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Home My WebLink About08101994m m, City of Sebastian 1225 MAiN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETiNG WEDNF~DAY, AUGUST 10, 1994 - 7:00 P. Mo CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAiN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Donald E. Swope - First Presbyterian Church ° ROLL CALL 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 PGE 1-14 94.178 PGE 15-22 94.158 PGE 23-31 94.203 PGE 33-34 94.204/ 92.275 PGE 35-39 7. P_~_BLIC HEARING, FINAL ACTION - None 8. ~NTRODUCTION O__FNEW BUSINESS BY THE PUBLIC (Which is No' Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) 9. CONSENT ~GE,NDA 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 - 7/27/94 Regular Meeting, 8/3/94 Budget Workshop Be RESOLUTION NO. ~-94-41 - City Attorney - Clifton McClelland Legal Services Agreement (City Clerk Transmittal dated 8/1/94, R-94-41, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY COUNCIL, TO ENTER INTO A LEGAL SERVICES AGREEMENT WITH CLIFTON A. MCCLELLAND, JR., OF POTTER, MCCLELLAND, MARKS & HEALY, P.A., FOR THE PURPOSE OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Engage Hoyman, Dobson & Co. for 1993/1994 Fiscal Year Audit - Not to Exceed $36,545.00 - Finance Staff to Prepare Schedules (Finance Transmittal dated 8/4/94, Letter of Engagement) Bid Award - Contract Mowing - Utility Sites - Vero Property Management, Inc. - $14,985.00 - Reject All Bids for Airport and Public Works Mowing and Authorize City Manager to Hire or Promote In-House Three Persons Effective 10/1/94 (City Manager Transmittal dated 8/3/94, Bid Tabulation, Specs On File in City Clerk's Office) Interagency Agreement - Department of Corrections and City of Sebastian - Inmate Labor Force Workers (Engineering Transmittal dated 8/5/94, Agreement) 94.132 F. Bid Award - Police Station Air Quality I PGB 41-$0 Modifications - Merritt Island Air & Heat, inc. - $43,746.00 (Director of Community Development Transmittal dated 8/4/94, Bid Tabulation, Bid I Specs) 94.205 G. L.I. Tree Service - Specimen Tree Removal Request I PGS 51-53 - Lot 35, Block 493, Unit 15, Sebastian Highlands - One 21" Pine (Director of Co.m?uni~y Development Transmittal dated 7/27/94, Application and Survey) 94.206 H. Ameron Homes - Specimen Tree Removal Request - I PGS $$-57 18, 460, 17, Highlands - Lot Block Unit Sebastian · One 24" ~: =xne (Director of Community Development Transmittal dated 8/3/94, Application and Survey) I 94.207 I. Fraternal Order of Police - Request Use of PGS 59-61 Riverview Park North - Annual.C~rnival.- 10/10/94 I through 10/16/94 - Staff Conditions (Director of Community Development Transmittal dated 8/3/94, Scarpa Letter dated 7/6/94) I 10. PRESENTATION__~S i 94.019 A. Hartman and Associates, Inc. - Water and . . . PG 63 Wastewater Master Plan - Final Report (Utilities Director Transmittal dated 8/3/94, Plan Under Separate Cover) I 11. COMMITTEE REPORTSIRECOMMENDATIONS I12. OLD BUSINESS 94.181 A. RESOLUTION NO. R-94-40 - Blue Cross/B%ue Shield I PGS 65-69 Health Insurance (City Manager TransmIttal dated 7/21/94, R-94-40, Contract Application) i TABLED AT 7/27/94 REGULAR MEETING A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN BLUE I SHIELD HEALTH INSURANCE CROSS/BLUE BENEFITS; AUTHORIZING THE CITY MANAGER TO SIGN, ON BEHALF.OF THE CITY OF SEBASTIAN, THE CONTRACT APPLICATION, I PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I 94.208 B. Brian Barry - Airport Property Lease (City PGS 71-94 Manager Transmittal dated 8/4/94, Proposed Lease) I I 94.209 13. 14. 15. 16. 17. A. Park Place - Nelson Hyatt (No Backup) CITY COUNCIL ~ A. Mayor Arthur Firtion B. Vice-Mayor Carolyn Corum C. Mrs. Norma ~ D. Mr. Robert ~ E. Mr. Frank Oberbeck CITY ATTORNEY MATTERS CITY MANAGER 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. 4 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 27, 1994 - 7:00 EM. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) Mayor Firtion called the Regular Meeting to order 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend R. Harold Lee, First Baptist Church. 4. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran Assistant City Attorney, Deputy City Clerk, Sally Maio at Regular city Council Meeting July 27, 1994 Page AGENDA MODIFICATIONS ~ AND/OR DELETIONSI - 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 consent item B Resolution No. R-94-40 be removed for discussion. PROCLAMAT~,ONS AND/OR ANNOUNCEMENTS None· pUBLIC HEAR,,ING~ FINAL ACTION None· ! INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is No~ Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Edra Young, 1151 Clearmont Street, Sebastian, discussed the need for bikepaths along the CR 512 corridor for schoolchildren and suggested using Laconia rather than Clearmont as a bus route. Mr. Oberbeck reported that he had brought the · bikepath item to MPO and reported that the County will be clearing a grass path on the south side of CR 512 from the Barber intersection to the library. John Kanfoush, 1437 Seahouse Street, Sebastian, expressed concern about potholes. Wally Kramer, Micco, discussed the Sebastian Inlet District meeting and endangered species. 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 - 7/9/94 Special Meeting, 7/13/94 Board of Adjustment Meeting, 7/13/94 Regular Meeting 2 Regular city Council Meeting July 27, 1994 Page Three 94.181 B. RESOLUTION NO. R-94-40 - Health Insurance Contract - Blue Cross/Blue Shield (City Manager Transmittal dated 7/21/94, R-94-40, Contract Application) 94.198 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN BLUE CROSS/BLUE SHIELD HEALTH INSURANCE BENEFITS; AUTHORIZING THE CITY MANAGER TO SIGN, ON BEHALF OF THE CITY OF SEBASTIAN, THE CONTRACT APPLICATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ce Community Center Air Conditioner - Reject Ail Bids and Rebid Project (Engineering/Public Works Transmittal dated 7/19/94, Notice and Bid Specs) 94.199 94.200 94.201 Bid Award - Vibratory Roller - Low Bid - L.B. Smith, Inc. - $23,500.00 (Engineering/Public Works Transmittal dated 7/18/94, Bid Tabulation, Bid Notice, Photo) Bid Award - Asphalt Placement and Compaction - Barber Street Railroad Crossing - Dickerson Florida, Inc. - $2,613.00 (Engineering/Public Works Transmittal dated 7/21/94, Bid Tabulation, Bid Notice, FEC Letter dated 7/1/94) MGB Construction, Inc. - Specimen Tree Removal Request - Lots 30 & 31, Block 297, Unit 11, Sebastian Highlands - One 21" Pine (Director of Community Development Transmittal dated 7/15/94, Application and Survey) The City Manager read the consent agenda. Mr. Oberbeck removed item B as requested by the City Manager, and Mr. Freeland removed item A. MOTION by Freeland/Oberbeck I move that we approve items C, D, E, and F. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 3 Regular city Council Meeting July 27, 1994 Page Four 10. Item A Mr. Freeland inquired about the July 13, 1994 meeting at which Mr. Oberbeck requested placement of an item relative to Riverview Park. The City Clerk advised that the applicant intends to make a request in the future. MOTION by Freeland/Oberbeck I move that we approve item A. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 Item B The City Manager addressed City Council on proposed Resolution No. R-94-40 Blue Cross/Blue Shield health insurance, and suggested tabling this item until August 10, 1994, while Blue Cross negotiates with sebastian River Medical Center. Mr. Oberbeck strongly urged consideration of utilizing the services of Sebastian River Medical Center. MOTION by Oberbeck/Damp I would move that we table Resolution No. R-94-40 as requested by the City Manager until August 10. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 PRESENTATIONS None. 4 Regular City Council Meeting July 27, 1994 Page Five 94.202/ (94.160) 11. 12. 13. 14. COMMITTEE REPORTS/RECOMMENDATIONS Vice Mayor Corum reported on today's Indian River County Land Acquisition meeting concerning applying for Florida Communities Trust grants for acquisition of scrub land. OLD BUSINESS Establish Policy he: Culvert Pipe Material Used on Publicly ~ Property (City Manaqer Transmittal dated 7/12/94, City Enqineer Memo dated 7/6/94) The City Manager reiterated the recommendation as presented by the former City Engineer to use reinforced concrete pipe except in situations where the velocity can be proven to be less than three foot a minute it would be acceptable to use some other material. MOTION by Corum/Damp I would make a motion that Council adopts the new policy as outlined. ROLL CALL: Mr. Oberbeck - nay Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay MOTION CARRIED 3-2 (Oberbeck, Freeland - nay) The City Manager, in response to Vice Mayor Corum, said the Skydive Sebastian site plan will be addressed by Planning and Zoning. N~W BUSINESS None. CITY COUNCIL MATTERS A. Mr. Robert Freeland None. Regular City Council Meeting July 27, 1994 Page Six B. ~ Frank Oberbeck Mr. Oberbeck expressed concern about potholes on the bikepath on Layport and Fleming and at Washington Avenue and Indian River Drive; discussed the pipe collapse on U.S. i near Washington to which the City Manager responded that perhaps the new City Attorney could notify FDOT; and inquired about responses to letters from the Winningers. C. Mayor Arthur ~irtion Mayor Firtion said the pothole gang is temporarily at a standstill but remains active in their measuring. D. ~ Carolyn Corum Mrs. Corum discussed crumbling street shoulders in the City such as Wave Street; inquired about striping on Laconia Street to which the City Manager responded that the City has not yet accepted the street and that a curing period is required; and announced a judges candidate forum at the North County Library sponsored by the League of Women Voters on July 28, 1994 at 7:30 p.m. 15. E. Mrs. ~ Damp Mrs. Damp expressed concern about Golf Course bridge hazards. Mr. Freeland inquired about the Police Station air quality problem to which the City Manager responded that the bid is out. CITY ATTORNEY MATTERS The Assistant city Attorney announced that Mr. McClelland will take over as City Attorney on August 1, 1994 and that he will be meeting with him this Friday. 16. CITY MANAGER MATTERS The City Manager said he had been asked by an individual who donates memorial trees to the cemetery to be assured that the City's position would be that if any trees are removed in the future she would be notified for relocation, to which the City Council concurred; inquired whether the October 1 deadline Regular City Council Meeting July 27, 1994 Page Seven 17. for cessation of full fee waivers for public facilities includes the FOP use of the Cavcorp property for carnivals to which the City Council concurred that the deadline applies to facilities only and that a fee policy for use of the Cavcorp property has not yet been established; said a grant application will be submitted for tennis court money in participation with the County; asked for Council's property maps to be returned for updating; and commended the law firm of Frese, Nash and Torpy for its years of service to the City. Being no further business, Mayor Firtion adjourned the Regular Meeting at 7:35 p.m. Approved at the Meeting. , 1994, city Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 7 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL BUDGET WORKSHOP WEDNESDAY, AUGUST 3, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Firtion called the budget 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 Staff Present: City Manager, Joel L. Koford Special Assistant, Marilyn Swichkow Assistant Finance Director, Chris Moore Director of Community Development, Bruce Cooper Chief of Police, Earle Petty Utilities Director, Richard Votapka Personnel Director, Wendy Widmann Assistant Public Works Director, Jerry Thomas Airport Manager/Golf Course Manager, John Van Antwerp Golf Course Superintendent, Chris McCarthy Deputy City Clerk, Sally Maio Administrative Secretary, Joanne City Council Budget Workshop August 3, 1994 Page Two 1994/1995 FISCAL YEAR BUDGET REVIEW The City Manager explained the budget schedule, format, and procedures. Legislative Department No City Council comments. City Manager No City Council comments. City Clerk Vice Mayor Corum noted that there are funds in the budget for employees' activities in the Public Safety Employees Benefit & Welfare Trust Fund. Finance Department The City Manager noted that the Personnel Request has changed, noted he had declined a Purchasing Director and would be loaning one of his clerical staff to Finance. Leqal ~artment No City Council comments. Police Department The City Manager noted that FOP salary increases are reflected. The City Manager said he'd had to eliminate the two requested new officer positions, Mr. Oberbeck suggested leaving in one, Vice Mayor Corum suggested waiting until next year and Chief Petty justified his request, stating there is inadequate coverage for the city of Sebastian. The City Manager said the City had never taken advantage of impact fees, and could glean new revenues from public safety impact fees. The City Manager said total cost for two new officers would be approximately $86,000, and Mayor Firtion said he was in favor of two new officers. 