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Home My WebLink About07221998ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 7/22/98 REGULAR MEETING All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order and placed in dips within the file City Manager, City Clerk and City Attorney get a full set of draft minutes, therefore, they do not need copies of minutes pages for items relating to their positions 98.046 Demps~ ~nd Braddock Street; Road Repairs - approved copy minutes to file, Finance, Purchasing, PW file STREETS 98.141 Re,~luest from L.I. Tree Service. Richard Fey, Presidenk- Refund of Site Plan Application Fee - deferred for further backupto the August 12 meeting staff to locate fax transmittal file pending credenza Approval of Minutes - 7/1/98 Workshop. 7/8/98 Regular Meeting. 7/1.9../98 ~;pecial Mee[ing - approved as amended note amendments with asterisk - add "as amended" at signature block sign, .seal - copy to Finance and place in book 98.092 Al~prove Revised Budget Calendar for Fiscal year 1998/1999 - Revised Public He0ring Dates - approved copy minutes w/amended calendar to all &pts. replace budget calendar on front board copy minutes to file change monthly calendar (and on web) file pending credenza change upcoming meetings list 98.119 Budget Advisory Committee 1 LAgpoint One Al-Large Memb. ca: - Ben Bishop appointed letter to Bishop copy minutes to file, Nancy Veidt update Board Handbook - distribute pages file vault - BOARDS/COMMITTEES 98.135 98.145 98.146 98.147 98.148/ 98.054 Release of Water Use Restriction Imposed..Jttlle 24, 1998 - ban lifted - staffto amend existing ordinance notice lifting of restriction in paper - refer to St. Johns rule???? file pending credenza RESOLUTION NO. R-9~-34 - Poprove VisionC~e Plan Contract for Term of October 1. 1998 to September 30, 1999 - $6,500 - adopted sign, seal - copy to file, counter, attorney, Human Resources, Finance obtain copy of signed contract from Doris and attach to original resolution blue back original - file vault - 98 ORIG RES file backup in vault - AGREEMENTS - Miscellaneous - VisionCare Plan Contract update \wp-res~r-98 as to adopted date add to \wp-files~agree.cur - miscellaneous note location of backup w/green sheet labeled "R-98-34 -VisionCare Plan - see Agreements- Miscellanous" Authorize City Mo~ager to Execute Contract F9136 with Florida Department of Environmental ProtectiO0 for_Barber Street Sports Complex Recreational Facilities Grant - approved copy minutes to file, Finance, PW, Purchasing City Manager and City Attorney to sign, seal 2 originals - copy to file, Finance mail two originals to FDEP for signature - request one back add to \wp-files~agrce.cur - interloeal/govt - State of Florida - Environmental Protection file vault - AGREEMENTS - interlocal/govt - State of Florida - Environmental Protection Ai~prove Purch~e of Cushman Jr. Tuff"Truckster" for Golf Course - piggyback Florid~ State Co.act in the Amount of $6.145 - approved copy minutes to file, Finance, Purchasing, Golf Course file vault - FINANCE. 98 Bids/Purchases proposed Contra¢~_Atldendum - Solin and Ass0~iates. Inc. to Prepare City [l,~ponse to State Ob. jectio~,.R~commendations, and CoIlllll~nts Report for Comprehensi[e Plan - approved - no appropriation necessary - sufficient funds in Community Development copy minutes to file, Finance, GMD, Purchasing sign, seal two originals - Solin already signed mail one original to Solin add to \wp-files\agree.cur - miscellanous - solin file vault - AGREEMENTS - miscellanous - solin 98.149 Water Maijx A~sessme~ats - Approv~ Agpropriation and Payment of $8,.501.64 to II, dian Riyqr County - approved copy minutes to file, Finance file vault - WATER AND SEWER - IRC Water Expansion - Louisiana Avenue Assessment 98.00~ Approve Pur~:hase of Five Automated External Defibrillators froro Physio-Cor~trols, Inc. Usirg $5,35Q Donated Funds and $9,;507,75 Appropriategl bv Council fl:om Undistrib~l~d Non-Departmental Account - approved - have plaque made with names of donors copy minutes to file, Finance, PD, Purchasing file vault - FINANCE. 98 Bids/Purchases - PD order plaque(s) made ???? Other Dir~tion; 8/12/98 agenda - CM to ask for CA review and place allegations re: felony on 8/12/98 agenda if ready 8/12/98 agenda - Wininger received consensus on placing Charter review committee on next agenda 8/12/98 agenda - first reading of Code Enforcement ordinance City Clerk to ascertain deadline for charter amendment ordinance City Manager to proceed to investigate interest of IRC on grants for waterfront property ITEM NO. ROLL CALL Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM ND. ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwri~t Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan ~ Mrs. Wininger Mr. Neuberger '~ Mr. Paul ~/ ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright "/ Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ~. ~J 9/6 ROLL CALL 1 Mrs. Cartwright Mr. Neuberger Mr. Paul "/ Mrs. Sullivan "/ Mrs. Wininger ITEM NO. 7~' ROLL CAI& Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Ca twl-i t Mr. Neuberger ITEM NO. ROLL CALL .4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwri~t Y Mr. Ncubcrger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. Wininger ~ \~f Mrs. Cartwright Mr. Neuberger ~/ Mr. Paul ~ Mrs. Sullivan 7 MOTION SECOND MOTION SECOND MOTION 'SECOND MOTION SECOND MOTION SECOND t 98.004 Approve Purchase of Five Automated External Defibrillators from Physio-Controls, Inc. Using $5,350 Donated Funds and $9,507.75 Appropriated by Council from Undistributed Non- Departmental Account (Chief of Police Transmittal 7/16/98) 16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 15 City of Sebastian 1225 MAIN STREET O SEBASTIAN, FLORIDA a2~Sa TELEPHONE (561) 589-5330 c~ FAX (561} 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 22, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Pr0sent: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame Acting City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting July 22, 1998 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 7. L~ITY ATTORNEY MATTERS 8. ~ITY MANAGER MATTERS 2 98.046 ITEMS CARRIED FO[~WARD FROM 7~8/98 REGULAR MEETING A. Dempsey and Braddock Street Road Repairs (Public Works Transmittal 6/30/98) 98.141 Request from L.I. Tree Service, Richard Fey, President - Refund of Site Plan Application Fee (City Manager Transmittal 7/1/98, Fey Letter) 4 t C. CITY COUNCIL MATTERS a. Mayor Ruth Sullivan b. Vice Mayor Martha Wininger c. Mrs. Louise Cartwright d. Mr. Chuck Neuberger e. Mr. Larry Paul 98.092 10. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 7/1/98 Workshop, 7/8/98 Regular Meeting, 7/10/98 Special Meeting Approve Revised Budget Calendar for Fiscal Year 1998/1999 ~ Revised Public Hearing Dates (Finance Director Transmittal 7/16/98) 6 11. PUBLIC HEARING - None 12. INTRODU~IQN OF NEW BUSINESS FROM THE PUBLIC lghich is not otherwise on the agenda - sign-up required- limit often minutes for each speaker 98.119 13. COMMITTEE REPORTSfRECOMMENDATIONS A. DudgekAdvisol:y Committee 1. Appoint One At-Large Member (City Clerk Transmittal 7/16/98, Two Applications, Press Release) 8 14. OLD BU~;INI~;~ 98.135 A. Release of Water Use Restriction Imposed June 24, 1998 (City Manager Transmittal 7/16/98, Sec. 102-82 Code, Mayor Letter, PJ Article) 98.145 15. NEW BUSINESS RESOLUTION NO, R,-9$-),J_- ~,i~prove YjsLqoCare Plan Contract for Term of October 1, 1998 to September 30, 1999 - $6,500 (Human Resources Transmittal 7/14/98. R-98-34 :a/i~t[ilc:l~d ~xhibit) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY OF SEBASTIAN, THE RENEWAL OF VISIONCARE PLAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 10 98.146 Authorize City Manager to Execute Contract F9136 with Florida Department of Environmental Protection for Barber Street Sports Complex Recreational Facilities Grant (Public Works Director Transmittal 7/13/98, Contract) 11 98.147 Approve Purchase of Cushman Jr. Turf"Truckster" for Golf Course - Piggyback Florida State Contract in the Amount of $6,145 (Asst. to City Manager/Purchasing Transmittal 7/13/98, Cerjan Memo) 12 98.148/ 98.054 Proposed Contract Addendum - Solin and Associates, Inc. to Prepare City Response to State Objections, Recommendations, and Comments Report for Comprehensive Plan (City Manager Transmittal 7/17/98, Solin Memo, Proposed Addendum) 13 98.149 Water Main Assessments - Approve Appropriation and Payment of $8,501.64 to Indian River County (Finance Director Transmittal 7/16/98) 14 i I i I I I I I I I i I City of Sebastian 1225 MAIN STRE=-i' I::; 'SE'=IASTIAN, FLORIDA TELEPHONE (581) ~89-~,.3:30 u FA,'((~61) 589-~570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 22, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN sTREET, SEBASTIAN, FLORIDA AI~ AGENDA ITEMS MA Y BE INSPECTED IN TIlE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLOPJDA Individual~ shall address the City Council with respect to agenda items immediately prior to deliberation o'f the item by the City Council - limit often minutes per speaker (R-97-20 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) pROCLAMATIONS.ANNOUNCEMENTS AND/OR PRESENTATIONS CITY ATTOR/~Y MATTERS CITY MANAGER MATTl~RS 98.046 1 98.141 3-4 5-29 98.092 31-32 98.119 33-39 98.135 41-44 5 10. 11. 12. 13. 14. ITEMS CARRIED FORWARD F~ROM 7/8/98 REGULAR MEETING A. Dempsey and Braddock Street Road Repairs (Public Works Transmittal 6/30/98) Request from L.I. Tree Service, Richard Fey, President - Refund of Site Plan Application Fee (City Manager Transmittal 7/1/98, Fey Letter) CITY COUNCIL MATTER~i a. Mayor Ruth Sullivan b. Vice Mayor Martha Wininger c. Mrs. Louise Cartwright d. Mr. Chuck Neuberger e. Mr. Larry Paul CONSENT AGENDA All items on the consent agenda are considered to be rou#ne and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 7/1/98 Workshop, 7/8/98 Regular Meeting, 7/10/98 Special Meeting Approve Revised Budget Calendar for Fiscal Year 1998/1999 - Revised Public Hearing Dates (Finance Director Transmittal 7/16/98) PUBLIC HEARING - None II~KOPlJCTION OF NEW BUSINESS FROM Ttt~ P~LIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/Rg;COMMENDATIONS A. t3uclget AOvi~gry Committe~ Appoint One At-Large Member (City Clerk Transmittal 7/16/98, Two Applications, Press Release) OLD BUSINESS Release of Water Use Restriction Imposed June 24, 1998 (City Manager Transmittal 7/16/98, Sec. 102-82 Code, Mayor Letter, PJ Article) 2 I I i I I I I I I I I I I I I I I 15, I~]]~W BUSINESS 98.145 45-61 ~SOLUTION NO. R-98-34 - ~,pl~/'ov~ Yin[or, Care Plan Contract for Term, of October 1, 1998 to September 30, 1~99 - $6.500 (Human Resources Transmittal 7L14/98, R-98-34 w/attached exhil0i0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGF_aR TO ACCEPT, ON BEI-IALF OF ~ CITY OF SEBASTIAN, THE RENEWAL OF VISIONCARE PLAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 98.146 63-76 Authorize City Manager to Execute Contract F9136 with Florida Deparmaent of Environmental Protection for Barber Street Sports Complex Recreational Facilities Grant (Public Works Director Transmittal 7/13/98, Contract) 98.147 7~78 98.148/ 98.054 79-86 Co Approve Purchase of Cushman Jr. Tuff"Truckster" for Golf Course - Piggyback Florida State Contract in the Amount of $6,145 (Asst. to City Manager/Purchasing Transmittal 7/13/98, Cerjan Memo) Proposed Contract Addendum - Solin and Associates, Inc. to Prepare City Response to State Objections, Recommendations, and Comments Report for Comprehensive Plan (City Manager Transmittal 7/17/98, Solin Memo, Proposed Addendum) 98.149 E, 87-91 Water Main Assessments - Approve Appropriation and Payment of $8,501.64 to Indian River County (Finance Director Transmittal 7/16/98) 98.o04 F. 93-100 Approve Purchase of Five Automated External Defibrillators from Physio-Controls, Inc. Using $5,350 Donated Funds and $9,507.75 Appropriated by Council from Undistributed Non- Departmental Account (Chief of Police Transmittal 7/16/98) 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F.$.) 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 A T 589-_$330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming,Meetings: Budget Workshop (if needed) - Thursday, July 23, 1998 ~ 7pm Public Forum - Wednesday, duly 29, 1998 ~ 7pm RegularMeeting - Wednesday, August 12, 1998 ~ 7pm Regular Meeting - Wednesday, August 26, 1998 ~ 7pm City of Sebas_tian, Florida Subject: Dempsey & Braddock St. Road Repairs Approved for Submittal by: Thomas Frame, City Manager Exhibits: Agenda No. ~. 0 L/(o Department Origin: Public Works Martha Campbell, Acting Director Date Submitted: 6/30/98 For Agenda of: 7/8/98 EXPENDITURE REQUIRED: $ 20,050 AMOUNT BUDGETED: $ 3,304,855 APPROPRIATION REQUIRED: $8,750 (from road materials account) S~ARY This transmittal is to request Council's approval to repair and repave streets in the area where Dempsey/Vocelle Drainage Improvements were made. Negotiations are underway with the underground piping contractor for the costs associated with the road damage. Because the roads were akeady identified for resuffacing in the City's resurfacing program and due to the'current deteriorated condition it is recommended that action be taken immediately to repair the roads. The proposed work would include repairing (recycle) the base on Dempsey from Fleming St to Braddock St. and on Braddock St. from La)port to Dempsey (5,598 S.Y. for $20,050). Resurfacing will be done on Dempsey from Fleming St. to Barber St, Joy Street, and Braddock St (658 Tons for $21,700). Resuffacing may be conducted using an existing open purchase order with Ranger Inc. utilizing funds remaining from Barber Street paving. Council action is required to approve a purchase order with Asphalt Recycling, Inc. to recycle the road base for $20,050. Funding for the project shall be from funds remaining on the Barber Street Paving Purchase Order ($33,000). An additional $8,750 appropriation is necessary in order to fund both the paving and base reconstruction for a total project cost of $41,750. RECOMMENDED ACT]ON Move to approve a purchase order with Asphalt Recycling, Inc in amount of $20,050 for road recycling, and authorize an additional appropriation of $8,750 from the road materials account. Subject: Refund request by L. I. Tree Service, Richard Fey, President regarding a site plan application fee. Approved for Submittal by: City Manager Exhibits: · Letter from Richard Fe~ EXPENDITURE REQUIRED: AMOUNT BUDGETED: rffa n/a City of Sebastian, Florida Agenda No. ~- / ~/ Department Origin: City Manager Date Submitted · July 1, 1998 For Agenda of: July 8, 1998 IAPPROPRIATION REQUIRED: ~/a SUMMARY STATEMENT Attached is a letter from Mr. Richard Fey requesting a refund of his $750 site plan application fee. Staff did proceed with the commencement of the site plan review process. Mr. Fey states the facts from his perspective. This is a matter that needs direction from the Council since I find no specific policy on this matter. RECOMMENDED ACTION Provide staffwith direction to either issue a refund or not to issue a refund. L.I. 'Tree Service, Inc. P.O. Box 0935 Roseland, Fi. 32958 (561)Sag-S660 FAX (561)589-3143 6125198 City Of Sebastian Thomas Frame-City Manager 1225 Main St. Sebastian, Ft. 32{~58 RE: Refund for mulching site plan application Dear Mr. Frame, This is in reponse to your June 15, 1998 letter. Please be advised that just after Bruce Cooper submitted the site plan application & check #7774 issued on 7112/96 in the amount of $750.00, I had a potential buyer for the Old Dixie property. i called Mr. Masserelli within a day or two, to ask him postpone all proceedings related to the site'plan application. I told him that I would have Mr. Cooper contact him if I decided to proceed with the application. He agreed to hold the money in escrow, and if I did withdraw the application, I could have a full refund. He even commented that it would be nice for the city not to have a mulching facility in their backyard, if i d'~ choose to withdraw. I received a fax on July 22, 1996. I questioned why he continued with research after my request to postpone. I did choose not to proceed with the facility and requested that the application fee be refunded. Mr. Masserelli expressed that he would get to it as soon as possible. I have been'attempting to have the matter resolved for almost 2 years. Mr. Masserelli has resigned and my fee has not been refunded. I have always felt that Mr. Masserellis intentions with any of my business -,~-': .......... ' ....... ,,:,~, to wait in order for any action to u=.,,,,,~ ~,=,= ,,,w,,y~ necjative. {was always '-'-' * be taken in any matters that involved Mr. Masserelli and the cib/. I am sure that you will handle this matter accordingly, Thank You, Richard Fey, Pres. City of Sebastian 1225 MAIN STFiI::_=T TELEFHONE (E61) ~89-.