HomeMy WebLinkAbout06081994 City of Sebastian
1225 MAIN STREET c~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 8, 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 C/t3, Council with respect to agenda items immediately
prior to deliberation of the item by the Cio, Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-I gJ
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
I~VOCATION - Reverend C. Robert Merola, Jr. - St.
Elizabeth's Episcopal Church
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
94. 140
PGS 1-5
94.103
PGS 7-10
7. PUBLIC ~ FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
pSeas~ ~ote: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. 0-94-0? - Removal of $2.50
Limitation on Public Service Tax (city Clerk
Transmittal dated 6/2/94, 0-94-07)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN., INDIAN RIVER COUNTY, FLORIDA, PERTAINING
TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO SECTION
94-26 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 94-31 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE
MAXIMUM AMOUNT OF PUBLIC SERVICE TAX PAYABLE;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR
.SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 5/11/94, Advertised 5/.25194, PH and
Adoption 6/8/94)
ORDINANCE NO~ 0r94-08 - Deleting Requirement for
Blank Lines on Ballots for Write-In - Section 38-
l(b) (City Clerk Transmittal dated 6/2/94,
0-94-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 38, SECTION 38-1
(Declaration of intent by candidates; form of ballot)
BY ELIMINATING SECTION 38-1(b).PERTAINING TO BLANK
LINES ON VOTING BALLOTS; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION.; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 5/11/94, Advertised 5'/25./94, PH and
Adoption 6/8/94)
94.162
PGS 11-24
PGS 25-46
94.163
PGS 47-50
94.164
PGS 51-70
94.165
PGS 71-74
94.166
PGS 75-78
94.167
PGS 79-80
RESOLUTION NO. R-94-31 - FPL Emergency Staging
Area (City Clerk Transmittal dated 6/2/94,
R-94-31)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF
SEBASTIAN~ AND FLORIDA POWER AND LIGHT COMPANY FOR
THE PURPOSE OF PROVIDING AN EMERGENCY STAGING AREA IN
THE EVENT OF NATURAL DISASTER, MILITARY OR CIVIL
DISTURBANCE; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (Advertised 6/1/94, PH and Adoption 6/8/94)
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 - 5/23/94 Special Meeting,
5/25/94 Regular Meeting, 6/1/94 Workshop
Bid Award - Well Installation - Barber Street
Sports Complex Expansion - United Irrigation -
$4,000.00 (City Engineer Transmittal dated
6/1/94, Bid Tabulation, Bid Specifications)
Bid Award - Annual Contract for Installation of
Water and Sewer Laterals - Treasure Coast
Contracting (Utilities Director Transmittal dated
6/2/94, Summary Sheet, Comparison Calculations,
Agreement)
Receive Code Enforcement Order - Pfenninger/
Taylor (Order)
city of Sebastian - Specimen Tree Removal Request
- Barber Street Sports Complex South - One Pine
(Community Development Transmittal dated 6/3/94,
Application, Survey)
Wright Wedding Reception - Community Center -
6/18/94 - 4 p.m. to 10 p.m. - A/B - Permittee DOB
1/5/55 (City clerk Transmittal dated 5/31/94,
Application)
94.168
PGS 81-85
94.169
PGS 8?-92
94.170
PGS 93-97
94.171
PGS 99-101
PRESENTATIONS
11. ~O~ITTEE RE~ORTS;R~COM24ENDA,TIONS
A. Planning and ~ Commission
Appoint Joseph Schulke to 1st Alternate
Position - Unexpired Term Vacated by Herbert
Munsart - Term Expires 11/95 (Director of
Community Development Transmittal dated
5/20/94, Schulke Application)
Appoint Jean Brandtmeyer to 2nd Alternate
Position - Unexpired Term Vacated by Joseph
Schulke - Term Expires 1/96 (Contingent Upon
Approval of Item ll.A.1.) (Director of
Community Development Transmittal dated
5/20/94, Schulke Application)
B. HANDICAPPED SELF-EVALUATION COMMITTEE
Appoint Phillip Foster to Regular Member
Position - Unexpired Term Vacated by Beatrice
Thibault - Term to Expire 6/95 (Personnel
Director Transmittal dated 6/2/94, Foster
Application)
Appoint George Schum to First Alternate
Position - Unexpired Term Vacated by Phillip
Foster - Term to Expire 8/96 (See Personnel
Director Transmittal dated 6/24/94, Schum
Application)
12. OLD BUSINESS - None
4
I .N~.RODUCTION OF ~ BUSINESS BY ~ PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
13.
94 · 096
]~GS 103-121
94. 172
PGS 3.23-'126
94. 087
PGS 127-137
NEW BUSINESS
Resolution No. R-94-32 - FDOT Public
Transportation Joint Participation Agreement
(City Manager Transmittal dated 6/2/94,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO A JOINT PARTICIPATION AGREEMENT FOR
ENGINEERING FOR LIGHTING AND OVERLAY OF RUNWAY 4-22,
IN THE AMOUNT OF $53,100.00, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. ~-94-33 - City Council Designated
as Board of Adjustment
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY COUNCIL 'TO
TEMPORARILY FULFILL THE RESPONSIBILITIES OF THE CITY
OF SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-94-34 - Tri-Party Grant
Agreement/Sebastian Yacht Club Renovations (city
Manager Recommendation dated 5/12/94, R-94-34,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CiTY CLERK
TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN
RIVER COUNTY, PERTAINING TO THE FLORIDA BOAT
IMPROVEMENT PROGRAM TO PROVIDE $40,000.00 FOR
SEBASTIAN YACHT CLUB RENOVATIONS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
5
14.
93.1~6
PGS 139-144
15.
16.
17.
18.
CiT~ CO__UNCIL MATTERS
A.
1. Resolution No. R-93-19 - Public Input Policy
(R-93-19)
B. Mr. ~obert Freeland
C. vi~e-Ma¥or~ Coru~
D. ~..~ ~eck
MAYOR MATTERB
CITY ~TTORNEY MATTE~
CITY ~ANAGER MATTERS
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. ' ~ ~"'"
City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Ordinance No. 0-94-07
Repeal of $2.50 Cap on Public
Service Tax
APPROVED FOR SUBMITTAL BY:
'City Manager: ~&-v~
/gO
) Dept. Origin CM
) Joel L. Koford
)
) Date Submitted 6/2/94
)
) For Agenda Of 6/8/94
)
) Exhibits: 0-94-07
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY STATEMENT
The City Council, at its May ll, 1994, Regular Meeting, approved
Ordinance No. 0-94-07 on first reading and scheduled the public
hearing for June 8, 1994.
Adoption of Ordinance No. 0-94-07 will amend Section 94-31 by
repealing the provision for a $2.50 cap.
RECOMMENDED ACTION
Move to adopt Ordinance No. 0-94-07.
TAX. That Set, ion 94-31 of ~he Co~e of 0rdinan=es, City
'Sebastian, Florida, ~ hereby amended to read as follows:
mien. $4-3~. Compu~a~o~ o~ ~8x.
In all ~Ge~ere %he selle~ o~ electricity, metered or
bo~=l~ gag (natural, liquef~ed petroleum gas or
I manufao~ure~), wa~er servioe, or local telephone and
telegraph se~vioe$, c0118ots~he pri=e thereof a= nonthly
I per~o~s, the ~ax lev/od .by ~his article ~ay be oompute~
I on ~he .aggregate amount of sales during such period,
provided ~a= ~e amoun~ of tax =o be collected shall, be
I ~he neares~ whole oen= to =he amount
S~CTION 2. ~.
All ordinances or parts of ordinance~ in conflic~ herewith are
hereby repealed.
~4z12~94 15:e~ .~ 4%7 95~ $741 F~S~,·NA~ et al .~ 0~'
SECTION 2. CODIFICATION.
Xt iS ~he £nte~tion of T. he 'city Council of
~ng~=o ~se~ione, ~icle", or o~er ap~roprta~esigna=ion.
SECTION 4. SEVERABILTT¥.
In ~he event e cour~ of conpetent ~urisdic~ion shall hold or
unconstitutional, ~e remainder o~ ~is Or~inan~ ~hall no= be
affected and i= will be presumed·T.~a=Lhe City Council of =he City
of Sebastian did no= intend =o enact such invalid or
unconstitutional provision, lc shall further be assumed that =he
City Council .would ·have enacted the remainder of ~his ·Ordinance
without said invalid and unconstitutional provision =here by
· causing said remainder to remain in full force and effect.
SECTION 5. EFFECTIV~ DATE.
This Ordinance shall ~ake
from ds. re of adoption.
effect in one hundred t~enty days
The foregoing Ordinance was moved :for adoption ~y council
Member . The..mo~ion was seconded by
-2
v~-~y~r ~rolyn ~ "" "
~he ~yor ~up~ decl~ed ~ls O~dinanoe duly passed and
C~ OF SEPTIC, F~RI~
'A~T. ~ur L. Fi~ion, ~ayor
C~=y .Clerk
I ~BY CERTIFY ~a~ no,ice of public hearing on ~his
Ordinan~ was p~llshed in ~e Veto Bea~ Press Journal as re.ired
by S~e S~ute, ~ha~ o~e p~lic hearing was held on
Ordin~ at 7:00 p.m. on ~e ~ay .of
1994,
~a= follow~g ~aid p~ltc hearing ~is O~in~ was passed
City Cocci1.
C~=y .ClerR
I (SZAL)
Approved as =o Form and Content:
Charle~ Ia~Na~h, ci=y A==orney
- 3 -
I
"Cit~; of Sebastian
I' 1225 MAIN STREET o -SEBASTIAN, FLORIDA 32958
.. TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
I .
AGENDA
FORM
' ! i!ii!i
) Date Submitted 6/2/94
)
i
APPROVED FOR SUBMITTAL BY: ) For Agenda Of 6/8/94
' 'C~ty Manager: ,~---u~ ~ ) Exhibits: O-94-08
. )
I EXPENDITURE AMOUNT . APPROPRIATION
i REQUIRED: N/A BUDGETED. N/A REQUIRED: N/A
~ STATEMENT
I The City Council, at its May 11, 1994, Regular Meeting, approved
Ordinance No. 0-94-07 on first reading and scheduled the public
hearing for June 8, 1994.
I Adoption of Ordinance No. 0-94-07 will delete Section 38-1(b)
which requires blank lines on voting ballots for write-ins.
I Provisions for write-ins are covered by Florida Statutes.
I _RECOMMENDED_ ACTION
Move to adopt Ordinance No. 0-94-08.
I
I
i
I
0-94-08
~ ORDIH]~CE OF THE CITY OF BEBABTI]LN, ZNDZA~
R~ CO~ ~~, ~~G ~T~ 38,
BE~2~ 38-~ (Dec~a~o~ ,of ~tent
~d~teo; fo~ of ~ot) ZY
SE~ 38-~(b) P~T~G T0 B~ L~B ~
O~Z~CES OR P~TB 0F 0~Z~CEB ZN
~~; PR~DZNG F~ B~ZLZTY;
PROVZDZNG F~ CODZFZ~TZON; ~ PR~DZNG FOR
~ EFFE~ DATE.
WHEREAS, Section 4.09 of '~he City Charter contains language
pertaining to ~he form of ballots for write-in candidates; and
WHEREAS, Section 35-1(b) of the Code of Ordinance of the City
'of Sebastian creates additional requirements for the form of
ballots for write-in candidates that are'not required by the City
Charter; and
the Supervisor of Elections of Indian River County
has expressed a desire that the City eliminate the need for
unnecessaryblank lines on Cityof Sebastian ballot forms; and
WHEREAS, the elimination of the requirement for blank lines to
be upon write-in ballot forms will not eliminate the ability of a
candidate to qualify as aw rite-in in accordance with Florida law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 38-1 pertaining..to,,the declaration of intent by
candidates; form of ballot' of the'Code'Of Ordinances of'the City of
Sebastian, India''River, County, Florida, is hereby amended as
"Bec. 38-1. DecZaratto~ of intemt by candidates; form of
(a) At any regular or special election held in ~he city for
the purpose of electing ~he elective officers of the city, the city
council shall cause to be printed upon the official ballots to be
voted at such election, the name of any qualified elector who has
declared an intent to be a candidate for any such office and who
has filed a written oath or affirmation as provided in section 4.02
of the charter and has paid a filing fee as prescribed in section
38-2.
(Code 1980, § 9-1)"
SECTION 2. Con~. All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION 3. Severabilit¥. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
SECTION 4. Codification. It is the intention of the City
Council of ~he city of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a par~ to the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered toaccomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
SECTION 5. Effective Date. This Ordinance 5hall take effect
.immediately upon final passage.
The foregoing Ordinance was moved for adoption by Council
Member
Member
vote was as follows:
The motion was seconded by Council
and, upon being put to a vote, the
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this Ordinance duly passed and
adopted this
day of , 1994.
CiTY OF SEBASTIAN
By:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
Approved as to form and content:
Charles Ian Nash, City Attorney
.¸.
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
I AGENDA FORM
Resolution No. R-94-31
FPL Staging Area at Sebastian
Municipal Airport
APPROVED FOR SUBMITTAL BY:
city Manager: ~/h/~ J
)
) Dept. Origin CM
) Jo~l ~
)
) Date Submitted 6/2./94
)
) For Agenda Of ~
)
) Exhibits: R-94-31
Agreement
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
~UMMARY STATEMENT
Florida Power and Light has requested an emergency staging area
in the City of Sebastian in the case of a natural disaster,
military or civil disturbance which results in disruption of
electrical service.
Resolution No. R-94-31, authorizing the Mayor and City Clerk to
execute the proposed agreement with FPL, is presented for your
approval.
RECOMMENT)ED ACTION
Move to adopt Resolution No. R-94-08.
RESOLUTION NO.: R-94-31
A RESOLUTION OF TH~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INT0 AN AGREEMENT BETWEEN THE CITY OF SEBASTIAN,
AND FLORIDA POWER & LIGHT COMPANY FOR THE PURPOSE OF
PROVIDING AN EMERGENCY STAGING AREA IN THE EVENT OF
NATURAL DISASTER, MILITARY OR CIVIL DISTURBANCE;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A
SEVERABiLITY CLAUSE; AND PROVIDING FOR ANEFFECTIV~DATE.
NKEREA~, the city of Sebastian desires to enter into an
agreement wi~h Florida Power & Light Company for the purpose of
providing an emergency staging area in the event of a natural
disaster, military or civil disturbance, which results in a loss of
electrical power to the citizens of the City of Sebastian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COD~TY, FLORIDA, that:
Section ~. AUTHORIZATION. The Mayor andthe City Clerk of
the city of Sebastian are hereby authorized to enter in~o an
agreement (attached hereto as Exhibit "A") for the purpose of
providing an emergency staging area for Florida Power & Light
Company in the event of a natural disaster, military or civil
disturbance, which results in the loss of electrical power to the
citizens of the City of Sebastian.
Section ~. CONFLICT. All resolutions or parts of
resolutions in conflict herewith.
Section 3. SEVERABILITY. 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
~he 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 said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Sec~.$0D..~. EFFECTIF~ DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member
Council Member
vote, the vote was as follows:
The mo~ion was seconded by
and, upon being put to a
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this
day of , 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Fi~ion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
2
I HEREBY CERTIFY ~hat notice .of public hearing on this
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of the
City of Sebastian, ~lorida, that one public hearing was held on
this Resolution at 7:00'p.m. on the 8th day of June, 1994, and that
following said public hearing this Resolution was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
i This Agreement is made and entered into as of ~his
of , 1994, by and between Florida Power &
day
Company (hereinafter ,,F.p.L.~,) and the City of Sebastian, Indian
River County, Florida, a municipal corporation (hereinafter
"City" ) .
WHEREAS, in the event of disasters such as major storms,
hurricanes, other natural disasters, or military or civil
disturbances, disruptions of electrical service ~othe residents of
the City may occur; and
WHEREAS, such disruption in electrical service will jeopardize
the public health, safety and welfare of the citizens of the City;
and
WHEREAS, to provide for rapid restoration of electrical
services to the City, F.P.L. may require a staging area in the
community to park trucks, store materials and equipment, and to act
as a marshalling site for work crews from other areas; and
WHEREAS, such staging area will be secured for materials and
equipment pick-up; and
WHEREAS, work crews will be dispatched from the staging area
to repair electrical service to the community; and
WHEREAS, the staging area will be secured against theft,
vandalism, and site abuse, and temporary lighting will be used
during darkness; and
WHEREAS, the City, in the interest of promoting the public
health, safety and welfare of its citizens, is willing to provide
a' staging area for as long as reasonably necessary for F.P.L. to
EXHIBIT "A" ~
restore electrical services in the event of a major disaster,
militar~z or civil disturbance; and
i~REAS, F.~oL. ag~ees~.hat upon completion of restoration of
electrical services, the staging area shall be returned to the
original.Condition existing prior to use by F.~.L.
NOW, THEREFORE, the parties agree as follows:
1. All' representations as set forth hereinabove are
considered an integral part to this Agreement and, as such, made a
part of this Agreement.
2. The City hereby grants to ~.~.L. the use of the area
described herein to perform the functions as described hereinabove
on an as needed basis. Said area to be used by F.P.L. is more
particularly described in Exhibit "A" to this Agreement and may,
from time to time, be changed by the City, in their sole
discretion, upon written notice to F.P.L.
3. The City shall not charge F.P.L. for use of the staging
area for the purposes as set forth hereinabove.
4. To the fullest extent permitted by law, F.P.L. shall
indemnify, defend and hold harmless, the City and the City's
agents, servants and employees, from and against all claims,
damages, losses and expenses, including but not limited to
attorney's fees, arising out of, or resulting from F.P.L.'s use of
the City's land for a staging area, except for injuries, damages or
claims which are the result of the sole negligence of the City, its
agents, servants, or employees. F.P.L. hereby acknowledges that
the obligations imposed upon the City and the terms of this
2
Agreement are '~he specific consideration for '~he indemnification
provided herein.
5. All notices, requests, consents, and o~her communication
required or permitted under this Agreement shall be in writing and
shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, or mailed by registered
or certified mail (postage pre-paid), return receipt requested, and
addressed to:
iF TO THE CIT~:
WITH A COPY TO:
IF TO THE ~.P.L.:
City of Sebastian
Attn: Joel Koford, City Manager
1225 Main Street
Sebastian, FL 32958
Charles ian Nash, Esquire
City Attorney
c/o Frese, Nash & Torpy, P.A.
930 S. Harbor City Boulevard
Suite 505
Melbourne, Florida 32901'
6. This Agreement may be terminated by either party upon
thirty (30) days written notice of termination.
7. In the event of any action, proceeding, suit or claim is
filed, initiated or maintained to enforce any of the provisions of
this Agreement, the prevailing party shall, in addition to relief
to which it is otherwise entitled, be entitled to recover such
further amounts, to the extent lawful, as shall be sufficient to
pay the cost and expenses of enforcement, including reasonable
attorney's fees, both at trial and all appellate levels.
3
8. This Agreement shall be construed and enforced in
accordance with and governed by the laws of the State of Florida.
Venue for any action pursuant to %his Agreement shall be in Indian
River County, Florida.
9. Neither this Agreement, nor any terms thereof, may be
changed, waived, discharged or terminated except by an instrument
in writing signed by the party against which the enforcement of T_he
change, waiver, discharge or ~ermination is sought.
iN NiTNESS ~HER~OF, the Cit~ has hereunto subscribed and
F.T.L. has affixed his, its, or their names, or name.
CITY:
ATTEST:
THE CITY OF SEBASTIAN, FLORIDA
Kathryn M. O'Halloran
CMC/AAE, City Clerk
(Corporate Seal)
By:
Name: Arthur L. Firtion
Title: Mayor
Approved as to Form and Legal
Sufficiency:
Charles ian Nash, City Attorney
Signed, sealed and delivered
in the presence of:
FLORIDA POWER & LIGHT COMPANY
By:
Name:
Name:
Name:
'Title:.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me ~his
day of ........ , 1994, by ,
the of the CITY OF SEBASTIAN, FLORIDA,
on behalf of the CITY OF SEBASTIAN. He/she is personally known to
me or produced as
identification.
Notary Public,
State of Florida
Priht~d Name
CommisSion Number
· STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by ..... ,
the of FLORIDA POWER & LIGHT COMPANY,
on behalf of the FLORIDA POWER & LIGHT COMPANY. He/she is
personally known to me or produced
identification.
Notary Public,
State of Florida
Printed Name
Commission Number
5
TREASURE COAST STORM STAGING SITE
SEBASTIAN MUNICIPAL AiRPORT I
NAME
FPL LOGISTICS SITE SUPERiVSOR
DENNIS REYNOLDS
OFFICE TELEPHONE (NORMAL WORK)-881-1252
FPL PAGER ,'¢'
HOME TELEPHONE ..,'¢407-25~@988 (OR)
407=744.-6502
TEAM M EMBERS
WORK TELEPHONE #
HOME TELEPHONE
MAIN CONTACT-MR. JOEL KOFORD
TITLE--CiTY MANAGER
CONTACT TELEPHONE--
SECONDARY CONTACT--MFL JOHN VAN ANTWERP
TITLE--Al RPORT DI RECTOR
CONTACT TELEPHONE
EXHIBIT "A" (1 of 3)
HlUEMP,DRW
I
I
I
EXHIBIT "A" (2 of 3)
EXHIBIT "A" (3 of 3)'
· City of SebaStian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
· , TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIANACN~Y COUNCIL
PLUG AND ZONING COMMISSION
SPECIAL JOIN"I' WORKSHOP
MONDAY, MAY 23, 1994 - 7:00 P.M.
cYrY 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.