2 city Council Budget Workshop August 3, 1994 Page Three Mr. Oberbeck recommended a $5,000.00 salary increase for Chief Petty to bring him to $47,000.00. Mr. Freeland concurred with an increase. The City Manager said this could be looked at further and referred to a salary survey for Department heads. Communit~ Develomment The City Manager noted the distinction between operating costs and capital outlay is that if an item costs $500 or more and has a useful life greater than one year it is capital outlay and stated that a requested typewriter in capital outlay has been deleted. Engineering No City Council comments. Roads & Streets Mr. Oberbeck expressed concern about costs for small tools. Vice Mayor Corum inquired whether the three employees hired last year as a drainage crew would remain thus, to which the City Manager responded that personnel changes may take place. He went on to explain that a recent mowing bid TAPE I - SIDE II (7:51 p.m.) indicates that it may be cheaper for the City to hire additional personnel, and that the issue will be re-examined. He did say, however, that he will recommend a bid award for Utility facilities. Mrs. Damp recommended a $1,500 raise for Jerry Thomas. Mr. Thomas declined the raise. Building Maintenance Discussion took place on purchase of chemicals City wide under state contract price. Mr. Oberbeck questioned $6,500 for repairs to air conditioners. City Council Budget Workshop August 3, 1994 Page Four Garage The City Manager advised that the clean-up at the Central Garage is under capital improvements and that the City has to develop a self-contained stormwater run-off system, said he had been advised that a thousand gallon tank installed has never been registered and is in violation. He said he has also been put on notice that Barber Street Sports Complex drainage is inappropriate. Parks/Recreat~0n Mr. Oberbeck inquired why a portalet was located at Barber Street Sports Complex, to which the Assistant Public Works Director responded that the restrooms are not always open when the Creative Playground is open. Discussion took place on costs for painting the old GDC building south of the sports complex.' Cemetery Mr. Oberbeck questioned the $300 for water cooler. Non-Departmental The City Manager explained this new fund, noted that under capital improvements the Yacht Club pier renovation and the Central Garage soil clean-up are essential and other capital requests can be looked at. Mayor Firtion called recess at 8:15 p.m. and reconvened the workshop at 8:20 p.m. Ail members were present. The City Manager discussed a proposed, telephone system, noting that he has placed money in the Non- Departmental budget, and requested authority to go out to bid. He explained his thoughts on an appropriate system for a complaint and information center. City Council concurred with bidding. City Council Budget Workshop August 3, 1994 Page Five Golf Course Rev~e$ No City Council comments. Discussion took place on the difference in revenues from last year due to the change in the due date for memberships. Golf Course Expenditures ~ Administration The City Manager stated that in accordance with staff and auditor recommendations, the current secretarial position will be downgraded to part-time and a new Cash Supervisor position will be established. Golf Course Expenditures - Greens & Maintenance The City Manager said bids had been received for maintenance and will be reviewed in the near future. Golf Course Expenditures -Carts Mayor Firtion recommended sand buckets on both sides of all carts and Vice Mayor Corum recommended cotton t-shirts for maintenance employees. Airport - Revenues The City Manager said the airport budget reflects a forthcoming federal grant to implement the airport master plan. A_~_port - Expenditures The City Manager said he has increased the Airport Manager's salary to $17,500 at this time and that he will review the salary again in the future. Utility - Water and Sewer Revenues No City Council comments. Water - Expenditures The City Manager discussed the depreciation line item, stating that assuming all revenue budgeted for materializes, then those line item monies will be used next year for water and sewer repair and replacement. TAPE II - SIDE I (8:45 p.m.) 5 City Council Budget Workshop August 3, 1994 Page Six Sewer - Expenditures The City Manager reiterated his previous comments on depreciation. Cemetery Trust Fund No City Council comments. Law Enforcement Trust Fund No City Council comments. General Govt. ~_~g_yees Benefit & Welfare Trust No City Council comments. The City Manager said he will submit the formal budget on August 10, 1994 and that the budget is set at 6.9 mills at this time. He requested City Council's budget books be returned. Costs for utility expenditures such as the 1987 boom truck tune-up, blueprint machine, hydrant paint, other vehicle maintenance, shovels, license fees, and man-hole cover paint were questioned. City Council commended the City Manager on a well prepared budget. Being no further business, Mayor Firtion adjourned the budget workshop at 9:05 p.m. Approved at the Meeting. , 1994, City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 6 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-94-41 Legal Services Agreement Clifton A. McClelland, Jr. APPROVED FOR SUBMITTAL BY: · City Manager: ~~ ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) City Clerk '~ 8/1/94 8/10/94 Exhibits: R-94-41 Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: SUMMARY STATEMENT The city Council, at its July 13, 1994 Regular Meeting appointed Clifton A. McClelland, Jr. of Potter, McClelland, Marks & Healy, P.A. to the position of City Attorney. Resolution No. R-94-41, approving the Legal Services Agreement (Exhibit "A") between the City of Sebastian and Mr. McClelland, is presented for adoption. RECOMMENDED ACTION Move to adopt Resolution No. R-94-41, authorizing the Mayor to execute the Legal Services Agreement between the City of Sebastian and Clifton A. McClelland, Jr. RESOLUTION NO. R-94-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY~ AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY COUNCIL, TO ENTER INTO A LEGAL SERVICES AGREEMENT WITH CLIFTON A. MCCLELLAND, JR., OF POTTER, MCCLELLAND, MARKS & HEALYv P.A., FOR THE PURPOSE OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3.09 of the Charter of the City of Sebastian requires that there shall be a City Attorney of the city, appointed by the City Council, who shall serve as chief legal advisor to the City Council, the City Manager, and all City Departments; and WHEREAS, the City Attorney shall represent the City in all legal proceedings and shall perform any other duties prescribed by the Charter or the Code of Ordinances of the City; and WHEREAS, the City Council desires to retain the services of Clifton A. McClelland, Jr., of Potter, McClelland, Marks & Healy, P.A. as its city Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AGREEMENT. The City Council of the City of Sebastian, Indian River County, Florida, hereby agrees to enter into a Legal Services Agreement with Clifton A. McClelland, Jr., identified as Exhibit "A" to this Resolution, and by this reference incorporated herein. SECTION Z. EXECUTION. The Mayor of the City of Sebastian is hereby authorized to execute the Legal Services Agreement as agent for the City of Sebastian. SECTION 3,. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. 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 the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Councilmember by Councilmember vote, the vote was as follows: Resolution was moved for adoption by . The motion was seconded and, upon being put into a Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. 