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Home My WebLink About04271994 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 27, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Donald Swope, First Presbyterian Church, Sebastian 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARINGL FINAL ACTION None. PGS 1-14 93.176 PG 15 94.015 PGS 17-35 10. 11. 12. 94.003 PG 37 13. 14. 94.116 94.117 PGS 39-40 8. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of city Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 4/13/94 Regular Meeting, 4/20/94 Special Meeting 9. PRESENTATIONS A. Hoyman, Dobson and Co. City Audit Report for Fiscal Year Ending 9/30/93 (Finance Director Transmittal dated 4/12/94, Audited Financial Statement Under Separate Cover) Golf Course Internal Control Study Report (Finance Director Transmittal dated 4/12/94, Report) CITY ATTORNEY MATTERS CITY MANAGER MATTERS COMMITTEE REPORTSIRECOMMENDATIONS A. Equity Study Commission Mayor Firtion - Appointment of Rod Reed (City Clerk Transmittal dated 4/27/94) OLD BUSINESS NEW BUSINESS A. City Council Seating Arrangement (No Backup) Adopt Budget Calendar for Fiscal Year 94/95 (Finance Director Transmittal dated 4/21/94, Calendar) 94.077 PGS 41-44 94.118 PGS 45-54 Resolution No. R-94-24 - Communications Workers of America (CWA) Collective Bargaining Agreement (Personnel Director Transmittal dated 4/20/94, R-94-24, Agreement Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE COMMUNICATIONS WORKERS OF AMERICA COLLECTIVE BARGAINING AGREEMENT FOR THE PERIOD FROM OCTOBER 1, 1993 TO SEPTEMBER 30, 1994; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. U.S. Department of the Interior - Request Installation of Gaging Station at Hardee Park (City Engineer Transmittal dated 4/20/94, George Letter dated 4/19/94, Agreement, Map, Sketch of Location) 15. MAYOR AND CITY COUNCIL MATTERS 16. A. Mr. Robert Freeland B. Mr. Frank Oberbeck C. Mayor Arthur Firtion D. Vice-Mayor Carolyn Corum E. Mrs. Norma Damp INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. I City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 13, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTiAN, FLORIDA. Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Louisa Walsh and members of Brownie Troop ~003 gave the invocation. 4. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: city Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Charles Nash Chief of Police, Earle Petty Deputy City Clerk, Sally Maio Regular city Council Meeting April 13, 1994 Page Two 94.109 94.110 5. AGENDA MODIFICATIONS ,,(ADDITIONS AND/OR D~LETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Mrs. Corum suggested that the seating arrangement be addressed. Mayor Firtion said he had rearranged the seating at the last meeting as, he believed, was his prerogative and asked the City Attorney to give a decision on procedure. MOTION by Corum/Damp I make a motion to put this item on the agenda. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - aye MOTION FAILED due to requirement for unanimous vote. The city Attorney advised that any City Council member can bring up discussion under his or her matters, however, unanimous vote is required for addition of action items to the agenda. 6. ~ROCL~MATIONS AND/OR ~OUNCEMENTS Mrs. Corum announced that there will be a children's health fair at the Sebastian River Medical Center on April 16. Am Proclamation - "Fair Housin~ Opens Doors in Indian Riuer County" Month - Board 9f Realtors Mayor Firtion read and presented the proclamation to Dan Preuss, who addressed the audience regarding fair housing. Proclamation - Girl Scout Leader's Da~ ~ April 22, 1994 Mayor Firtion read and presented the proclamation to Tammi Talles-Eriksen and Brownie Troop #003. The troop read a poem regarding Girl Scouts. Regular City Council Meeting April 13, 1994 Page Three 94.111 94.112 94.113 7. PUBLIC HEARING, FINAL ACTION None. 8. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 3/23/94 Regular Meeting, 4/6/9'4 Special Meeting, 4/6/94 Workshop RESOLUTION NO. R~94-22 - Vacation of Easement (City Clerk Transmittal dated 4/6/94, R-94-22, Application, Survey, Staff and Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN'RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHEAST SIX FEET OF LOT 13 AND THE NORTHWEST SIX FEET OF LOT 14, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 234, SEBASTIAN HIGHLANDS UNIT 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-94, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Ca Bid Award - Lightning System Protection for Police Department - Premier Lightning Protection Co. of Altamonte Springs - $7,160.00 (City Engineer Transmittal dated 4/13/94, Bid Tabulation) Burgoon Berger - Specimen Tree Removal - One Oak and One Pine - Lots 35 & 36, Block 280, Sebastian Highlands Unit 10 (Director of Community Development Transmittal dated 4/7/94, Application and Survey) The City Clerk read the consent agenda in its entirety, including title for Resolution No. R-94-22. Mrs. Corum and Mr. Oberbeck removed item A, Mrs. Damp removed item C, and Mayor Firtion removed items C and D for public input. 3 Regular City Council Meeting April 13, 1994 Page Four MOTION by Corum/Freeland I move the approval of item B of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 .Item A - Minutes Mrs. Corum noted a typo in the 3/23/94 minutes regarding the correct spelling of the name Toland (was Tolland). Mr. Oberbeck questioned several aspects of the minutes regarding, in his opinion, improper procedures by Council members. MOTION by Oberbeck/Corum I would move to that effect, item A, approval of minutes. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Item ~ - Liqhtninq ~ George Reid, 202 DelMonte Road, Sebastian, stated he contends the Police Department radio tower was not properly grounded, suggested that City Council carefully examine what has been proposed tonight, and suggested a letter to Engineering be reviewed. MOTION by Freeland/Corum I move to award the lightning system protection installation at the Police Department to Premier Lightning Protection Co. of Altamonte Springs - for $7,160.00. 