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ITEM NO. ROLL CALL 1 Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan ~/ ITEM NO. ROLL CALL~ Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright iTEM NO. ROLL CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALLA Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION 'SECOND MOTION SECOND MOTION SECOND § 2-185 SEBASTIAN CODE (b) Officers of the board shall be elected by a majority vote of the membership of the board. The election shall be held at the first meeting of the board calendar year when all appointed members are present. (Code 1980, § 2-95; Ord. No. O-93-16, § 1, 2-9-94) State law reference--Similar provisions, F.S. § 162.05(4). Sec. 2.186. Rules and regulations. The board may adopt such rules and regulations, as are not inconsistent with the provisions of F.S. ch. 162 or this division, for the conduct of its hearings. (Code 1980, § 2-98; Ord. No. O-93-16, § 1, 2-9-94) State law reference--Similar provisions, F.S. § 162.08(1). Sec. 2-187. Clerk. The city clerk shall appoint a city employee to be the board clerk, who shall perform the functions assigned to the clerk as set forth in this division. (Code 1980, § 2-99; Ord. No. O-93-16, § 1, 2-9-94) Sec. 2-188. Legal counsel. The city attorney shall represent and be counsel to the board and attend all meetings. (Code 1980, § 2-100; Ord. No. 0-93-16, § 1, 2-9-94; Ord. No. O-97-01, § 1, 1-8-97) State law reference--Attorneys, F.S. § 162.05(5). Sec. 2-189. Presentation of eases. A representative of the city building department shall present cases before the board. The city manager may, upon recommendation of the building official, retain a member of the Florida Bar to present cases before the board. (Code 1980, § 2~101; Ord. No. O-93-16, § 1, 2-9-94; Ord. No. O-97-01, § 2, 1-8-97) State law reference--Attorneys, F.S. § 162.05(5). Sec. 2-190. Enforcement procedures. (a) It shall be the duty of the code inspector to enforce the various codes and initiate enforcement proceedings before the board. No member of the board shall have the power to initiate enforcement proceedings. (b) Except as provided in subsection (d) of this section, if a violation of the codes is found, the code inspector shall notify the alleged violator and give him reasonable time to correct the violation. If the violation continues beyond the time specified for correction, the code inspector shall notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall be hand-delivered or mailed as provided in section 2-196 of this division. At the option of the board, notice may additionally be served by publication or posting as provided in section 2-196 of this division. If the violation Supp, No. 14 CD2:20.2 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589~5330 [] FAX (561) 589-5570 MEMORANDUM TO: FROM: SUBJECT: DATE: City Council Members Kay O'Halloran City Clerk Advertisement for City Attorney July 10, 1998 Attached are ads for City Attorneys that were used two years ago. I will use these ads, if directed by the Council. I see from the ads that at least one month was allotted for responses. What is your wish? . To mn the ad in the Quality Cities Magazine, published by Florida League of Cities, the ad must be in by August 3rd to mn in the September issue. This would totally put it out of this publication. Please contact me as soon as possible with direction, Thank you. Kay CITY OF SEBASTIAN R.F.P. CITY ATTORNEY The City of Sebastian is seeking applications from cfua!ified individuals for the position of City Attorney or proposals from qualified individuals or law firms to provide legal services. Applications or proposals may be picked up at City Hail, 1225 Main Street, Sebastian, Florida, 32958 and must be returned to City Ha!! no lamer than 4:30 p.m. March t, 1996. Publish: Vero Beach Press Journal Classified - 1/30, 1/31, 2/1/96 Professional § 2-185 SEBASTIAN CODE (b) Officers of the board shall be elected by a majority vote of the membership of the board. The election shall be held at the first meeting of the board calendar year when all appointed members are present. (Code 1980, § 2-95; Ord. No. O-93-16, § 1, 2-9-94) State law reference--Similar provisions, F.S. § 162.05(4). Sec. 2-186. Rules and regulations. The board may adopt such rules and regulations, as are not inconsistent with the provisions of F.S. ch. 162 or this division, for the conduct of its hearings. (Code 1980, § 2-98; Ord. No. O-93-16, § 1, 2-9-94) State law reference--Similar provisions, F.S. § 162.08(1). Sec. 2.187. Clerk. The city clerk shall appoint a city employee to be the board clerk, who shall perform the functions assigned to the clerk as set forth in this division. (Code 1980, § 2-99; Ord. No. O-93-16, § 1, 2-9-94) Sec. 2-188. Legal counsel. The city attorney shall represent and be counsel to the board and attend all meetings. (Code 1980, § 2-100; Ord. No. O-93-16, § 1, 2-9-94; Ord. No. O-97-01, § 1, 1-8-97) State law reference--Attorneys, F.S. § 162.05(5). Sec. 2-189. Presentation of cases. A representative of the city building department shall present cases before the board. The city manager may, upon recommendation of the building official, retain a member of' the Florida Bar to present cases before the board. (Code 1980, § 2-101; Ord. No. O-93-16, § 1, 2-9-94; Ord. No. O-97-01, § 2, 1-8-97) State law reference--Attorneys, F.S. § 162.05(5). Sec. 2-190. Enforcement procedures. (a) It shall be the duty of the code inspector to enforce the various codes and initiate enforcement proceedings before the board. No member of the board shall have the power to initiate enforcement proceedings. (b) Except as provided in subsection (d) of this section, if a violation of the codes is found, the code inspector shall notify the alleged violator and ~ve him reasonable time to correct the violation. If the violation continues beyond the time specified for correction, the code inspector shall notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall be hand-delivered or mailed as provided in section 2-196 of this division. At the option of the board, notice may additionally be served by publication or posting as provided in section 2-196 of this division. If the violation Supp, No, 14 CD2:20.2 City of Sebastian 122~ Main Street Sebazfian, Florida 32958 CITY COUNCIL AGENDA PACKET SPECIAL MEETING FRIDAY, JULY 10, 1998 - 7:00 P.M. City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIgA 329E8 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING FRIDAY, ~ULY 10, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAI' BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN,, FLORIDA No