~3~0 o FAX (ES';) Ea~-~E70 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JULY 1, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL The City Manager advised Council that Mr. Paul would be late. Cikv Council Pr~ent: Mayor Ruth Sullivan Mrs. Louise Cartwfight Mr. Chuck Neuberger Mr. Larry Paul (7:06 p.m.) City_ Council Absent: Vice Mayor Martha Wininger (excused) S~affPreseng City Manager, Thomas Frame City. Attorney, Valerie Settles City Clerk, Kathrvn O'Halloran Deputy City Clerk, Sally Maio Also Pre=qllE Falcon Manager, Ken Vickers City Council Workshop July I, 1998 Page Two 4. ~YORKSHOI'_I%Ii;M~ 98.001 A. l~eviem Proposed Teleg_olllrauni~gtjons Ordinance - Pages 1-55 The City Attorney briefly reviewed the model telecommunications ordinance which was prepared by a telecommunications association and redrafted by the City Attorney and City Manager to make it relevant to the City of Sebastian. The City Manager distributed and briefly explained an outline of the four basic issues for which he will need direction fi.om Council regarding the franchise agreement (see attached). Don Bertow(?), 145 Capri, Sebastian, noted that Congress is readdressing the Telecommunications Act of 1996; and suggested a short term franchise agreement based on near future indnstD, plans for the internet. City Council reviewed the telecommunications ordinance by page; and suggested revisions are listed below: Line 20 - Mrs. Can'wright asked about the definition of"annual gross revenue" and the City AttOrney suggested it be deleted Line 23 - Mrs. Cartwright suggested adding "television" before "broadcast". The City Attorney advised that the telecommunications act addresses other than television and requested she be given an opportunity to review this. Move definition of"Cable Act" down to the next line. Line 29 - Mrs. Cartwright again asked that "Cable operator" have "television" added somewhere in the definition. Mr. Vickers agreed that there seems to be specific clarification between a telecommunications operator and a cable operator. The City Attorney said she would review this and report back. TAPE I - SIDE II (7:47 p.m.) Line 11 - Mrs. Cartwright questioned whether "cable" should be stricken and replaced with "telecowanuulcations" in the definition of"f mchisee", to coordinate with Section 32-4 on page 9. The City Manager said he had requested the City Attorney to contact the Florida Public Service Commission to ascertain its taxation of telecommunications services. The City Attorney said she would report back on Mrs. Camvright's question. Page 30 LinelO - Mrs. Cartwright suggested deleting "but not more than once during any calendar year". Council agreed. I City Council Workshop July l, 199g Page Three Page 3 Line 14 - Mayor Sullivan suggested the definition of"AddressabiliLy" be clarified. Page 6 Line 5 - Mayor Sullivan said she wanted to be sure that channels will be provided to schools. Line 19. Mr. Paul suggested that the definition of"usable space" include underground space. The City Attorney said she will look into it. Lines 7-13 - Mr. Vickers said "Telecommunication service" is the crux of the definition issue. The City Attorney said she will review federal law definitions. Mayor Sullivan noted the. reference to underground cables in section 32-20; and questioned if one utility located its lines underground, would all be required to do so. Mr. Vickers suggested adding language regarding extraordinary circumstances or with approval of the City Engineer in paragraph (b), as it currently reads in (d). Page 17 Line lO - Mayor Sullivan said this paragraph cancels out requirements of Article VI. The City Attorney said they are not canceled out because any agreement will have to be approved by Council. She also said it could be deleted since the City may never use these provisions. The City Manager stated that this should refer t~ Article V and not VI. Page 34 Line 19 - Mr. Paul suggested that, with future growth in mind, more than one technician should be required. The City Attorney suggested "sufficient technical staff". Lines 29 & 30. Mr. Paul said he had received complaints about lack of compensation for down time and had been asked to suggest 12 hours rather than 24. There was no concurrence. Line 34 . Mr. Vickers said the '96 Cable Act provides for application for renewal 36 months prior to expiration. Line 23 - Ma,,'or Sullivan questioned -efunds. The City Manager said he would have to review how to measure the time period the City spends on these applications. Revic~ Pro~ Cable Franchise Agrc;.mcnt - Pages 1-9 The City Attorney noted that this was a model franchise agreement; and that she had not looked at it all with reference to the City of Sebastian. The Ci.ty Manager said negotiation of the franchise agreement will be easier due to the fact that this is a model and allows more flexibility: and reiterated he needs direction in the four areas described in City Council Workshop July 1, 1998 Page Four the outline. He said he may need to retain someone with expertise to review the proposed agreement; and said he will come back with a cost estimate. TAPE II - SIDE I (8:32 p.m.) Discussion followed on construction permit applications and the need for someone with technical expertise for review, duplication of network channels, the creation of a citizen oversight committee, the importance of a government channel exclusively for the City, and construction bonding requirements and uses. The City Attorney explained the bond is for damage to City right-of-way and is not a guarantee of completion of the system; and noted there is also a $500 daily penalty. The City Manager and Mr. Vickers suggested alternatives to the 100% completion bond, and there was no objection to looking into those alternatives. Mayor Sullivan suggested the City Manager look to other cities' franchise agreements for fees. The City Manager said the City Attorney would do some further review on matters discussed tonight and as soon as drafts are modified he will circulate them to Council; and hopefully both readings of the Ordinance can take place in August. Mrs. Cart'wright suggested attaching a fee schedule to the ordinance. There was a 3-1 consensus of Council to impose a franchise fee of 3% on gross. 5. Being no further business, Mayor Sullivan adjourned the workshop at 9:05 p.m. Approved at the ., 1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 4 City July 1, of Sebastian 1998 Workshop i ~. Issue ~f specificity of upgrade · Technical Specification i · Channel Capacity and PEG access (City, County, and Education) · Schedule and timing 2. Performance and constructions bonds i · Minimum amounts · specific application I 3.Cu. stomer service Provisions of the proposed ordinance · Citizen oversight committee I 4. Permits and fees · Franchise Fees 3% or ? I · Hook up of City buildings via fiber .optics · Specific amounts for various permits and licenses Phase 1 Phase 2 144 As built of existing system 5-8 Complete design for capacity upgrade (84 channels) 9-12 Permit submittal 13-16 15 miles per month completed (60 miles) 17-20 15 miles per month completed (60 miles) 21-2.__~4 15 miles per month completed (60 miles) 12 months ................................... 180 miles I I i I I i I 1225 blAIN ST,~E_--'T ~ ,SEBASTIAN, FLORIDA TELEPHONE (561) E89-5330 ~ FAX (E61) E~S-EE70 SEBAS~N C~ COUNC~ MINUTES REGULAR MEETING WEDNESDAY, JULY 8, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Regular Meeting to order at 7:00 p.m, The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City q:ouacil Pres.e.~t: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPre~ent: City. Manager, Thomas Frame Acting City Attorney, Tim Williams City. Clerk, Kathryn 0'Halloran Chief of Police, Randy. White Acting Public Works Director/City Engineer, Man. ha Campbell Deputy City Clerk, Sally Maio Regular City Council Meeting July 8, 1998 Page Two 98.117A AGENDA MODIFICATIONS fiSDDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) Mayor Sullivan requested that resolutions and financial items not appear on the consent agenda. Following discussion, the City Manager was directed to use his 'discretion in placing items on the consent agenda based on whether or not the item has potential to be removed for discussion. PROL-YL~4ATIO~s, ANNOUl~CE34ENTS AND/OR PRESENTATJONS None. C~T_Y ATTORNEY MATTER~ None. CITY MANAGER MATTg;RS The City Manager reviewed the comments received from Department of Community Affairs regarding the City's Comprehensive Land Use Plan, and reviewed the issues addressed by DCA; reported that no one in Indian River County was approved a grant for defibrillators and he would bring back an item to the next agenda for funding from another source; suggested that once the water restriction is over, the ordinance should be reviewed for upgrading; reported on a problem with the Main Street pier and said staffhad submitted and been approved for funding from Florida Inland Navigation District; and advised Council that the Capital franchise agreement has been signed as of today with a few minor non-substantive changes, and stated the ordinance will have to come back for amendment. '. The City Manager introduced Attorney Tim Williams. CONSgb Y &GI ba)A ~lll irons on the ~t agenda are considered to be routine and will be enacted by one motion. There will be no separate discu&~ion of consent agenda items unle~ a member of City Council ~o request; in which even~ the item will be removed and acted upon separately. A. Approval of Minutes - 6/17/98 Special Meeting(s), 6/24/98 Regular Meeting p~dopt R~SO[UtiOn No. R-98-31_- Job INscription_ for Growth Management Director (Human Resources Transmittal 6/30/98. R-98-31 w/d~ription'~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RYVER COUNTY, FLORIDA, ADOPTING A JOB DESCRJPTION FOR THE JOB OF GROWTH MANAG~ DIRECTOR; PROVIDING FOR'INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH: AND PROVIDING FOR ~%N EFFECTIVE DATE. Regular City Council Meeting Ju~y g, 1998 Page Three 98.1t7~ C. 98.117C D. 98.136 E. 98.137 F. 98.138 G. Adopt Resolution No. R-98-32 - ,lob [~$~rig~Jgxl for Growth M~nagemc~t, Manager (Httrkaan Resources Transmittal 6/30/98. R-98-32 w/descril~tion) A RESOLIYrION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A 3'OB DESCPdPTION FOR THE JOB OF GROWTH MANAGEMENT MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF ~LUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFEC~ DATE. A40l~t,.gg,~.gJllt[gn No, g-98.33 - Job Descriptio~l fQr Building Dil-~ctor (Hurqan Resources Transmittal 6/!0/98, R-98-33 w/descti~tion,~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE JOB OF BUILDING DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE crrY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING, FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN FavFECTIVE DATE. Schedule Quasi-Judicial Hearing on July 15, 1998 for Application for Permit and Certificate of' Public Convenience and Necessity for Palm Beach Transportation dba Yellow Cab of the Treasure Coast (City Clerk Transmittal 6/30/98, Chapter 106 - Article II) Reject Colonna Construction Annual Concrete Work Bid and Authorize Staff to Pursue Less Formal Bidding Procedure Such as Telephone Quotes Based on Unacceptable Responses on Past Bids (Asst. to City Manager/Public Works Transmittal 7/1/98) Kutch Request for Use of Community Center - 11/21/98 - 4 pm to 8 pm - A/B - prOof of Age Verified - Security Paid (Ci .ty Clerk Transmittal 6/29/98, Application) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-98-31, R-98o32 and R-98-33. Mayor Sullivan removed the 6/17/98 special meeting minutes in item A, and items B, C, and D. Mrs. Cartwright removed items C and D. Mr. Neuberger removed the 6/24/98 regular meeting minutes in item A. MOTION by Cartwright/Neuberger I move to approve items E, F and G of the consent agenda. VOICE VOTE on the motion carried 5-0. .i Regular City Council Meeting July 8, 1998 Page Four 98.117A B. Al>proval of MiIllltes - 6/17/98 Special Meeting(s), 6/24/98 lg~,ular Meeting Mayor Sullivan cited the 6/17/98 special meeting minutes on page (circle 7) noting that "and his wife" should be deleted in reference to Vero Councilmember Art Neuberger. Mr. Neuberger cited the 6/24/98 regular meeting minutes on page (circle 22) noting he had said the Dempsey/Vocelle drainage improvement is "working" not "worse". MOTION by Sullivan/Neuberger I would move approval of the minutes of 6/17/98 the special meeting as amended and include the minutes of 6/24/98, the regular meeting. VOICE VOTE on the motion carded 5-0. Adopt Resolution No. 1~.-98-31_ - Job De.~..cfiptjoil f01' Gro_3vth Managemetlt, Director Mayor Sullivan said she had a problem with two jobs being divided, items B and C. The City Manager said it was his intent that these were title changes for the three people already in the positions; and they were exempt from the union. Mayor Sullivan pointed out a typo in the word "studies." Mrs. Cartwright said the name of the department had not officially been. changed, and requested a time frame. The City Manager said it was his intent to bring thi~ issue to Council at budget time and have an effective date of October 1, 1998 for all the job descriptions. Discussion took place on the manner in which these three job descriptions should be.addressed. It was decided to discuss all three at this time. TAPE I - SIDE II (7:47 p.m.) Mrs. Wininger noted the driver's license requirement is missing in the Building Director description; suggested that the requirement for education and the "either/or" allowance be tightened up somewhat. She suggested a clause that one year job experience can be substituted for one year of education be added t,-job descriptions. Mm. Cartwright noted that provisions on page 35 and 41 do allow substitution of experience for education. She requested that the sentence "Portions of the preceding experience requirements may be waived at the discretion of the City Manager." be added to the other two job descriptions. the consensus of Council to add the sentence as requested. I I I It was I Regular City Council Meeting July 8, 1998 Page Five 98.117B 98.117C 10. MOTION by Sullivan/Cartwright I would move adoption of Resolution R-98-31, job description for Growth Management Director with an effective date of October 1. VOICE VOTE on the motion carded 5-0. C. AdoCt_Resolution No. R-98-32 - Job Des~;i-Jl~tigrt fq~r Gr0,~vOa Ma~qgement Manager MOTION .by Sullivan/Cartwdght I'I1 move to adopt Resolution R-98-32 job description for Growth Management Manager with effective date of October 1, and add "Portions of the preceding experience requirements may be waived at the discretion of the City Manager." VOICE VOTE on the motion carried 5-0. D. ~l_o~t l~e, solution No, R-9g-33 - Job De$criptiQn for Building MOTION by Cartwfight/Neuberger I move to adopt Resolution 98-33 with an effective date of October 1 and the amendment under the last sentence of experience and the driver's license requirement. VOICE VOTE on the motion carded 5-0. PUBLIC HEARING Procedures for public hearings: (R-97-20 · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° StaffPresentation ° Public Input - Limit of 10 Minutes Per Speaker ° StaffSummation · Mayor Closes Hearing · Council Action Anyone F/ishing to Speak is Asked to Sign Up Prior to the Meeting, F/hen Called go to the Podium and State His/Her Name for the Record Regular City Council Meeting July 8, 1998 Page Six 98.O93 A. 98.110 B. .i I Public Heafingon C_orr~unity Development Bl0c~k Grant (CD~IG) Corrtrnercial Revitalization Grant Projecuo_Discuss Challg~ itl the Budget, Accorrlplishments and q2onstmction Schcdlale - Authorize City Manager to Submit Grant Amendment Request tO DCA For Idex]tiffed Budget ModificatiOns (tohnson Memo 7/1/98, fill0/98 CA.TF Millules'l Mayor Sullivan opened the public hearing at 8:05 p.m. Robert Johnson, Clark Roumelis and Associates, addressed Ci.ty Council and responded to their questions about the improvements and budget amendment. In response to Mr. Neuberger, Mr. Johnson said he would confu-m that low sodium lights are to be used and report back to the City Manager. Mayor Sullivan closed the public hearing at 8:15 p.m. MOTION by Ca/twrigh~in~gcr I move to authorize the City Manager to submit a grant amendment request to DCA for the identified budget modifications. (see 7/1/98 Johnson memo attached) ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Second Reading, Public He~ng and Final Adoption qf Ordinance N9~ O-98-05 (City Clerk Transmittal 6/30/98, O-98-05~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO SECTION 2-167 AND 2-171 OF TYIE CITY OF SEBAS~ CODE OF ORDINANCES RELATING TO APPOINTME2qT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALI~-ICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMIVI1TTEES FROM TERM LllhtiTATIONS; PROVIDING FOR CODIFICATION; PROVIDINO FOR SEVER. ABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 6/17/98, Advertised Legal 6/24/98, PH 7/8/98) The City Attorney read Ordinance No. O-98-05 by title, and Mayor Sullivan opened the public hearing at 8:16 p.m. There being no input, Mayor Sullivan closed the public hearing. MOTION by CarrwfightfNeuberger I move to adopt Ordinance 98-05. 6 Regular City Council Meeting July 8, 1998 Page Seven 11. TAPE II - SIDE 12. 