~UR~OSE: Review Proposed Tree Ordinance Language
Mayor Firtion called the Joint Workshop to order at
7:00 p.m.
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
Planning and Zoning Commission Present: Mr. Carl Fischer
Mr. John Falke
Mr. Walter Barnes
Mr. Howard Goldstein
Mr. Earl Shroyer
Mr. Herbert Munsart
Mr. Joseph Schulke
Planning and Zoning Commission Absent:
Mr. J.W. "Tommy" Thompson (excused)
Joint Workshop
City Council/
Planning & Zoning commission
May 23, 1994
Page
Staff Present: .city Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
Assistant City Attorney, Richard Torpy
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
4. WORKSMOp ITEM
93.064/
92. 317
~ev~ew ProPosed Tree ~ Lanquaqe (Index.
5/4/94 Minutes. ~ of Community Development
~ra~smitta~ date~ 4/27/94~ ProDo~d~
~ QI~4-06, ~omeown~r~ Packet. ~
~ ~ 5ll;94 w/ Proposed Lanquaqe, Starck
~ ~ ~ w/ Proposed Lanqua~e, Jordan
Letter ~ated7~
The city Manager addressed City Council and the
Planning and Zoning Commission, suggesting that
submitted proposed language be sent back to Planning
and Zoning Commission for review and recommendation.
Mayor Firtion requested concurrence with the City
Manager's recommendation, but first requested input
from City Council members.
City Council members offered suggestions.
Earl Shroyer requested that the City Attorney
attend the Planning and Zoning Commission meeting and
city Council concurred.
The Director of Community Development addressed City
Council.
Mayor Firtion suggested ~hat specimen tree removal
requests go before Planning and Zoning.
Being no further business, Mayor Firtion adjourned
the Joint Workshop at 7:35 p.m.
Approved at the
, 1993, City Council
Meeting.
Kathr~n M. O'Halloran, CMC\AAE
City Clerk
Arthur L. Firtion, Mayor
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WED~DAY, MAY 25, 1994 - 7:00 P.M.
Cx~l~o' 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.
1. Mayor Firtion called the Regular Meeting to order
7:00 p.m.
2. The Pledge of Allegiance was recited.
3.Invocation was given by Pastor Ed E
of the Nazarene.
4. ~OLL ~
City Council Present:
Mayor Arthur Firtion
Vice Mayor Carolyn
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present: City Manager, Joel
City Clerk, Kathry
City Attorney, Cha
City Engineer/Publ
Dan Eckis
Deputy City Clerk,
Eby, First
Church
at
Vice Mayor Carolyn Corum
L. Koford
Kathryn M. O'Halloran
Charles Nash
City Engineer/Public.Works Director,
Sally Maio
Regular City Council Meeting
May 25, 1994
Page Two
94.142
5. ~MODIFICATIONS ~ADDITIQNS ~DELETIONS) -
items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
The City Manager requested that item 14 A -
Resolution No. R-94-30 Golf Course Supervisor,
Desk Clerks - Job Description and Approve
Internal Reorganization for Golf Course
Administration be removed from the agenda and brought
back at a later date.
MOTION by Corum/Freeland
I make a motion that we remove item 14 A -
Resolution No. R-94-30.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
6. PROCL;tMATIONS AND/OR ANNOUNCEMENTS
Mayor Firtion announced a car wash and bake sale on
Saturday, May 28, 1994 sponsored by the Fire
Department at Chesser's Gap Shopping Center.
Mrs. Corum urged citizen input on and use of the
Community Coach.
proclamation - Florida Interqenerational
Awareness ~ (Kav Ro~ers ~
Mayor Firtion read and presented the proclamation to
Kay Rogers.
Mrs. Rogers briefly addressed the public.
7. PUBLIC HEARING. FINAL ACTION
None.
Regular City Council Meeting
May 25, 1994
Page Three
94. 143
94.144
CONSENT ~GENDT~
All items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of city Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 5/11/94 Regular Meeting,
5/18/94 Special Meeting
Correct 5/4/94 Minutes - Page Three Re: Golf
Course Membership Dates
RESOLUT..IQN NO. R-94-23 - Vacation of Easement
(City Clerk Transmittal dated 5/6/94,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE SOUTHWEST SIX
FEET OF LOT 16 AND THE NORTHEAST SIX FEET OF LOT
17, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK
256, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 6-37G, 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.
RESOLUTION NO. R,94-29 - Vacation of Easement
(City Clerk Transmittal dated 5/19/94, R-94-29,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE WEST FIVE FEET
OF LOT 15 AND THE EAST FIVE FEET OF LOT 16,
PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 83,
SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5-34, 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.
Regular City Council Meeting
May 25, 1994
Page Four
94.145
94.146 F.
Bid Award - Schumann Park Tennis Court
Resurfacing - Low Bid - Accurate Tennis Courts -
$3,053.00 (City Engineer Transmittal dated 5/16/94)
Bid Waiver - Sole Source - Melrose Street
Resurfacing - Asphalt Recycling ($6,500.00) and
Marianna Asphalt ($4,421.70) (City Engineer
Transmittal dated 5/19/94)
94.147 G.
94.148
Louis J. Leone - Specimen Tree Removal Request -
One Pine - Lot 6, Block 296, Sebastian Highlands,
Unit 11 (Director of Community Transmittal dated
5/12/94, Application and Survey)
Emma J. Denton - Specimen Tree Removal Request -
One Pine - Lot 13, Block 169, Sebastian Highlands,
Unit 5 (Director of Community Transmittal dated
5/12/94, Application and Survey)
94.149 I.
94.150 J.
Ed & Wilma Adler - Specimen Tree Removal Request
- One Pine - One Eucalyptus - Lot 18, Block 67,
Sebastian Highlands, Unit 2 (Director of
Community Development Transmittal dated 5/17/94,
Application and Survey)
Sally Pietz - Specimen Tree Removal Request - One
Oak - Lot 17, Block 365, Sebastian Highlands,
Unit 11 (Director of Community Development
Transmittal dated 5/19/94, Application and
Survey)
The city Manager read the consent agenda in its
entirety.
The City Attorney read titles for Resolution Nos.
R-94-23 and R-94-29.
Mrs. Damp removed items F, H and J.
MOTION by Oberbeck/Freeland
I move for the approval of items A, B, C, D, E,
G, and i 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
4
Regular City Council Meeting
May 25, 1994
Page Five
~tem F
Mrs. Damp questioned the budgeted amount and why
Asphalt Recycling can't do both functions, to which
the City Engineer responded that Asphalt Recycling is
the contractor and Marianna Asphalt is a vendor.
MOTION by Damp/Oberbeck
I make a motion that we approve item F on the
consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
item
Mrs. Damp said she had viewed this tree request and
did not concur with the stated reasons for removal.
MOTION by Damp/Oberbeck
I make a motion that we approve H on the consent
agenda.
Mrs. Corum recommended that, in the future, removed
specimen trees be replaced according to size.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
.Item J
Mrs. Damp said the subject tree had been removed on
Monday and that she had been informed that City Hall
had given approval to do so.
MOTION by Oberbeck/Damp
i would move for denial of item J on the consent
agenda until such time as staff satisfies the request
of Council.
Regular City Council Meeting
May 25, 1994
Page Six
94.151
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Freeland - nay)
9. PRESE~ATIONS
None.
10. CITY ATTORNZYMATTERS
None.
11. CITY MANAGE~ ~
12.
The City Manager reported that FDOT has approved a
$53,500 FDOT grant for airport runway and lights in
accordance with the airport master plan, an agreement
for which will come before City Council for approval;
and said a boating grant agreement will be
forthcoming for approval by City Council.
COKMITTE__E REPORTS/RECOMMENDATIONS
A. Board of Adjustment
Accept Re$iqnation of ~ u c~
Effective Immediately fDirector of Community
~ Transmittal ~.ted 5/13/94)
MOTION by Corum/Oberbeck
I make a motion to accept the resignation of Fred
Buechling with regrets effective immediately from the
Board of Adjustment.
ROLL CALL:
MOTION CARRIED 5-0
Mrs. corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
6
Regular City Council Meeting
May 25, 1994
Page Seven
94.152 2.
94.153
~erm ~ .5/97 ~ Clerk
dated ~
MOTION by Oberbeck/Damp
I move that we appoint Shirley Kilkelly as the
regular member %o the Board of Adjustment for the
ter~ to expire 5/97.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
ADDO%nt ~athY ~ to ~ Member
~ = ~ ~ Vacated b__y Frgd
Bue~ = Ter~ ~ 4/9~ [See
MOTION by Oberbeck/Damp
I move that 'we appoint Kathy Gardinier to the
regular member position on the Board of Adjustment to
fill the unexpired term vacated by Fred Buechling,
term expires 4/95.
Mrs. Corum suggested that language be amended to
allow board members to continue beyond currently
allowed terms.
Mr. Oberbeck requested that the City Manager schedule
a brief indoctrination for new members of the Board
of Adjustment and that it be attended by the City
Attorney.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - nay
Mrs. Damp - aye
MOTION CARRIED 4-1 (Corum - nay)
Regular City Council Meeting
May 25, 1994
Page Eight
B. Construction Board
94.154 1.
Appoint Keith Miller to~~qr~G~TD_e~
Citizen ~osition ~ UneEDired Tel-m v~cated bv
~~~ ~~ 9/30/94 .~Dire¢~o~r
.Qf ~om~unity Development Transm$%ta~ dated
5/~6/94, ~ ADDlioation)
MOTION by Oberbeck/Freeland
I would move to appoint Keith Miller to the
regular conoerned citizen position on the
Construction Board to fill the unexpired term vacated
by Nyra Enlow, term to expire 9/30/94.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
94.155
ADDoint ~.chael Herbiq ~o Altern.ate Concerned
Truman Smith - Term Expires 9/30/9B
fTransmi~tal Above..,. Herbi~ AD~licatio~l
MOTION by Oberbeck/Damp
I would move to appoint Michael Herbig to the
alternate concerned citizen position on the
Construction Board.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
13. OLD BUSINESS
None.
8
Regular city Council Meeting
May 25, 1994
Page Nine
94.156 A. ~ NO. R-94-30 - Golf Course SuperVisor,
Desk Clerks - Job Description and Approve
Internal Reorganization for Golf Course
Administration (Personnel Director Transmittal
dated 5/11/94, Job Description)
This item was previously removed.
94.104 B.
OR__~ NO. 0-94-09 - Length of Recreational
Vehicles (Director of Community Development
Transmittal dated 5/13/94, 0-94-09, Family Motor
Coaching Excerpt)
1st Reading, Set Public Hearing for 6/22/94
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
5.16(C) (8) OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, PERTAINING TO PARKING AND STORAGE OF
RECREATIONAL VEHICLES; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-94-09 by title
only.
MOTION by Corum/Freeland
I make a motion to approve Ordinance No. 0-94-09
on first reading and set public hearing for 6/22/94.
City Council discussion followed.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mr. Oberbeck - nay
Mayor Firtion - nay
MOTION FAILED 3-2 (Damp, Oberbeck, Firtion - nay)
9
Regular City Council Meeting
May 25, 1994
Page Ten
94.157/ c.
92.086
SebastSan G~neral PartnershiDJ ~,F-T = Reuuest
~ of L DC ProvisioR~ Re: Street L~ht - Wave
and Fleminu ~ fCitv Manager Transmittal
date~ ~ Fischer ~ dated 5/1/94)
The City Manager reiterated his 5/18/94 transmittal
as submitted, noting that only the City Council can
waive the requirement.
'94.158
MOTION by Oberbeck/Freeland
I would 'move that we honor the request of BFT
only for this particular light in light of the fact
that we as a Council elected to put this road in
after his plat had been submitted after that shopping
subdivision had been approved. There was no intent
in the original concept of his drawings to have a
Wave Street so the City elected to do it, I suggest
that the City pay for this particular light, that he
be held to the Code on the remaining portion of the
subdivision.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
C_~ Contract with 'Independent Aud~tqr~ L(City
Manaqer ~raDsmittal ~ 5118/94}
The City Manager reiterated his 5/18/94 transmittal
as submitted.
MOTION by Oberbeck/Corum
I'm going to move that we honor the request of
staff and extend the current contract with Hoyman,
Dobson and Company, P.A. for one more year.
The City Manager-said a'contract'price will be
negotiated and brought back to city council.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck ~ aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - nay
MOTION CARRIED 4-1 (Damp - nay)
10
Regular city Council Meeting
May 25, 1994
Page Eleven
A. Vice-Mayor Caroivn corum
Mrs. Corum reported on the status of Stonecrop Park
and needed funds to comply with ADA to reopen;
questioned whether the tree nursery on CR 512 and
U.S. I moved out because it could not obtain a
variance from the City;
TAPE I - SIDE II (7:48 p.m.)
inquired about Planning and Zoning Commission's
pending hearing on airport zoning; suggested
installation of bleachers at Schumann courts and
Barber Street Sports Complex; and reiterated her
request for oaks at Walmart, to which the City
Manager responded.
B. Mrs. ~orma Damp
Mrs. Damp suggested the Golf Course bridge be taken
down if it cannot be completed; urged support for the
Fire Department car wash and bake sale; inquired
whether curbs can be installed on bad corners rather
than continuously filling them in; and expressed
concern for cancellation of the pothole crew
meetings.
Mayor Firtion called recess at 7:55 p.m. and
reconvened the meeting at 8:06 p.m. Ail members were
present.
C. Mr___=.~Qbert Freeland
94.159/
93.115
~eview Reso!u~ion ~o. R-89-20 ~ Club/
Community Center) and ~aiver of Fees
Mr. Freeland said he had submitted several letters to
city Council and read a prepared statement (see
attached) relative to waiver of fees for use of the
Community Center/Yacht Club for certain groups.
11
Regular City Council Meeting
May 25, 1994
Page Twelve
City Council discussion followed. The City Attorney
cautioned that the current resolution be adhered %o
and that all applicants be treated equally.
Mayor Firtion requested a breakdown'of revenues to
ascertain appropriate fees.
The City Manager advised against reduction of fees
since insurance costs have not been looked at since
1989, stated that he could conduct an analysis of
what costs should be and urged that the concept of
public funds for public purpose be adhered to.
Mrs. Corum recommended against waiving permit fees
for churches. The City Attorney concurred.
MOTION by Freeland/Oberbeck
I move "we accept no new waivers for either the
Community Center or the Yacht club, accept no new
waivers, and honor the present ones that we have
until the first of September, that will give people
time to see if they can either raise their funds or
make other arrangements for their meetings". Mr.
Freeland continued, "other than.what I said, the
government sponsored programs". He then changed
"September" to "October".
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Mr Freeland thanked Mrs. Gardinier for volunteering
for the Board of Adjustment.
Mayor Firtion adjourned the regular meeting at 8:30
p.m.
The following items were not addressed.
D. Mr. Qberbeck
E. ~ Arthur F/trion
12
Regular City Council Meeting
May 25, 1994
Page Thirteen
INTRODUCTION OF FA'W ~_pSINESS B~ THE ~ (Which is Not
Otherwise on the Agenda - By Resolution No. R-95-19
Limit of Ten Minutes for ~ach Speaker)
Approved at the
Meeting.
, 1994, City Council
Arthur L. Flrtlon, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
13
City of Sebastian
1225 MAiN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETiNG
WEDNESDAY, JUNE 1, 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 irrwnediately 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-J g)
Introduction of New Business from the Public shall not be allowed at City Council
Workshops (R-93-J g).
1. Mayor Firtion called the workshop to order at 7:00
p.m.
2. ~he 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
City Engineer, Dan Eckis
Assistant City Attorney, Richard Torpy
City Council Workshop
June 1, 1994
Page Two
94.160/
93.196
A~ENDA MODIFICATIONS (ADDITIONS i~.-~,"D/OR DELETIONS}
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-95-19).
The City Manager requested addition of items
regarding policy on city structures and the Board
of Adjustment. These items were placed under city
Manager Matters.
5. AN~OUNC]~MENTS
NOl~e.
6. ~0RKSHOP ITEMS
~ ~ Parkinq Lot ~ ~
Transmittal dated 5/26/94. C__~~ better
dated 5/13/94J ~ Transmittal dated ~
ii~ ~ Memo date~ 7/3/91, Price Letter
dated 5/10/94)
The City Manager reiterated his summary statement, as
submitted in the agenda packet, noting that the
culvert pipe at Skydive Sebastian was a deviation
from the approved site plan. He went on to explain
that it was staff's assumption that RCP is the city
Council's preference for culvert drainage pipe
on public property.
Clay Price, Skydive Sebastian, said he had located
nothing in City records that requires the use of
concrete price and requested City Council approval
for the ADS pipe as installed.
City Council discussion followed relative to whether
formal policy had been established.
The city Engineer responded to City Council
inquiries..
Randy Mosby, Mosby & Associates, Inc., addressed City
Council.
2
City Council Workshop
June 1, 1994
Page Three
TAPE I - SIDE II (7:33 p.m.)
A lengthy.dialogue followed.
The City Manager reiterated his original questions;
~) is use of RCP for drainage still the policy of
City Council, and 2) is staff authorized to approve
changes.
MOTION by Oberbeck/Freeland
I'm going to move that we direc~ staff to
continue to adhere to policy as established by the
former Council that RCP be used on all city
properties throughout the City and that no changes be
allowed to be made by staff, that pertains to City
property only.
City Council discussion followed.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - nay
MOTION FAILED 3-2 (Corum, Damp, Firtion - nay)
City Council discussion continued.
MOTION by Damp/Corum
I move we grant an exception to allow the ADS
pipe for Skydive Sebastian.
city Council discussion followed.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - nay
Mr. Oberbeck - nay
Mayor Firtion - aye
Mrs. Corum - nay
MOTION FAILED 3-2 (Freeland, Oberbeck, Corum -nay)
Following further discussion regarding the
appropriate material for culvert pipe, the City
Attorney suggested that this issue be brought back by
staff in the form of a Resolution for the appropriate
product, to establish a clear policy.
City Council Workshop
June 1, 1994
Page Four
94.161
Mayor Fir~ion called recess at B:00 p.m. and
reconvened the meeting at 8:13 p.m. All members were
present.
B. D_D_~ of ~ ~ew Code of ~ Ordinance for
the ~itYmi~~.~
Mayor Firtion said the title should actually read
"Code of Decorum".
Richard Taracka, 1320 Coverbrook Lane, Sebastian,
addressed Council.
TAPE II - SIDE I (.8:15 p.m.)
Mr. Taracka's input continued.
Sal Neglia, 461 Georgia Boulevard; Keith Miller, 961
Riviera Avenue; Harry Thomas, 654 Balboa Street;
Walter Barnes, 402 Azine Terrace; A1 Vilardi, 445
Georgia Boulevard; all of Sebastian; and Wally
Kramer, Micco, addressed City Council.
Mayor Firtion said he had not placed this item on the
agenda to limit free speech in any way, but to
establish a standard of good conduct for meetings.
Mrs. Damp requested that Resolution No. R-93-19
relative to public input be amended to allow the
public to speak following City Council deliberation.
City Council discussion followed.
CITY COI!NCIL .,MATTERS
A. Mr. yrank Oberbeck
Mr. 'Oberbeck reported that a bid has been awarded to
Martin Paving for CR 512 widening.
TAPE Ii - SIDE II (8:45 p.m.)
Mr. Oberbeck inquired about the Mel Fisher parking
lot, to which the City Manager responded; inquired
about the Sebastian Lakes utility agreement, to which
the City Manager reported that it is his position
that they are in default; discussed this month's
issue of AARP magazine relative to cults; and
inquired why Mayor's matters were moved on the
agenda, noting that City Council matters have been
rotated in the past.
4
City Council Meeting
June 1, 1994
Page Five
None.
C. Mr. Robert ~
Mr. Freeland announced the SACRA and the Treasure
Coast Coalition town hall meeting to be held at the
North County Library on June 7, 1994.
D. Vice-Ma~Dr Ca_~~
Mrs. Corum requested an update on ~he pool situation,
to which the City Manager responded that he would
report further after meeting with the County mid
June; expressed concern for the City's lax standards
relative to removal of trees from commercial sites;
inquired when the stormwater funding issue will be
presented on the agenda, to which the City Manager
responded that the proposed ordinance will be
presented soon; inquired whether sidewalks are or
should be required in the City; inquired whether the
city property map was prepared, to which the City
Manager responded it was complete and would be posted
in the Council Chambers; inquired about corner lot
policies, to which the City Manager responded
Planning and Zoning will address it tomorrow night;
said Planning and Zoning will address the tree
protection ordinance tomorrow night; and questioned
why a special area has not been located at the Food
Lion parking lot for delivery trucks.
Mr. Oberbeck was excused from 8:54 p.m. to 8:55 p.m.
8. MAYOR MATTERS
Mayor Firtion stated that in future meetings no one
will speak unless recognized by the Chair.
9. CITY ATTORNEY MATTERS
None.