public input is allowed at a Special Meeting unless approved by majority vote of City Council at the be. ginning of the Special Meeting (in accordance with R-9 7-21) ~ 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE ROLL CALL 4. $PE~AI~jVI~ETING ITEMS 98.142 A. Called by Mayor Sullivan to Examine Public Allegations of Possible Improper Authorization and Spending of Public Funds for City Personnel by the City Manager and Discuss Possible Violation of City Charter in Hiring Practices (Mayor Letter 7/8/98, Massarelli Agreements, Purchasing Ordinance, City Charter Sections) 5. ADJOURN ANY PERSON WHO DEClDF~ TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL W1TH RESPECT TO ANY MATTER CONSIDERED AT THIS 3~-h-T1NG (OR HF_.ARING) WII..L NF~F~D A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCF~DINGS IS MADE, IVttlCH 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 COORD~A TOR AT 589-5330 AT LF_.AST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings Thomas Frame City Manager City of Sebastian I am calling a Special Meeting of the Sebastian City Council for Friday, July 10, 1998 at 7 p.m. in the council chambers for the purpose of examining the public alligations of possible improper authorizion and spending of public funds for city personnel by the city manager. A possible violation of the city charter in hiring practices discUSsed. will also be Please see that the proper legal ~o. fic¢~ .are Ruth Sullivan Mayor cc: Vice Mayor Martha Wininger Council members: Louise Cartwri~t Charles Clerk Kay O Halloran City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 July 2, 1996 Robert Massarelli 4810 Key Road Titusville, FL 32780 Dear Mr. Massarelli: Please consider this letter as official confirmation of your appointment as City Planner for the City of Sebastian, Florida. The details of your appointment are as follows: You are appointed the city Planner, effective April 15, 1996. 2. Your salary at appointment will be $40,000.00 per year ($1,538.46 bi-weekly). Other increases are available, if and when they are designated by City Council and authorized by the City Manager. 3. You will be considered a permanent City Planner after successful completion of a six (6) month probationary period (October 18, 1996). Upon satisfactorily completing your probationary period, you are eligible to receive a five (5) percent salary increase. 4. In addition to your salary, the City will contribute an amount equal to 5% of your salary to one of the approved deferred compensation plans of the City effective after two full months of employment. '. 4. You will continue to he eligible for all ncrma! and customary benefits afforded other Deparumen~ Heads of the City of Sebastian, including full-time paid vacation, sick leave, health insurance (not including dependent coverage), hcliiays and oLher benefits as ' ' P_,~C=~_=~ outlined ~n ~he C~ty's p~rscnne! Policies and ~ .... ~. · ~ ' ' :~ City Planner 5 You will be governed ky %he job descr:=n=cn ~ , which is subjecn ~o change. 6. The Ciny expects you cs main%ain an active in.~eres5 in ~ CE-S555e ccnEerence per year. 7. As the City Planner, you serve at the pleasure of the City Manager. Therefore, should your employment be terminated by the City Manager without cause, you shall receive sixty (60) days (four pay periods) of severance pay. Should you be terminated with cause, including but not limited to a conviction of any crime involving moral turpitude, you may not be eligible for severance pay. 8. You are required to provide to the City Manager a minimum of thirty (30) days notice of your intent to terminate employment with the City of Sebastian. Should you terminate your employment, you waive your right to any severance pay as outlined above. Failure to provide the advance notice of your intent to terminate your employment may result in non-payment of accrued benefits that are customarily paid when leaving the City in good standing. I trust the above accurately summarizes the details of your appointment to the position of City Planner for the City of Sebastian. If you have any questions, please do not hesitate to contact me. Sincerely, Thomas W. Frame City Manager Rober~ J. Massarelli City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 3295a TELEPHONE (561) 589-5330 a FAX (561) 589-5570 March 25, 1998 Mr. Robert J. Massarelli Director of Community Development City of Sebastian, Florida Dear Mr. Massarelli: This is to acknowledge your letter of resignation date March 25, 1998, with an effective last day of April 30, 1998. Your letter is accepted under the following terms: 1. You will continue to work throu~ the last day of April 1998, as community Development Director; 2. You shall focus your activities on preparing the Department for your departure; 3. You will bring together all outstanding matters associated with the Comprehensive Plan, Land Development Code, etc.; 4. You will be expected to provide any all technical and professional assistance as may be need; 5. The City Formally accepts your resignation with regret; 6. You will be paid any mused accrued vacation leave due April 30, 1998; 7. The City will compensate you with a separation payment equivalent to a 60 day work period; 8. By acceptance of the terms of this agreement, you agree to release, acquit, and forever discharge the City and its officials, appointees, and employees both in their official and individual capacities, from and all actions, muses and actions, demands, damages, expenses or costs of whatsoever nature, knoTM or unknown, foreseen or unforeseen, whether in tort °r contract, at law or in equity, or rising under or by virtue of any federal, state, or local statute, ordinance or regulation, for injuries, losses and damages of any k/nd including, but not limited to earnings, wages, and employment benefits of any .'kind. which have or may accrued in any way pertaining to, or arising out of your employment with and/or separation from the City.. 9. Robert J. Massarelli and the Ci~' acImowledge that they have carefully read and understand the provisions of this ~si~ation acceptance agreement. Thomas W. Frar~ Ci.ry .