98.119 ROLL CALL: Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwri~t ' aye - aye - aye - aye MOTION CARKIED 5-0 INTRODUCTION OF NEW BUSINESS_FROM THE_PUBLIC Which is not otherwise on the agenda - sign-up required- limit often minutes for each speaker Leonard Galbraith, 574 Benedictine Terrace, Sebastian, requested City Council investigate Jerald Smith, whom, he alleges, lied on his application for membership for the Construction Board. Sal Neglia, 461 Georgia Boulevard,' Sebastian, said that the water restriction code needs to be addressed; and suggested the restriction not be put in effect due to sufficient water. Donald smith, 208 Poinciana Street, Sebastian, suggested City Council readress the dispatch system. Bob Ashcrofl, 785 George Street, Sebastian, said Council needs to do a little better with its disputes I (8:37 p.m.) based on recent newspaper articles; and recommended looking into a better dispatch system. Mayor Sullivan called recess at 8:39 p.m. and reconvened the meeting at 8:50 p.m. All members were present. COMMITTEE REPORTS/RECOMMENDATIONS Ao 13~idget Adyisory Committee (City Clerk Transmittal 7/1/98, Seven Applications) 1. Confm'n Five Council Appointees 'MOTION by CartwrighffWininger I move to confirm the five appointees to the Budget Advisory. Committee. VOICE VOTE on the motion carried 5-0. 7 Regular City Council Meeting July 8, 1998 Page Eight 2. Interview ~ql Appoint Two At-Large Memb~ The City Council interviewed Kathleen Brauer. Mrs. Wininger questioned whether a City employee can be a member ora City committee under provisions ofFS 112.313 (10) (a), which she then read. Attorney Williams said he interpreted this provision to mean "the only restriction is that a city employee could not serve on the same committee which employs that city employee" and "the only restriction would be that she could not serve as a city counciimember.", however, he continued that FS 112.3143 (4) "would only restrict her fi.om voting on matters in which she, she or her family have a direct financial interest." Vice Mayor Wininger stated, for the record, that she is uncomfortable with a City employee serving on a committee. Mrs. Cartwright agreed. Mr. Neuberger said he thought there was no conflict. Mr. Paul said he was concerned there may be a conflict. Mayor Sullivan said it was apparent that the majority of Council had concerns. City Council interviewed Herbert Munsart. MOTION by Sullivan/Wininger I would move to appoint Herbert Munsart to one of the at-large members of the budget committee. VOICE VOTE on the motion carried 5-0. It was decided that the committee should convene while the City Clerk advertises for another member. The City Clerk said she would advertise the position to accept applications until July 17. Other Committee Matters Mr. Paul questioned whether he would still be considered the voting member on the Treasure Coast Regional Planning Council now that TRCRPC had agreed to add another regular voting member. Mayor Sullivan said that was her intent. Mr. Neuberger reported on today's Metropolitan ~larming Organization adoption of the fa'st three parts of the five year Transpiration Improvement Plan, and noted they were waiting for the City's airport request to get it in the amendment. The City Manager said he would get that information to the Airport Director. Mr. Neuberger said they had also adopted the Indian River County Horizontal Control Network, a new system of survey markers. He said he had copies available. Regular City Council Meeting July 8, 1998 Page Nine 13. OLD BUSINESS 98.075 A. A.utk0kfg~ City Manager t9 Negotiate Agreement with Indi~ River County Recreat. kon to H.,,~ndle Tennis Programs atSchumann Tennis Courts (Public Works Trarlsmittal 6~29/98, Dra~ RFP) MOTION by Sullivan/Wininger I would like to move that we authorize the City Manager to negotiate an agreement with the County but also to add that you have a representative fi.om the Friendly Tennis Club sit in with you because they have a great deal of knowledge on the program that they're offering and I think they would be very valuable in meeting with the County and Mr. Frame. Mr. Paul said he would like to have assurance that Sebastian residents have preference at the courts; and that he hoped the County did not plan to use the four new courts and leave the two old courts for City residents. The City Manager said these provisions could be added to the agreement. Mayor Sullivan called for a vote, some ayes are heard, however, at the same time Mr. Paul said he wanted to add those provisions addressed above. MOTION amended by Paul/Cartwright The motion would be to have primarily the Sebastian residents and children the primary benefactors or use of the courts through the County and also the fact of all four new courts would not be totally used by the County that the courts would be divided so you'd have at least one of the new ones tied in with one of .the old ones. Discussion followed on the amendment. It was noted that a final agreement will come back to Council for approval. The City Clerk restated the amendment "Sebastian residents and children preferred use of the courts and that the four new courts not be used by County only." ROLL CALL: Mrs. Cartwfight - aye Mr. Neuberger ~ aye Mr. Paul - aye Mrs. Sullivan - nay Mrs. W' finger .. aye MOTION CARRIED 4-1 (Sullivan. nay) ROLL CALL: Mr. Neuberger - ave Mr. Paul - aye Mrs. Sullivan - ave Mrs. Wininger - ave ~ks. Cartwright - ave MOTION CARRIED 5-0 Regular City Council Meeting July 8, 1998 Page Ten 98.118 B. City Attorney Contract (Be, port Forthc0roi~) The City Manager stated he had met with Councilmembers and been informed that two Councilmembers had no problem with the contract as it existed, two did have a numbers of problems, and one that would like to explore an in-house attorney; and that he had relayed this to the City Attorney and that she had submitted a revised contract to him. Discussion followed as to whether there was cost study for an in-house attorney and the need for it. Mrs. Cartwright stated "I think what I'd like to do fight here and now is move that we, we've just spent too much time on this in the past two years and I haven't seen any changes or progress, and I'd like to move that we, rather than go into renegotiation just offer, exercise our option, I move that we exercise our option of the thirty day notice of termination to the City Attorney". Mayor Sullivan asked, "You want to fire the City Attorney?" Mrs. Cartwright responded "Yes ma'am I do. I want to exercise our option to terminate without cause and give her the thirty day notice." Mayor Sullivan asked, "Is there support? Motion dies...." Mr. Paul said 'TII second." Mayor Sullivan stated, "Motion has been moved and supported to terminate the employment of the City Attorney. Roll call?" ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mm. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - nay MOTiON CARRIED 3-2 (Sullivan, Neuberger - nay) The. City Manager said the City Attorney had told him that if the Council was not satisfied with the current agreement she would consider resigning and stay on until such time as the Council can f'md someone. TAPE II - SIDE II (9:37 p.m.) MOTION by Sullivan I move the recommendation of the City Manager. Mrs. Cartwright asked the City Manager to repeat his statement, 10 ,i I I i I I i I I I I i I I I I I i i Regular City Council Meeting July 8, 1998 Page Eleven 14. 98.139 The City Manager said "what she indicated to me and frankly, well anyhow, her comment was that if the Council was not satisfied with the current work agreement, that she would consider resigning and would consider to stay on until such time as the Council had satisfactorily found a replacement, she'd be willing to do that and I'm just reporting that information as opposed to just an out and out thirty day drop dead date." Mayor Sullivan said that would be her motion to follow the recommendation of the City Manager, however, motion died for lack of a second. Discussion followed on whether or not Council was properly notified that she would not be in attendance at this meeting; and advertising for the position and whether it be in-house and/or contract, MOTION by Wininger/Cartwright '"I would move to repeat the action the Council took two years ago exploring both full time in-house attorney and, I don't want to say part time, contract attorney, hourly contract attorney, and I'm going to say hourly. I think its very important that it be hourly." VOICE VOTE on the motion carried 3-2 (Sullivan, Neuberger - nay) NEW us bq ss Request_for Approval to Le.,~e/Rent Fuel F.~'I~ Fagili~v to B 8: S InvesUven)$ ~lba ~ebastian Aero $¢rvjces, Inc. at Sehaa.ti~ Municipal Airport (City Manager Transmittal 6/30/98) Following a brief discussion of the proposal, assurance that the City would not pay for any removal of the existing tanks, and that if grants are not approved, the lessee would have to seek funding elsewhere; motion was made. MOTION by Paul/Cartwright I move to approve the concept of budgeting $40,000 ($20,000 enterprise fund - $20,000 grant funds) and authorize staff tO apply for an economic development grant with FDOT and to bring hack an amended lease agreement with B&S Investments for the monthly lease of the fuel farm facility. ROLL CALL: Mrs. Canwright - aye Mr. Neuberger - aye Nh'. Paul - aye Mrs. Sullivan - ave Mrs. Wininger - ave MOTION CARRIED 5-0 11 Regular City Council Meeting July 8, 1998 Page Twelve 98.140 B. Authorize City Manager to Purchase Police Departlllent Telephone System Upgrade - Lu~rlL Tedmologies for $10,971 (Police Chief Transmitlal 6122/98. Ouote) Chief White addressed City Council, noting that is an addition to the existing system. In response to Mr. Paul, the City Attorney said Mr. Paul should abstain from voting on this matter based on his employment with Bellsouth. MOTION 1}y Cartwright/Neuberger I move to waive the normal bidding procedures and authorize the purchase as a sole source purchase and authorize the City Manager to purchase the equipment and installation of the equipment needed to upgrade the police building's existing telephone system from Lucent Technologies for $10,971. ROLL CALL: Mr. Ncubcrger - aye Mr. Paul - abstained (see form attached) Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 98.065 C. ~lopt Resolution No. R-98-30 Authorizing Transf;r ~f Real Prglaerty by O_uR_Claim Deed and Acceplance ofNon-Excltl;i¥¢ l)r/lillage ~ Utility Easem~ltts - Adams & Associates Dev;I, opers, Inc. (City Manager Trans~iltill 600./.98. Proposed Quit (~lgim Deed 0lld Grant of Easement, Maps) A RESOLUTION OF THE CITY OF SEBAS~, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TRANSFER AND CONVEY CERTAIN LAND IN A PORTION OF SEBASTIAN HIGI-ILANDS, UNIT 16 TO ADAMS AND ASSOCIATES DEVELOPERS, INC., AND AUTHORIZING THE ACCEPTANCE BY THE CITY OF A NON- EXCLUSIVE DRAINAGE AND IJI]I~Y EASEMENT FROM ADAMS & ASSOCIATES DEVELOPERS, INC. The City Attorney read Resolution No. R-98-30 by title. Vice Mayor Wininger was excused from 10:05 p.m. to 10:10 p.m. The City Manager gave a brief presentation on the proposal for the City to quit claim property, along the Collier Waterway to Adams and Associates Developers, Inc. and accept drainage and utility easements from them. The City Engineer said she is not aware that the narrowing of the waterway would be a problem. John King, representing Adams and Associates Developers, Inc., said these matters xvere discussed during preliminary, plat approval for Collier Creek Estates, gave a brief history on negotiations with the City Attorney and approval by both attom~'s in June of 1997, and said now that they have begun Phase III the land swap becomes relevant. He said the purpose of this is to correct legal descriptions. 12 I Regular City Council Meeting July 8, 1998 Page Thirteen 98.046 D. 98.141 E. 15. Vice Mayor Wininger requested the 4:1 slope be noted in the resolution. Mrs. Cartwright agreed and suggested also that the quit claim deed,and the utility easement be attached to the resolution and referred to as exhibits. The City Manager also suggested that references to Collier Creek be changed to Collier Waterway (circle pages 97 and 102); and that references to 15 feet should be changed to 20 feet (circle pages 104 and 98). Mayor Sullivan moved to extend the meeting to 11 pm. there was no second, and Mrs. Cartwfight requested that just this item be finished. MOTION by Cartwright/Wining~r ' I move to approve Resolution 98-30 as amended and for the City Manager to add the 4:1 slope requirement. VOICE VOTE on the motion carried 5-0. Being no further extension, Mayor Sullivan adjourned the Regular Meeting at 10:33 p.m. The following items will be addressed at the next regular meeting: Dempsey and Braddock Street Road Repairs (Public Works Transmittal 6/30/98) Request ~om L.I. Tree Service, Richard Fey, President - Refund of SitePlan Application Fee (City . Manager Transmittal 7/1/98, Fey Letter) CITY COUNCIL MATTERS Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 13 FORM 8A LAST NAME--FIRST NAME --MIDDLE NAME MAILING ADDRESS 17o/ CITY DAT~ ON WHICH VOTE OCCURRED MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE NAME OF STATE AGENCY MY POSITION IS: ~/ELECTIVE APPOINTIVE WHO MUST FILE FORM 8A This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting con- flict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION'112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective state office may vote on a measure which inures to 'his special private gain; to the special gain of a principal by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business hssociate. However, if the officer votes on such a measure he must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. For purposes of this law, a ~relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). APPOINTED OFFICERS: A person holding appointive state office may vote on a measure which inures to his special private gain; to the special gain of a principal by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special pdvate gain of a business associate. However, the officer must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communication, whether made by him or at his direction. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A %usiness associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: * You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. * A copy of the form must be provided immediately to the other members of the agency. * The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT/Tlq-'~}~ MEETING: ( ~/~/f,. - YOU must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the'mmu~s of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the ageacy, and the form must be read publicly at the next meeting after the form is filed. CE FORM SA - IO-t}l P..\Gi] ' DISCLOSURE OF STATE OFFICER'S INTEREST /' hereby disclose that on d (a) A measure came or will come before my agency which (check one) inured to my special private gain; __ inured to the special gain of my business associate, __ inured to the special gain of my relative, __ inured to the special gain of whom 1 am retained; or ~ inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: .i I , whl Date Filed I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED] DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT 10 EXCEED $5,000. City of Sebastian 1225 MAIN STRE_--T a SEEASTIAN, FLORIDA ~,"~,--, TELEPHONE (E61) 589-5330 o FAX (561) MINUTES SEBASTIAN CITY COUNCIL I SPECIAL MEETING FR.[DAY, JULY 10, 199S - 7:00 P.M. CITY COUNCIL CltAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the meeting to order at 7:00 p;m. ROLL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger (excused absence) Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul ~.taff Present: City Manager, Thomas Frame Attorney, Rene Van de Voorde City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Special City Council Meeting July 10, 1998 Page Two 98.142 SPECIAL MEETING ITEM~ Called by Mayor Sllllivan to Examine Public Allegatiorl~ of Possibl~ Improper Aukhodzation arlql $1~dirlg of Public Funds for Cikv Personnel by the City Manager and Discuss Po~i. bl¢ Violation City Charter in Hiri~ Piing:rices (Mayor Letter 7/8/98. Massarelli AgreemenLs. Purchasing Ordinance, City Charter Sv~tions) Mayor Sullivan said the meeting was called based on public allegations, that Council had been provided with sections of the Charter, there would be no discussion, and said she agreed with obtaining a legal opinion on these matters as requested by Mr. Frame in a newspaper article. MOTION by Neuberger/Sullivan I formally request a written legal opinion from City Attorney Valerie Settles on the following four items. 1. Is the City Manager authorized to spend public fimds for hiring city personnel, without prior City Council approval? 2/Did the City Manager violate the financial terms of Mr. Massarelli's employment agreement by paying Mr. Massarelli severance pay when he resigned? 