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: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clift°n A. McClelland, Jr. City Attorney LEGAL SERVICES ~GREEMENT It is mutually agreed between POTTER, McCLELLAND, MARKS & HEALY, P.A., hereinafter referred to as "Attorneys", and the CITY OF SEBASTIAN, hereinafter referred to as "City", as follows: 1. The Attorneys are hereby appointed and retained in the position of City Attorneys to perform the following professional services: (a) Attend all regularly scheduled meetings of the City Council and such other meetings as designated by the Council or City Manager. (b) Defend the City, its Council and members as directed by the Council in all legal causes. (c) Prosecute such legal causes as directed by the Council. (d) Draft such resolutions, ordinances, regulations, agreements, laws and other legal documents as required by the Council or City Manager. (e) Render such legal opinions, advice and legal counseling as requested by the Council or City Manager and through the office of the City Manager, to any City Department Heads. (f) File proceedings to validate obligations, certificates or bonds to be issued by the Council. (g) Prepare necessary legal documents and close all real estate transactions entered into by the City. /~/~ ~ (h) Such other legal services as requested by the Council or City Manager, including review of legislative changes. 2. The Attorneys are authorized and mandated to provide all legal services to the City unless City Council directs otherwise or other legal counsel are employed to provide such services. It is mutually agreed between the parties that CLIFTON A. McCLELLAND, JR. shall have the primary responsibility for serving as counsel to the City and he may appoint such attorneys from the firm as he deems necessary to render the legal services provided under this Agreement. 3. The City hereby agrees to pay the compensation for services the following: (a) The sum of $125.00 per hour Attorneys as for telephone conferences for partners and $100 per hour for telephone conferences for associates. The sum of $130.00 per hour for partners and $100.00 per hour for associates for general legal representation and attendance at City Council meetings. The sum of $150.00 per hour for partners and $125.00 per hour for associates for litigation consisting of research, drafting of pleadings and briefs, preparation of litigation, attendance at depositions and hearings and conduct of trials and preparation of appeals, briefs and conduct of appellate oral arguments. The sum of $75.00 per hour shall be charged for the services of legal assistants. (b) For the closing of real estate acquisitions, a fee for the preparation of legal documents, examination of title and closing of transactions shall be negotiated with the Council. (c) A fee for the preparation and validation of obligations, certificates and bonds issued by the City at an amount to be negotiated with the Council for each project if the Council elects to issue bonds on a project. 4. The City hereby agrees to pay the Attorneys the following reimbursements: (a) All costs incurred in the defense or prosecution of legal causes including but not limited to the cost of service of process and subpoenas, depositions, witness fees and expert fees. (b) (c) Florida processing The cost of long distance telephone calls. Travel and per diem expenses as provided under Statutes, Section 112.061, provided the Attorneys shall not charge either for the time or any travel costs to regularly scheduled meetings of the City Council. All other travel time which is required to perform duties under this Contract shall be billed at the normal hourly rates. (d) The cost of photocopies at the rate of 10 cents per page. (e) The cost of certifications and outside copies. All such costs shall be paid by the Attorneys and submitted to the City at the end of each month for reimbursement. 5. The Attorneys hereby agree to supply and furnish all office space, supplies, copying machines, furniture, word equipment, filing cabinets, and personnel as may ~ necessary to perform the legal services provided under this Agreement. 6. The attorneys shall serve at the pleasure of the Council. This Agreement may be terminated by either party on thirty (30) days notice. 7. The Attorneys shall bill on a monthly basis and itemize bills in accordance with the Council's policies and procedures. IN WITNESS WHEREOF, the parties hereto have placed their respective hands and seals this day of , 1994. POTTER, MCCLELLAND, M~RKS & HEALY, P.A. CLIFTON A. McCLELLAND, JR. CITY OF SEBASTIAN City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 A(~EN,.,DA TRANSMITTAL SUBJECT: Execution of Audit ) Engagement Letter ) ) ) Approval for Su~a~litta/By: , ) City Manager ) ) ) ) ) AGENDA NO: ....... q¢/~(~ Dept. Origin: Date Submitted: For Agenda Of: Finance 08/04/94 .... 08/,1,0/94 Exhibits: Ltrs.-Hoyman, Dobson & Company, P.A., Dated 07/26/94 EXPENDITURE REQUIRED: $ 36,545.0O AMOUNT BUDGETED: $ 36,545.0O APPROPRIATION REQUIRED: $I~MMARY STATEMENT The Sebastian City Council, at its May 25, 1994 Regular Meeting approved a one year extension for audit services with Hoyman, Dobson & Company, P.A. The formal audit services contract is an audit engagement letter. Two originals of the audit engagement letter for the annual audit of financial statements as of and for the year ending September 30, 1994 are attached. RE~,.OMMENDED ACTION Move to approve the Hoyman, Dobson & Company audit engagement letter at a fee not to exceed $36,545.00 with Finance staff preparing the schedules listed in Appendix A and Appendix B for a savings of $3,850.00, if possible. HOYMAN, DOBSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 6767 North Wickham Rd., Suite 500, Melbourne, Florida 32940 (407) 255-0088 Fax (407) 259-8648 Charles W. Hoyman, Jr. Roger W. Dobson Barbar~ J. Oswalt Eugene K. Bjerning Thomas L. Kirk Karen E. Kirkland Mayor and City Council City of Sebastian Post Office Box 127 Sebastian, Florida 32958 July 26, 1994 Dear Mayor and Council Members: We are pleased to confirm our understanding of the services we are to provide for the City of Sebastian, Florida for the year ending September 30, 1994. We will audit the general purpose financial statements of the City of Sebastian as of and for the year ending September 30, 1994. The combining statements by Fund type, schedule of grant financial assistance, · if applicable, and schedules will be subjected to the auditing procedures applied in the examination of the general purpose financial statements. Our opinion on these statements and schedules will be expressed in relation to the general purpose financial statements and schedules taken as a whole. Our audit will be conducted in accordance with generally accepted auditing standards and the standards for financial and compliance audits contained in the Government Auditino Standar~!~ issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Sebastian and other procedures we consider necessary to enable us to express an opinion as to whether the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion cf our audit, we will also request certain written representations from you about the financial statements and related matters. American Institute of Certified Public Accountants & Florida Institute of Certified Public Accountants City Council City of Sebastian Page Two An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors 'is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not .engaged as auditors. Our audit will also be made in accordance with Chapter 10.550 and Chapter 10.600, Rules of the Auditor General and other applicable requirements of Florida law. We understand that you will provide us with the basic information required for our audit and that you are 'responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with .you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection of accounting principles and the safeguarding of assets. We understand that your employees will type all cash and other confirmations we request and will locate any invoices .selected by us for testing. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, · that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. We expect to begin our audit on approximately November 28, 1994 and to issue our report no later than February 1, 1995. Our fees for these services will be based on the actual time spent at our standard rates. Our standard hourly rates vary according to the degree of responsibilitY involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our preliminary estimates, the fee will not exceed $40,395. If the City elects to prepare the audit schedules as outlined in Appendix A, the fee will be reduced accordingly. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is ecessar¥, we will discuss it With you and arrive at a new fee estimate before we incur the dditional costs. City Council City of Sebastian Page Three We appreciate the opportunity to be of service to the City of Sebastian and believe this letter accurately summarizes the significant terms of our engagement, if you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Hoyman, Dobson & Company, P.A. RESPONSE: This letter correctly sets forth the understanding of the City of Sebastian. BY: TITLE: DATE: Appendix A City of Sebastian Audit schedules to be prepared by client FYE 9/30/94 11. 12. 13, 14. Trial balance for each fund for the period ending July 31, 1994 by 08/15/94. Trial balance for each fund for the period ending September 30, 1994. List of all attorneys (including addresses) used by the City for the period 10/01/93 through 09/30/94. List of all known possible contingencies at year end. List of all bank accounts opened and/or closed (including addresses) for the period 10/01/93 through 09/30/94. The following forms reviewed and updated by the City: a. Internal control procedures forms and b. Microcomputer system control form. Copies of the approved 93-94 budget, any amendments to the budget and a copy of the advertisement announcing final public hearing for the budget. Copies of all grant .documents for which monies were received or expenditures made for the period 10101/93 through 09/30/94. Beginning and ending check numbers for all bank accounts. Review and update confirmation listing for additions/deletions and address corrections. Bank reconciliations for all bank accounts. Schedule of allocation of consolidated (SBA) account, Schedule of interbank transfers. Schedule of allocation of interest earnings from consolidated (SBA) account allocated to each fund. Property and equipment reconciliation including current year additions and deletions, Depreciation schedule for enterprise funds including current additions and deletions. $ 25O 100 250 300 50 400 200 Appendix A City of Sebastian Audit schedule to be prepared by client FYE 9/30/94 Page two 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Analysis of due from and due to other fund accounts. Analysis of accrued wages and compensated absences. List of outstanding gift certificates for the golf course. Analysis of all reserved and designated fund balance accounts. Analysis of investments in general fixed assets including additions and deletions. Employee and employer contributions for all pension plans for the period 10/01/93 through 09/30/94. Water consumption report for the period 10/01/93 through 09/30/94. Payroll reconciliation to payroll tax returns including salaries and payroll taxes. The items on Appendix B for compliance with Florida Laws. Completion of all of the audit schedules to be prepared by client no later than 1'2/01/94. Total 5O 150 100 50 100 50 300 $3,850 Appendix B City of Sebastian Compliance with Florida Laws documentation to be provided by client Our tentatively scheduled start date for preliminary fieldwork is in August, 1994. We would like to begin testing compliance with Florida laws at that time. DEPARTMENT_ Finance DESCRIPTION OF ITEMS NEEDED 1) One copy of the cover letter and certified mail receipt sent with each of the following: a) two copies of annual audit (prior fiscal year) with management's written response to the Office of the Auditor General, 'b) Annual Financial Report (prior fiscal year) filed with the Division 'of Banking and Finance and c) Police and fire fighters state pension reports(current fiscal year)-state law plan and ,local law plan. 2).¸ One copy each of the following reports with copies of the certified mail receipts filed with the State Division of Bond Finance for each bond sale: · a) advance notice of bond-sale, b) bond information form, c) bond disclosure form - competitive sale and d) bond disclosure form - negotiated sale. 3) One copy of Treasury Form for public deposits with a copy of the certified mail · receipt for the current fiscal year. 4) Copies of the general ledger for each fund that has incurred significant travel and entertainment expenditures for the current fiscal year. In addition, the related expense files to support these amounts. 5) One copy of the Budget Adoption Schedule for the next fiscal year.. Appendix B City of Sebastian Compliance with Florida Laws documentation to be provided by client Page two 6) 7) 8) 9) 10) 11) One copy of the resolution or ordinance adopting the budget for the next fiscal year. a) millage rate and b) budget One copy of the cover letter and certified mail receipt sent with the above mentioned resolutions or ordinances to the following: a) property appraiser, b) tax collector and c) Department of Revenue. One copy of the complete TRIM Compliance Certification package with a copy of the certified mail receipt: a) b) c) d) e) f) g) h) Certification of compliance DR-487, Certification of taxable value DR-420, ordinance/resolution adopting millage rate, ordinance/resolUtion adopting budget, final budget hearing ad, proof of publication from newspaper, budget summary ad (entire page from newspaper), proof of publication of budget summary ad and, copy of final DR-422, if issUed. One copy of the letter of receipt and compliance from the Department of Revenue regarding TRIM compliance. One copy of the letter/report received from the Supervisor of'Elections or Commission on Ethics indicating the City officials who filed financial disclosure forms for the current fiscal year. One copy of the Contraband Quarterly Reports for the current fiscal year. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA,, ,TRANSMITTAL SUBJECT: Contract Mowing Approval For Submittal By: City Manager qf~'~ff AGENDA NO. Dept. Origin: Joel L. Koford City Manager Date Submitted: 8//03/94 For Agenda Of: 8/10/94 Exhibits: Bid Review & Tabulation EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY A review of one of our past practices revealed the award of contract mowing to several different vendors. In addition, Public Works and Parks were also mowing public owned land. The City advertised for Request for Proposals (RFP) and offered all vendors within a three (3) County area to compete for the lot and right-of-way mowing within the City of Sebastian. After reviewing the responses, and the associated costs, it was determined that the City could expand it's current labor force and make full utilization of our own mowing equipment and provide a total mowing service cheaper than the proposed vendor contracts. There was one exception - the Utility sites. RECOMMENDATION (1) Award the lot mowing contract to the lowest bidder at an annual cost of $14,985. The lowest bidder was Vero Property Management, Inc. (2) Reject all other vendor bids for the Airport and Public Works mowing and authorize the City Manager to expand the lot mowing capability by hiring or in house promotion/transfer of three persons and provide mowing service to the Airport, f~;~,, and Public Works, effective October 1, 1994. Ao BID REVIEW AND TABULATION Lot Mowing - City Wide VENDOR Airport Parks Palmetto Tractor Service Palm Bay Lawn & Land Service Total PHK, Inc. $ 4,000 Vero Property Mgmt., Inc. $10,600 $19,080 $133,545 $156,625 $314,400 $339,985 Lowest Bid $ 9,000 No Bid $133,440 $142,440 No Bid $15,540 No Bid $ 15,540 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589~5570 SUBJECT: Florida Department of Corrections Interagency/Public Works agreement Approved for Submittal By: City Manager ~.~~. ~ ) Agenda No. ) ) Dept. Origin ENG/PW ) ) Date Submitted 08-05-94 ) ) For Agenda of 08-10-94 ) ) Exhibits: Copy of Agreement ) ) EXPENDITURE REQUIRED: $ 0 AMOUNT BUDGETED: $ 0 APPROPRIATION REQUIRED: 0 SUMMARY STATEMENT The Department of Corrections has requested an Interagency Agreement be approved and signed by the City of Sebastian in order to continue to supply us with Inmate labor force workers. This program has allowed us to clean several ditches which otherwise due to lack of manpower would not get done in a timely manner since they all were required to be done by hand. Also the Inmate Labor Force assisted in laying the sod on the new football field at Barber Street and it is our intention to use them on a continual basis for these same types of projects. The Agreement is exactly the same as the last agreement authorized by the City Council in October 1992 with the exception of number two which states they will supDly laborers each day instead of 1 day weekly. RECOMMENDED ACTION Move to approve the agreement and authorize staff to execute same. INDIAN RIVER I CORRECTIONAL 1 INSTITUTION CmL S I 7~J25 ]7th Street, S.W., Veto Beach, Florida 32968 * Telepho,,~': (407) 569-5100 FAX: (407) 770-3551 July 1, 1994 Mr. Dan Eckis P.O. Box 730127 Sebastian FL 32978 Re: Interagency/Public Works Agreement Dear Mr. Eckis: In accordance with Florida Statute 946.40 and Department of Corrections Rule, Chapter 33-3.003 and 33-3.017, the attached agreement is submitted for your review and signature. The contact persons overseeing this program at Indian River Correctional Institution are Lt. Bobby Dobson and Mr. Steve Kegerreis. They can be reached at 569-5100, extensions 205 and 248 respectively. The Department continues to have as one of its goals work programs that provide support for the community as well as productive opportunities for the inmate population. We are pleased to participate with you in this program and request that you contact us, at anytime, if you have concerns or questions about the execution of this agreement. Respectfully, Thomas A. Crews, Superintendent Indian River Correctional Institution TAC/pm cc: Charles Matthews Major McDonald Steve Kegerreis FLORIBA DEP~ OF CORReCtIONS INTERAG~CY/PUBLIC WORKS This agreement made and entered into this ~ day of July 19 94, by and between the State of Florida Department of Corrections' facility ~nd~an R~ver Correct~on~] ln.~t~t.t~on , hereinafter referred to as Corrections, ~ Q~t? Of Sebastian. Florida , hereinafter referred to as the Agency, is done so in accordance with ~hapter 946.40 Florida Statutss, and Rules of the D~artment of Corrections, Chapter 33 - 3.003 and 33 - 3.017, providing for the use of inmate labor in public works. the left of each appropriate number. Ail other items are r~ De marked "N/A" the left of the number. i X 1. ~ly screen the ir~ates for .the work to be perfo~ and to provide a reasonable basis to believe that none present a danger to prop~ or persons. . 2. Pr~.ide .... ? ~, ~/medium custody irm~tes each workday for a- I LX peri.od of 1 y,~ . · I ~ 3. Provlde _ ! vehicles and 1~ Correctional Officers e~. _ch workday, to transport inma .t~ assigned to the Agency and to provide ~ 4. Provide food and clriJ,.k~ for irma~ lunches. lX'~blm n~mam. Corr~'t~.ons ~mll .l~....ow.de r.r~m~cJ-on ~rk site to the correctional facility for inmates who refuse to i ~, become unable to work,~or cause a disruption in the work schedule. I adminis~ all . action taken x 6. Be .respcnsibl. e for disciplinary against an lrmmte for infractions co. mitred while under the x N/A supervision of the Agency. 7. Provide for medical treatment for ill or injured inmates and shal~ provide for transportation of such inmates. 8. Provide a minimum of 16 hours of orientation and training to non- corrections perso~l prior to their assuming supervisory i N/A 9. Notify the Agency in the event one of their employees fails to provide proper supervision of inroad. I supervis~ offenders. I responsibility of,an inmate, squad. Training will be in accordance with corrections guidelLnes for nora-dental personnel i t Pag9 2 X 10. Provide inmates with all personal 1terns of clothing appropriate for~ the s~on of the year' . +.{~ r~l ess of temperature or Inclement wea , ~:.~...%~.17_-/J_ , ..... ~ ~-nended work ~erations. The only_ ov~e~nn may be~ conditions w~cn woul~ mreacn guru ~=~u~ -~-.r.---- · ~ . · ' the · ~ practices, in which case Correctlons shall notify A~ency N/A 12. Other (attached additional page if necessary). II. N/A N/A N/A N/A N/A inmates in acco~ with DC rules andl 2. Provide supervision of ..... ~.. have a criminal record check cc~ple~ Dy corrections przor ~u~ superv~ irmates. ~ on the find/n~s, the Super~ent or his designee shall approve or disapprove, in his d/scretion, al~ 3. Provide transportation of inmates to and f.r~ work if. such is not~ provided by Correcti~ as agr? to in Sectzon I of this Agr~,~,~nt.I 4. Provide all tools, equipment, materials and persona.1 items gloves, rubber boots, hard hats, etc., necessary ar~ apprcprz perform the rep, ired work. Immediately notify Corrections in the event of an escape while un~.