¥[anager Roeerr J. Massaretli City of Sebastian 12~s M^~N STRE~ ~ SEB^STI^N, ~L©a~r:>^ 32958 TELEPHONE (561) 388-8203 ,Z FAX (561) 589-5570 MEMORANDUM DATE: March 25, 1998 TO: The Honorable City Council FROM: Thomas W. Frame, City Manager ~ '~. ~ SUBJECT:' Resignation of Robert J. Massarelli, Director of Community Development As of this date I have received and accepted with regret the resignation of Mr. Robert J. Massarelli, Community Development Director with his last day of employment to be Axil 30, 1998. Mr. Massarelli and I have entered into an agreement on behalf of both r. he City and himself which protects the City from any future claims or actions in exelmuge for his continued services through the end of April, 1998, and it provid~ for a sixty (60) day severance package. Mr. Massarelli is leaving on his behalf and has not been requested to tender his employment by the City. Manager. Should any Council Member have any questions, please feel flee to contact me immediately. March 25, 1998 Robert. J. Massarelli 410 Key Dr. E. Titusville, FL 32780 Mr. Thomas Frame, City Manager City of Sebastian 1225 Main St. Sebastian, FL 32958 Dear Mr. Frame: Due to personal reasons, I am tendering my resignation effective Apdi 30, 1998. Thank you for all of your support and leadership during my time with the City of Sebastian. Sincerely, Robert O. Massarelli ADMINISTRATION § 2-66 meeting. At the council meeting, emergency items may be considered by the unanimous decision of the members of the city council present at the meeting. (Code 1980, § 2-16) Charter reference-Procedure for meetings, § 2.12. State law reference-Public meetings, F.S. § 286.011 et seq. Sec. 2-34. Expenses of council members. Any council member desiring to be reimbursed for expenses that he or she will incur in connection with any conference, meeting, program, institute, seminar or other function which the council member intends to attend on behalf of the city and in furtherance of the business of the city, shall first seek the prior approval from the city council. Upon the prior approval of the city council by a vote of not less than three council members in attendance at a city council meeting, the expenses incurred by a council member who attended a coherence, meeting, program, institute, seminar or other function on behalf of the city and in furtherance of the business of the city, shall be reimbursed by the city subject to the limitations contained in the laws of the s~ate, including, but not limited to, F.S. ch. 112, as amended from time to time. (Ord. No. 0-93-07, § 1, 4-14-93) Secs. 2-35-2-55. Reserved. ARTICLE IH. OFFICERS AND EMPLOYEES* DMSION 1. GENERALLY Secs. 2-56-2-65. Reserved. DIVISION 2. CITY MANAGER? Sec. 2-66. City manager. The city manager shall be the chief executive officer of the city, appointed by the city council. The city manager shall become vested in accordance with the employment agreement between the city manager and the city. (Code 1980, § 2-15) ::. Charter reference-Powers and duties of city manager, removal of employees, § 3.04. *Charter references-Council-employee relationship, § 2.10; investigations by council, § 2.11; administration and legal departments, art. III; charter officers, §§ 3.01-3.03; city clerk, § 3.05; police department, § 3.06 et seq.; city attorney, § 3.09. Cross references-Finance department, § 2-106 et seq.; airport manager, § 22-29; building department created, § 26-33; manager of the golf course, § 74-32. State law reference-Code of ethics, F.S. § 112.311 et seq. J'Charter references-Charter officer, § 3.01; appointment, § 3.02; removal, § 3.03; city manager powers and duties, etc., § 3.04. Cross reference-City manager to prepare and submit the budget to city council, § 2-87. Supp. No. 3 CD2:5 § 2-67 SEBASTIAN CODE Secs. 2.67-2.85. Reserved. ARTICLE IV. FINANCE* DMSION 1. GENERALLY Sec. 2-86. Fiscal year. The fiscal year of the city shall begin on October 1 and end on September 30. (Code 1980, § 2-52) Cross reference-Powers and duties of finance director, § 2-109. State law reference-Mandate for fiscal year, F.S. § 166.241. Sec. 2-87. Submission of budget by city manager. The city manager, not later than the f'n-st regularly scheduled meeting of the city council in August of each year, shall submit to the city council a budget and an explanatory budget message sefl/ng forth recommended expenditures for the coming fiscal year, and the antici- pated revenues for that year, and recommending the millage to be fLxed on city ad valorem taxes. (Code 1980, § 2-53) State law reference-Adoption of budget and millage, F.S. ch. 205. Sec. 2-88. Budget. The budget shall provide a complete ['mancial plan of all city funds and activities for the ensuing fiscal year. It shall be in the form required by general law with additions as may be required by the city council. In organizing the budget the city manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, pur- pose, activity, or object. The budget shall show comparative figures for actual and estimated income and expenditures of the current fiscal year and the actual income and expenditures of the preceding fiscal year. The total of proposed expenditures shall not exceed the total of estimated income. (Code 1980, § 2-55) State law references-Municipal borrowing, F.S. § 166.101 et seq.; municipal finance and taxation, F.S. § 166.201 et seq. Sec. 2-89. Council action on budget. The city council shall advertise and hold public hearings on the budget a~ required by general law. (Code 1980, § 2-57) State law reference-Procedure for adoption of budget, F.S. § 200.065. *Cross references-Powers and duties of finance director, § 2-109; collection and distri- bution of airport funds, § 22-30; cemetery trust fund, § 34-2; operating funds for the Municipal golf course, § 74-34; taxation, ch. 94. State law references-Finance and taxation, F.S. § 166.101 et seq.; government finan- cial matters, F.S. ch. 218. Su~. No. 3 CD2:6 ADMINISTRATION § 2-91 Sec. 2.90. Lapse of appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or 'encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation. P~ovided, however, the city council may create and maintain reserve funds in the operation of utilities and the retirement of utility indebtedness for the purpose of offsetting depreciation of utility physical properties as well as the expenditures necessary in times of emergencies brought about by unexpected weather or other conditions. (Code 1980, § 2-61) Sec. 2.91. Central procurement system. (a) [Established.] There is hereby established a central procurement system which shall function in the city manager's office through the assistant to the city manager/purchasing agent, and deemed appropriate and budgeted by the city manager and approved by city council. All procurements for goods and services for the city, except those goods and services excluded from the application of this section, shall be effected through the central procurement system. (b) Exemptions. This section shall not apply to: (1) Purchases between the council and nonprofit organizations, other governments, or other public entities, and intragovermnent services. (2) Purchases