3. Is the City Manager authorized to sign employment agreements, without the prior knowledge and approval ofthe agreements content by the City Council? 4. Did the City Manager violate the City Chaff[er when he hired a C!ty Attorney for the code enforcement board? Mrs. Cartwright requested the motion be repeated, and Mr. Neuberger distributed it in written form (see attached) and reread it. ROLL CALL: Mrs. Cartwright - nay Mr. Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye Mrs. Wininger - absent MOTION TIED 2-2 (No vote) Being no further business, Mayor Sullivan adjourned the meeting at 7:05 p.m. Approved at the ,1998, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Ruth Sullivan Mayor I I I I I I I I i I I I i I I I i I I I formally request a written legal opinion from City Atxomey Valerie Settles on the following four items. I. Is the City Manager authorized to spend public funds for hiring city personnel, without prior City Council approval? 2. Did the City. Manager violate the financial terms of Mr. Massarelli's employment agreement by paying Mr. Massarelli severance pay when he resigned.. 3. Is the City Manager authorized to sign employment agreements, without the prior knowledge and approval of the agreements content by the City Council? 4. Did the City Manager violate the City Charter when he hired a City Attorney for the code enforcement, board ? i i I I i City of Sebastian 1225 MAiN STR[~ET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (.561) 589-5570 AGENDA TRANSMITTAL SUBJECT: Changes Necessary to Agenda No. FY 98/99 Budget Calen~ Dept. Origin: Finance Finance Direct~ .Date Submitted:~I7/16/98 Approved For Submittal By For Agenda of: 07/22/98 /~.~.6~ g..~~~ibits: F~98/99 Buaget City Manager. ~ Calendar EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $ 0 SUMMARY STATEMENT The City has revised the tentative Fiscal Year 1998/1999 Budget Calendar containing proposed dates to meet the Florida Truth In Millage (TRIM) requirements. Only future dates have been revised. RECOMMENDED ACTION Recommend the Council approve the revised Fiscal Year 1998/1999 Budget Calendar. DATE April 22 April 22 April 20-24 May 1 May 6 May 29 June 8-12 June 26 July 13 July 21 July 23 July 24 August 14 September 10 September 18 September 22 September 25 . .~~.tober 1 FISCAL 1998-1999 BUDGET CALENDAR DAY Wednesday Wednesday Mon- Fri Friday Wednesday Friday Mon - Fri Friday Monday Tuesday Thursday Friday Friday Thursday Friday Tuesday Friday Thursday EVENT Regular City Council Meeting Adopt Budget Calendar Amended Capital Improvement Budget for FY 97/98 approval by Council FY 98 Mid-Year Operating Budget review by Department Heads FY 99 Formal Budget Packets to Dept. Heads FY 98 Mid-Year Budget Revisions for Council approval Dept. Heads Present FY 99 Operating Budget Requests to City Manager Dept Head/C.M./F.D. FY98 Operating'Budget Meetings County Property Appraiser Certifies Taxable Value within Jurisdiction of City City Manager Forwards Draft of 1998-1999 Budget to Mayor and Council City Council Workshop of Proposed Budget City Council Workshop (if required) City Manager Advises Property Appraiser of: a) Proposed Millage Rate b) Current Year Rolled-Back rate and c) Day, Time & Place of First Public Hearing '. City Manager Forwards Tentative Budget to City Council First Public Hearing - Budget. Council adopts Preliminary Millage Rate and approves 15t Reading of Budget Ordinance Advertise Budget Summary, Millage Rate and Notice of Final Public Hearing in Newspaper Final Public Hearing - Budget. Adopt Millage Rate Resolution and Budget Ordinance Finance Director Forwards Copies of Ordinance Adopting Millage Rate and Budget Ordinance to Property Appraiser, Tax Collector & Dept. of Revenue New Budget Goes into Effect City of Sebastian 1225 Main Street Sebastian, Florida 52958 Telephone (561) 589~5330 FAX (561) 5&9-5570 Subject: Budget Advisory Committee Approved for Submittal by: City Manager Exhibits: Two Applications No. Department Origin: City CIerk~f~ff~ Date Submitted: 7/16/98 For Agenda of: 7/22/98 ExpenditureN/ARequired: [ AmountN/A Budgeted: Appropriation Required: N/A SUMMflgY STATEMENT Resolution No. R-98-27 establishes a Temporary Budget Advisory Committee to consist of seven members. Six members have been appointed and we have readvertised for one more at-large member accepting applications through Friday, July 17, 1998. As of July 16, 1998 two applications have been received. If any other applications are received before the deadline they will be presented to City Council under separate cover. RECOMMENDED ACTION Interview and Appoint One At-Large Member gen A. Bishop Elizabeth Ann Griffin (Will be out of tovm and cannot attend meeting) I i i i APPLIcATIoN, ~Q.~ER'V~E ON CITY BOARD/COMMiTTEE (All City Board and Committ~ Members Must be Residents of the City or' Sebastian) I ~ yOu A ~~D VO~R? ~ ~o~ o~ ~s~ ~,DV~O~?Y TdSK FORCE ~OT =~TLY ~ET='G) . ~C~anoNar ADVISOR f PPLICABLE EDUCATION AND/OR EXPERIENCE: (at'tach separate resume if necessary.) LIST ANY ~DDITIONAL (~UALIFICATiONS TO SERVE ON BOARD OK COMMrrTEE: RAVE YOU EVER BEEN CONVieTr~ 0F ANY FELONY OR ANY MISDEMEANOR INVOLVING MORAL TURP~EIN TRI$ OR ANY STATE? .. :.. ~.,.,,..... · . ., .; .. wouto You commm s~.vm~ os ^ ~o,um ov, w_x T:-r&,~ 'r~ o~(s) S~L~.C~D .~OW? ?~/.~ I he~ ~ ~a I ~ ~ali~ m hold'~ psifion for w~ ~s app~cafion is ma~. F~, I he,by app~cafiom I mdmd ~ ~ ~rep~eaafion or omsion of ~om~on re~t~ ~ ~s application ~ mmn for ~s~cafion or ~ov~. i have b~n provid~l with, read and under~trmd City of Sebastian Code of Ordinances Sections 2-16i~ through 2-173 (atto&at). Information r~tative to a ~ific bo~.~tt~ is available ifreque~te& App ~i~,~%i..~hattu~ Subscfibed~,and mm to. before me tl-ds--/~"~' '~d_ay of,,~,_. , l?f'o°, by APPI.J~ATiON TO SERVE ON CITY BOARD/CQMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME PHONE:,~% .~._[~ 0 HOME FAX: ~ YOU A ~GIS~D VO~? VO~R ~O. NO. HOW LONG ~ YOU BE~ A ~m~'OF SEBA5~? ~' ~ ~ DO YOU C~Y HOLD ~ P~LIC O~CE? ~ O DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? ~ O WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON 'WHICH YOU ARE INTERESTED IN SERVING IN ORDEK OF PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD ~m~i~,c.~P~ m.~-~AI.U^~ON Pn~aN~ ~D zo~ co~s~oN },ouc~ mm~'~ ~o,~ o~ T~usT~s ~cn^::os~ ~D~SO~¥ BO~ rn~wso~ BO~ PPLICABLE EDUCATION AND/OR E't3:~ERIENCE: (attach separate resume if necessary,) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: ~" L~T ~ ~D~ON~ QU~CA~ONS TO SER~ ON BO~ OR CO~EE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY OR ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ 0 WOULD YOU CONSIDF.~ SERVING ON A BOARD 0TIiER THAN THE ONE(S) SELECTED .~ov~? .,~ ed I hereby c~'tify that I am q. slifled to hold, th~ position for which this application is made. Further, I hereby authorize th~ City of S~bastian to investigat~ the Iruthfifln~ss of all information which I have provided in this application. I ~d that any misr~resmtation or ommissioa of information r~quest~d in this application is cau.~ for disqualification or r~aoval. I have b~n provided with, read and understand City of Sebastian Cod~ of Ordinauc~s Sections 2-166 through 2-173 (~gached). Information relative to a specific board or commit't~ is available if r~quesw, d. Subscril:~i. and sworn to be£orc ,.~, ~, ,-w~o,ally c, or has produced as identification. \wp- formk~, plicat, wpd I I t' I i I I 1 I I I il I I I I I I I I I I I I I I I I I I I I City of Sebastian, Florida Subject: Release of Water Use Restrictions Agenda No. ? Department Origin: City Manager Date Submitted · July 16, 1998 For Agenda of.' July 22, 1998 Approved for Submittal by: City Manager Exhibits: · Copy of Section 102-82 Sebastian Code of Ordinances · Letter from Mayor Sullivan Requesting the Lilting of Water Use Restrictions ° News Article from Press Journal Dated Jull! 16, 1998 -EXPENDITURE REQUIRED: ] AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: n/a ] n/a [ n/a SUMMARY STATEMENT On June 24, 1998, pursuant to Section 102-82 Code of Ordinances the City Council declared a water shortage emergency and caused the/Water Use Restrictions to be put in place with an enforce date of July 8, 1998. At that time, the area and the entire State of Florida was in an extended drought and subject to fire. Since that date, the weather patterns have shifted and it appears that Indian River County is back into the normal rain cycles necessary to eliminate the need to continue the current water use restrictions. Additionally, the current restrictions were written when the City was in the utility business and does not adequately address real enforceable common sense approaches to water conservation. RECOMMENDED ACTION Move to declare a water emergency to be at end and authorize the City Attorney to coordinate with City staff, Indian River County Utilities and Water District representatives in the development of revised water use restictions. Tom Frame City Manager July 12, 1998 As a follow-up to our discussion this past week, would you please place the lifting the city watering restricfiom on the earliest cozmcil agenda for consideration. Thank you, Ruth Sullivan Mayor I I I I I I I I I I I I I I I I I ! City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 Subject: VisionCare Plan - Insurance Approved for Submittal by: City Manager Thomas W. Frame Agenda No. F_~ y,/t/~ Department Origin: Huma, n Resotcr~s -Date Submitted: July 14, 1998 For Agenda of: July 22, 1998 Exhibits: ~ Resolution R-98~34 EXPENDITURE Amount Budgeted: REQLrlRED: $6,500 APPROPRIATION REQUIRED: No SUMMARY STATEMENT Vision Care, Inc. (d.b.a.) VisionCare Plan agreed to renew our vision care contract for an additional twelve (12) months at the current rates, becoming effective October 1, 1998, with the acceptance of the attached contract. RECOMMENDATION Move to approve and adopt VisionCare Plan contract for the term of October 1, 1998 to September 30, 199c at the current rates. RESOLUTION NO. R-98-34 A RESOLUTION OF THE CITY OF SEBASTIAN, [NDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY OF SEBASTIAN, THE RENEWAL OF VISIONCARE PLAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS 131 CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian provides VisionCare Plan insurance coverage to its employees; and WHEREAS, the City has a no increase of those premiums. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION L The City Manager is hereby authorized to enter into an agreement with VisionCare Plan for vision insurance coverage. SECTION 2. CONFLICT. That all resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. That in the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution 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 Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. This Resolution shall take effect immediately upon its adoption. .I I I i I i I I I I I i i I I I I I I The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to ,.~ the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise R_ Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger of The Mayor thereupon declared this Resolution duly passed and adopted this ,1998. day CITY OF SEBASTIAN, FLORIDA ATTEST: · Kathryn M. O'Halloran, CMC/AAE City Clerk By: Ruth Sullivan, Mayor (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney VISIONCARE CONTRACT PLAN "EXHIBIT 1" Vision Care, Inc. d/b/a VisionCare Plan (A licensed PLHSO under Chapter 636, F.S. ) and Citg o~ Sebastian (Hereinafter Called G~roup) Agree as Follows: This contract supersedes and replaces ang previousig contract. issued VisionCare Plan shall provide a Panel o~ Doctors to perform services ~or eligible persons as described under "Eligibilitg," subject to the. terms and conditions of this Contract. This Contract shall be effective ~rom the first dag of October 19~8, for an initial term o~ t~elve (12) months and continuing thereafter ~or periods o~ tmelve months each until terminated bg either partg upon sixtg (60) dogs written notice prior to the anniversarg date. The provisions and conditions set forth on the ~ourteen (14) pages shall ~orm a 'part o~ this Contract as ~ullg as i~ recited over the signatures hereto a~ixed. '. In Witness Whereo~, the parties have caused this Contract to be executed at Tampa, Florida, this .... dog o~ ........... 1998. '. Citg of Sebastian Vision Care, Inc. (Authorized Signature) Title .................... Date ..................... VisionCare Plan Form FL207118 (Authorized Signature) Title .................... Date ..................... OFFICE~ NATION'WIDE i I I i i I I I I i I i I I I i I i I VISIONCARE PLAN ~UALIFICATION~ To participate, Croup must meet the guidelines of a Federalig Ouali~ied Section I25 P~ogram, and comply with the ~ollo~ing provisions. ELIOIBILITY All ~ull-time employees are covered for vision care on the first o~ the month ~ollowing the group's waiting period requirements o{ sixtg (40) dags of continuous emplogment. Full-time is defined as those employees who work at least thirtg (30) hours per week. If the necessary pagroll ~eductions have been agreed to and dependent coverage is selected, dependents a~e required to retain their vision care coverage for a minimum of one ~ea~. Eligible dependents, ~ho are not covered du~ing the initial enrollment period mag not be covered until the next Section 1~5 anniversary. Dependent coverage shall be effective on the same dag as the employee/member. Changes in en~ollment election b~ existing plan enrollees during a plan gear are allowable i~ both the revocation and the new election are on account o~ an consistent ~ith a change in familg status uhich is acceptable under the rules and regulations adopted bg the Department o~ Treasurg that are incorporated in the Group's Section 1~5 Plan. DEPENDENTS - Dependents eligible are the eligible emplogee's spouse and unmarried dependent children o~ an insured emplogee who is dependent on him/her for financial support, who is a natural child, legallg adopted child or a step-child mhd lives with the employee in a regular parent-child ~elationship. Dependent children ~ill be covered until the end o~ the ~ear in which theg reach age twentg-~ive providing that the child is still dependent and is living at home, or the child is a full of part-time student. An unmarried child over twentg-~our (~4) ~ears o~ age shall be eligible as a dependent if he is incapable of sel2 support because o~ phgsical o~ mental incapacitg that commenced p~io? to reaching a~e twenty-five (~5) and is chie~Ig dependent upon the emplogee for support and maintenance. I~ a claim is denied ~or the stated reason that the child has attained the limiting age for dependent children specified in the contract, the burden shall be on the O~oup to establish that the child is and has continued to be handicapped. Coverage ~o? newborns and/or adopted children will take effect on the date of birth and/or date of adoption. Premium payment i~ required, must be made within the thirtg one (31) da~ period in order to continue the coverage. OFFIC%~. N,.;.TIONWIDE VISIONCARE PLAN TERMINATION OF EMPLOYEE COVERAOE - An emplogee's coverage gill terminate on the earliest of: 1. The end of the month in ~hich he or she ceases to be emp loged; 2. The end o~ the month in mhich he or she no longer qualifies ~or full-time emploument as defined above; 3. The end of the period for mhich premiums have been paid for his or her coverage; or 4. The date the policg cancels. TERMINATION OF DEPENDENT COVERAQE - A dependent's coverage mill terminate on the date he or she no longer qualifies as a dependent. An emplogee's dependent coverage will terminate on the earliest of: 1. The date his or her empiouee coverage terminates; 2. The date he or she no longer quali~ies ~or dependent coverage; 3. The end o~ the period for which premiums have been paid for dependent coverage~ or 4. The date dependent coverage cancels. On termination of coverage an for:' emplouee/dependent mag qualifg 1. An extension of coverage as described in the extension of benefits provisiom 2. A continuation of coverage under COBRA legislation; and 3. The health conversion provision. OPEN ENROLLMENT PROVISION - This group contract provides for an annual open enrollment for dependent coverage coincident math the plan anniversaru date. A thirtq (30) daf open enrollment period mill be available for coverage to be effective on the plan anniversaru date. BENEFITS I. DEDUCTIBLE The following benefits (emergencu benefits) are available to each eligible person from anU participating VisionCare Plan Panel Doctor at no cost to eligible person provided eligible person follows the proper procedures bu obtaining a VisionCare Plan Benefit Form and presenting it to the doctor in advance. EXCEPT, that there shall be a deductible amount o~ $10.00 for the examination and $15.00 for ant prescribed materials potable out-of-pocket bg the eligible person to the panel doctor at the time of service. OIrFICL~ NATIONWIDE ..i I I I i i I I i I i I I I I i I I I I I I i i I i I I i I I I I I I I I i VISIONCARE PLAN II. VISION EXAMINATION