due to a bus accident. Thank you for your continuous support, and should you have any questions, please do not hesitate to call. Sincerely, Sebastian Panthers, Inc. City of Sebastian, Florida OFFIC~ OF Tile crrY' AGENDA TRANSMITTAL Agenda No. Subject: O-00-21; Easement Abandonment; American Legion Date Submitted: 10/4/00 For Agenda of: 10/11/00 EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION KEOUIKED: $0 SUM3IARY: The City was granted an access easement across the American Legion property to give the Public Works compound dkect access to C.R. 512 eastbound. The American Legion has requested that the easement be abandoned and staffhas found that the City can do without the easement. This ordinance was passed on first reading and scheduled for public hearing. RECOMIVIENDED ACTION: (At the discretion of Council) - Move to adopt Ordinance 0-00-21. AUTItORIZED PLACEMENT ON AGENDA BY CITY MANn ORDINANCE NO. 0-00-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDL4N RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT ACROSS A1V~RICAN LEGION PROPERTY AT C.R. 512; PROVIDING i~OR CONFLICT; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR A.N EFFECTIVE DATE. WHEREAS, pursuant to an Easement Agreement between the City and the Charles L. Futch Post No. 189 Department of Florida American Legion dated May 28, 1997, an ingress/egress easement accessing C.R. 512 was conveyed to the City for the benefit of the Public Works Compound on Louisiana Avenue; and WHEREAS, the City Council finds that said easement is no longer needed for a public purpose; and WHEREAS, C/ty Code Section 2-193 provides that the City may abandon interests in property by ordinance upon such a finding. NOW THEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF TB~ CITY OF sEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. EASEMENT ABANDONED. The City hereby abandons and releases its interest in real estate encumbered under that certain Easement Agreement between the City and the Charles L. Futch Post No. 189 Department of Florida American Legion dated May 28, 1997, as described in the attached Exhibit "A". Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall fuffiaer be 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 become effective upon final passage. The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A_ Bishop Councilmember Joe Barczyk Councilmember James I-rtl Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this October, 2000. The and, upon being put to a vote, day of CITY OF SEBASTIAN, FLOKIDA ATTEST: By: Mayor Walter Barnes Katkryn M. O'Halloran, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney EASEMENT AGREENIENT This Agreement made th/~ay of /~~ ~ 1997, by and between the. City of Sebastian, a muaicipality within Indian River County in the Slate of Florida, 1225 Main Street, Sebastian, Florida 32958, ("City") and the Charles L. Futch Post No. 1'89 Department of Florida American Legion, Inc., 807 Louisiana Avenue, Sebastian, Florida 32958, ("American Legion"), non-profit corporation existing under the laws of the State of Florida. WI~R.EAS, the American LegSon is the owner of property located at.807 Louisiana Avenue ("Property"), and legally described as follows: A parcel of land lying in sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, being more particularly described as follows: Commencing at the north quarter corner of section 7, township 31 south, range 39 east; thence 589°30'41"W, along the north line of said section 7, 229.18 .feet to the point of beginning; thence 521 ° 43'35"E, 8.79 feet to a point of curvature, thence southeasterly along the arc of a curve concave to the northeast, having a radius of 45.00 feet and a delta angle of 42°41'21'', 33.53 feet to a point of cusp; said point lies N34°57'21"W from the radius point of said curve and on the northerly right-of-way of County Road 512; thence southwesterly along th.e arc .of said curve concave to the southeast and being on the northerly right-of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 01°04'42", 38.79 feet to a point of cusp; thence northerly along the arc of a curve concave to the west having a radius of 40.00 feet and a delta angle of 11 ° 08'15",7~78 feet; thence N21 °43'35"W, 168.57 feet; thence'N00 °24'54"E, 66.33 feet; thence S21 °43'35"E, 189.20 feet, to the point of beginning. Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, and easements of record. WHEREAS, the City has continuously maintained a dirt driveway across the Property CExsisting Driveway") for the purpose of ingress and egress to and from the Sebastian Public Works Compound/City Garage located at 805 Louisiana Avenue ("Compound"), since the Compound was first established; and, WHEREAS,. the American Legion has never objected to such use; and, WHE~AS, the City wishes to continue to use the Property for ingress and egress to and from the Compound, but desires to relocate the Existing Driveway to the west of its present location ("Relocated Drivewaf') and to record an ingress/egress easement' for use of the Relocated Driveway in the Official Records of Indian River County; and WHEP, EAS, the American Legion has consented to said relocation NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the American Legion. and the City hereby agree as follows: I. The above recitals are incorporated herein as if set forth in their entirety. The American Legion hereby.grants an easement to the City for the construction and maintenance.of the Relocated Driveway for the purpose of ingress and egress as described on the Sketch of Legal Description prepared by Masteller, Moler and Reed as signed by Smart A. Houston, PSM/t4490, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A". The City agrees that the American Legion and its successors and assigns will be permitted to utilize the Relocated Driveway for ingress and egress to and from the Property. 2. The City agrees.t° grade and maintain the Relocated Driveway and to sod the remainder of the Existing Driveway. 3. At the request of the Commander of the American Legion, the City shall grade the shell parking lot and driveways on the Property twice per year, IN WITNESS WFtEREOF, the City and the American Legion have caused these presents to be executed in their names, the day and year first written above. HA_RLES L. FUTCH STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this " personally known to me or who has produced tz~ f.~ as identification. State of Florida at Large /~, /~ My Commission Expires: THE CITY OF SEBASTIAN, FLORIDA Title: City Manager~ STATE OF FLORIDA The foregoing instrument was acknowledged before me t~y._gf//~-.,L~' . 1997 by Thorn,s W. Frame, as City Manager of the CITY OF SEBASTIAN, FLO~ on behalf of t~e/C]TY OF SEBASTIAN. He~ is personally known to me or produced ----/~/fl:~" ~ identifi~sd 0.. ' I I I I I I I I I I I I I I < ~<~ Q LL ,, L,J · City of Sebastian Development Order Application Permit Application No. Applicant (If not owner', written authorization (notarized) from owner is required) Name: Address; Phone Number:. ( E-Mail: ~ L. FU~ t=osT'Is9 ) .... 807. LOt~SIANA ,~v'[. FAX Number. ( Owner Ill different from applicant) Name: Address: ~CAN ].E~31ON Phone Numben ( ) ...$0'/LOT~SIANA AVE,FAX Numt3er. ( ) E-Mail: PLEASE 'COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OF{ ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'I~'ACHED AND 81/2" BY 11 ' COPIES OF ANY A3-i'ACHMENTS SHALL BE INCLUDED. A~'ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. B, Site Information Lot: Block: Unit: Subdivision: Indian River County Parcel Zoning Classification: Future Land Use: Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if FEE PAID: $ /Oo -~) RECEIVED Page f of 3 Development Application File Name: Doa Permit Application No. I I I I i I I- D. Project Personnel: Agent: Phone Number.,..~f .),.~'~ 4' ~ 2. ~ ~' FAX Number. ( ) E-Mail: Name: Address Phone Number. ( ) FAX Number. E-Mail: Engineer: Name: I I Address Phone Number:. ( E-Mail: Surveyor: Name: Address Phone Number:.( , E-Mail: FAX Number:. ( ) FAX Number;. ( ) - , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT; I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS App~IICATIONI~.ND THAT .ALL THE I~R. MATION, MAPS, DATA AND/OR SKETCHES PROViDED IN THIS APPUCAT1ON ARE WHO ~ I~"~ONAt LY KNOWN T.~ M-'~_"~3R PRODUCED . ISEAL: f Form CD.-200~ ~ Page ~ ~3f 3 Development Application i I A_pproved: 08/27/97 t File Name: Doa m Permit Application No. The following is required for ali comprehensive, plan amendments, zoning amendment m (including rezoning), site plans, conditional use permits, special use permits~ variances,. ~-. . , . - exceptions~ and appeals, I£¢,.~.~--~'-"'- :3':.?; F, - '-, TNE LEGAL REPRESENTATIVE OF TNE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE E)OARD/COMMIS$10" OF THE CITY' OF SEBASTIAN (THE BOARD/'COMMISSION') TO PHYSICALLY ENTER UPON THE pRop~:RTY m AND VIEW THE PROPERTY Ill CONNECTION WITH MWOUR PENDING APPUCATION. . m l/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE [/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE m PROCEEDINGS, RESULTING FROM ANY E)OARD/COIMMISSION MEMEER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIU OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA m ~)S WAIVf-'~C'~ND CONSE~,~IS BEIN~Nt:D BY blE/U$ VOLUNTARILY AND NOT AS A RESULT OF ANy COERCION APPLIED OR sworn t~r~ubsc~.4.~fom m. ~y ('/~- ~. ~'~'t~,'~-.. who i~'~er~onally known m-~'ne or produ~d as identifi~tion, this ~( day of ~~ NOtaWs Signature" 2 ~~~ m Pdnted Name of Nota~ ~~ ;~'M :::r.ssiOn NO'/~pirati°n ' * m m .-m tForrn CD-200'I Approved: 08/27/97 ) P~e 3 o1"3 J Revisio~: Developmen~ AppficatJon File Name: Daa Permit Application No. Supplemental Information Easements, vacation of Descdbe the easement to be vacated (provide a legal description, i.f 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. ~-~ [Fer~ CD-2009 I Page f of ~ [Approved: 8/27/97 I Revision: Vacation o~-Easemen~s File Name: Sieesev City of Sebastian, Florida o~c~ o~~ r~ crr~ A~ro~TFO AGENDA TRANSMITTAL Agenda NO. ' ~'/~ Subject: O-00-22; sw~e p~g; Date Subdued: 10/4/00 For Agenda of: 10/11/00 EXPENDITURE REQU]IkED: $0 AMOUNT BUDGETED: $0 APPROP1LtATION 1LEOUIRED: $0 SUMMARY: This ordinance seeks a balance between the City's need to protect the swales from damage, the shortage of parking space some residents encounter, and aesthetic concerns over automobiles in the right-of-way of our neighborhoods. Special situations such as commercial vehicles serving residences and construction sites are addressed as well. This ordinance was passed on first reading and scheduled for public hearing. RECOMMENDED ACTION: (At the discretion of Council)- Move to adopt Ordinance 0-00-22. AUTHORIZED PLACEMENT ON AGENDA BY CITY I i I ORDiNA_NCE NO. 0-00-22 A_N ORDINANCE OF ~ CITY O~F SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; ~PROVIDING FOR COlVFLICTS;. PROVIDING FOR SEVERABIL1TY; I'ROVIDING FOR AN EFFECTIVE DATE. WI~F. REAS, the City of Sebastian has made extensive public expenditures in regrading the swale drainage system throughout the City; and WHEREAS, during times of rain, parking on the shoulder of the road and in the swales destroys the grade of the drainage system and hinders its ability to function; and Wl:I~'.REAS, the City Council of Sebastian is sensitive to the problems faced by some of its citizens in having inadequate parking for all the automobiles at their residence; and WHEREAS, the City Council of Sebastian has determined that it is in the best interest of the public to restrict parking within unpaved portions of the fight-of-way, while providing some relief to citizens having no other reasonable means of parking available; NOW, THEREFORE, BE IT' ORDAINED BY THE CITY COUNCIL OF ~ CITY OF SEBASTIAN, I1NDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 98-4 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 98-4. Driving onto medians, shoulders, etc. No person shall ride or drive any vehicle on the land areas that separate paved streets, roads or highways such as medians, islands or similar land areas. No person shall ride or drive any motorized vehicle on the soft shoulder of any paved street, except as is necessary to get the motorized vehicle on or off the road to lawfully park the same. or during emergencies, such as accidents and breakdowns. Section 2. That section 98-31 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 98-31. ~d~ill~, "Parliing between hot, rs-of2:00 a.m. and 6:00 it shall be unlawful for any person to park~a vehicle on any street within the city limits between the hours of 2~O a.m. and 6:00 a.m. of aary-day. ~ used in tlais Article. ~e followillg words and phrases shall l~ve these mealfirlgs urll~ ~¢ ~olxtext shall reasonably require all~ther common use~ge: Shoulder shall mere !;11~,~ gartion of the right-of-wa,v located between the edlg9 of pavement of a street and the sv~ale ac[jacent thereto. ~wale shall rll~iln that portion of the (~itN drainage system wJligh ~ identified as the area extendi~ B'/Q feet to each side of He centerline rumng ~lgag,1;hL!~sI eleyated point located ii1 the right-of-wKv between_the edge of pavement of a street and the front lot line a~jacent thereto. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by add/ng a' section to be numbered 98-33, which said section shall read as follows: See. 98-33. Dama~in~ or narki~lg i~all~agll.~onld~r ~ It shall be a violation of ~Iy {2Qde for a vehicle to l~.pgrked or driverl in ~l~ch W~V ~hl, t ii damages the Swale. FurIb~ ~;~ce,,pt as provided i,,k~ctions 98- 34 and 98-35 below, ii: ~kalLbe a violation for arkv ~9!~or vehicle to park ill..the .Swale or Shoulder of the rig~,kof-way. However, a ¥0hicle ma~v park o,n Shoulder if one of the following conditions e~s~: 1. TII~ raoto, r vehicle has been. removed from the paved ~rq0~ due to mechanical failure 9r,.~ temporarily parked dl~e to emergency situations such a~ !tg l~c, cident., The motor vehicle is tit[od to the owner or resident of the residential lo~ 0,4jgcent to the rjgtl?~)f-~tt,y, or an invitect ljl~reof~ and all available~_llgrh~ space within tb~ ~lfivewa,v of said lot is.occtlpied by Qth~r motor vehicles. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-34, which said section shall read as follows: See. 98-34. Exeention: Commercial vehicles rendering.~eixlcet to Commercial vehicles utilized in rendering ~ervi~ to resid~ of ~1~ such a§ hlwll ¢~r~ trailers or mobilq v~li~19~ shall b~ allowed to l~rk on the Shoulder except~.~ be a_violation for such vehicles to park on either the pav~d right-of-wlkv or Sh~er of the [Oll~wir~g .1. Schumann Driv~ Barber Street: 3. Fleming Street: 4. Laconia Street: ~!1~ Street: 6. Creor. ge Street; .7, Easy Street; and 8 Indian~ Section 5. That the Code of ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-35, which said section shall read as follows: See. 98-35. ~Sggi~0on: Construction-related ¥~hjcles related to the construction of a strucCtre on a 1.0~ ii1 file Ci~ be allowe~wjlh~, ~1 po~oa~ of:~h~ urlp~wl;l righ~-oX-y~a.v a~acent to the lot being i/gplov~t or a~oining vacanl: lot~, sul~ject tO ~;tle f0~Owirlg .1. A sufficient grade shallbe maintained along the right-of-way to ~ll.10~.g_r~a,0nable fl0w of~t0r/rlwt~er; or.t,h~ hllil~~~hall issue a "sgll0 v~rl~" ~y.~ei$or ga~o~ruction: 2. Axtv 0ar~ag~ Go the Sw0.1egufiliz~0.£1~r parking, during said construction shall be presumed to have been caused bv the congmction process: 3.~rior tO ~uanee of a eertdi¢~,,~ke ¢o~l, rl~ ~hall reao~e Swale for the improved lot. an~qlAny adji~cem damaged Swt~le, to ~e_grade~.all~t g~t~rd~/~[i~ lly ~e CJ~ E~gineer. / I Section 6. That section 98-36 of the Code of Ordinances, City of Sebastiarg Florida is hereby amended to read as follows: Sec. 98-36. A~l~t~ionil] ~~ Parking in residential districts and on street rights-of-way. (a) For purposes of this section, a vehicle shall be considered to be parked if it is stopped other than for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (b) No vehicle may be parked on any lot in an)' residential district, except in an enotesed stmotur-e, unless such vehicle is licensed, registered, and owned or leased to the awner or tenant of-t4ao let ,,vi~ thc exception ef temp~ar--y invited (e-)- No vehicle displaying a "for sale" sign may be parked on any street right-of-way. (at) LC~ No truck, varg or road tractor as defined in section 20A-5.16.1 over twenty-three (23) feet in length and/or nine (~) feet in height shall be parked on any street right-of-way. · (o) Any vehiotoparked-o~ may ~treot right of way-in front of any lot which is-not removed within twenty four (24) houro after a notioc requiring r~mov~-has been pe~ted on the vehiol~by the city will bemwed at the oWner's expense. (f) Any violation of this section shall be a civil infraction, subjeot to-a ma~dmum civil penalty of onc hmid~od detlar6 ($100.00-) per day, or a civil penalt~ ef fifty dollars ($~0.00) per day if the person cemmitting the civil i~action does not contest the citation. Section 7. by adding a section to be numbered 98-39, which said section shall read as follows: See. 98-39. Penalti,¢~,3ntlj;l~llledies ~ Any violatiolt of this Article shall be a civil infraction, ~u~c~ '~9 ~ r~0ximum civil penalty, of one hundred dollgrs ($100.00) per day, (b) I/~ addition to the fine set forth above, the costs of r~lcgriltg ~e Swale or ~lloulder to its grocer c~ondition shall be assessed against the ¥iola~or. Said as~?sment may j>~ impg~dJ~.v the Court if the_ violation is contested, or bv r~oll~tion of the City Council after wr[t~ej;t notice to ~he '~iolal4lr2f a citation is uncontesl[~l, If the violg~Js the owner of the lot adjacent to the daIraliCd That the Code of Or&:nances, City of Sebastian, Florida is hereby amended swale~ OaY such assessment ua~d for r~ore than thirty days shall_b~ ~led as a liela ~ainst ,ai~t 102[ lgl~ ~ach lien shall be equal in digllily :to '[he li~ for taxes. (c) ~rohicles in violation of this Article may addi~;igatlll~ be given a notice that the vehicle must be removed. Any vehicle.,p~ked on arly City. right-of-wa~v which is got removed within twang-four (24) hours after a notig..e r.~glairing renl~>val has l)een posted on the vehicle by the cio will be towed and stored .a~ the owner'~s expense. Section 8. hereby repealed. Section 9. CONFLICT. All ordinances or parts of ordinances in conflict herewith are 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 and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be 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 10. E~IEC~ DATE. This Ordinance shall take effect ten days following its adoption by the City Council. The foregoing Ordinance was moved., for adoption by Councilrnernber The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilrnember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this day of October, 2000. CITY OF SEBASTIAN, FLOR_IDA · By: '. Mayor Walter Barnes ATTEST: ~ ~. o~o~ ~c City Clerk Approved as to form and legality for reliance by the City of Sebastian only: . Kich Stringer, City Attorney I I i City of Sebastian, Florida 'AGENDA TRANSMITTAL Agenda No. Subject: O-00-23; Rights-of-way Abandonment; Caprona St., Cherry Ct., Archer St. & Girard Ave. Date Submitted: 10/4/00 For Agenda of: 10/11/00 EXPENDITURE KEQUII~D: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQI. m~D: $0 SUMMARY: Two public projects are in the works for the area located between Schumann Drive and Thunderbird Drive -- the water park being developed in conjunction with the St. John's Pdver Water Management District and the Habitat Conservation Plan for the Sebastian Area Scrubjay Incidental Take Permit. The two entities developing these projects have requested that the rights- of-way for platted but unopened roads within the boundaries of these projects be abandoned. Pursuant to City Code 2-93, this must be accomplished by ordinance. This ordinance was passed on first reading and scheduled for public hearing. RECOMMENDED ACTION: · (At the discretion of Council) - Move to adopt Ordinance O-00-23. /~ j i/Ir~ AUTHOUlZED P~CE~NT O~ AGE~A BY C~ ~A~R: // ORDINANCE NO. 0-00-23 AN ORDINANCE. OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING PORTION OF RIGHTS-OF-WAY W1TNIN SEBASTIAN HIGh-LANDS UN/T 17 FOR CAPRONA STREET, CHERRY COURT, ARCHER sTREET AND GIRARD AVENUE; PROVIDING FOR CONFLICT; PROVIDING FOR .SEVERABiLiTY; AND PROVH)ING FOR AN EFFEC~ DATE. W~I-~REAS, Indian River County and Adams & Associates Developers, Inc., have requested that certain unopened rights-of-way in the area between Schumann Drive and Thunderbird Drive be abandoned; and WgrEREAS, said rights-of-way are encompassed within the proposed St. John's River Water Management District water park and the sebastian Area Scmbjay HCP; and 'Wlt-EREAS, the City CoUncil finds that the rights-of-way within these areas are no longer needed for that public purpose; NOW THEREFORE, BE IT ORDAINED BY TH~ CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in those portions of the platted rights-of-way for 'Caprona Street, Cherry Court, Archer Street and Girard Avenue as more particularly described in the attached Exhibit "A", as further illustrated by the map contained in said Exhibit. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABII,ITY. 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 and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provisio~ thereby causing said remainder to remain in full force and effect. 'Section 4. EFFECTIVE DATE. This Ordinance shall become effective upon final passage. The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmernber Joe Barczyk Councilmember Jmes Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this October, 2000. The and, upon being put to a vote, day of CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O~4alloran, MMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Abandonment of Streets Caprona St. from Thunderbird Drive north to the south line of C.C. UNIT ONE LOT 2 Cherry Court. from Thunderbird Drive north to the south line of C.C. UNIT ONE. LOT 2 And west from Archer St. to the east line of C.C. UNIT ONT LOT 2 Archer Court from Thunderbird north to Girard Ave. Girard Ave. from Schumann Drive west to the east line of C.C. UNIT ONE LOT 2 The property is either part of the H.C.P. or is under contract for the St Johns Stoma water Park. The roads are only paper roads and have never been built. Exhibit "A" I I I I I I I I I I I I I i I SOUTH EASY STREET .~.:,~ -..v "':~".....-'-,~.. ,._.. - ....:..: ..~*'v',: .~: ..... :' ' ..... m~ " ~2 , 186,2 ~ , ~ 1~ ~ - ' ,' ,' ~ '.. , DRIDGI ESTATES SUB . ~.: .. ~,. , . SAN - .~, F~'~ ~.~ ~ ~ ~ L ~ ........ ~ '~.' .,':.,,-:. -,:.:'~-:0,,~' · ' '""" ' ', I ~, ~ ~'~ ~ ~ a .... .. .w~ ., k~-~ ...... :-~" ~'' ~ ~ ~ o ou~ ~o ~ ~ iA ....... , 588 ........ ] ~.~ ~, {, ~ .'- / .' . ~ B ~ , ,, 1~ ' · v ', · '.,~.' ~ ~ ~M~ ~z: ~z~· ~.~,,~ [ .~ . · :,. -=, -,o ..... ~ ~. '. ., · f ; .~ ~... . ~ ..~ ~5,01 .;:--,---_. I ~5 ~'~, ' ~ " - ,, · .~. o' '~ · , ~.. · 'X: ., 147..7.9 '.gO ' 114.g6 i'" ~ (.,b. ~ 2~6,61 21~.45 '--Ti j 8 14 A25.# 2O 18 ~9 165,89 18 c, 17 lB : 80 60 ... 85,§9 ,,J" DRIVE ...... f City of Sebastian Subject: Construction Board Exhibits: One application, board member list, advertisement Expenditure Required: Amount Budgeted: Agenda No. Department Origin: Ci~ Clerk'~-j~ Date Submitted: For Agenda of: 9/29/2OOO 10/11/2000 Appropriation Required: SUM~B¥STATE~NT The Construction Board has four openings due to term expirations, a member.being removed, and an alternate member accepting a regular position. Andrew AIIocco, who currently fills the Engineer position, is eligible for reappointment and has resubmitted his application. His was the only application received. [RJ~COMM~ENDED ACTION Interview applicant, Andrew AIIocco, unless waived, and reappoint to.the Engineer position. 1. Engineer position of Andrew AIIocco 2. Plumbing Contractor position of Michael Herbig 3. Concerned Citizen position of Leonard Galbraith 4. Alternate Contractor Position of R. Scott Taylor Term. to expire 9/30/2003 Term to expire 9/30/2003 Term to expire 9/30/2002 Term to expire 9/30/2001 The remaining three positions will be readvertised. APPLICATION TO SERVE ON CITY BQ,ARD/COMMITT~E (All City Board and Committee Members Must be Residents oft.he City of Sebastian) HOlVfE PHONE: YOU A ~G~~ VO~K? VO~ ~G. NO. "" YOU'P~S~Y Sm~ ON ~ O~ ~ BO~ OK CO~~? P~SS ~ ~ ~o~s os ~ ~ou ~ ~~ m ss~o ~ o~ o~. BOA1U) OF AD,.K.ISTMENT ' ' ' " CI-IAR~RE'VIEW coMMrri~ (s~'v~ only 6 months e,,~'y 7 yr. ars) crrw:k-~ BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMrl'TEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES KECREATIONAL ADVlSOKY BOARD Tlz ~- ADVISORY BOARD OTHER TEMPORALLY COMMITTF. Z (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR E'XP~C~: (amch separate resume if n~essary) ,REASONS FOR WANTING TO S]~RVE ON BOA.RD OR COMIvlITTER: /~~ ' , LIST ANY ADDrrlONAL QuALiFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVEKBE]D{ CONVICTED OF ANY FELONY ..... IN THIS ORANY STATE? ./~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOK INVOLVING MOP, AL . .,- TURPITUDE IN THIS OK ANY STATE?. ' ' .. .' ' .,,~ WOLTLD YOU CONSIDEK SERVING' ON A BOARD .OTHEK THAN THE ONE(S),.SELECTED ABOVE? /~ .. I her, by mrfif'y that I ~ qmfliti~l to hold fl~ l~ifion for which tl~ application i~ m~l~} 'Fm~r, I hereby authod~ tl~ ~it7 of $,.,ba~fian to inv~fi~t,'th, tmtttfuln~ of ~11 information whid~ I haw provid~l ~ thi~ applieafion. I m~l~tand that ~y m[qrcpr~tafion or ommis~ion of information roqu~zt~l in ~ application is camse for disqualification. I'have .boca provided with, mad and understand City of Sebastian Codc of Ordinances Scctions 2-166 through - .bp-i~sismm- . ' . ....,. '., .. ~~W ~/~ , ~o ~ E~my or' h~' produced r~. 4/5/99 Andrew AiIocco, PE P.O. Box 780098 Sebastian, FL 32978-0098 Tel: (561) 388-3188' Fax: (561) 388-0044 Email: AIIocco~aol.com m PROFESSIONAL LICENSES & 'CERTIFICATIONS 1967 1967 1967 Graduated from the State University of New York Maritime College at Fort Schuyler with a degree in Marine Nuclear Engineering. Licensed by the United States Coast Guard as Third Assistant Engineer of Steam and Motor Vessels of any horsepower. Commissioned as an Ensign in the United States Naval Reserve. 1970 Commissioned by the NewYork State Department of Labor to inSpect boilers & pressure vessels, 1970 Commissioned as a Boiler & 'Pressure Vessel Inspector I~y the National Board, commission # 6865. '1970 1970 197'1 1972 Commissioned by the State of Ohio Department of Industrial Relations as a "Special Inspector of Boilers and Pressure Vessels. Commissioned by the Commonwealth of Pennsylvania Department of Labor and Industry as an Inspector of Boilers. Attended the Multi'Amp Institute Maintenance Seminar'on the maintenance & test procedures for electrical protective devices. Honorable Discharge from the United States Naval Reserve as Lieutenant. 1972. 1972 1973 1973 Certificate of Competency as a Master Electrician issued by the Electrical Licensing Board of the Town of Huntington, Suffolk County Long Island, New York. Master Electrician's License # 614 issued by the Town of Huntington, Suffolk County, Long Island, New York. Master Electrician's License # 1254-E issued by the Suffolk County Department of Labor, Suffolk County, New York. Certificate of Competency as a Master Electrician #444 issued bY the Suffolk. County Department of Labor, Suffolk County, New York. Page 1 of 4 1973 1973 1974 1975 1975 1976 1976 1977. 