of dues and memberships in trade or professional organizations, subscrip- tions for periodicals, books (maps, pamphlets and similar material), advertising works of art for public display, medically related professional services, employee benefit related purchases, room or board for clients or employees, water, seWer, electrical, cable television, telephone or other utility services, postage for meter machines, personnel services, shows, displays, or cultural events sponsored by the city. (3) Purchases made from petty cash accounts. (4) Contracts for attorney services and other legal services shall be secured by negotia- tion by the city attorney as approved by the city council. (5) Appraisers and expert witnesses for condemnation matters and similar services shall be negotiated as directed by city council. (6) Purchase of real property. (7) Procurement of goods and services as part of the process of apprehending persons suspected of violating the law and towing services. (8) Purchase or procurement of other personal or professional services unless Florida statute requires purchase or procurement in accordance with a procedure established by statute. Supp. No. 10 CD2:7 § 2-91 SEBASTIAN CODE (c Y ~operative purchasing. (1 Joint bid: The purchasing agent shall have the authority, subject to approval of the city manager, to cooperate with other local gove~ments or other public entities in the development and use of mutually cooperative procurement contracts or master agreements. Such contracts or agreements, irrespective of the sponsoring entity, as they pertain to the city, shall be awarded through procedures substantially equivalent to the requirements of this section and therefore shall not require council approval if under $5,000.00. All purchases over $5,000.00 shall require council approval. (2 ~ Piggyback: The purchasing agent shall have the authority, subject to approval of the city manager, to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the vending contractor extends the terms and conditions of the contract or agreement to the city and the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section and therefore shall not require council approval if u~der $5,000.00. All purchases over $5,000.00 shall require council approval. (3) Offers lower: The purchasing agent shall have the authority, subject to approval of the city manager, to procure goods and services if t~e purchase is with a person, firm, organization, or corporation whose offer to sell to the city is at sale price for that com__modity equal to or lower than the existing piggyback price for the same or equal commodity being sought and therefore shall not require council approval if under $5,000.00. All purchases over $5,000.00 shall require council approval. (d) Sole source. A contract may be awarded for goods or services without competitive bids When the city manager or his designee determines in writing that there is only one source for the required item. Approval shall be in accordance with the dollar threshold established by this section. (e) Emergency purchase. Where city council or city manager finds it to be in the best interest of the city, they may declare the existence of an emergency procurement condition and based thereon, the purchasing agent may suspend any or all provisions of this section and authorize an emergency purchase. The city manager shall have approval authority up to $20,000.00. All emergency purchases over $5,000.00 shall be reported to council as soon as prac~ic~. As used in this section, the term "emergency" means a sudden unexpected turn of evems that causes: ~ 1) An immediate danger to the public health or safety; 2'~ An immediate danger of loss of public or private property; 3 An interruption in the delivery of an essential governmental service; or : 41 An interruption in the normal function and operation of any city department that would result in a work stoppage or other substantial monetary loss. Supp..N~,, 10 CD2:8 ADMINISTRATION § 2-91 (f) Authority of purchasing agent. Unless otherwise provided for in this section, the procurement of all goods and services shall be under the supervision of the city manager as designated to the purchasing agent. The purchasing agent shall: (1) Procure or supervise the procurement of all goods and services where authorized by the city manager except as otherwise provided for herein. (2) Coordinate the requirements of various departments and invite widespread compe- tition in the procurement process in the fulfillment of those requirements. (3) Acquire at the best possible price, consistent with the specified quality and suitability, the goods and services necessary for proper and efficient operations of the city. (4) Maintain centralized focal point where all purchases, except as exempted herein, will be effected through, including the pertinent data files of the purchasing activities of the city. (5) Ensure fair, equitable, and ,m~¢orm treatment of all person(s) who deal with the procurement system of the city. (6) Ensure that specifications are developed to permit competition among businesses whenever practicable. (7) Sign duly issued purchase orders. (8) May question the quality, quantity and kind of items asked for and may conduct adjustment negotiations in order that the best interest of the city may be served. (9) Consult with the city attorney and establish contract clauses appropriate to meet standard needs and special needs as it pertains to contracts for supplies, services and construction. (10) Perform other related duties as may be assigned by the city manager. (g) Delegation of authority. Subject to the approval of the city manager, the purchasing agent may delegate his authority in whole or in part to designees within the city. (h) Purchasing manual. The city manager shall adopt and amend as circumstances require, a city purchasing manual ("purchasing manual") which shall govern the city policies and procedures in procuring goods and services. (1) The guidelines for the procurement of goods and services contained in the purchasing manual shall be consistent with the procedures established under this section. (i) Prohibition against subdivision. No contract or purchase shall be purposely subdivided to circumvent any requirements of this section. (j) Not to exceed budget appropriations. No purchase or contract shall be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year. No expense of a special fund shall exceed the amount of money available to that fund. Supp, No, 10 CD2:9 § 2-91 SEBASTIAN CODE (k) Evaluation criteria. Except as otherwise exempted in this section, all purchases and