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11041998
City of Sebastian 1225 Main Street Q Sebastian, Florida 32958 Telephone (561) 589-5330 Q Fax (561) 589-5570 E-Mail: cityseb~iu.net DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 4, 1998 - 7:00 P.M. crrY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. Thc Pledge of Allegiance was recited. There was a moment of silence. ROLl, Cz~LL City Council Preset: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Stilff. Present: City Manager, Thomas Frame City Attorney, Rich Stringer Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley Regular City Council Meeting November 4, 1998 Page Two DRAFT 98.196 98.157 AGENDA MODIFICATIONS (/~DDITIONS AND/OR DELETIONS) Items not on the written agenda may be added on~ upon a majoriO~ vote of CiO~ Council members (R-97-21) Mr. Paul withdrew item 14.D. PRO~AMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. P. ro~lomation - National_Ani~! ~helter Appreciation Week - Novenlb~r 1-7, 1998 The proclamation will be mailed to the Humane Society since no one was present to accept. B. Presentation by C01xnen Wieher, Direetg£ Qf F,4ucotio0o! P£ogrommiilg - Brevard Teaching and Research La~to~es - Update on DEP St0rr0wat~r Carmen Wieher gave a brief presentation on the stormwater grant three year public education and water monitoring program being conducted by Brevard Teaching and Research Laboratories in conjunction with St. $ohus River Water Management Dislrict. Ms. Wieher was commended for her presentation. CITY ATTORBEY MATTERS None. CITY MANAGER MA.TT]~RS The City Manager advised that the Tree Advisory Board will bring an agenda item to Council regarding Sebastian River High School student participation in the shade house behind the police station. !~ONSENT All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discu~ion of consent agenda items unless a member of City Council so request.,; in which event, the item will be removed and acted upon separateO/. A. Approval of Minutes - 10/28/98 Regular Meeting The City Manager read the consent agenda. MOTION by Cartwright/Neuberger I move to approve item A of the consent agenda. VOICE VOTE on the motion carded 5-0. 2 Regular City Council Meeting November 4, 1998 Page Three DRAFT 98.184 10. PUBLIC HEARING Procedur~s for public hearings: (R-97.21) · Mayor Open~ Hearing · Attorney Reads Ordinance or Resolution ° StaffPresentation o Public Input - Limit of l0 Minutes Per Speaker ° StaffSummation · Mayor Closes Hearing · CouncilAction Anyone Wi~ing to Speak is Asi~d to Sign Up Prior to the Meeting, Whm Called go to the Podium and State Record Second Reading, Public HeariI~g ~l. Ei~ol Adoption of Ordinance No. 0-9..8-.12 - Ameuding Allowed Culyert Material (Cil~ Manager Transmittal 10/29/91L. O-98-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. AMENDING SECTION 20A- 10.2.H.6.i. OF ARTICLE X OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN RELATIVE TO MATERIAL SPECIFICATIONS FOR CULVERTS AND STORM SEWERS; PROVIDINO FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN COlql~I,ICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. ( 1 st Reading I 0/14/98, Advertised Legal 10/28/98, PH 1 I/4/98) The City Attomey read Ordinance No. O-98-17 by title and Mayor Sullivan opened the public hearing at 7:28 p.m. The City Manager requested that "Corrugated metal pipe" be added to the beginning of the second sentence in paragraph I.(1); and recommended an effective date thirty days fi.om adoption. He said be needs to bring back another ordinance regarding driveway drainage pipes. There was no objection. Being no input Mayor Sullivan closed the hearing at 7:35 p.m. MOTION by Neuberger/Wininger I'd like to move to adopt Ordinance 0-98-17 with the thirty day effective date as amended. ROLL CALL: Mrs. Cartwfight - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Regular City Council Meeting November 4, 1998 Page Four DRAFT 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLI~ Item that has occurred or was discovered within the previous six months and which is not otherwls~ on the agenda - Mgn-up required, limit often minutes for each speatc~r The following individuals addressed City Council: Tony Belmonte, Schumann Drive, Sebastian Walter Barnes, 401 Azine Terrace, Sebastian Discussion followed on the cable oversight committee for which Mr. Belmonte had volunteered; and the need for an ordinance regulating repair to damaged streets by construction tracks. 12. (~QM~lgI~ RgPORTS/RECOMMENDATIO[~ Mr. Neuberger reported on today's Metropolitan Planning Organization meeting. 13. O ,I) 1 1351151 $ 98.194 ho Appcov~ pllr~hase of SevenPoliee I~partf0~nt R~lacement Vehicles - Fo~'_Chevrolet Lualillt. Patrol Cars (~ $20,089 Each and Two Jeep Cherokee SI,~$ ~ $19.899 Each and One Dodge Intrepid ~ $17,488 - FSA/FCA StiltgWi~le Bid #98-06-0914 (Police Chief Transmittal 10/14/98,. Bid Award AnnouncemenO (Postponed from 10/28/98 Regular Meeting) Following submittal of alternative options by the Police Chief (see attached) and a lengthy discussion, motion was made. TAPE II - TAPE I (8:37 p.m.) MOTION by Sullivan/Wininger I'H make the motion that we go ahead with option 1, and that we would make this re~: the four Crown Victoria's pursuit cars, one Jeep 4 X 4, and one Intxepid with the ABS brakes and with thc warranty. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 4 Regular City Council Meeting November 4, 1998 Page Five Mayor Sullivan called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All were present. 14. ~]]~W 98.O78 Florida Inland Navigation Dis~ct Waterways A~i~istgllcc. Program Grant Contract in the Amount of $62,000 - Main Street PieI ~nd Ramp (CiF Manager 10/29/P!~. Grant Contrac0 MOTION by Sullivan/Wininger I would like to move that we authorize the City Manager to execute the agreement with the Florida Inland Navigation District, and that was a grant award of $62,000 with the City matching $63,000. Mrs. Cartwright requested that approval by tho City Attorney as to form and content be added to the motion. Mayor Sullivan added it and Vice Mayor Wininger agreed. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Winingcr - aye Mrs. Cartwright - aye Mr. Ncuberger - aye MOTION CARRIED 5-0 98.197 R~olution No. R-98-48 - police Benevolent Associa00rl {201]¢c,~ive Bargaining Agreement - October 1, 1998 to S~tember 30, 200,1 (I-Imll~atl Resour~ Tr~smittal 10/29/98, R-98-48, Agreemen0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA,. RATIFYING THE AGRFJ~-MENT wrrH THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., FOR THE PERIOD FROM OCTOBER 1, 1998 THROUGH AND INCLUDING SEPTEMBER 30,2001; PROVIDnq(~ FOR~ OF RESOLLrrlONS OR PARTS OF RF.~OLUTIONS IN CONFLICT I-]EREWrI~ AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager noted that on page 25 "bi-weekly" needed to be changed to "semi-monthly"; and "days" should read "hours". The City Attorney read Resolution No. R-98.48 by tide. MOTION by Cartwright/Paul I move to adopt Resolution 98-48 with the changes in Article 20. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 Regular City Council Meeting November 4, 1998 Page Six 98.198 C. 98.199 15. Approval for Attorney Sc~'ic~ Contract with Kevin MacWilliam for Pres;riling Cases Before Cqde Enforcement Board (.City Manager Transmittal 10/29/98, Prol~osed Contract) MOTION by Cartwright/Sullivan I move to authorize the City Attorney to drat~ an agreement for the services of Mr. Kevin MacWilliam on behalf of the City Council to assist staff in presentation of eases before the Code Enforcement Board. The City Attorney was directed to review presentation of cases before the Construction Board. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 D. Donation of Comguters t9 Chamber of Commerce -Requested by Mr, Paul (~To Baelolp) This item was withdrawn by Mr. Paul. CiTY COUNCil, MATTERS A. ¥i~e Mayor MarthaWining~ * Said she was happy about the Tree Board working with students on the shade house. B. Mrs. Louise C~t . Requested the County be urged to install a lef[ turn signal on CR512 and Roseland C. Mr, Chuck Neuberg~ . Requested the County be asked to regulate the wait time on lights on CR512 and Fleming D. Mr. Lany Paul . Expressed concern for lack of delineation of Cavcorp parking stalls . Announced an open house at Bay Street Square . Announced American Red Cross blood pressure screenings and courses 6 Regular City Council Meeting November 4, 1998 Page Seven DRAFI' 16. E. Mayo~ R~th Sullivan Requested an ordinance moving adult entertainment use from commercial zoning to industrial zoning. The City Manager suggested this be done a_~r adoption of thc Comp Plan amendments. Asked why a salary percentage was included on charter officer evaluation forms. A lengthy discussion took place on evaluation of Charter officers. While the final outcome of this discussion is somewhat unclear ,the conscusus of Council seemed to be that for this time only any recommended percentage can be included in a Councilmembers' evaluation of a charter officer, the percentages will then be divided by five, and brought back as a starting point as an agenda item for Council deliberation and public approval. It was stated that following this evaluation process, the next Council should establish a policy. Mayor Sullivan adjourned the Regular Meeting at 9:40 p.m. Approved at the · 1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Hallorun, CMC/AAE City Clerk ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 11/4/98 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 clips within the file City Manager, City Attorney, Purchasing and all other department heads get a full set of draft minutes, and are responsible for copying whatever is pertinent to their departments. We will conanue to place copies of individual minutes pages in backup files. 98.196 98.157 98.184 98,194 Procli~mation - National Animal Shelter Appreciation Week - N0y_~mbcr 1-7, 1998 ,., no present - mail to Humane Society mail copy proclamation to file Presentation by Carmen ~ieher, Director of Educational Programming - Brevard Teaching, an~Research Laboratories - Update on DEP Stormwater Grant - no action required Approval of Minut¢.q - 10/28/98_Regular M00tirlg - approved sign, seal - copy to Financo and Library - stamp both with "Copy" place original in book 'Second l~adjng. Public Hearing and Final Adoption of Ordinance No~ O-98-17 -Amcndiqg Allowed Cul~rL]Vlaterial - adopted as revised amend ordimmcc sign, se. al - copy to file, counter, attorney, PW/Eng, GMD, Building Official, P & Z sccreta~, and in binder on cart (LDC ordinances) highlight areas of LDC's in om'mo books per GMD - Solin is looking at May for final adoption of book revisions will Solin incorporate this language into proposed revision??? blue back original - file vault - 98 ORIG ORD update \wp-ord~o-98 as to adopted date Appro,ze Purchase Of Seven Polic~ Department Replacement Vehicles -- FS~CA Statewid¢ Bid #9~-06-091ti - purchase of four Crown Victoria's, 1 Jeep Cherokee and 1 Dodge Intrepid w/ABS brakes and extended warranty copy minutes to file file vault - FINANCE - 98 Bids/Purchases 98.078 98.197 98.198 98.199 Florida Inland Navigation District ~]aterv~vsAssistance Pr0gr[Lm Grant Cont~gt in the Amount of $62,000 - Main Street Pier and Ramp - approved - City Attorney to approve as to form and content copy minutes to file sign, seal two originals - Jean has them and will provide us with one executed original for filing when complete file vault - AGREEMENTS - Interloeal - Florida Inland Navigation District add to \wp-files\agree.cur - interlocal - Florida Inland Navigation District Resolution No. R-98.48 - Police Benevolent AssociationCollective J3argainirlg Agreement - October 1, 1998 to Sqptember 30, 2001 - adopted w/revision to Article 20 of agreement sign, seal res and agreement copy resolution to file, counter, PD, Human Resources, Finance agreement signature pages have been turned over to Jean (for Doris) for signature by all once signed they will remm one executed original to us blue back original res with reference to location of original agreement file original agreement with copy of resolution in vault - AGREEMENTS - Union note location of backup with green sheet labeled "R-98-48 PBA Union contract - see Agreements - Union" index expiration date - 9/30/2001 update \wp-res~r-98 as to adopted date Approval for Attomqy Services Contract ~th KeviaMa~William for Pr~senthlg Ca~ ]~-/'ore Ced~ ]~nforcementBoartl - approved copy minutes to file City Attorney to prepare agreement for Council approval Donation of Computers to Chamber of Commerce - Reqiuested ~ Mr. Paul - withdrawn by Paul copy minutes to file - file vault - CITY COUNCIL 2 I ¢i1 of 5ebc tian 1225 Mnin $1~eed' O 5ebas'fian, Florida 32958 Telephone (561) 589-5330 Q Fro((561) 589-5570 E-Mdl: cityseb~iu.ne? SEBASTIAN CITY COUNCIL AGEI~DA REGULAR MEETING WEDNESDAY, NOVEMBER 4, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECI'ED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEB,4STIAN~ FLORIDA Indbn'duals will addre2vt the Ci~ Council with respect to agenda irons immediatt~ before deliberation of the item by the CiO~ Council - limit often m~utesg~speaker (R-97-21) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE 98.196 98.157 mOLL CALL &GENDA MODiFiCc~TIONS (ADDiTIQNS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-97-21) PROCLAMATIONS, AN~QUNCEMENTS AND/OR PRESENTATIQN$ A. Proclamation - National Animal Shelta- Appreciation Week - November 1~7, 1998 B. Presentation by Carmen Wich~', Direxlor of Educational Programming - Brevard Teaching and Research Laboratories - Updaa: on DEP Stormwater Grant 1-I1 98.184 15o16 98.194 17.28 10. 11. 1Z 1:3. CITY ATTORNEY MATTERS CITY MANAGER MATTERS CON~ENT AGENDA All items on the con~ent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of coment agenda items unle~ a member of CiO, Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 10/28/98 R~gular Meeting tq. YBLIC ~NG Procedures for public hearing~: (R-97-21) · Mayor Oln~ Hearing · AttorneyReads Ordinance or Resolution · Public Input - Limit oflO Minute~Per Speake~ ° StaffSummation o Mayor Closts Hearing · CouncilAction Anyone Vfr~hing to Speak is Asked to Sign Up Prior to the Meeting Y~hen Called go to the Podium and State Hizftter Name for the Record Secon$1Readipg, Public Hearing and_Fi01fl Adopti~.q. of Ordinance ~o. O-98-17 - Ame~dingAllow~ Culveg Matel'ial (City Mimager Trans~ttal 1_0/29[~)8, O-98,17) AN ORDINANCE OF THE CITY OF SEBA,,ffRAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 10231.6,i. OF ARTICLE X OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBAS~ ~~ TO MATERIAL SPECIFICATIONS FOR CULVERTS AND STORM SEWERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT FIEREWIT~ PROVIDING FOR SEVERABIL1TY; PROVIDINO FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. ( 1 st Reading: 10/14/98, Adv~tised Legal 10/28/98, PH 11/4/98) IN]'RODUCTION .OF NEW BUSINESS FROM THE PUBLIC Item that ha~ occurred or was discovered within the previous sir mc~tlu ami which i~ not otherwi~ on the agenda - sign-up required - limit of ttn minutes for each zpeala~ COMM1TVEE REPORTS/RECOMMEND_ATIQN~ OLD BUSINESS Approve Purchase of Seven Police Depamnent Replacement Vehicles - Four Chevrolet Lumina Patrol Cars ~ $20,089 Each and Two Jeep Cherokee SUVs (~ $19,899 Each and One Dodge Intrepid (~ $17,488 - FSA/FCA Statewicle Bid #98-06-0914 (Police Chief Transmittal 10/14/98, Bid Award Announcement) (Postponed from 10/28/98 Regular Meeting) I I I I I I i I I I I 98.078 29-61 98.197 63-127 98.198 133 98.199 14. 15. NEV~ BUSINESS Ao Florida Inland Navigation District Waterways Assistance Program Grant Contract in the Amount of $62,000 - Main Street Pier and Ramp (City Manager 10/29/98, Grant Contract) lt~zolutioa No. R-98-48 - Police Bcn~olent Association Collective Bargaining Agreement - October 1, 1998 to September 30, 2001 (Human Resources Transmittal 10/29/98, R-9848, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYINO THE A~.EEM][~[ WITH. THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.,FOR THE PERIOD FROM OCTOBER 1, 1998 THROUGH AND INCLUDING ~ER 30,2001; PROVIDINO FOR REPEAL OF RESOLUIIOlqS OR PARTS OF RESOLUIlONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE Approval for Attorney Services Contract with Kevin MaeWilliam for Presenting Casez Before Code F_mforoamnt Board (City Manager Transmittal 10/29/98, Proposed Contract) D. Doaation of Computers to Chamber of Commerce - Requested by Mr. Paul (No Backup) ' cITY COUNCIL MATTERfi B. C. D. E. Vic~ Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck N~berger Mayor Ruth Sullivan 16. ADJOURN (All meetings will adjourn at lO:30 p. m. unless extended for up to one half hour by a a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CI1T COUNCIL WITH RF_JPECT TO ANY MATTER CON~IDF_.RED AT TH'IS MEETING (OR ttF_alili3~) ~ REED A RECORD OF THE PROCEEDINGS AND MA Y NFFD TO ENS~ THATA FF_.RBA ~ RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.$.) IN COMPLIANCE WITH THE AklERI~S WITi DISABH2TIF~ ACT (ADA), ANYONE WHO NImrODS A SPECIAL ACCOA4MODATION FOR THIS MEETING SHOULD C03tTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT ~ 48 HOURS IN ADVANCE OF THIS btEET1NG. Hearing Assistance Headphom~ ot~ A~ailable in the Council Chambers for all Gov~.nment Meetings. Upcoming Meetings: Workshop (CLUP) - Thursday, November I Z 1998 (~ 7pm Worlc~hop (Cable Ordinance) - W~dn**day, November 18. 1998 (~ 6 pm Regular Meeting - WedS, November 18. 