1977' 1977 1977 1977 1978 1978 1978 1978 Master Plumber's License # 966-P issued by the Suffolk County Department of Labor, Suffolk County, New York. Certificate of Competency as a Master Plumber ¢562 issued by the Suffolk: County Department of Labor, Suffolk County, New York. Private Pilot License,-Single Engine, Land from the Federal Aviation Administration. Journeyman Plumber's License'# G08474 issued by the Dade County Building & Zoning Department, Miami, Dade County,.Florida. Journeyman Electrician's License ¢G16337 issued by the Da de County Building & Zoning Department, Miami, Dade County, Florida. Certificate of Competency as a State of Florida General Contractor issued by the State of Florida, Construction Industry Licensing Board. Certified State General Contractor's License ¢ CGC 010724 issued by the .State of Florida Construction' Industry Licensing Board. State of Florida Real Estate Salesman's License #0167709 issued by the State of Florida Real Estate Commission. Certificate of Competency as a State of Florida Roofing Contractor issued by the State of Florida Construction Industry Licensing Board. Certified State Roofing License #CC C012378 issued bythe State of Florida Construction Industry Licensing Board. Certificate of Competency as a State of Florida Mechanical Contractor issued by the State of Florida Construction Industry Licensing Board. .. Certified State Mechanical Contractor's License ¢CMC 011653 issued by the State of Florida Construction'Industry Licensing Board. Certificate of Competency as a Master Plumber issued by the Dade County Department of Building & Zoning, Miami; Dade County, Florida. Master Plumber's License ¢CC 12287 issued.by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Certificate of Competency as a Master Electrician issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Master Electrician's License ¢ CC 12287 issued by Dade County Department of Building & Zoning, Miami, Dade County, Florida.' Page 2 of 4 1978 1978 1978 1978 1978 1980 1980 1980 1980 1982 1982 1987 1988 1988 1988 1989 'Certificate of Competency as a Master Plumber issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Master Plumber's License #CC 12287 issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Certificate of Competency as a Master Electrician issued by the Dade County Department of Building & Zoning, Miami, Dade County, Florida. Master Electrician's License # CC 12287 issued by Dade County Department of Building & Zoning, Miami, Dade County, Florida. State of Florida Real Estate Broker's License #0167709 issued by the State of Florida Real Estate Commission. Certified State Commercial Swimming Pool Contractor's License # CP CO 16138 issued by the State of Florida Construction Industry-Licensing Board. Certificate of Competency as a state of Florida Commercial Swimming Pool Contractor issued by the State of Florida Construction Industry Licensing Board. Registered State Electr'ician's License # ER 0007215 issued by the State of Florida Construction Industry Licensing Board. Registered State Plumbing Contractor's License # RF 0036662 issued by the State of Florida Construction Industry Licensing Board. Certified State Electrical Contractor's License # 0000525 issued by the State of Florida Construction Industry Licensing Board. Certificate of Competency as a State of Florida Electrical Contractor issued by the State of Florida Construction industry Licensing Board. Licensed by the United States Coast Guard as Captain of Motor Vessels - Ocean Operator. Licensed by the State of Florida Department of Health and Rehabilitative Services as a Certified Radon Measurement Specialist - License No. R0042 Professional Engineer's License # 39381 issued by the State of Florida Department of Professional Regulation - Board of Professional Engineers. Licensed by the State of Florida Department of Health and Rehabilitative Services as a Certified Radon Mitigation Specialist- License No. R0219 Licensed by the State of Florida Department of Professional Regulation as a Certified Asbestos Consu Itant Page 3 of 4 1990 Licensed by the State of Florida Department of Professional Regulation as a Certified Asbestos Contractor Page 4 of 4 NUMBEP, OF BOARD TERMS AND YEARS FOP. EACH INDIVIDUAL ARE AS OF 9/1/2000 AND WILL BE REVISED AT THE BEGINNING OF F_,ACH MONTH CONSTRUCTION BOARD 3 YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M. MICHAEL HOLD.RIDGE 734 ATLANTUS TERKACE SEBASTLt~, FL 32958 589-0934 - Work 589-4202 - Hom~ ELECTRICAL CONTRACTOR APPOINTED REGULAR TERM 1'0 KEPLACE C.NEUBERGEPc 10/25/95 TE1LM EXPIRES: 9/30/98 REAPPOINTED ELECTRICAL CONTRACTOR: 10/14/98 TERM TO EXPIRE: 9/30/2001 ( 2ND FULL TERM - 5TH KEGULAR MEMBEK YEAp~-. ) BENEDICT]NE ~ ' I~GULAR TERM SEBAS/T4N, FL 32958 ~ 'VACATED BY JERALD SMITH: 12/15/99. · ~ TERM TO EXPIKE: 9/30/2002 3gg-54o? Horn,. · MICHAEL HEP, BIG i519 CLEARBROOK ST. SEBASTIAN, FL 32958 3g$-0852 - Home 559-343.5 - Cell 377-1522 - Page .ANDREW ALLOCCO '~P~INTED KEGULAK MEMBEK .., ] 4g $ BARBER STKEET UNE~NGINEER PO SEBASTIAN, FLORIDA 3295~ ~OHN~TZ~I1999 355-3188. ~ ~'~...~000 88 MEREDITH FOX 11301 ROSELAND RD. SEBASTIAN, FL 22958 3g$-5706 - Home 913-3747 - Cell APPOINTED ,REGULAR MEMBER CONTRACTOR POSITION VACATED BY WILLIAM DOYLE: 6/23/99 UNEXPIRED TEP. lvl TO EXPIRE: 9/30/2000 REAPPOINTED REGULAR MEMBER CONTRACTOR POSITION: 9/13/2000 TERM TO EXPIRE: 9/30/2003 (NO FULL TERM - 2ND REGULAR MEMBER YEAR) LOUIS W. NICOLINI 1162 CROQUET SEBASTIAN, FL 398-$764 APPOINTED HARV CONTRACTOR POSITION: 10/14/98 TERM TO EXPIRE: 9/30/2001 (1ST FULL TERM - 2ND KEGULAR-MEMBEK YEAR) PIEKRE PAQUETTE 39 TR~ASUP,.E CIRCLE SEBASTIAN, FL 3295.8 58'9-6976 APPOINTED UNEXP]tLED ALTERNATE CONCERNED CITIZEN TERM VACATED BY I-1 SMITH: 12/11/96 TERM TO EXPIRE: 9/30/98 REAPPO~ ALTERNATE CONCERNED CITIZEN: 10/14/98 TERM ~0 EXPIKE: 9/30/20.01 (ALTERNATE TERMS AND YEARS NOT COUNTED) 1L SCOTT TAYLOR 117 ARCADIA DRIVE SEBAS.TIA1N', FL 329511 589-0123 .- H.OlVIE ~D ALTERNATE CONTRA~flR------ ? o s mON-V-A.qA 'm Z .. 10/1,4/98 MEER9/30/2001 CONTRACTOR POSITION OF THOMAS CI~CRLE: 9/13/2000 TERaM T.O EXP]]~E: 9/30/2003 (ALTERNATE TERMS AND YEARS. NOT COUNTED) (1ST FULL TERM - 1S? REGULAR MEMBER YF_A_K) BOARD SECRETAKY - KATHY NAPPI i City of Sebastian, 1225 MAIN STREET = SEBASTIAN, FLORIDA 3295a TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 2000 ~sS CONST~UC~ON TIlE CITY OF SEBASTIAN IS S~G APPLICANTS TO FILL THE FOLLOWING POS/T/O]qS ON THE CONSTR,UCTIONBOARD, l) PLI.~BING CONTRACTOR 2) m~z~ra 3) CONCERNED CITIZEN 4) ALTEP._~TA~r"E COlVH~CTOR QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN AND LI~SED OR REGISTERED WITH THE CITY. THIS BOARD MEETS TI-IE SECOND TUESDAY OF EACH MONTH AT 7:00 P.M. IN Tt-IE COUNCIL CHAMBERS. APPLICATIONS ARE AVA/LABLE IN THE CITY CLERK'S OFFICE, CITY HAIL, 1225 MAIN STREET, SF_.BASIIAN, BETWEEN THE HOURS OF 8:00 A.M, AND 4:30 P.M, AND WILL BE ACCEPTED~OUGH WED~SDAY, SEPTEMBER 27, 2000. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: ?Sth Anniversary Celebration- Art Show Agenda ,o. (~'0 -//.~ and Street Party - 12/16/00 and 12217/00 SubmiW~.g.~,,.~C~,.v~,..(;.r Department Origin: City Manager for te Submitted' 10/5/0~ /.~/ / ~, Management Meeting Minutes 9/28/00 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT As directed by City Council, the City of Sebastian Management Team. met with three members of the 75th Anniversary Committee on Thursday, September 28, 2000 to formulate a recommendation for the site and logistics for the '75th Anniversary CelebratiOn. The following is an excerpt of the Management Team. minutes: "Mr. Conig/io presented the committee's recommendation.to have the celebration on the soulh end of Indian River Drive in .the area of Riverview Park on December 10 and 17. Discussion took place on logistics for the celebration. There was a consensus to recommend the celebra~on be held December 16 and 17, 2000, closing Indian River DHve from Harrison Street to south of the Good Guys property, closing the Yacht Club ramp ~for the b, vo days, having a foot parade, using the west side of GOod Guys properly for parking, starting the parade on Sunday so that it will culminate with the burying of the time capsule at 5p.m. in the area. of the Kroegel statue. The Finance Director requested a cost es§mate for the October f 1, 2000 regular Council meeting to amend the budget," No cost estimate has been received as yet. _RECOMMENDED ACTIQN Consider the recommendation .and direct staff accordingly, City of Sebastian Management Team Meeting Minutes Thursday, September 28, 2000 - 8:30 a.m. Present: Management Team: City Manager, Torrance Moore City Attorney, Rich Stringer Executive Assistant, Jean Tarbell Finance Directori Mark.Mason Police Chief, Randy White City Engineer, Ralph Brescia Public Works Director, Terry Hill Building Director, George Bonacci Growth Management Director, Tracy Hass Human ResoUrces Director, Rich Samolewicz Golf Course Director, Grsg Gardner ~,lso Pr~sertt; Mayor Walter Barnes City Councilman Joe Barczyk Deputy City Clerk, Sally Maio The Deputy City Clerk read the 9/27100 City Council Meeting summary minutes. I1. The City Manager updated the management team on Student Government Day scheduled for 10/25/00. Ill. The.City.Manager updated the management team on the Crop Walk scheduled for 10/22/00. IV. 75th_Ao~lversary CelebratiOn At 9:00 a.m. the following members of the 75th Anniversary Committee arrived at the meeting: Ray coniglio Jayne Barczyk Charles Cardinale Street Party Mr. Coniglio presented the committee's recommendation to have the celebration on the south end of Indian River Drive in the area of Riverview Park on December 1.6 and 17. In .response to Mrs. Barczyk, the City Attorney said it would not hurt to obtain releases from parents of Essay. Contest winners to publish names in the newspaper. She also received the City Manager's approval to set aside 7:00 p.m. to 7:30 p.m. for presentation of winners' medals on the December 6, 2000 Regular City Council agenda. Discussion took place on. logistics for the celebration. There was a consensus to recommend the celebration be held December 16 and 17, 2000, closing indian River Drive from Harrison Street to south of the Good Guys property, closing the Yacht Club ramp for the two days, having a foot parade, using the west side of Good Guys property for parking, sta~ng the parade on Sunday so that it will culminate with the burying of the time capsule at 5 p.m. in the area of the Kroegel statue. The Finance Director requested a cost estimate for the October 11,2000 regular Council meeting to amend the budget. Management Team Meeting September 28, 2000 Page Two ~Jock Tower The City Manager said he will need the City Engineer's recommendation on traffic impacts for the Council recommended sites before a staff recommendation can be made. He said he will meet with the City. Engineer, and Public Works Director to contact FDOT, and report on their findings at the October 11,2000 regular Council meeting. The City Manager, with the consensus of the Management Team, stated that the new time for the Management Team meetings will be 8;30 a.m. VI. For thf~ Good ofthe Order The following items were discussed: · Reorganization of Public Works United Way Campaign Clothing Drive Posting of the new budget on Monday at 8:00 a.m. Advice that the next pay will be split between the current and next fiscal year Adjourned at 10:00 ~m. City o£ Sebastian, Florida Subject: Millennium Clock Location Agenda No. ~ /1 ' Department Origin: City Manager :' ~r~,a fo~ ~ .~ '~: c~ ~=~r l errence $1~lvioore Date Submi~d: 10-04-00 . ForAgenda of: 10-11-00 Exhibits: Memorandum dated October 5, 2000 to Sebastian City Council, regarding Millennium Clock Location, sketch and aerial photos. ' EXPENDITURE AMOUNT BUDGETED: APPROPRIATION I~E QUIRIgD: ' REQUIRED: SUMMARY The attached memorandum depicts three (3) potential locations for the placement of the millennittm clock tower for your edification. RECOMMENDED ACTION Consider the attached recommended locations and direct staff accordingly. 10104100 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 Interoffice Memo I I Date: October 5, 2000 To: Sebastian City Council Membem RE: Millennium Clock Location Manager, City Engineer and the Public Works Director made site visits and of the existing conditions and structures within the three potential clock tower. sketches and aerial photos indicate these conditions for your perusal. comer of Main Street & US 1 trees, flag pole, 3.5' x 5' concrete pad, sidewalk, concrete signal pole, overhead wires, brick stmctm:e, signal control box, guy wire, overhead wires. Site #2 - Southwest comer of Main Street & Indian Rivet Drive Sidewalk, trees, power pole with guy wire, retention pond. Site #3 -Northeast comer of Main Street & Indian River Drive Monument, sign, 10'x 12' concrete pad, trees, fire hydrant, street light, power pole with guy wire. I 1 I I I I t I I I I I I I / / / City of Sebastian, Florida Subject: R-00-43 - Adoption of New City Seal Department Origin: Finauce(~"~- Date Submitted: October 5 2000 For Agenda of: October 11, 2000 lgxhibits: * R-00-43 , Handwritten Letter from Curt Oxford establishing value , Agreement for Charitable Donation of Copyright. EXPENDITURE AMOUNT BUDGETED: REQU'R~D: N/A APPROPRIATION REQUIRED: N/A SUMMARY On May 10, 2000, an agreement was entered into with Curt Oxford Woodcarver, Inc. and Curt Oxford, individually establishing the charitable donation of the design and artwork associated with the welcome signs for the purposes of stationary, reproduction on clothing and merchandising and incorporation of the same into the City Seal or other logo. During the interim, the new logo has been recreated on shirts for employees as well as business cards with the intent of changing over from the old logo to the new. Staff contacted various artists to determine a value of the amvork and Mr. Oxford himself. The value provided by Mr. Oxford is in line with those of other artists. Staff has prepared a formal Resolution to adopt the artwork of the welcome signs as the official logo for the City. RECOM1V~NDED ACTION Move to adopt Resolution R-00-43. RESOLUTION NO. R-00-43 A RESOLUTION OF THE CITY OF SEBASTL4,N, FLORIDA, ADOPTING NEW CITY SEAL AND LOGO; ESTABLIS~G DONATION VALUE FOR COPYRIGHT; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WBER~AS, pursuant to an agreement between the City and Curt Oxford Woodcarver, Inc., and Curt Oxford, individually, dated May 10, 2000, the City received a donation of all rights in the design and copyright utilized for the Year 2000 "welcome signs" for the City; and WE[EREAS, the City has incorporated said design into a new logo for use on letterhead and other documents; and WEEE~AS, the new millennium, which coincides with the City's 75th Anniversary celebration, is an appropriate time to retire the City seal and logo uftlized since the mid-1970' s; and WHEREAS, a value must be established for the charitable donation of the design copyright, and the City has investigated the standard value placed upon such work; NOW TH]gREFORE, BE IT RESOLVED BY TKE COUNCIL OF ~ CITY OF SEBASTIAN, as follows: Section 1. The attached logo is hereby adopted as the official seal of the City of Sebastian and shall be utilized as the City's logo effective December 17, 2000. rights Section 2. The value of the charitable donation of the copyright and reproduction for the design of the City logo by Curt Oxford Woodcarver, Inc., and Curt Oxford, individually, is hereby established as five thousand dollars ($5000.00). Section 3. a~e hereby repealed. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption and shall be applied retroactively to October 1, 2000. The foregoing Resolution was moved for adoption by Counoilmember 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 Hill Councilmember Edward J. Majeher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 1 lth day of October, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney OURT -OX~OR~ ~OODC~RVE'R AGREEMENT FOR CHARITABLE DONATION OF COPYRIGItT ~S AGREEIVIENT entered into this 10th day of May, 2000, between CITY OF SEBASTI4.N, ~ Florida municipal corporation (hereinaJ~er 'caned the "CITY", and CUKT OXFOKD WOODCARVEP~ INC., and CURT OXFORD, an individual, (hereinafter jointly called "DONOR'.') provides as follows: I]tAT I31 AND FOR CONSIDERATION of a charitable purposes for the'public good, the receipt and sufficiency of which is hereby acknowledged 'by the parties, DONOR hereby gives and makes unto CITY a charitable donation of-an copyright under federal and common law in the design of and illustration contained in the fiscal year 1999-2000 City of Sebastian welcome signs, final commission authorization granted by the SebaStian City Council On December 1, 1999. This .charitable contribution encompasses an legal fights' to use of and .license of the design and images contained wit~n said signs, including, without limitation, the 'right to reproduze said images on CITY stationery, reproduction of the same on clothing and merchandising, and incorporation of the same.into a CITY seal or other log0.. . .. :' "~DO1NATED TO the City of Sebastian, Florida, on the date first set forth above. C-JRT OXi~ORD, an individual 'CURT OXFORD WOODCARVER, :Curt Oxford, By: .ACCEPTED by.the City of Sebastian, Florida, on the date first set forth above. ATTEST: 'TH3E CITY OF SEBASTIAN / Kathryn NC. O'Hanoran, CMC/A_AE City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City .~-ftomey 'Walter Barnes, Mayor, and i City of Sebastian, Florida Subject: Resolution No. R-00-57 Amending the City's Investment Policy pursuant to amendments to Section 218.415 promulgated by Chapter 2000-264, Laws of Exhibits: Resolnfion No. R-00-57 Attachment 1, Investment ?oliey Letter from Florida Leagne of Cities · · · · EXPENDITURE . REQUIRED: Agenda No. ~.~ Department Origin: Finance ~ Date Submitted: October 4, 2000 For Agenda of: October 11, 2000 Copy of Chal~ter 2000-264 identifying the new requirements I AMOUNT BUDGETED: APPROPRIATION N/A REQU]P~D: N/A SI. nVIMARY On November 3rd, 1999, the City Council adopted an Investment Pohcy in accordauce with Section 2-111 of the amended City Code. Daring the 2000 Legislative Session, the Florida Legislature passed CS/SB 372, a.k.a. Chapter 2000-264, Laws of Florida, which amended Section 218.415 to redefine and add additional requirements to be included in an adopted Investment Policy. Enclosed with this agenda transmittal is a copy of the letter from the Florida League of Cities aud a copy of CS/SB 372 (Chapter 2000-264) outlining the requiremems of au Investment rd Policy. The Investment Policy adopted on November 3 , 1999, included all the provisions outlined in the attached Law except for Continuing Education Requirements. Specifically, on pages 9 - 15, inclusive, are the requirements, as amended. 'The Investment Policy (see Attachment 1) adds the Continuing Education Requirements as Section XIV. RECOMMENDED ACTION Move to adopt Resolution No. R-00-57 adopting an Investment Policy, as amended, pursuant to City Code Section 2-111 and Chapter 2000-264, Laws of Florida. RESOLUTION NO. R-00-57 A RESOLUTION OF T~ CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, AMENDiNG THE CITY'S iNVESTMENT POLICY PURSUANT TO LEGISLATIVE AMENDMENTS OF SECTION 218.415, FLORIDA STATUTES; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN · EFFECTIVE DATE. V/I-IEREAS, Chapter 2000-264, Laws of Florida, amends current section 218.415, Florida Statutes, regarding investment policies; and WHEREAS, the City Council has adopted au investment policy in accordance with Section 218.415, Florida Statutes via Resolution R-99-51 on November 3, 1999; and WHEREAS, Chapter 2000-264, Laws of Florida, requires additional requirements to be contained in the Investment Policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI-[, OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. INVESTMENT POLICY. The City of Sebastian's investment Policy is hereby amended and adopted to include Section X/V, Continuing Education Requirements pursuant to Chapter 2000-264, amending Section 218.415, F.S. aud identified as attachment 1. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. . Section 3. 1, 2000. EFFECTIVE DATE. This resolution shall take effect on October 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 Councilmember James Hill Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmernber Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of October, 2000. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally Maio, CMC Deputy City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney I I ATTACHMENT 1 CITY OF SEBASTIAN iNVESTMENT POLICY SCOPE The investment policy applies to the investment of surplus funds which includes cash and investment balances oft,he following funds: General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise ~mds Trust and Agency Funds This policy does not apply to the investment of principal, interest, reserve, construction, capitalized, interest, redemption, or escrow accounts created by .ordinance or resolution pursuant to the issuance of bonds where the investments are held by an authorized depositary. This policy does not apply to funds not under investment control of the City; such as, the Sebastian Police Officer Pension Fund, the International City Management Association deferred compensation program administered by the Retirement Corporation, or the United States Conference of Mayors deferred Compensation program administered by 'the Pubhc Employee Benefit Services Corporation. INVESTMENT OBJECTIVES The folloWing investment objectives will be applied in the management of the City's funds. The primary objective and the highest priority of the City's inVestment activities is the safety of principal, investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. B. There shall be sufficient liquidity to meet the City's operating, payroll and capital requirements. C. The optimization of investment returns shall be secondary to the requirements for safety and liquidity, while striving for a reasonable rate of return. PRUDENCE AND ETItlCAL STANDARDS The "Prudent Person Rule" shall be used in the management of the overall investment portfolio. The "Prudent Person Rule" states: "Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." Page 1 of 4 Vii The Director of Finance or his designee, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported immediately and that appropriate action is taken to control adverse developments. PERFORCE MEAS~~ The benchmark yield for the overall performance of the portfolio is considered to be a market rate at least equal to the ninety (90) day Treasure Bill rate. DELEGATION OF AUTHORITY An Investment Committee shall be established consisting &the City Manager, City'Attomey, and Director of Finance. The Investment Committee shall approve all investments prior to their purchase, except routine transfers between the State Board Account and the Operating Account of the City. The Investment Committee shall meet at least semi-annually to review the City's investment strategy. AUTHORIZED INVESTMENTS Authorized investments are limited pursuant to Chapter 166.261, Florida Statutes and the Cash Management Services Contract. MATURITY AND LiQUiDiTY REOUIREMENTS To the extent possible, investment maturities shall be matched with known cash needs and anticipated cash flow requirements. Investments of operating funds shall have maturities of no longer than twenty-four (24) months. B. Investments do not necessarily have robe made for the same length of time that the funds are available. The basic criteria for ~vestment maturities are as follows: 1. Keep maturities short in a period of constantly rising interest.rates based on Treasury bill auctions or the daily Federal Funds rate. 2. Keep maturities short in a period of an inverted treasury yield curve (short-term rates are higher than the long-term rates.) Maturities should be lengthened when the treasury yield curve is normal and is expected to rema~ that way based on economic reports taken as a whole. The yield curve is normal when short-term rates are lower than long-term rates. 4. Maturities should be lengthened when interest rates are expected to fall based on economic reports taken as a whole. 