or contracts shall be awarded based on the following criteria, but not limited to: (1) The lowest responsive and responsible vendor/bidder. (2) The lowest price. (3) The ability, capacity and skill to perform or provide within the time specifications and without delays. (4) The character, integrity, reputation, experience and efficiency of the vendor/bidder. (5) Previous experience with the vendor/bidder. (6) The financial strength of the vendor/bidder. (7) The suitability of the goods or services being offered; making sure that the life expectancy is taken into consideration. (8) The availability of parts, repairs and service and warranty. (9) Tie bids will be decided by drawing lots. Local vendors shall be chosen for award, under "a tie" situation, only if all other things are equal. (1) Competitive bid criteria. Any request for the purchase of materials, equipment and supplies unless Otherwise exempt under this section is subject to competitive bid procedures as follows: (1) Up to $250.00--Two or more verbal quotes where practical--No purchase order required. Department Heads authorized to purchase goods and services as directed by the city manager. (2) $251.00--$2,000.00--Three or more verbal quotes--Purchase order is required. (3) $2,001.00--$5,000.00--Three or more written quotes---Purch.ase, order is required. (4) Over $5,000.00--Formal written sealed bids--Purchase order is required. (m) Approval of service and purchase agreements. Except for emergency purchases provided for herein the following agreements shall be submitted to city council for approval: (1) Lease agreements. (2) Lease purchase agreements in excess of $5,000.00. (3) Funding agreements. (4) Construction contracts in excess of $5,000.00. (5) Professional service contracts in excess of $5,000.00 (6) Grant agreements. The city manager or his designee is authorized to execute all agreements and contracts. (n) Formal lease agreements and contracts. Ail lease agreements or formal contracts shall be approved as to form and legal sufficiency by the city attorney. Supp, No. 10 CD2:10 ADMINISTRATION § 2-92 (o) Waiver of bidding procedures. City council may waive or modify the bidding procedure for good cause. (p) Professional services. Professional services of architects, engineers or registered land surveyors and mapping shall be obtained following the procedures specified.in section 287.055 F.S. (q) Forbidden use. Procurement system shall not be utilized by city employees, agents or elected officials for personal use. (r) Dollar threshold. The following shall be the approving authority for all purchases except as otherwise stated in this section: Up to $1,000.00--The purchasing agent shall be the approving authority. $1,001.00 to $5,000.00--The city manager or designee shall be the approving authority. Over $5,000.00---The city council shall be the approving authority. (s) Public works. Public works contracts, as defined in section 180.24 F.S., shall be bid in accordance with that section. (t) External grants. The city shall take advantage of funds made available to municipal- ities (grants) by governments, government agencies (state, federal) and other sources, for implementing projects for the public good. The city manager or designee shall administer all phases of the grant. Note: In any situation where compliance with this code will place the city in conflict with the state or federal law or the terms of any grant, the city shall comply with such federal or state law, grant requirements, or authorized regulations which are mandatory and which are either not reflected in this code or are contrary to provisions of this code. (Code 1980, § 2-63; Ord. No. O-96-10, § 3, 7-24-96) State law reference--Public procurement, F.S. ch. 287. Sec. 2-92. Competitive sealed bid (over $5,000.00). (a) [Generally.] Cost in excess ff $5,000.00 shall be upon invitation for bids unless ' otherwise exempted by this section. A notice of invitation to bid shall be published at least once in a newspaper of general circulation in the city as follows: (1) Construction projects projected to cost more than $200,000.00 shall be advertised at least 21 calendar days excluding the day of the ad, prior to published bid opening and at least 30 calendar days if more than $500,000.00 and in either case at least five calendar days prior to any'scheduled pre-bid conference. (2) All other advertising shall be at least 14 calendar days excluding the day of the ad prior to established bid openflag. The newspaper notice of the invitation to bid shall include a brief general description of the goods or services, a statement informing Supp. No, 10 CD2:10.1 § 2-92 SEBASTIAN CODE bidders of section 287.133 F.S.(A), Public Entity Crime, and location where bid documents and specifications are available, and specify date, time and location at which bids will be opened. (b) Contract renewal. The city manager or his designee shall have the authority, subject to approval of the city council, to renew any contract which was awarded through the competitive bid process and approved by city council, providing said contract contains a provision for renewal and the contractor/vendor has performed and lived up to the terms and conditions of said contract, and is worthy of renewal. The renewal contract shall be consistent in every way with the terms and conditions of the original contract and the city reserves all rights contained therein. (c) Correction, cancellation and withdrawal. (1) Bidders may be a~ked to provide further information after bid opening to determine the responsibility of vendor. (2) Waiver of technicality. Information shall not be considered after the bid opening if it has been specifically requested to be provided with the bid and becomes a matter of responsiveness. The bid shall be considered responsive only if it substantially conforms to the requirements of the {nvitation to bid. The city council may waive any informality, technicality or irregularity on any bid. A minor or nonsubstantive lack of conformity may be considered a technicality or irregularity, which may be waived by city council. (3) Mathematical errors. Errors in extension of unit prices or in mathematical calcula- tions may be corrected. In all c~ses of errors in mathematical computation, the unit price shall not be changed. (4) Cancellation or postponement. Any time prior to the bid opening date and time, the purchasing agent may cancel or postpone the bid Opening or cancel the invitation for bid in its entirety. (5) Withdrawal. Prior to any published bid opening date and time, a bidder may withdraw his or her bid in writing. A fax is permitted for