10. CITY MANAGER MATTER~
The City Manager requested that City Council
establish policy regarding condemnation of City
facilities (specifically a structure at Easy Lake
Park in poor condition); strongly requested that City
5
City Council Workshop
June 1, 1994
Page Six
Council reconsider its'position and appoint itself as
the Board of Adjustment; and suggested ~_hat a "Code
of Conduct" be established if City Council is
considering any kind of code of ethics and that no
firearms be allowed in meetings.
Mr. Oberbeck suggested maintenance for other City
structures. The City Manager recommended that the
City Council be the Condemnation Board for the City.
It was the consensus of City Council to have a
Resolution drafted to assign itself as the Board of
Adjustment at this time.
Being no further business, Mayor Firtion adjourned
the workshop at 9:15 p.m.
'Approved at the
, 1994, City Council
Meeting.
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
· City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: Well Installation
BSSC expansion
Bid Award
Approved for Submittal By:
City Manager ~~.
Agenda No.
Dept. Origin
Date Submitted
06-01-94
For Agenda of
06-08-94
Exhibits: Bid Tabulation
Bid Specifications
EXPENDITURE
REQUIRED:
$4000
AMOUNT
BUDGETED:
$4000
APPROPRiATION
REQUIRED:
$00
SUMMARY STATEMENT
The bid review committee reviewed the bids presented by United
Irrigation and Reliable Irrigation to install a 3" galvanized
steel casing 450 feet in the ground for the BSSC expansion. The
well is required to provide irrigation for the newly installed
sod for the football field that will be utilized by the Panthers
youth group football league. This is a pop warner division and
they have requested an expansion of the single football field at
Schumann Park for two fields at the BSSC expansion. It is
imperative that the well be installed in a timely manner to
irrigate the newly placed sod.
The review committee considered both companies and found that
both were reliable and capable of installing the well. Each
well installer had quoted the same price. However, if additional
depth is required for the well to produce the 55 gallons per
minute then the cost of United Irrigation would be approximately
half of the cost that Reliable would charge for the additional
depth. In addition Reliable has provided a commitment to have
the well installed in 10 calendar days as compared to United
Irrigation which would be able to install the well within 4 days.
The time frame was critical in the review committees evaluation
for this installation.
RECOMMENDED ACTION
Move to award the well installation at the BSSC expansion to
United Irrigation for $4000.
I
· City o.f Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 1:3 FAX (407) 589-5570
BID TABULATION
CIT~ OF B2~A~T~
BIDS DUB
CONTRACTOR/VENI)0~
Nay ~lm~, 1994 2:00 1~.M.
AMOUNT ADDITIONAL
FEET OF 3" PER FT
Reliable Well Drilling
United Irrigation
$4,ooo. $14.oo
$4,ooo. $ 8.oo
City of Sebastian
1225 MAIN STREET o 'SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 = FAX (407) 589-5570
NOTIC~ OF INVITATION TO BID
SEALED BiDS FOR DEEP WELL INSTALLATION FOR THE BARBER
STREET SPORTS COMPLEX EXPANSION, WILL BE ACCEPTED BY THE
CITY OF SEBASTIAN, IN THE OFFICE OF THE CITY CLERK, CITY
OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FL 32958 UNTIL
2:00 P.M. ON TUESDAY, MAY 31ST, 1994. BID ENVELOPES ARE
TO BE MARKED AS FOLLOWS:
BID: WELL INSTALLATION BSSC EXPANSION
THE CITY OF SEBASTIAN IS SEEKING BID PROPOSALS FROM LICENSED
'CONTRACTORS IN THE CITY OF SEBASTIAN TO PROVIDE ALL MATERIAL AND
LABOR WIT~ PROPER SUPERVISION FOR THE INSTALLATION OF A 3" DEEP
WELL WITH GALVANIZED CASING AND A RETACTABLE PVC SCREEN. BASE
BID WELL DEPTH: 450 FEET. THE WELL SHALL BE TESTED AND CAPABLE OF
DELIVERING 55 GALLONS PER MINUTES AT 40PSI. TEST WELL FOR IRON
CONTENT AND SUBMIT TEST RESULTS TO THE CITY ENGINEER.
CONTRACTOR SHALL BE PROPERLY LICENSED IN THE CITY OF SEBASTIAN
AND SHOW PROOF OF INSURANCE.
ALL WORK WILL BE DONE IN ACCORDANCE WITH STANDARD SPECIFICATIONS
AND ACCEPTED LOCAL PRACTICE INCLUDING A ONE YEAR WARRANTY PERIOD.
PLEASE USE THIS FORM TO RESPOND TO THE SUBJECT BID REQUEST.
PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN
PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONING (407)
589-5330 FOR BIDDING DOCUMENTS AND SPECIFICATIONS.
QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF
SEBASTIAN, CITY ENGINEER, DANIEL C. ECKIS, P.E. BIDS WILL BE
PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON TUESDAY, MAY
31ST, 1994 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY
RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
BY: KATHRYNM. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
PUBLISH PRESS JOURNAL
FRIDAY, MAY 20, 1994
1225 MAIN STREET ~ SEBASTIAN, FLORIDA $2958
TELEPHONE (407) 589-5330 ~3 FAX (407) 589-5570 I
DATE:
TO:
FROM:
RE:
MEMORANDUM
MAY 16, 1994
PROSPECTIVE BIDDERS
CITY ENGINEER ' S OFFI~
DEEP WELL INSTALLATION
PLEASE USE THIS FORM TO RESPOND TO THE SUBJECT BID REQUEST.
SIYSMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS:
BID: WELL INSTALLATION BSSC EXPANSION
YOUR RESPONSE MUST BE SUBMI~ 'TO THE CITY CLERK'S OFFICE AT
SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958 NO
LATER THAN 2:00 P.M. ON TUESDAY, MAY 31ST, 1994.
CONTRACTOR TO FURNISH AND INSTALL ALL LABOR, SUPERVISION,
MATERIALS, TOOLS, EQUIPMENT, PERMITS AND LICENSES TO COMPLETE THE
REQUIRED WORK IN ACCORDANCE WITH THE SPECIFICATIONS SHOWN ON THE
NOTICE TO BID.
DESCRIPTION QTY TOTAL PRICE
450 FOOT DEEP WELL I $ LS
UNIT PRICE FOR LINEAL FOOT OF
3" GALVANIZED CASING INSTALLED
.LF
PUBLIC ENTITY CRIMES:
BIDDERS SHALL COMPLETE THE ATTACHED SWORN STATEMENT UNDER SECTION
287.133 (3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES AND
RETURN WITH THE BID.
SCHEDULE:
COMMITMENT TO COMPLETE WITHIN
GIVEN NOTICE TO PROCEED.
CALENDAR DAYS AFTER
, City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TF! EPHONE (407) 589-.~$0 ~ FAX (407) 589-,r'~70
Approval for Submit~al By,
City Hanager, ~~ ~
SUBJECT, ) Agenda No.
Annual Contract for ) Dept. of'Origin
Ins~allation of Water Services )
and
Sewer
Laterals
) Utilities Director
)
) Date Submi~ted: June 2, 1994
)
) For Agenda Of, June 9, 1994
)
) Exhibits, Opening Summary Sheet;
Comparison Calculations Based on
Unit Prices on Bld~ Agreement
EXPENDITURE
REQUIRED, N/A
AMOUNT
BUDGETED, N/A
APPROPRIATION
REQUIRED: N/A
SUHHAR¥ S?ATEHE. NT
On May 23, 1994, the Bid Opening was held for the Annual
Contrac~ for Installation of Water Services and Sewer Laterals.
There were three utilities contractors which submitted bid packages
as required.
On June 1,1994. the Bid Review Committee consisting of Dan
Eckis (City Engineer). Chris Moore (finance Director). Jan King
(Community Development Dept). John Van Antwerp (Airport Director).
and I met and evaluated the bids. Since this was an open ended
unit price bid, the committee based its recommendation by
comparison costs of selected typical water and sewer installations.
The committee unanimously recommended Treasure Coast Con=racting,
which was consistently low in all of the installation comparisons.
RECOHHENDED.ACTION
Move to award the Annual Contract
Contracting Co. for a period of one year.
to Treasure Coast
CrTY OF SEBASTL~N
ANNUAL INSTALLATION OF WATER SERVICES.& SEWER LATERALS
,1994- lgg5
BID OPENING -MAY 2~, 1994 Q 2:00 PM
CONi'Iv~C~TOR ...... PUBIC ENHiY"' DRI~G"'F~E .... BID $1~BMt'/i~D '" "'~
ORIME ST~T WORKPI.~CE
A & R LmUTIES YES YES YES
DERRICO CONSTRUCTION NO
JOBbeR, ~NC. YES YES YES
~ANDMA~TERS DEV. NO
TIM ROSE CONSTRUCTION NO
mEASURE COAST CONT. YES YES YES
ANNUAL CONTRACT FOR INSTALLATION OF
WATER SERVICES AND SEWER LATERALS
June 1, 1994
INSTALLATION OF WATER SERVICES - COMPARISON CALCULATIONS
10' LONG 3/4" SINGLE SERVICE ON 12' MAIN
CO, 12"X3/4' TAP 10' PE TUBING CURB STOP
METER INSTALL
TOTAL
A & R $300 $60 $60 $15 $435
JOBEAR $435 $105 $65 $50 $655
TREASURE $290 $10 $30 $10 $340
METER INSTALL
40' LONG 3/4' SINGLE SERVICE ON 8" MAiN
CO. 8'X3/4' TAP 40' PE TUBING CURB STOP
TOTAL
A & R $215 $240 $60 $15 $530
JOBEAR $385 $420 $65 $50 $920
TREASURE $240 $40 $30 $10 $320
40'LONG, 1' DBL SERVICE ON 6' MAIN W/SLEEVE
CO. 6'X3/4' TAP 4~ PE TUBING 24' 2~ CASING U BRANCH CONN
DBL METER INST
TOTAL
A & R $195 $400 $480 $200 $25 $1,300
JOBEAR $378 $430 $600 $100 $50 $1,558
TREASURE $230 $40 $288 $60 $10 $628
TOTAL
$760
$1,102
$726
/
INSTALLATION OF SEWER LATERALS
COMPARISON CALCULATIONS
4" SEWER LATERAL, 15' LONG, ON EXISTING 8" PVC MAIN
CO. TAPPING SADDLE LATERAL CLEANOUT
2 CLEANOUTS
TOTAL
A & R $500 $225 $35
JOBEAR $612 $315 $175
TREASURE $500 $150 $75
6' SEWER LATERAL 30' LONG ON EXISTING 8' VCP MAIN
WITH PVC WYE AND TWO CLEANOUTS
CO. TAPPING SADDLE LATERAL PVC WYE
A & R $650 $600 $50 $70 $1,370
JOBEAR $865 $675 $100 $350 $1,990
TREASURE $500 $300 $75 $150 $1,025
HIS AGREEHE~To made =his .--.- day of , 199___,
by and between ~he City of Sebastian, a Politica1 Su~ivision of
the S~a=e of Tlorida (hereinafter called ~he 'City°), and
............. , pr i~S Successors°
executors, admlnis=rators, and assigns (hereinafter called
'Contractor'):
W I T~U~ S $ E T.~,
The City and Contractor'for good and valuable consideration as
hereinafter se~ forth, 4o mutually agree as follows,
1. Scope o~ Work. Contractor agrees ~o furnish all
materials, labor, supervision, and services necessary to complete
the Work as described in the contract documents (the 'Contract
Documents') and agrees %0 complete the Work in a workmanlike manner
in accordance with all applicable codes and in full compliance with
the Con~ract Documents.
2. Con%fac=Documents.
(a) The Con:rac~ Documents consist of this Agreemen:,
Notice of Invitation to Bid, Instructions for Bidders, Special
Terms and Conditions. Bid Torm, all drawings, specifications,
addenda issued prior to the execution of this Agreement, other
documents listed in this Agreement and modifications issued after
execution of this Agreement. The Addenda, if any, are as follows:
........... . ?h~ in~ent of the Con=tact 'Documents is
include all items necessary for the proper execution and completion
of ~he Work by Contractor. The Contrac= Documents are
complimen%ary, and what is required by one shall be binding as if
required by all; performance by Contractor shall be required only
%o ~he extent consistent with the Con%rac~ Documen:s and reasonably
inferable fro. m ~hem as being necessary to produce the intended
results.
(b) The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor. or. (2) between any
persons or entities o~her than the City and Contractor.
(c) The ~erm 'Work' means ~he cons=ruction and services
required by the Contrac~ Documents, whether completed or partially
completed, and includes all labor, materials, equipment and
services provided or to be provided by Contractor to fulfill
Contractor's obligations hereunder. The Work may constitu~e the
whole or a part of the project.
Contract Sum and Pavaent_..to ~on~rac~or.
(a) Contract Sum. The City shall pay to Contractor for
Contractor's performance hereunder, the amount(s) specified in the
Contract Documents (~he 'Contract Sum').
(b) Progress Pa2fments. The City shall make progress
payments on account of the Contract Sum to Contractor as provided
below and.'elsewhere in the Contract Documents.
(i) Each Application for Payment by Contractor
shall be submitted to the City by the twenty-fifth (25th) day of
each month.
(ii) Provided an Application for Paymen~ is received
by the City not later than the twenty-fifth (25th) day of a month.
the City shall make payment to Contractor not later than the tenth
(10th) day of the following month. If an Application for Payment
is 'received by the City after the application date fixed above.
payment shall be made by the City not later than ten (10) days
after the City receives the Application for Payment.
(iii) Final payment to Contractor is contingent upon
acceptance of %he Work by the City.
(c) Reimbursable Expenses, The provisions of Florida
law shall govern the reimbursement of per diem and travel expenses
to Contractor. Contractor shall not be reimbursed in excess of the
rates prescribed by law. Any request for reimbursement by
Contractor shall be accompanied by documentation which is, in the
reasonable opinion of the City, sufficient to establish the
expenditure on the part of Contractor.
4. Contractor's 0bl/~ations.
(a) Contractor shall supervise and direct the Work.
using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over construction means.
methods, techniques, sequences and procedures and for coordinating
all portions of the Work under this Agreement, unless the Contract
Documents give other specific instructions concerning these
matters.
(b) Unless otherwise provided in the Contract Documents.
Contractor shall provide and pay for labor, materials, equipment,
tools, construction equipment and machinery, water, heat.
utilities, transportation, and other facilities and services
necessary for the proper execution and.completion of ~he Work.
whether temporary or permanent.and wheuher or not incorporated or
to be incorporated in ~he Work. ,
2
(c) Unless otherwise provided in the Contract Documents.
Contractor shall pay all sales, use and o~her similar ~axes and
shall secure and pay for all perni=s and governmen=al fees.
licenses and inspections necessary for proper execution and
completion of =he Work. "-
and good
employees and ocher persons carrying out
the Work. Con~ractor shall not permit employment of unfit persons
or persons not skilled in =asks assigned ~o them.
(e) Contractor currently holds and shall maintain at all
times during ~he ~ern of this Agreemen= all required federal, sta=e
and local licenses necessary =o perform the Work required under =he
Con=tact Documents.
(f) Contrac=or shall be responsible to =he City for =he
acts and omissions of Contractor's employees. Subcontractors and
their agents and employees, and other persons performing portions
of ~he Work under a contract with Contractor.
5. Warran=~. Con=factor warrants Co the City that all
ma=erials and labor furnished under this Agreement~shall be free
from any and all defec:s year'~rom =he date
of comple=ion of the WOrk. and %hat the Work will conform wi=h ~he
requirements of the Contrac~..Documen:s. Work not conforming ~o
~hese~ approved
and authoriz~.,~.may, be considered defective,
(a) Con'tractor shall, at no cost to the Ci=y, promptly
correct Work failing :o conform :o requirements of the Contract
Documen=s.. whether observed before or after comple~ion of the Work
and ~Oh:p~eted'~. and shall
correct any Work found =o be' not in accordance with the
requirements of =he Contrac= Documen=s wi=hin a period of one (1)
year from %he da~e of conple=~on of ~he Work or b~ ~he =erns of an
applicable, special warranty required by =he '"Con=rac~ Docunen~s.
The provisions of =his Paragraph 6 apply ~o ~he Work done by
Subcon~racnors as well' as ~o ~he Work done by direc~ employees of
Con=factor.
....... (b~ 6 shall .be
=O'e'stabliS~'' :~ Peri°d res~ec'= to other
has no
rela=ionShip =o '=he time wi=hi~" Wh'ich' =h~bl'~ga=ion =o comply wi=h
~he Con=rac~ Documenns may be sough= =o be enforced, nor =o =he
=lme wi=bin which proceedings may be commenced =o es=ablish
.Con=rac=or's.. liabili~Y" wiuh' respec= %o Con~racnor's obliganions
O=her =ban Specifically =o' correc=~-~='~· w~r'~.. .... -~-" ~'
~ ....... ~. '~ ~ ,-<:%~ ~"~.i.~:'h..~~.~ ~,i:~...;...,, , ·
3
7. Subcontra. cts.
(a) A Subcontractor is a person or en~ity who has a
direct contract with Connractor ~o perform a portion of the Work.
(b) A Supplier is a person or entity who has a direct
contract with Contractor to provide materials and/or supplies
required to perform a port/on of ~he Work.
(c) Unless otherwise stated in the Contract Documents or
the bidding requirements, Contractor, as soon as practicable after
award of the Con~ract, shall furnish in writing to the City the
names of ~he Subcontractors and Suppliers for each of the principal
portions of ~he Work. 'Contractor shall not contract with any
Subcontractor or Supplier ~o whom the City has made reasonable and
timely objection. Contracts between Con~ractor and
Subcontractors and Suppliers shall require each Subcontractor and
Supplier, to the extent of the Work =o be performed by the
Subcontractor and the material and/or supplies =o be provided by
the Supplier, to be bound to Contractor by ~he terms of the
Contract Documents, and to assume toward Contractor all the
obligations and responsibilities which Contractor, by the Contract
'Documents, assumes toward the City.
8. Term. The term of this Agreement shall be one (1) year
from the date of the Agreement unless otherwise specified in the
Contract Documents. The parties reserve the right to extend the
term of this Agreement for an additional term of one (1) year on
the same terms and conditions upon mutual written agreement.
9. Fermina~ion.
(a) For C0use. If Contractor defaults or persistently
fails or neglects to carry out the Work in accordance with the
Contract Documents or fails to perform a provision of this
Agreement, the City, after ten (10) days written notice to
Contractor and without prejudice to any other remedy the City may
have, terminate this Agreement.
(b) Without Cause. The City retains the right =o cancel
this Agreement at any time, with or without good cause, upon
written notice to Contractor when such termination is deemed by the
City Council, or their designee, ~o be in the public interest.
(c) Payment ...Upon Ter~.ination. In the event of
termination as provided herein, Contractor shall be paid for
services performed through the date of termination, less damages
incurred by the City as a result of Contractor's failure to carry
out the Work in accordance with the Contract Documents and
Contractor's failure to perform any provision of this Agreement.
10. ~ To the fullest extent permitted by law,
Contractor shall indemnify, defend and hold harmless the City and
the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but no= limited to
attorney's fees, arising out of or resulting from performance of
the Work, except for injuries, damages or claims which are ~he
result of =he sole negligence of =he Cl%y, its agents, servants, or
employees. Contractor hereby acknowledges that the obligations
imposed upon the City and =he terns of this Agreement are the
specific consideration for the indemnification provided herein.
11. Insurance. Con=factor shall procure and main=aim during
~he life of ~his Agreement insurance of =he types and subject to
the limits set forth below. Contractor shall also provide the City
with evidence of this insurance prior ~o commencement of =he Work
in the form of Certificates of Insurance which shall be subject =o
the City's approval for adequacy.
(a) Workers' Compensation. Contractor shall purchase
from and maintain in any company or companies lawfully authorized
~o do business in Tlorida, workers' compensation insurance for
'protection from claims for damages because of bodily injury,
including death, and from claims for damages, other than to the
Work itself, to property which may arise out of or result from
Contractor's operations under this Agreement, whether such
operations be by Contractor or by Subcontractors or by anyone
directly or indirectly employed by any of them. This insurance
shall be written for not less than the limits of liability required
by law, and shall include contractual liability insurance
applicable to Contractor's obligations under Paragraph 19.
Coverage B. Employer's Liability, shall be written for a minimum
liability of SlOO.ooo.oe per occurrence.
(b) Commercial ..General Liab~ll=~. Contractor .shall
provide and maintain during the life of this Agreement, a=
Contractor's own expense, Commercial General Liability insurance on
an occurrence basis for a minimum of $1,099,900.00 per occurrence
for claims of bodily injury including death, and $~99,990.99 for
property damage.
(c) Commercial A~oLiabilit~. Contractor shall provide
and maintain during the life of this Agreement, at Contractor's own
expense, Commercial Auto Liability insurance on an occurrence basis
for a minimum $109.000.00 per occurrence for claims of bodily
injury including death, and $390,909.99 for property damage.
12. Pe~for~ance...Bond. Con~ractor shall purchase and maintain
throughout the duration of this Agreement a Performance Bond in an
amount equal to 110% of the face amount of the Con=tact Sum, unless
such requirement is specifically waived or modified in writing by
the City. Said bond shall be with a surety insurer authorized to
do business in the State of Florida. In lieu of said bond.