~ 5. ___--.~-;2% ~ J~ ~.~. ~mncrt any inappropriate behavio~ an acceptable manner. 6. Record daily the number of hours worked by inmates, using f provided by Corrections and Corrections. 7. ReDort all inmate injuries, regardless of how minor in n~.ture, _t~ by the inmate shall be reported to Correctzons as soon as pracuzca . Revised 19931 i. Inmate Labor Agreement Page 3 In cases of emerge, first aid, within the scope of the supervisor's medical training, shall be provided and assistance rendered to Corrections. Provide inmates with a fifteen minute rest break in the mornimg and a fifteen minute rest break in the afternoon. Lunc~ breaks shall be 30 minutes from 12 noon to 12:30 p.m. immediately a~ailable to .re~. er assz~, in .cases where nne squa supervisor is of the opposite sex as t~e inmate. I N/A 10. Require and make available e~.ch inmate supervisor and .c~h. er rele. v~n. t .... staff member~ to attend a minimum of 16 hours orientation training for non-Oorrections personnel prior to their assuming supervision of and hold CDrrec~ons harmless frc~ all cla_n~.,., _sulks, 3.uc~g. __ ~ ,~.,-~aes incl,~ court costs and attorrmy s ~ees arising ou~ oz intentional acts, negligence or omissions by the Agency i supervision of inmates pursuant to this Agra. N__J_4_ 12. Other (attach additional page if necessary). I 19~ 94 i. A~reed to and signed this 6th day of . .~,,ly , · (Name 'of A~ Receiving Services) Title: Title: Title: Title: City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: AWARD BID FOR AIR QUALITY ) Agenda Number: MODIFICATIONS TO THE POLICE FACILITY Approval for Submittal By: City Manager ~_~_~ ~ Dept. Origin: Community Development Date Submitted: 08/04/94 For Agenda Of: 08/10/94 Exhibits: 1. Bid Tabulation 2. Bid Specifications EXPENDITURE REQUIRED: $43,746.00 AMOUNT BUDGETED: $65,420.00 APPROPRIATION REQUIRED: N/A SUMMARY STATEMENT At its regular meeting of May 11, 1994 the City Council concurred with Bailey Engineering Corporation's report and staff's recommendation to proceed with bidding the additional air quality modifications to the police facility. The bid was properly advertised and the City received five (5) sealed bids prior to the bid opening on August 1, 1994. The low bidder, Merritt Island Air & Heat, Inc., has provided a bid of $43,746.00 with no modifications, deductions or alternates. Staff and our Consulting Engineer, Ron Bailey, recommends that Merritt Island Air & Heat Inc. be awarded the bid to perform the necessary modifications to the police facility. RECOMMenDED Move to award the bid to Merritt island Air & Heat, Inc. in the amount of $43,746.00. AIR QUALITY MODIFICATIONS, POLICE FACILITY BID TABULATION Bids Opened August 1, 1994, 2:32 p.m. Contractor/Vendor Bid Merritt Island Air & Heat, Inc. $ 43,746.00 Genasys Mechanical Inc. $ 44,563.00 Climatic Corp. $ 45,880.00 Alternate $ 43,900.00 Weather Engineers Cooling & $ 46,900.00 Heating, Inc. Alternate $ 45,320.00 Sea Coast Air Conditioning & $ 56,800.00 Sheet Metal NO OTHER BIDS WERE RECEIVED Ventilation/H,~m~ dity Control Unit Specifications: Ventilation/humidity control unit shall be ETL or UL Listed and shall bear the rating agency label on entire unit assembly. Unit shall be shipped in one piece construction designed for outdoor installation complete with compressor section, supply fan section, condenser section, coil section, filter section and intake section with damper. Unit shall be weatherproof type without screw penetrations in horizontal plane cleaning and service access, with sufficient space inside the cabinet to make all piping connections and insulation coverings and space downstream of wet surface coils to allow for access to fin area for cleaning. BASE AND FR;~MEWORK The unit base,' casing and framework shall be painted with industrial enamel finish with built in rust inhibitors. Unit base shall be 11 gauge structural tubular steel fitted with cross members to support all interior components and equipped with lifting lugs for rigging. Framework structural members shall be heavy gauge angle iron arc welded to form a unitized assembly for support of coils, filter and accessories as required (construction that requires panels to support components shall not be acceptable). FLOOR The floor of the unit shall be double bottom construction in all conditioned sections with 18 gauge galvanized outer steel subfloor and 16 gauge galvanized inner steel over all surfaces with 1-1/2", 2#/ft3, Polyisocyanurate CFC-Free foam insulation between. DRAIN PANS The drain pans shall be 2" deep fabricated of' 16 gauge welded 304 stainless steel with 1-1/4" MPT copper pipe drain connections, and shall be pitched to provide full drainage of pan through bottom connection. Pans shall' be configured to allow washing of entire pan area while preventing accumulation of debris at bottom of pan. Stacked coils shall be furnished with 16 gauge welded 304 stainless steel intermediate drain pans with copper down spouts. CASING Unit shall be fabricated with double wall construction, with 18 gauge casing panels internally insulated with 1-1/2" thick, 2#/ft~, Polyisocyanurate CFC-Free foam insulation with an overall R Value of 8. All exposed surfaces such as angles, braces, etc. in contact with exterior surfaces shall be covered with insulation in such a manner to prevent condensation on the exterior casing. Insulation shall be Sebastian Police Department page 1 installed in such a manner as not to be disturbed if panel are removed. All insulation and accessories including adhesives shall have a composite fire and smoke hazard rating tested by ASTM E84, NFPA 225, and UL 723 not exceeding: Flame Spread 25, Smoke Developed 80. Outer casing panels shall be die formed, lock forming quality G-90 galvanized steel secured to framework with cad plated gasketed fasteners. All panels shall be gasketed with closed cell neoprene gasket and completely removable Without affecting the structural integrity of the unit. Welding on panels or external bolted standing seams shall not be acceptable. ACCESS DOORS Access doors in conditioned sections shall be double wall, flush mounted and fitted with Ventlok type cast aluminum cam-action handles which are operable from either side of the door. Access doors shall have extruded aluminuml frames fitted with EDPM rubber seals secured to the frame in a channel. Access door hinges shall be the heavy duty' stainless steel pin butt type attached to the access door and frame. Outdoor units shall include drip gutters over each access door. Filter sections that contain two or more filters shall have walk-in access. The fan section shall be provided with access doors that allow the removal of the fan and motor assembly. Coil sections shall have access doors that allow cleaning of drain pans and drains. Access doors in non-conditioned