5, Maturities should be staggered to provide for sequential maturities. Page 2 of 4 Investments shall be purchased with the intent of earning a favorable rate of interest and return on the City's funds for the stated maturity. The value of individual investments (such as treasury and federal agency securities) will fluctuate with market conditions and may offer opportunities for favorable gains if liquidated. All factors shall be considered when liquidating an investment prior to its scheduled maturity, including market conditions (e.g., rising or falling interest rates) and the opportunity to reinvest, the funds at a favorable return. BID REOUIREMENTS Investments shall be made through a competitive bid process. A. minimum of three (3) banks and/or dealers shall be contacted and asked to provide bids on the securities on question, except those with City investments of $2,000,000 unless approved by the City Manager. Bids shall be awarded based on the highest yield on the investment, or, at the discretion of the Director of Finance, with the Local Government Surplus Funds Trust Funds administered by the State Board of Administration when it is deemed probable that interest rates will increase in the very near futures and is not prudent to commit funds for a period of time at a lower interest rate. Surplus funds may also be invested with the Local Government Surplus Funds Trust Fund when investments in local financial institutions exceed the maximum authorized per institution. However, on an exception basis the City may invest in the following instruments and may divest itself of such investments at prevailing market prices or rates: Local Government Surplus Funds Trust Fund Direct obligations of the U.S. TreaSury Florida League of Cities Florida Municipal Investment Trust The Director of Finance or his designee shall notify the successful bidder verbally in order to expedite the purchase of the investments via a check, wire transfer or account transfer. This notice shall be confirmed by a letter from the Director of Finance or another authorized signatory of the City which states the fund and account for which the investment is made, the principal amount of the investment, the yield or interest rate, any premium or discount applicable to the investment, the maturity date, and instructions for payment of interest. RISK AND DIVERSII~ICATiON Investments shall be diversified to control the risk of loss resulting from ovemoncentration of assets in a specific maturity, issuer, instrument, dealer, savings and loan, or bank through which these instruments are bought and sold. No more than $2,000,000 shall be held by any one depository without the approval of the City Manager. The depository that holds the funds for the Local Government Surplus Funds Trust Fund administered by the State Board of Administration pursuant to Chapter 218, F.S., shall be excluded from this requirement. All investments shall be held in the name of the City of Sebastian and shall be designated as an asset of the City of Sebastian. Securities, other than non-negotiable certificates of deposit, purchased from a bank shall be held in safekeeping by the trust department of the bank. Securities purchased from Primary dealers shall be held in safekeeping by a third party custodian. Due to the cost of safekeeping, one-business day repurchase agreements made pursuant to a Cash Management Services Contract may be placed with the depositary relating to the demand account for which the repurchase agreement was purchased. Page 3 of 4 I X. AUTHORIZED INVESTMENT INSTITlYIIONS A_ND DEALERS I The Investments shall only be purchased foma financial institutions that are designated as" qualified public depositories" pursuant to Chapter 280, F.S., or from Primary dealers. I Pm'chases of all investments, except those from the Local Government Surplus Funds Trust Fund adroi~istered by the State Board of Administration pursuant to Chapter 218, F.S.,. shall I be made through the local office of the financial institution. Repurchase agreements shall only be entexed into with the financial institution providing Cash Management Services. i XI. CASH MANAGEMENT SERVICES The City shall enter into a Cash Management Services Contract with a local bank no later i than Maxch 31, 2000. This contract shall be placed for bid among all the qualified local hanlrs. I This contract shall provide for zero balance chec~g accounts for certain revenuel operating, and construction accounts of the City. These accounts Shall be designated by the Director of Finance. I The Director of Finance or his designee shall monitor investments pursuant to a Cash Management Services Contract. The investment of surplus funds in overnight repurchase I agreements pursuant to this contract shall not exceed $1,500,000 for three consecutive working days. These investments hall be guaranteed by obligations of the U.S. Government. Funds i~ excess of $1,500,000 shall be invested in accordance with the preceding paragraphs. I In accordance with City of Sebastian Orcli~ances Section 2-120, quarterly investment reports shall be provided to the City Council. The investment report shall include a list of the investments in the portfolio by fund, type, maturity, interest rate or yield, book value, market I value, and income earned as of the report date. . XIII. INTERNAL CONTROLS I The Director of Finance shall, by January 1, 2000, prepare written internal control policies mad procedures for investment transactions made pursuant to this Investment Policy. The I City Manager shall be notified immediately upon deviations from currently approved investment policies. Compliance wi~, these internal controls shall be audited annually by independent auditors as part of the City s annual financial audit. I XIV. CONTINUI31G EDUCATION REQUIREMENTS I The Director of Finance shall complete eight (8) hours annually of continuing professional educatior~ in subject courses of study related to investment practices and products. i XV. POLICY REVIEW This Investment Policy shall be reviewed annually by the Director of Finance who shall make recommendations for amendments as appropriate. I FLORIDA LEAGHE OF CITIES, INC. 301 South Bronough Street, Suite 300 + Post Office Box 1757 + Tallahassee, FL 32302-1757 Telephone (850) 222-9684 * Suncom 278-5331 + Fax (850) 222-3806 + Web site: www.flcities.corn TO: Municipal Finance Officers FROM: SUBIECT: Steve Wofford, Directorc. Ak) Department of Financial ~eivices c:~ Required Investment Policies for Pemion Funds and General Public Fun~ Chapter 2000-264, Laws of Florida , DATE: September 19, 2000 m During the 2000 Legislative Session, the Florida Legislature passed CS/SB 372 re~ing£t0 the investment of public funds, ,which is also referred to as Chapter 2000-264, Laws of Florida. J/,' copy of Chapter 2000-264, Laws of Florida, is enclosed for your review. Tkis law provides that local governments must adopt a written investment policy to invest the assets of any local retirement system or plan (pension plan), and must either adopt a written investment plan for the investment of general funds or must invest only in investments listed by statute. Chapter 2000-264, Laws of Florida, becomes effective as of October 1., 2000, and your local government may need to take action to be in compliance with this law. PENSION PLANS Chapter 2000-.264, Laws of Florida, creates a new section 112.661, Florida Statutes, which states, "Investment of the assets of any local retirement system or plan must be consistent with a written investment policy adopted by the board." The reference to "board" is a reference to the board having operational control over the local retirement system or plan. This new section .112.661, Florida Statutes, lists 17 different provisions that the investment policy must address. Each pension board in your'city should be notified as to the requirement to adopt au investment policy and a copy of Chapter 2000-264, Laws of Florida, should also be provided to each board as guidance. GENERAL PUBLIC FUNDS Chapter 2000-264, Laws of Florida, amends current section 218.415, Florida Statutes, regarding local government investment policies. All existing local govemment investment policies will need to be reviewed in conjunction with the amendments to section 218.415, Florida Statutes, to ensure that the investment policies comply with the additional statutory requirements. Local governments are required to have an investment policy for any public funds in excess of the amounts needed to meet current expenses and the investment policies must comply with all of the requireraents in section 218.415(1)-(16), Florida Statutes; or must meet the alternative investment guidelines contained in section 218.415(17), Florida Statutes. President Scott Maddox, Mayor, Tatlahassee + First Vice President Scott Black, Mayor, Dade City Second Vice President Carmela starace, Councilwoman, Royal Palm Beach Executive Director Michael Sittig + General Counsel Harry Morrison, Jr. I I I I I I I I I MEMORANDUM DATE: TO: FROM: RE: October 9, 2000 City Council Members, City Manager, City Attorney, Finance Director Sally Male ~ Deputy City Clerk 10111100 Agenda Item 00.225 - Resolution No. R-00-57 - Amending City's Investment Policy (Finance Transmittal 1014100, R-00-57 w/Attached Investment Policy, FLC Letter~) Mayor Barnes brought to my attention this morning that Chapter 2000-264 had only odd numbered pages copied in the agenda packet. Attached please find a corrected copy to insert into your packet at page 95. I apologize for any inconvenience. sam ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 An act relating to investment of public funds; amending s. 112.625, F.$.; revising and providing definitions under the Florida Protection of Public Employee Retirement Benefits Act; creating s. 112.661, F.S.; requiring that investment of the assets of any local retirement system or plan be consistent with a written investment policy; specifying requirements for such policies with respect to scope, investment objectives, performance measurement, investment standards, maturity and liquidity requirements, portfolio composition, risk and diversification, rate of return, third-party custodial agreements, master repurchase agreements, bid requirements, internal controls, continuing education requirements, reporting and filing requirements, and'valuation of illiquid investments; requiring that such policies list authorized investments and prohibiting investments not so listed; amending s. 218.415, F.S.; revising requirements relating to local governments' investment policies; revising the funds to which written investment policies apply and revising requirements relating to bids, internal controls, and reporting; specifying authorized investments for those local governments that adopt a written investment policy; prohibiting investments not listed in such policy; requiring continuing 1 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 education for officials responsible for investment decisions; revising the list of authorized investments for those local governments that do not adopt a written investment policy; providing requirements with respect to the disposition and sale of securities, and funds subject to preexisting contracts; providing for preemption of conflicting laws; providing that audits of local governments shall report on compliance with said section; providing powers and duties of the Joint Legislative Auditing Committee, the Department of Revenue, the Department of Banking and Finance, and the Department of Community Affairs to enforce compliance; amending s. 11.45, F.S.; revising authority of the Department of Revenue and the Department of Banking and Finance to follow up on entities that fail to submit required audits; amending s. 218.32, F.S.; revising authority of the Department of Banking and Finance to follow up on entities that fail to file annual financial reports; amending s. 218.38, F.S.; revising authority of the Department of Revenue and the Department of Banking and Finance to follow up on entities that fail to verify or file certain information; amending ss. 28.33 and 219.075, F.S.; providing for application of s. 218.415, F.S., to investment of county funds by clerks of the circuit courts and investment of surplus funds by county officers; amending s. 159.416, CODING:Words st~ickan are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F.S.; providing for application of s. 218.415, F.S., to investments made in connection with a pool financing program under the Florida Industrial Development Financing Act; amending s. 236.24, F.S.; deleting provisions that specify requirements with respect to investment of surplus funds by school boards; amending s. 236.49, F.S.; providing for application of s. · 218.415(16), F.S., to investment of surplus funds derived from school district bond issues; amending s. 237.211, F.S.; correcting a reference; repealing ss. 125.31, 166.261, and 218.345, ~.S., which specify requirements with respect to investment of surplus funds by counties, municipalities, and special districts, s. 230.23(10) (k), F.S., which provides requirements with respect to adoption of investment policies by school boards, and s. 237.161(5), F.S., which authorizes school boards to invest surplus assets as obligations for a period of 1 year; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (7) and (8) of section 112.625, Florida Statutes, are amended, and subsection (9) is added to said section, to read: 112.625 Definitions.--As used in this act: (7') "Statement value" means the value of assets in accordance with s. 302(c) (2) of the Employee Retirement Income 3 CODING:Words striCken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 Security Act of 1974 and as permitted under regulations 2 prescribed by the Secretary of the Treasury. Assets for which 3 a fair market value is not provided shall be excluded from the 4 .assets used in the determination of annual funding cost. 5 (8) "Named fiduciary~ .... board," or "board of trustees" 6 means the person or persons so designated by the terms of the 7 instrument or instruments, ordinance, or statute under which 8 the plan is operated. 9 (9) "Plan sponsor" means the local govern~aental entity 10 that has established or that may establish a local retirement tl system or plan. 12 Section 2. Section 112.661, Florida Statutes, is 13 created to read: 14 ~12.661 Investment policies.--Investment of the assets 15 of any local retirement system or plan must be consistent with 16 ~ written investment policy adopted by the board. Such 17 policies shall be structured to maximize the financial return 18 to the retirement s~stem or plan consistent with the risks 19 incumbent in each investment and shall be structured to 20 establish and maintain an appropriate diversification of the 21 retirement system or plan's assets. 22 (1) SCOPE.--The investment.policy shall apply to funds 23 under the control of the board. 24 (2) INVESTMENT OBJECTIVES.--The investment policy 25 shall describe the investment objectives of the board. 26 (3) PERFORF~CE MEASUrEMENT.--The investment policy 27 shall specify performance measures as are appropriate for the 28 nature and size of the assets within the board's custody. 29 (4) INVESTMENT AND FIDUCIARY STANDArDS.--The 30 investment policy shall describe the level of prudence and 31 ethical standards to be followed by the board in carrying out 4 CODING:Words mtr~k~n are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 its investment activities with respect to funds described in 2 this section. The board in perforrainN its investment duties 3 shall comply with the fiduciarj standards set forth in the 4 Employee Retirement Income Security Act of 1974 at 29 U.S.C. 5 s. l104(a) (1) (A)-(C). In case of conflict with other 6 provisions of law authorizing investments, the investment and 7 fiduciary standards set forth in this section shall prevail. 8 (5) AUTHORIZED INVESTMENTS.-- 9 (a) The.investment policy shall list investments 10 authorized by the board. Investments not listed in the 11 investment policy are prohibited. Unless otherwise authorized 12 by law or ordinance, the inves~ent of the assets of any local 13 retirement system or plan covered by this part shall be 14 subject to the limitations and conditions set forth in s. 15 215.47(1), (2), (3), (4), (5), (6), (7), (8), (10), and (16). 16 (b) If a local retirement system or plan has 17 investments that, on October t, 2000, either exceed the 18 applicable limit or do not satisfy the applicable investment 19 standard, such excess or invest2uent not in compliance with the 20 policy may be continued until such time as it is economically 21 feasible to dispose of such investment. However, no additional 22 investment may' be made in the investment category which 23 exceeds the.applicable limit, unless authorized by law or 24 ordinance. 25 (6) MATURITY AND LIQUIDITY REQUIREMENTS.--The 26 investment policy shall require that the investment portfolio 27 be structured in such manner as to provide sufficient 28 liquidit3 to ~ay obligations as they come due. To that end, 29 the investment polic~ should direct that, to the ext~n~ 30 possible, an attempt will be made to match investment 31 5 CODING:Words ~ricke~ are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 maturities with known cash needs and anticipated cash-flow 2 requirements. 3 (7) PORTFOLIO COMPOSITION.--The investment policy 4 shall establish guidelines for investments and limits on 5 security issues, issuers, and maturities. Such guidelines 6 shall be commensurate with the nature and size of the funds 7 within the custody of the board. 8 (8) RISK AND DIVERSIFICATION.--The investment policy 9 shall provide for appropriate diversification of the 10 investment portfolio. Investments held should be diversified 11 to the extent practicable to control the risk of loss 12 resulting from overconcentration of assets in a specific 13 maturity, issuer, instrument, dealer, or bank through which 14 financial instruments are bought and sold. Diversification 15 strategies within the established guidelines shall be reviewed 16 and revised periodically, as deemed necessary by the board. t7 (9) EXPECTED ANNUAL RATE OF RETURN.--The investment 18 policy shall require that, for each actuarial valuation, the 19 board deterraine the total expected annual rate of return for 20 the current year, for each of the next several years, and for 21 the long term thereafter. This determination must be filed 22 promptly with the Department of Management Services and with 23 the plan's sponsor and the consulting actuary. The department 24 shall use this determination only to notify the board, the 25 plan's sponsor, and consulting actuary of material differences 26 between the total expected annual rate of return and the 27 actuarial assumed rate of return. 28 (10) THIRD-PARTY CUSTODIAL AGREEMENTS.--The investment 29 policy shall provide appropriate arrangements for the holding 30 of assets of the board. Securities should be held with a third 31 party, and all securities purchased by, and all collateral C0~ING:Words stzick~n are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 obtained by, the board should be properly designated as an 2 asset of the board. No withdrawal of securities, in whole or 3 in part, shall be made from safekeeping except by an 4 authorized mer&ber of the board or the board's designee. 5 Securities transactions between a broker-dealer and the 6 custodian involving purchase or sale of securities by transfer 7 of money or securities must be made on a "delivery vs. 8 payment" basis, if applicable, to ensure that the custodian 9 will have the security or money, as approDriate, in hand at 10 the conclusion of the transaction. il (I1) MASTER REPURCHASE AGREEMENT.--The investment 12 policy shall require all approved institutions and dealers 13 transacting repurchase agreements to execute and perform as 14 stated in the Master Repurchase Agreement. Ail repurchase 15 agreement transactions shall adhere to the requirements of the 16 Master Repurchase Agreement. 17 (12) BID REQUIREMENT.--The investment policy shall 18 provide that the board determine the approximate maturity date 19 based on cash-flow needs and market conditions, analyze and 20 select one or more optimal types of investment, and 21 competitively bid the security in question when feasible and 22 appropriate. Except- as otherwise required by law, the most 23 economically.advantageous bid must be selected. 24 (13) INTERNAL CONTROLS.--The investment POlicy shall 25 provide for a system of internal controls and operational 26 procedures. The board shall establish a system of internal 27 controls which shall be in writing and made a part of the 28 board's operational procedures. The policy shall provide for 29 review of such controls by independent certified public 30 accountants as part of any financial audit periodically 31 required of the board's unit of local goverrnment. The internal 7 C0DING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, lst Engrossed 1 controls should be designed to prevent losses of funds which 2 might arise from fraud, error, misrepresentation by third 3 parties, or imprudent actions by the board or employees of the 4 unit of local government. 5 (14) CONTINUING EDUCATION.--The investment policy 6 shall provide for the continuing education of the board 7 members in matters relating to investments and the board's 8 responsibilities. 9 (15) REPORTING.--The investment policy shall provide 10 for appropriate annual or more frequent reporting of 11 investment activities. To that end, the board shall prepare 12 periodic reports for submission to the governing body of the 13 unit of local government which shall include investments in 14 the portfolio by class or type, book value, income earned, and 15 market value as of the report date. Such reports shall be 16 available to the public. 17 (16) FILING OF INVESTMENT POLICY.--Upon adoption by 18 the board, the investment policy shall be promptly filed with 19 the Department of Management Services and the plan's sponsor 20 and consulting actuary. The effective date of the investment 21 policy, and any amendment thereto, shall be the 31st calendar 22- day following the filing date with the plan sponsor. 23 (17) VALUATION OF ILLIQUID INVESTMENTS.--The 24 investment policy, shall provide for the valuation of illiquid 25 investments for which a general%y recognized market is not 26 available or for which there is no consistent or generally 27 accepted pricing mechanism. If those investments are utilized, 28 the investment policy must include the criteria set forth in 29 s. 215.47(6), except that submission'to the Investment 30 Advisory Council is not required. The investment policy shall 31 require that, for each actuarial valuation, the board must 8 C0BING:Words ~tr~ke~ are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 verify the determination of the fair market value for those 2 investments and ascertain that the determination complies with 3 all applicable state and federal requirements. The investment 4 policy shall require that the board disclose to the Department 5 of Management Services and the plan's sponsor each such 6 investment for which the fair market value is not provided. 7 Section 3. Section 218.415, Florida Statutes, is 8 amended to read: 9 218.415 Local government investment 10 policies.--Investment activity by a unit of local government 11 must be consistent with a written investment plan adopted by 12 the governing body, or in the absence of the existence of a 13 governing body, the respective principal officer of the unit 14 of local government and maintained by the unit of local 15 government or, in the alternative, such activity must be 16 conducted in accordance with the investment guidel~nes-~et 17 £ozth in subsection(17)'(l~). Any such unit of local 18 government shall have an investment policy for any public 19 funds in excess of the amounts needed to meet current expenses 20 as provided in subsections(I)-(16) (!) (!4), or shall meet 21 the alternative investment guidelines contained in subsection 22 (17)(15). Such policies shall be structured to place the 23 highest priority on the safety of principal and liquidity of 24 funds. The optimization of investment returns shall be 25 secondary to the requirements for safety and liquidity. Each 26 unit of local government shall adopt policies that are 27 commensurate with the nature and size of the public funds 28 within its ~ custody. 29 (1) SCOPE.--The investment policy shall apply to funds 30 under the control of the unit of local government in excess of 31 those required to meet current expenses. The investment policy 9 C0BING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 shall not apply to pension funds, including those funds in 2 .chapters 175 and 185~, tlust £andz,or funds related to the 3 issuance of debt where there are other existing policies or 4 indentures in effect for such funds. 5 (2) INVESTMENT OBJECTIVES.--The investment policy 6 shall describe the investment objectives of the unit of local / 7 goverrnnent. Investment objectives shall include safety of 8 capital, liquidity of funds, and investment income, in that 9 order. 10 (3) PERFOPdV~CE MEASUREMENT.--The investment policy 11 unit of local govei~m%ent shall specify develop performance 12 measures as are appropriate for the nature and size of the 13 public funds, within the ~ custody of the unit of local 14 government. 15 (4) PRUDENCE AND ETHICAL STANDARDS.--The investment 16 policy shall describe the level of prudence and ethical 17 standards to be followed by the unit of local government in 18 carrying out its investment activities with respect to funds 19 described in this section. The unit of local government shall 20 adopt the Prudent Person Rule, which sta=es that: "Investments 21 should be made with judgr~ent and care, under circuuustances 22 then prevailing, which persons of prudence, discretion, and 23 intelligence exercise in the management of their own affairs, 24 not for speculation, but for investment, considering the 25 probable safety of their capital as well as the probable 26 income to be derived from the investment." 27 (5) LISTING OF AUTHORIZED INVESTMENTS.--The investment 28 policy shall list investments authorized by.the governing body 29 of the unit of local goverruuent, subject to the provisions of 30 subsection (16)inv~ztments. Investments not listed in the 31 investment policy are prohibited. If the policy authorizes 10 COBING:Words stzicken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 investments in derivative products, the policy must require 2 that must be sp~if~al!~ authorized in the investmen~ plan 3 and may be considered only if the unit of local goverrnuent's 4 officials responsible for makin9 investment decisions or chief 5 financial officer have Lbo developed sufficient understanding 6 of the derivative products and have h=o the expertise to 7 manage them. For purposes of this subsection, a "derivative" 8 is defined as a financial instrument the value of which 9 depends on, or is derived from, the value of one or more 10 underlying assets or index or asset values. If the policy 11 authorizes investments in 5hhe use of reverse repurchase 12 agreements or other forras of leverage, the polic3 must limit 13 the investments shall be pr~hi~ite~ or limited by investment 14 policy to transactions in which w~ the proceeds are 15 intended to provide liquidity and for which ~he unit of local 16 goverr~uent has sufficient resources and expertise. 17 (6) MATURITY AND LIQUIDITY REQUIREMENTS.--The 18 investment policy shall require that the investment portfolio 19 is structured in such manner as to provide sufficient 20 liquidity to pay.obligations as they come due. To that end, 21 the investment policy should direct that, to the extent 22 'possible, an attempt will be made to match investment 23 maturities with known cash needs and anticipated cash-flow 24 requirements. 25 (7) PORTFOLIO COMPOSITION.--The investment policy 26 shall establish guidelines for investments and limits on 27 security issues, issuers, and maturities. Such guidelines 28 shall be commensurate with the nature and size of the public 29 funds within the cusEody of the unit of local governraent. 30 (8) RISK AND DIVERSIFICATION.--The investment policy .31 shall provide for appropriate diversification of the ll CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 investment portfolio. Investments held should be diversified 2 to the extent practicable to control the risk of loss 3 resulting from overconcentration of assets in a specific 4 maturity, issuer, instrument, dealer, or bank through which 5 financial instruments are bought and sold. Diversification 6 strategies within the established guidelines shall be reviewed 7 and revised periodically, as deemed necessary by the 8 appropriate management staff. 9 (9) AUTHORIZED INVESTMENT INSTITUTIONS AND 10 DEALERS.--The investment policy should specify the authorized 11 securities dealers, issuers, and banks from whom the unit of 12 local government may purchase securities. 13 (10) THIRD-PARTY CUSTODIAL AGREEMENTS.--The investment 14 policy shall provide appropriate arrangements for the holding 15 of assets of the unit of local government. Securities should 16 be held with a third party; and all securities purchased by, 17 and all collateral obtained by, 'the unit of local goverrnnent 18 should be properly designated as an asset of the unit of local 19 government. No withdrawal, of securities, in whole or in part, 20 shall be made from safekeeping, except by an authorized staff 21 member of the unit of local government. Securities 22 transactions between a broker-dealer and the custodian 23 involving purchase or sale of securities by transfer of money 24 or securities must be made on a "delivery vs. payment" basis, 25 if applicable, to ensure that the custodian will have the 26 security or money, as appropriate, in hand at the conclusion 27 of the transaction. 28 (11) MASTER REPURCHASE AGREEMENT.--The investment 29 policy unit of local ~oveIrm%ent shall require all approved 30 institutions and dealers transacting repurchase agreements to 31 execute and perform as stated in the Master Repurchase 12 C0D~NG:Words ztiick~n are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372~ 1st Engrossed 1 Agreement. All repurchase agreement transactions shall adhere 2 to the requirements of the Master Repurchase Agreement. 3 (12) BID REQUIREMENT.