Each eligible person shall be entitled to a vision nation once evewg twelve (1~) months as Follows: exami- Vision Analgsis - A comprehensive examination oF the Functions, including the p~esc~iption oF co~ective where indicated. visual 1) An examination ~or vision analgsis shall include the Following procedures which shall be recorded on the patient's case recold. a) Patient's histoey (personal and ~amily medical histofg, personal and {amilg ocular hlstoey, and chie~ complaint); b) Visual acuity (unaided of acuitg ~ith present collection); c) £xteenal Examination; d) Pupillary Examination; e) Visual Field Testing (Con~fontation)~ IntefnaI Examination (Direct of indirect ophthalmoscopy eecofding cup disc blood vessel status and any abno~malities)~ g) Biomicfoscopy (~inocular of monocular); h > Tonometrg~ i) Re,faction (~ith eecofded visual acuity); j) Extra ocular muscle balance assessment; k) Diagnosis and t?eatment plan, IF, because oF the patient's age of phgsicaI limitations, one of mof~ o~ the p~ocedures specified herein or any pa~t theeeo~, cannot be performed, the reason Fo~ same shall be noted on the patient's case reco~d. Lo~ Vision -Eligible persons ~ho have a low vision condition diagnosed bg a VisionCa~e Plan Panel Docto~ a~e entitled to low vision services F~om the doctor as well as ophthalmic materials of other aids prescribed bg the docto~ subject to the limitations described in "LIMITATIONS." Low Vision is a conditio~ where the usual ~ame is not adequate to support the larger or thicker lenses needed For correction. ThereFore, a special appa?atus has to be built to support the lenses on the patient's head, OFF1CI~ NATIONWIDE VISIONCARE PLAN When a VisionCa~e Plan Panel Doctoe determines the presence o~ a low vision condition, he shall request advance approval pwio? to beginning services. Se?vices and materials cove?ed may include supplemental testing, evaluations, t?ainin§, iow vision prescription services, plus optical and non-optical aids. Non-cosmetic contact lenses For Iow vision patients ale also covered, when appropriate. Following the initial service, the patient will be entitled to subsequent care consisting of an annual regular VisionCa~e Plan examination (covered by the ~egulaf VisionCare Plan plan) plus additional low vision services and materials as deemed necessary bg the doctor and approved bg 'the VisionCawe Plan consultant. III. MATERIALS A. LENSES AND FRAME - Where the vision examination indicates that new lenses of Frame of both ale necessa~g qof the pfope~ visual health and welfare oF an eli§ible person, theg will be supplied, together with such professional services as necessa~g, which shall include, but not be limited to: 1) p~esc?ibing and ordering proper lenses, 2) assisting in the selection of a new Flame, 3) veriFging the accurac~ of the finished lenses, 4) proper fitting and adjustment of the spectacles, 5) p~ogfess or follow-up subsequent adjustments to frame to maintain comfort and efficiency. Certain materials such as those described in "LIMITATIONS" a~e cosmetic in nature, and not necessaf~ For the visual welfare of the patient. The extra cost of these must be bo~ne bg the patient. These materials are available to each eligible person on following ~asis: the LENSES: available once each twelve a pfesceiption change is FR~JgE: available once each twentg-Fou~ (24) months if a ~eplacement is necessary. VisionCa~e Plan reserves the right to limit the cost o4 · frames provided b~ its Panel Doctors under this plan. The limit will be set at a level that will cover the majority o~ the frames in common use in that geog~aphicaI area. If the eligible person wishes to select a mole expensive frame th~n that allowed under the program, the cost difference shall be bo~ne bg the patient. B. MEDICALLY NECESSARY CONTACT L~NSES - Contact lenses a~e furnished under the VisionCa~e Plan when the VisionCafe Plan Panel Doctor secures prior approval F~om VisionCafe Plan Fo? the ~ollowing condition~ A) following cataract ~uf~e?g; B) when visual acuity cannot OFFIC~ NATIONWIDE i I I i I i i I I i I I I i I I I i I VISIONCARE PLAN be corrected to 20/70 in the better e§e except bg their use~ C) anisometropia of greater than 350 diopters and aesthenopia or diplopia, with spectacles; D) keratoconus diagnosis where contact lenses is the treatment o~ choice; E) monocular aphakia and/or binocular aphakia where the doctor certifies contact lenses are medicallg necessarg for safetg and rehabilitation to a productive life. Contact lenses furnished under the above provision are on a paid-in-full basis unless it is determined bg the VisionCare Plan consultant that a certain t~pe of lens is not strictlg medicallg necessarg but is cosmetic in nature. In this situation the patient will be asked to pag the cost difference above the basic medically necessarg lenses. Contact lenses once furnished under the above provisions of the plan can onlg be replaced with prior authorization by VisionCare Plan, but in no event more ~requentlg than once in ang twelve (12) month period. C. ELECTIV~ CONTACT LENSES - When patients choose contact lenses for reasons other than those mentioned above, VisionCare Plan will make an allowance o~ $100.00 toward their cost in lieu o~ ail other benefits ~or that gear. Participants will not be entitled to a separate exam and lens allowance, but instead, an all encompassing ~lat allowance. LIMITATIONS EXTRA COST ITEMS: This plan is designed to cover visual needs rather than cosmetic materials. When the patient selects ang of the ~ollowing extras, VisionCare Plan will pag the basic cost of the allowed lenses and the patient will pag the additional' laboratorg cost ~or extras, plus a modest additional ~ee. 1) Oversized lenses 2) Blended and progressive lenses (no-line locals) 3) Lens coating 4) Tinted lenses (except pink #1 and pink #2) 5) Photochromic lenses 6) Frames costing more than the plan allowance 7) Faceted lenses B) Other cosmetic items bi LOW VISION CARE PLAN BENEFIT LIMITS: Prior Aut-horization - When a .Panel Doctor suspects a low vision condition, he shall write up his findings and send it to VisionCa~e Plan for review bg their optometric consultants. I~ the consultants concurs that the patient is eligible, and that the doctor is correct in his initial assessmen~ of the problem, the consultants shall authorize suppiementarg testing bg the doctor. Supplemental testing is paid bg the ()FFIC~ NATIONXVIDE VISIONCARE PLAN plan with no co-pagment required bg the patient for this bene4it. This benefit is also not subJeCt to the contract deductible(s) as described above. The purpose of the testing is to determine the nature o4 the problem and to allow the doctor to gather enough facts to propose a treatment plan. Co-pagment - After supplemental testing has been completed, the doctor shall write up his treatment plan and send it to the VisionCare Plan consultants. Theg will review the plan and, after approval, VisionCare Plan will authorize pagment for the approved plan on a co-payment basis in an amount not to exceed a total o4 $1,000.00 each two gears, with the patient paying 25% up to $250.00 and VisionCa~e Plan paging 75% up to $720.00. This plan of treatment must be approved bg both VisionCare Plan and the patient. The benefits for the completion of the approved treatment plan are not subject to the contract deductibleCs) as described above. NOT COVERED: There is no benefit for professional services or materials connected with: 1. Medicallg necessarg contact lenses, except with prior authorization. 2. [~rthoptics or vision training, subnoemaI vision aids, aniseikonic lenses, piano (non-prescription) lenses or glasses secured when there is no prescription change. 3. Lenses and frames furnished under this program which are lost or broken will not be replaced except at the normaI intervaIs when services are otherwise aYaiIable. 4. ~edica! or surgicai ~reatment of the eges. ~. Services or materials provided as a result o~ ~orkers' Compensation law, or simiIar legislation, or obtained through or required bg ang government agencg of program whether Eede~ai, ~tata, or ang subdivision thereof. & ~ng ege examination ?e~uired bg an empIoger as a condition of emplogment, or an~ service or material provided b~ ang other vision care plan, or group benefit plan containing benefits for vision care. 7. ~ the covered person does not obtain th_ VisionCare Plan Benefit Form in advance, but visits the Panel Doctor as a private patient, the Panel Doctor is not obligated to accept VisionCare Plan fees as full pagment for these services, but mag elect to charge his usual and customarg fees. 8. Two pair o4 glasses in lieu o4 bifocals. VisionCare Plan mag at its discretion waive ang of the plan limitations if, in the opinion of our optometric consultants, this is necessary for the patient's visual OFFICF~ NATIONWIDE ' ' ViSIONCARE PLAN COORDINATION OF BENEFITS PROVISION When a plan participant is covered under more than one vision plan, the benefits to be paid under this plan for care, services or supplies ~ill be coordinated with the benefits to be paid or entitled to be paid from other plans so that the benefits from all plans do not exceed 100% of his of her allowable expense. The order o~ benefit determination shall ~ollow the NAIC rule guidelines. CONVERSION PROVISION Upon termination of benefits for vision coverage under this plan due to emplogment termination/reduction in hours below eligible status, death of the emplogee, upon termination coverage of the empIogee's spouse, while the empIogee remains covered under this plan, by reason o~ ceasing to be a ~ualified familg member under this plan, annulment or dissolution of marriage where the former spouse is dependent for financial support or children reaching limiting age or ceasing to ~ualifg as a familg member under this plan ant emplogee or dependents mag convert to an individual vision policy provided: 1. Application and premium pagment is made within -the thirtg one (31) dad period a~ter the date benefits terminate and, 2. Coverage under this plan had been continuously in ~orce at least three (3) months prior to termination. 3. A subscriber or covered dependent shall not be entitled to have a converted contract issued to him if termination of his co~erage occurred for ant of the following reasons: a. Failure to pay any required premium or. contribution. b. Replacement of any discontinued coverage b9 similar coverage within thirty-one (31) days. c. Fraud or material misrepresentation in applging for ant benefits under the VisianCare Plan contract. d. Willful and knowing misuse of the VisionCare Plan identification or member handbook or certificate bt'the subscriber. e. Willful and knowing furnishing to the organization bg the subscriber of incorrect or incomplete inTormation for the purpose fraudulentIg obtaining coverage or benefits from the organization. f. The subscriber has left the geographic area of VisionCare Plan with the intent to relocate or establish a new residence outside the organization's geographic area. g. Disenrollment for cause. When the requirements o~ 1., 2. and 3. herein have been met, VisionCare Plan mag disenrolI a subscriber for cause if the subscriber's behavio~ is disruptive, unrulg, abusive, or uncooperative to the extent that his continuing membership in the organization serious!g (/FFIC~ NATIONWIDE VISIONCARE PLAN impairs the ov§anization's ability to furnish appropriate sevvices to either the subscriber ov othe~ subscribers. EXTENSION OF BENEFIT PROVISION I~ service ~o~ an eligible person he?eundev is being rendered as of the termination date o~ this coverage, such service shall be continued to completion but in no event beyond nine (~) months a~tef the termination date o~ the contract. VisionCave Plan ~ese~ves the fight to reJect any and ail claims ~of services of benefits which ave ~iled with it mole than ninety (90) dags a~tev completion of services. PLAN CRIEVANCE 'PROCEDURES The VisionCa~e Plan Quality Assurance and Improvement program p~ovides the plan's g~ievance process. A complaint of grievance may be ~o~mally ~egiste~ed by contacting the Customer Service Department at 1-800-665-3676 of by ~iting to VisionCa~e Plan, Attn: P~o~essional Relations Coo~dinato~ at P. O. Boz 303~9, Tampa, FL 33(=30-3349. The coo~dinato~ will. investigate the p~obiem, compile all ~elevant facts and ~o?wa~d the complaint/grievance to the QA&I Committee. The GA&I Committee member will ~eview the case in a confidential manner with the appropriate pa~ties and ~ecommend a solution. The p~oposed action will then be ezplained to the panel docto~ and plan participant. Any dissatisfaction with the g~ievance fesolution peoposed by the QA&I Committee ma~ be directed along with the original complaint to the Department o~ Insurance O~ ~e~uest arbitration pursuant to Chapte~ 682 F.S. OFFICE~ NATIONWIDE NOTICE OF VISIONCARE PLAN CANCELLATION OF CONTRACT PROVISION Except foe nonpayment o~ premium or termination o~ eligibility VisionCa~e Plan may not cancel or otherwise terminate or fail to renew a contract without giving the subscriber at least forty-five <45) days' notice in ~riting o~ the cancellation, termination, or non??naomi of the contract. The written notice must state the ?mason of reasons for the cancellation, termination, or nonrenewal. The only ?masons ~or cancellation at such time other than the renewal period shall be as 2ollows: (1) The subscriber's behavior is disruptive, unruly, abusive, unlawful, fraudulent, or uncooperative to the extent that the subscriber's continuing participation seriousl~ impairs the o~ganization's abilitg to provide services to other subscribers/ (2) Fraud or material applying for or presenting under the contract. (3) Misuse o~ the documents benefits available pursuant (4) Furnishing to the misrepresentations in ant claim ~or benefits provided as evidence o; to the contract. organization, b~ the subscriber, incorrect or incomplete information for the purposes of ~rauduIentl§ obtaining services. Prior to disen~ollment, VisionCare Plan ~ill make an e~ort to resolve the problem through the grievance procedure and will determine that the subscriber's behavior is not due to use of the services provided or mental illness. VisionCare Plan contracts issued to an emplogee holding the contract on behalf of the subscriber group, VisionCare Plan ~ill make the notification through the employer~ and, VisionCare Plan elects to tat? this action throu§h the emplo§er, VisionCare Plan shall be deemed to have complied with the provisions o~- this section upon notifying the employer o~ the cancellation, termination or nonrenewal, and the employer shall be responsible to forward the required notice to all subscribers. OENERAL PROVISIONS I. VisionCare Plan acts as a contracting agencg hereunder to enable ~roup and persons to acquire pro~essional vision care on a prepaid basis. Under no circumstances shall VislonCare Plan or ~roup be liable for the negligence, urrong~ui acts, or omissions of ant doctor, laboratory or other person or organization performing services or supplying materi~ls in connection with this Contract. Oroup agrees that neither ~roup nor its representatives or emplogees shall e~age in re,erring members o2 Qroup to any particula~ doctor, or doctors, whether or not a member of the VisionCmr? Plan Panel. ~. Each eligible person shall be entitled to obt.~in the services enumerated herein ~rom any participatin.~ Panel Doctor o~ VisionCare Plan. The names, address, s, and telephone numbers o~ participating Panel Doctors s' al! be OFFIC~.-xTIONWIDE %~iSIONCARE PLAN made available to eligible members of Group when seeking services. 3. VisionCare Plan shall have the right at all reasonable times to inspect such records of Group as VisionCare Plan deems necessarg to determine the number and eligibility of eligible persons, and ~roup agrees to make such records available at such times and on request. 4. Ali notices provided hereunder shall be deemed as having been properlg made upon depositing the same in the United States mail, postage prepaid, and addressing such notices to VisionCare Plan at its main office, or to Oroup at the address appearing last on the books of VisionCare Plan. 5. Upon receipt bg VisionCareiP[an of a reRuest for benefits from a member of Oroup, VisionCare Plan ~ill issue a Benefit Form to such member provided: CA) The request is certified bg Oroup; or CB) The member appears eligible bg reason of the latest information available to VisionCare Plan, ~urnished bg the Oroup. Benefit Forms so issued shall be assigned an expiration date, allowing a reasonable period o~ time for the eligible person to obtain services. Such Benefit Form, properlg used, shall constitute a claim against the plan, irrespective of later loss of eligibilitg bg the member or cancellation of this Contract. &. Benefit Forms authorizing services will not be issued under this Contract on or after, the date of expiration o~ the Contract. 7. The premium shall be adjusted on ang date that increased expenses are incurred bg reason o~ a change in the cha~ges imposed bg public bodies, such adjustments being limited to the amount o~ charge. OI:FICE~ .