Contractor may obtain and deliver to the City an irrevocable letter
of credit from a qualified lending institution in an amount e~ual
~o =he Performance Bond required. Contractor shall submit to the
City proof of said surety bond or letter of credit upon execution
of =his Agreement.
13. Assignment. Contractor shall not assign ~his Agreement
to any o~her persons or firm without first obtaining ~he City's
written approval.
14. No=ices. All notices, requests, consents, and o~her
communication required or permitted under ~hls Agreement shall be
in writing and shall be (as elected by ~he person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed ~o~
IF TO THE CITY=
City of Sebastian
Attn: Joel Koford, City Hanager
1225 Hain Street
Sebastian. Florida 329S8
WITH A COPY TO:
IF TO CONTRACTOR:
Charles Ian Nash, Esquire
City Attorney
c/o rrese, Nash & Torpy, P.A.
930 S. Harbor City Boulevard
Suite 505
Helbourne. florida 32901
~'5. Time. Time limits stated in the COntract Documents are
of the essence of this Agreement. By executing this Agreement.
Con=factor confirms that =he contract ~ime is a reasonable period
for performing the Work.
16. Conflic~ of Interest.
(a) Contractor represents that it presently has no
interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services
required hereunder, as provided by law. Contractor further
represents ~ha~ no person having any such interest shall be
employed in performance of the Work.
(b) Con~ractor shall promptly notify the City in writing
by certified mail of all potential conflicts of interest prohibited
by existing state law involving any prospective business
association, interest or other circums%ance which may influence or
appear to influence Contractor's judgment or quality of services
6
being provided hereunder. Such written notification shall identify
the prospective business association, interest or circumstance, the
nature of.work that Contractor may undertake and request the
opinion of the City as "to whether the association, interest or
circums%ance, would, in the opinion of =he City, constitute a
conflict of interest if entered into by Contractor. The City
agrees to notify Contractor of its opinion by certified mail within
thirty (30) days of receipt of notification by Contractor. If, in
the opinion of the City, the prospective business association,
interest or circumstance would not constitute a conflict of
interest by Contractor. the City shallso state in the notification
and Contractor shall, at its option,' enter into said association.
interest or circumstance and it shall be deemed to be not a
conflict of interest with respect ~o services provided to the City
by Contractor under the terms of this Agreement.
17. Conpliance With All ADDlic~bleFederal Laws~ Contractor
shall comply with all applicable federal laws that in any way
regulate or impact the Work, including, but not limited to, The
..Clean..Air~Act :(42 USC $7506(c)), The Endangered Species Act (16 USC
$1531; ~ s. eq.:)..- Executive Order No. 11593, Executive Order No.
11988, Executive Order No. 11990. The Fish and Wildlife
Coordination Act (PL 85-624). The Safe Water Drinking Act Section
1424(e)""iPL 93-523~,'as'amended'), The Wild and Scenic Rivers Act (PL
90-542., .....as~.amended},_..The Demonstration Cities and Metropolitan
'of'?he Clea
The Civil Rights Act of 1964 (PL 88-3S2) The Age DiScrimination
Act (PL 94'135], Section 13'of The"Federal Water Pollution Control
Act (PL 92-500), Executive Order No. 11246. Executive Order No..
11625°. Executi~e Order No. 12138, Executive Order No. 12549, The
Health
Act and applicable regulations, and the Americans w~th Disabilities
Act (PL 101-336).
18," Liquidated Damages. In the event Con~ractor violates or
fails to perform any provision of the Contract Documents, then the
City may elect to receive as liquidated damages the amount(s)
specified in the Contract Documents. It is expressly acknowledged
, by Contractor ~hat said ~ayment shall not be interpreted nor
....... ~,~. ~ ~ ~, , .. ~ , ¼ '.~% :..~ ...~ ~'. .~, ~ . ~..
--.' -.'~-' construe~".as a penalty but'~:i's.c'i'n.'~act a good"faith""attempt to fix
............ . .... damages which.the City will suffer in %he even= Contractor fails to
= rform as require or. violates"an¥~ro'vislon of ~he
19. Bid and Payment Bonds. Con=factor shall 'purchase and
maintain such bid and payment bonds as are required by the City and
specified in the Contract Documents.
20. Druo-Yree Workolace. ~on~racCor. in accordance with
~lorida $~a~uce 287.087. hereby certifies ~ha~ Con,factor does:
(a) Publish a sta~emen= no=ifying employees ~hat ~he
unlawful manufacture, dis=ribu=ion, dispensing, possession, or use
of a con~rolled subs=ance is prohibited in =he workplace and
specifying =he ac=ions ~ha= will be =aken agains= employees
viola=ions of such prohibi=ion.
(b) Inform employees abou~ =he dangers of drug abuse in
=he workplace, ~he business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabill~a=ion, employee
assistance programs and ~he penal~ies =ha= may be imposed upon
employees for drug abuse violations.
(c) Give each employee engaged in providing ~he
commodities or con=factual services =ha~ are required hereunder a
copy of the s=a=emen= specified in Subparagraph (a).
(d) In the s=a=emen= specified in Subparagraph (a).
no=lfy =he employees ~ha~. as a condi=ion of working on =he
cOmmodities or con=fac=ual services that are required hereunder,
=he employee will abide by ~he =eLms of =he s~a=emen= and will
notify ~he employer of any conviction of, or plea of guilty or nolo
con=endere =o. any violation of Chapter 1893 or of any controlled
substance law of the United S=ates or any s~a=e, for a viola=ion
occurring in ~he workplace no la,er =hah five (5) days after such
conviction.
(e) Impose a sanction on. or require =he sa=isfac=ory
participation in a drug abuse assis=ance or rehabili=a=ion program
if such is available in the employee's community, by any employee
who is so convic=ed.
(f) Hake a good fai=h effort =o continue ~o main=ain a
drug-free workplace =hrough lmplemen=a~lon of Subparagraphs (a)
=hru (e).
21. Public En=i=¥ Crimes.
(a)
warrants=
Contractor hereby acknowledges.
represents and
(i) That a 'public entity crime' as defined in
Paragraph 287.133(1)(g), Florida Statutes. means a violation of any
state or federal law by a person with respect =o and directly
related to ~he transaction of business with any public entity or
with an agency or political subdivision of any o~her state or of
the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
(l~) Tha~ 'convicted' or 'convic~ion' as defined in
Paragraph 287.133(1)(b). Florida S~atu~es. means a finding of guilt
or a conviction of a'public enti=y crime, with or wi=hour an
adjudication of ~guil=. in any federal or s~a~e =rial court of
record rela~ing =o charges brough= by indictment or lnforma=ion
alder July 1. 1989. as a resul= of a jury verdict, nonjury trial.
or entry of a plea of gull=y or nolo contendere.
(iii) Tha= an 'affiliate' as defined in Paragraph
287.133(1)(a). ~lorida S~a=u=es. meanst
1. A predecessor or
co=vic=ed of a public entity crime; or
successor of a person
2. An en=ity under the con~rol of any natural
person who is active in ~he management of ~he entity and who has
been convic~ed of a public entity crime. The term 'affiliate'
includes ~hose officers, directors, executives, partners.
.shareholders, employees, members, and agents who are active in
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling
o~ equipmen~ or income among persons when not for fair marke~ value
under an arm's length agreement, shall be a prima facie case
one person controls another person. A person who knowingly enners
in~o a joint venture ~i~h a person who has been convicted of a
public en~i=y crime in ~lorida during =he preceding 36 months shall
be considered an affiliate.
(iv) Tha~ a 'person' as defined in Paragraph
287.1~3(1)(e). Florida Statutes. means any natural person or entity
organized under the laws of any state or of the Uni=ed States with
the legal power to enter into a binding contract and which bids or
applies to bid on contracts for ~he provision of goods or services
le~ by a public entity, or which otherwise transacts or applies to
transact business wi=h a public entity. The ~erm 'person' includes
~hose officers, direc~ors, executives, partners, shareholders.
employees, members, and agents who are active in managemen= of an
entity.
(b) Based on.informa~ion and belief. ~he statemen~ which
Contractor has marked below is true in relation to Contractor
submi~ing ~his sworn statement. [indicate which s~a~ement
applies.]
· Neinher Contractor. nor any of its officers.
directors, executives, partners, shareholders, employees.
members, or agents who are active in the management of
Contractor. nor any affiliate of Con~ractor has been
charged with and convicted of a public en~ity crime
subsequen= to July 1. 1989.
9
Con,factor. or one or more of its officers.
directors, execu~ives, partners, shareholders, employees.
members, or agents who are active in ~he management of
Contractor, or an affiliate of Con=factor has been
charged wl~h' and convic~ed of a' public en~l~y crime
subsequent =o July
Con=factor. or one or more of its officers.
directors, executives, partners, shareholders, employees.
members, or agents who are active in the management of
Contractor. or an affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1. 1989. However. =here has been a
subsequen~ proceeding before a Hearing Officer of the
State of Florida. Division of Administrative Hearings and
the Final Order entered by,he Hearing Officer determined
that it was not in the public interes~ to place
Contractor on the convic~ed vendor lis~. [attach a copy
of ~he final order].
(C) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGHENTS,
'REPRESENTATIONS AND WARRANTIES HADE iN THIS PARAGRAPH 2! TO THE
CITY ARE FOR THE CIT~ ONLY ABD, THAT SUCH ACKNOWLEDGMENTS~
REPRESENTATIONSAND#ARRANTiESAREVALID THROUGH DECEHBER 31 OF THE
CALENDAR ~EAR IN WHICH THIS AGHEEHENT IS E~CUTED. IN THE EVENT
THE TERMOF THIS AGREEMENT SHALL E~TENDBEYOND THE CALENDAR~EAR IN
WHICH IT WAS E~ECUTED. CONTRACTOR SHALL E~CUTE AND SUBMIT TO THE
CITY A NEW SWORN STATEMENT UNDER SECTION 287.~33. FLORIDA STATUTES,
ON PUBLIC ENTIT~ CRIHES. FORH PUR. 7%68, AS REVISED FROH TIME TO
TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO
IBTORHTHE CIT~fPRIOR TO ENTERING INT0 A CONTRACT IN EXCESS O~ THE
THRESHOLD AHOUNT PROVIDED IN SECTION 287.e~7. FLORIDA STATUTES ~OR
CATEGORY TWO OF AH~ CHANGE IN THE INPORHATION CONTAINED IN THIS
PARAGRAPH 21.
22. Entire and S~le Aq~eement. Except as specifically stated
herein, the Contract Documents constitute the entire agreement
between the parties and supersede all agreements, representations.
warranties, statements, promises and understandings not
specifically set forth in the Contract Documents. Neither party
has in any way relied, nor shall in any way rely. upon any oral or
written agreements, representations, warranties, statements.
promises or understandings not specifically set forth in the
Contract Documents.
............... 2~ Successors and Assigns. Excep~ as otherwise provided in
~he Contract Documents. all covenants and agreements of the parties
contained in the Contract Documents shall be binding upon and inure
to the benefl~ of the respective successors and assigns of the
parties.
24. A~orne¥'s ~ees. In ~he even~ any ac=ion, proceeding.
sul~ or claim is filed, ini=ia~ed or main~ained ~o enforce any of
=he provisions of ~he ¢on=rac~ Documents, ~he prevailing par~y
shall., in addi=ion '~o relief =o which i= i.s o=herwlse entitled, be
en=i=led ~o recover such ~urther amounts, ~9.nhe ex=en~ lawful, as
shall be' suffic~n=~'~"~O Pay the'cos= and expenses of enforcement,
including reasonable a~%o'rne¥'~'s fees"~ bo~h"' a= ~rial and all
appellate levels.
25. ReBedies. No remedy herein conferred upon any parry is
in~ended =o be exclusive of any o~her remedy and each and every
such remedy shall be cumulative and shall be in addition =o every
o=her remedy given hereunder or now or hereaf=er exis=ing a~ law or
in equi=y or by sta~u~e or o~herwise.
26. Govern~n~ Law. The Con=fac= Documents shall be cons=rued
and enforced in accordance wi~h and governed by =he laws of ~he
S=a~e of Florida. and venue for any ac=ion pursuan= %o the Con,fac=
Documen=s shall be in Indian River County, Florida.
27. ~gendmen~s. Neither ~he Con~rac~ Documents nor any ~erm
'=hereof may be changed, waived,, discharged~or =ermina~ed orally,
exceR= by, par~y agains=
which enfOrcemen= of =he change'~ waiver, discharge or =ermina=ion
is sough=. · · .... ~ ........ .
~.,~... .... ~.,...~.~ ~,~,,~j ,-, ~,, ,-.~, .,, . ,~ .~..~ ~. ~ .,~ ~ .: ~,... . ~ ,.
28. Waiver. The failure of any of =he parries a~ any rime ~o
· '. re~uir~_~erformanCe..?of~'' an' ~°~s!~n.%~.o~.i_.. Documen=s
same unlesS'waived in wri=ing. No waiver
by any parny of'any~ condi=ion or'breaCh shall be cons=rued or
deemed =o be a waiver of any o=her cOndi=ion or any o~her breach of
any =erm, covenan= or warranny, con=ained in nhe Connrac= Documen=s.
=on~rac~or has affixed his, l~s, or ~heir names, or name.
and
ATTEST
¢ITY~.
THE CITY 0~ SEBASTIAN, FLORIDA
By:
K a %h ryn ' ' ~ .~, .....¥.~.%~,~'~,~ .... ~ '~:~;7-~ ,' ~-,,- · -~ , ·
- ~ ~ · ,. = .:.~ ~ ~. -.~,.~....4..- ~.-~ . ~ .--¥= %.~ .... , m ~ ~. · ~r -
~"'~?~"~ ....... ~'~'~'CM'C/AAE~:: .C[~ 'Clefk -~,,~ ...... ~ ...... ~ '~:'~' '"~'N~me~'~":~-~ ........... ~ ...... '~'~ ,~ -
ppr.ove -'as =o~'F'orm'~
Sufficiency: .....
Charles Ian Nash, City A%=orney..."' '.'
.......... . _.:..~ . . .' -27::~...:-- ~ _:y:;~.~?;:,,... -.
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Signed. sealed and delivered
in the presence of~
CONTRACTOR:
Title~
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of ........... , 199__ by ,
=he of the CITY OF SEBASTI~"~ FLORIDA, on
behalf of ~he CITY OF SEBASTIAN. He/she is personally known to me
or produced .......... as
identifica=ion,
Notary Pub c,
S%ate of Florida
Printed Name
Commission Number
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing ins=rumen~ was acknowledged before me this
day of , 199__ by ,
on behalf of CONTRACTOR. He/she is personally known to me or
produced as identification.
No%ary Public.
Sta~e of Florida
Prin~ed Name
SPECIAL TERMS AWD,CONDITION~
Installation of water .services and sewer laterals under ~his
Contract shall be on an 'as-needed' basis. Only one
installation may be ~eeded at a time. There is no limit as to
the'total amount of installa~ions required depending on the
demand for service by City utility customers.
Once notification is given by the Clty~ to the Contractor to
proceed with installation of ~he wa=er services and/or sewer
laterals, the Con~ractor shall be allowed a maximum of two
weeks to perform the installation. Non-compliance with ~he
two ~eek time period shall be sufficient grounds for
termination of the Agreement for cause.
The Contractor, upon receiving written orverbal authorization
to proceed with the installation(s) for non-emergency service,
shall confirm wi~hin 72 hours ~he date the installation(s)
shall be performed.
Occasionally, emergency installations may arise. The
Contractor shall make every a~tempt to perform the
lns~allation within 72 hours following notification by the
City. The City will. make every attempt ~o prevent an
occurrence of emergency type installations to minimize ~he
inconvenience to ~he Contractor. All installations, except
emergencies, will be performed during normal working hours
during the standard work week, Monday through Friday.
Emergency work after hours, and on weekends, shall constitute
an additional reimbursement of Set for labor only.
PERFOR ,~A~C.E. BO~D
Being that this contract will be on the basis of time and
material for an indeterminate number of installations of wa~er
and sewer services over the course of one year, a one time
Performance Bond in the amount of $10,O00.O0 shall be required
=o be maintained throughout the duration of the contract with
~he City. The Bond shall be procured in accordance with
Sec=ion 12 of =he 'Agreement'.
LIO~ID~TED.DAH~.~ES
Failure on the part of the Con~ractor to confirm installation
da~es with ~he City within 72 hours from ~he ~lme ~he City
notifies ~he Contractor to proceed with a non-emergency
service and to commence and complete installa~ion as required
hereunder, shall entitle the Cl~y to collect $22~.O0 per day
in liquidated damages unless ~he Contractor ca~ prove ~hat
non-performance was due ~o circumstances beyond his con~rol.
.SP~.C. IAL TERMS,. AND ,CON~,.ITION?
Page 2 of 2
BID BO.ND AND, PATIENT BOND
Neither bond shall be required for ~his Con~rac~.
PAT~ENT
The Contractor. when submit~ing his invoice for payment, shall
be specific in lden~ifying ~he ~ype and-sizes of the materials
installed and =he s=ree= address(es) where the ma=erials were
ins=ailed.
PERFOR/vkANCE BOND
hereinafter cali~.EOntracf~'~'~'~d - .. . [ Principal,
called Sure~ a~e held ~nd firmly bound unto"--Cl~ .... ~ as surety~ hereinafter
~reinafter called O~r~ in ~ am~t of Dollars
(~ ) for ~ p~ent whereof Contr~tor and ~ur~ty bi~t~sel~es~ their
heirs, exec~ors~ odministrators~ succe~rs ~d a~ig~ ~ointly end s~erall~ firmly by
W~~ t~ Contractor h~ by ~itten ogreem~t~ date . ~ !~~
entered into a contr~t with t~ O~er for in ~cordance with
t~ Sp~ifieatiom prepped by t~ O~r~ hereinafter c~l~ t~
NOW '~F~E, T~ coNDITION 0F THIS ~IlGATION is such thai if the
1. Faithfully perfor~ t~ contract at 1~ 1lines ~ in the m~r prescrib~ in
the contr~t; e~
"2";'~ 'P: ~"makes' P~ents 'f0-~i1" pars;ns, including claimants os defined in
S~tion ~5.05(J}~ 'Florida Stotutes~ s~piying l~or~' m~eriat~-a~-~uip~nt used
Subcontroctom in l~"pr~ution wort( conifer; ~.
indemnifies
o~er,: l~s~ domog~ e~e~es~ c~ts a~ ~ttorne~s
f~s; including ~ppe.llole pro~edings, which t~ O~er suffers 'by reason of failure to do
so and fully reimburs~ ~nd r~ays the O~er ~il outlay and e~e~e which the O~er.
m~ in~r in making g~ any su~ defect~
Jrnished under the contract
for the' time spec)Red in the'Conifer, t~n this obligation shall be null and voidl
ot~rwlse it shall remain in full farce and eff~t.
"And: provided;: ·that ' ~ '
'OnY"oi"~e~o't~S"which m~ be mode in the terms of the
Contr~t or in the ~rk to be done under it, or the-giving by the O~er o~ 'any extension
of time for the performance of the Controct~ or any other forebe~r0nce on the pert of
either the O~er or the Principal to the other shall not in the Principal
and Surety or Sureties any of t~m~
or Sureties, of any
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SIGNED AND sealed this
presence of:
A'fTES T:
day of
AS TO PRINCIPAL:
~ in the
TITLE:
ATTEST:
BY:
TITLE:
AS TO SL, RETY:
TITLE:
BY:
TITLE:
~F~ IQ,ED BY:
Resident A~ent
STREET AE:C:P, ESS:
'~I~TE: Past Office address of resident agent is no~t acceptable.
This E~ond shall be 'accompanied with Attorney-in-Fact,s and
Agent's authority from Surety. -.
RECORD VERIFIF_.~'~
JEFFREY K BARTON
.,~.~ CODE I~.NFORC~.MENT ~)OA3~D ~RK CIRCUIT COURT
... CZT~ O~ $~T[~ INDIAN RIVER CO., FLA
CO~INTN0. 93 7709
"'"
titioner,
E.W. Tavlor & John Pfennznoer Jr.
Respondents.
FINDINGS OF FACT,
CONC~SIONS OF ~W. ~ O~ER
' ' THIS CAUSE c~e on for p~lic hearing before the Code
Enforcement Board of the City of Sebasti~, on June ~.6' ~993, after
due' nOtice to the Respondent and based on the evidence presented,
the Code Enforcement Board makes the following:
FINDINGS OTJ~
·hat the. z~s~ondents a~e the. o~e~s cE the ~es[ae~e loeate~ at
1053 LOuisiana Av~n~e; Sebastian, Florida. ~arcel ~06-31m39-00000.
5ooo-oooo ;,o arei a v[oia~io~ ~ th~foll~w~na: ~unk ~icku~ truck.,
j~nk machine~. ~unk boats and other m~ellaneous items;~ over five
boats or boat hulls o~ DroDertv~ i~4~res or end~noers ~he comfort.
to-the Senses j in any w~ renders Other De~ons~nsecureim 1ifc 0r
t~ use of ~oDertF. essentially in2erferes with comfortable
en4~ent of lzfe and property, or %e~ds to deDreciat® ~he value of
the ~ro~ertYj of[[°the~s~iacC~Ulat~ons of t~sh. i~tte~, de~ris.
qarbaae~ bo~t~es, =a~er, cans, raas, dead[ or decayed ~[~h.j[fOWl]
~ea~ Or other animal matter, fr~t~ ~eaetables,-offal, bricks,
an~ nature~ an~ co~[t[Oa which ~rovide~ harb°raae for rats' mice,
snakes and other ve~in, Froth of weeds, arass, u2derarowth or
other vegetation upon improved real property, to ~heiaht of ten
inq,hes or more.
cD
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
:CON.~LUSIONS OF 'LAW
That Secti°,!i86~4'7 (J""'~' Deposi%~). Section 20A-5.16:.(.C3¢12)
(Parkina & Storaae of Recreational Vehicle. s.L Section 66-
1(1)(2)(3)(5)(6) (Nuisances) .and SectigD 66-3(1)(21&~11A
CNuisances) ha~e~een violated.