--The investment policy shall 4 require that the unit of local government's staff determine 5 the approximate maturity date based on cash-flow needs and 6 market conditions, analyze and select one or more optimal 7 types of investment, and competitively bid the security in 8 question when feasible and appropriate. Except as otherwise 9 required by law, the bid deemed to best meet the investment 10 objectives specified in subsection (2) must be selected.~r~t~r 11 the unit of local gove£nment ~ta£f has dete~L~ined the 12 approximate maturity date based an cash flow ~eds and mark-et 13 corrdi-tions an~ ~a~ analyzed and selected one o~ nro~e optimal 14 ~ypes c~f i~vestment, t-he ~e~u~it~"in question ~hatl, when 15 feasible an~ appr~pLi~te, be ~nxpetitivety bid. 16 (13) INTERNAL CONTROLS.--The investment policy shall 17 provide for a system of internal controls and operational 18 procedures. The unit of local government's officials 19 responsible for making investment decisions or chief financial 20 officer shall, {~2 ~mnua~y i, 1Dg~,establish a system of 21 internal controls which shall be in writing and made a part of · 22' the governmental entity's operational procedures. The 23 investment policy shall provide for review of such controls by 24 independent auditors as part of any financial audit 25 periodically required of the unit of local government. The 26 internal controls should be designed to prevent losses of 27 funds which might arise from fraud, employee error, 28 misrepresentation by third parties, or imprudent actions by 29 employees of the unit of local government. 30 (14) CONTINUING EDUCATION.--The investment policy 31 shall provide for the continuing education of the unit of 13 CODIN~:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 16' 17 18 19 20 21 -22. 23 24 25 26 27 28 29 30 31 1 local government's officials responsible for making investment 2 decisions or chief financial officer. Such officials must 3 annually complete 8 hours of continuing education in subjects 4 or courses of study related to investment practices and 5 products. 6 (15) (14) REPORTING.--The investment policy shall 7 provide for appropriate annual or more frequent reporting of 8 investment activities. To that end, the governmental entity's 9 officials responsible for making investment decisions or chief 10 financial officer shall prepare periodic reports for 11 'submission to the legislative and governing body of the unit 12 of local government, which shall include securities in the 13 portfolio by class or type, book value, income earned, and 14 market value as of the report date. Such reports shall be 15 available to the public. (16) AUTHORIZED INVESTMENTS; WRITTEN INVESTMENT POLICIES.--Those units of local government electing to adopt a written investment policy as provided in subsections (1)-(15) may by resolution invest and reinvest any surplus public funds in their control or possession in: (a) The Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperatign Act as provided in s. 163.01. (b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. (c) Interest-bearing time deposits or savings accounts in qualified public depositories as defined in s. 280.02. (d) Direct obligations of the United States Treasury. (e) Federal agencies and instrumentalities. 14 CSD~NG:Words s~i=ken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 (f) Securities of, or other interests in, any open-end 2 or closed-end management-type investment company or investment 3 trust registered under the Investment Company Act of 1940, 15 4 U.S.C. ss. 80a-1 et seq., as amaended from time to time, 5 provided that the portfolio of such investment company or 6 investment trust is limited to obligations of the United 7 States Goverrunent or any agency or instruraentality thereof and 8 to repurchase agreements fully collateralized by such United 9 States Govern/nent obligations, and provided that such 10 investment company or investment trust takes delivery of such 11 collateral either directly or through an authorized custodian. 12 (g) Other investments authorized by law or by 13 ordinance for a county or a municipatityl 14 (h) Other investments authorized by law or by 15 resolution for a school district or a special district. 16 (17)~5) AUTHORIZED INVESTMENTS; NO WRITTEN INVESTMENT 17 POLICY AL~KNATIVE INVESTMENT GUIDELINES.--Those units of 18 local goverrauent electing not to adopt a written investment 19 policy in accordance with investment policies developed as 20 provided in subsections (1)-(15) may invest or reinvest any 21 surplus Public funds in their control or possession in:~m~ 22 ad~i-ti~n to or i~ lieu of establishing a written investment 23 p~rmi~ accordance with investment p~l~cies ~eve~=pe~p~s~nt 24 to subsections (1) (14), a unit of local governraent electin~ 25 to sonduc-t investment activity outside the framew~T~ p~ovided 26 by this par~ =hall do s~-u~de[ the g~i-del~e~ s~t fc~th in 27 ~is section. The unit of local ~oveLl~ent may invest in the 28 ~ilo~i~g instruments an~ may divest itself c~f s=~ 29 inve~tme-nts, at prevailing market prices or rates, subject to 30 t~e l~mit~tions of this section. 31 15 C0DIN~:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 (a) The Local Goverrauent Surplus Funds Trust Fund, or any intergovernmental investmen~ pool authorized pursuant to the Florida Interlocal Cooperation Act, as provided in s. 163.01. (b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. (c) Interest~bearing time deposits or savings accounts in state certified qualified public depositories, as defined in s. 280.02. (d) Oe~ifi~ates ~f deposit in s~ate certified ~u=lified public depositories, as d=fined in s. 200.92. (d).ff~ Direct obligations of the U.S. Treasury, (f) Pede~al agen:ies and inst~aentalitie~. The securities listed in paragraphs (c) andT(d), ~e), and shall be invested to provide sufficient liquidity to pay obligations as they come due match inve~tn~nt matu~itie~ with current e~penses. (18) SECURITIES~ DISPOSITION.-- (a) Every security purchased under this section on behalf of the governing body of a unit of local government must be properl3 earmarked and: 1. If registered with the issuer or its agents, must be irmuediately placed for safekeeping in a location that protects the loverning body's interest in the security; 2. If in book entry form, must be held for the credit of the qoverning body by a depository chartered by the Federal Governr~ent, the state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658.12, or by a 16 CODINg:Words stricken are deletions; words under!i~ed are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 national association organized and existing under the laws of 2 the United States which is authorized to accept and execute 3 trusts and which is doing business in this state, and must be 4 kept by the depository in an account separate and apart from 5 the assets of the financial institution; or 6 3. If physically issued to the holder but not 7 registered with the issuer or its agents, must be ir~nediately 8 placed for safekeeping in a secured vault. 9 (b) The unit of local goverru~ent's governing body may 10 also receive bank trust receipts in return for investment of 11 surplus funds in securities. A_ny trust receipts received must 12 enumerate the various securities held, together with the 13 specific number of each security held. The actual securities 14 on which the trust receipts are issued may be held by any bank 15 depository chartered by the Federal Government, this state, or 16 any other state or territory of the United States which has a 17 branch or principal place of business in this state as defined 18 in s. 658.12, or by a national association organized and 19 existing under the laws of the United States which is 20 authorized to accept and execute trusts and which is doing 21 business in this state. 22 (19) SALE OF SECURITIES.--When the invested funds are 23 needed in whole or in part for the purposes originally 24 intended or for more optimal investments, the unit of local 25 government's governing body may sell such investments at the 26 then-prevailing market price and place the proceeds into the 27 proper account or fund of the unit of local government. 28 (20)' PREEXISTING CONTRACT.--Any public funds subject 29 to a contract or agreement existing on October 1, 2000, may 30 not be invested contrary to such contract or a~reement. 31 17 CODING:Words ~tri=ken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed I (21) PREEMPTION.--Any provision of any special act, 2 municipal charter, or other law which prohibits or restricts a 3 local governmental entity from complyin~ with this section or 4 any rules adopted under this section is void to the extent of 5 the conflict. 6 (22) AUDITS.--Certified public accountants conducting 7 audits of units of local qovernment pursuant to s. 11.45 shall 8 report, as_part of the audit, whether or not the unit of local 9 government has complied with this section. 10 (23) AUDITOR GENERAL; REVIEW.--During the Auditor 11 General's review of audit reports of units of local 12 government, the Auditor General shall contact those units of 13 local government not in compliance with this section and 14 request evidence of corrective action. If the unit of local 15 government does not provide the Auditor General with evidence 16 of corrective action within 45 days after the date it is 17 requested, the Auditor General shall then notify the Joint 18 Legislative Auditing Committee of any unit of local government 19 not in compliance with this section. Following notification of 20 failure by a local government to comply with this section, a 21 hearing may be scheduled b3 the committee. If a hearing is 22 scheduled, the'committee shall determine which units of local 23 goverrnne~t will be subjected to further state action. If the 24 committee finds that one or more units of local government 25 should be subjected to further state action, the committee 26 shall: 27 (a) In the case of a county, municipality, or district 28 school board, request the Department of Revenue and the 29 Department of'BankinN and Finance to withhold any funds not 30 pledged for bond debt service satisfaction which are ~ayable 31 to such governmental entity. The Department of Revenue and the 18 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 Department of Banking and Finance are authorized to implement 2 the provisions of this paragraph. The committee, in its 3 request, shall specify the date such action shall begin, and 4 the request must be received by the Department of Revenue and 5 the Department of Banking and Finance 30 days before the date 6 of the distribution mandated by law. 7 (b) In the case of a special district, notify the 8 Department of Communit~ Affairs that the special district has 9 failed to comply with this section. Upon receipt of 10 notification, the Depart2uent of Cormnunity Affairs shall !1 proceed pursuant to the provisions specified in ss. 189.421 12' and 189.422. 13 Section 4. Paragraph (a) of subsection (3) of section 14 11.45, Florida Statutes, is amended to read: 15 11.45 Definitions; duties; audits; reports.-- 16 (3) (a)l. The Auditor General shall annually make 17 financial audits of the accounts and records of all state 18 agencies, as defined in this section, of all district school 19 boards in counties with populations of fewer than 125,000, 20 according to the most recent federal decennial statewide 21 census, and of all district boards of trustees of community 22 colleges..The Auditor General shall, at least every other 23 year, make operational audits of the accounts and records of 24 all state agencies, as defined in this section. The Auditor 25 General shall, at least once every 3 years, make financial 26 audits of the accounts and records of all district school 27 boards in counties with populations of 125,000 or more. For 28 each of the 2 years that the Auditor General does not make the 29 financial audit, each district school board shall contract for 30 an independent certified public accountant to perform a 31 financial audit as defined in paragraph (1) (b). This section 19 CODING:Words ~t~i~k~n are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 does not limit the Auditor General's discretionary authority 2 to conduct perfora~ance audits of these goverr~ental entities as authorized in subparagraph 3. A district school board may 4 select an independent certified public accountant to perform a 5 financial audit as defined in paragraph (1) (b) notwithstanding 6 the notification provisions of this section. In addition, a 7 district school board may employ an internal auditor to 8 perform ongoing financial verification of the financial 9 records of a school district, who must report directly to the 10 district school board or its designee. The AuditOr General 11 shall, at a minimum, provide to ~he successor independent 12 certified public accountant of a district school board the 13 prior year's working papers, including docu~aentation of 14 planning, internal control, audit results, and other matters 15 of continuing accounting and auditing significance, such as 16 the working paper analysis of balance sheet accounts and those 17 relating to contingencies. 18 2. Each charter school established under s. 228.056 19 shall have an annual financial audit of its accounts and 20 records completed within 12 months after the end of its fiscal 2i year by an independent certified public accountant retained by 22 it and paid from its-funds. The independent certified public 23 accountant who is selected to perform an annual financial 24 audit of the charter school shall provide a copy of the audit 25 report to the district school board, the Department of 26 Education, and the Auditor General. A management letter must 27 be prepared and included as a part of each financial audit 28 report. The Auditor General may, pursuant to his or her own 29 authority or at the direction of the Joint Legislative 30 Auditing Co~ittee, conduct an audit of a charter school. 31 20 C0~IN~:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 3. The Auditor General may at any time make financial 2 audits and performance audits of the accounts and records of 3 all governmental entities created pursuant to law. The audits 4 ·referred to in this subparagraph must be made whenever 5 de~ermined by the Auditor General, whenever directed by the 6 Legislative Auditing Corm~ittee, or whenever otherwise required 7 by law or concurrent resolution. A district school board, 8 expressway authority, or bridge authority may require that the 9 annual financial audit of its accounts and records be 10 completed within 12 months after the end of its fiscal year. 11 If the Auditor General is unable to meet that requirement, the 12 Auditor General shall notify the school board, the expressway 13 authority, or the bridge authority pursuant to subparagraph 5. 14 4. The Office of Program Policy Analysis and 15 Government Accountability within the Office of the Auditor 16 General shall maintain a schedule of performance audits of 17 state programs. In conducting a performance audit of a state 18 program, the Office of Program Policy Analysis and Government 19 Accountability, when appropriate, shall identify and comment 20 upon alternatives for accomplishing the goals of the program 21 being audited. Such alternatives may include funding 22' -techniques and, -if appropriate,-must describe how other states 23 or governmental units accomplish similar goals. 24 5. If·by July 1 in any fiscal year a district school 25 board or local governmental entity has not been notified that 26 a financial audit for that fiscal year will be performed by 27 the Auditor General pursuant to subparagraph 3., each 28 municipality with either revenues or expenditures of more than 29 $100,000, each special district with either revenues or 30 expenditures of more than $50,000, and each county agency 31 shall, and each district school board may, require that an 21 C0DI~G:Words st~ickan are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 annual financial audit of its accounts and records be 2 completed, within 12 months after the end of its respective 3 fiscal year, by an independent certified public accountant 4 retained by it and paid from its public funds. An independent 5 certified public accountant who is selected to perform an 6 annual financial audit of a school district must report 7 directly to the district school board or its designee. A 8 management letter must be prepared and included as a part of 9 each financial audit report. Each local governraent finance 10 cor~uission, board, or council, and each municipal power 11 corporation, created as a separate legal or adrainistrative 12 entity by interlocal agreement under s. 163.01(7), shall 13 provide the Auditor General, within 12 months after the end of 14 its fiscal year, with an annual financial audit report of its 15 accounts and records and a written statement or explanation or 16 rebuttal concerning the auditor's cor~uents, including 17 corrective action to be taken. The county audit shall be one 18 document that includes a separate audit of each county agency. 19 The county audit must include an audit of the deposits into 20 and expenditures from the Public Records Modernization Trust 21 Fund. The Auditor General shall tabulate the results of the 22' audits of the Public Records Modernization Trust Fund and 23 report a suramary of the audits to the Legislature annually. 24 6. The governing body of a municipality, special 25 district, or charter school must establish an auditor 26 selection corm~ittee and competitive auditor selection 27 procedures. The governing board may elect to use its own 28 competitive auditor selection procedures or the procedures 29 outlined in subparagraph 7. 30 7. The governing body of a noncharter county or 31 district school board that retains a certified public 22 C0~ING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 accountant must establish an auditor selection committee and 2 select an independent certified public accountant according to 3 the following procedure: 4 a. For each noncharter county, the auditor selection 5 committee must consist of the county officers elected pursuant 6 to s. l(d), Art. VIII of the State Constitution, and one 7 member of the board of county commissioners or its designee. 8 b. The committee shall publicly announce, in a uniform 9 and consistent manner, each occasion when auditing services 10 are required to be purchased. Public notice must include a 11 general description of the audit and must indicate how 12 interested certified public accountants can apply for 13 consideration. 14 c. The committee shall encourage firms engaged in the 15 lawful practice of public accounting who desire to provide 16 professional services to submit annually a statement of 17 qualifications and performance data. 18 d. Any certified public accountant desiring to provide 19 auditing services must first be qualified pursuant to law. The 20 committee shall make a finding that the firm or individual to 21 be employed is fully qualified to render the required 22 services. Among the factors to be considered in making this 23 finding are the capabilities, adequacy of personnel, past 24 record, and experience of the firm or individual. 25 e. The committee shall adopt procedures for the 26 evaluation of professional services, including, but not 27 limited to, capabilities, adequacy of personnel, past record, 28 experience, results of recent external quality control 29 reviews, and such other factors as may be determined by the 30 committee to be applicable to its particular requirements. 31 23 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 f. The public must not ba excluded from the 2 proceedings under this subparagraph. 3 g. The committee shall evaluate current statement's of 4 qualifications and perfo~/~ance data on file with the 5 committee, together with those that may be submitted by other 6 firms regarding the proposed audit, and shall conduct 7 discussions with, and may require public presentations by, no 8 fewer ~han three firms regarding their qualifications, 9 approach to the audit, and ability to furnish the required 10 services. 11 h. The committee shall select no fewer than three 12 firms deemed to be the most highly qualified to perform the 13 required services after considering such factors as the 14 ability of professional personnel; past performance; 15 willingness to meet time requirements; location;'recent, 16 current, and projected workloads of the firms; and the volume 17 of work previously awarded to the firm by the agency, with the 18 object of effecting an equitable distribution of contracts 19 among qualified firms, provided such distribution does not 20 violate the principle of selection of the most highly 21 qualified firms. If fewer than three firms desire to perform 22 the services, the corm~ittee shall recommend such firms as it 23 determines to be qualified. 24 i. If the governing board receives more than one 25 proposal for the same engagement, the board may rank, in order 26 of preference, the firms to perform the engagement. The firm 27 ranked first may then negotiate a contract with the board 28 giving, among other things, a basis of its fee for tha~ 29 engagement. If the board is unable to negotiate a 30 satisfactory contract with that firm, negotiations with that 31 firm shall be formally terminated, and the board shall then 24 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 13 14 15 16 17 18 19 20 21 -- 22 23 24 25 26 27 28 29 30 31 1 undertake negotiations with the second-ranked firm. Failing 2 accord with the second-ranked firm, negotiations shall then be 3 terminated with that firm and undertaken with the third-ranked 4 firm. Negotiations with the other ranked firms shall be 5 undertaken in the same manner. The board, in negotiating with 6 firms, may reopen formal negotiations with any one of the 7 three top-ranked firms, but it may not negotiate with more 8 than one firm at a time. The board shall also negotiate on the 9 scope and quality of services. In making such determination, 10. the board shall conduct a detailed analysis of the cost of the 11 professional services required in addition to considering 12 their scope and complexity. For contracts over $50,000, the board shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that the rates of compensation and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Such certificate shall also contain a description and disclosure of any understanding that places a limit on current or future years' audit contract fees, including any arrangements under which fixed limits on fees will not be subject to reconsideration if unexpected accounting or auditing issues are encountered-. Such certificate shall also contain a description of any services rendered by the certified public accountant or firm of certified public accountants at rates or terms that are not customary. Any auditing service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the board determines the contract price was increased due to inaccurate or incomplete factual unit costs. All such contract 25 C0~iNG:Words ~tricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 adjustments shall be made within 1 year following the end of 2 the contract. 3 j. If the board is unable to negotiate a satisfactory 4 contract with any of the selected firms, the corm~ittee shall 5 select additional firms, and the board shall continue 6 negotiations in accordance with this subsection until an 7 agreement is reached. 8 8. At the conclusion of the audit field work, the 9 independent certified public accountant shall discuss with the 10 head of each local governmental entity or the chair's designee 11 or with the chair of the district school board or the chair's 12 designee, or with the chair of the board of the charter school 13 or the chair's designee, as appropriate, all of the auditor's 14 con~ents that will be included in the audit report. If the 15 officer is not available to discuss the auditor's corm~ents, 16 their discussion is presumed when the co~ents are delivered 17 in writing to his or her office. The auditor shall notify each 18 me~%ber of the governing body of a local governmental entity 19 for wkich deteriorating financial conditions exist which may 20 cause a condition described in s. 218.503(1) to occur if 21 actions are not taken to address such conditions. 22 9. The officer's written statement of explanation or 23 rebuttal concerning the auditor's corm~ents, including 24 corrective action to be taken, must be filed with the 25 governing body of the local governmental entity, district 26 school board, or charter school within 30 days after the 27 delivery of the financial audit report. 28 10. The Auditor General, in consultation with the 29 Board of Accountancy, shall adopt rules for the form and 30 conduct of all financial audits subject to this section and 31 conducted by independent certified public accountants. The 26 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 Auditor General, in consultation with the Department of 2 Education, shall develop a compliance supplement for the 3 financial audit of a district school board conducted by an 4 independent certified public accountant. The rules for audits 5 of local governmental entities and district school boards must 6 include, but are not limited to, requirements for the 7 reporting of information necessary to carry out the purposes 8 of the Local GoVernment Financial Emergencies Act as stated in 9 s. 2!8.501. 10 11. Any local governmental entity or district school 11 board financial audit report required under subparagraph 5. or 12 charter school financial audit report required under 13 subparagraph 2. and the officer's written statement of 14 explanation or rebuttal concerning the auditor's'comments, 15 including corrective action to be taken, must be submitted to 16 the Auditor General within 45 days after delivery of the audit 17 report to the local governmental entity, district school 18 board, or charter school, but no later than 12 months after 19 the end of the fiscal year. If the Auditor General does not 20 receive the financial audit report within the prescribed 21 period, he or she must notify the Legislative Auditing 22 Committee that the'governmental entity.or charter school has 23 not complied with this subparagraph. Following notification of 24 failure to submit the required audit report or items required 25 by rule adopted by the Auditor General, a hearing must be 26 scheduled by rule of the committee. After the hearing, the 27 committee shall determine which governmental entities or 28 charter schools will be subjected to further state action. If 29 it finds that'one or more governmental entities or charter 30 schools should be subjected to further state action, the 31 committee shall: 27 CODING:Words stzicken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 a. In the case of a local governmental entity, 2 district school board, or charter school, request the 3 Department of Revenue and the Department of Banking and 4 Finance to withhold any funds not pledged for bond debt 5 service satisfaction which are payable to such governmental 6 entity or charter school until the required financial audit is 7 received by the Auditor General. The Department of Revenue and 8 the Department of Banking and Finance are authorized to 9 implement the provisions of this sub-subparagraph. The 10 committee, in its request, shall specify the date such action 11 shall begin, and the request must be received by the 12 Department of Revenue and the Department of Banking and 13 Finance 30 days before the date of the distribution mandated 14 by law. 15 b. In the case of a special district, notify the 16 Department of Community Affairs that the special district has 17 failed to provide the required audits. Upon receipt of 18 notification, the Department of Community Affairs shall 19 proceed pursuant to ss. 189.421 and 189.422. 