~..kTIO~'WlD£ I I I I I i I I I I i I I I I I I I ¥ISIONCARE PLAN 8. This instTument contains all of the provisions of the Contract between the parties hereto, and no p~omise or agreement not contained herein shall be binding on the parties unless the same is in ~riting, signed bg the parties hereto and attached to this Contract. Onlg an O~ficev o~ Directo~ of VisionCare Plan has the power to change, modi~g or ~aive the provisions of this ContTact, and then onlg in ~Titing. Consent of eligible persons is not ~eRuired to effect ang such change. Neithe~ this ContTact, not including the pagment of money, p~ior consent of VisionCaTe Plan. ang benefits hereunde?, is assignable, except with 10. If any pTovision of this ContTact is declared invalid oT unenfo~ceable, the ~emaining provisions hereof shall Temain in full foece and effect. The failuTe of eitheT party to pTotest an~ default oe b~each shall not constitute a ~aiver of such party's Tights under this ContTact, oe such party's ~ights upon anq subsequent default oT breach. 11. This Cant?act shall be goveened by and const?ued under the la~s o~ the State o~ FIoTida. 12. This ContTact mag be amended ~rom time to time agTeement of both ~oup and VisionCaTe Plan. mutual 13. Each part~ represent it has all eeRuisite legal power and authoritg and has taken all action necessa~ or appTop~iate to ente~ into this ContTact and that its ~epresentative executing this Contract is dul~ empowered to do so. 14. With eespect to indemnification, each pa~ty shall be liable ~oe its own acts and/oT omissions and shall be liable theTefor in accoedance ~ith applicable la~. VISIONCARE PLAN NON-PANEL REIMBURSEMENT For complete cost and ~ualitg control the eligible person should select a doctor from the Participating Doctor List. Homever, if an eligible person does not mish to secure services as described in the plan from a VisionCare Plan Doctor he mag secure services from a non-participating doctor or dispensing optician and submit the bill to VisionCare Plan for reimbursement in accordance with the ~olloming schedule: PROFESSIONAL SERVICES: Vision Analysis, up to $35 MATERIALS: Sin§le Vision lenses, up to Bifocal lenses, up to TTifocal lenses, up to Lenticula~ lenses, up to F?ame, up to coNTACT LENSES: $20 $40 $60 $100 $3O Elective (exam & lenses) $150 $100 ~DeteTmination of "NecessaTy" veTsus "Elective" contact lenses undeT the non-panel TeimbuTsement schedule mill be consistent with Panel Docto~ seTvices. The above lens allowances ate lot two lenses. The amounts shomn ate maximum, and the actual amount to be paid in reimbuTsement to the membeT shall be the lesse~ the maximum shomn in the schedule fo~ seTvices, the amount charged, of the amount usually chaTged b~ the p~ovideT of such seTvices to his pTivate patients as deteTmined VisionCaTe Plan. Availability of seTvices unde~ this Teimbuesement schedule are subJect to the same time limits and deductible (except that the deductibles do not apply to elective contact lenses) as appropriate as those described for Panel services, and are in lieu of obtaining these services fTom a VisionCave Plan Panel member. OUT-OF-STATE/OUT-OF-AREA SERVICES A. Panel Member services are available throughout the United States. ~. In areas where VisionCave Plan does not have Panei Doctors nearby, the member ma~ obtain service (eme~genc~ sevvices) from an~ licensed practitioner and receive reimbursement under the above schedule. OFFICE]S .~ATIONWIDE I I I I I I i I I I I i i I I I I i VISIONCARE PLAN PREMIUM RATES Pagments bg Q~oup to VisionCa~e Plan fo~ services and materials p~ovided he~eundee dueing the initial te~m shall be $4.59 per coveted emplogee/membe~ per month $15.10 extra ~o~ coveted dependents pe~ month Pagments ave due on the first dag o4 each month, a g~ace period o4 thivtg one ¢31) da~s is provided for late premium pagments, if the premium is n~t paid bg the end o4 the g~ace period the conteact ~iiI be cancelled foe non-pagment o~ p~emiums effective the last da~ of the §~ace period. A p~emium ~iI1 be pagable for the geace period. A~te~ the initial term, Vision~aee Plan mag change the above mates upon 'sixtg (~0> da~s ~itten notice p~io~ to the annive~sa~ date. OFFICE~ ,~ATIONWIDE i ,, City of Sebastian, Florida Subject: DEP Contract for Grant at BSSC Agenda No. Approved for Submittal by: Thomas Frame, City Manager Department Origin: Public Works ._. Martha S. Campbell, P.E. Date Submitted: 7/13/98 For Agenda of: 7/22/98 Exhibits: Contract F9136 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The Florida Department of Envimrmaental Protection, Florida Recreation Development assistance Program (FRDAP), has granted the City of Sebastian $100,000 for the development of recreational facilities at Barber Street Sports Complex. Improvements included in the grant are: Basketball Court, Soccer Field, Football Practice Field, Picnic Field, renovate Playground, renovate Storm Shelter, Restroom, Landscaping and Other Related Support Facilities. EXhibit 1 is the contract requiring approval by the City. In-kind match funding of $33,334 is required. This project is shown in the City's Capital Improvement Program for FY98 and FY99. RECQMMF. aNDED ACTION Move to authorize the City Manager to execute Contract F9136 with FDEP for BSSC recreational facilities. F9136 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of , 19 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the City of Sebastian, hereinafter called the GBANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the part-les hereto agree as follows: 1. This Agreement shall be performed in accordance with Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Disputes concerning the interpretation or application of this Agreement shall be resolved by the DEPARTMENT whose decision shall be final and Page t of 13 binding on the GRANTEE. The DEPARTMENT may cancel Zhis Agreement for failure by the GRANTEE to perform pursuant to the te~ms and cond.~ ,~i~.~. ~ of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known Barber SEreet Recreation Complex (Florida Recreation Development Assistance Program, FRDAP Project Number F99136), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements on real property, the legal description of which is set forth in the PROJECT application. The PROJECT application is incorporated into this Agreement by reference as if fully set forth herein. 3. The GRANTEE will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified for good cause by the DEPARTMENT: Basketball Court, Soccer Field, Football Practice Field, Picnic Field, renovate Playground, renovate Storm Shelter, Restroom, Landscaping and Other ~elated Support Facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $100,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon Ehe following: Psce 2 of 13 DEPARTMENT Amount $ 100, 000 GRANTEE Match $ 33,334 75% 25% Type of Match Cash and/or In-Kind Services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. The DEPARTMENT'S Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date under this Agreement and, if the work and payment request are in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT shall retain 10% of the entire DEPARTMENT amount until completion of the PROJECT and all PROJECT completion documentation, as described in the Florida Recreation Development Assistance Program Completion Documentation, DEP Form 42-006, is submitted to the DEPARTMENT by the GRANTEE. 5. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Development Project Commencement Documentation Form, DEP Form 42-005. 6. The GRANTEE shall comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, and incorporated into this Agreement by reference as if fully set forth herein. The GRANTEE shall ensure that all purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement Page 3 of 13 procedures. Expenses representing the PROJECT costs, including required matching contribution, shall be reported to the DEPARTME~. and summarized on certification forms provided in the PROCEDURE. The PROCEDURE establishes uniform guidelines to be utilized by the DEPARTMENT and the GR~TEE in accounting for PROJECT funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. 7. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEP~uRTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the retention period. 8. PROJECT funds may be reimbursed for eligible costs incurred by GRANTEE prior to execution of this Agreement if the GPJLNTEE has been granted a written Waiver of Retroactivity by the DEPARTMENT.and all applicable requirements have been satisfied. The DEPARTMENT and the GRAi~TEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPAt~TMENT for any obligation or expenditure made prior to the execution of this Agreemen~ with the exception of $ 0 , for: N/A Page 4 of 13 9. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and must be made prior to PROJECT completion date. 10. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement.requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to reflect the construction work accomplished. 11. Ail monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. 12. Each party hereto agrees that it. shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either Page 5 of 13 party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 13. The GRANTEE shall comply with all federal, sta~e and local rules and regulations in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The GRANTEE further agrees to ensure that the GRANTEE's contract will include this provision in all subcontracts issued as a result of this Agreement. 14. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 15. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions Of Chapter 119, Florida Statutes. 16. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with this Agreement, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GPJ~NTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. Page 6 of 13 17. The DEPARTMENT shall also have the right to demand a refund, either in whole or part, of the FRDAP funds provided to the GRANTEE for non-compliance with the terms of this Agreement. The GRANTEE, upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Such refund shall include interest calculated, at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund due. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT. 18. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 19. Reimbursement of eligible travel expenses shall be subject to the requirements of Section 112.061, Florida Statutes. 20. Allowable indirect costs shall not exceed 15%'of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 21. If asphalt paving is required for the PROJECT it shall conform to the Florida DEPkRTMENT of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards To be paved. Page 7 of 13 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits ~f~..".'.'<ii'? funding or a portion thereof, from the Florida DEPARTMENT of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication must be recorded in the public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if on GRANTEE-owned land and purchased or developed with FRDAP funds, shall be managed for outdoor recreation purposes for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion Certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, permit, license, easement, management agreement or other valid interest and developed with FRDAP funds, shall be managed as an public outdoor recreation area for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Such PROJECT shall be op=n at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the PROJECT site to a use or uses other than DEPARTMENT approved public recreational uses, the GRANTEE shall replace the area, facilities, resource and site at its own expense Pace 8 cf 13 .! with a project of comparable scope and quality acceptable to the DEPARTMENT. In lieu of accepting a replacement facility, resource site, the DEPARTMENT may require return of all FRDAP funds with I applicable interest. 24. The employment of unauthorized aliens by any GRANTEE is I considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 25. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 26. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 27. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: Paae 9 of 13 (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes; or (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 28. Pursuant to Section 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated from the.latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will resulZ in a delay in the payment. A Vendor Pace 10 of 13 Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 29. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE, interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 3 (1997-98) dated Decembe~ 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT's Contracts Section at 850/922-5942. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, Page 1! of 13 and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 31. In addition, a copy of the audit or attestation as required in paragraph 27, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 32. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 33. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of th~. parties hereto, and attached to the original of this Agreement. Page 12 of !3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF SEBASTIA/~ By: By: Division Director or Designee Division of Recreation and Parks Title: Address: Address: Bureau of Design and Recreation Services 1225 Main Street Division of Recreation and Parks Sebastian, Florida 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Manager 32958 Approved as to Form and Legality: This form has been pre-approved as to form and legality by Paige Hammond, Assistant General Counsel, on May 27, 1998, for use for one year. Grantee Attorney DEP 42-058 Revised 05-30-98 PaGe 13 of 13 I I I City of Sebastian, Florida Subject: Purchase of "Truckster" for Golf Course. Approved for Submittal by: City Manager For Agenda of.' Exhibits: Memorandum dated July 9, 1998 from Patrick Cerjan EXPENDITURE REQUIRED: $6,145 Agenda NO. Q~' / q//'7 Department Origin: City Manger Asst. to City Mg~urchasing 6L]' ~Date Submitted: July 13, 1998 July 22, 1998 AMOUNT BUDGETED: $10,000 APPROPRIATION REQUIILED: -0- SUMMARY The Golf Course has a small "truckstef' type vehicle which was purchased in 1981, and is worn out, and beyond economical repair. As indicated in the exhibit, it is basically used.as a utility vehicle in the general upkeep and maimenance of the Golf Course. The new replacement vehicle is a Cushman Jr. TurfTruckster, 18 H.P., ak cooled gasoline engine, which will be purchased piggyback off Florida State Contract. RECOM31~NDI~D .,ACTION Move to approve the purchase of Cushman Jr. TuffTmckster as stated above. SEBASTIAN MUNICIPAL GOLF COURSE MEMO[I NDUM TO: FROM: DATE: SUBJECT: Paul Wagner ~ Patrick J. Cerjan July 9, 1998 REQUISITION FOR CUSHMAN JR. TI~RF TRUCKSTER STATE CONTRACT #070-840-500 The attached requisition for the Cushman Jr. Turf Truckster which was approved in the 97/98 Budget is to replace a unit purchased in 1981 and is beyond repair. The new Cushman will- Act as a spreader for tees and greens when large machine is not appropriate. Act as a dump bed to alleviate the load on the trucksters, and the 150-gallon sprayer can be mounted to the bed for the more delicate spray areas. PJCfotm Encs. Requisition State Contract 97/98 Greens Budget Pg. 2 of Dept. 41 City of Sebastian, Florida Subject: Proposed Contract Addendum with Les Solin and Associates, Inc. to prepare the City Response to the State "ORC (Objections, Recommendations and Comments) Report." Agenda No. ~ ~- / ~//~ Department Origin: City Manager Date Submitted' July 17, 1998 Approved for Submittal by: City Manager For Agenda off July 22, 1998 · EXPENDITURE REQUIRED: $7,000 Copy of memo from Les Solin to City Manager dated July 8, 19998 Copy of proposed contract addendum ] AMOUNT BUDGETED: I ~PROPRJATtON REQUmED: to be appropriated $7,000 SUMMARY STATEMENT This month as the Council Members are aware, we received the Objections, Recommendations and Comments (ORC) back from the Florida Department of Community Affairs. As I briefed the Council under manager's comments I noted that the City had 120 days to adopt its comprehensive plan with or without the inclusions of the ORC report. As I pointed out there are a number of modifications that have to be accomplished within a very short time period. I met with Les Solin and Tom Tempe regarding the State ORC. Subsequently, I requested Mr. Solin to prepare and addendum to his present planning services contract. The contract would be to secure Mr. Solin's services in preparing the changes and necessary responses back to the Department of Community Affairs. In light of the reduction with the planning personnel, it would prudent to secure Mr. Solin for his expertise in completing the necessary tasks with the required time flame. Les Solin has requested a contract with a not to exceed amount of $7,000. He will bill on an hourly basis for reimbursement with the not to exceed amount. In order to provide adequate funding, a budget transfer ~,~ the amount of $7.000 would need to be appropriated from the Undistributed Non-Departmental Account to be transferred to the current Community Development budget. RECOMMENDED ACTION Move to approve the City Manager executing a contract addendum with Les Solin and Associates, Inc., for an amount not to exceed $7,000, and authorize the transfer of $7,000 from the Undistributed Non-Departmental Account to the Community Development Department. The available funds within the Undistributed Non-Departmental account after funding the defibrillators would be $201,092 L~STER L. ,.'