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of'Law~ i~ iS"hereby'ordered as follows:
Respondent shall have 15 calendar days fromthe date of this
hearin~.to bring the property into comDliance~
Upon failure o.f the Re..s. pondentto complT_ with th~s Order~ o~
or before the~ ...... .2. da? o~f Jul_Y. 1993. the Co~e._Enforc~ment Board
m~v 'leFy""a'~fin.e °f~UP to .... $100.00 for every daf .the violation
~ con'tinue.s past the ..date set for..comDliaace ....... It._ shall be the
If Respondent does not comply on or before the date set for
)liance an Order imposing a fine m~..be recorded in the
OfficiaI RecOrds 6f .an River County, and once recorded, SHALL
CONSTITUTE A. LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
'~-'- if--ResnOndent'~auses".a~reo~urrence of the'~'V~01~ation~ this
.... =econ' in the
~of
to the maximum amount of
$500.00 per day for' 'each day the violation continues beyond the
The foregoing Order was moved for adoption by the Code Board
member Wayne Tozzolo. The motion was seconded by Code Board
member Louis ~icoli~i and, upon being put to a vote, the vote was
as follows:
Chairman Damien Gilliams
Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member Wayne Tozzolo
Board Member George Metcalf
Absent
Yes
Yes
yes
Yes
The Chairman thereupon declared this order duly passed and
adopted this 16 day of June,1993.
DONE AND ORDERED in Sebastian, Indian River County, Florida,
this ~~ day of ~~ , ~9 ?3.
~ CITY OF SEBASTIAN, FLORIDA
~AIRMAN, Code Enforcement Board
~NUNC PRO TUNC
ATTEST:
ClerkJ~Code Enforcement Board
CITY OF ~EBA~--~, FLO~DA
Petitioner,
RECORD
;.~. Taylor ~ ~ohn Pfefln~n~er, Oz. J~K B~
.......... ~K ~lT
Res~ndent. tNDI~ RIVER ~.. FL~
COU~ OF Z~I~ R~)
BEFO~
~, the unde~s~ed au~ority, ~rsonally ap~ared
· ob~.~,~ S. ~!Fholson ........ , C~e Enforc~nt Officer for the
~ho, after ~lng dul~ ~o~. de.sea and says:
City
Se~tian,
1. ~at on the 16 day of June , 19 93 ,
the Board held a publ~ hearing and [~ued ~ts Order in the
above-styled matter.
2. ~at, ~rsuant to said Order, Res~ndent was to have
taken certain corrective aotion by or before the ~ day of
~ ~uly ....... , 19. 93 .
3. ~at a reihs~ction revealed that the corrective action
ordered by the Board has not ~en taken In that ~B~k deposits, over
five boat~ or boat hulls on property, debris and vegetation exceeds
10 ~nche~ ~n height ~till ex~ o~ ~rope~ty.
DATED this . 1~ day,of auly .~9 9,.
SWO~ to and s~scr~d ~fore ~ this 14 day o~
. ~ul~ , 19 93 .
.
~ n p :
,'
.Citp of Sebastian
I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FOR THE CITY OF SEBASTIAN PUBLIC
WORKS DEPARTMENT.
Approved For Submittal By:
)
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)
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)
)
)
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 06/03/94'~"
For Agenda Of: 06/08/94
Exhibits: Land clearing application
and survey.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of
May 22, 1991, the City of Sebastian Building Department requires a tree
removal permit to be obtained prior to removal of trees.
The applicant, the City of Sebastian Public Works Department is requesting
removal of one 22" specimen pine tree, located at the Barber Street Sports
Complex South, Sebastian Highlands Unit 10. The tree is located where
drainage improvements for the football field is to be placed.
RECOMMENDED ACTION
Move to approve the removal of the specimen tree located .at the Barber
Street Sports Complex South..
P~ONE =
SUB-CONT~CTOR:
ADDRESS: ' ZIp:
"~:'~::~'"'.~ ~ .... tAat al/ work will'be
~ ~?:: , .: ...... . :, . ::.-~: .- , -.,,. -~ ~ '- , .'
' Signature
e~h tree. All specimen trees (20 inoh diameter or
more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to.the removal of the specimen trees.
:-'. ~-: ....... ~'~ ,~,','~ ~- .... · ," ::.: '"'7
..-et'above.
SITE INSPECTION BY :;::.'
APPROVED FOR PERMIT:' ~ES:____~=~__ NO: Z-----/ '
MUST OBTAIN CITY COUNCIL"'APPROVAL: YES: NO:
- ..
.)
Cr'rF)
P~opoo~ ~p~t o 37,400
Total Drainage ~ea . e 1~3,200 lq.Ft.
Iq.Ft. t &,OO AC. {100%)
Iq.Ft.
sq.F~.
s (21.3%)
· (70.9%)
* 14,433 Cubic Feet
Retention Provided .
15,9S0 Cubic Feet
+
Re¢oveF)' OYez 72 HO~[$ s
'(q.9 x $0
Sq.ft./Ft.
~ 32,660 C~biC 'feet
Pzo~Ct
(K - Rig: Pert. ?eec ~o~ Ad~ecent SJR~I~ 142-053~0332#G/
Trice Along &tlm~toe TeE~&CO
ir" '' Treee &long T~l~p Drive
~,. Treee &long ralrfie~d Lane
Treee inquired for Interior
L&ndoceP~0
Trill Provided
- 300' (3 Tree/SO') - 6, Tzeee
130' (2 Tree/SO*) - 3 TEemS
· 910 iq. Ft.
J~0 Iq.~t, (! Trnm/SO iq.Ft.)
- 209~0~4 Sq.ft.(1Trne/3SO0aq,Ft.
· &O Trees
· 03 TrOll
· 55 Treel (Credit from existing)
APR 2 6 ~
SHEET .-
~"1':'
I o~2='.
...... City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 m FAX (407) 589-5570
AGENrDA FORM
SUBJECT:
Use of Community Center-Wedding
and Reception-Barbara Wright
)
)
)
)
)
)
)
)
Agenda No.
Dept. Origin
Date Submitted 05/31/94
For Agenda of 06/08/94
Exhibits:
Application
EXPENDITURE AMOUNT
REQUIRED: BUDGETED:
· - APPROPRIATION
REQUIRED-.
~ STATEIV[g. ~T
The City of Sebastian has received a request from Barbara Wright
for use of the Community Center on June 18, 1994, to hold a
wedding and reception between the hours of 4:00 P.M. and
10:00 P.M.
She is requesting use of alcohol at this event.
_ .RECOMMEN~DED ACTION
Review the above request and act accordingly.
· .:: ,~.. ;:- "! ;',~:,~,, .~ ,.~ ~,' . ~,.~v~.;, ?..~.
the of
a~ount on
in th
'(date)
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: RECOMMENDATION OF
PLANNING AND ZONING COMMISSION
FIRST ALTERNATE POSITION.
Approved For Submittal By:
CityManager ~-~
)
) Dept. Origin: Community Development
) (BC~
) Date Submitted: 5/20/94'
)
) For Agenda Of: 6/08/94
)
) Exhibits: Application for Joseph
) Schulke.
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUmmARY STATEMENT
At their regular meeting of May 5, 1994, the Planning and Zoning
Commission nominated Joseph Schulke to fulfill the unexpired term of first
alternate.
Furthermore, a motion was made and carried to recommend to City Council
that Joseph William Schulke be appointed as first alternate.
RECOMMENDED ACTION
Move to appoint Joseph Schulke to fulfill the unexpired term of Herbert
Munsart as first alternate, term to expire 11/95.
~. NAME=
2. HOME ADDRESS
i 3. HOME TF-LEPHONE
5.
6.
7.
8.
BUSINESS:
BUSINESS ADDRESS
BUSINESS TELEPHONE: ~.%1
s0ciAL $ .CURZTY z tmm R:
~S~ 0F EDU~TION
i 11. Are ~ou a 'res£dent of ~he City?
12. Leng~ch of Residency
(use ,addi~ional sheets if neoessa=~ or submit resume if .available)
10. Vo~er reg£strat£on no. ~/~
.... Yes~_ No
I 15. DO yOU hold a public office? Yes~ No_~
14. Do you serve on a City Board at present? Yes v/ No
PLEASE CHECK TH~ BOARD(S) YOU ARE ZNTER£STED IN SERVING ON:
(Please n~mber in order of preference with first choice
being "1 ' )
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE --
*CODE ENFORCEMENT BOARD --
*CONSTRUCTION BOARD -----
*PLANNING AND ZONING . ~
HANDICAPPED COMMITTEE
What: qualifications do:' y0u' have to serve on this board?
15.
17.
What reasons do you have for wishing to se~e on an'advisory
board?
information which I have provided in this application.
understand tha~ an~ m/s=ep=esentstion or omission of information ·
suspena o= remo~ ~m office ~Y' ~icipal bo~d mem~r
malfeas~oe~.~ ~S~eas~,. neglected du~, habi~al d~e~ess,
"~es%ed ~or
",",' ~:" *',~'!.': ' ~ .~' ~ 7'--' ~' ::'-. ~;:-',,.'.~' ~-~,,,.~;'-;,. .l~.,' ',' ?:,,: ..'
Subscribed and sworn_~o before' me this:'
_ as idsn-%-f~fcation, i
~" '~!" I
\ws'- forms application
)ed )
POLICE
~ 14, 1993
~ EaU=Tn M. O'Halloran, City Clerk
Florida ~iv~ ~ce~e. '
City of Sebastian
1225 MAIN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: RECOMMENDATION OF
PLANNING AND ZONING COMMISSION
2ND ALTERNATE POSITION.
Approved For Submittal By:
City Manager ~~
) Agenda Number: ~'/~ ~
)
) Dept. Origin: Community Development ~/~/
) Date Submitted: 5/20/94'
)
) For Agenda Of: 6/08/94
)
) Exhibits: Application for Jean
) Brantmeyer.
)
EXPENDITURE
REQUIRED:
AMOUNT APPROPRIATION
BUDGETED: REQUIRED:
SUMMARY STATEMENT
Should the City Council accept Joseph Schulke into the first alternate
position, the Planning and Zoning Commission would like to have Jean
Brantmeyer to fulfill the unexpired term of second alternate.
Furthermore, a motion was made and carried to recommend to City Council
that Jean H. Brantmeyer be appointed as 2nd alternate.
RECOMMENDED ACTION
Move to appoint Jean H. Brantmeyer to fulfill the unexpired term of
Joseph Schulke as 2nd alternate, term to expire 1/96.
/~'" RECE'~VED '~',~,,
N~:
, .... _ __~ ....,
(use addi~tonal sheets if necessa~ or submit rosco if available)
14. Do you se~e on a C&~ Board at present* Yes No
15.PL~SE C~CK T~ BO~(S) YOU ~E I~ERESTED IN SERVING ON:
(Please n~ber in order of preference with first choice
being "1" )
*B0~ OF ~ST~
CEMETERY CO~iTTEE ....
*CODE ENFORCEME~ BOA~
*CONSTRUCTION BOARD
*PLYING ~ ZONING
~IC~PED CO~TTEE ~'"
16-~AWhat qualif~catioDs dg~ou h~ve
8. Have ou ever been convicted of an~ felony or any " I
misdemeanJ involving moral turpitude in this or any st_ate? ,
Y.s No ,/ I
19. Would you consider-serving on anoth_e.r Boar/d _o. ther than the
one(s) you sale=ted above? YeS ~____ NO ,. I
which this application is mace. ~-ur~ner, · n~r~uX ~_u~.~
requested in this apDlica=~on ~s caus~ =u~ ~~*- ~
r~oval. '
~sdemeanor related to the duties o~ nzs oz~o~ u~ w.~ *-
indicated or info~e~ agai~t for ~e oo~ssion of ~ felony or ~
~sdeme~or-
active warrant check on me. . ~
mo me or has produced ~ ~ ~f~MB~-~I~.. as iden -
(SEAL)
Nota~y'"Public,- Stat~ of ~lorida
ame O~ Notary (Printed or T~-ped)
Commission No.
\ws-form\application
.... Cit.'of sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
M E M O
TO:
FROM:
SUBJECT
Earle Petty, Chief of Police
Kathryn'M. O'Halloran, City Clerk
Investigation - Board Application
Jean H. Brantmeyer
DATE: April 26, 1994
Attached please find board application of Jean H."'Brantmeyer
for investigation, in accordance with Resolution No. R-91-38,
to serve on a City Board.
/js
Enclosure
*',~"~ ,C" * '~; ~*~ '
:,:*.:": ....... ~.. U :
DAlE : APRIL 28, 1994
10 ':"': ~~',:' o"~a~o~, c~
F~ : In~stl~tor ~oc:~, ......
.... ~: ~[~arrant ~' ~llcant. ~ ~. sm~s~s~---
?t~;:,~, '~TT .... .:.~ .,c .... ',' .......... ,,.~-..~, -:, . .... ., ........ , : _ .. ~-.. · .......
.... ""~'c~'*'T~F'm~t~/~frm~ 'for t~ a~ve refer~ed amltcant~ard
' j', ~.. X,,~. ' ....~
(x) ~- .arrant mr .s~Ject Is m file.
. City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 m FAX (407) 589-5570
AGENDA FORM
S~ZZCT:
Handicapped Self-Evaluation
Committee Appointments
APPROVED FOR SUBMITTAL BY:
City Manager: ?.~~/
Age.da
I
Dept. Origin Personnel
Date Submitted 6/2/94
For Agenda Of 6/8/94
Exhibits: Foster and
Schum Applications
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
SUM'MARY STATEME~"r
With the resignation of Beatrice Thibault the regular member
position becomes available. Moving the current first alternate
to this position also leaves the first alternate position open.
RECOMMENDED ACTION
Move to appoint Phillip Foster, currently first alternate, to the
regular member position on the Handicapped Self Evaluation Committee
to fill the unexpired term vacated by Beatrice Thibault with term
to expire in June, 1995.
Move to appoint George Schum to the first alternate member position on
the Handicapped Self Evaluation Committee to fill the unexpired term
vacated by Phillip Foster with term to expire in August, 1996.
. ~Sm OF EDUCTION ~ ~PERIENCE: i41Gf ~!F~az- (~4;d~ff,
(use ad~tional sheets i~ necess~ or sub~t res~e if available)
Voter regis~ation ~o.. , ~'P ~ /~ ~ -'/
Are you a resident of the City?
Length of Residency
Do you hold a public office?
11. Yes NO
i~.
13. Yes No
14. Do you serve on a City Board at present? Yes / No
15. PLEASE CHECK THE BoARD(s) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1" )
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE --7--
16. What q c.a.~lons no you nave
17. What reasons do you have for wishing to serve on an advisory
board?
. · , ,. '"~ "..":::.:' ........ ... :-:;~;~ ...... ~:~.: '~.~%Y~-~, .. '_ ~L ~ ..
' '~~i" '_.-7~'"'~::':'''?' ~": '"'~' '.'.. :':;:'.:::; ,' :-?. "'-~ ~:~.::~.r~~ :'~'.'~':::' ,,.~ .... · · . .......
~ ..~.-~ .... ......'~..:'.%./ ~.": ?.~.~,:. · ~'- . ~:~:~:~~:~-. :-~;:~.. ....... ~ . :.. .
' . ..w~ch t~s applica%ion'is made.': F~%~'r, I here~ authorize
' Ci~ o~ Sebastt~ to investigate the t~thfulness of all '
info~ation w~=h I have provi~ in..t~s application.
' ~erst~ '~hat' ~Y ~sregresentation or omission of info~ation
recessed ~n t~s agDlioation~ is cause ~or ~s~eli~ica~lon or
:~:. "~nc~pecen~::or.,.Pe~nt ~b~E~.:'eo"r~r~o~...~s official
~ ' duties."- Fu~e~"'I ~derst~d tha~ the Ci~ 'Council may suspend
~ ~ ..~y mu~cipal ~ard member.~.who..~s'i~ested, for a ..felon~ or for a
~ misdemeano~ rela~ed to off~ Or who ts
~ ~ .,n~cated of..~':felon~ or
_ Signature_~
cr h=c ~r~_~_u~fl'
."tS ~persona114 known
Illll IIIII
Post Office Box ?1~,
$®bsstlBn, FL
IIII II I
D~IE
: MAY 24,1994
: KATHRYNM. O'HALLORAN, CITY CLERK
FI~ : Investloator., ~
StlLECT: ~ant/ttarrant Deck- PoOllCant
~ chea for ~nts/warrants for the at. ye referea:ed
i n~t~r reveal ttnt:
PHiLLIP R. FOST~.R'
( x ) No active want or warrant for .subject is on File.
aml tcant/board
( ) ~n active warrant or ~ant does exist and follow up will o~cur.
Investl~tor - '
$~astlan Police Deoartment
HAS A VALID DRIVERS. LICENSE
. BUSINESS ADDRESS: --------
(use addi~ional sheets if necessa~ or submi~ res~e if available)
Voter registration no. //~/~
Are you a resident of the Ci~? Yes/ No
10.
11.
12.
13.
14.
15.
Length of Residency
Do you hold a public office?
Yes No
Do you serve on a City Board at present? Yes No ~//
PLEASE'CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:.
.(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD
*PLANNING AND ZONING
HANDICAPPED COMMITTEE ~
16. What qualifications do you have to serve on this board?
17. What reasons do you hav~ ~for wishing to se~e on an adviso~
18. Have you ever been convic=ed of any felony or any
misdemeanor involving moral ~urpitude in this or an~ sta~e?
.. . .... Yes-,. ' .
19 .....Woul~ .~ou-consider s~rving On. another Board oth~r~an the
.... ': :'C-One(s) you selected above? . , '" i i~es- No
i hereb~ certify that I am qualified to hold the position for
which ~his application is made. Further, I hereby authorize the
City of Sebastian to investigate ~he truthfulness of all
information which I have provided in this application. I
understand that an~ misrepresentation or omission of information
requested in this application is cause for ~isqualificatiOn or
removal.
. !
...... I understand that the Ci%-f Council o'f the City of SEBASTIAN may
.. ., Suspend or .remove..from office '~n~ ~unip~pa~ board'" member ~or
malfeasance, misfeasance, neglected duty, habitual drunkenness,
incompetence, or.permanent inability to perform his official
duties.'. F .u~bher,. 'T underst..and th.at,t~ City"Counci~'ma~ Sus~en~-..'
· '" '"an~ municipal board member.who,=~ arrested .f~r :a ~elon~ or .for a ~' ~-
............ ~isdemeanor 'related' to the.duties of .his 'office orS,.~ho "is
indicated or informed against for.-, the commission o~' '~ny" felony or
~a~ure
_ .. ., .- . . . · ... ..... :.- ~ ..... ..'" . . .... . ~ .. >.~'....;..~ .... .
. subScribed'and sw°~ to bef°~, m':~is '7~ daY of ~
.~o '~e or has produced as iden~i~ica~ion.
(SEAL)
Name 'of Notary (Printed
Commission No.
': ": ::'"~' ,.~.~ .. i.--. '~'-,.
SEBASTIAN
POLICE
DEPARTMENT
Earle L P®lty. Chief of
Sebllllln. FL 32~7'6-01~
_N ~ H-o R A. _D _U _N
DATE
I 1~ : KATHE~M. O'HALLORAN. CITY CLERK
FRD4 : Investloa[or ~
I ~T: Want~arrant Check- Al~llcant
A check for wants/warrants for the above refererced
I member reveal that:
(x) No active want or warrant for .subject Is on file.
i
aPD1 tcant/board
) ~n active warrant or want does exist and follow up will occur.
Inve~tl~tor
Sebastian Police Deuartnent
HAS A VALID DRIVERS .LICENSE
· City of Sebastian
TELEPHONE 1407) S89-F~30 = ..]=AX 1407) 589-5570
AGENDA FORM
SOB,7.ECT:
Resolution No. R-94-32
7DOT Public Transportation
Joint ]Participation Agreement
- Agreement _
APPROVED FOR SUBMITTAL BY:
City Manager:
)
-)
)
)
Agenda No.
Dept. Or/gin
Date Submitted
For Agenda Of
Exhibits:
6/8/94
R-94-32
Agreement
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED: N/A ·
'"' APPROPRIATION
REQUIRED:
N/A
~STATF.,MF_,N'r
Resolution No. R-94-32 authorizing the Mayor and City Clerk t6
enter into a Public Transportation Joint Participation Agreement
between the State of Florida Department of Transportation and the
city of Sebastian to obtain,engineering for lighting and overlay
of Runway 4-22 at the Sebastian Municipal Airport is presented
for your approval.