1998 (~ 7£m Regular Meeting - WedS, De~ember 2, 1998 (~ 7 pm Regular Meeting . WedS. December 16, 1998 (~ 7£m of Sebastian 1225 Main St~egt Q Sebastian, Florida 32958 Telephone (561) 589-5330 Q Fax (561) 589-5570 E-Mail: cilyseb~giu.net 'SEBASTIAN CITY COUNCIL MINUTES REGULAR iVIEETING WEDNESDAY, OCTOBER 28, 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 Ci~v Council Pre~nt: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staft Present: City Manager, Thomas Frame City Attorney, Rich Stringer City Clerk, Ka~yn O'Halloran Growth Management Director, Tracy Hass Public Works Director, Terry Hill City. Engineer, Martha Campbell Police Captain, David Puscher Deputy City Clerk, Sally Maio DRAFT Regular City Council Meeting October 2g, 199g Page Two DRAFT 98.008 9~.055 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS~I Item~ not on the ~ritten agenda may lm addad on~ upon a majority ~ot~ of Cit~ Council members (R-97-21) None. PROCI,AMATIONS. ANNOUNCEMEIk'TI~.AND/OR PRI~;ENTAT. IONS A. Presentation of Certificate - Louis Nicolini - Board of Adjustment Mayor Sullivan presented a certificate to Louis NicolinL Mr. Nicolini thanked City Council for his appointment to the Construction Board. Proclamation - Comm~ncling Kee~ Indian Rbmr Bcautifi, ll. Boaters and ,agOg[ets Committe;" Mayor Sullivan presented a proclamation to Keep Indian River Beautiful Boaters and Anglers Committee representative, Ruth Davies, who submitted coastal cleanup results. CITy A~Q~Y The City Attorney reported an administrative appeal had been received on the Robert Taylor, Angler's Obsession Cede Enforcement ease. CITY MANAGER.MATI'ERS The City Manager addressed the following items: I. 2. Announced a 1.1% increase in the City's gas tax revenues County agreed to turn over Filbert Street but wants deed to Station 8, however, said it was discovered the city does not own property and it is currently in the name of the rescue squad. He recommended the City Attorney and County Attorney discuss the mat~. Reported on discussions with Indian River County, Wesley Davis and a private property owner r~garding right-of-way access from the Davis property to County property on Bailey Drive Rer. ommenclcd a program to get sponsors for landscaping mc&am on US I and r~quested authority to solicit sponsors. Council concun~ Distributed a report on a proposed skateboard park and requested authority to establish a task team to come up with a recommendation for the Recreation Advisory Board and Council. Council congnlTed. " Distributed a proposed cable franchise ordinance and requested a workshop at 6 pm on November 15, 1998, followed by a first reading at the regular meeting. Council concurred, however, Mrs. Cartwright said she was unable to attend, and Mr. Paul said he may not be there. Regular City Council Meeting October 28, 1998 Page Three DRAFT CONSENT AGENDA Ail items on the conaent agenda are conzidered routin~ and will be enacted by one motion. There will be no separate d~cu.~ion of consent agenda items tmleas a member of City Council ao requests; in which e~enL the item will be removed and acted upon ~eparateO,. A. Approval of Minutes ~ 10/14/98 Regular Meeting, 10/21/98 Special, 10/21/98 Work, hop The City Manager read the consent age. ada. Mayor Sullivan removed the I0/14/98 page circle 12 to note missing names on thc last motion. Thc City Clerk will correct. MOTION by Sullivan/Neuherger I would move approval of the minutes of the 10/I4/98 as amended, regular meeting of 10/21/98, and the workshop of 10/21/98. VOICE VOTE on the motion carried 5-0. 10. 98.183 Ao ~Jeedllld Reading, Public Heating andEinal Adoption of Ordinance No. O-98-15 - Amending 1997/1998 FiscakYear Budget ITinanc~ Director Transmittal 10/22/98, O-98-1_~l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR TI-~ HSCAL YEAR BEGINN~O OCTOBER I, 1997 AND Ii2qDINO 30,1998; D~O AND FIXING ~ AMOUNTS NECESSARY TO CARRY ON THE OOVERNMENT FOR THE FISCAL YEAR; D~ THE AMOUNT OF APPLICABLE FUNDS ON ~ ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A'~, CDBG FUND, EXHIBrF "B~, DEBT SEKVICE PLqqD, EXHIBIT ~2 GOLF COURSE FOND, EXHIBIT '~D'~, AIRPORT FUND, EXH~IT '~E~, CEMETERY TRUST FLIND, EXHIBIT LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G"; LAW ENFORCEMENT EDUCATION TRUST FUND, EXI-IIBIT "h~, PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT "1~, GElqERAL GOVERNMENT EMPLOYI~ TRUST FUND, EXHIBIT "J", PROVIDING FOR SEVERABIL1TY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/14/98, Advertised Legal 10/16/98, PH I0/28/98) Mayor Sullivan opened the public hearing at 7:35 p.m. and the CiLy Attorney read Ordinance No. 0-98-15 by title. The C i.ty Manager gave a brief presentation. There being no public input. Mayor Sullivan closed the public hearing at 7:36 p.m. Regular City Council Meeting October 25, 199g Page Four DRAFT 98.092 MOTION by Cmwdght/P I move to adopt Ordinance 98-15. ROLL CALL: Mrs. Cartwright Mr. Neubergcr Mr. Paul Mrs. Sullivan Mrs. Wininger - aye - aye - aye -aye -aye MOTION CARRIED 5°0 Bo Second Readil~g, PubU~ Hearing and Final Adoption of Orclinallge No. O-98-16 - Amending 1998/I 999 Fiscal Year Bu~-t 0finance Dir~or_Txansmittal 10/..22/98,. O-98-16) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY.', FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30,199~, DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMElqT FOR THE ENSUING YEAR; DETERMIIqlNG THE AMOUNT OF APPLICABLE FUNDS ON HAN~, EST/MATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A'; CDBG FUND, EXHIB~ "B'~, DEBT SERVICE FUND, EXHIBIT '~"', GOLF COURSE FUND, EXHIBIT ~O~, AIRPORT FUND, EXHIBIT "E'~, CEMETERY TRUST FUND, EXI-IIBIT "F'~, LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "~'~, LAW ENFORCEMENT EDUCATiON TRUST FUND, EXI-I~IT '~I'~, PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT 'T~, GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "~'~, PROVIDIlqG FOR SEVERABIL1TY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Rc~ding 10/14/98, Adw-~is~d L~g~110/16/9g, PH 10/28/98) Mayor Sullivm op~m~ tl~ public hearing at 7:37 p.m. and the City Attorney mad Ordinance No. O-98- 16 by title. The City Managm' gave a brief pres~tation. : There being no public input, Mayor Sullivan closed the public hearing at 7:39 p.m. MOTION by I move to adopt Ordinance 98-16. ROLL CALL: Mr. Neubergcr - aye Mr. Paul - aye Mm Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 4 DRAFT Regular City Council Meeting October 28, 1998 Page Five 11. IL~VI3RODUCTIO__N OF NEW BUSINESS FROM THE PUBLIC Item that htrt occurred or wa~ discovered within the l~rm~iou$ $i~ month~ which is not otherwise on the agenda - sign-up requirtd - limit often minutes for each speak,,r The following individuals addressed Council: Ray Halloran, 754 South Fischer Circle, Sebastian. The City Manager gave an update on the air quality of the police station and City Hall. TAPE I- SIDE II (7:48 p.m.) 12. COMMITT[;]~ REPORTS/I~_~COMMENDATIONS 98.095 Tme~_Advisoi:y Bo~'d 1. I~terview ~d Appoint On~ Regular Melnb~' Unexpired Term to Expire 4/2000 (.City Clerk_ Trap~jttal 10/19/98, OneApplicafiou. M~nb~r List_ Ad.)_. City Council interviewed Danne Heflan. MOTION by Cartwright/Sullivan I move to appoint Danne Herlan regular member on the Tree Advisory Board, team to expire 4 of 2000. VOICE VOTE on the motion carried 5-0. 13. OLD BI. JSJN~:~$ - None 14. NEW BUSINESS 98.191 ho Fit~[ ]leading of O£dinaxle~ No. O-98-18_COrteurrenqy Management - Set Second Readillg alld Pullli~ [leafing for 11/18/98 (.Growth Management TrammiRal. 10/21/98, Q-98-18'~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE crrY OF SEBASTIAN'S LAND DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY MANAGEMENT, STATING PURPOSE AND INTENT, PROVIDING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN, PROVIDING FOR DEFI~ONS, PROVIDING FOR Aff'PLICABIL1TY AND EXEMPTIONS, ESTABLISH]NO CR1TERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDE1LS, ESTABLISHING CONCURRENCY ADlVI~TION, ESTABL]~O CAPACTrY RESERVATION, ESTABLISHING ADOPTED LEVEL OF SERVICE STANDARDS, ESTABLISHING IviETHODOLOOY FOR DETER~G DEMANDS ON CONCURRENCY FACILrl~, ESTABLISi~G DETEI~ATION OF AVAILABLE CAPACITY; PROVIDING FOR SEVEP,~IL1TY; PROVIDING FOR RESOLLrHON OF CONFLICTS; PROVIDING FOR AN EFFECTIX/E DATE. The City Attorney read Ordinance No. O-98-18 by title only. Regular City Council Meeting October 28, 1998 Page Six DRAFT MOTION by I move to accept the lirst reading of Ordinance 98-18 and set the public hearing and second reading for November 18, 1998. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. W'min§~r - aye Mas. Cartwright - aye Mr. N~mger - aye MO~ONCARRIED5-0 98.192 First Reading of Ordinance No. O-~8-19 Charter Am~dment - Sc~_Second Reading and Public Heating for 11/1.8./98 (City Ma~r.T~mil?~110/22/98, 0-98-19) ,. AN ORDINANCE OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCttEDULING AN ELECTION TO SlJBMrr A ~ISSUE TO THE h'ct.rtCTORATE IN ORDER TO AMEND ARTICLE IV OF THE CiTY CHARTER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE; PROVIDING FOR THE MANNER ]bi WHICH SUCH 1~ -F-CTION SHALL BE CONDUCTEI~, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF TI-IE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Tho City Attorney read Ordinanc, No. O-98-19 by title only. ~ was discussion on defining "lot", however the majority of Council had no problem with the current wording. It was reco~ the ordinance be held for the Charter Review Committee. MOTION by Cartwright/Paul I move to accept the fa'st reading of Ordinance 98-19 and set the second reading and public hearing for November 18, 1998. ROLL CALL: Mm. Sullivan - aye Mrs. W'minger - nay Mm. Cartwright - aye Mr. N~lxa'ger - Mr. Paul - aye MOTION CARRIED 3-2 (Wining,r, Neuberger - nay) 6 Regular City Council Meeting October 28, 1998 Page even DRAFT 9s.089 C. 98.0ol D. First Reading of'Ordinance No. O-98-J0 Code EnforeentOOt - Set Second Reading and Public Hearing for 11/I 8/98 (Ci[v M~aggr Transmittal 10/22/98, Q-98- [0) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR/DA, AMENDING A PORTION OF CHAPTER 2, ARTICLE VI. DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTINO CASES BEFORE THE CODE ENFORCEMENT BOARD AND PROVIDINO FOR TIlE ISSUANCE OF CODE ENFORC~ CITATIONS; PROVIDING r. OR TIlE ENFORC~ OF STATUTES 'REGULATING CONTRACTINO WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROV1DINO FOR CODIFICATION; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-98-10 by title only. The City Manager reviewed revised pages 6 and 7 which he had distributed at this meeting (see attached). He said he will bring the matter of Code Attorney MaeWilliam's contract to the Council at the next regular meeting. The City Attorney, in response to concerns expressed by Council relative to inconsistent reference:' to "Code Enforcement Officer" and "Cod~ Enforcement Inspector", definition of"reasonable timC, and references to "special master", advised that he would clean up the ordinance. MOTION by Neuberger/Wininger I move approval of Ordinance O-98-10 as amended and revised and cleaned up and set the hearing date for November 18, 1998. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRmD 5-0 Adopt Re~01ution No. R-98-47 - Cable Franchise Extension to 12/31/98 (City Manager Transmittal I 0/22/98, R-98_-47~ A RESOLUTION OF THE crrY COUNCIL OF THE crl'Y OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TlME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDINO FOR THE RETROACTIVE COI-I.~CTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager reiterated that there will be a November 18, 1998 workshop on the cable ordinance at 6 pm. 7 Regular City Council Meeting October 28, 1998 Page Eight DRAFT MOTION by Winingcr/Cartwright I'I1 move to approve Resolution K-98-47 extending the franchise of Falcon Cable to December 3 I, 1998. The City Attorney read Resolution No. R-9847 by title. ROLL CALL: Nh's. Canmqght - aye Mr. Neuberg~r - nay Mr. Paul - aye Mrs. Sullivan - aye Mrs. Winlngcr - aye MOTION CARRIED 4-1 (N~berger - nay) Mayor Sullivan called recess at 8:25 p.m. and reconvened the meeting at 8:38 p.m. All members were present 98.026/ 98.172 Approve Sulll~lementa[ P,g~'mell[ with Kimlqy-Hom and Associates, Inc. for Barber Strut Bridge Desiga_Oyer Elkcax~ Watenv~ in the Amount of $30.000_0hablic Worlm Transmittal 10/19/98. l~xhibit 2 S~olg of Servic~t) MOTION by Cartwright/Panl I move to approve tl~ Suppi~n~ntal Agreement with Kimley~Horn for $30,000. ROLL CALL: Mr. N~uberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mm. W'ming~' - aye Mrs. Cartwri~t - aye MOTION CARRIED 5-O 98.193 Al}prove Purchase of Vamum Truck fxom lgdiaa River Coungt Ufilitit~ in_thc Amount of $25,000 0hll01ic Works Transmittal I0/29/98, Budget. Approval Regues~, Le~ MOTION by Paul/Cartwfight I move to authoriz~ th~ exp(mditur¢ of $2~,000 to indian River County Utilities for the pur~h~¢ of the vacuum tm~ aa budgct~L ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mas. Wiainger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 Regular City Council Meeting October 28, 1998 Page Nine DRAFT 98.194 G. Apl~mve Purchase of ~¥en Police. l~p0xtment Replacement Vehicles - Four Ch~wolet Lumin~ Palxoi Car~ ~ $20,089 Each and Tgto Jeep Cherokee SUVs ~ $19.899 Each and One Dodge lntt~id ~[l_$17.488 - FSA/FCA Statewid~ BiO #9~1-06-0914 (Police Chief Tr'ogsmittal 10/14/98L 13id Award AnnounconenO Captain Puscher addressed City Council. TAPE II - SIDE I (: .53 p.m. Discussion continued on the bidding, reason for deletion of ABS brakes, need for five year extended warranties, the possibility of purchasing Crown Victoria's rather than Luminas, and using a vehicle impounded by the Sheriff for thc unmarked car. The City Manager recommended deferring the matter for attendance by Chief White. MOTION by Wininger/Neuberger I would move to postpone scfion on the purchase of the vehicles for one week until the questions Mr. Neuberger has raised can be answered. VOICE VOTE on the motion ean'ied 5-0. 98.025 H. Al~l~m~te C.IL McLellan Annual Culvert Contract First Q.uarier E.,kuenditure of $! !0,973.20 (Public Works T. FI~s~i 10/20/98, Work Orders MOTION by Cartwright/Paul I move to authoriz~ the first quarter expenditure ors110,973.20 for the annual culvert replacement contract to C.R. McLellan. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye . Mrs. Sullivan - aye MOTION CARRIED 5-0 98.195 I. Award Bid for_Golf Course Landscaping IXoj~t to Northsid~: Nurse~. Ft. Pierce in the Amount of $7.5 L625 (Purchasing Iransrnittal_l.0/16/98, Drawing Inserted in B991~ The City Manager described the proposed landscape asea and said ISS prepared the design. 9 Regular City Council Meeting October 28, 1998 Page Ten It was recommended that lobloHy bay be used rather than areca palms because thc palms are not cold hardy. It was also recommended that this item go before th~ Tr~ Advisory Board, and that oleander not b~ used. MOTION by Camvright/Paul I move to reject the bids for th~ Golf Course landscaping project and authori~ 'staff to nm the plan by the Tree Advisory Board and rebid. VOICE VOTE on the motion carried 5-0. 98.157 Approv~ Second Amendment_tO Agreement with~t. Johns River Water. M~agero~nt District for D~elilpmel~t and Impleraentation qf Surfac~_Water Drainage Mana. g~tnent Plan (publio ~rorks ~.k'imsmittal 10/21J98. SJRy~rMD Letter~ The City Attorney suggested requesting a n~v contract due to the fact that it was signed incorrectly by St. Johns. It was suggested that the City Attorney also approve and sign the contract. MOTION by Cartwright/Neuberger I move to authorize the City Manager to execute the amended agreement once reviewed and ROLL CALL: Mr. Ncuberger - aye Mr. Paul - aye Mm Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 15. CITY COUN(~[I~ MATTERS A. Mayor Ruth S~liv~l Noll~. B. Vic~ Mayor Martha Winioger Expressed concern for damage to Schumann bikepath caused by County trucks when water lines were installed. She recommended an agreement whereby they repair damage and establishment of a system for inspection. The Public Works Director said the County has agreed to repair the damage. 10 Regular City Council Meeting October 28, 1998 Page Eleven 16. C. Mrs. Lo~se C~t Announced the Halloween parade on Saturday, October 31, 1998 D. Mr. Chuck Neub~rger Discussed the Schumann sidewalk damage Discussed letters he had received regarding activity at the airport Asked for an update on his request for information on downtime on yellow mowers. The City Manager said he will meet with thc City Attorney on thc matter. Said he had received calls about police volunteers speeding E. Mr. Larry Paul Requested that Council members receive County agendas again Asked again that donation cf city computers to the Chamber of Commerce be placed on the next agenda. The City Manager said he would do so. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 9:37 p.m. Approved at the · 1998, Regular City Council Meeting. Kathrya M. O'Halloratt, CMC/AAE City Clerk Ruth Sullivan Mayor 11 City of Sebastian 1225 ~ Street g~b~tian, Florid~ 32958 Telephone (561) 589-5330 FAX ($61) 589-'3570 Subject: Ordinanc~ No. O-98-17 Amending Allowed Culvert Material Agenda No. 98.184 Department Origin: City Manager Approved for Submittal by: City Manager Exhibits: Orclinancc No. O-98-17 Date Submitted: 10/29/98 For Agenda of.- 11/4/98 Expenditure Required: Amount Budgeted: Appropriation Required: ~UJMMARY STATEMENT City Council, at its Octobex 14, 1998 Regular Meeting, approved the first reading of Ordinance No. 0-98-17, amending the Land Development Code relative to material specifications for culverts and storm sewers and scheduled a public heating for November 4, 1998. RECO~/IMENDED ACTION Conduct thc public hearing and adopt Ordinance No. O-98-17. Manager's Note: A letter has been sent out to all contractors in Sebastian advising them of thc proposed changes. In order to prevent an unreasonable impact fi.om the passage of this ordinance, it is recommended that the effective date bc thirty days form the passage of thc' ordinance. Further, it is recommended that any contracts executed between the any contractor and their client dated prior to the effective date of this ordinance would be accepted relative to the use of steel pipe. All contracts executed after the effective date of the ordinance, would have to comply with all terms of the new ordinance. ORDINANCE NO. O-98.-~L7 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-10.2.H.6.i. OF ARTICLE X OF TgE LAND DEVELOPMENT CODE OF Tg-E CITY OF SEBASTIAN RELATIVE TO MATERIAL SPECIFICATIONS FOR CULVERTS AND STORM SEWERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. "' WHEREAS,; the City Council of the City of Sebastian deems it in the best interest of the public health, safety and welfare to specify materials for culverts and storm sewers; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. Section 20A-10.2.H.6.i. of Article X of the Land Development Code is hereby amended to read as follows: "i. Material specifications for culverts and storm sewers. The following pipe materials are acceptable: (i) Reinforced concrete pipe; bitunfinous coated, corrugated steel pipe; aluminum ~ipe; aluminum '~ipe arch; bitunfinous coated s'tmctmal plate steel pipe, and bituminous coated steel pipe arch; and corrugated high density polyethylene pipe C3~PEY PVC pipe shall be acceptable only for installations in a privately maintained system and only if it is comprised of an appropriate wall thickness for the intended use. (ii) Workmanship and pipe materials shall conform to Florida Department of Transportation (DOT) Standard Specifications, latest edition. (iii) Only concrete, and aluminum and HDPE pipes shall be used under county City right-of-way pavement and/or into salt water outfalls. Concrete for reinforced concrete box culverts shall conform to DOT's Standard Specifications, latest edition". ~ECTION 2. CONFLICTS: Ail Ordinances and Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 3. SEVERABIL1TY. If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. SECTION 4. CODIFICATION. It is the intention of the City Council and it is hereby ordained that the provision of this Ordinance shall become and be made part of the Land Development Code of the Code of Ordinances, City of Sebastian, Florida. $1~C.T~ON 5. EFFECTIVE DATE: This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember · The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: 2 Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Charles Neuberger The Mayor thereupon declared this Ordinance duly passed and adopted this __ ,1998. CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Katluyn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: City Attorney 3 day of I I i I I I I i i I I i I I I I I I I 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: Replacement Vehicles Agenda No. Depament Origin : Police Date Submitted : 10114J98 Approved .