20 12.a. The Auditor General, in consultation with the 21 Board of Accountancy, shall review all audit reports submitted 22 pursuant to subparagraph 11. The Auditor General shall request 23 any significant items that were omitted in violation of a rule 24 adopted by the Auditor General. The items must be provided 25 within 45 days after the date of the request. If the Auditor 26 General does not receive the requested items, he or she shall 27 notify the Joint Legislative Auditing Committee. 28 b. The Auditor General shall notify the Governor and 29 the Joint Legislative Auditing Committee of any audit report 30 reviewed by the Auditor General which contains a statement 31 that the local governmental entity or district school board is 28 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 in a state of financial emergency as provided in s. 218.503. 2 If the Auditor General, in reviewing any audit report, 3 identifies additional information which indicates that the 4 local governmental entity or district school board may be in a 5 state of financial emergency as provided in s. 218.503, the 6 Auditor General shall request appropriate clarification from 7 the local governmental entity or district school board. The 8 requested clarification must be provided within 45 days after 9 the date of the request. If the Auditor General does not 10 receive the requested clarification, he or she shall notify 11 the Joint Legislative Auditing Committee. If, after obtaining 12 the requested clarification, the Auditor General determines 13 that the local governmental entity or district school board is 14 in a state of financial emergency as provided in s. 218.503, 15 he or she shall notify the Governor and the Joint Legislative 16 Auditing Committee. 17 c. The Auditor General shall annually compile and 18 transmit to the President of.the Senate, the Speaker of the 19 House of Representatives, and the Joint Legislative Auditing 20 Committee a sununary of significant findings and financial 21 trends identified in audits of local governmental entities, 22 district school boards, and charter schools performed by the 23 independent certified public accountants. 24 13. In conducting a performance audit of any agency, 25 the Auditor General shall use the Agency Strategic Plan of the 26 agency in evaluating the performance of the agency. 27 Section 5. Paragraph (e) of subsection (1) of section 28 218.32, Florida Statutes, is amended to read: 29 218.32 Annual financial reports; local governmental 30 entities.-- 31 (1) 29 CODING:Words ~t~i=k~n are deletions; words underlined are additions. ENROLLED 2000 Legislature C$ for SB 372, 1st Engrossed 1 (e) If the department does not receive a completed 2 annual financial report from a local governmental entity 3 within the required period, it shall notify the Legislative 4 Auditing Committee of the failure to report. Following receipt 5 Of notification of failure to report, the committee shall 6 schedule a hearing for the purpose of receiving additional 7 testimony addressing the failure of local governmental 8 entities to comply with the reporting requirements of this 9 section. After the hearing, the committee shall determine 10 which local governmental entities will be subjected to further 11 state action. If it finds that one or more local governmental 12 entities should be subjected to further state action, the '13 conunittee shall: 14 1. In the case of a county or municipality, request 15 the Department of Revenue and the Department of Banking and 16 Finance to withhold any funds not pledged for bond debt 17 service satisfaction which are payable to the county or 18 municipality until the required annual financial report is 19 received by the department. The Department of Revenue and the 20 Department of Bankin~ and Finance are authorized to implement 21 the provisions of this subparagraph. The committee, in its 22. request, shall specify the date such action shall be~in, and 23 the request must be received by the Department of Revenue and 24 the Department of Banking and Finance 30 days before the date 25 of distribution mandated by law. 26 2. In the case of a special district, notify the 27 Department of Community Affairs that the special district has 28 failed to provide the required annual financial report. Upon 29 notification, the Department of Community Affairs shall 30 proceed pursuant to ss. 189.421 and 189.422. 31 3O C0DIN~:Words ~t~icke~ are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for $B 372, 1st Engrossed 1 3. In the case of a special district that is a 2 component unit and that did not provide the financial 3 information required by paragraph (b) to the applicable 4 reporting entity, notify the Departnnent of Community Affairs 5 that the special district has failed to provide the required 6 financial information. Upon notification, the Department of 7 Community Affairs shall proceed pursuant to ss. 189.421 and 8 189.422. 9 Section 6. Paragraph (a) of subsection 3) of section 10 218.38, Florida Statutes, is amended to read: 11 218.38 Notice of bond issues required; verification.-- 12 (3) If a unit of local government fails to verify 13 pursuant to subsection (2) the information held by the 14 division, or fails to provide the information required by 15 subsection (1), the division shall notify the Legislative 16 Auditing Committee of such failure to comply. Following 17 receipt of such notification of failure to comply with these 18 provisions, a hearing shall be scheduled by the committee' for 19 the purpose of receiving testimony addressing the failure of 20 units of local government to comply with the requirements of 21 this section. After the hearing, the committee shall 22' determine which units of local-government will be subjected to 23 further state action. If it finds that one or more units of 24 local government should be subjected to further state action, 25 the committee shall: 26 (a) In the case of a unit of local government, request 27 the Department of Revenue and the Department of Banking and 28 Finance to withhold any funds not pledged for bond debt 29 service satisfaction which are payable to such governmental 30 entity. The Department of Revenue and the Department of 31 Banking and Finance are authorized to implement the provisions 31 CODING:Words ~t~icken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 of this paragraph. The co~ittee, in its request, shall 2 specif~ the date such action shall begin, and the request must 3 be received by the Department of Revenue and the Department of 4 Banking and Finance 30 days before the date of the 5 distribution mandated by law. 6 Section 7. Section 28.33, Florida Statutes, is amended 7 to read: 8 28.33 Investment of county funds by the clerk of the 9 circuit court.--The clerk of the circuit court in each county 10 shall invest county funds in excess of those required to meet 11 expenses as provided in s. 218.415.make an estimate of his 12 he~ p~oj~ted fina~iat needs foe the c~unty and shall inces~ 13 any f~n~s i~ designated deposit-~y banks in interest bea~ing 14 certificates or in any direct oblig=tions uf the United 15 in co~lian=e wi~h federal laws Icl=ting tu receiTt of and 16 wlthd~awat of ~eposit~. Ail investTm~nts shall b~ ope~r fo~ bid 17 te alt qualified depositories in the count~. The cler~ shal~ 18 seiect the high~st and best b~d fo~ deposit. Ail 19 ~=ceived by the clerk shall include, but not be timit~d to, 20 tl~e i~te~est ~ate to be ea[n=d and ~=e total a~¢unt of dolla= 21 ==tu=~ to be pai~ to the clerk. In the eve~ of a lika bid 22 .... b=t~en tw~ or mole banks, the mon~ys shail be di~ide~ and 23 ~eposited in each bank, so tong a~ the total intelsat 24 f£~ the divide~ deposit= will n~ be te~ than the t~tal 25 int~st ~ncome l~ad the depusits ~t been divided. If at the 26 time of bi~ the d~llar ~e~u~n on direct ob~igat~on~ of the 27 Fedema! Gov~In~ent is g%eater than the highest bank &=turn, 28 then the clerk shall in,est in the ~ig~e[ =etu~n ~ecu~ity, 29 Moneys depomited ~n the ~egi~try ~f the c~u~t shalk be 30 de,sited in interest bea~ing ce[tificate~ at the di$~[eti~n 31 of the cle~, subject t~ ~%e above guideli~es.No clerk 32 C~IN~:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 investing such funds shall be liable for the loss of any 2 interest when circumstances require the withdrawal of funds 3 placed in a time deposit and needed for immediate payment of 4 county obligations. Iq any c~unty whez~ ~ocal banks ~fuse to 5 b~d ~ securing snob money on interest bea~i~g ce~tific~te~, 6 e~e c{ezk may z~uest and receive bids fzom ba~k$ in-cfa~n~z 7 counties within the state and m~ke ~ach ~eposits to the 8 successful bidder. Except for interest earned on moneys 9 deposited in the registry of the court, all interest accruing 10 from moneys deposited shall be deemed income of the office of 11 the clerk of the circuit court investing such moneys and shall 12 be deposited in the same account as are other fees and 13 commissions of the clerk's office. The clerk may invest 14 moneys deposited in the registry of the court and shall retain 15 as income of the office of the clerk and as a reasonable 16 investment management fee 10 percent of the interest accruing 17 on those funds with the balance of such interest being 18 allocated in accordance with the interest of the depositors. 19 Each clerk shall, as soon as placticabt~ ~ftez ~e end of the 20 fiscal !rear, report to the count~ govel-r~i~T~ autf~ozit-y tt~ 21 total interest earned on alt investmen~ ~u~ing ~e p~ec~ding 22- ~ 23 Section 8. Subsection (9) of section 159.416, Florida 24 Statutes, is amended to read: 25 159.416 Pool financings.-- 26 (9) Proceeds of bonds and moneys held for the payment 27 of debt service on bonds, including, but not limited to, 28 amounts held in the loan fund, any reserve fund, or debt 29 service fund for the bonds, may be invested in investments 30 authorized by or pursuant to an ordinance or resolution 31 providing for Ehe issuance of the bonds or any trust agreement 33 C~I~:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 or trust indenture or other instrument approved by such 2 ordinance or resolution, including, but not limited to, 3 investments described in s. 218.415 ~s. 28.~S, 4 166.261, ~10.~45, 2t9.075, and 2~.24 and chapter 298. The. 5 acquisition of any debt obligation or investment contract or 6 investment agreement of any bank, savings and loan 7 association, insurance company, registered broker-dealer, or 8 other financial institution shall be deemed to be an 9 investment and not a loan and therefore need not meet the 10 criteria of subsections (5), (6), and (7). 11 Section 9. Section 219.075, Florida Statutes, is 12 amended to read: 13 219.075 Investment of surplus funds by county 14 officers.-- 15 (1) (a) Except when another procedure is prescribed by 16 law or by ordinance as to particular funds., a tax collector or 17 any other county officer having, receiving, or collecting any 18 money, either for his or her office or on behalf of and 19 sUbject to subsequent distribution to another officer of state 20 or local government, while such money is in excess of that 21 required to meet current expenses su~plu= to cu~e~t needs of 22 '}~i~ o~ her office or is.pending distribution, shall invest 23 such money, without limitation, as provided in s. 218.415.~. 24 i. The Local Gove~rm~ent 3u~ptus Funds T~ust Fund, as 25 created by s. ~10.405, 26 2.. Dcnds, note~, o~ other ~biigat~on= of the Unite~ 27 Stat-e~ guaranteed by the 5~ni%ed State~ or f-o~ which the credit 28 of tke U~ite~ States i~ p!edg~ fo[ the 29 p[~nci~al and interest o~ dividend~, 30 3. Intetest bearing time depc~it$ ou ~avings accounts 31 im bank~ o[ganized unde~ the laws of thi= ~tate, i~ national 34 C~IN~:Words atricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 banks o~ganized undez the laws of the United States and 2 b~in~s~ a:rd situat~in tPri$ state, in savings and loan 3 a~ociations which are under state supervision, oz in federal 4 ~avings and loan associations l~cate~ in this state and 5 organized u~eu federal !aw and federal supervision, pmovided 6 that any such deposits axe secured by collateral as may b~ 7 pmesczibed by law, 8 4. ~ecuLTtie~ o~, or ot~ez inteze~ts in, a~y open 9 ~r ct=se~ em~ m~agemen= type investment c~pany o~ investment 10 t~ust zegistered under the Investment C~pany ~=t of !940, 15 11 U,~.O. s~. 00a 1 et seq., as amended fr~ time to time, 12 pL~vided the portfolio of such investment c~pany cT 13 inves~n~t t~ust is limited to obligations of the Unite~ 14 Stat~s ~ve[~%ent ~ an~ agency o~ in~~tality thereof and 15 to ~epurchase ag~e~m~nta futt~ collatezalize~ ~ ~=ch United 16 States Gover~ent obligati~s and provided su=h inv~tment 17 =~pany ~ investment trust takes delivery of such 18 eitheL diLectly oz thz~ugh an authozized custodian. 19 (b) These investments shall be planned so as not to 20 slow the no~al distribution of the subject funds. The 21 investment earnings shall be reasonably apportioned and 22 allocated and shall.be credited to the account of, and paid 23 to, the office or distributee, together with the principal on 24 which such earnings accrued. 25 (2) Except when another procedure is prescribed by 26 law, ordinance, or court order as to particular funds, the tax 27 collector shall, as soon as feasible after collection, deposit 28 in a bank designated as a depository of p~lic funds, as 29 provided in s. 658.60, all taxes, fees, and other collections 30 received by him or her and held prior to distribution to the 31 appropriate taxing authority. I~ediately after such funds 35 ~$~IN~:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 have cleared and have been properly credited to the tax 2 collector's his or he[ account, the tax collector shall invest 3 such funds according to the provisions of s. 218.415 ills 4 se~tiom. The earnings from such investments shall be 5 apportioned at least quarterly on a pro rata basis to the 6 appropriate taxing authorities. However, the tax collector 7 may deduct therefrom such reasonable amounts as are necessary 8 to provide for costs of administration of such investments and 9 deposits. 10 (3) The State Board of Administration may establish a 11 schedule and guidelines to be followed by tax collectors 12 making deposits and investments under the provisions of 13 subsection (2). 14 (4~ The~vi~iorm-of this se~ti~ are s~bje~t to~ the 15 p~ovlsions of s. 216.415. 16 Section 10. Section 236.24, Florida Statutes, is 17 amended to read: 18 236.24 Sources of district school fund.-- 19 (I~ The district school fund shall consist of funds 20 derived from the district school tax levy; state 21 appropriations; appropriations by county com~issioners; local, 22 ~state, 'and federal school food service funds; any and al~ 23 other sources for school purposes; national forest trust funds 24 and other federal sources; and gifts and other sources. 25 (2) (=) Unle~ ~the~wi~= a~th~ized b~ law o~ by 26 ordinance,, ea~ acho~t boar~ ~hall, bp ~e~o{~ti~ to be 27 adopted fzo~u time to time~ inve~ an~ ~einves~ an~ surplus 28 pt~lic fundz in its ~ntr~i o~ po~emaion in. 29 1. The Local ~ov~[rn~ent Su~ptus Fundz Trus~ F~n~; 30 ~. Neg~tlabl~ direct obligations o~, or ob!~g=ti~us 31 the p~in~i~ral and interest of~F~rich aL~ unconditicmally 36 C$~IN~:Words str±cken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 guaranteed ~y, ~%e U~lited State~ G~vez~ment at the then 2 prevailing m~zket pric~ £oz s~ch ~ecurities, 3 3. Interest be~ing time deposits or savings accounts 4 in qualified publ~c depositories as defi~ed in s. 200.02, 5 4. C~tigaticns of the f-e~e~at f:~m credit banks, the 6 ~edezat H~me ~n M~rtgage Qozpouation, including F~deral 7 L~an Mortgage Cozpoza~i~ participation c~tifi:ates, o~ the 8 ~delat ti~e L~n Qank ~r it~ district bank~ ~r obligations 9 g~ranteed by the Gov~z~er~ National Moztgag~ A~ociatien, 10 5. Obligati~n~ of th~erat Nationa{ M~ztgage 11 Aaso~i~tion, in~!~ding.F~d~zal National Moztgag~ 12 participation ceztifi~ate~ and m¢itgage pas~ through 13 ceztif~cat~ g~azantee~ by the Federal Nation~i 14 A~ciation, 15 6. Securities ~, ~ ~the~ int~erests in, any ~pen end 16 ~z ~l~sed en~ managemen~ type investment c~pany or investment 17 trust z~gist~z~d under th~ Investment C~pany A~ t940, 18 U.S.C. s~. ~0a ~ e~ seq., as amended ~ time to time, 19 p~vid~d the po[tfolio of s~M~ investment ~pany or 20 iKvestment trust is limited t~ obligations of the United 21 9ta~ Govezi~%ent ~r any agency sr instz~ntatity ~heTe~f and 22 t~ rear,base agreement~ fully ~otlateraiized by such United 23 Stat~s Go~z~nt~bfigat~ns, and provided such i~vesta~nt 24 c~pany oz invest%ant trust takes d~liv~zy of s~h 25 either directly ~ through an authoziz~us~ian. 26 (b) i. S~u~ities purchased by any ~u~ s~o~i 27 under the a~t~zSty ~f this law ska!{ be dalive~ed ~ the 28 seller to the s~hool boaz~ ~ it~ a~ointed safek~ep~r. The 29 saf~k~ep~z shall be a q~lified bank or trust c~pany 30 chartered to ~ezate as such by t~ ~tate ~f Fl~zi~ any 31 otk~L stat~ oz territory of the Unit~ St~s, $[ the United 37 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 States Go~ernmenL, that has a branch o~ princip=l place of 2 busln=~s in this state as defined in s. 650.t2. Tt~e ~afeke=pe~ 3 shall issue documentation f~r each t~an~action, and a m~nthty 4 state~L~ent detailing all ~ansactions for th= period. 5 £. Gecarities phy=ical!~ delivered to the school 6 ~hall be pls:e~ in a safe-deposit b~x ~n a ban~ cz other 7 institution to~ated within the county and duly licensed .and 8 insul~d. Withdrawals fr¢~ such safe d=posit box =hall be only 9 by peisons duty =uLhoxized by resolution of the school 10 9. The school b~a~.may also ~ceive bank t~u~t 11 ~eceip~s in [etu~n fo~ inve=tment of s~rplus funds in 12 secaritle$. ~%ny t~ust receipts receiv~ must en~e~ate the 13 varioas securities held to~etl,e~ with the specific nuclei 14 each secuxity held. The actual secu[i~ies on which the trust 15 receipt= ale is~aed ma~ be held ~y any bank d~posltory 16 cha~tered by the United States Government, .th~ State of 17 Pto~ida, ur any ~the~ state cz territ~£y of tP~ United States, 18 that has ~ b~anch o~ p[inci~at place of business in t},is stat= 19 as defined in s. 650.12, or their des~gnat-~d a~nts. 20 (c~ When tl~ mon~ inv=sted in such securiti=s fs 21 needed in whole o~ in part fo~ th~ purposes originally 22 intende~, the school board is autko[ized to sell such security 23 or se~uriti%s at tl~e th~n pre~ailil~g market pri~e and tc pay 24 the proceed~ of =u~h-sale into the proper account o~ £~nd of 25 the school 26 (d) For the purposes ~f thi~ law, tt,e t-e~m "surplus 27 funds" is defined as funds in any ~en~ral or special a~ount 28 ~ fund ~f the ~chool board, held o[ c~ntr~lted by the school 29 board, whicl~ funds are not Le=sonsbty contemplated to be 30 needed for the purposes int=nded within a ~easonabte Lime £r~m 31 th~ date c~ such investment. 38 C~I~:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 (e) ~y surplus ~/b!~= f~n~s subje=t to a contract or 2 agreement on the date of this ~na=t~ent shall not be invested 3 cont[a~y to such =ont~a~t ox agreement. 4 (~ ~he provisi~s of t-his ~ubsection axe suppien~neal 5 tc any and all ~t~ laws relating to the .legal inv~ments by 6 s~h~ol board~. 7 ~ Investments made ~u~suant to th~ ~ection ma~ ~ 8 in book entry fo~m and ma~ Le u~e~ repurch=~e ag[cements. 9 (4) The ~io~ of thi~ section a~e ~u~j~t to ~ 10 pr~isions of ~. 210.415. 11 Section 11. ParagraPh (a) of s~section. (2) of section 12 236.49, Florida Statutes, is amended to read: 13 236.49 Proceeds; how expended.--The proceeds derived 14 from the sale of said bonds shall be held by the school board 15 and shall be expended by the board for the purpose for which 16 said bonds were'authorized for said school district, and shall 17 be held and expended in the manner following: 18 (2) Ail or any part of the fund derived from the 19 proceeds of any such bond issue that in the jud~ent of the 20 school board is not i~ediately needed may be placed in the 21 following securities maturing not la=er than the time when the 22 funds are reasonably'expected to be needed: 23 (a) In investments listed in s. 218.415(16)autho~ized ' 24 in s. ~36.24(2) (a) f~ =~e dist~ct school fun~. 25 Section 12. Paragraph (b) of subsection (6) of section 26 237.211, Florida Statutes, is amended to read: 27 237.211 School depositories; pa~ents into and 28 withdrawals from depositories.-- 29 (6) EXEMPTION FOR SELF-INSU~CE PROG~S AND 30 THIRD-PARTY ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROG~S.-- 31 39 ~0DING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 (b) The school board is authorized to contract with an' 2 insurance company or professional achninistrator who holds a 3 valid certificate of authority issued by the Department of 4 Insurance to provide any or all services that a third-party 5 administrator is authorized by law to perform. Pursuant to 6 such contract, the school board may advance or remit money to 7 the administrator to be deposited in a designated special 8 checking account for paying claims against the school board 9 under its self-insurance programs, and remitting premiums to 10 the providers of insured benefits on behalf of the school 11 board and the participants in such programs, and otherwise 12 fulfilling the obligations imposed upon the administrator by 13 law and the contractual agreements between the school board 14 and the administrator. The special checking account shall be 15 maintained in a designated district school depository. The 16 school board may replenish such account as often as necessary 17 upon the presentation by the service organization of 18 documentation for claims or premiu/us due paid equal to the 19 amount of the requested .reirabursement. Such replenisb/nent 20 shall be made by a warrant signed by the chair of the board 21 and countersigned by the superintendent. Such replenishment 22' may be made by"electronic, telephonic, or other medium, and 23 each transfer shall be confirmed in writing and signed by the 24 superintendent or his or her designee. The provisions of 25 strict accountability of all funds and an annual audit by an 26 independent certified public accountant as provided in s. 27 230.23(10) (k__L) ~l)shall apply to this subsection. 28 Section 13. Sections 125.31, 166.261, and 218.345, 29 Florida Statutes, paragraph (k) of subsection (10) of section 30 230.23, Florida Statutes, and subsection (5) of section 31 237.i61, Florida Statutes, are repealed. 40 CODING:Words ~t~icken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 2 2000. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 14. This act shall take effect October 1, 41 C$~ING:Words stzlcken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 An act relating to investment of public funds; amending s. 112.625, F.S.; revising and providing 'definitions under the Florida Protection of Public ~mployee Retirement Benefits Act; creating s. 112.661, requiring that investment of .the.assets of any local retirement system or plan be' consistent with a written investment policy; specifying requirements for such policies with respect to scope, invest~nent objectives, performance measurement, investment standards, maturity and liquidity requirements, portfolio composition, risk and diversification, rate of return, third-party custodial agreements, master repurchase agreements, bid requirements, internal controls, continuing education requirements, reporting and filing requirements, and valuation of illiquid invesLments; requiring that such policies list authorized invest/nents and prohibiting investments not so listed; araending s. 218.415, F.S.; revising requirements relating to local goverrnnen~s' investment policies; revising the funds to which written investment policies apply and revising requirements rela~ing to bids, internal controls, and reporting; specifying authorized investments for those local governments that adopt a written investment policy; prohibiting investments not listed in such policy; requiring continuing C0~ING:Words ~%z~cken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '17 18 20 21 22 23 24 25 26 27 28 2~ 3O 51 F.S.; providing for application of s. 2!8.415, F.S., to investments made in connection with a pool financing program under the Florida Industrial Development Financing Ac~; amending s. 236.24, F.S.; deleting provisions that specify requirements with respect to investment of surplus funds by school boards; amending s. 236.49, F.S.; providing for application of s. '218.415(16), F.S., to investment of surplus funds derived from school district bond issues; amending s. 237.211, F.S.; correcting a reference; .repealing ss. 125.31, 166.261, and 218.345, F.S., which specify requirements with respect to investment of surplus funds .by. Counties, municipalities, and special districts, s. 230.23(10) (k), F.S., which provides requirements with respect to adoption of investment policies by school boards, .and s. 237.161(5), F.S., which authorizes school boards to invest surplus assets as obligations for a period of 1 year.; providing an effective date. .. Be It Enacted by the Legis!ature of the State of Florida: Section 1. Subsections (7) and (8)of section 112.625, Florida Statutes, are amended, and subsection (9) is added to said section, to read: 112.625 Definitions.--As used in this act: (7') "Statement value" means the value of assets in accordance with s. 302(c) (2) of the Employee Retirement Income C0~ING:Words stricken are deletions; words underlined are additions. I I i I i i ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 its investment activities with respect to funds described in 2 this section. The board in performing its investment duties 3 shall comply with the fiduciary standards set forth in the 4 Employee Retirement Income Security Act of 1974 at 29 U.$.C. 5 s. li04(a) (1) (A)-(C). In case of conflict with other 6 provisions of law authorizing investments, the investment and 7 fiduciary standards set forth in this section shall prevail. 8 (5) AUTHORIZED INVESTMENTS.-- 9 (a) The.investment policy shall list investments l0 authorized by the board. Investments not listed in the 11 investment policy are prohibited. Unless otherwise authorized 12 by law or ordinance~ the investment of the'assets of any local 13 retirement system or plan covered by ~his part shall be 14 subject to the limitations and conditions set forth in s. 15 215.47(1), (2), (3), (4)L (5), (6), (7), .(8), (t0), and (16). 16 (b) If a local retirement system or plan has i7 investments that, on October !, 2000, either exceed the 18 applicable limit or do not satisfy the applicable investment 19 standard, such excess or investment not'in compliance with the 20 policy may be continued until such time as it is economically 21 feasible to dispose of such investment. However, no additional 22 investment may'be made in the'investment category which 23 exceeds the applicable limit, unless authorized by law or 24 ordinance. 25 (6) MATURITY AND LIQUIDITY REQUIREMENTS.