RECO~ED ACTION
Move to adopt Resolution No. R-94-32 authorizing the Mayor and
City Clerk to execute the Public Transportation Joint
Participation Agreement.
~ESOLUTION NO.: R~94~32
A RESOLUTION OF 'T~ CITY OF SEBASTIAN, INDIAN ~
COUNTY, FLORIDA, A~THORIZING THE MAYOR .AND .CITM CLERK TO
~NTER INTO A JOINT PATTI CIPATI ON AGREEMENT FOR
ENGINEERING FOR LIGHTING AND OVERLA~ OF RUNWAY 4-22, IN
THE AMOUNT OF $53,100.00, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION~ PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING A
SEVERABILITY CLAUSE~ AND PROVIDING FOR AN EFFECTIVF. DATE.
WHEP~B, ~he City of Sebastian City Council desires to enter
into a Joint Participant Agreement. .. ...... wi~h ~he. Florida. ~Department of ·B
to i eer ng for l ,ht g °verlay of
Runway 4-22 at ~he Sebastian Municipal Airport; and
WHE~E~S, entering into this Agreement. will resul~; in the City
receiving up ~o $53,100.00 in ~t funds for ~e purpose of ~
project_from the Florida De~ent of Transpor~ati .on'~;
ow, azso .vz
Section 1. The Mayor and City Clerk are hereby authorized
to enter into the State of~Fl°rida. DePartmen.,,..t.~.of. T~&nsportation
Public Transportation Joint Participation .Agreement_. on behalf of
the City of Sebastian. (A copy Of said Agreement being attached
hereto as Exhibit "A").
~ CONFLICT. Ail resolutions
resolutions in conflict herewith are hereby. '
parts
of
competent ~ part of
this" Resol· "' ~ ' ~ti°n'~ .... '"~-' ~"~ "' 'i~":': ' ~' inv~'i~ '~0~'"?' ~ ' :~"" ~ ~'~ :" "' '" r , th~ ~ ~e~mainder~' '~'~'"~ ~'' .... ' of
the Resolution shall not be affected and it shall be pressed
~he City Council of T. he City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assume~ T~at ~he City Council ~ould have enacted ~he remainder of
~his Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
~ EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member . The motion was seconded by
· Council Member and, upon being put to a
vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma ff. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Flrtlon, Mayor
Kathryn M. 0'Halloran, CMC/AAE
City Clerk
(SEAL)
2
!
.HEREBY CERTI.FY that notice of public hearing .on ~his
Resolution was .publmshed in the Wero Beach'Press Journal as
quired by Section 20A-2. 6 D.~ of ~e Land Development Code of ;cAe J
Sebastian, F~or~da, that one public hearincj was he~d on
this Resolution at 7:00 p.~. on the Sth day of June, 1994, and that
Xo. llowing said public hearing this Resolution was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
~onn 80~-07
£ebn~ry 7992
WP] No:, , ~82536.9
,Faunal:__ 010 SAMAS Approl~: 088R00
Function:. 6'¥7. SAM.AS Ol~j.: 790050 .... ~
Federal No: N/A Ore, Code:~042010428
Conlracl No. Vendor No.:~-596000427001
STA7'E Of i'LORIDA DEPARTMENT Of 'FI?.ANSPORTATION
I>LIBLIC TRA.NSPORTA'FIOIV ]OIb, rI' i~AiCiTCiPATiOiV A GRE£^,iEi~rT
THIS A GREEdCI£tirT. made ~and Chh,red mtn lt.s __~day of 79 ~
by and between the STATE OF FLORIDA D£PARTMENT OF TIL4NSPORTATION, an agency of lhe Slate
Florida. hereinafter called the Dqmr~ment. and t. be C£rj. of Sebastian.. ~t~/~ ~l~.2.g-/-' ~
herci,,4fer =lied ~he ;~gencF.
WIT'NESS £TH.
WH£REAS, the Agency has the authority 1o enter rolo smd A~reeme. t and to undertake the project ~reinaft~
de. qcribed, and 'the D~arhnent Ires been granted the mtlhority to function adequately m all are~ Of appropriale
juffsdiction including [~e implementation of an tnle~rah,d and balanced Iransportation system and is authorized
'
I0 rnle~ inlo this
NOW, THEREFORE. in consideration of the mutual covenants, promises amy r~resenlation~ herein, the
parti~ agree ~ fo#mos:
l.O0 Purpose of Agreement: The lmr~,oseofthts Agreement t's Engineering for Plans and.
Specifications for Lighting and Overlay for runway 4/22.
andas further described in Exhibit(s) A, B..a & C att,~chcd her.:to and I,:: :h;'...
.reference made a part hereof, hereinafter called the l.'o/ect, am~ lo prot,ith' DtTmrlmt.n!ai !'m,;*,~.cJat a.ss:'s:anc: i,, L.>'
· Agency and state the terms and conditions upon which such a.q.qi$l,.tnc~, will b,' !.'o:;Lh'd ,},:.:' ti:,- und,'rs;t:m'iin.[' · ,
1o the ~nn~ in which the project will be u.dertakgn and t'O~Jl~h,h,d
Fel,ma~ 7992
2.00 Acconzl~lishmcnt 'of ~h= Project:
2.70 General ~Requirements: The A~ency shall commence, and complele the
Exhibit 'A* with all practical dispatch, in a ~und, economical, and efficient mnnner, and in accordance with the
provisions herein, and all applicahle
2.20 Pursuanl Io .Federal, Slate, nnd Local Luw: tn lire event thai nn~ e]eclion, referendum, approunl,
penntl, notice, or other proceeding or nuthori~tion ts requt~ite under nlqdicnbh' law lo enable the Agenc~ lo enler
inlo thi~ Agreem~t or to unflertake lhe proffer he.under, or lO ol~e~e, ~55umc or carr~ OUt nn~ of the provisions
of the Agre~nent, the Agency ~,ill initiate~aml consummate, as providnl b~ law. all actions neces~ wilh re~ect
.... ,, to any such matle~ ~. requisite. ·. ~ '
2.30 Funds of the Agent: The Agenc~ ~ll initiate and pro.~cute 1o completion all proceeding~
nece~ including f~eral aid requirement~ lo ennblc t~ Agenc~ lo provide thc neces~ funds for completion of
the~ pro}act.
"2.40'Submisslon .of Proceedings, Contracts am/ Other Documents: The Agenc~ s~ll submit to the
D~art~nent such dat~, r~orl$, records, conlracls and otht'r doonnent5 relatin~ to the pro/ecl ns the DomrDnent
ma~ require.~ list.,in
...... :. ':~).). :~ "~.:..., :"...,:.-:..: '..::.? .... . ..:.,
3.00 Project ~osE The Iota/estimated cost of t!te project i~ ~ 59,000.00 .. This
atnount ~s ~ed upan..the,.~ln~te ~,m~rtzed m txhtbtl B ~nd~y thcs reference made a lmrt h~eof The
'r~ ~o '~: sm ;m excess pf th.C ~Otal tst?~ted cos{.of"t~ ,prolect ~an~:;a'ny d~ctts in~lv~.
4.00 Department Participation: Thc Dt~arlment agrees to' tr~xt'mttm participation, including
contingencie& in lhe project in the amount of ~ 53. ~00. O0 ~ detailed in Exhibit "B"
,.: or in an ~mounI equal to the p~centage(5) of total project cost shown m Exhibit "B", which~er i5 le~5.
' ":'":" 4.70 Project' C3st Eiigibili,ty: Project costs eligible for State lmrticil,ation will be allowed only~om the
date of tNs Agreement. it ~ understood 1~1 Slate lmrlicipation in eligible project costs is subject to:
a) ~lative a~roval of the D~tartmenl'5 alTsroprintion request in the tt,ork program y~r
the project ~ schedul~ to be committed;
b) The understanding t~t disbursement of ~tnd5 will be made m accordance with the balanced thirty-
six (36) month msh fore. st;
c) Availability of funds as stated in pnragrnph 17.00 of this Agreement;
d) Approval o/all plans, ~ecifications. contracts or other ohhgattng documents and all oth~ t~ns
. of this Agre~t; ........
e) D~artment appro~l of the proiect scope and budget (Exhibits A G B) at the time atq~rop~tion
' authofft ~ available
,,, ~artm~t
prole~l Coats.. tt ~} to nn amount equal lO its total s~re of
'2~- .. ,.; , .. :;~ ~ ,.- .,.c ........ '~.
' inithll~./pay 700%':'."~f lh~' tOt~l:~ nbabl{
participation as.shown in :Imragraph 4.00.
5.00 Retalnage: Retainage Oi~ (is notl al~plic'nble." if apldicnble. NIA percent of lire
Department's totad share of participation as shown m In~ragraph 4.00 is to be held in retaina.qc to be di.nburscd, ,-:t
the Departmenl'~ 'discreffon. on or before the comidetion of the fim, i protect mtdit
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Form $07-01
Febn~ary 1992
6.00 ,Project Budgct and Disburscmcnt $chcdulc:
6.70 T~e Project Budget: .- Prior 1o the ezetution .of this Agreement, ~ project lindner, shall be pretmre~
by the Agency and approved by tl~ Dqmrtment. The Agency s~ll t~intain ~id budget, car~ out the project and
shall incur obligations against and make disbursements of project fitn~s only in conformity v,th the later approved
budget for the project. The budget may be r~tsed peri~ically, and if r~ised, a copy of Otc revision should be
fon~mrded 1o the Comptroller. No budget increase or decrease slmH be effecttta, units ~t compli~ with fund
particilmtion requirements established in Imragraph 4.00 of lhi5 A,~rct'lttenl attd is ttltln'OVpd Itl/ the
Comptroll~.
6.20 Schedule .of Disbursements: The Agency shall providt, Iht' DtTmrlmcnt It,rib ,~ t,nt'-plm.~.d schedule
of the Department funds to be e.~Ttended on lite project. This $chedule. slmll show ~:~tmuued ,hsbursements for the
entire ierm of the.project by quarter of fiscal year. The scPu?dttle may bt, divided by l,roh'ct pha~e where .~uch division
is determined to be appropriate by the Department. Any significant deviation from the approtn'd schedule in Exhibit
"B" requires submission of a stqqdemtmtal schedule by the Agency.
7.00 Accounting Records:
7. I0 Establishment and Maintenance of Accounting Records: Thc AA, c,cy Sit,ti/ establish for the
project, in conformity with uniform requirementS that may be egtablisht,d by D,'lmrtment program
guidedines/~trocedure$ and Generally Accq~ted Governmental Accounting Standards (CAGAS) to facilitate the
administration of the~'nancing program, separate accounts to be maintained within its existing accounting system
or establish indtT~endent accounts. Such accounts are referred to herein collectively as the "project account ". The
project accoun! shall bejtmde available upon request by the Department any time during tho t,.r~od of the Agreement
and for five years after.final payment is made
7.20 Funds Received Or Made Available for The Project: The Agency slml! al,proprmtely record in
the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance
Corporation, all payments received by tt from the Depart~nent pursuant to this Agreement and all other funds
provided for, accruing to, or otherwise received on account of the project, which Department lmyments and other
funds are herein collectively referred to as "project funds'. The Agency shall require deposnorie$ of project funds
to secure continuoi~ly and fully all project fitnds in excess of the mnounts insured under .federal plans, or under
State plans which have been approved for the dcT~osil of project ftmds by the Department, by the deposit or setting
aside of collateral of the type_s and in the manner as prescribed by State Law/or the security of public funcis, or as
approved by the Department.
7.30 Costs lncurred for the Project: The Agency shall charge to the project account all eligible costs
of the project. Costs in excess of the latest approved budget or attributable to actions which have-nol 'received the
required approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices,
contracts, or vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency witi~ respect lo any item
which is or will be chargeable agains! the project account will be drawn only in accordance with o properly signed
voucher then on file in the office of the Agency staling in proper detail the pttrpose lbr tt,!:~ct: such dht'ck or ord,'~
is drawn. All check_~, payrolls, invoices, contracts, vouchers, orders, or oIht,r ttCCOutilln.~ d::,'::":t'~;l.< l~ertainin,q ~n
whole or in part to lhe project shall be ch'arly ideal!fled, readily aco:~sibh', and. ~.~, d~c ,'x;cm · .:<~.b:.c ;.,'/:t s,~.~,:'.::t:'
and apart from all other such documents
7992
or des;taMe 1o keep 1o ~he minhnum Ihe costs .upon the btc~is of whid~ lhr finm~cm~ i$ Io be compuled: (2)
fu~h a slalemenl of lhe proje~l acliuili~ and ~onlracls, and olher underlaking~ the cosl of whi~ are
ol~noise includable ~ project cosls: and (3) retail io the DO~artmenl such porlion of lhe fin~n~in$ and
~n~ ~fl~nce p~menI pr~iousl~ recei~e~ ~ is determined b~ Ihe D~artmenl 1o be due un,er the
proo~ions of lhe Asreemenl. The lenninalion or sus~ension ~ll br r~rried oul in conformit~ ~ilh Ihe
lat~t schedule, plan, and bud~l m alq~rovcd b~ the Dqmrlmenl or upon Ibc basi.~ of lerms and condilion~
impose~ b~ the Dqmrtmenl ~q~on Ibc failure of the A~enc~ to fi~rntsh Ihe s~hedule, plan, and budget wdhin
a r~o~mble time. The alq~ro~l of a remittance by the Ag;racy or the closlnx out of federal finandal
part&ipntion in the proj~t s~ll not coast;;urea wai~r of any claim which thc Dq~artment may othemtdse
~ a~sing out of this .Agreetn~l.
9.~2 The Delmrtment reserves lhe right to unilaterally cancel this Agrerment for refusal by the
contractor or Agency to allozo public access to all documents, papers, letters, ar other matrrini subject to
the provisions of Chapter 779 Florida Stntute.5 and made or received in conjunction with this Agreement.
~0.00 Remission of Project Account Upon Co,,,pletio,~ of Project: Upon completion of the project,
and after pa. yment, provision for payment, or reimbursement of afl proiect costs payable from lite project account
is made, the Agency shall remit to iht' Department its share of any nnexpt,nth'd hnlnnce in lite l,'oject account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors tO permit, lite
Deparlment'~ authorized repregentative~ to inspect nil work, mn;er;als, payrolls, records: and to audit the book. s,
records and accounts pertaining lo the financing and detnqopment of the project.
12.00 Contr~,.cts of the Agency:
22.10 7~ird Party Agreements: £xctT~! as otherwise authorized in wriung by the Deparnnent, the
Agency shall not e, xecute any contract or obligate iiself in any manner requtring the disbursement of Department
joint participation funds, including consultant or construction conlracls or amendments tht:reto, with any third
party with respect to the project without the written ap. proval of the Department. Failure to obtain such approval
shall be sufficient cause for nonpayment by the Dqtnrnnent as provided in paragraph &23. The Department
specifically reserves unto itself the-rtght to revicatt the qualifications of any consultant or contractor and to approve
or disapprove the employ~nenl of the same.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by
the parties hereto that participation by the Depart;neat in a project with an Agency, where said project involves a
consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in
full with provisions of Section 287.055, Florida Statutes, Consnltants Competitive Negotiation Act. At the
discretion of the Department, the Agency will involve the Department in the Consultant SelectiOn P'roce. ss for all
projects. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplLched
in complh~nce with the Consultant's Competitive Negotiation Act.
12.30 Minority Business Enterprise (MBE) Policy and Obligation:
'12.31 MBE Policy: It is the policy of'the Department that minority business enterprises a~
de'fined in 49 CFR Part 23, as mnende, d, shall have the maximum opportunity to participate in thc
perfor~nance of contracts financext in whole or in part with Department funds under this Agreement Tkr
MBE requirements of 49 CFR Part 23, as amended, alq~ly to this Agreement.
12.32 MBE Obligation: The Agency attd its conlractot.~; a.,Irc,' to ens:n'.' :;:.:; ^4in,'m't:; J.;u~n:.' :.
Enterprises as defined in 49. C.F.R Part 23, as amendrd, l~:;v,' tt~,' m.:vm'~;m .'~!.:'.~,'-:c~:tt:~ :.: ?: :~':: ~:':;:. '~
Form $07-07
£el.'um'y ~ 9fl2
the performance of contracts and.this Agree~nenl. In II,is regard, all recipients, and contractors shall lal~.
· all necessa~' and reasonable SteT)S in accordance with ~9 C.F.R. Part 2.3, as am~'nded, to ttnsure that the
Minority Busings F-nterprist~ have Ihe ma~rimum opportunily to compele for and perform contracts.
Granlee$, recipients and Iheir contractors shall not discriminate on Ihe 1~5i$ of race, color, national origin
or sea' m the award and performance of Dt'partment assisled Contracts.
12.33 Disadvantased Buslncs~ Enterprise (DBE) Obligations: If Urban Mass Transportation
Administration or Federal 13~tn~my Administration Funding i5 a l~nrt of this pro/ecl, Iht, Agency must
complg with Subpart (E) of CFR 4~, P~rl 23, ns amended.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.~0 F_,qual Employment Opportunity: In Connection with the carrying out of any project, Itu, Agency
shall not d~scriminate against any employee or alqdicant for employment because of race, age. creed, color, sex or
national origin. The Agency will take affirmative action to ensure that apph'cants are employed, and that ~nployee~
are treated during employment, without regard to their race, age. creed, color, Se:r, or nah'onal or*gin. Such action
shall include, but no! be limited to. the following: Employment upgrading, demotion, or transfer: recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compen~tion: and .q'h'ction for training,
including apprenticeship. The Agency shall insert the foregoing provision mod~'ed only to show the particular
contracuml reLationshq~ in all its contracts in connection with the development of opera*mn of the project, except
Contracts for the standard commercial supplies or raw materials, and shall require all such contraclors to insert a
similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw matermls. When
the project revolves installation, construction, demolition, removal, site improvement, or similar work, the Agency
shall post, in conspicuo~ place~ available to employees at,ti applicants for employment for prol'eCl work. notices to
be provided by the Department setting forth the provisions of the 'nondiscrimination clause.
23.20 Title lq - Civil Rights Act of 7964: The Agency will comply with all It~, requirements imposed
by Title VI of the Civil Rights Act of ~964 (78 Statute 252). the Regulations of the £ederal Department of
Transportation issued thereunder, and the &~surance by the Agency pursuant thereto.
~3.30 'Prohibited Interests: Ne**'her the Agency nor any of its contractors or their subcontractors shall
enter into any contract, subcontract, or arrangement in connection with the project or any property included or
planned to be included in the project, in which any member, officer, or employee of the Agency or the locality during
his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member,
officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such inter,st,
and il'such interest is immediately disclosed to the Agency, the Agency with prior approval of the Delmrtment, may
waive the prohibition contained in this subsection: Provided, that any such present member, officer or onployee shall
not participate in any action by the Agency or' the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any prOperty included or
planned to be included in any project, and shall req,ire its contractors to insert in each of their subcontracts, the
following provision:
~No ~nember, officer, or employee of the Agency or of the locality during his tenure or/or two ye. aks
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereo~"
The provisions of this subsection shall not be apphcable to any agreement between the ..4;jt,n,'~! ami ;:s
depositories, or to'any agreement for utility services lite rale~ for which are fixed or con!:'t'~.!,'.~ i,!! .~
agency.
Form $01-01
£ebn~ary 7992
7.60 Audit J{cport$: Thc Agency shall provide to the Delmrttnent for each of its fi~l y~ for which
the project ~ccount ren~ins open, an audit r~ort pr~reg either by its official auditor or attdtt agency or an
independent certifie~ public accountant, reflecting the use of Ihe fitnds of the D~mrtment, the Agency, and those
from an~ other source with r~ect to thc pro]eot. Audits sMll be pe~ormed in accordance with genernll~ acc~ted
~o~menl auditing stan6ards contain~ in the Standards for ~udit o[ Go~rnmentnl Orqani~tions, Pro~am~
Activities and functio~ issue~ Iff the U 5. General Accounting Office and OMB Ctrctdnrrs A-~28 or A-~33
where npph'~ble. The Agency sl~ll require tis attditors to include in their r~ort a schedule o[ proiect assistance
as described tn Exhibit "A ". Sln'c'ial Considerations.
7.70 Insurance: The Agency shall carry properly ~nd casually insurance on prOIt,ct eqmpment and
facilities and provide Fo~denCe of.mt'ti insurance, fO~ the pro}ecl amount stated in lmrt~ntph 4.00 of this Agreement.
If this Agreement is for imrchase of land, the Department may waive' or modify this secuon u,ith an £xhibit "C"
8.00 Requisitions and Payments:
$.0~' Bills for fees or other compen~tion for services or exl,enses stmll be sul,~itted m ~etail
sufficient for ~ .proper preaudit and postaudit thereo~
." &02'~ B~315 for an~ travel e~enses shall be Submitted in accordanc$ W})h'~C~lUer 1~2.067
The D~mrtment ma~ establish rates lower t~n the maximum provided in Chapter 1~2.06~ Florida Statutes.