~ ~ O/~'/ for Submittal: ~z~J' For Agenda of : / ~ ~' JUl I~ I1[ I III II glllll II Il IIIII I IIIIII Exhibits: FSAJFAC Statewide Bid # 98-064)914, for Vehicles Specified Expenditure Required: Amount Budgeted: Appropriation Required: $137,602. $136,625 (est) $ 977. (No additional funds required) SUMMARY STATEMENT The seven (7) vehicles to be purchased are replacements for the police department. Funds for this purpose were approved in the FY 98~99 budget, account 001-15-521-640. Price quotes are from FSA/FAC statewide bid for 1999 vehicles; specflicalions and quote copies are attached. Costs are per FSA/FAC bid # 98-06-0914. Vendor Make/ModeJ Unit Cost Qty. TdaiCo~ Garber Chevrolet, Inc. Green Cove Spg's, FL Lumina Pursuit, spec. ~04 LH Pillar Mount Spot Lite Ext.5yr/75K Mile Warranty $18,169. 4 $72,676. 200. 4 800. 1,720. 4 6,880 $20,089. $80,356. C~. uso Chry/Jeep inc. Jacksonville, FL Jeep Cherokee, spec~ 12 LH Pillar Mount Spot Lite Dome Lite Between Visors Tilt Wheel HD Rubber Floor Mats Tow Hooks Ext. Syr/75K Mile Warranty Delete ABS Brakes ' $19,064. 2 $38,128. 140. 2 280. 40. 2 80. 125. 2 250. 75. 2 150. 50. 2 100. 885. 4 1,770 (480.) 2 $19,899. 2 $39,798. (continued on next page) Council Agenda Transmittal, page 2 of 2 Hill-Kelly Dodge, Inc. Dodge Inb'epid, spec~ 03 $17,154. 1 $17,154. Pensacola, FL Ext. Syr/75K Mile Warranty 810. 1 810. Delete ABS Brakes (516.) 1 (516.) $17,4.48. $17,448. The Lumina's and Jeeps are to be marked, the Dodge is to be an unmarked unit and replaces an unmarked unit. In our original budget request, we had projected needing 5 Lumina's, 1 Jeep and 1 unmarked vehicle as replacements. Re-evaluation of our needs found we could better utilize a second Jeep more than another sedan. Based on this need and the fact that the Jeeps on the new FSA/FAC statewide bid are now slightly less expensive than the Lumina ($190 less per unit), we am now requesting one less Lumina and one more Jeep, as reflected in the quan~es listed above. The new FY 98~99 FSA/FAC statewide vehicle bid was received on 10/8/98, well after our budget process. Since it was not available back in July and August, I used last year~s FSA/FAC statewide bid pdces, which I increased by 4% in an effort to cover anticipated inflation. Most of what drove the costs higher was a $600 increase in the extended warranty cost on the Lumina's. This is the mason for the $977. shortfall in the amount we budgeted. We can cover the needed $977., from other funds in our Capital Outlay (640) account and will require no additional allocation for this purchase. RECOMMENDED ACTION Authorize the City Manager to purchase 4-Chewolet Lumina Patrol Cars, @. $20,089. ea., 2-Jeep Cherokee 4X4 SUV @ $19,899. ea., and 1- Dodge Intrepid {l~ $17,488, for a total cost of $137,602, pursuant to the prices, terms and conditions of FSA/FCA statewide bid # 98-06-0914. ANNOUNCEMENT I i i I i i I I I I PURSUIT, ADMINISTRATIVE NON-PURSUIT, UTILITY VEHICLES, TRUCKS & VANS Participating Sheriffs Offices & Local Governmental Agencies of the State of ~'lorida' Cooed By The Florida Sheriffs Association & Florida Association of Counties FLORIDA ':~: ASSOCIATIONi FLOI~rDA SHERIFFS ASSOCIATION P. 0. Box 12519 o Tallahassee, FL 32317-2519 PHONE {850) 877-2165 · FAX (850) 878-8665 WEB SITE: HTI'P:/~.FI~HERIFFS.ORG DATE: TO: FROM: October 1, 1998 ALL PROSPECTIVE PARTICIPANTS Gary E. Perkins Deputy Executive Director/Vehicle Bid Coordinator SHERIFFS' OFFICES & LOCAL GOVERNM~.NT~ AGENCIES OF THE STATE OF FLORIDA COOPERATIVE BID FOR PURSUIT, ADMINISTRATIVE NON-PURSUIT, UTUATY VEHICLES, TRUCKS AND VANS - Bid No. 98-06-O914 We are pleased to armounce that the Florida Sheriffs Association and the Florida Associa- t_ion of Counties has successfully conducted its sixth statewlde competitive bid for vehicles which includes police pursuit, administrative non-pursuit, utility vehicles, trucks and vans. Bid~ will be extended and guaranteed to any and all units of local governments, municipalities and/or police agencies within the State of Florida interested in purchasing off this Bid Contract. All interested parties who wish to purchase from this contract may do so by following these simple procedures: 1. Contact the designated dealership (see pages 14-15) listed in the zone from which you wish to purchase and advise them of your interest to purchase from the She~'~' Offices & Local Governmental Agencies of the State of Florida Bid No. 98-06-0914. ~ney will assist you with the placement of your. order and answer any questions'you may have regarding the vehicles purchased through this program. IMPORTANT NOTE: All agencies ordering any FORD product, please note that the FIN CODE for the Florida Sheriffs Association is 'QE065' and should be used in order to obtain the Ford concessions. Also, you must use your FIN CODE as a secondary number. For further information contact the Fleet Customer Information Center at 1-800-34-FLEET. Bid Award Announcement (98-06-0914} 1 I i I I i I I I I I I I I I I I ! I fLORiDA I ~ '~COUNTIE$ SOC TION & FLORA SOC TION OF 1999 C~~O~ L~A ~e Chewolet Lum~ ~ou~ ~s con~ct comes ~ ~ ~e s~d~d p~ch~ed merit ~ specffied ~ ~e m~ac~er for ~s model ~d F~'s b~e ve~ele specffica~on(s) req~ements w~ ~e ~cluded ~d mdc a pm of ~s contact's ve~cle base awned by specffica~on by ~ne. ZONE: ~ WesteI-n ~ Northern ~ Central BASE PRICE: $18,209.00 $18,169.00 $18,169.00 Southern $18,219.00 While the Florida Sheriffs Association and the Florida Association of Counties have at- tempted to identify and include those equipment items most ofien requested by participat-. lng agencies for mid size vehicles, we re~lt~e equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flex/bility into our program, we have created spec/ftc add/delete options which allow the purchaser to tailor the vehlcJe to their particular want~ or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle{s) you wish to order through this program. Simply deduct the cost of any of the following equipment item~ you wish deleted from the ba~e unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle{s) you wish to order. NOTE: An ofl%ial listing of all add/delete options and thgir prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Specification Low Bid f3id Award Announcernerti (98-06-0914} 47 VE~XCLE: Lumina Lumina DEALER: Garber Gather ZONE: ~r Western ) Northern BASE PRICE: $18,209.00 $18,169.00 DEDUCT: DELETE OPTIONS Power windows, front and rear, with rear window lockout Rubber heavy-duty floor covering Power door locks Tilt steer/ng wheel Lumina Lumina Gather Garber Central ~ Southern $18,169.00/ $18,219.00 N/A N/A N/A N/A ADD: ADD OPTIONS AM/FM cassetxe radio Rear door handles inoperative Rear door lock inoperative Cruise control Electr/c mirrors, lef~ & right Dome ~mp inoperative Roof- re/~orcement Lights: Safety alternate /hsh/ng, 4" red/blue mounted underside of decldid. Dealer inst~llation acceptable Left-hand pillar mounted 6" spotlight with clear b~Iogen bulb. Factory. Installed Left-hand pillar mounted S~ spotlight with clear h~logerl bulb. Dealer Installed Safety. bunaper guards Third kev Complete set of service manuals ONLY 5/75 Ex~ended Warrank-y 232.00 15.00 15.00 225.00 75.00 10.00 225.00 200.00 N/A 3OO.OO 18.00 135.00 1,720.00 48 N/A N/A N/A N/A N/A N/A N/A N/A $ $ 232.00 $ 232.00 $ 232;.00 15.00 $ 15.00 /ii 15.00 15.00 $ 15.00 $ 15.00 225.00 $ 225.00 $ 225.00 75.00 $ 75.00 $ 75.00 lo.oo $ lO.OO $ lo.oo N/A N/A N/A 225.00 $ 225.00 $ 225.00 200.00 s 2oO.0o / $ 200.00 N/A N/A N/A 300.00 18.00 135.00 1,720.00 $ 300.00 $ 300.00 $ 18.00 $ 18.00 $ 135.00 $ 135.00 $ 1.720.00/ 1,720.00 Bid Award Announcernen~ (98-06-09! 4) I I I I I I I I I I I I I I I I i® I I I I I I le I VEHICLE: DEALElW.: ZONE: BA~E PRICE: Lumina Garber Western $18,209.00 Add Options (continued) 6/100 Extended $ 3,650.00 Warranty Federal smart vector $ 1,384.00 W'helen 12 si:robe $ 1,690.00 ' :~"~" $ 368.00 P~astic rear seat $ 396.00 Rear deck strobe $ 297.00 Headli~ht flasher $ 46.00 Vent shade $ 76.00 l~id Award Aru'~ouncemeni (98-06-0914) Lumina Gather Northern $18,169.00 3,650.00 1,384.00 1,690.00 368.00 396.00 297.00 46.0O 76.00 Lumina Garber Central $18,169.00 3,650.00 1,384.00 1,690.00 368.00 396.00 297.00 46.00 76.00 Lumina Garber Southern $18,219.00 3,650.00 1,384.00 1,690.00 368.00 396.00 297.00 46.00 76.00 , ssoc , r o~ FLO DA ASSOC TION & FLORA ASSOC TION OF CO TIES ~999 ~P C~RO~ Spic.cation ~12 (~d' Sine U~ty, 4 x 4) ~e Jeep Cherokee {poEce u~ pac~e) p~chased ~ou~ ~s con~act comes ~ ~e s~d~d eq~pment as specffied by ~e ~acturer for ~ model ~d F~ s b~e ve~cle spec~ca~on(s) req~em~ w~ch ~e ~cluded ~d ~de a p~ of ~s con~ac~ s ve~cle base p~ce as a~ded by m~ufac~r by specffica~on by zone. Z0~: ~ Weste~ ~ No~e~ ~ Cent' ~ Sou~em ~E P~CE: $19,084.00 $19,039.00 $19,064.00 $19,084.00 ~e ~e F1o~da She~s ~socia~on ~d ~e ~o~da ~soc~on of Co~es have tempted to iden~ ~d ~clude ~ose eq~pment items most o~en requested ~ p~cipat- ~ ~encies for u~ ve~cles, we re~li~e eq~pment needs ~d preferences ~e gong to v~ ~om ~ to ~en~. ~ ~ effo~ to ~co~o~te fl~bffi~ ~to our pro.m, we have created spec~c add/delete op~ons w~ ~ow ~e purc~er to ~or ~e ve~cle to ~e~ p~~ w~ts or needs. . ., ~e foEo~g eq~pment delete ~d add op~ons ~d ~e~ re.ted cost ~e pro~ded here to ~sist you ~ appro~g ~e to~ cost of ~e ~e ve~cle{s) you ~sh to order ~ou~ ~s pro~m. S~ply deduct ~e cost of ~y of ~e fo~o~g eq~pment items you ~h deleted 5om ~e b~e ~t cost ~d/or add ~e cost of ~y eq~pm~t items you added to ~e base ~t cost to dete~ine ~e appro~ate cost of ~e ~e ve~cle{s) you ~sh to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by. the dealers in your zone at the stated prices. * = Specificar_ion Low Bid Bid Award Armouncemen: (98-06-0914} 231 ! ! VEHICLE: Jeep Jeep Cherokee Cherokee DEAT-ER: Caruso Caruso ZONE: ~ Western -~ Northern BASE PRICE: $19.084.00 $19,039.,00 DEDUCT: DELETE OPTIONS ABS brakes $ 480,00 ADD: ADD OPTIONS Police or special service S 2.077.00 package (include all options required to equal total package) Spotlight, 6" round, N/A mounted through door pillar post on left side of vehicle. Factory installed, Spotlight, 6" round, $ 140.00 mounted thro~ door pillar post on left side of vehicte. Dealer Installed. 5" round dome lamp N/A between sunvlsors. Factory Inst, lled. 5" round dome lamp $ 40.00 between sunvisors. Dealer Installed. External engine off cooler N/A Limited slip rear axle, $ 255.00 manufacturers standard ratio Heavy duty towing $ 395.00 package includes external air to oil transmission cooler and HD class [ri receiver with 2" ball T~t stee.~Zng wheel $ Heavy duty rubber floor $ mat replaces carpeting 125.00 75.00 232 Jeep Jeep Cherokee Cherokee Caruso Caruso Central * Southern $19,064.00 V/ $19,084.00 $ 480.00 $ 480.00~''~ $ 480.00 $ 2,077.00 $ 2,077.00 $ 2,077.00 N/A N/A N/A $ 140.00 40.00 / $ 140.00 N/A N/A N/A $ 40.00 N/A $ 255.00 $ 40.00~'~' $ 40.00 N/A N/A 255.00 $ 255.00 395.00 $ 395.00 $ 395.00 125.00 75.00 $ 125.00 ~' $ 125.00 $ 75.00 / $ 75.00 Bid Award Announcement (98-06-0914)~ DEALER: ZONE: BASE PRICE: Jeep Jeep Jeep Jeep Cherokee Cherokee Cherokee Cherokee Caruso Caruso Caruso Caruso * Western * Northern * Central * Southern $19,084.00 $19,039.00 $19,064.00 $19,084.00 Add Options (continued) Rear window washer/ wiper with intermittent feature Rear window defogger Tow hooks Battery, 650 CCA or greater Break-away mirrors Outside tire carrier AM/FM cassette radio Th/rd key Complete set of service manuals ONLY 5/75 Extended Warranty 6/100 Extended Warranty NOTE: Std. Std. Std. Std. Std. Std. Std. _ 'Std. $ 50.00 $ 50.00 $ 50.00/ $ 50.00 N/A N/A N/A N/A N/A N/A N/A 395.00 $ 395.00 $ 395.00 265.00 $ 265.00 $ 265.00 s.oo $ 3.oo $ 3.oo lZO.OO $ lZO.OO $ 11o.oo 885.00 $ 885.00 $ 885.001'"/'$ $ 1,725.00 $ 1,725.00 $ 1,725,0.~..Q_~ · _..____--- Extended warranty not available with police package Jeep Cherokee. ABS brakes may not be deleted on police package Jeep Cherokee. N/A 395.00 265,00 3.00 1~o.0o 885.O0 1,725.00 Bid Award Announcement (98-06-0914) 233 i I I i I I I I I i I I I I I I I FLORIDA ASSOCIATION o-~ COUNTIES FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1999 DODGE INTREPID Specification #03 (Administrative) The Dodge Intrepid purchased through this contract comes with all the standard equip- ment as spec/fled by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price' as awarded by manufacturer by specification by zone. ZONE: ~ Western -i- Northeln ~r Central BASE PRICE: $17,094.00 $17,094.00 $17,154.00 Southern $17,116.oo While the Florida Sheriffs Association and the Florida Association of Counties have at- tempted to identify and include those equipment items most often requested by. participat- ing agencies for full size vehicles, we renli~.e equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their part/cular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approx/mating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish .added to the base unit cost to determine the approx/mate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate de~ler in your zone when prepm-mg your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. ~ = Specification Low Bid Bid Award Armouncemenr. (98-06-0914} VEHICLE: Intrepid Intrepid DEALER: Hill-Kelly Hill-Kelly ZONE: ~ Western ~ Northern BASE PRICE: $17,094.00 $17,094.00 DEDUCT: DELETE OPTIONS 4-Door Trunk opener, electric, remote unit location Power windows Power door locks Speed control ABS brakes Intrepid Intrepid Hill-Kelly Maxoone Central ~ Southern 317,154.00/ 317,116.00 Std. Std. Std. Std. Std. Std. Std. Std. ADD: ADD OPTIONS 2-Door Full size spare tire $ and wheel Keyless entry $ Third key Complete set of service $ manuals ONlY 5/75 Extended $ Warranty 6/100 Extended $ Warranty Std. Std. Std. 516.00 42 Std. Std. Std. $ 516.00 N/A $ 111.00 $ 200.00 N/¢ $ 100.00 $ 81o.oo $ 1,650.00 N/A 111.00 200.00 N/C 100.00 810.00 1,650.00 Std. Std. Std. Std. Std. Std. $ 516.00 / $ 435.00 N/A $ 111.oo $ 200.00 N/C $ lOO.OO $ 81o.oo $ 1,650.00 N/A 125.00 225.00 5.00 115.00 810.00 $ 1,650.00 Bid Award Anrwuncemertt. (98-06-0914) '-I I I I I I .! ! I Subject: Florida Inla 0 07 9_ I ~b4J~~ For Agenda of: November 4, 1998 I · Proposed Contract betWeen the City of Sebastian and the Florida Inland Navigation District Expenditure Required: ] Amount Budgeted: ] APprOpriation Required: I $125,000 I $125,000 [n/a ramp along with the extension of the finger piers. The estimated amount budgeted was $125,000 with 50% coming from a ]Florida Inland Navigation District Grant. The City was awarded i grant in the amount of $62,000 with the City to match it with $63,000. RECOMMENDED ACTION i Authorize City Manager to execUte the agreement with the Flo~da Inland Navigation District. I i I I I i I I FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. 1R-SB-98-23 This PROJECT AGREEMENT made and entered into this day of , 1998 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Sebastian, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT- Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Main Street Dock and Boat Ramp Repairs Project. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2000, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no events however, shall the PROJECT period extend beyond three (3) years from the October 1, 1998. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2000, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2000. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than fifty percent (50 %) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement' basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, 'in-' any event, exc,:~:~::-~ $62,000.00. 4. MATCItING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the'PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion'of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. _P_RQJECT COSTS - To be eligible for reimbursement under 3ae' Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the Project period, with the exception of pre- agreement costs, if any, specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. and in accordance with administration, inspection, surveying costs. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement except for dock replacement, finger pier extension and boat ramp repairs in the amount of $62,000.00. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall .be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-20) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or Liaison Agent with any payment request. All records in suppo~ of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installmems, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT Exhibit A: personnel, equipment, project management, and design, permitting, planning, engi,'¢ering, and/or The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain. all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal' year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE- The DISTRICT shall have the fight to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms 'of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a Liaison Agent, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S Liaison Agent shall submit to the DISTRICT project stares reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. : 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all-' federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall, be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, roles and requirements. 15. NON-DISCRIMINATION- The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis,' to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for *.he number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for funder of the PROJECT. The wording of the sign required by this paragraph shall be approved by. the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit 14) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE - When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained ia accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal anthodty and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its emp~ ~yees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS- The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 21. RIGlCITS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS- Waiver of a breach of any provision of this Agreement shall not be deemed a waive of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 To PROJECT SPONSOR at: City of Sebastian Attn: City Engineer 1225 Main Street Sebastian, Fl. 32958 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funder only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation~ ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions Of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [intentionally lef~ blank] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: DATE: CHAIRMAN WITNESSES: PROJECT SPONSOR By: Title: DATE: ATTACHMENT A CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM 66B-2.001 66B-2.002 66B-2.003 66B-2.004 66B-2.005 66B-2.006 66B-2.006 66B-2.007 66B-2.008 66B-2.009 66B-2.010 66B-2.011 66B-2.012 66B-2.013 Purpose. Forms. Definitions. Policy. Funds Allocation. Application Process. Emergency Applications. App!ication Form. Project Eligibility. Project Adminis~xation. Project Agreement. Reimbursement. Accountability. Acknowledgment. 