--The 26 investment policy shall re_~uire that the investment portfolio 27 be structured in such manner as to provide sufficient 28 liquidity to pay obligations as they come due. To that end, 29 the investment policy should direct that, to the extent 30 possible, an attempt will be made to match investment 31 5 C0DING:Words zt~icken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed I obtained by, the board should be properly designated as an 2 asset of ~he board. No withdrawal of securities, in whole or 3 in part, shall be made from safekeeping except by an 4 authorized mer~ber of the board or the board's designee. 5 Securities transactions between a broker-dealer and the' 6 custodian involving purchase or sale of securities by transfer 7 of money or securities.must be made on a "delivery vs. 8 payment" basis, if applicable, to ensure that the custodian 9 will have the security or money, as.appropriate, in hand at 10 the conclusion of the transaction. 11 (11) MASTER KEPURCHASE AGREEMENT.--The investment 12 policy shall require all approved institutions and dealers' 13 transacting repurchase agreements to execute and perform as 14 stated in the Master Repurchase Agreement. Ail repurchase 15 agreement"transactions shall' adhere to the requirements of the 16 Master Repurchase Agreement. 17 (12) BID REQUIREMENT.--The investment policy shall 18 provide that the board deter~ine the approximate maturity date 19 based on cash-flow needs and market conditions, analyze and 20 select one or more optimal types of investment, and 21 competitively bid the security in question when feasible and 22 appropriate. Except. as otherwise required by law, the most 23 economically advantageous bid must be selected. 24 (13) INTERNAL CONTROLS.--The investment policy shall 25 provide for a_'system of internal'controls and operational. 26 procedures. The board shall establish a system of internal 27 controls which shall be in writing and made a part of the 28 board's operational procedures. The policy shall provide for 29 review of such controls by independent certified public 30 accountants as part of any financial audit periodically 31 required of the board's unit of local government. The internal 7 C0~ING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1. verify the determination of the fair market value for those 2 investments and that complies ascertain the determination with 3 all applicable state and federal requirements. The investment 4 policy shall require that the board disclose to the D~partment 5 of Managemen~ Services and the plan's sponsor'each such 6 investment for which the fair market value is not ~rovided. 7 Section 3. Section 218..415, Florida Statutes, is 8 amended to read: ' 9 218.415 Local government investment 10 policies.--Investment activity by a unit of local government 11 must be consistent with a written investment plan adopted by 12 the governing body, or in the absence of the existence of a 13 governing body, the respective principal officer of the unit 14. of local government and maintained by the unit of local 15 government or, in the alternative, such activity must be 16 conducted in accordance with th~ inve~t4nent guideli~e~ set 17 ~/rth in subsection(17)~-t~. Any such unit of local 18 government shall have an investment policy for any public 19 funds in excess of the amounts needed to meet current expenses 20 as provided in subsections(l)-(16) (1) {i49, or shall meet 21 the alternative investment guidelines contained in subsection 22 (17)~-!~. Such policies shall be structured to place the 23 highest priority on the safety of principal and liquidity of 24' funds. The optimization of investment returns shall be 25 secondary to the requirements for safety and liquidity. Each 26 unit of local goverranent shall adopt Policies that are 27 commensurate with the nature and size of the public funds 28 within its ~ custody. 29 (1) SCOPE.--The investment policy shall apply to funds 30 under the control of the unit of local government in excess of 31 those required to meet current expenses. The investment policy , C0~ING:Words stricken are deletions; words underlined are additions. 22' 'possible,-an attempt will be made to match investment. 23 maturities with known cash needs and anticipated cash-flow 24 requirements. 25 (7} PORTFOLIO COMPOSITION.--The investment policy 26 shall establish guidelines for investments and limits on 27 security issues, issuers, and maturities. Such guidelines 28 shall be commensurate with the nature and size of the public 29 funds within the custody of the unit of local government. 30 (8) RISK AND DIVERSIFICATION.--The investment policy -31 shall'provide for appropriate diversification of the 11 C$~IN~:Words ~t~i=k~n are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed I investments in derivative products, the policy must require 2 that must be sp~ci~i=a!!y ~utho~i=~ in the investment plan 3 and may be c~nsideT~d ~ly if the unit of local government's 4 officials responsible for making'investment decisions or chief 5 financial officer have h~ developed sufficient understanding 6 of the derivative products and ~v9 ~ the expertise to 7 manage them. For purposes of this subsection, a "derivative" 8 is defined as a financial instrument the value of which 9 depends on, or is derived from, the value of one or more 10 underlying assets or index or asset values. If the policy 11 authorizes investments in The us~ of reverse repurchase 12 agreements or other forms of leverage, the policy must limit 13 the investments shall be p~hi~ite~ or {imite~ b~ investment 14 pol~cy to transactions in which wh~-r~ the proceeds are 15 intended to provide liquidity.and for which the unit of local 16 government has sufficient resources and expertise. 17 (6) ~ATURITY AND LIQUIDITY REQUIREMENTS.--The 18 investment policy shall reqUire that the investment portfolio 19 is structured in such manner as to provide sufficient 20 liquidity to pay.obligations as they come due. To that end, 21 the investznent policy should direct that, to the extent ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 Agreement. All repurchase agreement transactions shall adhere 2 ~o the requirements of the Master Repurchase Agreement. 3 (12) BID REQUIReMENT.--The investment policy shall 4 require that the unit of local government's staff determine 5 the approximate maturity date based on cash-flow needs and 6 market conditions, analyze and select one or more optimal 7 types of investment, and competitively bid the security in 8 question when feasible and appropri, ate. Except as otherwise 9 required by law, the.bid deemed to best meet the investment 10 objectives specified in subsection (2) must be 11 the ~nit of lo,at goYe~n~e~rt ~taff has dete~wi-ne~ the 12 appro~im=te maturi~ ~a~e based on cash fl=w neea% and m~ket !3 c~%diti=ns am/-ha~ ahalyze~ an~ =ele=t=d one or mo~e optimal 14 types ~f investment, =he s=curit~ in qaeS~i~= ~hal!, when · 15 feasible and appropriate, be competitively 16 (13) INTERNAL CONTROLS.--The investment policy shall 17 provide for a system of internal controls and operational 18 procedures. The unit of local government's officials 19 responsible for making investment decisions or chief financial 20 officer shall, by Januar~ i, iDg~,establish a system of 21 internal controls which shall be in writing and made a part of -22' the .governmental entity's operational procedures. .The 23 inves~_ment policy shall provide for review of such controls by 24 independent auditors as part of any financial audit 25 periodically required of the unit of local government. 'The 26 internal controls should be designed to prevent losses of 27 funds which might arise from fraud, employee error, 28 misrepresentation by third parties, or imprudent actions by 29 employees of the unit of local government. 30 -(14) CONTINUING EDUCATION.--The investment policy 31 shall provide for the continuing education of the unit of 13 are deletions; words underlined are additions. ENROLLED 20'00 Legislature CS for SB 372, 1st Engrossed 1 (f) Securities of( or other interests in, any open-end 2' or closed-end management-type invest2nent company or investment 3 trust registered under the Investment Company Act of 1940, 15 4 U.S.C. ss. 80a-1 et seq., as amended from time to time, 5 provided that the portfolio of such inves~ent company or 6 investment trust is limited to obligations of the United 7 States Government or any agency or instrumentality thereof and 8 to repurchase agreementS'fully collateralized by such United 9 States Goverrunent obligations, and provided that such 10 investment company or investment trust takes deliver~ of such 11 collateral either directly or through an authorized custodian. 12 (g) Other investments authorized by law or by 13 ordinance for a county or a municipalityl 14 (h) Other investments authorized by law or by 15 resolution for a school district or a'special district. 16 (17)(!5) AUTHORIZED INVESTMENTS; N© WRITTEN INVESTMENT 17 POLICY AL~E~{ATiV~ iNVEST%MENT GUIDELINES.--Those units of 18 local government electing not to adopt a written investment 19 policy in accordance with investment policies developed as 20 provided in subsections (1)-(15) may iuvest or reinvest any 21 surplus public funds'in their control or possession in:~n 22 additeo~ to or in lieu ~ e~t~blishing a written investm~ent 23 plan in accordan~e~ith investment po!ici~s deve~pe~ pursuant 24 to subsecti~ (i)(14), a ~%i5 o~ ~oca! g~v~unent ele=ti~g 25 to o~nduct investment aotivity outsi~e the framework provided 26 by thi~ part. ~h~t! do ~o un, er the gu~eiine~ ~et fo[t~ in 27 this se=tio~. The unit of local gcverrnnent may invest in the 28' ~otlowing instruments and-may dives~ ~t-xelf of such 29 investments, at p~evailing market p~i=es o~ ~at~, subjeot to 30 the limitation$ of thi~ section. 31 15 CODING:Words stritken are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 '30 31 ENROLLED 2000 Legislature CS for SB 372, !st Engrossed national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state, and must be kept by the depository in an account separate and apart from the assets of the financial institution; or 3. If physically issued to the holder but not registered with the issuer Or its a~ents, must be immediately placed for'safekeeping in a secured vault. (b) The unit of local goverrnnent's governing body may also receive bank trust receipts in return for investment of surplus funds in securities. Any trust receipts received must en%unerate 'the various securities held, together with the s~ecific number of each security held.-The actual securities on which the trust receipts are issued may be held by any bank depository chartered by the Federal Goverrnnent, this .state, ~or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658.12, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state. (19) SALE OF SECURITIES.--When the invested funds'are needed in whole or in part for 'the purposes originally intended or for more optional investments, the unit of local government's governing body may sell such investments at. the then-prevailin~ market price and place the proceeds into the proper account or fund of the unit of local government. (20)' PREEXISTING CONTRACT.--Any public funds subject to a contract or agreement existing on October 1, 2000, may not be invested contrary to such contract or agreement. 17 CODING:Words ~ick~n are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed I Department of Banking and Finance are authorized to implement 2 the provisions of this paragraph. The con~uittee, in its 3 .request, shall s_pecif_v the date such action shall begin, and 4 the request must be received by the Department of Revenue and 5 the Department of Banking and Finance 30 days before the date 6 of the distribution mandated by law. 7 (b) In the case of a special district, notify the 8 Department of Community Affairs that the special district has 9 failed uo comply with this section. Upon receip~ of 10 notification, the Department of Communit~v Affairs shall 11 proceed pursuant to the provisions specified in ss. 189.421 12' and 189.422. 13 Section 4. Paragraph (a) of subsection (3) of section 14 11.45, Florida Statutes, is amended to read: 15 11.45 Definitions; duties; audits; reporus.-- 16 (3) (a)l. The Auditor General shall annually make 17 financial audits of the accounts and records of all state 18 agencies, as defined in this section, of all district school 19 boards in counties with populations of fewer than 125,000, 20 according to the most recent federal decennial statewide 21 census, and of all distrio~ boards of trustees of conununity 22 Colleges..The Auditor General 'shall, at least every other 23 year, make operational audits of the accounts and records of 24 all state agencies, as defined in this section. The Auditor 25 General shall, at least once every 3 years, make financial 26 audits of the accounts and records of all district school 27 boards in counties With populations of 125,000 or more. For 28 each of ~he 2 years that the Auditor General does not make the 29 financial audit, each district school board shall contract for 30 an independent certified public accountant to perform a 31 financial audit as defined in paragraph (1) (b). This section 19 C0BING:Words stricke~ are deletions; words 'underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 3. The Auditor General may at any time make financial 2 audits and performance audits of the accounts and records of 3 all governmental entities created pursuant to !aw. The audits 4 '"referred to in this sUbparagraph must be made whenever 5 determined' by the Auditor General, whenever direcned by the 6 Legislative AUditing Committee, or whenever otherwise required 7 by law'or concurrent resolution. A district school board, 8 expressway authority, or bridge authority may require that the 9 annual financial audit of its accounts and records be 10 completed within 12 months after the end of its fiscal year. 11 If the AuditOr General is unable to meet that requirement, the 12 Auditor General shall notify the school board, the expressway 13 authority, or the bridge authority pursuant to subparagraph 14 4. The Office of Progra~ Policy Analysis and 15 Government Accountability within the Office .of the Auditor 16 General Shall maintain a schedule of performance audits of 17 state programs. In conducting a performance audit of a state 18 program, the Office of Program Policy Analysis and Government 19 Accountability, when appropriate, 'shall identify and comment upon alternatives for'accomplishing the goals of the program 21 being audited. Such alternatives may include funding 'techniques and, 'if appropriate,'-must describe how other states 23 or governmental units accomplish similar goals. 24 5. If'by July I in any fiscal year a district school 25 board or local governmental entity has not been notified that 26 a financial audit for that fiscal year will be performed by 27 the Auditor General pursuant to subparagraph 3., each 28 municipality with either revenues or expenditures of more than 29 $100,000, each special district with either revenues or 30 expenditures of more than $50,000, and each county agency 31 shall, and each district school board may, require that an C0~ING:Word$ stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 accountant must establish an auditor selection con~uittee and 2 select an independent certified public accountant according to 3 the following procedure: 4 a. For each noncharter county, the auditor selection 5 committee must consist of the county officers elected pursuant 6 to s. l(d), Art. VIII of the State Constitution, and one 7 member of the board of county cormuissioners or its designee. 8 b. The' committee shall publidly announce, in a unifoz~u 9 and consistent manner, each occasion when auditing services 10 are required to be purchased. Public notice must include a 11 general description of the audit and must indicate how 12 interested certifie~d public accountants can apply for 13 consideration. 14 c. The committee shall encourage firms engaged in the 15 lawful practice of public accounting' who desire to provide 16 professional services to submit~annually a stateraent of 17 qualifications and performance data. 18 d. My certified public'accountant desiring to provide 19 auditing services must first be qualified pursuant to law. The · 20 committee shall make a finding that the firm or individual to 21 be employed is fully qualified to render the required 22 services. Among the factors to be considered in making this 23 finding are the capabilities, ade'quacy of personnel, past 24 record, and experience of the firm or individual. 25 e. The cormmittee shall adopt procedures for the 26 evaluation of professional services, including, but not 27 limited to, capabilities, adequacy of personnel, past record, 28 experience, results of recent external quality control 29 reviews, and such other factors as may be deternutned by the 30 committee to be applicable to its particular requirements. 31 23 C0BING:Words ~%ricken are deletions; words underlined are additions. ! i ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed I 1 undertake negotiations with the second-ranked firm. Failing I 2 accord with the second-ranked firm, negotiations shall then be 3 terminated with that firm and undertaken with the third-ranked 4 firm. Negotiations with the other ranked firms shall be i 5 undertaken in the same manner. The board, in negotiating with 6 firms, may reopen formal negotiations with any one'cf the i 7 three top-ranked firms, but it not with may negotiate more 8 than one firm at a time. The board shall also negotiate on the I 9 scope and quality of services. In making such determination, 10 the board shall conduct a detailed analysis of the cost of the · 11 professional services required in addition ~o considering I 12 their scope and complexitY. For contracts over $50,000, the 13 board shall require the firm receiving the award to execute a i 14 truth-in-negotiation stating rates certificate that the of 15 compensation and other factual unit costs supporting the I 16 compensation are accurate, complete, and current at the time 17 of contracting. Such certificate shall also contain a 18 description and disclosure of any understanding that places a I 19 limit on current or future years' audit contract fees, 20 including any arrangements under which fixed limits on fees I will not be s~bject to reconsideration if unexpected 21 -- 22 accounting or auditing issues are encountered.. Such I 23 certificate shall also contain a description of any services 24 rendered by the certified public accountant or firm of 25 certified public accountants at rates or terms that are not i 26 customary. Any auditing service contract under which such a 27 certificate is required must contain a provision that the I 28 original contract price and any additions thereto shall be 29 adjusted to exclude any significant sums by which the board I 30 determines the Contract price was increased due to inaccurate 31 or incomplete factual unit costs. All such contract COBINC:Words ~-~xicken are deletions; words underlined are additions. ! ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed ! Auditor General, in consultation with the Department of 2 Education, shall develop a compliance supplement for the 3 financial audit of a district school board conducted by an 4 independent certified p~%blic accountant. The rules for audits 5 of local goverr~uental entities and district school boards must 6 include, but are not limited to, requirements for the 7 reporting of information necessary to carry out the purposes 8 of the Lo~al Government Financial Emergencies Act as stated in 9 s. 218.501. 10 11. ~uy local governmental entity or district school 11 board financial audit report required under .subparagraph 5. or 12 charter school financial audit report required under 13 subparagraph' 2. and the officer's written statement of 14 explanation or rebuttal concerning the aUditor's'comments, 15 including corrective action ~o be taken, must be submitted to 16 the Auditor General Within 45 days after delivery of the audit 17 report to the local governmental entity, district school 18 board, or charter school, but no later than 12 months after 19 the end of the fiscal year. If the Auditor General does not 20 receive the financial audit report within the prescribed 21 period, he or she must notify the 'Legislative Auditing 22 Co~r~ittee that the'governmental entity .or charter school has not complied with this subparagraph. Following notification of 24 failure to submit the required audit report or items required 25 by rule adopted by the Auditor General, a hearing must be 26 scheduled by rule of the committee. After the hearing, the 27 committee shall deter~ine which governmental entities or 28 charter schools will be subjected to further state action. If 29 it finds that'one or more 'governmental entities or charter 30 schools should be subjected to further state action, the 31 committee shall: 27 CODING:words ~tri=ken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 in a state of financial emergency as provided in s. 218.503. 2 If the Auditor General, in reviewing any audit report, 3 identifies additional information which indicates that the 4 local goverrnnental entity or district school board may be in a 5 state of financial emergency as provided in s. 218.503, the 6 Auditor General shall request appropriate clarification from 7 the local governmental entity or district school board. The 8 requested clarification must be provided within 45 days after 9 the date of the request. If the Auditor General does not 10 receive the requested clarification, he or she shall notify 11 the Joint Legislative Auditing Cormmittee. If, after obtaining 12 the requested clarification, the Auditor General determines 13 that the local goverrauental entity or district school board is 14 in a state of financial emergency as provided in S. 218.503, 15 he or she shall notify the GOvernor and the Joint Legislative 16 Auditing Committee. · 17 c. The Auditor General shall annually compile and 18 transmit to the President of-the Senate, the Speaker of the 19 House of Representatives, and the .Joint Legislative Auditing 20 Committee a summary of significant findings and financial. 21 trends identified in audits, of local governmental entities, 22 district school boards, and charter schools perforraed by the 23 independent certified public accountants. 24 13. In conducting a performance audit of any agency, 25 the Auditor General shall use the Agency Strategic Plan of the 26 agency in evaluating the performance of the agency. · 27 Section 5. Paragraph (e) of subsection (1) of section 28 218.32, Florida Statu~es, is a~ended to read: 29 218.32 D-nnual financial reports; local governmental 30 entities.-- 31 (1) 29 CSBING:words ztz~ken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 3. In the case of a special district that is a 2 component unit and that did not provide the financial 3 information required by paragraph (b) to the applicable 4 reporting entity, notify the Department of Community Affairs 5 that the special district has failed to provide the required 6 financial info,nation. Upon notification, the Department of 7 Conununity Affairs shall proceed pursuant to ss. 189.421 and 8 189.422. 9 Section 6. Paragraph (a) of subsection (3) of section 10 218.38, Florida Statutes, is amended to read: 11 218.38 'Notice of bond issues required; verification.-- 12 (3) If a unit of local goverIunent fails to verify 13 pursuant to subsection .(2) the. information held by the 14 division, or fails to provide the information required by 15 subsection (1), the division shall notify the Legislative 16 Auditing Conu~ittee of'such failure to comply. Following.. 17 receipt of such notification of failure to comply with these 18 provisions, a hearing shall be scheduled by the cormnitte~ for ' 19 the purpose of receiving testimony addressing the failure of 20 units of local goverranent to'complY with the requirements of 21 this section. After the hearing, the committee shall 22' determine which units of local' goverr~nent will be Subjected to 23 further state action. If it finds that one or more units'of 24 local government should be subjected to further state action, 25 the committed'shall: 26 (a) In the case of a unit of local goverrn~ent, request 27 the Department of Revenue and the DeparTment of Banking' and 28 Finance ~o withhold any funds not pledged for bond debt 29 service satisfaction which are payable to such goverranental 30 entity. The Department of Revenue and the Department of 31 Bankinq and Finance are authorized to implement the provisions 31 C0BING:Words stricken are deletions; words underlined are additions. I I I I I ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 investing such funds shall be liable for the loss of any 2 interest when circumstances require the withdrawal of funds 3 placed in a time deposit and needed for i~n~_ediate payment of 4 county obligations. In any count-f wher~ Local bank~ ~efuse to 6 the ~erk may ueques~ and ~=eive bids~ f~Tm bank~ in othe~ 7 cOuntie~ ~ithin the state and make such aero, its to ~he 8 suc~eszfu~ kridde~.Except for interest earned on moneys 9 deposited in the registry of the court, all interest accruing 10 from moneys deposited shall be deemed income of the office of 11 the clerk of the circuit court investing such moneys and shall 12 be deposited in the same account as are other fees and 13 commissions of the clerk's office. The clerk may invest 14 moneys deposited in the registry of the court and shall retain 15 as income of the office of the clerk and as a reasonable 16 inves~ent management fee 10 percent of the interest accruing 17' on. those funds with the balance of such interest being 18 allocated in a~ordance with the interest of the depositors. 19 E~ch ~ter~ sha~, as soon as p~a=ticable af~-~ the en~ of the 20 fiscal year, report ~o the ~ou~ty ~=ve~ning authoLi~y the 21 total ~nterest e~nea ~n al! inves~men~s.du~i~g the pLeceding 23 Section 8. Subsection (9) of section 159.416, Florida 24 Statutes, is amended to read: 25 159.416 Pool financings.-- 26 (9) Proceeds of bonds and moneys held for the payment 27 of debt service on bonds, including, but not limited to, 28 amounts held in the loan fund, any reserve fund, or debt 29 service fund for the bonds, may be invested in investments 30 authorized by or pursuant ~o an ordinance or resolution 31 providing for the issuance of the bonds.or any trust agreement ~I~:Words ~tLicken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372,' 1st Engrossed 1 banb= c~rganized undez~e laws of the United States a~ doing 2 ~sines$ and situated in this skate, in savings and loan 3 as~aiatio%~= which ate un~z state supervision, oz i~ federal 4 ~aving~ ~nd t~an a=so~iati=n~ iocated ~n th~ otat-e~nd 5 o~gaz~iz~d undez federal !aw and feder~t ~upe~vi~on, provide~ 7 ~zezczibed by law, or 8 4. Scarifies ~, oz o=h=z ~t~iests i~, amy ~en end 10 %~Ust zegisL=~e~ under ~he inves~ent C~pany A~ of 19~, ~0 11 U.S.C. ss. O0a I eL seq', as '~%ended Erom time to time, 12 pL~vi~ed ~he portfolio of such inveStme~t company o~ 13 in~s~ent ~zust is limi~=~ ~ cb!i~ations of L~e U~iLe~ 15 =o ~puz=ha~e agreemen%~ Sully col~mtezalize~by, such Unite~ 17 =~any ~z i~estman= =zu=t ~kes ~eli~y of such =oliatelal 18 eith=~ direct~ ~r thzough an authorized custodian. 19 (b) These investments shall be planned so as not to 20 slow the no~al distribution of the s~jec'~ funds. The 21 investment earnings shall be reasonably apportioned and '22 allocated and shall.be credited to the accost of, and paid 23 to, the office or distributee, together with the principal on 24 which such earnings accrued. 