4 I I I i I I I I i i I I I I I i I I Regular City Council Meeting April 13, 1994 Page Five City Council discussion followed regarding need for further information. ROLL CALL: Mr. Oberbeck - nay Mayor Firtion - nay Mrs. Corum - nay Mrs. Damp - nay Mr. Freeland - nay MOTION FAILED 5-0 MOTION by Oberbeck/Freeland I would move that we postpone this item to a later date until such time as we can be afforded additional information on the method of grounding, the type of grounding, and this Council is comfortable with the type of information prepared for us and staff approves. The City Attorney advised that denial of the motion to award rejects the bids. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Item D - Specimen ~re~ Shirley Kilkelly, 950 Franciscan Terrace, Sebastian, suggested the subject house be repositioned to save the trees and inquired about the progress of the specimen tree ordinance. MOTION by Corum/Damp I make a motion to deny item D of the consent agenda. City Council discussion followed on the need for further information. Mrs. Damp withdrew her second, Mayor Firtion called for a second and there was no response. MOTION DIED for lack of a second. 5 Regular City Council Meeting April 13, 1994 Page Six MOTION by Freeland/Oberbeck i would move that we postpone acting on this application until we get additional information, and the applicant being Burgoon Berger Construction Corporation re: Lots 35, 36, Block 280, Unit 10. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Mayor Firtion called recess at 7:49 p.m. and reconvened the meeting at 8:00 p.m. All members were present. PRESENTATIONS None. 10. CITY ATTORNEY ~TTERS None. 11. CITY ~AGER MATTERS The City Manager requested reconsideration of previous action on rejection of the lightning bid and letting stand the action of tabling the action for additional information until next Wednesday. TAPE I - SIDE II (8:03 p.m.) MOTION by Oberbeck/Corum I would move.then to readdress item c of the consent agenda with regard to the bid award, lightning system protection for the Police Department, and table awarding or denial of this bid until next Wednesday's meeting. Mayor Firtion stated the reason for this action is the fact that lightning season is approaching. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Regular City Council Meeting April 13, 1994 Page Seven 12. 13. COM]~.ITTEE REPORTS/RECOMMENDATIONS Mr. Oberbeck reported that this month's MPO meeting was canceled. OLD BUSINESS 14. None. NE__W BUSINESS 15. None. MAYOR AND CITy ~~ATTERS A. Mrs. Norma Damp None. B. Mr. Robert Freeland 94.114 Consider .Sale of surplus Land Owned bv Citv to Held Finance Julian Purchase {No BackuD) Keith Miller, 961 Riviera Avenue, Sebastian, suggested selling the Cavcorp property. MOTION by Freeland/Oberbeck I move that we ask the City Manager to have staff identify the parcels we own and come before the staff (Council?) with the recommendation of whatever may be saleable. city Council discussion followed regarding city properties. The City Manager said he and the Director of Community Development are attempting to identify on a map those properties that are not being used for a governmental function to ascertain what properties can be released as surplus. MOTION AND SECOND were withdrawn. In response to Mr. Freeland, the City Manager said the annual audit would be presented at the April 27, 1994 regular meeting. Mr. Freeland objected to the manner in which the seating arrangement and other matters were handled by Mayor Firtion. 7 Regular city Council Meeting April 13, 1994 Page Eight C. Mr. Frank Oberbeck Mr. Oberbeck inquired about workers compensation for Council members, to which the City Manager responded that workers comp and general liability were combined at this time and will be broken out in the next budget; requested a progress report on the Riverview Park North property; inquired about the progress on the possibility of a bicycle path on the south side of CR 512, and was informed a letter was sent to Indian River County by the City Engineer; and discussed the manner in which the seating arrangement and other matters were handled by Mayor Firtion. 16. D. Mayor ~ Firtion Mayor Firtion said he had received advice from staff on procedures and believed that what he does on Council is for the good of the City. E. Vice-Mayor~.Co.rum Mrs. Corum recommended the City Attorney be seated at the dais with City Council and suggested an alternate seating arrangement, at which time Mayor Firtion said to place the item on the next agenda; discussed the possibility of reopening Stonecrop Park; expressed the need for a median cut on U.S. 1 adjacent to Park Place, to which Mr. Oberbeck stated that the former City Manager had expressed this to FDOT and there should be correspondence on file; warned that dogs and cats can both be picked up by Animal Control; and expressed concern for litter on the streets. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) George Reid, 202 DelMonte Road, Sebastian, cited seating changes that have been made in the past, and suggested that city staff work with the new Mayor. Mr. Freeland excused himself from the meeting at 8:31 p.m. Herbert Sturm, 549 Saunders Street, Sebastian, discussed his Code Enforcement case. Mr. Oberbeck was excused from 8:35 p.m. to 8:38 p.m. Regular City Council Meeting April 13, 1994 Page Nine Thomas Wojciechowski, Petersen Street, inquired about city liability relative to the bridge being constructed near the Golf course. The City Clerk said she would meet with the City Manager and City Engineer to review the matter. Mr. Wojciechowski recommended that the Cavcorp property not be sold; and suggested alternate Council seating. Mayor Firtion announced the Volunteer Fire Department is holding a car wash on April 16 at Food Lion. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 8:45 p.m. Approved at the Meeting. , 1994, City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 9 I I I I I I I I I I I I I I I I I I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, APRIL 20, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1.225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON iTEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: 1) VICKERS GROVE SUBDIVISION - MAJOR MODIFICATION TO PRELIMINARY PLAT - CONTINUATION OF 3/16/94 HEARIN~ 2) BID AWARD - LIGHTNING PROTECTION - P.D. 3) JULIAN PROPERTY PURCHASE AGREEMENT Mayor Firtion called the Special Meeting to order at 7:00 p.m. and explained its purpose. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran Ci~rney, Charles Na~ City Engineer/PW Director, Dan Eckis Chief of Police, Earle Petty Deputy city Clerk, Sally Maio Special City Council Meeting April 20, 1994 Page Two 94.073 A. 94.112 Vickers Grove Subdivision ~ Major Modification Preliminary Plat ~ ~ontinuation of 3/16/94 Hearing ~Util~ties Director Transmittal dated 4/14/94) Mayor Firtion opened the public hearing on major modification to preliminary plat for rickets Grove Subdivision at 7:04 p.m. The City Manager requested that the hearing be continued to May 18, 1994. MOTION by Oberbeck/Freeland I would move to continue the meeting for the Vickers Grove Subdivision to May 18, 1994. Mayor Firtion closed the hearing at 7:05 p.m. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Bid Award - ~_q~_~Q~D~otecti.on for Police ~ep.artmentC/_q~ Engineer Transmittal dated 4/14194, Bid Tabulation, Ci~ ~ Memo dated 4/14/94, Excerpt NFPA78) The City Manager recommended approval and noted that the City Engineer and Chief of Police were present to answer questions. MOTION by Damp/Oberbeck I make a motion that we approve the lightning protection installation to Premier Light(n) ing for $7,160. City Council discussion followed. I I I I I I I I I I I I I I I I i I Special city Council Meeting April 20, 1994 Page Three 94.108 ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 C. Julian ~ro~ert¥ PurChase A.~reement (No Backup) At the request of the City Manager the City Attorney reported that the issue of the "gap" of land located within the subject property was unable to be resolved, initiating a renegotiation of the purchase price downward, however, that staff had been informed that a quit claim deed for the "gap" had been filed April 13, 1994 by Fred Mensing, a deed about which there are numerous questions. He recommended that the purchase contract be canceled at this time to give the bank time to review the matter and perhaps the City can look at the land at a later date. The City Manager recommended that City Council withdraw from any further negotiation with the bank and inform them that the city can reconsider this when and if the cloud on title has been resolved. MOTION by Oberbeck/Damp I would move to discontinue negotiations with the bank with regard to the Julian property and send formal notification of cancellation of contracts to the bank. city Council discussion followed. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Being no further business, Mayor Firtion adjourned the Special Meeting at 7:24 p.m. Approved at the Meeting. , 1994, City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 4 .i I I I I I I I I I I I I i I I I i City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: Audit Report for FY 1993 Approval For Submittal By: City M&nager :~ ~, Agenda No. ,,~//~-- ~- Dept. of Origin= ~in&noe Finance Director Date Submltted~ 04/12194 For Agenda Of: 04/2?/94 Exhibits: Audited Financlal Statement FYE 9/30/93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED= BUD~ETED~ REQUIRED= SUMMARY STATEMENT The annual September Department. financial statements for the fiscal year ended 30, 1993 were prepared by the City's Finance The referenced financial statements were audited by Hoymani Dobson & Company, P.A., certified public accountants. Mr. Tom Kirk, audit director, will present the audit report and be available for your questions. RECOMMENDED ACTION Move to acknowledge receipt of the audited financial statements for the year ended September 30, 1993. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT~ Golf Course Internal ) Control Study and Report ) Approval For Submittal By: City Manager: . Agenda No. ~~ Dept. of Origin= Finance Date Submitted= 4/12/94 For Agenda Of: 4/2?/94 Exhibits: Golf Course Internal Control Study and Report EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT In accordance with the terms of the February 10, 1994, engagement letter, Hoyman, Dobson & Company, P.A., Certified Public Accountants has completed their study of the Golf Course's system of internal accounting control. The report with findings, recommendations and sample policies and procedures is attached for your review. Mr. Tom Kirk, Audit Director, will present the special report and answer any of your questions. RECOMMENDED ACTION Move to acknowledge receipt of the special internal control study report. I I i I I I I I i i i I i HOYMAN, DOBSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 6767 North Wickham Rd,, Suite 500, Melbourne, Florida 32940 (407) 255-0088 Fax (407) 25948648 Charles W. Hoyman, Jr. Roger W. Dobson Barbara j. Oswalt Eugene K. Bjerning Thomas L. Kirk Karen E. Kirkland Mayor and City Council City of Sebastian We have examined the internal control structure of the City of Sebastian's Municipal Golf Course in effect at February 17, 1994. Our examination was conducted in accordance with standards established by the American Institute of Certified Public Accountants. The management of the City of Sebastian is responsible for establishing and maintaining an internal control structure. In fulfilling that responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objectives of the internal control structure are to provide reasonable assurance that financial data are recorded, processed, summarized and reported consistent with the assertions embodied in the financial statements. The internal control structure comprises the control environment, the accounting System and the control procedures. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that policies or procedures may become inadequate because of changes in conditions or that the degree of compliance with policies or procedures may deteriorate. Our examination disclosed the following conditions (Section I) in the internal control structure of the City of Sebastian's Municipal Golf Course in effect at February 17, 1994, which in our opinion, result in more than a relatively low risk that errors or irregularities in amounts that would be material in relation to the financial statements may occur and not be detected within a timely period. Our study and evaluation also disclosed the matters {Section II) that, although not considered by us to be material weaknesses, are weaknesses in internal accounting control {and/or are opportunities to improve administrative controls and operations) for which corrective action might be taken. American Institute of Certified I ublic Accountants · Florida Institute of Certified Public Accountants Private Companies Practice Section of the A,I.C.P.A. · Accounting Firms Associated, Inc. I I. i I i I i i I I I I I I I I i I I , Mayor and City Council City of Sebastian Page two The degree to which the recommendations contained in this study and evaluation will be implemented is the responsibility of the management of the City of Sebastian. As such, it is not possible at this time to assess the extent to which you may wish us to perform subsequent testing of compliance with the new controls put into effect. Please contact us if you require our assistance in this area. Hoyman, Dobson & Comp February 19, 1994 SECTION I Internal Control Over Inventory There is a significant lack of internal controls over inventory at the golf course. We observed problems with both the tracking of the quantity of inventory on hand {the perpetual inventory system) and its pricing. Specifically: Finding: The perpetual inventory kept on the point of sale software package required significant adjustment to make it agree with actual inventory on hand at September 30, 1993. This could indicate that information is not being entered correctly into the inventory system or that inventory shrinkage may be occurring. Recommendation: Monthly inventory counts should be taken and reconciled to the perpetual inventory maintained on the computer. Adjustments to the perpetual inventory should be investigated, explained and approved by management, with corrective action taken to avoid the causes of these variances. If the perpetual inventory system is working properly, there should be little or no adjustments necessary. When this occurs, monthly counts may not be required. Findinq: The policy of pricing inventory at 1.45 times cost is not being followed. Some items were marked up anywhere from 20~ to over 100% and one was marked down. Recommendation: All inventory should be marked up as directed by management, in writing, without exception. Free Play Finding: It is our understanding that the visiting PGA pros and greens superintendents are allowed to play eighteen holes of golf once a year without paying the greens fee. Starters and rangers of the golf course are compensated on the barter system and receive golf cart fees for their services. Also, rules of the golf course allow the pro-manager and greens superintendentto play the course for free. A bond covenant for golf course debt states there are to be no "free services". The term "free services" is not defined, however we believe the above instances may constitute a violation of this covenant. In addition, the City has not met the bond covenant related to annual gross revenues and giving away free services is a contributing factor. Recommendation: A nominal fee for PGA pros and greens superintendents could be established and included in the rate structure to alleviate the "free services" issue associated with these individuals. The City of Sebastian should seek an opinion from legal counsel regarding the effect, if any, the other items may have on the bond covenant. SECTION II Policies and Procedures Findinq: There are no written policies and procedures for the golf course. There are procedures that are followed, but not on a consistent basis. Recommendation: Written policies and procedures should be developed, approval obtained by the appropriate level of City management, and appropriate disciplinary actions should be taken, if these policies and procedures are not followed. Full job descriptions should be included as well as a current organizational chart. Please see the attached example for content. We understand the pro-manager began working on a policies and procedures manual for the golf course on February 17, 1994. Discounts Finding: During August, 1993, the golf course set a policy that inventory was to be sold at 1.45 times cost and no discounts were to be given. However, upon observation of daily computer point ofsale runs, we noted discounts without written authorization continued to be given through February, lg94. Recommendation: A policy regarding discounts should be put into writing and adhered to by all staff of the golf course. Rangers and Starters Finding: We noted the rangers and starters do not receive a 1099 for the amount of cart fees they receive in exchange for their services as required by IRS regulation 1.6045-1(f){2){ii}}. Further, it appears the rangers and starters should be classified as employees in accordance with IRS Rev. Rul. 87-41 as opposed to independent contractors. Recommendation: lOgg-B's should be completed for each starterand ranger that performed services for the golf course for the year ended December 30, 1993 as soon as possible. This issue and the due date was brought to the attention of the City's accounting department prior to the deadline so they could correct the situation. Starters and rangers should be reclassified as employees of the City and all applicable taxes and withholdings