66B-2.001 -- Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy, and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigati.on related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Lm~ Implemented 374.976(1) IS. History ~ New 12-17-90, Formerly 16T-2.001. 66B-2.002 -. Forms. All forms for the administration of this program are available fi-om the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) PS. Lmv Implemented 374.976(1) FS. History -- New 12-17-90, Formerly 16T-2. 002. 66B-2.003 -- Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. ' (4) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (5) "DISTRICT" means the Florida Inland Navigation District (FIND). "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, (6) local governments and navigation related districts within the taxing boundaries of the District. (7) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (8) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (9) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated which are located within the member counties. county governments, (10) "MATCHiNG FUNDS" means those funds provided by the local. sponsor to the project. (11) "MEMBER COUNTY" means a county located within the taxin; boundaries of the District which includes Dural, St Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dude Counties. (12) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in of the District. waterways (13) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (14) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (15) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public.- (16) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an gpproved project. (17) "PROJECT MANAGER" means the District employee who is responsible for mon/toring the performance of the Project and compliance with the project agreement. (18) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funde?,,project. (19) "PROJECT SPONSOR means an eligible governmental agency receiving program funds pursuant to an approved application. (20) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (21) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring ia waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. (22) BEACH RENOUKISI-IMENT m The placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (23) "TRIM HEARING" - A public hearing required by Chapter 200 FS. concerning the tax and budget of the District. (24) "PRE-AGREEMENT COSTS" - Project costs approved by the District Board which have occurred prior to the execution of the project agreement. (25) "PUBLIC MARINA" - A small craft harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. Specific Authority 374.976(2-) b'~. Law Implemented 374.976(1) FS. History-- New 12-17-90, Amended 9- 2-92, 2-6-97~ , Formert. v 16T-2.003. 66B-2.004 -- Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial assistance, support and cooperation may be provided to ellgible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renoufishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notify by d/rect mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Approval of projects by the District shall be in accordance with these rules. (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the terms and conditions set forth in the project a~eement. This release of program funds shall be on a reimbursement only basis. (7) The site of a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion.' Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board. (10) The project shall be completed within three (3) years of the beginning of the District's ftrst fiscal year for which the project was approved. (11) Project funds shall not be spent except as consistent with the project agreement cost estimate which shall be an attachment to the project agreement. (12) All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement costs shall not exceed fifty (50) percent of the project's total cost. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits and regulations in the development of the project, (14) All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District watenvays beeanse of a project funded by this program, the sponsor shall first receive approval from the Board. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The. project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilifies_.~.and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16)The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule. Failure of a project sponsor to comply with the provisions of this role or the project agreement shall result ia the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (17) Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (18) All public marina projects funded through-this program shall include sewage pumpout facilities for vessels. (19) Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. Specific AuthoriW. 374.976('2_) FS. Lmv Implemented 374.976(1). (2.) IrS. History -- New 12-17-90, Amended 2-3-94, 2-6-97,~ , Formerly 16T-2.004. 66B-2.005 -- Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 Waterways Assistance Program Application Evaluation and Rating Form, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 2-6-97) hereby incorporated by reference and available from the District office. ~ (1) In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an mount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All financial assistance and support to eligible governmental agencies shall require equal matching funds from the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (10) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project, The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management 1. Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. Co) Beach Renourishrnent 1. All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enforcement and environmental education may include: (a) Public navigation 1. Navigation channel dredging 2. Navigation channel lighting and markers 3. Waterway signs and buoys for safety, regulation or information Co) Law enforcement 1. Waterways boating safety programs 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education 1. Environmental Education Programs Waterways related environmental educational programs shall consist of coordinated efforts among the local community, the local school district and local governments. Eligible programs shall be available to the general public or a targeted segment of the general public. The curriculum for an eligible program shall be coordinated with the District, the local community, the local school diztrict and local governments and shall be directly related to the environment of the waterways. 2. Environmental Education Facilities Eligible environmental educational facilities shall include buildings used for waterways related education and accessory facilities such as boardwalks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this rule section. Specific Authority 374.976(2) FS. Lmv implemented 374.976(I), (3) FS. History ~ New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97,~, Formerly 16T-2.005. 66B-2.006 m Application Process. (1) Applications for assistance through this program shall be submitted during the authorized submission period which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by reference and available from the District office located at 1314 Marcin~ki Road, Jupiter, FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the Disu-ict office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 4- 12-95) and for compliance with the eligibility requirements of this nde. If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 4-12-95). When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. The applicants presentation will at a minimum include a discussion of the applicants answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available from the District office. (4) The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. (5) The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2_) FS. Lmv Implemented 374.976(1) PS. History -- New 12-17-90, Amended 9- 2-92, 6-24-93, 4-12-95, Formerly 16T-Z 006. 66B-2.0061 Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) PS. Ltnv Implemented $74.976(1) PS. History -- New 6-24-93, Amended 2-6- 97, Formerly 16T- Z 006I. 66B-2.007 M Application Form. Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4- 12-95) are hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this Program from member counties and local governments shall be made on Form Number FIND 90- 22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-223.. Specific Authority 374.976(2) PS. Law Implemented 374.976(1) PS. History--~ew 12-17-90, Amended 6- 24-93, 2-3-94, 4-12-95, Formerly 16T-2.007. 66B-2.008 M Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These preiect types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging 2. Public navigation aids and markers 3. Public boat ramps and launching facilities 4. Public boat docking and mooting facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, regulation or information 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and hewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping 2. Park and playground equipment 3. Restrooms for non-waterway users 4. Tennis courts 5. Roadways providing access to non-waterway users 6. Parking areas for non-waterway users 7. Utilities for non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment 11. Picnic shelters and furniture. (c) Subject to approval by the Board of ~n itemized expense list: 1. The following project costs will eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permi~g, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs will be eligible only as matching costs: a. Applicant's non-recurring personnel costs; ~. b. Applicant's equipment costs; c. Applicant's in-house project management administration, and inspection costs; d. Applicant's in-house design, permitting, planning, engineering ~:~: surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project, approved and 10 executed by the project sponsor and project contractor must be submitted to the District. (d) Applications for eligible waterway projects which include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and pennitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate that Phase I will be completed prior to the tentative approval date of funding for Phase II, provided, however, that in extraordinary situations this requirement will be waived by the Board of Commissioners where an. applicant has provided documentation of all of the following: 1. The delay in completing Phase I is for a reason or reasons outside the control of the applicant, and the applicant has demonstrated that it diligently proceeded in attempting to complete Phase I; 2. All the impediments to completion of Phase I will have been resolved on or before the District's final TRIM hearing at which the Phase H funding is to be finally approved, and the applicant has provided a timetable showing such completion of Phase I within this time period; and 3. A delay in funding Phase II would significantly increase the cost of Phase 1I, create a substantial likelihood that Phase II would not be accomplished, or adversely impact on public safety or the operation of District waterways. : Should Phase I of an application for a construction project not be completed by the District's final TRIM hearing, the Phase II project will not be considered for funding. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. Specific Authority 374.976(2) FS. Lmv Implemented 374.976(1) -- (3) PS. History ~ New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, , Formerly 16T-2.008. 66tl-2.009 -- Project Administration. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent to act on its behalf in carrying out the terms of the :project agreement. Administration of the project will be as follows: (1) A project agreement will be executed between the District and the project sponsor. (2) The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports 11 statements (c) 2.013. shall continue throughout the length of the project period until completion of the project. (3) The liaison agent may submit periodic reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12-17-90) hereby incorporated by reference and available fi:om the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. A final reimbursement request accompanied by all required billing and vouchers. Photograph(s) showing the installation of the sign required by s. 66B- (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds fi:om previous requests. Specific Authority 374.976(2) leS. Lco~ Implemented 374.976(1} IS. History- New 12~17-90, Formerly 16T-2. 009. 66B-2.010-- Project Agreement. (1) For each funded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two year period with the possibility for one, one year extension. (2) All proposed changes to the project agreement must be submitted to the District in writing by the pro.;~.ct sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (3) All project agreement amendments shall be approved by the District board except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioners concurrence. A minor project amendment shall not change the approved project's category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. 12 Specific Authority 374.976(2} AS. Law Implemented 374.976(1) FS. History ~ New 12-17-90, Amended 9- 5-96, Formerly 16T-2. Ol O. 66B-2.011 -- Reimbursement. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FllqD Form No. 90-24 (effective date 6-24-93) hereby incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and canceled payment vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific Authority 374.976(2) FS. Ltng Implemented 374.976(1) FS. History -- New 12-17-90, Amended 6- 24-93, Formerly 16T-2. OIL 66B-2.012., Accountability. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maihtaining such financial records as necessary to properly account for all program funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. These reports will summarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other appropriate information. (3) All required final completion certification documents and materials as outlined in s. 66B-2.009(5) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) All project records including project costs shall be available for review by the District or by an auditor setected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit 13 arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374,976(2} FS. Law Implemented 374,976(1) IS, History- New 12-17-90, Formerly 16T-2. 012. 66B-2.013 -- Acknowledgment. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific ,4uthority 374.976(2,) IS. £mv Implemented 374.976(1,1 IrS. History ~ New 12-17-90, Formerly 16T-2. 013. 14 FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATES PROJECT NUMBER: IR-SE-9~-23 PROJECT TITLE: M~in Strut Dock & Bolt Rimp Rep~ APPLICANT: Ci~, Of S~blstian Project Elements Quantity Estimat~l Applicants (Number and/or Cost Cost Dock Replacement 350' +$ 85000.00 +$ 43000.00 Finger Pier Extension 20' +$ 15000.00 +$ 7500.00 Boat Ramp Repalm 70' x 35' +$ 25000.00 +$ 12500.00 EXHIBIT +$ 42000.00 7500.00 +$ 12500.00 62000.00 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 1, 19981 has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor. ' ' ': ' Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 95-01 New 9/9/95 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: Amount of Assistance Funds Previously Requested Balance Available Funds Requested Less Retainage (10%) Check Amount Balance Available Less Check Amount Balance Remaining SCHEDULE OF EL~PENDITURES Expense Description (Should correspond to Vendor Name Cost Estimate Sheet Categories in Exhibit Check No. and Date Total Cost PROJECT NO.: BILLING NO.: Applicant Cost FIND - Form No. 90-24 Rev. 9/3/92 'Cost FIND - Form No. 90-24 Page Two SCHEDULE OF EXPENDITURES Expense Description (Should correspond to Vendor Name Cost Estimate Sheet Categories in Exhibit "B") Check No. Total Applicant FIND and Date Cost Cost Cost Oertification for Reimburs~.~ent: I certify tha~ the above expenses were necessary and reasonable for the accomplishment of the approved project and =hat these expenses are in accordance with Exhibit "B" of the Project Agreement. Project Liaison FIND - Form No. 90-24 Rev. 9/3/92 Date EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project No: I hereby certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and , dated ~, 19 .., and that all funds were expended in accordance with Exhibit "B" and Paragraph 5 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 90-23 Rev. 9/3/92 EXHIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: Report Due: Oct 1-DEC 15 REPORT PERIOD Dec 15-Mar 1 (March 15) Mar 1-June 15 (June 31) WORK ACCOMPLISHED: PROBLEMS ENCO~ERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 __ June 15-Sep 1 (Sep 15] EXHIBIT G WATERWAYS ASSISTANCE PROJECT SClqEDULE ~ OCTOBER 1, 1998 - Project Agreement Executed, Project Initiates. DECEMBER 31, 1998 - First Quarterly Report Due. MARCH 15,1999 - Second Quarterly Report Due. JUNE 31, 1999 - Third Quarterly Report Due. SEPTEMBER 15, 1999 - Fourth Quarterly Report Due. DECEMBER 31, 1999 - Fifth Quarterly Report Due. MARCH 15, 2000 - Sixth Quarterly Report Due. JUNE 31, 2000'- Seventh Quarterly Report Due, if project will not be completed and all close out paperwork submitted by September 1st a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 1, 2000 - Close-out paperwork due. SEPTEMBER 30, 2000 - District finishes processing close-out paperwork, perfoma, s project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require :advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit B, wo~fld be after receipt of bids. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Paragraph 10 of the project agreement. FLORIDA NAVIGATION E~U-HBIT H INLAND DISTRICT I City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Subject: Coastal Florida Police Benevolent Association, Inc. Approved for Submittal by: City Manager Thomas W. Frame Exhibits: "A" Resolution R-98-48 Agenda No. q~'. / q 7 Department Origin: H0man Resource~ Date Submitted: October 29. 1998 For Agenda of: Novemb~r~, 1998 SUMMARY STATEMENT Attached is the collective bargaining agreement between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc., for the period of October 1, 1998 to September 30, 2001. RECOMMEN1)ED ACTION Move to approve the Collective Bargaining Agreement and adopt Resolution R-98-48 entering into an Agreement with the Coastal Florida Police Benevolent Association, Inc., effective October 1, 1998. RESOLUTION NO. R-98-48 Florida and A RESOLUTION OF THE CiTY OF SEBASTIAN, I1N'DIAN RIVER COUNTY, FLORIDA, RATIFYI31G TIlE AGREEMENT WITI1 TIlE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATiON, INC., FOR THE PERIOD FROM OCTOBER 1, 1998 TItROUGH AND INCLUDING SEPTEMBER 30, 2001; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Coastal Florida Police Benevolent Association, Inc., is certified by the Public Employees Relations Commission as the bargaining unit for certain City employees; WHEREAS, the City and the Coastal Florida Police Benevolent Association, Inc., have negotiated a new three year agreement commencing on October 1, 1998 and ending September 30, 2001; and WHEREAS, the City and the Coastal Florida Police Benevolent Association, Inc,, have reached agreement on said contract. NOW TItEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The document entitled "C~llective Bargaining Agreement" between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc., which document is attached hereto and made a part hereto as Exhibit "A" is hereby adopted as the employment agreement between the City of Sebastian and the Coastal Florida Police Benevolent Association Inc., for those employees covered in said agreement and employed by the City, for the period commencing on October 1, 1998 and ending September 30, 2001. SECTION 3, This Resolution shall take effect immediately upon its adoption. SECT3[~)N 4. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION [ 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. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilm~'mber Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this ,1998. CITY OF SEBASTIAN, FLORIDA gv~ Ruth Sullivan, Mayor and, day of ATTEST: Kathryn M. 0'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Richard Stringer, City Attorney I I EXHIBIT'A' COLLECTIVE BARGAINING AGREEMENT between THE CITY OF SEBASTIAN, FLORIDA and COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. Contract runs from: October 1, 1998 to September 30, 200'1 ARTICLE 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 PBA Contract TABLE OF CONTENTS II II I Preamble Recognition Employee Rights Mavagements Rights P.B.A. Representation No Strike Bulletin Boards Due Deductions Employee/Management Committee Personnel Records Voting/Political Activity Seniority Probationary Personnel Temporary Assignment/Higher Classification Legal Benefits Training October I, 1998 to PAGE 1 2 3 4 5-6 7 8 9 10 11-12 13 14-15 13 17 18 19 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PBA Contract Education Hours of Work and Overtime Holidays Annual Leave Sick Leave Miscellaneous Paid Leave Leave of Absence Group Insurance Internal Investigations Equipment and Vehicles P~'omotions Grievance and Arbitration Procedures Wages Substance Abuse Testing Health & Safety Terms of Agreement Appendix A Appendix B Appendix C 1998/1999 Salary Chart 1999/2000 Salary Chart 2000/2001 Salary Chart October l, 1998 to 20 21-22 23 -24 25-27 28-30 31-34 35-36 37 38-42 43 -44 45-46 47-50 51-53 54-57 58 59 60 61 62 ARTICLE 1 PREAMBLE This Agreement is entered into between the City of Sebastian, Florida, hereinafter referred to as the "City" or the "Employer", and the Coastal Florida Police Benevolent Association, Inc., hereinafter referred to as the "P.B.A." and has as its purpose to set forth the agreement of the parties-. on conditions of employment of the employees in the bargaining uni~ and to promote harmonious relations between the City and the ?.B.A. P.B.A. Contract Article 1 October 1, 1998 to September 30, 2001 I I I I I I I I I I i I I I i I I I I ARTICLE 2 The City hereby recognizes the ?.B.A. as the exclusive bargaining agent for all matters affecting wages, hours, and oSher items, and conditions of employment for those employees in the bargaining unit certified by the Public Employees. Relations Commission, Certification No. 95E-194. P.B.A. Contract Article 2 Ocuaber 1, 1998 uo September 30, 2001 ARTICLE 3 EMPLOYEE RIGHTS A. The City and P.B.A. agree that the bargaining unit possess the rights enumerated in 112.532, Florida Statutes, and are entitled these rights without interference, restraint, or coercion from any person. This includes Union representation in any discussion between the employee and.' representatives of the city. It is also understood that the bargaining unit has as its goal to serve the citizens of Sebastian, Florida. B. Neither the City nor the P.B.A. shall discriminate against any employee because of race, creed, color, national origin, age, sex, handicap unrelated to qualifications or because of participation or non-participation in P.B.A. activity. The City and the P.B.A. further agree to avoid sexual harassment in the workplace and to abide by the principle of equal pay for equal work performed by men and women. Whenever in this Agreement the masculine gender is used it shall be deemed to include the feminine as well. P.B.A. Contract Article 3 October 1, 1998 to September 30, 2001 ARTICLE 4 MANAGEMENT' S RIGHTS The management of the City and the direction of the workforce is vested exclusively in the City subject to the terms of this agreement. Nothing in this Agreement shall affect the right of the City to determine the standards of service offered the public; to maintain the efficiency of ~ae City's operations; to determine the methods, means and personnel by which the City's operations are to be conducted; to direct the work of its employees; to hire, promote, demote, transfer, assign and retain employees in positions; to discipline, suspend or discharge employees for just cause and to relieve employees from duty because of lack of work; ~ ~ take any action, not inconsistent with the express provisions of this Agreement, necessary to carry out the mission of the City. Ail matters not expressly covered by the language of this agreement may be administered for its duration by the City in accordance with such policy or procedure as the City from time to time may determine. The above-mentioned Management rights are not to be interpreted as being all-inclusive, but merely indicate the type of rights which belong to and are inherent to Management. It is understood that any rights Management had prior to the signing of this agreement are retained by Management and will be exercised in accordance with this agreement, where appropriate. P.B.A. Contract Article 4 Cc:ober !, 1998 to September 30, 2001 ARTICLE 5 P. B .A. RE PR~ SENTATION Section 1, The Employer agrees to recognize elected officers and Union Representatives of the P.B.A. The Employer agrees that during the terms of this Agreement it will deal only with such authorized representatives in matters requiring official action by the parties in accordance with this Agreement. The P.B.A. agrees to supply the Employer with a list of authori, zed representatives in matters requiring official action by the parties in accordance with this Agreement. P.B.A shall appoint one (1) bargaining unit member from all of the units represented by P.B.A. to serve as the Chief Steward for all the employees in those units. The Chief Steward shall be a City employee on payroll status and shall be resp~.'~!~-ibil~i~ ~'~?. labor relations activities associated with the administration of this Agreement. Furthermore, he/she shall be responsible for coordinating and processing of grievances for all the Local Union members, and shall conduct activities to avoid overlapping or duplicating services of any other union representatives. These activities shall be conducted without disrupting the work of any City employees who are not directly involved. ~ection 2~ The P.B.A. agrees that Union Representatives shall not be permitted to leave their assigned duty stations during working hours without authorization of the Supervisor or Department Head. The P.B.A. agrees to conduct P.B.A, business outside of normal working hours in order not to disrupt the work of unit employees. This shall not the grievance procedure from being conducted during normal working hours. P.B.A. Contract Article 5 October 1, 1998 to September 30, 2001 5 Section 3, The City agrees to allow no mcre than two Representatives of the P.B.A. who are on duty at the time negotiations take place between the City and the ?.B.A., time away from their regular duties/shift assignments without loss of wages or benefits as long as it does not create a manpower/shift shortage. This will be done with the knowledge and permission of the Chief of Police or his designee. S~ction 4. The Employer will maintain job descriptions for. job classifications covered by this Agreement and will notify the P.B.A. of any intent to change such job classification. P.B.A. Contract Article 5 October 1, 1998 to September 30, 2001 ARTICLE 6 NO ST~tIKE ~ec~Q~ 1~ For purposes of this Article, ~Strike" means the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations of employees; the concerted abstinence, in whole or in part, by any group of employees from the full and faithful performance of their duties of employment with the Employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or participating in a deliberate andI concerted course of conduct which adversely affects the services of the Employer; the concerted failure of employees to report work after the expiration of a collective bargaining agreement. Section 2. The P.B.A. recognizes that strikes by public employees are prohibited by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida Statutes. The P.B.A. agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 1, above and to take all affirmative actions legally available to prevent or terminate any strike which occurs in contravention of this commitment. Section 3~ The P.B.A. recognizes that it and all acting in concert with it shall be liable to the penalties set forth in Section 447.507, Florida Statutes, in the event of a strike in violation of'this Article. Section 4. For the purpose of this Agreement, informational pickets shall be allowed, informational pickets shall not stop or discourage City Employees from normal business. Informational pickets shall not encourage ~he honking of horns. P.B.A~ Contract Article 6 October 1, 1998 to September 30, 2001 ARTICLE 7 BULLETIN BOkBD S Section_L, The City agrees to allow the P.B.A. the use of a bulletin board of reasonable size for the posting of notices of its official business pertaining to its members and to unit employees. No scurrilous, defamatory, or otherwise objectionable material will be posted. Any material which, in the discretion of the City, contravenes this provision shall be ordered removed by the City. Any material so removed, or a copy thereof, shall be given to the P.B.A. by placing in the P.B.A. representative's inter-office mail box. Section 2~ The bulletin board shall be used for the posting of the following: i Notices of P.B.A. recreational and social affairs. 2 Notices of P.B.A. elections and the results of such elections. 3 Notices of P.B.A. appointments .or other official union business. 4 Notices of P.B.A. meeting. Ail notices shall be signed by a duly authorized P.B.A. representative. Any other notices, including any notices containing information other than purpose, date, time, and place, may be posted on the designated P.B.A. bulletin board only with the approval of the ,City. S~ction_3. Ail costs incidental to the preparation and posting of P.B.A. material will be borne by the P.B.A. The P.B.A. is responsible for posting and removing approved' materials on the designated bulletin board and for maintaining such bulletin board in an orderly condition. P.B.A. Contract Article 7 October 1, 1998 to SepSember 30, 2001 ARTICLE 8 DUE DEDUQTIONS Section 1. Any member of the bargaining unit may have his membership dues deducted from his wages. Dues shall be deducted twice a month and-shall thereafter be transmitted monthly to the P.B.A., accompanied by a list of those employees' names whose dues are included. Section 2. The amount of dues deducted shall be established by the President of the P.B.A. in writing to the City. The City shall make any adjustments in dues within 30 days of notification of said adjustment. ~ect~oJ1 3. The Union, upon the presentation of Application for Membership form, (aDDendi~ A) dues deduction, duly executed by the individual employees covered by this Agreement, shall be entitled to have such employees' membership dues or service fees deducted from their paychecks on a bi-weekly basis and remitted to the Union. An assignment of wages/Dues deduction may be canceled by the employee on thirty (30) days notice ko the City and to the Union. .. The Union agrees to indemnify and hold harmless the Employer from any loss or damages due to payroll errors arising from the operation of this Article. P.B.A. Contract Article 8 October 1, 1998 to September 30, 2001 ARTICLE 9 EMPLOYEF~ / MANAGEMENT COMMITT~ Section 1. There shall be an Employee/Management Committee consisting of the following P.B.A. and City representatives: A. Two (2) representatives of the P.B.A., one of whom shall be a designated representative, and B. The Chief of Police and the City Manager, or his designee. Section 2. The Employee/Management Committee shall meet every third month and on the same days of each month, (ie., January, April, July, and October, the second Tuesday at 10:00 a.m.) Sec~io~ 3~ The Employee/Management Committee will allow guests/outsiders only if mutually agreed upon by all parties. .$e~n 4. The Employee/Management Committee shall exchang~!. agendas at least one week prior to the scheduled meeting dates. Sec~QB 5~ The function of this committee will be to discuss general matters pertaining to employee relations and department operations. At no time will this committee discuss terms and conditions of employment or attempt to resolve contract grievance disputes. P.B.A. Contract Article 9 October 1, 1998 to September 30, 2001 10 ARTICLE 10 ~ERSO~4NEL RECORDS A. Each employee covered by this Agreement, shall have the right to inspect his official personnel file, provided however, that such inspection shall take place during working hours at the location where the official personnel file is kept. There shall be only one personnel file maintained by the City which shall be considered the official personnel file for purposes of personnel actions. B. Employees shall have the right to file a written response to any letter of reprimand or other document which is placed in the~ employee's official personnel file as a result of supervisory action or citizen complaint. Any such written response shall be included in the employee's official personnel file together with the letter of reprimand or other document against which it is directed. To the extent permitted by law and in order to protect the privacy and promote the safety of individual police officers, the City agrees not to directly or indirectly furnish the news media or the public with an employee's home address, telephone number, photograph, and/or personnel records without the employee's consent. C. The P.B.A. agrees not to directly or indirectly furnish the news media or the public with personnel records without the consent of the City and the employee, thus mutually agreeing to the confidentiality of personnel records othe'- than required by law. D. Oral reprimands shall be removed from an employee's official personnel file six months after the reprimand is memorialized as long as the same or a similar situation has not occurred. P.B.A. Contract Article 10 October 1, 1998 to September 30, 2001 i I I I I I I I I I I I I i I i i I E. Written reprimands shall not be used when considering subsequent discipline where an officer has had no disciplinary action against him for a period of one (1) or more years from this issuance of the reprimand as long as the same or a similar situation has not occurred. P.B.A. Contract Article 10 October 1, 1998 to September 30, 2001 ARTICLE 11 VOTING / POLITICAL A~CTIVITY A. During a primary, general, or special election, an employee who is a registered voter and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where the polls are open two hours before and two hours after the employee's regular scheduled work period, it shall be considered sufficient time for voting. B. Employees will be allowed to engage in the full range of political activities guaranteed to all citizens while off duty and not in uniform. P.B.A. Contract Article 1! October 1, 1998 to Septen%ber 30, 2001 13 A/~TICLE 12 SENIORITY A. The City agrees that seniority shall consist of continuous accumulated paid service with the City. B. Seniority shall be computed from the date of hire and shall accumulate during leaves of absence due to injury, illness, vacation, or any other leave authorized and approved by the City. C. Vacation periods for each calendar year shall be drawn by employees on the basis of seniority and selection will be completed. When an employee has selected dates for vacation the dates can be changed only by an employee with greater seniority and the request to change by the senior employee is made at least 90 days prior to the first day the previously scheduled vacation. D. In the event of a layoff for any reason, employees shall be laid off in inverse order of their seniority in their classification. An employee to be laid off who has advanced to his present classification from a lower classification.in which he held a permanent position shall be given a position in the lower classification 'within the department. His seniority in the lower classification shall be established according to the date of his permanent appointment to that classification. Employees shall be called back from layoff according to the seniority in the classification fro~which the employee was laid off. No new employee shall be hired in any classificaEion until all employees on lay-off status in tha~ classification have had an opportunity to return to worg. The City is not obligated to recall an employee after has been on layoff for a period of two(2) years. P.B.A. Contract Article 12 October 1, 1998 to Sep5ember 30, 2001 division, reasonable factor. Employees shall be notified of their recall to work by phone. If direct contact to the former employee is not made, a registered letter will be mailed to their address of record and he/she shall be given twenty (20) calendar days to return to work. A recalled employee shall notify the employer in writing within ten (10) calendar days of receipt of the recall letter of the employee's intent to return to work. G. An employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverage in existing programs during the lay-off provided that premiums for such insurance programs if available under the Insurance Policy, shall be paid by the employee on a monthly basis in advance of the month due. H. Recall will be at the current rate of pay for the classification but not lower than when the employee was laid off. Upon recall all credit for salary fringe benefits and seniority shall be restored as of the date of layoff. In the event of a vacancy in any department or and promotional vacancy, seniority will be given consideration but will not be the determining J. Seniority will be given reasonable consideration in the selection of any employee to be sent to any type of schooling but shall not be the determining factor. ?.B.A. Contract Article i2 Cc~ober 1, 1998 to September 30, 2001 ARTICLE 13 PROBA=T IONA~¥ P~R$ONNEL A. Ail new employees in the department shall serve a probationary period of one (1) year, which shall not be extended, during which they shall not be entitled to any seniority or tenure rights but during such period shall be subject to all terms and conditions of this Agreement. Upon completion of said one (1) year probationary period, employees shall be known as permanent employees and seniority rights and tenure shall accrue from the commencement of the probationary period and shall be,considered a part of such employees seniority rights. B. A probationary employee shall have all the rights of the grievance procedure except where the said employee is terminated for failure to satisfactorily complete his probation as determine~! by the Department Head and the City Manager. P.B.A. Contract Article 13 October 1, 1998 to September 30, 2001 ARTICLE 14 TEMPORARY A~SIGNMENTS / HIGHER CLASS A. The City Manager or his designee may, in writing, assign a bargaining unit member to a higher job classification for a temporary period. The affected bargaining unit member shall be entitled to receive the increased salary of the higher job. classification foriii.i!