25 (2) Except when another procedure is prescribed by 26 law, ordinance, or court order as to particular funds, the =ax 27 collector shall, as soon as feasible after collection, deposit 28 in a bank designated as a depository of p~lic funds, as 29 provided in s. 658.60, all taxes, fees, and other collections 30 received by him or her and held prior to distribution to the 31 appropriate taxing authority. I~ediately after such funds 35 COBINg:Words stzicken are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, ls~ Engrossed 1 gualantee8 by, the United Stat~ Goveimment at the 3 3. Interest bea~ir~ime deposits oz ~avin~ accounts 4 in qualified p%fo{i-c deposi~ozies as defi~ in s. 5 ~. Obliga~i~ of the federal fazm a~edit bank~, ~he 6 ~ed~zat Ii~e Loa~ Mortgage Corporation, inctudin~ ~de~al 7 Loan Mo~gage Co~po~ation pa~ti~ipati~ certificates, ur the 9 uuaranteed by the Gover~ent Nati~at~It~a~e 10 5. Obligations of the ~de~al National 11 ~s~ociati~, including .~dera! National Moi%gage A~ociation 15 C. ~e=ulitiez of, ~z othez in=ezest~ in, any 17 trust ~gi~:e~d under the In~ent Company Act of 1940, 18 U.$.C. ~z. 90a i et seq., a~ ~%e~ed~5~m ti~ tD ~ime, 19 p:ovided the por:~!io c~ such inv~z=A%en= =~any or 20 inves~t tzust ~s !i~%~ %o obligations ~ the Un,ted 21 Stat~ Gove~ent o~ any a~en=y oz ins=z~%entality thezeof 22 eo zepur~ha~ag=eements fully c=llm~ezal~zed ~ ~uch United 23 St=res GoveL~t obliga~on~, and pIovided &u=h inves~ent 24 =~pany or inve~,e~t t~ust takes de!{~ry of ~u=h collate~al 25 eithe~ directly o~ ~r~gh an autholized cuztodi=n. 26 ~b}t. Secuzi%iez ~z=hazed by any such school boazd 27 u~er the au~ity of this law ~hail be ~elive1~ by the 28 ~l!ei to t~ ~chocl b~ar~ ~r it~ a~inted aafekeeper. ~he 29 safekeepe= shall ~ a ~uaiifiad ~nk or trust c~pany 30 =hal~ez~d to ~pazate a~ such ~ the ~a~ ~f Flozi~a, any 37 C$BIN~:Words ~:~en are deletions; words underlined are additions. ENROLLED 2000 Legislature CS for SB 372, 1st Engrossed 1 (e) A~?'surptus puL!i= fun~z su~j~ to a c~tra=t cT 2 agze~ent o~ the date of this ena~-tme~t ~hall not be invest~ 3 c~n%~ary to such contract or ag~e~men=. 6 s~hool 7 {D) Inves~e~ ma~= ~=suant to this se~ion may be 8 in boo~ en~ly fo&a~ a~ ma~ be u~=~ r~purahase =g~eemen~. 9 ~4) ~he p~isi~s of ~is section are s~jest %~ the 10 p~is~ons ~f s. 210.41S. 11 Section 11. ParagraPh (a) of subsection (2) of section 12 236.49, Florida Statutes, is ~ended to read: 13 236.49 Proceeds; how expended.--The proceeds derived 14 from the sa2e of said bonds shall be held by the school board 15 and shall be expended by the board for' the purpose for which 16 said bonds were'authoriZed for 'said school district, and shall 17 be held and expended in the manner following: 18 (2) All or.any part of the fund derived from the 19 proceeds 0f any such bond issue that in the jud~en~ of the 20 school board is not i~ediately needed may be placed in the 21 following securities maturing not later than the time when the 22 funds are reasonably'expected ~o be needed:' 23 (a) In investments listed in s. 218,415(16)authDiized 24 in s. 206.~) (~) f~r =h~ d~stzi~t school fun~. 25 Section 12. Paragraph (b)of s~section (6) of section 26 237.211, Florida Statutes, is amended to read: 27 237.211 School depositories; pa~ents into and 28 withdrawals from depositories.-- 29 (6) EXEMPTION FOR SELF-INSU~CE PROG~S ~D 30 THIRD-P~TY ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROG~S.-- 31 39 CODING:Words st~i=k~n are deletions; words underlined are additions. ENROLLED I 2000 Legislature ~ CS for SB 372, 1st Engrossed 1 Section 14. This act shall take effect October 1, i 2 2'000. 3 4 i 7' ~0 ' 2o 22 2~ '25 2~ 2~ CODING:wor~s ~t~i~ken are deletions; words underlined are additions. City of Sebastian, Florida Sub, ect:' ~nventory P~cha~e at Golf Course Agenda No. ~].. 2~ ~om C~ Go~nt~, hc. For Agmda of: Octob~ 11, 2000 ~bitS~opy of Cons~tant Con~act ~ Pa~ick Cerj~ dated May 19, 1999 ~cle 5, p~a~aph C. E~E~~ ~0~ B~GBTED: ~PROP~TION ~Q~D: $33,404.53 · N/A ~Q~D: N/A S~Y ~ May 2000, Paffick Ce~ ~o~ced ~at he wo~d be t~g a position ~ Sno~s, ColorMo ~ conWact t~i~afion of S~tember 30, 2000. P~su~t to ~cle 5, p~agaph C. of~e G°lf Come Consultmt a~eem~t ~ C~ Go~ Ente¢fises, ~c. (C~) ~d ~e CiW of Seb~ti~ (a copy ofw~ch is aaached), ~e CiW shM1 p~cMse to $2,000 of CiW-logo goo~ md elect to ~e remmd~ of~e itms up may p~ch~e · e pro shop ~ of S~tember 30, 2000 at C~'s wholesMe prec. St~recommends ~at ~e Golf Co,se pm~e ~e rem~g items ~d ~sociated &splay items ~ whch ~e goods ~e h~g, stocked ~or &splayed ~om. ~e totM mo~t to be p~c~ed is $33,404.53 ofwhch ~v~tofiable stock comprises $31,896.53 ~d ~splay ~ts comphse $1,508. ~e ~vmto~ w~ co,ted ~d c~fied by ~e Dkector of F~mce on S~t~b~ 30, 2000. ~s is not a budgeted item s~ce ~e stock is held ~ ~vento~ ~fil sold ~d subsequ~tly ch~ged to ~e l~e it~ for cost of sMes, whch is budgeted at $89,250. h a retM1 m~roment p~chases ~e not recorded as ~ expense ~til ~e goods ~e sold, ~erefore, ~ere is no budget ~or appropriation req~ed. ' ~e c~h position m ~e golf co,se MI1 Mlow for ~s p~chase. ~COM~ED ACTION Move to au~ofize ~e p~ch~e of ~e rm~g ~v~to~ ~d ~splay mrs at ~e Golf Co,se ~om Ce~ for $33,404.53. the Sta~e of Florida for up to fourteen (14) weeks from late May of each year through the early part of September, but while absent from the State of Florida shall maintain a regular and continuing contact with employees of the golf course and shall be otherwise available for telephonic or facsimile communication with City 'representatives. No less than four (4) weeks prior to beginning said summer sabbatical, Consultant shall provide notice to the City Manager of the dates CEPJAlXT intends to excercise the same. Consultant shall provide an additional employee acceptable to the City's on-site supervisor, at its expense and covered by Consultant's workers' compensation insurance, to assist the on-site supervisor during this time period. During the approximate nine (9) month period that PATRICK ;[. CE1LTAI~T is in the State of Florida, he shall be on site on a regular basis typically for nc.less than forty (40) hours per week. The Comult~t shall comply with all City policies, state and federal laws in discharging his duties under this Agreement. None of the benefits provided by the City to its employees including, but not limited to, compensation, insurance, retirement benefits and unemployment insurance are available to Consultant. The Consultant is responsible for the procurement of its own insurance and complying with all federal and state laws on payroll, disability and F.i.C.A. taxes. 4. Joint Cooperation: Continuing collaboration and cooperation shall be maintained by.the Consultam with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of all activities done by the Consultant 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 Project. 5. Pro-Shop Concession. Subject to the terms and conditions set forth in this Agreement, the City hereby grants to the Consultant an exclusive, nontransferable and,personal 4 concession license ("concession license") to operate a pro-shop on the City's municipal golf course, as more parficul~rty described in Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Concession Facilities"). Consultant agrees to pay the City, in return'for/he license granted herei~ a basic concession fee of $200.00 per month plus sales tax, payable on a monthly basis as long as this A~reemem rem~in~ in e~ffect. The Consultant is granted the concession license as long as the Consultant is engaged by the City under this Agreement. If either pa~ terminates this Agreement reader the provisions of paragraph 5(d) or paragraph 7 hereofi the concession license shall terminate on the day the Consultant's engagement terminates. A. Operation: The Consultant may use the Concession Facilities to rep~, store, rent md sell golf equipment, golf clothing and app~el. City personnel ~u the pro-shop may collect green fees, cart rental fees and my other charges or revenues generated at the golf course and pro-shop. The Consultant agrees that all trat~actions at the golf course or pro-shop shall be paid through the City cashier. B. Duties of the Parties: The Consultant shall nminta~ an equipment in the Golf ?ro Shop used for the repak, storage, rental and sale of golf equipmem~ golf clothing and apparel. The Consultant shall provide all merchandise for sale in the pro-shop and all range balls for the driving range. The Consultant shall Comply with all the requirements of all public authorities and the terms of all state, federal and local laws, ordinances and regulations. The Consult~ut shall obtain all necessary licenses from all units of government. Consultant shall pay all taxes arising from the operation of the Concession Facilities. Consultant shall maintain all books and reports which the City shall reasonably require. The City shall have the right to have personnel and equipment located in the Concession F~cilities. The City reserves the right to use the Concession Pac~lities as long as such use does not interfere with the Consultant's use of the facilities. The City shall pay for the electricity, water, sewer and garbage collection, if necessary, from the Concession Facilities. The City shall maintaiu the air conditioning, computer system and equipment and ~fixtares attached to the realty. 'The City reserves~ and shall at all times have, the right to enter the Concession Facilities to inspect the same. The City reserves the fight, from time to time, at the City's own expense, to make renovations, repairs or changes, about and to the Concession Facilities. C. Rieht to Purchase InventoDr: On the termination of this Agreement the City shall purchase fi.om the Consultant all City-logo .goods at the wholesale invoices price, provided such purchases shall not exceed $2,000.00 in total amount. Any item owned by the Consultant which the City elects to retain in the Pro-shop Inventory after termination of this Agreement shall be purchased by the City at the Consultant's wholesale cost and payment shall be made to Consultant within thirty (30) days from the date of the termination of this Agreement. On the termination of this 'Agreement any hems held in inventory for pro-shop sale which are purchased by the City from the Consultant shall be valued by verification of the Consultant's purchase receipts for such items. Consultant shall escrow with City an amount equal to the value of any unredeemed pro shop merchandise gifl'certificates outstanding at the thne of termination, shall be reimbursed to City by Consultant. As certificates are redeemed, the City shall be entitled to withdrawn a corresponding amount from escrow. At such time as all outstanding certificates expire, the balance of the ~scrow shall be remitted to Consultant. ~ 6 SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-187'2 (^drain,) SUBJECT: Replacement Patrol Vehicles Agenda No. : F& 2-7 Department Origin : Police Date Submitted : 1012/2000 For Agenda of : 1011112000 Exhibits: Copy of Pumhase Requisition and FSA/FAC Statewide Bid # 00-08-0905, Spec # 1, for patrol vehicles Expenditure Required: Amount Budgeted: Appropriation Required: I $163,108. $189,049. -0- SUMMARY STATEMENT The seven (7) vehicles to be purchased are replacements for seven (7) existing marked patrol cars, which are scheduled for replacement this year. Funds for these replacement vehicles were appropriated in the FY 2000/2001 police budget. Price quotes are from the Florida Shedffs' Association / Florida Association of Counties statewide bid for year 2001 new vehicles; copies of bid quotes attached. The seven (7)' new model year 2001 Ford Crown Victoria Pursuit patrol cars will be equipped as specified in FSA/FAC Bid Specification # 1. In addition to the equipment included in the basic vehicle spec, these vehicles will also have the factory and/or dealer installed options as listed on the attached Purchase. Requisition. Total for these vehicles, as specified and equipped is $23,269, each. One unit is being ordered with a Class II trailer hitch @ $225. Total expenditure for all seven (7) vehicles, as equipped is: $163,108. NOTE: Extended 5yr.75,000 mile base factory warranties @ $2,895, each are to be purchased for these vehicles later in this budget year. RECOMMENDED ACTION Authorize the City Manager to purchase 7 - Ford Crown Victoria Pursuit Patrol Cars, as specified and equipped in the attached documentation, pursuant to FSA/FAC Bid # 00-08-0905, terms and conditions, at a total cost of $163,108. EMERGENCY PURCHASE DATE REQUIRED: DATE SUBMn-FED: I CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 PURCHASE REQUISITION 1. Department ~OLIOE 2. Individual Requesting CM~f l~. ~. [Oid,2c ,,~ 4. Final Approval 5. Disapproved (return to requestor) ROUTING , 6. Work/Job # ,7. Project ID # 8. Account # 130051-606400 9. Purchase Order # 10, Stock Item 11. Immediate Use For Finance OffJ~,~e Only Funds Available ~:~ Funds Not-Available Budgeted Not B~dgeted. i !I I NAME ADDRESS CITY Jo.o~ onu;,2,~ 0o~[o2: No2~on Eo~on (904) 388-2144 SUGGESTED VENDOR STATE FL ZIP 32238 2 3 4 5 7 8 9 70 77 72 13 2001 For~ Cto~ [/io~m ~., Po~ F'SA]FAC Bid ~ 0~08-0905, S~ ~I 7 19,824.00 158,768.00 65.00 455.00 171.00 1,797.00 170.00 !,190.00 20.00 140.00 20.00 140.00 1,520.00 9,240.00 364.00 2,548.00 78.00 54b.00 527.00 $,b89.00 bSO.O0 4,550.00 bO.O0 420.00 225.00 225.00 23,269.00 2~,494.00 Ib3,708.00 PURCHA:SiNS~,C~ I I i i Ii i I i I I i I I I I ASSOClATIO~ ~ ¢OUArl1~S FLORIZIA ~~ ASSOCIATION & FLOR~A ASSOCIATION OF COUNTIES 2001 Bpeciflcaflon .#01 ~ FliTCh: $1G,fll9,00 $3.g,Tf~t.00 ]JXO,fi04,00 $19,81S0,00 · c Fkn~ ~he~s Assac~n and the Em'~ Ass~ctaU~n of Cou~es have at~p~ to and incluclc those equii~uarn lten~s moat ~cen requested b~ ~ qenctes for full. Sirnpty deduct the co~: of ~ of ~e f~ egv:tpmen: ~ ~u ~ deW, mi ~ th~ bm~mm untt ~ost and/or add the c~mt of any ecimPn~e~ ~te=2s you w~ added ~o ~he baoe umt cc~ U~ detern~ue me appro:ema~ coe~ 'of thc ~rpc ydUc3e(m) ~ou wish m order. I I D~27 DI~D 185 RDL 45C 157 9~ 525 GOB DRIt 28 D~ml Ford Dural Ford $19.8~9,00 $19,781,00 Duv~ Ford W Duv~ Ford W Power doar~ Rubber heavy'.dugr ~v a 30,00 ii 0.0.00 $ 20,008 20.00 4.~,.00 ~ 434.00 .S '434,00 $ 434.00 70.~ $ 70.00 $ ?0,00$ mmr vJ,=~l. ~ ~ tg 65.00 /I 6~00 $ 65,00 $ 360.00 $ 860.00 $ 3~/),00 8 .Agassm2r~ feed w~re~ for Std, .SuL ~/, St/. halogen bulb, dealer door ~ & handlea IS ~~~~p. 8 ~,~ ~T ~ d~ ~d 20~00 $ 20.00 $ 2G.O0 $ 20,00 $ 20,0~ S 20.0o $ 196,00 8 196.00 $ 315.oo '$ 215.00 $ 215.00 $ 78.00 $ 78,00 $ 78.00 $ 23o.oo $ 230.0o $ ~3o.0o Western '~' Northern ou~ ~: Orown Vie CroWn Vi~ Crown 'v~ Crown ~ Dura.! ~ Duvsl l~ord Din, si Ford Duv~ ~ ~ is~.9.819.00 $19.781,00 $19,8~,.00 $19.853.00 W1~12 C3L ~/ $10 F4C $ 1,718,00 $ 1,718.00 !is 1,718.00 $ 1,718.00 $ 1,5~,00 $ 1,51~.00 $ 1,5~2,00 is 1,5~.00 8 285,00 $ 517.00 $ ~27,00 $ 6~?,00 8 ~2,oo $ ~,oo $ ~2.oo ( B 364.~:) 8 364.00 is 364,.00 $ ~,00 8 364,00 $ 3l~.00 1185.00 $ 285.00 $ 2,85,00 ~.695.00 $ 2,S95,00 $ ~-,895,00 $ 3,865.00 is ~,88.~,00 $ 3,885,00 is 3,885,00 $ 1,995,00 iS 1,995.00 * 1,995.00 $ 1,995,00 ~ Aural Anno~t (00.08.090B) i ot'Cmmfies ~F-dmht~J~ Contrtct. '~ f'ol~owin~ covers the [tc'm~ ,vt ctisc~s~: /~/~/ /?/ I i I EMERGENCY PURCHASE DATE REQUIRED: ' 10- DATE SUBMITTED: 1 0 CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 PURCHASE REQUISITION ' ROUTING 1. Department Public Works-R&D 6, Work/Job# 4. Final Approval. ./ ' 9. Purchase Order # 5, Disapproved 10. Stock Item (return to requestor) 11. Immediate Use Funds Available Funds Not-Available Budgeted Not Budgeted 606400 ................ SUGGESTEDVENDOR ' NAME Transtar EQuipment Inc.. ADDRESS P.O.Box'593865 5,10 W Thorpe Road CITY Orlando STATE F1 Zip 32'859-3865 '.Readin~ Service Body Model U98AB'SW 'Treadpaint bumper with access and paint to match cab For Uni.ts 5. and 29 in Roads and Drainage Division .; ~,": .. "' .. , , '",.. ~.., .,-~.' ..'. ~.; ;'~... ,. ', ,, '. ..:..'.,. '". ~. ~ ,~:.,.~?:<~;~%/" .. :.: .. · .::~,,,-.. :: ... ?'.'":....~.,..... .. -.. ..... .'.~. ..,.. ? ~ 't "'"~;:' ~ 7":" .... '" "' ~ 2 $3098.00 $6,196. WHITE- Purchasing Copy CANARY - Finance 'Copy PINK - Requisitioner Copy GOLDENROD - Approved Copy I I P,O. t~ox 593865 I QUOTATION i (1) ~DXNG SERVICE BODY MODEL U98~-~W * T~P~TE B~PER WI~ i * PAI~ TO ~T~ ~ EQUIPMENT INC. 510 W. Thorpe Read - Orian¢lo, Floricls 32859-3865 Phone: (407) 857-2040 FL Watts: 800-3~1-2377 Fax: (407) 855-7127 www.T. BANSTATEQ,CO~ Date 2000_ i $3,09~~._ '" ~LL PRICES SUBJECT TO ANY FEDER.A.L OR STATE T~.XES THAT MAY B~' APPLiCASLE SUBJECT TO REVISION IN 30~S This quoatlon becomes afl order if sign~ here: ~AME,.. - _ ............ _ ' tl~uotations made, and or~r~ ~ccepted are subje~ to dela~ caused by M p~uffi im~ma~ ~1~ ~ dM~e es, acci~nm, strikes, or o~er causes ~yond our co.roi. ~ ~ m~n ~ ~ ~ TERMS: CaSh on Deli~--Unleas Othe~lse Armng~ Prior tg ~11~ ~~~~~ BENNETT TRUCK EQUIPMENT INCORPORATED OUOTATIO. N i0: City of Sebastion DALE: September 25, 2000 ATT: Gay Reference 2 Service Bodies: Fu mish and install 8' Knapheide Service Body 3d~,del 696J1 Fl~tsh stop, tail and. backup lights Tr,,~adplale step bumper at. rear 2-gsl filter kit Ut.,dercoat Painted to match cab Jr~,.mll on your 1997 Ford F250 ~V~ th 56" C.~i. and single rear wheel I'our net l~i¢~ $3,284. O0 each AH quotations are'subject to acceptance within 30 days and deliveries are subject to strikes, Acts of G~,cl. and National emergencies. Prices are F.O.B, Bennett 1) ~ck Equipment 3652 Old Winter Garden Orlando, ~7l 32805 Shipment can be made in , Hoyt Bargston Equipmen Sales $652 OLD WINTER GARDEN RD, RO. BOX ORLANDO, FL 32858.-5339 OFFICE: ~407I PARTS: (407) 2~-1570 FAX: (,407) 298-1572 I '.,. , ':, , : !.' ,. ri" ,' ,~' ~ :" ~,",...,,, · , · .-: ',~, ', I',';' ":~.:".~ ~.~ .', ~l.'r,,'~' , ~,' , . ~: ~''?'~'~~ "...: ' ".! , , ',', ',-?,' ,~.: ,' ', '' ',', .... 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"" ' " ~'" City of Sebasttax~ Florida Subject: Agreements/Treasure Coast Agenda No. Regional Planning Council/Professional Urban Design, Town Planning & Conceptual Design Services Phase I and Phase II Department Origin: City Manager Finan~~.~nt Purchasing & Contract Administration: Date Submitted: 10-04-00 ForAgenda of: 10-11-00 Exhibits: Conceptual Design Services, Phase I and Phase Ii Agreements EXPENDITURE I~QUIRED: CR $1~- - $15,000 US #1 $ 7,$00 Indian River Drive - $ 7,300 Treasure Coast Regional Planning Council/Professional Urban Design, Town Planning & APPROPRI_~TION REQUIRED: AMOUNT BUDGETED: CR $12 & US #1 - $ 88,000 Indian River Drive - $12,000 SUMMARY The Treasure Coast Regional Planning Council has submitted Agreements for Phase I (CountyRoad 512 Charrette) and Phase II (Indian River Drive and US #1 Corridor Charrette) to provide professional urban design and town planning services. The Agreements will allow the Treasure Coast Regional Planning Council to assist the City in defining the study areas and create a conceptual master plan for the urban design. The proposed schedule is to begin Phase I on November 3, 2000 and Phase H on March 16, 2001. The fee and cost estimate to perform these professional services is $15,000 for Phase I and $15,000 for Phase H, not including travel, parking, food and lodging for all designers. RECOMMENDED ACTION Move to authorize the City Manager to execute the Phase I (County Road 512 Charrette) and Phase II (Indian River Drive and US #1 Corridor Charrette) Agreements between the City of Sebastian and the Treasure Coast Regional Planning Council to provide professional urban design and town planning services in the amount of $15,000 for Phase I and $15,000 for Phase II. , cvure September 3~., Mr. Terence R. Moore Ci~- Manager City of Sebastian 1225 Main Street Sebastian, FL 3295g RE: Agreement to Provide Professional Urban Design, Town Planning & Conceptual Design Scm, ices - Phase I: County Road 51:l Dear Mr. Moore: Thank you for choosing Treasure Coast .Regional Planning Council (TCRPC) to provide the Cin- of Sebastian with professional urban design and town plauning services. We are submitting this proposed agreement setting forth a Scope of services together with a proposed fee and the estimated costs to perform such services. If vou have an3- questions or wish to further refine our suggested scope of services, please contact us at your earliest convenience. However, . if the agreement meets with the .City's approval, we ask that you sign your name in the space provided and return a signed copy to our office. Upon receiving the signed agreement, we will schedule this project to begin on November 3, I. SCOPE AND SCHEDULE A. TCRPC will assist the City with defining study area. TCRPC will create a conceptual Master Plan for the urban design during a seven day Charrette starting Friday afternoon. November 3.2:~. TCM~C will perform the professional services described in this agreement bx' working at facilities in or near the study area and at our offices in Stuart. We have created a budget based on performing certain tasks and suggested a work schedule for completing these tasks as follows: We~l-3 Receive from the City a fully detailed base map (before October 13, 2000) and relevant plans and reports; attend one initial client meeting to discuss the Charrette; commence preliminary logistical planning; request from client additional ske information, as needed. Week 3 Meet with City representatives, neighborhood association representatives, business owners, elected officials and representatives of institutions that will be involved/affected in the study area. Review supplemental project information; finalize Charrette logistics. Week 3 (Fri) Arrive with a 6 to 8 person design team to conduct a site visit, meet with City and discuss concerns. Make kick-off Charrette presentation and an · open microphone session (2 hours total) to City and citizens. (Sat) Make a short opening Charrette presentation to City and citizens; conduct a design workshop in an appropriate format to reveal design issues and generate design ideas ( the ratio of consultants to workshop participants at table sessions shall be no greater than 1:10, with one roaming presenter and the City providing assistance upon request). (Sun-Thu) Create, refine and illustrate a conceptual plan for each project Within the study area, with one or more explanatory sketches and diagrams, as appropriate. (Thu) Short presentation of work in progress, complete Charrette activities, pack and return home. Post Charrette TBD Make one final presentation to citizens and City representatives. TBD Make one final presentation to commission (elected officials). TBD Prepare final report, submit one set of original posters and proof to City for publication. * At all presentations, the City shall provide an appropriate auditorium with the required audio and visual (8'x 8' screen) equipment. ii. FINAL WORK PRODUCTS A. Deliverables. TCRPC shall provide the City with the following deliverables as final work products: III. 1. Conceptual Master Plan (1) for the study area, rendered in color at an appropriate scale and suitable for publication. 2. Perspective sketches or diagrams (as many as needed) illustrating significant plan features or explaining design ideas consistent with the respective plan. Each sketch or diagram will be rendered in color or black and white at an appropriate size and suitable for publication. 3. Street Sections, (as many as needed) illustrating in diagrammatic form the relationships amongst the various elements within and adjacent to the right o{ way. Each section shall be rendered in color or black and white at an appropriate size and suitable for publication. 4. Proiect Report (booklet) containing items 1 through 3, with descriptive text and a project summary. It will also suggest conceptual design ideas consistent with traditional urban form. The report shall be in Color and suitable for publication and reproduction. TCRPC encourages the City to have the report professionally printed in a high quality format for distribution to the general public. B. Format of Deliverables. TCRPC shall provide the City with final work products in the following format: 1. TCRPC shall print written documents (1 copy only) on paper, as appropriate, and shall also provide digital copy of such documents in an appropriate format. 2. TCRPC shall proVide graphic documents, including drawings, diagrams, maps, perspective renderings, or other comparable materials (1 copy only) on paper, as appropriate, and in a digital format suitable for reproduction. 3. TCRPC shall provide the City with a digital copy of the final Power Point presentation. 4, The City may request additional copies of deliverables upon payment to TCRPC of the actual reproduction cost. FEES AND REIMBURSABLE EXPENSES A. Fees Professional services described in this proposal will be performed for a fixed fee in the mount of $15,000.00. This includes out of pocket expenses (printing and reproduction costs) film processing, mail, couriers, and other costs related to the professional services we are providing. However, it does not include travel, parking, food and lodging for all the designers, nor refreshments and lunch provided to the general public on the Friday and Saturday events. B. The City shall pay fees to TCRPC according to the following schedule: $ 3,000 Twenty percent (20%) of the professional fees two weeks prior to the Charrette. $ 7,500 Fifty percent (50%) due at the conclusion of the 7 day Charrette $ 4,500 Thirty percent (30%), the remaining balance upon delivery of the final presentation/booklet. Expenses will be reimbursed upon receipt of invoice. All receipts will be included with invoice. IV. BASE INFORMATION - CITY TO PROVIDE (see attachment) APPROVED AND ACCEPTED on this ... day of .........,2000 By: By: Michael J. Busha, Executive Director Terrence ]K. Moore City Manager ,st. ~ucle ' . c 19na p,ann,.n.o council CITY OF SF.]3ASTIAN SCOPE OF PFORK County Road 512 Cbarrette _~LA_STERPLAN: (AutoCad and/or hand drawn) This drawing is for the project area. The specific plan will include, to scale: blocks, conceptual community buildings, com- munity spaces (greens, squares, parks), network of streets, parking, etc. The drawing ~'ill include the complete project area and frontage for adjacent properties. The Mas- ter Plan will be presented in a way that is suitable for marketing purposes (brochures, n;:ers, etc). SITE DETAIL PLAN/S: These will illustrate the specific and detailed design of a spe- cial areas such as the Entrances to the City, Spedal Intersections, Parks and Plazas, etc. The Cit?.;, with the Urban Designers will choose the sites for these drawings. TYPICAL STREET SECTIONS/PLANS: These will illustrate the specific design of the project's t.x-pical street details (as many as necessary) THREE DIMENSION ILLUSTRATIVE DRAWINGS: - Perspectives - Axonometric Projections - Street Elevations BUILDING PLACEMENT STANDAR.DS: The team of designers will provide the Cin- with envelope and element regulations to ensure that buildings behave construc- tiveh.' towards the street and towards the neighbors · COM~UTER GENEtL6.TED IIVlAGES: Before & After computer generated images of the corridor and/or areas of special interest. · OTHER (tbd) I I I i I I I I I I I I I I I I I REPORT: An 11' x 17' color report (booklet) with a compilation of the Charrette process and drawings as well as implementation and phasing strategies. It win also in- clude u-a~c engineering considerations and housing analysis. City Manager Cin- of Sebastian Seba~i~ FI..