be handled properly. The City should consider paying starters and rangers instead of compensating them through barter. This would give the City more control over the rangers and starters as employees and ease recordkeeping. SECTION II (CONTINUED) Purchase of Inventory Findinq: We found merchandise had been purchased, in several cases, before receiving an approved purchase order. Recommendation: An authorized purchase order should be received from the Finance Department and signed by the City Manager prior to any merchandise being ordered. Staffing Findinq: We noted that there are four part-time cashiers that work in the pro shop and no full-time supervisor that oversees all of the work and accounting functions. Recommendation: A full-time supervisor of cashier position should be established. The supervisor's responsibilities would include: opening and closing the pro shop, getting cash draws from the safe, making and delivering · deposits to the bank, inventory control, supervision of all cashiers/clerks and other general accounting functions. Having one individual responsible for all of these tasks would strengthen internal controls. Access to the Pro Shop Finding: Cart men have keys to the golf course pro shop and all cashiers/clerks have access to the safe. The reason stated for cart men having keys is so they can get the tee time computer print out for the day in order to get carts prepared. Recommendation: Only the pro-manager, administrative secretary and supervisor of cashiers should have a key to the pro shop. This would help ensure that only a limited number of employees have access to the pro shop and safe. Tipping Findinq: According to Florida Statute Section 112.313; Public officials, employees or candidates for nomination or election are not allowed to accept gifts. Several memorandums have been circulated to employees of the golf course who are in positions that could possibly be subject to this statute. Recommendation: A no tipping rule should be included in the rules of the golf course, a memorandum explaining the statute circulated and signed by all employees and a permanent no tipping sign posted in the pro shop and at the starter building. Accepting tips should serve as grounds for termination. , S£CT~Og ~! (Continued) Gift Certificates Findinq: At September 30, lg92, we made a comment in the audited financial statements ofthe City of Sebastian that there were gift certificates outstanding for more than six years. It is our understanding an ad was placed in the newspaper 1) giving all holders of gift certificates a set time to redeem the certificates before they would become void and 2) stating all gift certificates sold henceforth would be valid for six months from the date on the certificate. We could not find evidence of the advertisement being placed or run in the newspaper. Recommendation: A policy should be written and adhered to addressing the time expiration of gift certificates. This policy should also address when gift certificates will be written off in relation to when they will expire. It is our understanding all gift certificates dated prior to October 1, lgg2 have been written off. Proof of Indian River or Brevard County residency Finding: The golf course gives a discount to residents of Brevard and Indian River Counties. We observed at the golf course that individuals were asked about their residency, but no actual visual proof was required. This could result in lost revenues to the golf course if the individuals are not actual residents of these counties. RecommendatiOn: A written policy should be established requiring visual proof of residency be presented, such as a drivers license, before any discount is given on fees. Over/short of Cash Drawers Findinq: All cashiers/clerks are required to prepare a summary sheet of their shift transactions compared to the actual cash, checks, credit card, gift certificates redeemed, etc. in the drawer at the end of the shift. Out of eight daily cash packages observed, six shifts had not prepared a summary sheet. There was also no evidence that an appropriate level of management had signed off on the sheet when an over/short had occurred for the shift. Recommendation: Each cashier/clerk should be required to prepare a summary sheet to reconcile to the actual cash brought in during the shift. The pro- manager or supervisor of cashiers should initial the summary sheet if an over or short occurs during the shift. Overages and shortages for each shift should be tracked and action taken for continuous errors of this nature. . SECTION X! (Continued) Votded Transactions Finding: Cashiers/clerks are able to void transactions without approval of an appropriate level of management. Recommendation: The pro-manager or supervisor of cashiers should be required to approve all voided transactions. Cash Handling Findinq: Anyone is allowed to drop off or pick up cash bags at the bank. Recommendation: Only bonded employees of the golf course should be allowed to take deposits to or pick up cash bags from the bank. Computer and Software Findinq: There have been several problems with the golf course software going down and support for the software has become very costly. The system used for accounting is too complex for the size of the golf course and therefore efficiency has not been obtained. Recommendation: The City should determine the processes at the golf course that need to be handled by a computer and consider replacing the current system with one that is less costly and more effective. SECTION 4 5 6 7 8 9 10 11 TABLE OF CONTENTS SUBJECT History of Operation Resolution and City Policies Rules Governing Use of Course Golf Course Greens Fee Structure Golf Complex Goal s Organization Chart Daily Operational Procedures Pro Shop Golf Carts Maintenance Snack Bar Starters Rangers Job Descriptions Golf Course Pro-Manager Etc. Personnel Management Pro Shop Policies and Procedures Opening, Interim and Closing Petty Cash Gift Certificates Rain Checks Credit Cards Checking Out - Cash