t~xis purpose, provided that a confirming telecon is made. (6) Amendments. Prior to any published bid opening date and time, a bidder may amend his or her bid provided that it is in writing, in a sealed envelope, and identified. (7) Addenda and change orders. The city recognizes that changes in the scope of work or quantities necessary, especially in capital improvement projects, may occur in order to fulfill a need or complete a project. In recognition of the above, the city hereby establishes a provision which shall accommodate such changes as follows: a. As used herein, the definition of "addenda": Written or graphic instruments issued prior to the bid opening which clarify, correct or change the bidding documents or the contract documents. Supp. No. 10 CD2:10.2 ADMINISTRATION § 2-92 b. As used herein, the definition of "change order": A document which is signed by' contractor/vendor and the city and authorizes an addition, deletion, or revision in the work, or an adjustment in the contract price or the contract time, issued on or aider the effective date of the agreement. c. The purchasing agent in conjunction with the department head involved shall prepare and process all addenda and change orders. The city shall be solely responsible for issuing addenda prior to the bid opening. Should the city issue an addendum within five working days of the advertised bid opening date, and the addendum contain provisions which will materially and substantially alter the prospective contractor/vendor bid preparation time, the city shall provide a five-working-day extension of the bid opening. d. Either the contractor/vendor or the city can initiate a change order. However, the change order must be mutually agreed to by the contractor/vendor and city. The city manager may approve changes up to 15 percent of the total contract price. Changes in excess of 15 percent of the total contract price or any change in excess of $5,000.00 must have the prior approval of the city council. e. Once the change order has been approved, properly recorded, and fully auditable, the purchasing agent shall notify the contractor/vendor of approval. A signed original change order shall be retained by the city and also sent to the contractor/vendor. (d) Bid opening. Bids must be received at the place, date and time stipulated on the invitation to be considered for award. Bids shall therein be opened publicly in the presence of the purchasing agent or designee and other interested parties. The amount of each bid, together with the name of each bidder, shall be read aloud and tabulated and open to public inspection per chapter 119, F.S. (e) Award of bids over $5,000.00. (1) Contracts resulting from the competitive sealed bid process shall be awarded with reasonable promptness by the city council by written notice to the lowest responsible and responsive bidder, unless the basis of award in the bid documents has explicitly established other criteria. As used in this section, the term "responsible and responsive bidder" means a bidder whose bid conforms in all material respects to the solicitation for bids, and who has demonstrated the capability to perform the contract requirements. (2) In the event the low responsive and responsible bid for a project exceed available funds, and such bid does not exceed such funds by more than 15 percent, the purchasing agent is authorized, when time or economic conditions preclude resolicita- tion of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and responsible bidder in order to bring the bid within the amount of available funds. Any such negotiated adjustment shall be based only upon eliminating independent deductive items specified in the invitation for bids. The city retains the right to reject all bids should negotiations fail. Su=o. No. 10 CD2:10.3 § 2-92 SEBASTIAN CODE (f) Rejection of bids. (~) (2) In all cases of procurement brought before the city council, whether by bids, sealed proposals, competitive negotiations or otherwise, the city council reserves the right to reject any and all bids, sealed proposals or negotiations, and cancel the bid as they may deem in the best interest of the city. The city manager and purchasing agent shall have this same authority when it falls within the dollar threshold established by this section. More than one bid from an individual, firm, partnership, corporation, or association under the same or different names, shall not be considered. Any or all proposals shall be rejected if there is reason to believe that collusion exists among the bidders and no participants in such collusion shall be considered in future proposals for the same work. (g) Bidders in default to city. The city council may reject the bid of a vendor/bidder who is in default on the payment of city taxes, licenses, or other monies due the city. The city manager shall have this same authority with respect to bids for contracts under $5,000.00. (h) Formal contract. A formal contract shall be used when periodic Payments are made throughout a project, as is generally the case with construction work, or when a performance bond (if required) is used. The contract shall be approved by the city attorney. The contract shall protect the city against, but not be limited to, additional costs caused by abandonment of the work and claims bythird parties for nonpayment. When this protection is not required, the purchase order may be the sole contract document. (i) Payment and performance bonds. (1) Construction contracts under $100,000.00 or projects for public works where~the contract is less than $100,000.00, shall be exempt from executing payment and performance bond unless the city manager determines such bonds are in the public interest on a project. In such event the public notice inviting bids for the project shall specify the requirements for payment and performance bonds and the procedures in subsection (2) and (3) of this subsection shall apply. (2) Construction contracts $100,000.00 or over. Payment bonds equal to 100 percent of the contract price and performance bonds equal to 100 percent of the contract )r~ce shall be provided by the successful bidder at the time of the execution of the contract. The notice inviting bids shall specify the requirement .for payment and performance bonds. (3) Bond requirement.. The bond shall be provided by a surety company authorized to do business in the state and approved by the city manager. In lieu of a bond, the bidder or co~tracter may furnish as security in favor of the city a certified check, a cashier's check or an irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the state. The form of the