Oi'.for Work or se~ce&.j~erformed pursunnt to this agreement, the Department trmy.qffs~t ~u~h amount from
payments due Jor work or 5e~ices done un,er any public transportation joint Imrticiation agreement which it
with the Agency owing such amount ~, upon de~nd, payment of the amount is not mndr within sixty (60) days
to the D~mrtment
8.~ Offsetting any amoun~ Imrsuant ~o section 8.03 s~ll not be considered a breach of
contract by the D~artment.
8.;0 Preliminary Action by the Agency: In order ~o obtain any Department funds, the Agency shall:
8.1~ With respect to property acquired, file toith the Department of TransporZation,
District Four 3400 West Cownercial Blvd., Ft. Laud.~ Florida, 33309-3421
its requisition on a form or ,forms prescribed by the Detmrtment, and such olher data pertaining to the project
account (as defined in paragraph 7.,~ 0 hereof) and the project as 1he Department may reqmre, to just.?y a. nd support
the payment requisitions, including:
ff'~he requisition covers te acqu~s;ti of real property: '~' :'"' ;' ' .....
A. '"~ statement b~'the Ag~c~ cert~i~ t~t the A~ency ~ acquired sa~d
r~l property, and actual consideration paid for real
B. a statement by the Age~cy certifying tirol the npprm~l and acquisttion of thc
real pr~erty together with any attendant relocation of occupants
.... accomplished in compliance wilh nil fi'demi laws. rNh~ and l's?:t'dur~a requit~'d
d~y any federal oversight agency ami with all ~tat,' !~;:.-~ ,'u;,'~ ~md
that may alq~ly.I0 the Agency acquirin:c tis,' r,'a! l,r:'t "ti
Form 807-07
Felmm~ 7992
8.72 Comldy ~uit$~ all applicable pro~dsions of ~this A2ree,ne, t.
8.20 77~e Department's Oblisations: Subject Io other provisions hereof, the Delmrtment will honor such
requisitions in t, nounts and at limes deemed by thc Delmrtment to be proper to ensure the carrying out of the
project nnd payment of thc elt,~ible costs, Howc2~er, not~tn'lhslnnding any other provision of this Agreement, the
Department may elect by notice m writing not lo make a payment on the project aCCOltllt if:
8.27 Misrepresc.tation: 7'itt' Agency shall have ~nade .tisrq~re3enlntion ora material nature
its application, or any supplement therelo or atttt'ndltlenl Iht'real. or m or v~ith respect to any document
of data furnished Ihertn~.'lh or pursunnl here.to;
8.22 Litisation: There is then pending htt~ntton with respect to the performance by the
Agency .of any of its duties or obligations which tna~ jeopardize or adoersely affect the project, the
Agreetnent, or payments lo lhe project;
8.23 Al,proval hy Department: The A,~t'ncy shall have taken any action pertaining to the
project which, under this agreement, reqttire$ the approval of the Department or has .mde related
expenditure or recurred related obhgah'ons u~ilhout having been adz,ised by the Department that stone are
approved;
8.24 Conflict of Interests: There has been any uiolatton of the conflict of interest provisions
contained herein; or
8.25 .- Default: The Agency has been fleternuned In~ the DeTmrtment to be in default under
any of the provisions of the Agreement. '
8.26 Federal Participation (If Applicable): Ttte Departmtntt may suspend or terminate
the financial assistance of this grant if any federal agency providing federnl financial assistnnce for the project
determines that the purposes of the statute under which the project is authorized re,auld not be adequately ser'oed
by continuation of fexleral financia! assistance to the project,
8.30 Disallowed Costs: In determining the.atnount of the paytnent, the Department will exclude
all projects costs incurred by the Agency prior 1o the effective date of this Agreement, COSTS which are not provided
for in the late~t approved budget for the project, and costs attrilmtahle to goods or services received under a contract
or other arrangements which have hal been atq~roved in writing by the DtTmrtment.
9.00 Ter~nlnation or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally'
discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26
!nclush~e, or for any other reason, the commencement, prosecntion, or timely comldetion of the project by the Agency
ts rendered improbable, infeasible, impossible, or illegal, the DtTmrtment will. by written notice to the Agency,
suspend any or ali of its obligations under this Agreement until such time as the evenl or condition resulting in
such Suspension has ceased or been corrected, or the DrTmrtment may tertninate any or all of it5 obligations under
this Agreement.
9.11 Action Subsequent to Notice of Tennl,ation or S,spensio,~. lipon rec.~pt of anyfinai
termination or suspension notice under lids paragraph, Ihe AgenCy $1uTll i~rocet,d ]~romplly lo carry out thc
aclions required therein which may include any or ali ~/- the falhmffn.?: (]) nccess~2~; t~;'t{otI to Icrmin,';h
Form $07-07
Febr~ 7992
73.40 Interest of tVlcmbcrs of, or Dcicgatc$'1o, 'Congress: No mcmhcr or dch',~alc to the Con~res$ of
thc United Stales shall be admitted to .any share or 1tort o/Ibc Agreement or 4:ny benefit arista2 therefrom,
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: All Prol)o~ls, Plans. and $1,.crficatums fro. the acquisition,
const~ction, reconstruction, improvement of facilities or equil)meal, shall be presented to thc Dqmrtment for r~i~v_
rendering such r~iew, the D~mrlment shall determine whether such jhcihly o~ cquumu'nt ~s des~ne~ and
equg~ped 1o 7~r~enl and control environmental pollution.
24.20 Department Not Obligated '~o Third P.~rties: The Dqmrtment ~hall not be ohhgated or h'able
hereunder 1o any party other than the Agency.
74.30 W%en Rights and Remedies Not Waived: .ltl nO event shall thc makm.~ by ttw Department of
any payment to the Agency constitute or be construed as a waiver by the Department of aily breach of covenant or
any default which may then exist, on the part of the Agency. and the makin,~ of such paym,'nt try the Department
while any such breach or default shall e~ist shall in no way impmr or preju!hce an.!! r~.~ht vi rcm,'dy mmilable to the
Department with re~ect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Heht Invalid: Ii' any provision of this
Agree~nent is held invalid, the remainder of this Agreement shall not Ire affected In s,ch all re.trance the remaintter
would then continue Iv conform to the terms and requirev:ents of apph'calfle law
14.50 Bonus or Commission: By e:xecution of the A$~reement the Agency, rq~r~:~:'nts thai il ~S not paid
and, also, agrce5 not lo pay, any bonus or commission for the purpose of obtm'mn~ an apl,'o~l of its application
for the financing her~nfler.
14.60 State or Territorial Law: Nothing in the Agreement shall ri,quire the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravtmtion of any
applicable State law: Provided, that if any of the provisions of the Agreement violate any apphcable State law, the
Agency will at once notify the Department in writing in order that appropriate changes and modifications may be
made by the Department and the Agency to the end that the Agency re. ny proceed as soon a_q possible with the
project.
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that theproject
facilities and equipment will be used by the Agency to provide or support public transportation for the period of the
us~'ul life of such facilities and equipment as detennined in accordance with genen~l accounting principles and
approved by the Department. The Agency further agrees to maintain the project facilities and eq~it,~ent in good
working order for the usefid life of said facilities or equipment.
14.71 ProPerty Records: The Agency agrees to maintain property records, comtuct physt~,al
inventor,'es and develop control systems as re~quired by 49C£R Part ~ 8. when apph'calfle
14.80 D'isposal of Project Facilities or £quipment: tf the Agency disposes of any project facility or
equipment during its useful life for any purpose except ils reTdacement with like facility or equipment for public
transportation use, the Agency will comply with the retorts of 4gCFR Part ~$ relating to prcq~erty nmnagement
standards. The Agency agrees to remit to the Detmrtment a proportional amount q[ thc proceeds.[rom thc dispo~:~
of the facility or equipment. Said proportional amotmt $1mll be determined on
financing of the facility or equipment as provided in this A.x, rebmen!
Form 801-07
£ebma~ 7992
24.90 Contracluai ]ndemnily: 7'0 lhe extenl permitled by law, Ihe Agency shall indemnify, defend, save,
and hold harmhlss Iht Delmrlmenl and all its officers, agents or employer,/rom all suils, actions, claims, tle~nands,
liability o/any nalure whatsoever arising out of, bel:ause of, or due to breach of the Agreen~ent by lhe Agency or
its subcontractors, agents or employees or due Io any negligent acl, or occurrence o/omission or commission of
Agency, its subcontractors, agents or employees. Neilher the Agency nor any of its agents vdll be liable under this
section,[or damage, s arising oul of injury or damage .to persons or property directly caused or resulting from the sole
neghgenee of the Department or any of its officers, agents or employees_ The parties agree that this clause shall not
waive the benefits or ]~rovisions of Chapter ?65.25 Florida Statutes or any similar prowsion of Jaw.
15.00 Plans and Specifications: In the e'venl lhal this Agreemenl involves llu' purchasing of capital
equipment or the constructing and equqsping of facilities, Ihe Agency shall submit 1o the Department for atq~roval
all appropriate plans and sl~ec~'cations covering the pro/ecl. The Departmenl will revitn~ all ldans and specifications
and Will issue lo the Agency written approval wilh any opprove, d portions of the project and comments or
recommentlatiorts concerning any remainder of the project deemed apl~ropriate. After resolution of these comments
and recommendations to lhe Department's satisfaction, the Dqtartment will issue to the Agency. written approval
with said reJnainder of the project. Failure to obtain this written approval shall bt' sufficient cause for nonpayment
by ttie Department as provided m paragraph 8.23.
16.00 Age~,c.y Certification: The Agency ~ill certifid m wrii:'ng prior to project closeout that the project
was completed in accordance with applicable plans anti ~'pecifications, tS in place on the Agency facility, that adequate
title is in the Agency and that the project is accepted by Iht, Agency as suitabh, for the intended purpose.
17.00 Appropriation of Funds:
17.10 The Sta~e of £1orifla's perfortnance and obligation to pay ~tndt,r this Agreement is contingenl upon
an annual appropriation by the Legitdalure.
~/Z20 Multi-Year Com,nitment: In the event this A[~reement is m excess .of$25,000 and has a term for
a period of more than one year, Iht provisions of Chapter 339. ~35(7)(a), Florida Statute& art, hereby incorl~orated:
*(a) The Department, during any fiscal year, shall not expend money, incur any h'ability, or enter
into any contract which, by its terms involves Ibc expenditure of money in exce_~s o/the am'ovals
budgeted as available for expendilure during such fiscal year. A ny conlracl, verbal or written,
made in violation of 1his subsection shall be mdl and void, and no money shall be paid thereon.
The Departmenl shall require a slatement from the Comptroller of 1he Department lhat funds are
available prior to entering into any such contract or other binding commitment o/fi~nds. Nolhing
herein shall prevent the making of conlracts/or a period exceeding one year, but any contract so
made shall be executory only for the value of the services Io be rendered or agreed lo be ~aid'for
in succeeding/'~scal years, and ibis paragraph shall be incorl~orated verbatim in all Contracts o/the
Department wlu'ch are for an amount in excess of twenty-five thou.qand dollars and having a term
for a period of more than one year.'
18.00 Expiration of Agreement: The Agency agrees to Comph'te the project on or before
· December 31, 1995
If the Agency does not complete the project within this
time period, Ihis Agreement will expire unless an exlension of lhe time period is requested by lhe Agency and
granted in writing by the District Secretary, Districl I ¥ . Expiration of this Agret,ment will be considerc,g
ter~nination of the project and the procedttre established in paragra]~h 9.00 of thcs A,greem:'nt shall be initiatc, l.
$07-07
F elm~a ry ,7 992
~9.00 A~r~,'m,~nt For, n~t: All words used herein in tile singular form slmll t'xtend ~o and include tile
plural All words used in the ldural fonn shall extend to and include the singular. All words used in any £ender
s}u211 extend to and include all g~nders.
20.00 Ex,.cugion of A~ree,,cnt: This A~reement may bc simullaneough_/ executed in a minimum of two
counl~rts, e~ch of which so ~eCUlCd St~II be dr~med to b~ an on~,in~l, and such counteqmrts Io~eth~r st~ll
con$litul~ one in the ~mc inslrumenl.
2].00 Restrictions on Lobbying:
21.10 Federal: The Agency agrc~ that no fedeufl approl~riah'd funds h~w' been prod or will be lmid b~
or on he. If of ~ A~c~, lo oaf person for influencm~ or aUemptin~ to influence ~n~
red.al a~. a Monber of Con~rezs. .. officer or employee of Congress. or an employee of ~ Member of Congress
i~ connection with the a~rdin$ of any federal contract, the making of any fedrral gr~nt, the ~kin~ of any federal
I~n. the entering into of any ~ooperalioe fl~reemenl, m~d the extension, continuation, rent, mi. amendment or
modifi~tion of an~ pderal contract, gr~nt, loan or coopermive
If any funds other than federal atq~ropriated fimds have b,',.n im,d by thc A,~ency to any person for iniqu~ctn~ or
attempting to influence an o~c~ or onploy~ q any federal agency, ~ Memt~r of Congress. an o~cer or employee
of Congre~. or an ~emplo]ee °f'~'~Meihber of.Congress in connection ,~viO~ Ibis ]oi.t Particilmtioa A$~nent. the
undersi~ s~ll complete and submit Standard Form-LLL. *Disclosure FO~n lo R~ort ~b~i~$.' in aCCor~nce
with its i~tn, ctions.
at all tiers (including subcontract& $1tbgrflnt5. and contract~ under ~rants. Ionns and c~peralive ~greements) ~nd
t~t aH subrecipient5 s~ll certif~ and disclose nccordin,~l~
27.20 State: No fitnds received Imrsuant to this contract may be e:cpended for lobbying the ~$islature
or a state ~ge~cy. ' · · -,-. '. - ': -~ '
22.00 Vendo~ Rights: Vendors fin this document identified as Agency) providing goods and s~ces
to the D~artm~t should be aware of lhe following time fram~. Upon receipt, the D~artment ~s five (5) working
da~ to in,ecl and a~rove t~ goods and ~ices mfl~s the bid ~ec~cations, purcMse order or contract ~ecifi~
otM~ise. The D~artment ~ 20 days to deliver a request for payment (~ucher) to the D~artm~t of Banking
and Fiance, The 20 days are m~ured pom the lattor of thc date the in~ice is received or the goods or s~ices
arc rec~ved, inspected and a~roved.
Ifa payment ~ not a~ilabte within 40 aays after ~e~eqa of thc in,ice and receipt, in~ettion an~ a~r~ml of gooas
and s~ices, a s~arate interne penalty of 0.03333 percent per .day will be ~ue an~ ~.yable~ _in"addilion to thc
invoice amount to the Ag~, The interne penalty provision apph'es after a 35 day time ~ri~ t~ h~lth ~re
p~ ~ ~e~,.as ~ne~ bu rulers'; ini~l penalfi~ of le.~g .ll~n o~ne (~j. dollar will not be enfor~nl~.lhe Agency
re 'u ~gl Yia men l.."' 'lnvoi~ uihich ~'ve to be..~e'lurned, t~ an'~. g e~c'y bOcnU~e
in a delay in thepya ment. The invoice payment requirements, do not
provided to the D~artment. ..
A Vendor Ombuds~n ~s been established within the Department of B'ank)ng aha Finnn~.' "'The duti~ of tins
ad~le or Agencies who may be experiencing proble,~ in oblainin,q ' ' '
individu~ include acting ~5 an . ~, :. ...... . :.. ,
pa~nenlts) f~m lhe D~mrtmeni. The Vendor Ombudsman mall b~'. ~:onlat'tat al.
Forint 8111-.01
Fel~r~at'y 7 992
~o. 88ooo-
IN WFFNI~S.c~ wIq£R£O[', lilt'
AGENCY ~he City of Sebastian
DATE FUNDING APPRO VEl) B~' COMPTROLL£R
(SEE A?'FA CHED £NCUI~qBIL/tNCE FORM)
B Y:
TITLE:
A TI'£ST:
(S £A L)
APPROVED AS TO FOR_~4, LEGALITY
TITLE:
ATTORNEY
DEPARTMENT OF TRA,~;$PORTATION
DISTRICT SECRETAR)'
OR
DIRECTOR OF PLANNING AJVD I~ROGIG, La,IS
A T'FEST: :(S ~:A L)
EXECtITI VE S[.:CI~ Id'l-,.~ i,~ ~'
.F. XIt~IT
PROSECT DESCRI/)'HON AND RESPONSIBILITIES
This exhibit forms an integral part of that eenain Joint Participation Agreement between
the State of Florida, Department of Transportation and The Ci~ of Sebastian
dated
PROJECT LOCATiON:
Sebastian Municipal Airport
Indian River County
PROJECT DESCRIPTION:
Engineering for Plans and Specifications for Lighting and Overlay for Runway 4/22.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, WPI number and Job
number and the Federal Identification number, where applicable, and the amount of state funding
action (receipt and disbursement of funds) and any federal or local funding action and the
funding action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
%%rPI NO. 48253a9
JOB NO. 88000-
NO.
8 ooo-
(Continued)
The responsibilities of the Agency and he Department are listed below:
THE AGENCY AGREES TO tWhere ApD]icab]¢):
Obtain architectural .or engineering services in accordance with the Consultant's
Competitive Negotiation Act, and certify compliance. Obtain the Departments
participation where consultant has not been previously selected for proper items listed in
this exhibit. '
'2.
Select the consultant, contractor and/or subcontractor with the assistance of the
Department.
Submit plans and specifications for the project to the Department for acceptance,' in
accordance with the schedule in Exhibit 'C~.
Submit all contracts and changes to the Department for written concurrence.
Submit to the Department bid tabulations .or proposals for the work, equipment or land
purchases.
Furnish to the Department an updated cashflow projection semi-annually, on the 15th of
June, and December, until Department funds have been expended or the JPA has
expired.
7. Notify the Department of the pre-design and pre-construction conferences.
Notify the Department on when the final inspection will be so that a Department
representative can be present.
~TI-IE D.~PARTMENT AGREES TO (Where Applicable):
Participate in the Consultant Competitive Negotiation Act selection process with the
Agency and give approval/disapproval for the firm selected.
2. Review and offer comments/accept all plans and specifications for the project.
3. Approve or disapprove the contractor and/or subcontractor.
4. Issue a release for Notice to Proceed.
The Department will furnish a representative for the project's final inspection and will
determine if the project has been eomleted in accordance with the approved plans and ~---..
specifications.
EXHIBIT
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and The Ci_ty of Sebastian
dated
I. PROJECT COST: $59,000.00
Engineering, Plans, & Specifications
ii.
TOTAL PROJECT COST:
PARTICIPATION:
Maximum Federal Participation
UMTA, FAA, FRA
Agency Participation
in-Kind
Cash
Other
Maximum Department Participation,
Primary
(D) (DS) (DDR)(DIM)(DOC)(DWP)
Federal Reimbursable (DU)
Local Reimbursable (DL)
$59,000.00
(
( %)
( lo.o %)
( %)
( 90.0 %) or
( %) or
( %) or
%) or $ 0.00
$ 0.00
$ 5,900.00
$ o.00
$ 53,100.00
$ 0.00
$ 0.00
TOTAL PROJECT COST
$ 59,000.00
I
I
I
I
I
i
I
I
I
I
I
I
I
I
I
I
I
I
EXHIBIT
NO.
No.
This exhibit forms an integral part of that cer~n Joint Participation Agreement between
State of Florida, Department of Transportation and
The City of Sebas,tia~
Documents required to 'be submitted to the Department.by the Agency in accordance with
the terms ,of this Agreement.
$iJ'BMI'I~AL/CERTIFICA TION
Consultant Selection Compliance
Design Submittal **
90%
100%
Construction/Procurement Contracts
Safety Compliance
Release for Notice to Proceed
Annual Audit Reports
Completion per Specifications
BASIS FOR ACCEPTANCE
Agency Attorney's Certification
Department Comment
Department Letter
Dep~rtment Letter
(a) Department Review
Co) Agency Certification
Department letter
Agency Certification
Agency Certification
Plans, Specifications, Engineering Reports
One (1) set to be sent directly to Mr. Russ Tagliareni, Office of Aviation, M.S. 46,
Haydon Burns Building, 605 Suwannee Street, Tallahassee, FL 32399-0450. One (1)
set to be sent to Mr. Irwin L. Oster, P.E., FDOT, Assistant Manager Public
Transportation office, 3400 West Commercial Boulevard, Fort L~uderdale, FL 33309-
3421.
. ,City of.Sebastian
i.}'/' "J2.25 MAIN STREET u SEBASTIAN, FLORIDA~2958
"~"- TELEPHONE {407J 589-53~0 ~ ~FAX (407).589-5570
AGENDA FORM
SUBJECT=
Resolution No. R-94-33
City Council Fulfill
Board of Adjustment Duties
APPROVED F0R SUBMITTAL By:
City Manager:
) Agenda No.
Dept. Origin ,C~
~ L- ~ofor~
Date Subm/tted ~/2/94
For Agenda Of
E~ibits: R-94-33
EXPENDITURE AMOUNT
REQUIRED: ]~/A BUDGETED: N/A
A~PROPRIATION
P~EQUIRED: N/A
SUMMARY
Upon receiving information relative to lack of a quorem for the
current Board of Adjustment, the City Council, at its June 1,
1994 Workshop, authorized the City Attorney to draft a Resolution
authorizing the City Council to temporarily fulfill the
responsibilities of the Board of Adjustment.