~OLIN, JR., AICP PRESIDENT July 8, 1998 SOLIN AND ASSOCIATES, IN'~z', PLANNINI~ CON-~ LIt..TANTS 901 OOUGL.A~ A~.. SUITE ALTAMONTE SPFIINGS. FL :3~?14 ...... FAX 4-07-682-7206 MEMORANDUM TO: FROM: TOM FRAME, CITY MANAGER LES SOLIN, AICP, PLANNING CONSULTANT TO SEBASTIANt~ SUBJECT: CONTRACT ADDENDUM TO PREPARE CITY RESPONSE TO STATE "ORC REPORT" Attached is the draft of a Contract Addendum #2 which you directed me to .prepare. As you know time is of the essence in developing the response. The State has advised that the revisions necessitated by the State's required transportation element can be based on the Indian River County Transportation Element since the City's Transportation Element must be consistent with the County Transportation Element and requires transportation modeling services which my firm does not offer. We discussed this issue with Jeff Griswold and he advised we pursue the course suggested. The required addition of"density and intensity" policies for the "Riverfrom Mixed Use" Furore Land Use Map designation causes concern only because this issue has been very divisive locally. Bob Massarelli worked with the City's Riverfxont Committee in developing this land use designation and related zoning provisions, including a proposed density and intensity which he did not include in the Comprehensive Plan policy he recommended. W?d'fin the time flame established by the State, the City will need to reconcile this issue. Bob had advised that the Land Development Code include the following density and intensity thresholds for density and intensity which would be further moderated by required green space, off-street parking and setback standards: Maximum residential densiO,: Maxirrrum FAR East of lna~an River Drive: ~[laximvan F.4.R West of lrMian River Drive: Maxirrrum Height East of lndlan River Drive: Mcccimum lteight West of lna~an River Drive: S duiacm [Same d~zs'ily in cxi~ing MCR di~ct] .40 [F~ is not ~cl~ ~ ~g plm ~ ~e] [F~ is ~t ~l~ ~ ~g p~ ~ ~] ~ f~t [S~* h~t i~t m ~ MCR dis~t] 35 t~t [S~e hd~t ~it M ~s~ MCR alimet] Please advise me if you need further information or have any questions regarding our proposed work program We are continuing to compile an update of the Plan based on our work to date. This work in progress will consume the $4,970 dollars remaining in our current work under contract with the City. Should the City Council approve the attached addendum, obviously, we will include the revised text in the updated Plan. ADDENDUM NO. TWO TO THE CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SEBASTIAN, FLORIDA, AND SOLIN AND ASSOCIATES, INC., AMENDS THE PRINCIPAL AGREEMENT BY ESTABLISHING ADDITIONAL SERVICES PURSUANT TO §5 "ADDITIONAL SERVICES" OF THE PRINCIPAL AGREEMENT, DESCRIBING A SCHEDULE OF SERVICES, AND PROVIDING FOR COMPENSATION. THIS ADDENDUM NO. Two to the Principal Agreement dated February 16, 1996, is made and entered into this day of July, 1998, by and betweam the ~ City Council, hereinafter referred to as the CITY, and Solin and Associm~ Incorporated, heminaRer referred to as SAI. The C1TY and SAI hereinafter are collectively referred to as the PARTIES. WltEREAS, SAI has been employed by the CITY to assist in preparing the City's Comprehensive Plan Evaluation and Appraisal Report, thc Plan Amendmcn~ based on the Evaluation and Appmi~ Report, and recommended changes to the Land Development Regulations to implement the amended Comp~hcnsivc Plan; WKEREAS, SAI has lavPar~ the Evaluation and Appraisal Report, the Plan Amendments, and recommended changes to the Land Development Regulations required to implement the amended Comprehensive Plan; WltEREAS, the CITY, ~t to §5: Additional Services of the Principal Agreemcm desires SAI to provide additional planning services needed to assist in ~g the City's Response to the Florida Department of Community Afl/firs "Objections, Recommendations, and Commen~ ('ORC') Report;" Wl:m~, the CITY is comml-_~ to fimding the developnxat of the City's Response to the ~ORC Report" and SAI demes to assist in developing the "ORC lte~rf' to na~'t the CITY objective based upon an agreed upon coml~msation; NOW, THEREFORE, BE 1T RF~OLVED in considetmion of the mutual ben~fits which will accrue to the PARTIES hereto in carrying out the terms of this Addendum No. Two to the Principal Agreement, the PARTIES mutually understand and agree as follows: L INTENT AND OBJECTIVE This Addendum is in~nded to define the scope of consulting services required by the CITY to dewelop the City's Response to the ~ORC Report" for transmittal to the Florida ~ent of Community Affairs pursuant to time comqxainls impo~ sed by § 163.3184, FS and Rule 95-5.0053, FAC. This objective shall be accomplished in a manner cor~dm:nt with the scope of services identified in ~2(A) below, it shall be the respons~3oility of SAI to work with the CITY and advise the CITY of solutions to planning problems and to cam/out tasks identified in the scope of services ia return for co~ by tl~ CITY for services r~adm~ by SAI. Similarly, the City is tesponmble for confirming its desired response pursuant to thc schedule herein agreed upon in order to meet the above cited State of Florida regulatory time conswaiats. H. PROFESSIONAL SERVICES A. Scope of Services. The Exhibit 1: "Work Program" cites the agreed upon scope of services by task and any fun~ ~rk. including a stiptflmed settlement agreement (if required), shall be considered additional services pursuant to §V of the Princ/lml Agreement SAI ~hail work with the CITY's Project Manager and others as directed in can3dng out the scope of services identified in E,v~ibit 1 of this Agreement. SAI's recommendations shall be predicated on the best available e.xi~ting data and shall be pxcdicated on the requixements of § 163.3191, ~ and Rule 9J-5.0053, FAC. SAI shall coordinate with City staff, the City Council. and others as directed in developing a response to the State's "ORC Report." SAI shall present recommended Plan Amendments to the Project Manager for review and comment. SAI shall revise the recommended response as directed by thc Project Manager. City. Council. or Planning and Zoning Commission. Addtmaurn No. -' to i:~pal Agl~mmt gcm'e,m '&e C~ty of ~;obasuan and gal D~:lop C/fy R~o~r,e to Slate ~RC Reoon" C. Schedule and Deliverables. Exln'bit 2: %Votk Program ~' and Exhibit 3: "Deliverable Produ~" are hereby incorporated into thc Agreement by specific reference. Extfibit 2: "Work Prognun Schedule" may be adjusted by mutual consent of the PARTIES to reflect the actual date on which thc Agreement is ex,'uteri. Should unforeseen issues create a delay I~yond the contxol of SAL the C1TY and SAI shall negotiate a mutually agreeable adjustment in the schedule and/or work program. Should SAi's contracted services be expanded, thc compensation shall be accordingly adjusted based on a mutually agreed upon detannination All products provided by SAI shall be the prol~rty of the CITY. SAI nhall ptovid~ th~ CITY with a ootyj of dit~k~, maps, and ally other matgTial generated by SAI which is supportive to the pmlmtration af the City's Res~nse to the ~ORC Report." D. gegort Reproduction. SAI shall provide the C1TY with original copies of all memoranda and reports. SAI will provide copies as may be directed by the CITY. The cost of such additional copies shall be compensated as a reimbursable ~ in addition to the agreed upon compensation E. Meetings and/or Hearingx SAI shall make up to three (3) trips for purposed of meeting with staff and/or public officials through Oct~ 3 I, 1998. Thc schedule nhall be clued by thc Project ]~gct. Thc Project Manager will coordinate with SAI in determining thc schedule and provide nmsonable consideration for SAPs committed time. F. Commencement. SAI will begin work immediately aRet rec~pt of a ~ execu~cl copy of this Agreement. Hi. COMPENSATION The CITY agrees to pay SAI a sum not to ~ Seven Thousand Dollms ($7,000) for professional fees inclusive of direct ~ irgurmtin ~prvfmlag the ~ Plan )ammin~nts and producing an updated Comprehensive Plan_ Notwithstanding, the Project Manager may authori~ rclmhu~emcnt of any dh~t expense which was clearly -~ndcipated by the Parties to tiffs Agreement. SAI shall b/Il the CITY only for hour actu~y worked on the project. The following rates shall apply:. Prindpal $90/Hour and Planning Operations Manager $70/Hour. IV. PRINCIPAL AGREEMEWY. Addez~a~,m Two to the Princilnl Agreement includes newly agreed upon provisions governing 'Intent and Objective;' 'Professional Services,' including scope of services; schedule and delhnm~le~, rqxgt ~ meetings and/or hemiags, and commencement of project; and *Compensation_' The following provisions of the Prindpal Agreement remain in full for~ and shall apply to the full extent of Addendum No. Two to thc Prindpal Agrccmemt: · ~V · · §V~ · §viii · · §X · · §XII · ~XIII INVOICING PROCEDURE AND PAYMENTS ADDmONAL SERVICES CITY'S RESPONSIBILITIES ACCOUNTING RECORDS STIPULATIONS REQUIRED BY THE STATE DISCLAIMER OF LIABILITY TERMINA~ON SUCCEShORS AND ASSIGNS NON-DISCRIMINATION EXTENT OF AGREEMENT APPLICABLE LAW Addendum No, 2 to Prm~ Agrewtamt D~dop C;~y Response to S~a~"ORC Repo~' IN WITNESS WHEREOF, the parties hereto have mused these preterits to be executed on the __ day of July, 1998. Signed, sealed and delivered in the presence of: CITY OF SEBASTIAN Attest: Katltryn M. O'Halloran, City Clerk By: City Mayor Apprrrved as to form and correctness: City Attom,y Wimess SOLIN AND ASSOCIATES, INC. ,-~td~uJum No. ' [o Pr~apal ,kgr_ ~'nmi Betwe~m ~hc City of.g~ebasuan and D*~velop Ci~ K~--wpov~ to State EXHIBIT 1 SCOPE OF SERVICES COMPREHENSIVE PLAN AMENDMENTS CITY OF SEBASTIAN Exhibit 1 presents thc scope of services for assisting the City in prepa~g the City's Response to the State's "Objections, Rcco~cndations, and Comments ('ORC') Report' for transmittal to the Florida Department of Commullity ~. 1.00 PREPARE RECOMME~ED CITY RESPONSE TO ~ STATE'S "ORC' REPORT. SAI shall prepare a nxommended City. Re~ase to the State's "ORC Report." 1.01 Revi~e Time Frame for Objectivea and Policiea Aa Required. SAI shall coordinate with the Project Manager and oth~ as directed to daerm/ned de~Lved time lines for accomplLshing thc following objectives and policies ~ted by the State in the ~ORC Report:" Objectives: ObitS'yes (C~lmaed): 1-3.2 8-1.1 i-3.4 lhmugh 1-3.6 9-1.3 1-3.8 and 1=3.9 ~-1.5 2-1.2 Poik~: 5-1.1 3-1.4.1 and 3-1.4.2 5-t.6 md 5-1.7 4-1.1.1 6-1.1 llmmgh 6-1.5 4-1.33 6-1.7 5-1.7.5 6-1.10 6-1.2.11 7-1,2 8-1.1.5 1.02 Revise the Proposed Concurrency Management Plan as Required. SAI shall revise the Concurrency Management Plan by c3anging the date$ noted in the "ORC Report" and mi~g §4(A)(1) which e~xcmpts ~lgl¢ fnmily homes and two famiby dwellings as required by the State. 1.03 AddreasUdranSprawlIsmesldemifledbythe Stare Objective 1-3.7 shallbe revisedas requiredby the Stag to include a specific measurable iatermedime benchmark that can be attained. Establish meaning~ and txedimble standards for the use and development of land. Provide standards for incorporation in the Land Development Code to discourage sprawl 1.04 T~ Eleam~ SAI shallumavailabled~aand analysis, including the data and analysis within the Indian River County Compreh~ntsive Plan T~tion Element to prepare a City Transpo~fion ElcmcnC SAI shall not be rgspoma~ole for transportation modeling or other components of the Transpox~fion Element which may ~ ori~nal data and/or la'ana]aortation engineering expertise. Rather SAI will rely on readily available data and assessments available through governmental agencies. 1.05 Hmt~ing Element. SAI shall clarify, the affordable houdng assessment,, including methodology and data sources. A~ necessary, refinements to quantitative housing data and/or projections shall be earned out. 1.06 Public Fafilifie~ Policies 4-1.3.1 and 4-2.1A_1 shall be revised to require single family homes to connect to a central sewer system when the system passes within 500 feet of thc dwelling. Thcs~ policies shall be revised as required by. the State. Also, Policy. 4-3.1.3 shall not be deleted or, shall be revised to accommodate the requirements of the State and interests of the City. .07 Conservation Element. Policy. 6-1-2.1 shall be refised~ include the previous policy requiring a vegetated littoral zone as part of a surface aater management system In addition. Cbjective 6-1.4 and Policy. 6-1.4. i shall be revise to ~ wetland protection as required by. the State. 1.08 Future Land Use Map. Dcnsi~' and intensity, issues surrounding the "Riverfront Mixed Use" designation shall be reconciled as required by.' the State and consistent with the desires of the Ci~ Council. Ad~n,mm No.: the City cily Respon~ E-I I I I I I I I I I I I I I I I I I I I I I i I i I i i i I I i i I i I I i I EXHIBIT 2: SCHEDULE FOR COMPLETION OF WORK PROGRAM CITY OF SEBASTIAN WORK PROGRAM TASKS 1.00 RESPONSE TO ORC REPORT 1.01 Revise Time Fcames 1.02 Concurmnc.'y Management 1.03 Urban Sprawl 1.04 Translaortation Element 1.05 Housing Element 1.06 Public Facilities Public M~lings: Up to 3 Public Mcctings Scheduled EXHXBIT 3: DELIVERABLE PRODUCTS CITY RESPONSE TO "ORC REPORT" CITY OF S~.BASTIAN COMPLETION DATE DELIV~RABLEPRODUCT 1. September, 2. October, 1998 Draft Re~mmendations for City Response to State ~ORC Report" Final City Response to State sORC Report" for Transmittal to State ~ No. 2 ~o Pmm,~ ,Xgr~m,~a ~ the City o f Seb~o. an and SAi Develop. CL~ Rc~x~se zo sme"oP.c Report' City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE J561)589-5330 [] FAX (5611 589-$$70 AGENDA TRANSMITTAL SUBJECT: WATER MAIN ASSESSMENTS Agenda No. Dept. Origin: Finance Finance Directo~~ Date Submitted: 07/16/96 Approved For Submittal By For Agenda of: 07/22/96 Exhibi ts: EXPEND I TLTRE REQUIRED: $8,501.64 AMOUNT BUDGETED: $0 APPROPRL~TION REQUIRED: $8,501.64 SUMMARY STATEMENT Indian River County, Department of Utility Services, has billed the City for four assessments associated with the Louisiana Ave. Water Main, totaling $8,501.64. The 1998 capital improvement allocation for assessments was closed out when all Phase I assessments were paid, and no amount was included for Fiscal Year 1999 for Utility Assessments. RECOMMENDED ACTION Move to approve the payment of $8,501.64 to Indian River County and move to appropriate. S8,501.64 of the Undistributed 1.Tne item account in the Non-Departmental budget to pay these assessments in the current fiscal year. Telephone: (561) 770-5300 July 14, 1998 City of Sebastian 1225 Main Street Sebastian, Florida 32958-4165 BOARD OF COUNTY COMMISSIONERS "-./ DEPARTMENT OF UTILITY SERVICES.-." ~U~ ~CEI~ ~QUESTED SUEJECT: FINAL ASSESSMENT - LOUISIANA AVENUE WATER MAIN (MAll/STREET TO COUNTY ROAD 512). .. INDIAt~ RIVER CO13~TY PROJECT NO. UW-96-17-DS PARCEL I.D. NO. 06 31 39 00000 0040 00026.0 The fmal assessment for the above project was approved' at the Indian River County Commissioners' meeting on July 14, 1998. The amount of the assessment against your property is $477.57, which is a reduction from the original preliminary assessment. The following are your options for payment of the assessment: Payment in full of $477.57 by October 12, 1998. Interest charges will accrue at 8.5% simple interest from July 14, 1998 but will be waived if paid in full by October 12, 1998. OR Ten equal annual payments of principal due by July 14 of each year for ten years (belczming July 14, 1999}, plus interest at 8.5% on the outstanding balance, as shown on the attached sheet. The annual billing w/il be sent out in June of each year for payment by July. Any aznount of principal may be prepaid at any time, together with the interest accrued to date of payment. Please make the check payable to I1TDIAN RIVER COUNTY TJTILiTI~S. Our mailing address is Post Office Box 1750, Vero Beach, Florida 32961. ASSESSlYagNT PAYIKENTS: If this assessment has been prepaid, an adjustment will be forthcoming. For questions regarding payment of assessments, phone Barbara or Ann at (561) 770-5307 or customer service at 770-5300. CONNECTIONS: When yon wish to connect your home to the water system, a water impact fee {currently $1,300.00 for each single-family residence) and a meter installation charge of $130.00 will be required. In addition, a $50.00 deposit is required for each single-f2rnily residence. Note that impact fee £mancing is available for qualifying residents. For questions regarding connecting your home to the water system and the connection costs invoi/ed, contact customer service (Veto Beach 770-53001 Sebastian 589-6070). If there is anything I can do for you, please contact me at 770-5324 or Nancy at 770-5302. Sincerely, K.