check or letter of credit must be approved by the city manager and city a~torney. Supp. No. lo CD2:10.4 ADMINISTRATION § 2-93 (4) Waiver of bonds. The city council may waive the requirement for payment and performance bonds for construction projects over $100,000.00 in accordance with the provisions of chapter 255 F.S. · (5) Contract payment when no bond is required. Where there is no bond required on a public construction project, the city shall withhold up to 15 percent of the total contract price until all terms of the contract have been fulfilled to the satisfaction of the city. (j) Bid bonds. (1) Construction contracts under $100,000.00 or projects for public works where the contract is less than $100,000.00 shall be exempt from executing bid bond unless the city manager determines that such bonds are in the public interest on a project. In such event, the public notice inviting bids for the project, shall specify the require- meat for a bid bond and the procedures in subsection (2) of this subsection shall apply. (2) Construction contracts $100,000.00 or over. Bid bonds equal to 5 percent of the bid amount shall be submitted with each bid unless the public notice inviting bids specifies that a bid bond is not necessary. Unsuccessful bidders shall be entitled to return of surety after the final award of bid. A successful bidder shall forfeit the amount of its security upon failure on his part to execute a contract within ten days after receipt of a proposed contract from the city unless the time for executing the contract is extended by the city manager. (3) In lieu ora bond, the bidder or contractor may furnish as security in favor of the city, cash, a certified check, a cashier's check or irrevocable letter of credit. The check or letter of credit shah be drawn on or issued by a bank authorized to do business in the state. The form of the check or letter of credit must be approved by the city manager and city attorney. (k) Lease-purchases. The city is authorized to enter into leases 'or lease-purchase arrangements related to equipment, machinery or proper~y needed for city purposes at a stipulated rent to be paid from city funds. The city may make all other contracts or arrangements necessary to carry out the lease-purchase for the city purpose.The city shall have the right to enter into lease-purchase arrangements with private parties or governmental agencies ~ubject to the provisions of this section. (Code 1980, § 2-64; Ord..To. O-91-16, §§ 1, 2, 6-12-91; Ord. No. O-96-10, § 4, 7-24-96) Sec. 2-93. Sale, exchange or abandonment of city property. (a) Personal property. If, upon recommendation of the respective department head, the city manager has determined that personal property owned by the city is no longer needed or is obsolete, the property may be sold by bid or by auction. Notice of sale shall be published once in a newspaper of general circulation in the city. The city manager shall establish a price, or determine sale by auction; however, if the depreciated value of any personal property is in excess of $4,000.00, approval of the city council is required prior to such sale. Supp, No, 10 CD2:10.5 § 2-93 SEBASTIAN CODE (b) Real property. When the city council has determined that any real property which is owned by the city should be sold it is no longer needed for city purposes, such property may be sold by bid or by auction with reserve. Notice of sale shall be published once a week for at least two weeks in a newspaper of general circulation in the city calling for bids and specifying the terms of purchase, including the minimum price, ff any. If a suitable offer to purchase is not received, the city may terminate the sale procedure and may reinitiate such procedures if desired. (c) Exchange of real property. When the city council finds it is in the public interest to exchange real property owned by the city for other real property needed to fulfill a city purpose, the city council shall adopt an ordinance authori~ng the exchange on such terms and conditions as the ~ity finds is in the public interest. (d) Abandonment of interest in real property. The city may abandon any city-held easement or city interest in real property by adopting an ordinance declaring the interest abandoned. In the case of a utility or drainage easements, or an easeme,~t located on the rear lot line or side lot line of a lot located in a platted subdivision the abandonment may be by adopting a resolution to abandon such easements. (e) Bidding procedures. The bidding procedures set forth in section 2:92, for purchasing items shall apply to subsections (a) and (b) of this section ffthe item is offered for sale by bid. (Code 1980, § 2-65; Ord. No. 0-95-28, § 1, 12-6-95) State law reference--Alternate procedure for purchase of property, F.S. § 166.045. Secs. 2-94--2-105. Reserved. DMSION 2.. FINANCE DEPARTMENT* Sec. 2-106. Created. There shall be a department of finance, the head of which shall be the director of finance, who shall be appointed by the city manager. (Code 1980, § 2-71) Sec. 2-107, Director of finance--Qualifications and salary. The director .~ finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control. The director shall receive an annual salary to be fixed by the city council. (Code 1980, § 2-72) *Cross reference--Officers and employees, § 2-56 et seq. Supp. No. 10 CD2:10.6 CHARTER § 3.03 resolutions and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein. (Ord. No. 0-88-43, § 12, 1-11-89; Ord. No. O.91-29, § 1, 1-8-92) Editor's note-See the editor's note following § 2.11. Sec. 2.16. Standing committees. (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution of the city council. (b) Periodic reports to the city council shall be made by the standing committees as to the accomplishments and future activities contemplated by each standing committee, as directed by the city council. (Ord. No. 0-88-43, § 13, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 4, 1-8-92) Editor's note-See the editor's note following § 2.11. ARTICLE WI, ADMINISTRATION AND LEGAL DEPARTMENTS* DMSION 1. GENERALLY Sec. 3.01. Creation. (a) The city council may establish city del~artments, offices or agencies in addition to those expressly created in the City Charter and may prescribe the functions of alt departments, offices and agencies. Notwithstanding the foregoing sentence, no function specifically assigned in the City Charter to a par~icula~ department, office or agency may be discontinued or reassigned to a different department, office or agency by the city council, except to the extent allowable under the provisions of the City Charter. (b) The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 4, 1-27-93) Sec. 3.02. Appointment [of Charter officers]. The Charter officers shall be appointed by the city council and serve at the pleasure of the city council subject to the provisions of section 3.03 of this article. (Ord. 1~. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Sec. 3.03. Removal of Charter officers. (a) Any Cha~ter officer may be removed from office £or cause by a majority vote o£ she entire city council. *Editor's note-Section 14 of Ord. No. 0-88-$9, adopted January 11, 1959, r~pealed former Art. III, which contained §§ 3.01-3.05, and enacted a new article III to read :~s set herein. The repealed article pertained to similar provisions and derived from the Cheerier adopted by Ord. No. 0-78-9 on October 19, 197S. Supp. No. 2 CHT:15 § 3.03 SEBASTIAN CODE (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote of at least three (3) council members, charge the named Charter officer with misconduct and immediately suspend such Charter officer from office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Char~er officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the City Council upon request. The suspended Charter officer shall be given a reasonable period of time in order. to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed from office if the City Council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 5, 1-27-93) Sec. 3.04. City manager; powers and duties. (a) The city manager shall be the chief administrative officer of the city. ' (b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the offices of the city clerk and city attorney. He shall attend all city council meetings unless excused by city council and shall have the right to take part in discussions, but not vote. (d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city counc~; and shall keep the city council fully advised as to ti~ e financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. (f) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint an,~thcr eligible person, other than a sitting council member, to serve as acting city manager. , (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordi- nances, or by the direction of the city council, may sign all contracts, bonds, debentur(.~s, Supp. No. 2 CHT:16 CHARTER § 3.09 franchises and official documents on behalf of the city, which shall also be attested by the city clerk. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1.8.92; Ord. No. O-91-30, § 5, 1-8-92) Sec. 3.05. City clerk- The city clerk shall give notice of city council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by this Charter or by the city council. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0.91-29, § 1, 1-8-92) DMSiON 2. POLICE DEPARTMENT Sec. 3.06. Creation; chief. There shall be a police department which shall consist of a chief of police and such other sworn and non-sworn employees as may be determined by the city council. The chief of police shall be the head of the police department and shall direct the activities of its members and police department employees. The chief of police shall be appointed by the city manager. The mayor may, as provided by law, appoint and discharge special policemen in times of riot or public emergency. (Ord. No. 0-88-43, § 14, 1-11-89) Sec. 3.07. Chief of police-,Duties and authority. It shall be the duty of the chief of police to attend meetings of the city council as directed by the city manager; to aid in the enforcement of order and to enforce the city's ordinances, to execute all papers and processes of the city or its authorities; and to perform such other duties as may be lawfully required of him/her. (Ord. No. 0-88-43, § 14, 1-11-89) Sec. 3.08. Same-Officers. The chief of police and all sworn police officers shall have the power to bear arms and make arrests as provided by Florida law and/or as may be provided by ordinance adopted by the city council. (Ord. No. 0-88.43, § 14, 1-11-89; Ord. No. O-93-02, § 6, 1-27-93) D~'I$ION 3. LEGAL Sec. 3.09. City attorney. (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council, the mayor and all ciW departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. Supp. No. 2 CHT:17 § 3.09 SEBASTIAN CODE (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. Also, the city council may provide by ordinance for the additional office of and the appointment of an assistant city attorney when the weight of the city attor- ney's duties increases to such an extent that the city council deems such action advisable or necessary. (c) The city attorney shall receive such compensation as may be determined by the city council. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) ARTICLE IV. ELECTIONS* Sec. 4.01. Adoption of state election laws. All general laws of the State of Florida, relating to elections and the registration of persons qualified to vote therein which are not inconsistent or in conflict with the provisions hereof or the ordinances of the City of Sebastian, shall be applicable to all city elections. Sec. 4.02. Filing of candidate's oath; fee. (a) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affir- mation shall be furnished to the candidate by the city clerk and shall comply with the provi- slons of Florida law. (b) The oath set forth in subsection (a) shall be Fried with the city clerk at least forty-five (45) days, but no more than sixty (60) days, prior to the day of the election, along with payment of a non-refundable f'ding fee as set by the resolution of city council, from time to time.. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 1, 1-27-93) Sec. 4.03. Reserved. Editor's note-Section 4.03, pertaining to special municipal elections to elect elective officers was repealed in its entirety by Ord. No. 0-93-04, § 2, adopted January 27, 1993. Sec. 4.04. Special election for other purposes. A special ele~ion for a purpose other than the nomination or election of city officials, may be authorized by resolution at any time by the city council; provided, not less than thirty 130) days nor more than sixty (60) days intervene between the date of the adoption of the resolution and the date of the election, unless a different time be otherwise provided in this Charter by ordinance or by statutory law or constitutional provisions, under authority of which the elco- tion is called. Any matter or matters which by the terms of this Charter, which may be submitted to the electors of the city at any special election, may be submitted and voted upon at the regular municipal election. *State law reference-Electors and elections, F.S. ch. 97 et seq. Supp. No. 2 CHT:18