Resolution No. R-94-33 is presented for your approval.
RECO .MU~ENDED AC~ON
Move to adopt Resolution No. R-94-33 authorizing the City
Council to temporarily fulfill the responsibilities of the
Board of Adjustment.
'P,E..qOL~0[',LNO.: '~,-94-33
A I~ESOL~TION 0F '~H~ CITY OF'SEBASTIAN, INDIAN
~SOL~IONS OR ~TS'OF ~SOL~IONS ~ C0~I~ ~;
PR0~D~G A S~IL~ C~USE~ ~ ~RO~DING FOR
EFF~~ DATE.
~, ~apt~ 20A, Se~ion 20A-11.2 of ~e
~velo~ent Code of ~e Ci~ of $~astian .crea~ a B~rd of
Adj~~ for ~e p~ose of he~g ~d deciding a~is~ative
appeals ~d ~o he~ .~d decide re~es~ for special ~cep~ion~ and
~, ~ection 20A-11.2 re~es ~e Board of Adjus~en~
consis~ of Eive (5) ~rs and two (2) alt~ate ~~s; and
~, Section 20A-11.2 of ~e ~ Development Code
re~ires a ~o~ ~o consis~ of fo~ (4) ~e~rs of ~e Board~ and
~~, ~e Board of Adjus~ent does not ~ren~ly have
sufficient seated ~h~s =o consti~u=e a ~o~ of ~e Board of
Adjustmen~; and
~~, ~e City Co~cil has ~ade diligent effo~s to appoin~
new ~ers ~o ~e Bo~d in order to Obtain a ~o~ for ~e Board
to condu~ business l and
~~, all of ~e City Co~cil's reasonable efforts have not
produced enough seated ~ers to constitute a ~o~ of ~e Board
Adju '
of s~ent. ."
NOW, ~EFORE~ BE IT RESOLED B~ ~E CITY O0~CIL OF THE CITY
0F BEB~TI~, I~I~ R~ CO~Y, FLORIDa,
~ The City Council of ~he City of Sebastian,
pursuant to ~he authority granted ~o ~he ~ity Council by ~he City
I ~, ~ha11 =emporarily act in ~he ~aPacity of ~he Board of
Aejust~ent.
DONATION. The City Council shall act as the
Board of Adjustment until such time as an ordinance is adopted
which amends or repeals 'Section 20A-11.2 of the City of Sebastian
i Land Development Co~e.
~ ~ORITT]LND~FLES OF ~ROCED~E. The City of
I Sebastian City Council, when .sit~tng as the Board of Adjustment,
shall act in all Tegards in accordance with the requirements of
i Section 20A-11.2 of the City of Sebastian Land Development Code.
The City Council shall have all authority as set forth in Section
20A-11.2 of the City of Sebastian Land Development Code and shall
act in accordance with the procedure set forth therein.
Section_..4. ~ All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5~ SETERABILITY. In ~he 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 said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
~ffec~ f~edia'cely upon ~£nal passage.
This Resolution shall ~:ake
The forego£ng Resolution ~as ~oved for adoption by Council
. The motion was seconded by
Council Member
and, upon being put to a
vote, the vote was as follows:
Mayor ArthurL. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor~hereupon declared this Resolution duly passed and
adopted this __ day of , 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Arthur L. Fir~ion, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Veto Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of the
City of Sebastian, Florida, that one public hearing was held on
this Resolution at 7:00 p.m. on the 8th day of June, 1994, and that
following said public hearing this Resolution was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
ries
Ian Nash, Cf~ Attorney
· City of SebaStian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TF.&EPHONE (40'/) 589-~.'.'~0 r~ F,~X (407) S89-5570
AGENDA FORM
SUB~ECT=
Resolution No. R-94-34
Tri-Party Project Grant
Sebastian Yacht Club Renovations
APPROVED FOR SUBMITTAL BY:
city Manager:
Agenaa No.
)
.) Dept. Origin CM
) Joel L. Koford
)
) Date Submitted 5/21/94
)
) For Agenda Of 6/8/94
)
) Exhibits: R-94-34
Agreement
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
~MMARY STATEMENT
Resolution No. R-94-34 authorizing the Mayor and City Clerk to
enter into the agreement between the State of Florida Department
of Environmental Protection (DEP), Indian River County (IRC) and
the City of Sebastian for an approved project under the Florida
Boating Improvement Program is presented for your approval. The
proposed agreement has been signed by the DEP Project Manager and
reviewed by our City Attorney.
The elements of the project are deck replacement, handrail,
benches, lighting and construction of a new wave attenuator and
extension of the north and south finger piers.
RECOMMENT)ED ACTION
Move to adopt Resolution No. R-94-34 authorizing the Mayor and
City Clerk to execute the agreement and forward to the Board of
County Commissioners of indian River County.
R~SOLUTION NO..' R-94-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRO~AL PROTECTION, AND INDIAN RIVER
COUNTY, PERTAINING TO' THE FLORIDA .BOAT" IMPROVEMENT
PROGRAM, TO PROVIDE $40,000.00 FOR SEBASTIAN YACHT CLUB
RENOVATIONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT ' HEREWITH; PROVIDING A
SEVERABILI~ CLAUSE; AND PROVIDING FOR AN EFFECTIVe. DATE.
NHEREAS, the City of Sebastian, Indian River County, Florida,
desires to enter into a tri-par~y agreement with the State of
Florida, Department of Environmental Protection, and Indian River
County, in .order 'to receive up to $40,000.00 in funding from the
Florida Boat Improvement Program for the purpose of renovations to
the Sebastian Yacht Club; and
WHEREA~, the City Council of the City of Sebastian has
determined that entering into this rtl-party agreement would be in
the best interest to the citizens of the City of Sebastian. ..
NOW, THEREFORE, BE IT RESOLFEDBYTHECITY COUNCIL OFT HE CITY
Section 1. The MaYor a~d city- clerk are authorized to
enter into a tri-party agreement between the State of Florida,
Department of Environmental Protection and Indian River County, for
the purpose.of receiving $40,000.00 from the State of Florida,
Department of EnvironmentalPr°tection, as part of the Florida Boat
Improvement Program for renovations to the Sebastian Yacht Club.
(~"copy of sa'ld:agreeme~'t~iS'::a~Ched hereto to Exhibit "a").
~ CONFLICT"~':. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. BEFERABILITY. In the ..event a court of
competent jurisdiction shall hold or determine ~hat any par~ 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 said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section ~ EFFECTIVE DATE. This Resolution shall take
effect i~mediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member . The motion was seconded by
Council Member
and, upon being put to a
vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion, Mayor
ATTEST:
KathrynM. O'Halloran, CMC/AA~
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Veto Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of the
City of Sebastian, Florida, that one public hearing was held on
this Resolution at 7:00 p.m. on the 8th day of June, 1994, and that
following said public hearing X~his Resolution waspassed by the
City Council.
Kathryn M. O'Halloran, CMC/AA~
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA' BOATING IMPROVEMENT PROGRAM
TRI-PARTY DEVELOPMENT PROJECT GRANT AGREEMENT'
Contract No. ~~
This Agreement is entered into this
day of
19__, between the State of Florida, Department of
Environmental Protection, hereinafter referred to as the
DEPARTMENT, Indian River County, hereinafter referred to as the
'COUNTY, and the City of Sebastian, hereinafter referred to as the
CITY, in pursuance of a project approved under the Florida
Boating Improvement Program (FBIP).
1. This Agreement shall be performed in accordance with
Sections 370.021(1), 327.25(12), and 327.28, Florida Statutes,
and Chapters 16A-11 and 16D-5, Part III, Florida Administrative
Code, which are hereby incorporated by reference as if fully set
forth herein.
2. The COUNTY, as the official applicant and recipient of
program funds, shall be responsible for grant administration and
accountability. The CITY shall act as agent for the COUNTY for
construction of the project authorized by this Agreement.
3. The CITY agrees to construct the project known as
Sebastian Yacht Club Renovations, (FBIP Project No. B94020), in
accordance with the plans and specification prepared by, or under
the supervision and review of, a registered professional
Page 1 of 7
architect, engineer or other appropriate professional. These
elements are identified in ~he project application which is.made
a par~ of this Agreement by reference: deck replacement,
handrail, benches, lighting and construction of a new wave
attenuator and extension of ~he north and south finger piers.
4. This Agreement shall become effective upon execution by
the DEPARTMENT. The CITY agrees to complete the project on or
before one year from the effective date.
5. The DEPARTM]~ agrees to obligate and make available to
the COUNTY the approved project amount of $40,000.00 for the
project authorized by this Agreement. The DEPARTMENT will
release the funds on a reimbursement basis. The DEPARTMENT,
COUNTY and CITY understand and agree that there shall be no
reimbursement of funds by the DEPARTMENT for any expenditure made
prior to the execution of the Agreement with the exception of $0
for the following expenditures: None.
6. Alexandra H. Weiss, Community Assistance Consultant or
her successor, designated as the DEPARTMENT'S Project Manager for
the purpose of this Agreement, is responsible for ensuring
performance of its terms and conditions and shall approve all
payment requests prior to payment. The COUNTY shall submit to
the DEPARTMENT signed quarterly project status reports on a
calendar basis summarizing work accomplished, problems
encountered, percentage of completion, and other appropriate
information. Photographs shall be submitted when appropriate to
reflect work accomplished.
Page 2 of 7
7. The DEPARTMENT'S performance and obligation to pay
under this Agreement is contingent upon an annual appropriation
by the Legislature.
8. Each party hereto agrees that it shall be 'solely
responsible for the wrongful acts of its employees, contractors,
and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity and the
limitations set for%h in Section 768.28, Florida Statutes.
9. Upon project completion, the engineer, architect or
other appropriate professional shall sign a statement certifying
satisfactory completion of the project in accordance with the
prepared plans and specifications.
10. Asphalt paving shall conform with the Florida Department
of Transportation's specifications for road and bridge
construction. Bid specifications, contracts and/or purchase
orders must specify thickness of asphalt and square yards to be
paved.
11. Eligible and ineligible program costs are established in
Chapters 16A-11 and 16D-5, Part III, Florida Administrative
Codes. The COUNTY shall submit payment requests and expenditure
documentation to the DEPARTMENT in accordance with the
DEPARTMENT's Grant and Contract Accountability Policy, Chapter
16A-11, Florida Administrative Code, said requests being in
detail sufficient for a proper pre-audit and post-audit thereof.
The Project Manager shall, within sixty (60) days after receipt
of a payment request, review the work accomplished to date on the
project and, if in order, approve the request for payment. The
DEPARTMENT shall retain 10% of the grant amount until completion
Page 3 of 7
of the project and all final project documentation has been
submitted by the COUNTY and approved by the DEPARTMENT.
12. The CITY is responsible for obtainin~ all state and
federal permits, licenses, agreements, leases, easements, etc.,
required for the project.
13. 'The COUNTY and CITY shall retain all records supporting
project costs for three (3) years'after the fiscal year in which
the final program payment was released by the DEPARTMENT or until
final resolution of matters resulting from any'litigation, claim,
or audit that started prior to the eXPiration of. the three-year
record retention period.
14. The DEPARTMENT reserves the right to inspect the project
as well as the right to audit any and all financial records
pertaining to the project at any reasonable time. This Agreement
can be unilaterally cancelled by the DEPARTMENT should the COUNTY
or CITY refuse to allow public access to all documents, papers,
letters or other material made or received in conjunction with
the Agreement pursuant to the provisions of Chapter 119, Florida
Statutes.
15. The COUNTY and CITY agree that the project, when
completed, shall be dedicated for public recreational uses. The
dedication shall extend for a minimum of twenty-five (25) years
and shall be recorded in the public property records. The COUNTY
and CITY further agree to return to the DEPARTMENT funds tendered
for the project in the event the project becomes utilized for
other than the purposes of the project during this period.
16. The CITY shall erect a permanent sign identifying the
DEPARTMENT as a fundin9 source of project construction.
Page 4 of 7
17. The 'DEPARTMENT shall have the right to terminate this
Project agreement and demand refund of Program funds for non-
compliance with the terms and conditions of the Program. Failure
to comply with these terms and conditions shall result in the
DEPARTMENT declaring the COUNTY ineligible for further
participation in the Program until such time as the COUNTY and
CITY comply therewith.
18. No person, on the grounds of race, creed, color,
national origin, age, sex, or disability, shall be excluded from
participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this
Agreement.
" 19. This Agreement strictly prohibits the expenditure of
funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.
20. Any local governmental entity, nonprofit organization,
or for-profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to s. 11.45;
(b) If the amounts received exceed $25,000 but do not
exceed $100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to
s. 11.45 or have a statement prepared by an independent certified
public accountant which attests that the receiving entity or
organization has complied with the provisions of the grant; or
(c) If the amounts received do not exceed ~25~000, have the
Page 5 of 7
head of the entity or organization attest, under penalties of
perjury, ~hat ~he entity or organization has complied wi~h ~Lhe
provisions of ~he grant.
21. If it becomes necessary for ~he DEPARTMENT to demand a
refund of any or all funds tendered pursuant to ~his Agreement,
the COUNTY and CITY agree to return said funds to the DEPARTMENT
within sixty (60) days after notification by the DEPARTMENT. If
not returned within sixty days, ~he COUNTY and CITY understand
and agree that any further COUNTY requests for funding as to this
or any other program under the DEPARTMENT'S administration shall
be denied until the funds have been returned.
22. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT, the COUNTY and CITY will be
allowed a maximum of sixty (60) days to submit additional
documentation to offset the amount identified or to return the
amount due.
23. This Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing duly signed by each of
the parties hereto, and attached to the original of this
Agreement.
24. The DEPARTMENT, COUNTY and CITY mutually agree to the
following special terms and conditions incorporated as part of
this Agreement: None.
Page 6 of 7
IN WITNESS ~EREOF, ~e parties hereto have caused ~ese
presents to be duly executed on ~e day and year first above
Mitten.
STATE OF FLORIDA DEP~TME~ BOARD OF COUNTY COMMISSIONERS
OF ENVIRONME~ PROTECTION OF INDIAN RIVER CO~TY
~: ~ By: ~ ~
FranP. Mainella, Director Chairman or designee*
Division of Recreation and
Parks Title:~~
Ad.ess:
1840 25th Street
Veto Beach, Florida 32960
DEP Project Manager
CITY OF SEBASTI~
~ontr~
~dministrat~r
Address:
1225 Main Street
Sebastian, Florida 32958
/~~oves as to .
~'o?~a~dLegality./
*If someone other than the Chairman signs the contract, a
resolution, statement or other document authorizing that person
to sign the contract on behalf of the county must accompany the
contract.
Page 7 of 7
RESOLIT ON NO.
~R~R~..~, ~-.he Ci~:y Council of '~he
necessa=~ to enact: certa~ rules of l:)rocedt.~e governiT]g public
input at i'~..s ]neet£ngs 'Co provide for 'r..he orderly conduct of
business for ~he public heal,h, safety, and welfare of ~he City
of Sebastian,
· -public under
Constitution.
while preserving ~he rights of ~he members of the
=he First A~end~ent to the United S~ates
NOW, THEREFORE, ~E IT RESOLFED B~ THE CZT~ COUNCIL OF TEE
CZT~ OF SEBASTIAN, INDI~~ CO~NT~, FLORIDA, that=
~8~TION 1. DEFI1T/TION$. The City Council hereby adopts
the following definitions for purposes of ~his Resolution:
A. ~. Where used in this Resolution, the ter~
"Chair" shall mean ~he Mayor or in the absence of ~he Mayor from
I the City Council meeting, the Vice Mayor or in =he absence of
i both the Mayor and Vice Mayor from =he City Council meeting, the
senior member of the City Council.
I Where used in =his Resolution, the
B.
Aaenda
Item.
term "agenda item" shall mean an item contained in ~he agenda
i provided to the City Council for the City Council to consider at
its.meeting.
C. New ~A~~. Where used //u T-his Resolution,
~he =erin 'new business' shall mean an i~ /~ro~uced by T. he
public and heard under T. he -Introduction of New Business from =he
Public~ portion of regular meetings°
P. Oi~:v ~ Mf~. Where used in =his
Resolution, ~he term ~City Council ~eeting' shall mean
workshop, regular or special meeting of ~he City Council.
E.
any
Sheet. Where used in ~his Resolution,
, I
I
I
I
I
=he term 'sign-up sheet' shall mean ~he.forms ~ade available by I
=he city Clerk =o members of =he public prior =o =he city Council
meeting for any number of =he public to sign--lndicating =hat he
or she wishes to address Tahe City Council at =he City Council
meeting and indicating =he agenda item, public hearing item,
and/or new business item which=he member ofT. he public wishes to
address.
F. Introduction o~ ~ ~ ~rom ~he Public
Section. Where used in =his Resolution, the term "Introduction
of New Business from =he Public Section' shall mean the portion
of
City
specified on ~e re~l~ ~eeting
Cocci1
meetings,
agendas only, d~ing whi~ new business shall ~ received by ~he
City Co~cil.
SECTION ~. GENERAL R~ES OF PROCEDURE. The City Council
hereby adopts ~he following general rules of procedure for public
input at City Council meetings:
Council at a City Council meeting with respect to an agenda
An individual who wishes to address the City
item
i on ~.he Ci%-~ .Council ~gen~a shall a~Sress
~eaia~ely przor ~o ~e ~eli~a~ion of ~e i~ ~ ~e City
~ B. Individuals shall no=
i after ~he co~encement of City Council deliberations on an agenda
~he public input has been ~
~rovi~ a~di~iona~ info~a~ion or ~o ~~ ~es~ions. ~
I ~he commenc~ent of ~he Czty Cocci1 meetzng wi~h respect to an
i agenda it~ on a first come, first h~d ~sis. in addition,
individuals shall have the opportunity to ad,ess the City
I Council during public he~ings held in accordance with any
federal or Florida law, the City ~arter, the Code of Ordinances
I of =he City of Sebasti~ and the Land Development Code of the
City of Sebastian.
I D. Any individual wishing to introduce new business
I to the City Council during the Introduction of New Business from
the Public section of Re~l~ City Council meetings shall
I indicate this by si~ing the si~-up sheet avatl~le to the
i public in the City Council chambers or the City Clerk's office
prior to the commencement of the City Council meeting.
I Individuals shall have the opport~ity to address the City
Co~cil during the Introduction of Business from =he Public
I section of re~lar meetings if they have signed the sign-up sheet
prior ~o l~he commencement of ~he regular City Council meeting' on
~e also ~co~ag~, wh~ev~ poss ~le, =o si~ up for
I~odu~ion of N~ B~ess fr~ ~e ~lic ~ noon on
~sday ~reced~g ~e Re~l~ Mee=~g ~d provide dobbS=ion
for inclusion ~ ~e ag~da
· . No=wi~~d~g ~y o~ provision con~ed in
~is Resolution, no p~lic ~pu= ~11 ~ ~1~ at e special
~ee~ing, o~ ~ d~g a s~eduled ~lic he~i~g, if ~y,
~less o~ise provided ~ ~e ~eeti~g ~11.
r. No~wi~s~d~g ~y o~ provision confined
from ~e
-~his Resolution, Introduction of New Business
shall not be allowed at City Council Workshops.
members
modify the City
additional agenda
wishes to address
G. The City Council, by a unanimous vote of ~he ~
of City Council present at =he City Council meeting, may
council
agenda
for
such
~eeting =o add an 0
item and, in such event, an individual who
=he city Council with respec~ to =he new agenda
'item shall be afforded a reasonable opportunity to sign =he sign-
up sheet for such new agenda item.
H. Individuals shall be limited to ten (10) ~inutes
in making oral presentations to =he City Council, except if
extended by =he Chair or reduced by =he Chair based on =he amount
of time'" available. Individual may also submit written
presentations to =he City Council by providing ten (10) complete
copies to ~he City Clerk.
I. The City Clerk shall present =he sign-up sheets at
~he commencement of ~he City Council meeting ~o ~e ~a~.
signed =he sign-up shee~s prior to ~he commencement of ~e City
J- ~1 p~lic, inpu~ shall ~ a~essed.~o ~e ~air,
~less answering a ~es~a°n of a m~r of ~e cl~ C°~cil or
City Staff.
~-~. CONFLICT. All ct. her resolutions or parT~
of resolutions in conflict herewith ere hereby repealed.
~I_9~. SEFERA~ILI~Z. In ~he event a court of
competent jurisdiction shall hold or determine ~hat any part of
~his Resolution is invalid or unconstitutional, ~he remainder of
~he Resolution shall not be affected and it will be presumed ~hat
~he City Council of ~he City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed ~hat the City Council would have enacted ~:he remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
EFFECTIVE DATE.
adoption.
I effect immediately upon
This Resolution shall take
I The. foregoing Resolution was moved for adoption by
Councilmember ~ · The moti n was seconded by
i the vote was as follows:
5
V£oe .Nayor l~rank Oberbeck ~
_
~e M~yor ~eupon dec~ ~s Resolution duly passed
adop~ ~$~day of ~, 199~.
A~. :
Ci~=k M. Hallor=, ~C/~
Approved as~g Form and Con~ent:
Charles Ian Nash, City A~orney