~.~IAMES D. CHASTAIN Manager of Assessment Projects JDC:nr Enclosure : {NLOUFAL.JDC) NOTICE · 't~is is ths' -; .... ~Ce ,,,~t will b,~ s£n: Dy otrtifird ~aif. Ali future s:~t~menrs/nolicss wi',~ bc sent vi; .gular maii. 1: is :ne resDonsi~iiitv ¢~ tn~ custnmtr · : make alt r~Su~re~ payments. If th, :us~omer faiis o r6csivethe annual s:;temont for [nv r~2son mis 2~s not nu!~/fy t~s :uS:cm~' cf this r~s~onsi~ilitv. I i i i I i I I i i i I I I I I I i ~U~ ~CEI~ ~QUESTED Ci~ of Sebasfi~ 1225 M~ Street Sebasfi~, Flohda 32958-4165 P~¢~L LD. NO. 06 31 ~9 00000 $000 00024.0 The fm~ assessment for ~e above project m approved at ~e In~ ~ver CounW Com~ssioners' mee~g on July 14, 1998. The mount of ~e assessment agmat yo~ prope~ is $5,683.72, w~ch is a reduction from ~e ofi~ pre~~ assessment. The fo~o~g ~e yo~ options for pa~ent of ~e assessment: 1. Pa~nt ~ fu~ of $5,683.72 by October 12, 1998. Interest ch~gea ~ accrue at 8.5% staple ~tereat from dffiy 14, 1998 but ~ be ~ved ff p~d ~ ~ by October 12, 1998. OR 2. Ten ~u~ of due by Jffiy 14 of each for ten pa~ents pmcip~ ye~ ye~a (berg July 14, 1999), plus ~tereat at 8.5% on ~e outa~g b~ce, as shorn on ~e attached sheet. The ~nu~ b~g ~ be sent out ~ J~e of each ye~ for pa~ent by July. ~y mount of pmcip~ may be prep~d at ~y ~e, toge~er ~ ~e ~terest acc~ed to date of pa~ent. Please m~e ~e check payable to ~ ~R CO~ ~T~IT~. Our m~g addres~ is Post Office Box 1750, Vero Beach, Floods 32961. ASSeSSmeNT PAINTS: If ~s assessment has b~n prep~d, ~ adjusment ~ be fo~com~g. For questions reg~g ~a~ent of assessments, phone B~b~a or ~ at (561) 770-5307 or customer semce at 770-5300. ¢O~CT!ONS: ~a= you ~h to eo~ct yo~ horn, to ~ ~tar ~tam, a rorer ~pact fee (~enfly $1,300.00 for ,ach s~gle-f~y residence) ~d a meter ~a~afion ch~ge of $130.00 ~ be requked. In addition, a $50.00 deposit i~ req~ed for each a~e-f~y residence. Note ~at ~pact fee fin~c~g is av~able for qu~g residents. For questions reg~g co~ec~g your home t0 ~e water system ~d ~e connection costs ~volved, contact customer semce ~ero Beach 770-5300, Sebasti~ 589-60701. If ~ere is ~g I c~ do for you, please contact me at 770-5324 or N~cy at 770~5302. ~J~ES D. C~STMN Manager of Assessment Projects JDC:nr Enclosure (NLOUFAL.JDC) I I . · c.r,,l,~.. ,~. Telephone: (561) 770-5300 July 14, 1998 City of Sebastian 1225 Main Street Sebastian, Florida 32958-4165 SUBJECT: ' i BOARD OF COUNTY COMMISSIONERS ~~k,, ' DEPARTMENT OF UTILITY SERVICES /~ .,.,(.~,¥~',~,% ~,,~.\ '''' ' I ~ c~"'~'~-" ~ CERTIFIED ~L ~U~ ~CEI~ ~QUESTED i FINAL ASSF_~S1Wlg~NT - LOUISIANA AVENUE WATER MAI/hi (]~tN STRRET TO COUNTY ROAD 5111) !NDLa.,~, ~,rER COIo~'NTY PROJECT NO. UW-96-IT-DS PARCEL I.D. NO. 06 31 39 00013 000°. 00001.0 · ' I i The final assessment for the above project was approved at the Indian River County Commissioners' meeting on July 14, 1998. The amount of the assessment against your property is $1,337.37, which is a reduction from the original preliminary assessment. The following are your options for payment of the assessment: Payment in full of $1,337.37 by October 12, 1998. Interest charges will accrue at 8.5% simple interest from duly 14, 1998 but will be waived ff paid in full by October 12, 1998. OR Ten equal annual payments of principal due by July 14 of each year for ten years (beginning July 14, 1999), plus interest at 8.5% on the outstanding balance, as shown on the attached sheet. The annual billing will be sent out in June of each year for payment by July. Any amount of principal may be prepaid at any time, together with the interest accrued to date of payment. Please make the check payable to INDIAN RIVER COUNTT UTII,ITIE~q. Our mailing address is Post Office Box 1750, Veto Beach, Florida 32961. ASSESSiI~DNT PAYlVIENTS: If this assessment has been prepaid, an adjustment will be forthcoming. For questions regarding payment of assessments, phone Barbara or Ann at (561) 770-5307 or customer service at 770-5300. I i i i I I CONNECTIONS: When you wish to connect your home to the water system, a water impact fee (currently $1,300.00 for each single-family residence) and a meter installation charge of $130.00 will be required. In addition, a $50.00 deposit is required for each single-family residence. Note that impact fee fmanc/ng .is available for qualifying residents. For questions regarding connecting your home to the water sys: m and the connection costs involved, contact customer service (Veto Beach 770-5300, Sebastian 589-6070). I I If there is anything I can do for you, please contact me at 770-5324 or Nancy at 770-5302. _ Sincerely, ff ~ ,~, ~ Manager of Assessment Projects JDC:nr Enclosure (NLOUFAL.JDC) "nail. All future s:atamenrs/nolices wil! be sen: via ,'~ular mail. It is :he resaonsibility of the to receive the annua~ szatsment for ant, reason this does nor nuliifv th~ ~,,t-cmc .... IJ'~5 r~t¢'g'riniqh' I I I I Telephone: (561) 770-5300 July 14, 1998 City of Sebastian 1225 Main Street Sebastian, Florida 32958-4165 CERTIFIED MAIL RETURN RECEIPT REQUESTED FINAL ASSESSMENT - LOUISIANA AVENUE WATER MAIN (MAIN STREET TO COUNTY ROAD 512) INDIAN RIVER COUNTY PROJECT NO. %JW-95-17-DS PARCEl, I.D. NO. 06 31 39 00013 0001 00001.0 The final assessment for the above project was approved at the Indian River County Commissioners' meeting on July 14, 1998. The mount of the assessment against your property is $1,002.98, which is a reduction from the original preliminary assessment. The following are your options for payment of t_he assessment: Payment in full of $1,002.98 by October 12, 1998. Interest charges will accrue at 8.5% simple interest from July 14, 1998 but will be waived ff paid in full by October 12, 1998. OR Ten equal annual payments of principal due by July 14 of each year for ten years (beginning July 14, 1999), plus interest at 8.5% on the outstanding balance, as shown on the attached sheet. The annual billing will be sent out in June of each year for payment by July. Any mount of principal may be prepaid at any time, Wgether with the interest accrued to date of payment. Please make the check payable to IKDIA~ RIVER COUNTY UTILITIES. Our mailing address is Post Office Box 1750, Veto Beach, Florida 32961. ASSESSMENT PAYMENTS: If this assessment has been prepaid, an adjustment will be fo~_hcom/ng. For questions regarding payment of assessments, phone Barbara or Ann at (561) 770-5307 or customer service at 770-5300. COI~CECTiONS: When you wish to connect your home to the water system, a water impact fee (currently $1,300.00 for each single-family residence) and a meter installation charge of $130.00 will be required. In adddtion, a $50.00 deposit is required for each single-family residence. Note that impact fee financing is available for qualifying residents. For questions regarding connecting your home to the water 'system and the connection costs involved, contact customer service {Veto Beach 77m5300, Sebastian 589-6070). If there is anything I can do for you, please contact me at 770-5324 or Nancy at 770-5302. S. incerely, /] ,, ' ..~../JAMES D. CHASTAIN Manager of Assessment Projects JDC:nr Enclosure (NLOUFAL.JDC) NOT OE m;JI. All future sratemen',s/noiices will b6 tu make afl reouired payments. If tn~ customer tails t0 receive tB8 ~nnuaJ s[aament f0: any reason a0~s not nuliify the cuS;0msr 6'i tn~s rasponsibilily. SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1782 (Admin.) SUBJECT: Purchase of AED's Approved [or Submittal: Agenda No. : Department Origin : Police Date Submitted : 7116198 For Agenda of : 7/,~ ~/~ ~ Exhibits: Memo to City Manager Cost Quote Expenditure Required: Amount Budgeted:. Appropriation Required: $ 9,507.75 -0- $ 9,507.75 SUMMARY STATEMENT The Flodda Bureau of Emergency Medical Se~ice did not fund this department's application for a grant that would have paid 75% of the cost of five AED's. We are, therefore, asking the Council to fund what the grant would have paid, so that this worthwhile project, which will put an AED in evep/on-duty Sebastian patrol car, can be completed. In anticipation of the grant, Council approved the police department's solicitation for donations from our community, to raise the grant's required 25% matching funds. Thanks to the generosity of our community, a total $ 5,350 was donated by the individuals and organizations shown on the attached list. This amount will be applied toward the $14,857.75, total cost of five AED units. Council is requested to fund the difference, $ 9,507.75. tt is recommended that these AED's be purchased from Physio-Controls, inc. Physio-Controls AED's are o- the State of Florida's SNAPS Bid # 465674. These units are manufactured by the sam .company that makes the more advanced AED's used by Indian River County EMS in their ambulances and are fully compatible with those units. Also, EMS will supply us with replacement pads (about $30 per set), at no charge. RECOMMENDED ACTION Authorize the C;ty Manager to purchase five Automated External Defibdllaltors for use by the police department from Physio-Controis, Inc., using the $ 5,350 donated funds and the $ 9,507.75 appropriated by this Council action, for a total cost of $14,857.75. 3~lanager's Note: The appropriation of $9,507.75 should be made from the Untlistribttted Non- Departmental Account. Currently only $32,4000 has been ,"cpended from the original 3250,000 leaving a balance of$217,600. Lawton Chiles Governor Return Receipt Requested Certified #Z425769802 ! Secretary I BUREAU OF EMERGENCY MEDICAL SERVICES July 6, 1998 I i Thomas Frame, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Frame: This is to inform you that a decision has been reached on the awarding of Florida's 1998 emergency medical Services (EMS) matching grants, The 21 member grant selection committee and our EMS staff have reviewed all submissions to determine which ones are most appropriate for funding with the money available..i regret to inform you that your request for $13,312.50 in state funds was not awarded one of these grants. Thank you for your interest in the EMS matching grant program. I encourage you to resubmit your application or develop other proposals for consideration during the next matching grant cycle. Emergency Medical Services Bureau staff are available to review your application with you and discuss possible revisions or new projects to help improve your chances of approval during the next grant cycle. Sincerely, Ro~r B. Twitchell Sec[ion Administrator RBT/hp Phone (850) 487-1911 FAX (850) 488-2512 or 48%2911 2~2-D Old St. August:ne Read, Tatlahassee. FL 32301~881 I I I I I I I I I I I I I I I I I To: Chief Dennis White Sebastian Police Department 1201 Main Street Sebastian, FL 32958 PHONE: 561-589-5233 FAX: 561-589-2207 Sales Quotation #: Page #: Quote Date: Representative: FOB: Shipping: Terms: This quote is firm until: 9/11/98 3005400-009 1Deselril}t Lolt LEFEPAK® 500 without recorder L.IFEPbK® 500 automated extem~ defibrillator wi~out audio ~oMing option. S~ing ~t includes one p~r QU~-CO~OTM ~d~fib~a~o~CO el~des wi~ ~DI-P~TM pr~connect sy~e~ o~rafing ina~ctions, inse~ice video. Note: b~tedea ~ ~r ~ces~de$ must ~ orde~d sep~ly. 5 yem w~w oa p~ ~d l~or. ARP7640310-A 1 7/13/98 John Ross 800-442-I 142 x2817 Redmond, WA 30-45 Net 30 Days Unit Price l~iscourlt I_0_LAI $3,075.00 $522.75 512,761.25 3005380 Lithium battery pak LIFEPAK 500 nonrechargeable lithium'battery pak For use with the LIFEPAK 500 automated external defibrillator 5 $195.00 533.15 $809.25 3. 3005343 Complete carrying case 5 S95.00 $4.75 S451,25 4. 3006535 Battery Charger For use with the LIFEPAK 500 rechargeable SLA batteN pak. 1 $135.00 56.75 $128.2 3005379 Battery Pak LIFEPAK 500 techar§eable sealed lead acid battery For ase with the LLFEPAK 500 ', mmated external defibrillator 1 5125.00 $6,25 $118.7 Continued next page... A~ To: pa~ ~ 6, 3005332 7. 3005381-000 8. 803a99-o9 9. 3009864-000 Chief Dennis White Sebastian Police Department 1201 Main Street Sebastian, FL 32958 PHONE: 561-589-5233 FAX: 561-589-2207 Sales Quotation #: Page #: Quote Date: Representative: FOB: Shipping: Terms: ARP76403 10-A 2 7/13/98 John Ross 800-'442-1142 x2817 Redmond, WA 30-45 Net 30 Days This quote is firm until: 9/11/98 Descriiitiol~ Qtv C~ntinued... DATA TRANSFERTM 500 1 DATA TRANSFERTM 500 information management program PC software that allows L][FEPAK 500 defibrillator to connect to PC (minimum 386/25, Windows® 3.1 or higher), Functions include: ca.~ download, add patient data, save to disk, print reports, fax relanl~, modem to another PC running QULK-VIEW 500 data review ._ Unit ~ ])J $ ~o_ttn t $195.00 $104.75 Total I $90,:'I I LIFF_,PAK 500 AED-to-PC cable For use with the DATA T1LauNSFER 500 or QLrlK-VlZW 500 programs. QUIK-COMBOTM patient simulator I QLIIK.COMBO extension cable To connect LII=EP.~d~ 500 automated external defibrillator to QUIK-COMBO Patient Simulator. Not for clinical use. I $35.00 $1.75 $33.1 i $395.00 $19.75 $375.25 I 1 $95.00 $4.75 $90.25 I TOTAL THIS QUOTE $14,857.7! Discounts: I Discount Continued next page... S2,947.25 I I To: Chief Dennis White Sebastian Police Department 1201 Main Street Sebastian, FL 32958 PHONE: 561-589-5233 F.a~X: 561-589-2207 Sales Quotation #: ARP7640310-A Page #: 3 Quote Date: 7/13/98 Representative: John Ross 800-442-1142 x2817 FOB: Redmond, WA Shipping: 30-45 Terms: Net 30 Days This quote is firm until: 9/11/98 Unit p. art. # Deserill0On Otv P.,rice Discount Continued... Notes: ABOVE QUOTE REFLECTS STATE OF FLORIDA "SNAPS" AGREEMENT PRICING PER CONTRACT ~65674. ARP _ SNAPS - I FedeC'dJI ~'~k~t'et Idlil'ltilk:a.gO~ NumbM' 91-0697691 ' sPuRs w s.s. Number VendorN~me Physio-Control CorporaJ;ion IntemetA~klres~ ~ ~ ~ m S~m ' Washington ~ ~073-g7~ ' T~ N~ 8ffi-44~-1142 To~,~ Nu~r 800-44~ _ . fax: 8~-73~-0956' . ~mbe~ Entire S~te Q¢ Flortoa m ~Q¢lb. apprX ~0 ~~~er. ~~ari,, ~ p~duct - ~-~ info m · m ~ Y~ m m m m pt~ ~ ~ ~ ~ . ' m ~ coo~.~to~ SERVICES' ~:/Z./~7 P. 02 m SEBASTIAN POLICE 1201 Main Street Sebastian, Florida 32958 DENNIS R. WHITE, Chief E-mail: spd@sunet.net DEPARTIWI NT Telephone 561/589-5237 24 h~ Fax 561/589-22~," Admin Fax 561/388-1872 Web: www. sebastianpd, org Date: 7/8/98 MEMORANDUM To: Mr. Tom Frame, City Manager Re: State Grant for Automated External Defibrillators (AED's) This afternoon I was notified by both the Florida Bureau of Emergency Medical Services and Deputy Chief Brian Burkeen of the Indian River County EMS, that our grant application for 5 AED units was not approved for funding by the State's EMS Grant Review team. Burkeen advised me that none of the grants submitted by Indian River County agencies were approved. As yet no one seems to know why these grants were all turned down. A Florida Bureau of EMS staff member mentioned a couple of technical inequities in our application. I have asked them to send us a full report as to why our request was not approved. The Bureau of EMS advised that they plan another round of funding for these units in the Fall and they offered to assist us, if we chose to apply again. As you know, with the approval of the City Council, we.made a public appeal for contributions toward the 25% match money (about $ 4,438), we would need, if we received this grant. Many of our civic organizations, church groups, businesses and citizens made contributions totaling $ 5,350. A list of contributors is attached. Given the life saving potential of AED's and the significant interest and contributions of our community, I recommend that we proceed with the acquisition of the 5 AED units ,we sought under the grant. Cost of the units we proposed is $ 2,999.96 each. The total cost for 5 AED's would be $ 14,999.80. Since we already have $5,350 in contributions, it would require another $9,649.80 for the purchase. I request that our City Council be requested to fund this amount from non-departmental funds. Dennis R.~ite Chief o f/Fo lice 3/3/98 3/14/98 3/23/98 3/23/98 3/24/98 4/3/98 4/7/98 4/21/98 4/27/98 4/29/98 5/5/98 5/12/98 5/18/98 5/20/98 5/21/98 5/22/98 5/28/98 6/3/98 PuE.D. DON TIONS Fraternal Order of Eagles Sebastian Masonic Lodge Lions Club of Sebastian O. Fogleson (pvt. iadiv) Elks' Lodge of Sebastian John Zwoliaski (pvt indiv) Sebastian Shrine Club Craft: Club of Sebastian Sebastian Civic Assoc. Sebastian Rotary Club Welcome Wagon of Sebastian Alumni St. Eliz. Episcopal Church-Mens' Club St. Eliz. Episcopal Church-Church Women A-Z Services (Nick $Iavens) Capt. truam's Seafarers Boat Club Mr & Mrs Bernard Pusateri Mr & Mrs Joseph R. Richardson Sebastian Area Civic Association (second donation) TOTAL AS OF 6/3/98 $1,000. 50. 100. 250. 250. 25. 250. 200. 100. 100. '500. 200. 500. 500. 300. 100. 25. 900. $ 5,350.