~2958 Agreement to Provide Profession~ Urbm Design, Town PIiNg ~ Concepm~ Desi~ S~ices - Ph~e II: US 1 & ~m ~ver Drive Co~don Dca.~ M~. Moor~: Th~k > ou for choosing Treasure Co~t Region~ Planing Co~l ~C~C) to provi~ the City of Seb~tian with profession~ ~b~ deh~ md town plmg se~i~s. We m submining this proposed agreement set~g fo~ a scope of semices together wi~ a proposed fee and the estimated costs to pedorm ~ch se~ices. If you have an, questions or wish to ~er refNe our su~ested scope of semites, plebe conta~ us at your ear, est convenience. However, if the agreement mee~ wi~ ~e Ci~'s approx'~, we ~k that you si~ your nme N ~e space prodded ~d remm a si~ed copy to our office. Upon receiving the signed ~reement, we w~ schedule ~s proje~ to be~ on March 16, 20~1 I. SCO E AND SCHED~E A. ~'G~C ~'ill assist the Ci~ with defining s~y ~ea. TC~C wi~ create a ~ :~ conceptual Master Plan ~or~ the urb~ ~sign durNg a seven day Ch~re=e st~Ng Friday ~ '~':~: afternoon, Novemner 3, 2a~. TC~C wi~' perform the profession~ se~ices des~ibed N ~ ~'}~' this agreement by working at facilities in or ne= ~e study ~ea ~d = our offices in ~ ...':~:~'~Stuart. ~"e have created a budget b~ed on peffor~ng ce~n t~ ~d suggested a work Ii ':'~:~:. schedule for completing ~ese tasks as ~onows: . ~ ',~'~ I ' ".3~ ~ . '.':" ........... l~'~im=. ~.o:'og, 3.~ ~~2 ~- ~. '~-' ..... ~,. ,} ......... S~. ~ude, planning coundl CITY OF SEBASTLAN SCOPE OF WORK Indian River Drive & US 1 Corridor Charrette NL~_STERPLAN: (AutoCad and/or hand drawn) This drawing is for the project area. The specific plan will include, to scale: blocks, conceptual community buildings, eom- muniD' spaces (greens, squares, parks), network of streets, parking, etc. The drawing will include the complete project area and frontage for adjacent properties. The Mas- ter Plan will be presented in a way that is suitable for marketing purposes (brochures, flyers, etc). SITE DETAIL PLAN/S: These will illustrate the specific and detailed design of a spe- cial areas such as the Entrances to the City, Spedal Intersections, Parks and Plazas, etc. The City, with the Urban Designers will choose the sites for these drawings. TYPICAL STREET SECT/ONS/PLANS: These will illustrate the specific, design of tl~e project's typical street details (as many as necessary) THREE DIMENSION ILLUSTRATIVE DRAWINGS: - Perspectives - Axonometric Projections - Street Elevations BUILDING PLACEMENT STANDARDS: The team of designers will provide the City with envelope and element regulations to ensure that buildings behave construc- tively towards the street and towards the neighbors COMPUTER GENERATED IMAGES: Before &: After computer generated images o{ the corridor and/or areas of special interest. OTHER (tbd) REPORT: An 11' x 17' color report (booklet) with a compilation of the Charrette process and drawings as well as implementation and phasing strategies. It will also in- clude traffic engineering considerations and housing analysis. I I I I i i I I i I I i I I I I i i City of.Sebastian, Florida OFF[CE OF THE AGENDA TRANSMITTAL Agenda No. Subject: Renegofiated Airport leases; Velocity & Golden Horn Date Submitted: 10/5/00 For Agenda of: 10/11/00 EXPENDITURE KEQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION KEQUIRED: $0 S~Y: Airport tenant Velocity has bought the interests of Golden Horn Aviation in its airport operations. Feeling that it would benefit both parties to get the two leases running concurrently, and in light of the City Charter amendment extending the possible terms for airport leases, the City Manager and Attorney renegotiated the old leases to encompass concurrent thirty year terms and raising the base rent amount approximately 133%. RECO~NDED ACTION: Authorize City Manager to execute the two renegotiated airport leases with A & B Leasing Em., Inc. ,,x\ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER.'~Xk,~'~,l~ LEASE THIS LEASE, made and emered into this ~ day of October, 2000, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereina~er referred to as the "Landlord"), and A & B Leasing Ent, Inc. d/b/a Velocity, Inc.,. (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein asthe "parties". WlTNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant deskes to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and suf~ciency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Lease Agreement. This Agreement supersedes and replaces that certain Airport Lease between these parties dated October 1999. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). In the event that any portion of the Leased Premises is needed for actual improvements to the Airport, any portion thereof rendered unusable to 'Tenant shall be released from this lease and the rental payments adjusted accordingly. 3. TERM OF LEASE. The term of this Lease shall be for a period of thirty (30) years commencing October 1, 2000, and will end on the September 30, 2030. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises the yearly rent shall be four cents per square foot. The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In September of 2005, the Landlord will compare the most recent price index with the base price index for October 2000, and the yearly rent amount shall be increased based upon changes in the price index, if appropriate, on October 1, 2005. Another such adjustment shall be undertaken every year thereafter for the remaining term of the lease. In no event, however, shall the rent decrease below the sum of four cents per square foot. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the mount of such late Rental Payment. This charge shall be considered additional rent and not interest. (c) Default in rent. If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in Sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rem installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the opti°n herein granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. (d) Default in provisions. If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) daYs after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before, lithe Tenant shall fail to cure and remedy' such default within said time, the'Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing from the date of commencement of this Lease, as described in Section 3 (above) and on a like day of every third month thereafter during the term of this Lease. 5. DISPENSING FUEL. In the event that Lessee deskes to dispense aircraft fuel at any time during the term of the lease, an amendment of this lease shall be necessary. 6. I/VIP2ROVE1VIENTS TO TI~ PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the purposes of aircraft refurbishing, rebuilding and kit aircraft manufacturing, and that in order to utilize the leased premises for this purpose, it will be necessary to use a building and other improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 7 hereof~ and shall have the right to construct upon the leased premises any additional buildings or other structures, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. · (c) All buildings, structures and fixtures of every kind now or hereatSer erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confn'm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free' and clear of all encumbrances, liens, and title defects of any kind. A fmure shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non-fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition oftkis Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertaMed and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. ?. USE OF LEASED PRElVfl[SES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used by the Tenant primarily for 'the purposes of aircraf[ refurbishing, rebuilding and Mt aircraft manufacturing, but Lessee shall also have the nonexclusive right to provide flight instructions, charter and rental flights of aircrat~, the leasing of hangar · space and/or tie down service, and to conduct sales and service of aircraft. Any use of the leased premises other than those specifically stated above are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation. 8. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located or any part hereof thereon during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises, in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be 'wiffaheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenaat shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or i~ any way connected with such additions or renovations. 9. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the · LaJtdlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 11. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 12. LIABILITY INS~CE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises, including those portions of the said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained bY the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum mounts stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will g/ye written notice of any such change to Tenant, and such changes will take effect immediately. Any polic~ or policies of insurance requked pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (3 0) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. '13. PROPEKTY, FiKi~ AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any Obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and ?oors. All policies described in this Paragraph 13 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured.' Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the mount of said increase within thirty days of notice of the same. 14. DAMAGE OR. DESTRUCTION OF 12vfPKO~~S BY FII~E OR OTI-IER CASUALTY. In the evem the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, ii'any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the building/improvement being repaired or replaced. (a) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord. (b) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attomey's fees incurred by the Landlord in defending any such claims. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENVII~ONMENT~ MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly fro~ out of or by reason of(i) any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants. The presence of said substance or materials on the leased premises shall raise the presumption that Tenant is the cause of such presence. This Paragraph 16 shall survive the termination or cancellation of the Lease. 17. PREVENTION OF USE OF ~ PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section Six of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease, 18. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other ienants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous, 19. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenam being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. EMINENT DOM.MN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. If the taldng is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothiag herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall meaa. any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; Co) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant' s failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within ~rty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other pazty in amd to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents er servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing abond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof, (i) The liquidation, termination, death or dissolution of the Tenant or all Cmarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continUously conduct and carry on in good faith the type of business for which the leased premises are leased; (lc) The Tenant shall be in default'of any other term, provision or covenant of this Lease, other than those specified in subparts a through 1 above. Upo~ the happening of any "evem of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 22. IDENTITY OF iNTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a parmership or of a joint .venture and the relationship between them shall be and remain only that of landlord and tenant. 23. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered '(or mailed by registered Or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Arm: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: 'A & B Leasing Em., Inc. 140 North White Jewell Ct. Vero Beach, FL 32963 Attn: Bonnie Swing provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant, 24. KIGHT TO INSPECT. The Landlord may-enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its fights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 25. OWNEKSHIP OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expkation of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the fight to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by'the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the pro. perry of the Landlord. 26. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, roles and regulations now existing and hereinafmr promulgated. The Tenant expressly agrees for itself, ks successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right offiight for the passage of aircrat~ in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in' the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and'for use of said airspace for landing on, taking offfrom, or operating on the Airport. 27. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of., or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvemems on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; ('fii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Kegulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Kights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 28. ENTiKE AGREEMENT. This Lease comains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreemems relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded i~ ~vhole or in part only by an instrument in writing signed by each of the parties hereto. 29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or .any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may be withheld for any reason. If the Landlord consents, in writing, to the assignment, sublet'ting or other transfer of any fight or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 30. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, 'successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 31. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 32. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 33. RECORDING. In no event shall theLease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 34. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. Ail delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the 'date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure paymem of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the fights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such.revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the TenantTs interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF SEBASTIAN City Clerk By: Terrence K. Moore, City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney A & B LEASING ENT, INC. By: Bomfie Swing, President Corporate Seal: A~,~P ORT LEASE THIS LEASE, made and emered into this ~ day of October, 2000, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinat'cer referred to as the "Landlord"), and A & B Leasing Ent, Inc. d/b/a Velocity, Inc., (hereinat~er referred to as the "Tenant"). The LandlOrd and the Tenant are sometimes collectively referred to herein as the "parties". WlTNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and ' WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, Tenant has been assigned the rights of Golden Horn Aviation, Inc., under that certain Airport Lease dated November 14, 1996, as approved by Resolution R- 96-88, and requested that the lease be renegotiated concurrent with reformulation of Tenant's existing lease of airport property; and WHEREAS, the Landlord has agreed to renegotiate the lease of such property to the Tenant subject to certain terms and conditions consistent with or in support of the currem aviation use of such property; and WI-IEREAS, the Tenant deskes to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Lease Agreement. This Agreement supersedes and replaces that certain Airport Lease between City and Golden Horn Aviation, Inc., dated November 14, 1996, as approved by Resolution R-96-88,. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). Said leasehold remains subject to an easement reserved unto Landlord for emergency and official airport access, and not for general public access, as further described in said Exhibit "A". In the event that any portion of the Leased Premises is needed for actual improvements to the Airport, any portion thereof rendered unusable to Tenant shall be released from this lease and the rental payments adjusted accordingly. 3. TERM OF LEASE. The term of this Lease shall be for a period of thirty (30) years commencing October 1, 2000, and will end on the September 30, 2030. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises the yearly rent shall be four cents per square foot. The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In September of 2005, the Landlord will compare the most recent price index with the base price index for October 2000, and the yearly rent amount shall be increased based upon changes in the price index, if appropriate, on October 1, 2005. Another such adjustment shall be undertaken every year therea~er for the remaining term of the lease. In no event, however, shall the rent decrease below the sum of four cents per square foot. 00) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (o) Default in rent. If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in Sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the option herein granted aboVe, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. (d) Default in provisions. If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing from the date of commencement of this Lease, as described in Section 3 (above) and on a like day of every third month thereafter during the term of this Lease. 5. DISPENSING FUEL. In the event that Lessee desires to dispense aircraf~ fuel at any time during the term of the lease, an amendment of this lease shall be necessary. 6. 12VII~I~OVEMENTS TO TI-IE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the purposes of aircraft refurbishing, rebuilding and ldt aircraft manufacturing, and that in order to utilize the leased premises for this purpose, it will be necessary to use a building and other improvements prev/ously constructed upon the leased premises. Tenant acknoWledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 7 hereof, and shall have the right to construct upon the leased premises any additional buildings or other structures, provided any such buildings or structures do not in any way curtail the use of the airport hcilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requkements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. (c) All buildings, structures and fixtures of every kind now or herea~er erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be lef~ in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said 4 improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or ftmotional damage to the realty, becomes a part and parcel of it. Non-fixTure personalty owned by the Tenant at the expkation of the term or earlier terminaiion of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. 7. US~E OF LEASED PR_EiVIISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner'as to constitute a nuisance or a hazard and that, in connection with.the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used by the Tenant primarily for the purposes of alrcrat~ refurbishing, rebuilding and kit aircraft manufacturing, but Lessee shall also have the nonexclusive fight to provide flight instructions, charter and rental flights of aircral~, the leasing of hangar space and/or tie down service, and to conduct sales and service of akcraf~. Any'use of the leased premises other than those specifically stated above are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be with_held by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation. g. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repak the leased premises or any improvements located or any part hereof thereon during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises, inca good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent maybe withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased' premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or'renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indenmify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 9. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any' such services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may 'impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 11. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request.. 12. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises, including those portions of the said premises used for driveways, walk-ways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written nOtice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance requked pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 13. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Paragraph 13 shall contain a Clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. ha the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 14. DAMAGE OR, DESTRUCTION OF IMPROVEM2ENTS BY FIRE OR OTHt~R CASUALTY. In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Tenant, at its option,. agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable, ha the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against .any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the building/improvement being repaired or replaced. (a) Ii'the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord. (b) In the event the Tenant, under its option, elects not to repak and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDEM/'~ICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENVIKO~NT~ MATTEKS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of (i) any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants. The presence of said substance or materials on the leased premises shall raise the presumption that Tenant is the cause of such presence. This Paragraph 16 shall survive the termination or cancellation of the Lease. 17. PREVENTION OF USE OF ~ PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section Six of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 18. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to proNbit the Landlord from charging such fees as it deems necessary or desirous. 19. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. I/the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. EMINENT DOMAIN. l/all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taldng of the land, building and/or improvements on the leased premises shall belong to the Landlord. I/the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained bom.the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; Co) The appointment ora receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; 10 (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be 'determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being fled against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Kecords of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived tkrough or under the other party, or its agents or servants, or on account of any act of omission of sa/d other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; 11 (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through 1 above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 22. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating :between the Landlord and the Tenant the relationship of principal and agent or ora partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 23. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: Tenant: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 A & B Leasing Ent., Inc. 140 North White Jewell Ct. Vero Beach, FL 32963 At-tn: Bonnie Swing 12 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 24. RIGHT TO 12qSPECT. The Landlord may enter the leased premises Upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; Co) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 25. OWNERSI-IIP OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 26. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, roles and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or.maintenance of the Airport or otherwise constitute an Airport hazard.. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraf~ in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 27. NONDISCKIM]NATION. The Tenant for itself, its personal represematives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in,'derfied the benefits of, or be otherwise subject to discrimination in the use of the Tenanfs facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (',ii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Kegulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall 14 immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 28. ENTIRE AGREE~. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of'the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument ia writing signed by each of the parties hereto. 29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any fight or interest hereunder without the prior written consent of the Landlord, which consent may be withheld for any reason. If'the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 30. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 31. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 32. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 33. RECOI>d)ING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 15 34. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its fights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year fi'om date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the evem of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits fi'om the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, .or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all SUch revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. 16 IN WITNESS WIIEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF SEBASTIAN By: city Clerk Terrence R. Moore, City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: A & B LEASING ENT, INC. Corporate Seal: By: Bonnie Swing, President City of ftebastian, Florida . Subject: City Clerk Appointment / Appr~ed for S~~ a~r ~- / / '~.~/// / Da~ Subbed: 10-0~00 ~~~ /~ · Fo r~nda of: 10-11-00 S~RY ~e position of Sebasfi~ CiW Clerk is c~enfly open. h accord~ce wi~ ~cle ~., section 3.02 Appohmem [of Cheer officers] cheer officers ~ be appohted by · e CiW Co,oil ~d se~e m ~e pleasme of~e ciW co~cfl subject to ~e prohsions of ~s section. Therefore, please ~ect st~ accor~y.