Drawer Sign up - Memberships Proof of Residency Cart Rental - Electric and Pull Club Rental Merchandise Procedures Receiving Pricing Inventory Keeping Merchandise Salable Displays Selling Merchandise Sales Policy Exchanges and Returns Pro Shop Rates Handicap Procedures i. I I I I i i i i i I i I I I I I I 12 13 ],4 15 Tournament and Registrations Policies Policy Restriction Forms Golf Lessons General Procedures Accident or Injury Accident/Injury Form Golf Cart Procedures General Rul es Knowledge of Gol'f Course Patrons Disagreements Tel ephone Beverage Cool ers City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 AGENDA FORM SUBJECT: Appointment of Equity Study Commission Member Approved for Submittal By: City Manager ) Agenda NO. ~,~0~ ) ) Dept. Origin: City Clerk~,0 ) ) Date Submitted: 4/21/94 ) ) For Agenda of: 4/27/94 ) ) Exhibits: ) EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: N/A N/A N/A SUMMARY STATEMENT Mayor Firtion has been requested to appoint a member from the local business community to form a diverse committee of five. RECOMMENDED ACTION Move to approve the appointment of Rod Reed, President of Masteller, Moler and Reed to the Equity Study Commission. City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX 589-5570 (407) SUBJECT= Fiscal '95 Budget Calendar Approved For Submittal By: Cit~ Manager Agenda No. Dept. Origin Date Submitted For Agenda of Exhibits: Budget Calendar Finance,, 4/21/94 AMOUNT IEXPENDITURE REQUIRED: APPROPRIATION --0- BUDGETED: -0- REQUIRED: --0- SUMMARY STAT~ Recommended dates for the budgeting process for Fiscal Year 1995 have been scheduled by the City Manager and Finance Director on the attached Budget Calendar, whiCh is presented for your approval. Please note the public hearing dates may require changing if they conflict with similar required public hearing dates for the Indian River Board of County Commissioners or School Board. RECQMMENDEDACTION Move to adopt the proposed Fiscal 1994 - 1995 Budget Calendar with September 7 and 21 public hearing dates subject to change if needed. I FiSCAL !994 ~ 1995 BUDGET CALENDAR - I April 25 Monday Budget forms to Department Heads I April 27 Wednesday Regular City Council Meeting - Adopt Budget Calendar I May 27 Friday Department Heads present budget requests to City Manager and Finance Director June 13 - 17 Mon.- Fri. Department budget hearings with City Manager i July 1 Friday County Property Appraiser certifies taxable value within jurisdiction of theCity July 18 Monday City Manager forwards draf~ of 1994 - 1995 Budget to Mayor and City Council I July 29 Friday City Manager advises Property Appraiser of.' · a) proposed millage rate,, b) current year rolled 1 back rate and c) day, t~me and place of first public hearing AuguSt 3 Wednesday City Council Workshop of Proposed Budget 1 August 4 Thursday City Council Workshop of Proposed Budget (if I required) 12 Friday City Manager forwards tentative budget to City I August Council *September 7 Wednesday First Public Hearing - Budget. Council adopts 1 the Tentative Budget and Millage Rate September 17 Saturday Advertise Budget Summary, Millage Rate and I Nytice of Final Public Hearing in newspaper *September 21 Wednesday Final Public.Hearing - Budget. Adopt Millage Rate Resolutmn and Budget Resolution September 23 Friday Finance Director forwards copies of Resolutions 1 adopting Budget and Mdlage Rate to Property Appraiser, Tax Collector and Dept. of Revenue i October 1 Saturday New budget goes into effect I , City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: C.W.A. COLLECTIVE BARGAINING AGREEMENT APPROVED FOR SUBMITTAL BY: Manager: Dept. Origin PERSOm~E~ Date Submitted 04/20/94 For Agenda Of 04/27/94 ExhiBits: C.W.A..C0~ECT.I~.. B~AiNiN~ AO~E~NT- ~DER SEP~TE EXPENDITURE REQUIRED: $26,361 AMOUNT APPROPRIATION BUDGETED: $26,361 REQUIRED: NO SUMMARY STATEMENT Attached is the Communications Workers of America (C.W.A.) 1993/94 I collective bargaining agreement This agreement outlines the wages, benefits and other terms ~nd conditions of employment for those regular full-time or part-time employees of the City working within the unit certified by the Florida Public Employees Relations Commission, dated October 13, 1993. Because articles in the contract went through the impasse procedure, the contract automatically becomes a one year contract. The cost of this contract for the remainder of this fiscal year is approximately $26,361. The 2.5% increase is included in the budget amendment, so no additional monies need to be appropriated. RECOMMENDED ACTION Move to adopt Resolution R-94-24 approving the attached Exhibit A, a one year agreement between the City of Sebastian and the Communications Workers of America (Local 3180). doc: agenda RESOLUTION NO~ R-94-24 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE COMMUNICATIONS WORKERS OF AMERICA COLLECTIVE BARGAINING AGREEMENT FOR THE PERIOD FROM OCTOBER 1, 1993 TO SEPTEMBER 30, 1994; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Communications Workers of America (C.W.A.) is certified by the Florida Public Employees Relations Commission as the bargaining unit for covered employees; and WHEREAS, the City and the C.W.A. have negotiated a new one year agreement; and WHEREAS, the covered C.W.A. unit employees have ratified said agreement, effective April 19, 1994. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The document entitled "Collective Bargaining Agreement between City of Sebastian, Florida and Communications Workers of America (Local 3180)," attached hereto as Exhibit "A" is hereby adopted as the employment agreement between the City of Sebastian and the Communications Workers of America commencing on October 1, 1993 and ending on September 30, 1994. SECTION 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember ............ . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Arthur Firtion Vice Mayor Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland Councilmember Frank Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA ATTEST: BY: Arthur Fir2ion, Mayor Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Charles I. Nash, City Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 SUBJECT: U.S. Department of ) Interior request for ) installation of ) Gaging Station. ) ) Approved for Submittal By: City Manager g~J ; Agenda No. Dept. Origin Date Submitted ENG / P~ 04-20-94 For Agenda of 04-27-94 Exhibits: Howard George letter dated 4-19-94, Agreement for Installation of Maintenance of Gaging Station on Private or City Property, Vicinity Map, Sketch of the proposed location EXPENDITURE REQUIRED: AMOUNT APPROPRIATION NONE BUDGETED: REQUIRED: N/A N/A N/A SUMMARY STATEMENT Howard George, the lead Hydrologic Technician of the Water Resources Division of the U.S. Department of the Interior, contacted me in regards to the.installation and maintenance of a gaging station. The gaging station will be used for data collection that will measure the elevation of Hardee Lake at the point of outfall. It will then calculate a discharge volume of storrawater runoff from Sebastian Highlands Units 1, 2, 3 and 4. The data collector will be housed inside of an aluminum shelter 21 x 13 inches wide by 9 inches high. It will be placed on top of a six inch pvc stilling well as indicated on their proposed sketch. Howard George, explained that the department is working in cooperation with St. Johns to determine the amount of fresh water that is entering the south prong of the Sebastian River at various locations. The data will be analyzed to determine what impacts can be expected from various storm events. I feel that the City should cooperate with other Government Agencies to the greatest extent possible as long as it does not interfere with the safety and welfare of the residents. A copy of the agreement was forwarded to the City Attorney. He recommended to include paragraphs i1 and 12 for indemnification/and venue respectively. In addition to the last two paragraphs the signature blocks were added. The only drawback that I see with this proposed installation are Stormwater Quality Regulations coming into effect in which the City would be required through mandate to reduce the pollutant loading entering Outstanding Waters of the State. The NPDES Permit requires an evaluation of the Pollutant Loading. Three computer models currently exist to determine pollutant loading, the EPA Simple Method. The P8. and the SWMM method which directly relates stormwater discharge rates to pollutant loadinG. I am certain that the department of interior must be interested not only in the volume of fresh water being charged but the pollutant loading that is occurring to the Sebastian River. Council has been aware of this mandate for several years and typically the first phase is always associated with planning which can be incorporated into the City's Master Stormwater Drainage Plan. RECOMMENDED ACTION Move to enter into the agreement with the U.S. Depar%men$ of Interior W~-~-~'~~S'Divi~'t6'~a~lOw t~ ins~a!lat~O~of a gaging station at the Hardee Lake Dam Structure. as identified Oh the attached exhibits. ~-~RESE, NASH & TORPY, P.A. A~oR~r~¥s .~ Lxw April 12, 1994 930 S, H~R~OR CrrY BLVD. S~ 505 I~EL,~OU~,r~. l~LO~A3290 1 ~407) 98~00 FAX (~7) 9514741 VIA FACSIMILE - 589-5570 AND HAND DELIVERY Daniel C. Eckis, City Engineer city of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Proposed Agreement for Installation and Maintenance of Gaging Station Our File No. 91-7530 Dear Dan: Per your request I reviewed the referenced agreement which I received from you on Wednesday evening, April 6, 1994. Based on my review of the proposed agreement, I would recommend that two additional provisions be added to the proposed agreement and that the appropriate signature block be added regular to the agreement being signed on behalf of the City of Sebastian: 11. Licensee shall indemnify, defend and hold Licensor harmless against all losses, liabilities, costs and expenses (including reasonable attorneys' fees and legal assistant fees at both trial and all appellate proceedings) resulting from any activities of Licensee, its employees, officers and agents, relating to or arising out of the agreement, including the installation, maintenance and removal of the gaging station pursuant to this agreement. 12. Venue for any action brought to interpret or forest this agreement shall lie in Indian River County, Florida or, to the extent required by federal law, in the United States District Court for the Middle District of Florida, Orlando Division. Page Two Letter to Mr. Eckis April 12, 1994 Attest: Kathryn M. O'Halloran, CMC/AAC City Clerk (sm ) Approved as to form and content: LICENSOR: CITY OF SEBASTIAN BY: 1225 Main Street Sebastian, FL 32958 CHARLES IAN NASH, City Attorney Please note that the proposed agreement, as revised, will need to be completed and submitted to the City Council for its approval. The City Council should either direct the Mayor and City Clerk to sign the agreement or the City Manager and City Clerk to sign the agreement. As a final recommendation, you should verify that the property on which the gaging station is located is property owned by the City of Sebastian. Very truly yours, FRESE, NASH & TORPY, P.A. Charles Ian Nash City Attorney CIN/lpp I United States Department of the Interior GEOLOGICAL SURVEY WATER RESOURCES DIVISION 224 West Central Parkway, Suite 1006 Altamonte Springs, Florida 32714 (407) 648-6191 April 19, 1994 1 Mr. Daniel C. Eckis, City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mr. Eckis: Enclosed is the revised "Agreement for Installation and Maintenance of Gaging Station", which includes the two paragraphs and signature blocks as recommended by your City Attorney. Also enclosed are a site location map and a sketch of the proposed gage installation. After the agreement is signed by the appropriate city officials, pending approval by the city coun- cil, please send a copy of the agreement back to me. You may keep the original for your records. Please call