~a $1.00 an hour increase to their base salary for each day worked in that higher classification. The provisions of this section shall apply to temporary assignments to the position of Sergeant, Field Training Officer (FTO), or Investigator. Appointment as an Investigator or as a FTO is considered a temporary duty assignment and not ~iiiiii~ romo t ion. P.B.A. Contract Article 14 October 1, 1998 to September 30, 2001 17 ARTICLE 15 LEGAL BENEFITS A. To the extent covered by insurance: (1) The City will defend employees against any legal actions taken against them as a result of their actions while acting in the scope of their employment, unless such employees acted in bad faith or with malicious purpose or in a manner' exhibiting wanton and willful disregard of human rights, safety or property (i.e. in the line of duty) and will initiate any proper and appropriate counter-suits; and, (2) The City agrees to indemnify all employees against judgments levied against them as a result of their actions while acting legally and within the rules and regulations of the Police Department and the City in the scope of their employment. B. The City has no obligation to the employee to continue any such insurance. Any non-renewal shall be negotiated with the P.B.A. before any decision is finalized~ Contract Article 15 October 1, 1998 to September 30, 2001 AI~TICLE 16 TRAINING AND PHYSICAL FITNESS A. The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to responsibilities, and rendered to the public. B. Where supervisory techniques, higher positions and greater improving the quality of service the City requires any employee to attend training and/or training in specialized the City will make every reasonable effort to facilitate the employee attending such training during his normal working hours. In the event the City is unable to schedule the employee to attend such training during his normal working hours, the employee shall be required to attend such training during his off-duty hours; provided, however, that the time spend by the employee in such training during his off-duty hours shall be compensated in accordance with the Hours of Work and 0vertime Article of this Agreement. C. All sworn officers will be required to train and qualify with their service weapon on a semi-annual basis. The training will be conducted by a certified firearms instructor. All ammunition and safety equipment will be furnished by the City. Any employee required to attend such training during his off-duty hours will be compensated in accordance with the Hours of Work and Overtime Article of this Agreement. An employee will be required to attain a passing score, as determined and set by the Florida Criminal Justice Standards and Training Commission, at the time of firearms qualifying. D. The City may provide the employees with a library of current publications pertaining to Florida Law Enforcement, including current Florida Statutes. P.B.A. Contract Article 16 October 1, 1998 to September 30, 2001 ARTICLE 17 EDUCATIQN H. SERVICE REOUIREMENT Employees who are reimbursed for such cdurses agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course. Should an employee leave City service with in one year after completion of the course, he is required to return any payments to the City or it will be deducted from his final paycheck. P.B.A. Contract Article 17 Cc~ober 1, 1998 to September 30, 2001 ARTICLE 18 HQURS QF WORK ARQ OVERTIM~ The following provision shall govern hours of work and overtime. A. Fourteen (14) days shall constitute a normal work period for an employee covered by this Agreement. Nothing. herein shall guarantee an employee payment for eighty (80) hours of work in any work period unless the employee actually works eighty (80) hours in the work period. For the purposes of this Agreement, approved leave shall mean any leave compensated by the City. The current work schedule plan will remain in effect for the duration of this Agreement. B. Hours worked in excess of eighty (80) .hours in a fourteen (14) day work period shall be compensated at the rate of time and one-half (1 h) of the employee's regular, straight time rate. For the purposes of overtime compensation, time spent by an employee on personal leave, annual leave, holiday pay, sick leave, funeral leave, jury leave, military leave, or any other approved leave with pay shall be considered time worked. Hours for which compensation~ is given as holiday pay for hours not actually worked by the employee, however, shall not be counted as hours worked for the purpose of computing overtime pay. If an employee has accrued overtime and desires to bank compensatory t_me at a rate of time and on half rather than be paid for the overtime, the employee shall, prior to the end of the fourteen (14) day work period in which the overtime was credited, advise the Chief of Police of his desire to bank compensasory time in lieu of pay. The Chief shall attempt to accommodate the desires of the employee as to the time off desired, work schedules and conditions permitting. 9.B.A. Contract Article 18 Cctober 1, 1998 to September 30, 2001 I .I I I I I I I I If no compensatory time is requested, then the employee shall be paid at the overtime rate of time and one half. Employees may bank up to eight (80) hours. Any unused time as of September 30th of each year will be paid to the employee in the next payroll check. Call Out - If an employee covered by this Agreement is called out to work at a time outside his normal working. hours, he shall receive and work a minimum of two (2) hours pay. Travel time shall be time worked. Court Time - If an employee is required to appear at a deposition or court proceeding which is related to his employment and such appearance occurs at a time outside his normal hours, he shall receive a minimum of three (3) hours pay. However, if the employee's normally scheduled working hours commence prior to the expiration of the three (3) hours minimum period, the employee is entitled to be paid for Court Time for only that portion of the minimum three (3) hour period which occurs prior to the normally scheduled work. Outside Employment - shall be controlled by the City's Standard Operating Procedures and departmental general orders. No City uniform shall be worn or City equipment used. P.B.A. Contract Article t8 Cctober 1, 1998 to Sepnember 30, 2001 ARTICLE HOLIDAYS Sectio~ ~ The following shall be paid holidays for regular full-time employees: NEW YEAR'S DAY PRESIDENT'S DAY MEMORI/tL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY - THANKSGIVING DAY FRIDAY AFTER THANKSGIVING DAY CHRISTMAS EVE CHRISTMAS DAY Section 2. Holidays will be designated as the actual day of the holiday for .the purposes of holiday pay. Employees regularly scheduled to work Monday through Friday may be required to take the observed, rather than the actual holiday as their designated holiday. Section 3. No regular full-time employees shall receive pay for a holiday unless he is in active pay status or actually works his normal schedule on the day immediately preceding and following the day on which the holiday is observed. For purposes of this Article, "active pay status" means approved sick or annual, leave, military leave, jury duty or other approved leave with pay. P.B.A. Contract Article 19 October 1, 1998 to SePtember 30, 2001 23 SeC~£on 4. Regular full-time employees who are scheduled and required to work on the actual holiday and who work on that day shall receive time and one-half of the employee's regular hourly wage for each hour worked during the holiday. S~qtion 5~ Regular full-time employees will receive their scheduled shift hours ( 8 or !0 hours ) as holiday pay for the holiday. P.B.A. Contract Article 19 October 1, 1998 to September 30, 2001 ARTICLE 20 Section 1. ELIGIBILITy Only regular full-time employees are eligible for paid annual leave. Section ~ RATE OF ACCRUAL (a) Annual leave is earned on a pro rata monthly basis at the following annual rates. CONT INUDUS UNBROKE~ LEAVE: EMPLOYMENT 1 year but less than 5 years 5 years but less than 10 years 10 years and over BI-WEEKLY ACCRU3LL p~TE 3.33 Days 5.00 Days 6.67 Days FULL TIME ANNUAL 10 Working Days (80 HoUrs) 15 Working Days (120 Hours) 20 Working Days (160 Hours) (b) No annual leave may be taken during the first six months of employment. Annual leave accrual rate changes take effect on the pay period closest to an employee's anniversary date. For the purpose of this section ~anniversary date" shall mean those one year increments from the date of employment. Section 3. ~EOUEST FOR ANNUAL LEkV~ (a) A request for annual leave shall be submitted in writing to the employee's Department Head. P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 25 I I I I i I I I I I I I I I I I I I I (b (C (d) A request for leave shall not be granted if the employee has no accrued balance of annual leave. Annual leave shall not be used in advance of its being earned. The minimum charge against the accrued annual leave balance is one hour. One hour shall be deducted from an employee's accrued leave balance for each hour of pay thereof that an employee is actually absent from his duty station. No annual leave may be taken in advance of its approval by the Department Head. SectioD 4~ (a) USE QF ANNUAL LEAVE Annual leave may be used for the following reasons: (1) Vacation (2) Absences from business which working hours. (3) Religious holidays holidays. (4) Medical leave if exhausted. duty for transaction of personal cannot be conducted outside of not designated as official sick leave balance has been (5) Any other absences not covered by existing leave provisions, in the discretion of the City. (b) An employee who becomes sick while on annual leave may substitute accrued sick leave for annual leave for the period of illness. Upon the request of his Department Head, the employee shall supply appropriate certification from a physician as to the nature and duration'of the illness. c. Dm_nua! leave may be accrued up to a maximum of twice the employee's annual vacation entitlement. Contract Article 20 Oc%eber 1, 1998 to September 30, 2001 Section 5. CASH-IN POLICY Employees may request to cash-in 40 hours of accrued vacation time under the following procedures: 1. The employee must request the cash-in of 40 hours annual leave in March of the preceding year. 2. The employee can cash in only 40 hours (no more, no less). 3. The employee must have an accrued vacation balance of at least 60 hours upon the date of cash-in. 4. The employee will receive the 40 hours of cashed - in vacation hours during a regular pay day. Section 6~ SERARATION FRO~LE~pLOYMENT Upon retirement, resignation, or other separation from the service of the City, a regular full-time employee shall be entitled to be paid for his accrued balance of annual leave at the rate or pay received by the employee on the date of separation. P.B.A. Contract Article 20 October 1, 1998 to September 30, 2001 ARTICLE 21 ~ICK LEAVE Sgcsion 1~ ELIGIBILITY Only regular full-time employees are eligible for sick leave with pay. Section 2, ACCRUAL OE SICK LEAVE (a) Regular full-time employees accrue sick leave at the rate of 4.0 hours per pay period of sick leave with pay for each two week period of employment to a maximum of 12 days per year. (b) Sick leave does not accrue while an employee is on leave of absence, leave without pay, or sick leave, unless the sick leave is the result of injury in the line of duty. Sgction 3. REOUEST FOR SICK LEAVE (a) An employee who is incapacitated and unable to work shall notify his employer prior to the employee's scheduled reporting time. The employee shall state the nature of his incapacitation, its expected duration, and the expected period of absence. The employee shall repeat this procedure on each day he is unable to repor~ to work, unless excused by his Department Head, or if the employee has a doctor's note excusing the employee for an extended period of time. The City reserves the righ~ to request the employee go to another physician, at the City's expense, to verify the length of time needed to be out. (b) Upon the employee's return to work, appropriate written documentation of ~he employee's sick leave will be submitted by the emplcyee to the City Manager or his designee when the employee is out of work for three (3) or more consecutive days. P.B.A. Contract Article 2! October 1, 1998 to September 30, 2001 Section 4. USE OF ~ICK LEAVE Sick leave may be used for the following reasons: 1 Employee ill health or maternity; 2 Medical, dental, or optical treatment required during working hours; 3 Quarantine due to exposure to infectious disease; 4 Employee ill health while on annual leave; 5 In connection with Worker's Compensation; 6 For death in employee's immediate family to extend bereavement leave; 7 Illness of an immediate family member requiring the employee to remain at home with ill family member. (b) Whenever it appears that an employee abuses sick leave, such as when an employee consistently uses sick leave immediately upon its being accrued or before or after holidays or scheduled days off, the employee shall be required ~ furnish competent proof of the necessity for the claimed absence due to illness. The City reserves the right to require a physician's certification in all cases 'of ~eported illness. Abuse of sick leave shall constitute grounds for disciplinary action. .,7 (c) Sick leave may not be used for absences due to illness or injury sustained while engaged in 'outside employment. (d) Every employee entitled to sick leave benefits and who does not take any sick leave during such yearly period, shall be given one day'_ pay, which payment made in the first' pay period in December, and, in addition, shall be given his birthday off with pay, subject to the work schedule and at the department bead's approval. P.B.A. Contract Article 21 Cctober 1, 1998 to September 30, 2001 29 If work requirements do not reasonably permit the employee to take off from work on his birthday or if the birthday falls on a holiday or day off, some other mutually agreeable day near the employee's birthday may be taken off with pay. The day's pay shall consist the number of hours of Shift assignment that the individual is currently working. Section ~ RETIREMENT FROM EMPLOYMENT Upon retirement and after ten (10) years of service to the City, a regular full-time employee shall be entitled to be paid for the balance of sick leave at his current rate of pay up to a maximum of 425 hours schedule: 10 years service 13 years service 14 years service 15 years service 16 years service 17 years service at the following rate and 5O% 55% 6O% 65% 70% 75% P.B.A. Contract Article 21 Cctober 1, 1998 to September 30, 2001 ARTICLE 22 MISCE~OUS PAID_ LEAV~ Sectiorhl. EUNERAL LEAVE With the approval of the Department Head, paid funeral leave not to exceed three consecutive working days may be granted to a regular full-time employee in the event of a death in the employees immediate family. For purposes of this provision, an employee's immediate family is defined as the employee's spouse, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, grandchildren, grandparent or any relative who is domiciled in the employee's household. Funeral leave shall not be charged to annual sick leave or to compensatory time. Any absence in excess of three days in connection with approved funeral leave will be cha~a.i to accrued sick leave or, to accrued annual leave, at the employee's option. Section 2. COURT LEAVE Employees attending court as a witness on behalf of a public jurisdiction or for jury duty during their normal working hours shall receive leave with pay for the hours they attend court. All regular employees subpoenaed to attend court are eligible for leave with pay. Those employees who become plaintiffs or defendants are not eligible for leave with pay, unless the court appearance is a direct result of their employment. Employees who attend court for only a portion of a regularly scheduled work day shall report to their supervisor when excused or released by the court. P.B.A. Contract Article 22 October 1, 1998 to SeptenLber 30, 2001 31 Employees required to attend court while on scheduled vacation may be allowed to take court leave instead of vacation leave for such period, provided that the court appearance meets the requirement of this section. Section 3, D3~ILITY LEAVE A. Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the. City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the worker's Compensation Law be entitled to the following: (1) During the first eighty (80) working days of such disability, the employee shall receive net supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment. (2) Therefore, the employee may utilize any accrued sick or annual leave in order to receive supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment until such annual or sick leave is exhausted. (3)There after, the City may, at its discretion, grant .'an unpaid leave of absence to the employee for a period not to exceed one year. B. If an employee, due to an on-the-job injury, is temporarily or partially disabled from performing the duties of his/her classification, but is determined to be able to perform light duty by a physician desig~)ated by the City, the employee may be required to perform such duty or lose. the employment connected disability leave supplemental benefits. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. P.B.A. Contrac~ Article 22 October 1, 1998 to September 30, 2001 Such reassignment shall be to other duties commensurate with medical and mental fitness, availability of suitable work, and the employee's qualifications for the position. An employee shall not be permitted to continue in a light duty position after reaching his maximum medical improvement. C.Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall 'determine the employee's condition and fitness for full or partial return to duty. D. No employee will be entitled to employment connected disability leave with the benefits described herein if the injury suffered has been determined to have been the result of intentional self-infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. E. While receiving employment connected disability benefits, an employee shall be entitled to all benefits which he would normally receive pursuant to his employment with the City. ~9q~ion 4. MILITARY LEAVE A. Regular full-time employees who are commissioned reserve officers or reserve enlisted personnel in the United States Military or Naval Services or members of the Florida National guard shall be entitled to leaves of absence for their respective duties without loss of pay, vacation leave, efficiency rating or time for such time as they shall be ordered to military service or training in an active duty or inactive duty for training status for a period not to exceed seventeen (17) working days in any one annual period. P.B.A. Contract Article 22 October 1, 1998 to September 30, 2001 33 B. The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the formal request for military leave at least two weeks in advance. C. Regular full-time employees who are members of the Armed forces Reserve or Florida National Guard shall be excused from work without pay to attend active or inactive duty training drills as required in excess of seventeen (17) working days in any one annual period. Evidence of membership in the applicable organization shall be provided to the department by the employee, requests for such absences from work can be made by the employee either orally or in writing. The submission of the applicable Reserve or National Guard training schedule will satisfy this requirement. Except upon declaration of civil emergency conditions, if there is a conflict between departmental schedule and the required military training, the department will make every effort to excuse the employee from work. Section 5. pERSONAL LEAVE A. Each regular full-time employee shall be entitled to three (3) days of personal leave per year to be taken from that employee's accrued sick leave, at the employee's option, with the approval of the Chief of Police. No personal leave shall be taken to extend any vacation or holiday.. B. If an employee takes one or more days of personal leave, such leave shall constitute a day of sick leave within the meaning of Paragraph (d) on page 37 of this Agreement (use sick leave) and, as such, shall forfeit the extra day's pay and the Birthday holiday provided therein. P.B.A. Contract Article 21 Cc~aDer 1, 1998 to September 30, 2001 ARTICLE 23 LEAVE O~ ABSENCE A. An employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, or other good and sufficient reasons which are considered to be in the best interests of the City. 1. Such leave shall require the prior approval of the Chief and the City Manager. 2. Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pays' 3. The leave of absence may be withdrawn by the City Manager, and the employee recalled to service if the need for the leave no longer exists. 4. An employee granted a leave of absence must submit a written statement monthly to the Chief of Police advising the Chief of his/her status. A copy of this written status report will be forwarded to the City Manager. 5. Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resignation of that employee. 6. Holidays, sick leave, annual leave, and any other benefits based on time spent in the employ of the City shall not accrue during a leave of absence, provided however, that t'.e employee may maintain his health insurance program by paying the total cost of his group insurance program plUs the administrative fee allowed by law. Longevity increases, merit increases, and any other increases for which the P.B.A. Contract Article 23 October 1, 1998 to September 30, 2001 35 employee may become eligible based, in whole or in part, on length of service with The City shall not be credited during any period of leave of absence in excess of thirty (30) date in one calendar year. B. An employee shall return from leave of absence to the same step of his salary grade as at the time of commencement of the leave of absence to the next available opening in his classification. P.B.A. ConTract Article 23 October I, 1998 to September 30, 2001 ARTICLE 24 ~ROUP INSURANCE Sectiofl 1~ During the term of this agreement, the Employer agrees to pay the premiums to provide group health insurance coverage to regular full-time employees. It is expressly understood by all parties that the Employer shall not pay the. premium for group health insurance coverage for any dependent' coverage. However, the Employer agrees to provide group health insurance coverage for eligible dependents on a payroll deduction basis provided the employee pays the entire premium for said dependent health insurance coverage. Section ~. The Employer agrees to provide continued group health insurance coverage during the term of this agreement for employee coverage only up to a maximum of $3,900 per year. Any premium in excess of $3,900 per year shall be paid by the employee as a payroll deduction. The City will pay $50.00 towards dependent coverage for those employees who are qualified. ' Section 3. The City agrees to form an employee committee, which will include the P.B.A. representatives, to review the current insurance benefits and cost, and to compare the current benefits to those offered by different companies. P.B.A. Contract Article 24 October 1, 1998 to September 30, 2001 37 I ARTICLE 25 INTERNAl_ INVESTIGATIONS AND OBLIGATIONS TO TLE PUBLIC A. The parties recognize that the security of the City and its Citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves the employees in all manner of contracts and relationships with the public and out of such contracts and relationships, questions may arise or complaints may be concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental sworn supervisory officials whose primary concern must be the security of the City and preservation of the public interest. B. In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizen complaints and matters of internal security; provided, however, that any investigative interrogation of any employee covered by this Agreement relative to a citizen's complaint and/or a matter of internal security shall be conducted under the following conditions and in accordance with Florida Statue Chapter 112 which is incorporated herein in it's entirety as a part of this agreement (should Florida Statue 112 be amended during this Agreement, such amendmen~ shall automatically be incorporated herein): P.B.A. Contract Article 25 Cc:ober 1, 1998 to September 30, 2001 (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (2) The employee under investigation shall be informed of the nature of the investigation prior to any interrogation. (3) The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the. investigation, the interrogation officer, and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator at any one (1) time. (4) Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations shall be held at the headquarters of the Sebastian Police Department or the Sebastian City Hall. (5) At the request of the employee under investigation, he shall have the right to be represented by council or of any other representative of his choice, who shall be present at all times during such interrogation. (6) The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statement. (7) If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be-completely informed of all his ~nda and Garrity v. N,J. rights prior to the commencement of the interrogation. (8) No employee shall be ordered or be able to volunteer ~c submit to any device designed to measure the truth of his responses during questioning. Contract Article 25 October 1, 1998 to September 30, 2001 39 I I I I I I (9) During interrogations, the employee shall not be subjected to offensive language or threats cf transfer, dismissal, or other disciplinary actions. The interrogator does not have the right to make a promise of reward as an inducement to answering questions. (10) During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. (il)In the interest of internal security and fairness to the employee under investigation, the City and the employee, insofar as is legally permissible, agree to make no statements concerning the investigation until such ~ime as the investigation has been completed. In the event any organization or person representing such employee makes public statements concerning the allegations under investigation, the City shall have the right to respond to any verified public statement in any manner it deems appropriate. (12) An employee under investigation may obtain a copy of any written statement he has executed. (13) In all cases wherein an employee is to be interrogated concerning an alleged violation of the department's Rules and Regulations which, if proven, may result in his dismissal or in some other disciplinary measure, he shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his choice and a representative of the P.B./. before being interrogated. The attorney and the P.B.A. representative may be postponed for no more than twenty-four (24) hours, except by mutual agreement. P.B.A. Contract Article 25 Ocn©ber 1, 1998 to Septe.~ber 30, 2001 (14) When any police officer has been charged with any violation of Departmental Rule and Regulations, neither the City nor the employee will make any public statement concerning the alleged violation until after the investigation is completed. (15) Any employee may be ordered to submit to a blood test to determine the percentage of alcohol in his blood if the employee appears to be under the influence of alcohol. Such' test may be given if requested by the employee. (16) No employee will be compelled by the City to speak or testify or be questioned by any non-governmental agency. (17) In cases where the City chooses to relieve an employee from duty pending an investigation, the following conditions shall prevail: (a) the employee will remain on full salary and allowances shall not lose any benefits during this period of time. (b)Should disciplinary action result from the investigation, that period of time in which the employee was relieved from duty will be included in the disciplinary action. In the event that an employee has been paid, the employe~'s accumulated leave or compensatory time shall be charged as a set-off at the employee's option. (18) During internal investigations or interrogations, questions shall be limited to the circumstances surrounding the officer's alleged violation of department rule. s. (19) The findings of the internal affairs investigation shall be labeled Sustained (guilty as charged) or Not- Sustained (not guilty). No other terminology may be used. (20) Only letters of complaints from citizens which have been sustained in whole or in part will be inserted in an officer's personnel record. P.B.A. Contract Article 25 October 1, 1998 to September 30, 2001 (21) The charge of conduct unbecoming an officer will not be employed by the City. (22) The City shall not discipline any employee without just cause and due process. The City may discharge any probationary employee without just cause or due process. (23) Any employee involved in a shooting where injury and/or death occurs, the employee involved shall not be compelled to make any oral or written statements. The. employee shall be given the necessary time to consult with his attorney prior to making any oral or written statements. C. In any case where the City believes there is just cause for loss of pay or more serious disciplinary action the employee and 5he P.B.A. shall be notified in writing. D. In the event an employee becomes the subject of a formal departmental or City investigation arising from a citizen's complaint or allegation, the department or the City, whichever is appropriaSe, shall individually notify the employee of the complaint. Upon the conclusion of the formal investigation, the employee, will be notified of the disposition of the complaint. E. The City agrees that no adverse action will be taken against any employee based solely on his exercising any rights provided for in this Article. P.B.A. Contrac~ Article 25 Oc%ober 1, 1998 to September 30, 2001 ARTICLE 26 EQUIPMENT AND VEHICI~ A. The City will provide the following equipment at no cost to the employee: 1 hand-held radio to all sworn Officers; 4 pairs of trousers (additional as needed); 4 short-sleeved shirts (additional as needed); 1 long-sleeved dress shirt; 1 tie; 1 winter jacket;' 1 summer jacket; 2 pairs of shoes or boots per year as needed; 1 sidearm and ammunition; 2 collar insignias, as needed; 1 large badge; 1 small badge; 1 rechargeable flashlight; 1 hat; 1 ballistic vest; and , all leather gear. B. Any employee who shall receive any breakage, loss or damag~ to any of the above listed equipment, in the line of duty, shall have such equipment replaced at no cost to the employee. Personal equipment which is lost, broken or damaged, in the line of duty, shall be replaced according to the following schedule; wrist watch, not to exceed replacement cost or $60, whichever is less; weapon at replacement cost; handcuffs at replacement cost; eyeglasses up to $200; and miscellaneous items not to exceed $100. As to all times listed in this paragraph (B), each employee shall submit a list of such items for filing with the Chief of Police. Items not so listed shall not be replaced at the cost of the City. When any such item is charged, it is the responsibility of the employee to amend his list on file with the Chief. C. Each employee will receive $45.0C~ per month for uniform cleaning. D. If any Vehicle driver finds any fault in the vehicle which might constitutes a safety hazard, the driver shall immediately advise his Shift Commander. If the Shift Commander agreesf the vehicle will not be returned to duty until the safety hazard(s) are eliminated. P.B.A. Contract Article 26 October 1, 1998 to September 30, 2001 I I I I I I I I I I i I I I I I I I 43 E. The City will arrange to have each vehicle thoroughly inspected by a qualified Officer on a monthly basis. F. Patrol vehicles will contain the following equipment in working order: rotating emergency light; siren; loudspeaker; two- way radio; shot gun and shells; first aid kit; fire extinguisher; raincoat; reflectorized wind breaker; and, a prisoner cage guard in all vehicles which shall be used to transport prisoners. G. Ballistic vests will be worn in accordance with departmental policy. Ballistic vests shall be tailored to each individual officer. An officer may be excused from wearing a ballistic vest for medical reasons as determined by a physician selected by the City. P.B.A. Contract Article 26 Octc~er !, 1998 to September 30, 2001 Ai~TI CLE 27 PROMOTIONS 1. Promotion to Sergeant: A. Whenever a budgeted promotional vacancy exists in the rank of Sergeant, the City shall promote an employee to fill such vacancy within thirty (30) days, from an existing eligibility list, if such a list is 'in existence. Should there be no valid eligibility list at the time a budgeted promotional vacancy occurs, the City shall establish a new eligibility list within one hundred twenty (120) days. Upon certification of the new eligibility list, the budgeted promotional vacancy shall be filled. Effective" October 1, 1994, the position of Senior Investigator will b~ abolished and a Sergeant position will be created, following the promotional procedures as outlined in this Article. B. The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for one additional three(3) month period by the City Manager. probationary period may be further extended if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Sergeant if found unsuited for the work of the position during the probationary period, he/she shall be reinstated to his/her former position. C. A promotional examination will be given annually. An eligibility list will be established to become effective upon the expiration of the previous eligib~lity list and shall remain in effect for one (1) year from the date it becomes effective or until all names on the list have been exhausted, whichever occurs first. D. TESTING CRITERIA AND SCORES Promotions to the rank of Sergeant will be made from an eligibility list, the ranking of which will be determined by the following: P.B.A. Contract Article 27 October 1, 1998 to September 30, 2001 45 WRITTEN EXAMINATION 50% The EXPERIENCE EDUCATION ORAL BO~D ORAL BOARD Oral Board will 15% 10% 25% consist of three (3) experienced law enforcement officers from other agencies selected the Chief of Police. The City Manager, or his designee, will coordinate the Oral Board to ensure compliance with the City's recruitment and selection procedure. The Chief may also select one person from the Sebastian Police Department to serve as a resource person. The resource person to the Board shall have no input into the screening or grading of applicants. F. RAN~ ELIGIBILIty An officer will become eligible for the rank of Sergeant four (4) years from his date of employment by the City as a full-time police officer or after having served two (2) years as a police officer with the City of Sebastian and two (2) years of satisfactory service as a law enforcement officer with another law enforcement agency. G. ~ITERIA FOR SELECTION After testing is completed, a list will be made up of the top three (3) scores. The Chief will then have the sole authority to choose one (1) of the three to fill the vacant position. P.B.A. Contract Article 27 October 1, 19~a8 to September 30, 2001 ARTICLE 28 ~RIEVA~CE AND ARBITRATIQN PROCEDURE A. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there will be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement, and grievances involving discharge, suspension, demotion, or any other adverse personnel action against a member covered by this Agreement. B. Every effort shall be made by the parties to settle every. grievance as expeditiously as possible. Any grievance not answered by Management within the prescribed time limits shall automatically advance to the next highest step. Should the grieving party fail to observe the time limits as set forth in the steps of this Article, his grievance shall be considered conclusively abandoned. C. Where a grievance is .general in nature, in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the P.B.A. and the City, .such grievance shall be presented by the P.B.A.'s representative, in (10) writing, directly to the City Manager, Step 4, within ten calendar days bo the occurrence of the event(s). (1) D. Grievances shall be presented in the following manner: Step 1.The employee shall first take up his grievance with his immediate supervisor within ten (10) calendar days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the employee became knowledgeable of the choice of acsion. If the event(s) which give rise to the grievance occurred at the time when the employee was on annual leave, sick leave, or other compensated leave, the ten (10) calendar day period shall commence running immediately upon P.B.A. Contract Article 28 october 1, 1988 to September 30, 2001 47 the employee's return from such if the event(s) which give rise to the grievance occurred at a compensated leave. The first step shall be on an informal and oral basis. Step 2.Any grievance which cannot be satisfactorily settled with the immediate supervisor shall be reduced to writing by the employee and shall next be taken up with the Department Head through a representative of the P.B.A. and the employee. The grievance as specified in writing shall be discussed .by and between the employee and P.B.A. representative and the Department Head within ten (10) calendar days after the completion of Step 1. The Department Head shall within five (5) working days after his discussion render his decision in writing, with a copy to the P.B.A. Step 3.Any grievance which cannot be satisfactorily settled at Step 1 shall be reduced to writing by the employee and shall next be taken up with the Human Resources Director through a representative of the P.B.A. and the employee. The grievance, as specified in writing shall be discussed by and.between the employee, the P.B.A. representative and the Human Resources Director within ten (10) calendar days after completion of Step 2. The Human Resources Director shall, within five (5) working days after this discussion, render a decision in writing, with a copy to the P.B.A. Step 4.Any grievance which cannot be satisfactorily settled at Step 3 shall be reduced to writing by the employee and shall next be taken up -~ith the City Manager through representative of the P.B.A. and the employee. The grievance as specified in writing shall be discussed by and between the employee and P.B.A. representative and the City Manager within ten (10) calendar days after the completion of Step 3. The City Manager shall, winhin five (5) working days after this discussion, render his decision in writing, with a copy to the P.B.A. P.B.A. Contract Article 28 October 1, 1988 to September 30, 2001 E. Ail the above mentioned time frames may be extended in writing by mutual agreement. F. Ai~ITBATLQN 1. In the event a grievance processed through the grievance procedure has not been resolved in Step 4 above, the P.B.A. may request that the grievance be submitted to arbitration within fifteen (15) days after the City Manager renders a written decision on the grievance. The arbitrator may be an impartial person mutually agreed upon by and between the parties. If an impartial arbitrator cannot be mutually agreed upon within fifteen (15) days after the grievance is submitted to arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to~ furnish a panel of seven (7) names from which each party shall have the option, within five (5) of its receipt, of striking three (3) names in alternating fashion, thus leaving one name which shall be named the impartial neutral arbitrator. The City and the P.B.A. shall mutually attempt to agree in writing as to the statement of the grievance to be arbitrated.prior to the arbitration hearing, and the arbitrator shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the w~.itten statement which both the grievant and the City presented in Steps 2 and 3. The arbitrator shall fashion an appropriate remedy for violations of the provisions contained in this Agreement. 2. The arbitrator shall have no authority to change, amend, add to, ~btract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto.. ~he arbitration hearing shall be conducted in accordance with the rules of procedure promulgated by the Federal Mediation and Conciliation Service. 3. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of.~the arbitration hearing. P.B.A. Contract Article 28 October 1, 1988 to September 30, 2001 49 I I I I I I I I I I ,I I I .I I I I i I The impartial arbitrator's fees, including costs of arbitration transcripts, if any, and the expense of obtaining a hearing room, if any, shall be paid by ~he losing party. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such cost. 4. Copies of the arbitrator's decision shall be furnished to both parties within thirty (30) days after the close of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties. P.B.A. Contract Article 28 October !, 1988 to September 30, 2001 50 ,a :t T CT. . 29 WAGES 1. On October 1,1998 all steps of pay grade 27 shall be adjusted upward by two percent (2%) and all employees of the bargaining unit in pay grade 27 shall have their pay adjusted upward by two percent (2%). The City shall add three (3) additional steps of three percent (3%) to' the current pay plan. The City shall adjust pay grade 30 upward by seven percent (7%) and all bargaining unit employees in pay grade 30 shall have their pay adjusted upward by seven percent (7%). All employees in the bargaining unit will be eligible for movement to the next higher step in the pay plan upon receipt of an annual evaluation which is satisfactory or higher on the pay period closest to his/her anniversary date. The City Step Pay Plan is attached hereto as Exhibit A. 2. Effective 10/01/99, all steps in pay grade 27 shall be adjusted upward by two percent (2%) and all steps in pay grade 30 by five percent (5%). All employees shall have their pay adjusted accordingly with their respective pay grade. Each regular full-time employee shall also be eligible for movement to the next step in the pay plan upon receipt of an annual evaluation which is a least satisfactory on the pay period closest to his anniversary date. The City Step Pay Plan for 1999/2000 is attached hereto as Exhibit B. 3. Effective 10/01/00, all steps in pay grade 27 shall be adjusted upward by twc percent (2%) and all steps in pay grade 30 by three percent (3%). All employees shall have their pay adjusted accordingly to their respective pay grade. Each regular full time employee shall also be eligible for movement to the next step in the pay plan upon receipt of an annual evaluation which is at least satisfactory on the pay period closest to his anniversary date. P.B.A. Contract Article 29 October 1, 1998 to September 30, 2001 51 The City Step Pay Plan for 2000/01 is attached hereto as Exhibit C. 4. For the purpose of this Agreement, the term anniversary date shall mean the annual anniversary of an employee's entry into a particular job title. In the event an employee moves from one job title to another job title during the course of his employment with the City, such employee's anniversary date shall change to that date which is the anniversary of his' commencement of duties in the new job title. 5. A new police officer without any demonstrated education, training or experience in that job title, shall be placed at Step One. This employee shall be eligible for movement to Step Two at the completion of his first year of continuous, unbroken employment with the City in his job classification; provided that such employee receives at least a satisfactory performance evaluation upon his anniversary date. 6. The City reserves the right, based upon a new employee's previous education, training and experience, to exercise lateral entry and initially place such employee in any of the pay steps numbered three (3) or less which are allocated for the job title of police officer. 7. In the event a Police Officer is promoted to the job classification of Sergeant, the promoted employee shall be entitled to the entry level for Sergeant or a 5% increase in pay to the closest higher step for Sergeant, whichever is greater. 8. On or after October 1, 1998, all permanent employees shall advance to the next higher pay step for their job title upon receipt of an annual evaluation which is at least satisfactory. In the event an employee's performance is below P.B.A. Contract Article 29 October 1, 1998 to September 30, 2001 satisfactory, the City shall inform the employee, in writing, of his specific deficiencies and allow the employee a reasonable time, not to exceed ninety (90) days, to correct his performance. The City shall delay movement of the employee to the next pay step for his job title until such deficiencies are corrected. 9. Step increases, as set forth above, shall expire at the conclusion of the end of this three (3) year contract. All' future step increases shall be contingent upon a written contract to succeed this contract. 10. All investigators shall receive a non-uniformed clothing allowance in an annual amount of five hundred ($500) dollars payable in one lump sum payment on October 1st of each year. In the event an officer does not remain an Investigator of the entire fiscal year after receiving his clothing allowance, the officer shall repay the City of a pro ~'a~a basis. P.B.A. Contract Article 29 October 1, 1998 to September 30, 2001 53 ARTICLE 30 SUB_STANCE A~USE TESTING A. Subject to these administrative procedures, and employee in the Bargaining Unit may be requested to submit to an approved chemical test for the existence of controlled substances. Unless otherwise provided, the approved test will be based upon a urine sample. In the case of suspected alcohol abuse, a breathalyser examination may be utilized. 1. The City reserves the right to test for drug or alcohol abuse for the following reasons: a. pre-employment b. post accident c. return to duty and follow up d. reasonable suspicion (a) All employees, after a conditional offer of employment is made, are required to take a pre-employment physical, which includes a drug test. (b) Whenever a bargaining unit employee is involved in an accident, the City may require a drug or alcohol test .to determine whether substance abuse was a factor in the accident. When an employee who tested positive in a drug/alcohol test returns to duty, the City may require periodic drug testing for up to two years from date of return to work. (d) When the City has a reasonable suspicion, based on objective criteria that an employee is under the influence of alcohol or drugs, herein referred to as a substance, the City may require the employee immediately go to a medical facilitv ~o provide bo~h urine and blood specimens for the purpose .~!.. testing and to receive a fitness for work examination by a licensed physician. P.B.A. Contract Article 30 October 1, 1998 to September 30, 2001 (e) The following procedure shall be utilized in determining whether reasonable suspicion is present: (1) A police supervisor above the rank of sergeant must believe that there exists a reasonable suspicion that the employee appeared to be under the influence of drugs or alcohol while on duty with the City: Chief of Police or his designee, the City Manager or his designee, or the City Attorney or his designee. (2) This individual must personally observe the behavior of the suspected employee while the employee is on duty to corroborate the factual basis of finding of reasonable suspicion. (3) The supervisor who actually observed the behavior of the suspected employee shall independently fill out a dated, confidential report describing the behavior of the employee that supports a reasonable suspicion that the employee ~ay be under the influence of a drug or alcohol. (4) The Areas of Observation form shall read as follows: Areas of Observation - Date: Time: Demeanor -- agitated-aggressive-passive-cooperative Speech--slurred-loud-quiet-rambling-incoherent-normal Eyes -- bloodshot-dilated-closed-moist-normal Breath--alcohol odor-marijuana odor-normal Coordinate-- fumbling-jerky-slow reaCting-normal Actions -- talkative-threatening-calm-erratic-normal Skin -- sweaty-flushed-pale-clammy-normal Walking--unsteady-staggering-slow-normal Standing--swaying-rigid-feet wide apart-normal Additional Comments- P.B.A. Contract Article 30 October 1, 1998 to September 30, 2001 55 i i I I I I .i I I I I I i I i I I I i A copy of the completed form shall be made immediately available, upon demand, to a representative of the bargaining unit. (5) If a finding of reasonable suspicion is made by a police supervisor, the employee under suspicion shall be required to explain the reasons for the observed behavior. If the employee refuses to so respond, the employee can be requested to submit to a drug or alcohol test basted on the facts known to the. supervisor at the time the request is presented to the employee. If the employee explains the suspected behavior but the supervisor is not satisfied with the explanation, the employee may be requested to consent to drug or alcohol testing. 2. If an employee is requested to submit to a drug/alcohol test after the above procedures are met and the employee refuses to submit to such testing, the employee may be disciplined in accordance with the Standard Operating Procedures of the City. B. The initial drug test shall be the EMIT test, which shall be administered by a medically recognized laboratory chosen by the City. If the initial test is positive, a second test, the gas chromatography/mass spectrometry (GC/MS) test shall be conducted by a licensed facility selected by the City. 1. If both the EMIT and GC/MS tests are positive, the City may take appropriate disciplinary action in accordance with this contract, the Standard Operating Procedures, and other applicable laws, if any. 2. If the EMIT or GC/MS test is not positive, the results of the chemical testing shall be deemed negative and no disciplinary action shall be taken. P.B.A. Contract Article 30 Ccsober 1, 1998 to September 30, 2001 and/or punitive actions up to depending upon the facts. C. The procedure outlined confidential. If any of the Disciplinary action may include required rehabilitation and including discharge, above shall be strictly individuals involved should disclose to any person who does not have a clear need to know any such disclosed information, such individual(s) may be subject to discipline. Strict confidentiality is of utmost. importance. 1. Should the GC/MS test be positive and a resolution of the matter between the City and employee cannot be worked out within a reasonable time, then the City may proceed to take disciplinary action against the employee. Under such circumstances, the confidential nature of the investigation shall be open to the extent necessary to institute disciplinary action. 2. Should either the EMIT or GC/MS test be negative, the entire procedure in the case shall remain confidential with the results of the chemical testing and documents pertaining thereto maintained in the employee's medical file and not the employee's personnel file. 3. If, in any given case, there is found to be no basis for administrative action, all facts and circumstances pertaining there to shall remain confidential. The City shall, if necessary, request the Department of Archives for permission to have all written records destroyed. Contract Article 30 October 1, 1998 to September 30, 2001 57 ARTICLE 31 HEALTH & SAFETY 1. CONTAGIOUS DISEASES The City shall provide each employee with a vaccination against Hepatitis B a no expense to the employee. P.B.A. Contract Article 31 October 1, 1998 to September 30, 2001 58 ARTICLE 32 ~ERMS OF AGREEMENT This Agreement shall take effect on October 1,1998 and remain in effect until September 30, 2001. By mutual agreement of the parties, changes to this Agreement made may be made at any time, but neither has any duty to agree to any such out-of-term reopeners. If nay Article, clause, or portion of this Agreement is ultimately found to be invalid by the appropriate court of jurisdiction, only such Article, clause or portion shall be invalidated, while the rest of the Agreement shall remain in full- force and effect. In witness whereof, the parties hereby enter into this Agreement, this Day of , 19. . COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION CITY OF SEBASTIAN, FLORIDA By: Debra Maynard, Police Sergeant By: Steven Marcinik, Police Officer By: Patrick L. McGuire, Jr. Approved to form and content By: Richard Stringer, City Attorney By: Thomas W. Frame, City Manager By: Ruth Sullivan, Mayor Attest:. Kathryn M. O'Halloran, City Clerk Contract Article 32 October 1, 1998 to September 30, 2001 59 o, ~o 61 I City of Sebastian, Florida Subject: Council Approval for Attorney Agenda No. ~. / Services for Presenting Cases before the Code Enforcement Board Department Origin: City Manager Approved for Submittal by: Thoma~ W~ Frame, City Manager Date Submitted: October 29, 1998 For Agenda of: November 4, 1998 Proposed Contract between the City of Sebastian and the Florida Inland Navigation District SUMMARY Pursuant to the Code F~nforcement Code, an Attorney may be hired to assist the staff in presenting matter or cases before the Code F~nforcement Board For approximately 4 months the City has used the services of Mr. Kevin MacW'flliam, an attorney who lives in the City of Sebastian and maintains a private practice in Veto Beach_ It is my recommendation as the City Manager that an attorney should be retained for that purpose since it is a conflict for the City Attorney to represent the Code Enforcement Board and present cases. Mr. MacWilliam has previously worked for the State Attorney as a prosecutor and is well qualified. $5,000 has been budgeted for this purpose. RECOMMENDED ACTION Authorize the City Attorney to retain the services of Mr. Kevin MacWilliam on behalf of the City Council to assist the staffin presentation of cases before the Code Enforcement Board