me if you have any further questions. Thank you for your cooperation and assistance in bringing this before the city council. Enclosure Sincerely, Howard G. George Lead Hydrologic Technician I · 9-1482 (Rev.) Nov. 1993 AGREEMENT FOR INSTALLATION AND MAINTENANCE OF GAGING STATION ON PRIVATE OR CITY PROPERTY THIS AGREEMENT is entered into this 27th day of April 1994, by and between the City of Sebastian, Florida, hereinafter called "Licensor," and the United States of America, by and through the U.S. Geological Survey, U.S. Department of the Interior, hereinafter called "Licensee," pursuant to the Act of December 94, 1942, as amended (43 U.S.C. sec. 36 b). ,~ WITNESSETH: i. Licensor, for and in consideration of the faithful performance by Licensee of all covenants and conditions herein contained and payment of the amount hereinafter provided, hereby consents and agrees to the installation, maintenance and use of (describe physical characteristics of gaging station) 6" PVC pipe stilling well and 21" x 32" x 9" aluminum equipment shelter hereinafter collectively referred to as "Structure." by the Licensee upon and over the properly of the Licensor as described in Paragraph 2 hereof, and the Licensor grants the right of ingress to and egress from the said Structure and property described herein. 2. The said Structure shall be located on the property of Licensor as shown on attached drawing and further described as follows: (site location) attached to upslream side of con crete structure near east bank of Collier Creek; Lat 27048'09", long 80029'43'', in NE 1/4 sec. 11, T.305., R.38E., Indian River County. 3. The said Structure and appurtenances thereof shall be maintained in a good, safe and workmanlike manner. 4. The said Structure and appurtenances and all equipment and tools for the maintenance and use thereof placed in or upon said described praPerty shall remain the property of the Licensee and may be removed by the Licensee a[ its own cost and expense at any time during the life of this agreement or any renewal thereof, or within 90 days after the expiration of this agreement or any renewal thereof, or within reasonable time from date of receiving written notice from the Licensor to change the location of said Structure and appurtenances or any part thereof upon the said described property. Upon removal or relocation of said Structure and appurtenances the Licensee shall restore the described property to, as nearly as possible, the same state and condition existing prior to the installation of said Structure and its appurtenances. 5. Licensee agrees to cooperme to the extent allowed by law, in the submittal of all claims for alleged loss', inju- ries, or damages to persons or property arising from the acts of Licensee's employees, acting within the scope of their employment, in the installation, use, maintenance, removal or relocation of said Slructure, appurtenances, equipment and tools pursuant to the Federal Tort Claims Act (28 U.S.C., sec. 2671 et seq.) 6. As consideration for the rights and privileges granted herein, the Licensee shall pay to the Licensor the sum of $0.00 upon pre,~ntation of bill therefor, subject to the availability of appropriations by the Congress. 7. This agreement shall become effective on the day and year first above written, and shall continue in full force and effect until terminated by either Licensor or Licensee at any time on 30 days written notice. 8. No Member of, or Delegate to, Congress or Resident'Commissioner after his election or appointment, either before or after he has qualified and during his continuance in office, and no officer, or agent or employee of the Gov- ernment, shall be admitted to any share of this agreement, or IO any benefit arising therefrom, but this provision shall not be constructed to extend to this agreement if made within a Corporation for its general benefit. 9. The Licensor warrants that he has not employed any person tO solicit or secure this contract upon any agree- ment for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Licensee the right to terminate the license, or, in its discretion, to deduct from the licen~ amount or consideration, the amount of such commission, percentage, brokerage, or contingent fees. This warranty shall not apply to commissions payable by Licensor upon licenses secured or made through bona fide established commercial or selling agencies maintained ythe Licensor for the purpose of securing business. Page 2 lO. This agreemenl shall inure te the benefit of, and be binding upon, the successors, assigns, and transferees of the parties hereto~n¢luding successors of the License in control of the project or the portion thereof affected by this agreement. : 11. Licensee shall indemnify, defend and' hold Licensor harmless against all loses, liabilities, co~ts and expenses (including reasonable auomeys' fees and legal assistant fees at both trial and all appellale proceedings) resulting from any activities of Licensee. its employees, ofllcer~ and agents, relating to or arising out of the agree- menl~ including the installation, maintenance and removal of the gaging station pursuant to this agreement. 12. V~nue for any action brought to interpret or forest this agreement shall lie in Indian River County, Florida or, io the extent required by federal law, in the United States Dislrict Court for the Middle District'of Florida, Orlando Division. iN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and ye. at first above written. LICENSOR: LICENSEE: CITY OF SEBASTIAN By 1225 Main Street Sebastian, FL 32859 Atlest: Kathryn M. O'Hallomn, CMC/AAC City Clerk (SEAL) UNITED STATES OF AMERICA DEPARTMENT OF TI-IE INTERIOR GEOLOGICAL SURVEY: APPRO . ~trict ~hi~F''~ //'" Water Resources Division Approved as to form and content: CHARLES IAN NASH, City Attorney Run (E) FOaM s - ~z~C UNITED STATF__~ DEPARTMENT OF THE INTERIOR I .......... ~-~-~.~-~. .... ,-~-~L~.~--~._~~.~.~_~.~.,~.~..~_~_~_~....~.~.~~_.~.~. I , ~ ;d e 11 Checked by ..................... D,,te