sections shall be single wall with hinges and fasteners as described. FANS The supply fan shall be Plenum type with airfoil blade, Class II, designed without an involute housing, with a turned, ground and polished solid steel shaft rated at maximum RPM below critical speed. Fan wheel drive sheaves shall be keyed to the shaft. Fan shall be rated in accordance with AMCA 210 for performance and AMCA 300 for sound. Bearings shall be pillow block, self aligning type ball or roller bearings selected for 200,000 hours average life under specified load and speed, conditions. Bearing lubrication lines shall be extended to access door side of unit for lubrication from one location. Fan shall be IRD balanced after assembly. The entire fan, drive and motor assembly SHALL hall be mounted on a heavy gauge angle iron frame designed to allow the entire fan assembly to slide out of unit through access doors. ian Police Department page 2 ISOLATION The entire supply air fan assembly shall be internally 1" deflection seismic spring isolated with neoprene flex connection factory furnished. MOTORS Motors shall be NEMA design B T-frame with open drip proof fan cooled enclosures, insulated for 40°C ambient continuous duty with ball bearings and 1.15 service factor. The motors shall be tested to IEEE standard 112 test method B and NEMA MG1 12.53. Each motor shall be mounted on an adjustable type motor mount inside the unit casing. DRIVES Fan V-belt drives shall be selected for a minimum belt horsepower capacity of 150% of the motor nameplate horsepower. Drives shall be protected by an enclosed metal guard that meets OSHA standards. CoNDENsER FANS Condenser fans shall be multi-blade axial airfoil propeller type, with blades and hub fabricated from 'corrosion resistant engineering grade resins, precision injection molded for maximum efficiency and strength. The blade shanks shall be fully supported by the hub, and pitch adjustment to be provided by a brass collar with set screw sonically inserted into the hub. A metal hub insert is to transfer the motor torque to the propeller. The complete propeller assembly shall be balanced and run tested at full speed. The fan assembly shall include a heavy gauge steel frame with elliptical spun orifice, steel motor supports and mounting plate all finished with a baked enamel. All hardware shall be zinc plated for corrosion resistance. Fan guards shall comply with OSHA safety specifications and shall be heavy gauge concentric wire rings welded to radial support struts finished with a baked polyester powder and bolted to stand-offs at reach corner for ease of removal. The fans SHALL hall be direct driven by 1160 rpm TEAO NEMA design B T-frame motors with permanently lubricated and sealed ball bearings. The fans shall be rated in accordance with AMCA 210 for performance. COILS Refrigerant coils shall be constructed'of .014" wall, 3/8" OD copper tubes mechanically bonded to .0045" thick formed aluminum fins. Headers shall be seamless copper with non-ferrous connections and 1/8" pipe vents and drains. Coil casings shall be 16 gauge die-formed galvanized steel with double-formed stacking flanges and 1-1/2" tube steel flanges. Coils shall have intermediate tube Sebastian Police Department page 3 support sheets approximately every 42" in length. Coils shall be leak tested at 315 lb.' pressure under water, suitable for 200 PSI working pressure and be manufacturer certified as complying with ARI Std 410. Distributors shall be venturi type. Hot water coils shall be constructed of .020" wall, 5/8" O.D. seamless copper tubes mechanically bonded to .006" thick formed aluminum fins. Ail coils shall be fully removable from the insulated coil section and shall be completely safed off in the air stream to prevent air bypass. Coils shall be supported by steel structural members in such fashion as to elevate coil and coil casing above the drain pan, preventing water collection on coil casing or supported members. REGENERATIVE COIL PACK HEAT EXCHANGER Unit shall be provided with a Regenerative Heat Pipe Coil Pack heat exchanger that shall provide a continuous amount of cooling and heat recovery that will not cause varying discharge air temperatures from the 'unit under varying load conditions. Heat exchanger coils shall be constructed of 1/2" minimum OD seamless copper tubes mechanically bonded to .0045" thick formed aluminum fins. Headers shall be seamless copper with non-ferrous connections and 1/8" pipe vents and drains. Coil casings shall be 16 gauge die-formed galvanized steel with double-formed stacking flanges and 1-1/2" tube steel flanges. The heat exchanger tubes shall be individually processed, charged, hermetically sealed and factory tested. The HeatPipe working fluid shall be classed as Group 1 in the American National Standard Safety Code for Mechanical Refrigeration. REFRIGERATION SYSTEM Compressors shall.be semi or fully hermetic reciprocating type with crankcase heaters and internal thermal overload protection and mounted on compressor manufacturer's rubber vibration isolators. Each compressor shall be on an isolated refrigerant circuit. Compressors operating at suction temperatures less than 40°F shall be provided with suction accumulators sized at not less than 50% of refrigerant volume of associated refrigeration circuit. Compressors shall be mounted in a compartment isolated from the process airstream to permit normal operation of the unit when the compartment is open and to prevent noise transmission into the supply airstream or building area. Each refrigerant circuit shall be controlled by a thermal expansion valve and include a liquid line filter drier, liquid line sight glass, liquid line solenoid valve, Schrader type service fittings on tian. Police Department page 4 both the high side and low pressure sides of the system, high and low pressure transmitter input into unit microprocessor controller, high pressure refrigerant relief valve and automatic pumpdown. Automatic hot gas bypass and hot gas line solenoid valve shall be provided for freeze protection on circuits that have evaporator temperatures lower than 40°F. Unit shall provide the total space latent cooling capacity shown on schedule under all ambient conditions between 93°F/80°F and-48OF/48OF dry bulb/wet bulb and shall maintain a constant discharge air temperature of 77°F dry bulb at rated airflow without the use of any external source of reheat. Units shall also modulate discharge air moisture level between .27" Hg and .45" Hg to maintain HVAC system return air moisture level of .45" Hg. Units shall have total and part load power consumptions no greater than that shown on performance schedule while maintaining constant discharge air temperature. Manufacturers supplying units with power consumption greater than this requirement shall pay owner for all additional operating costs incurred over a twenty year life cycle. Unit shall maintain a constant discharge air temperature of 77°F dry bulb at rated airflow and outdoor conditions between 93°F/80°F and 55°F/55°F dry bulb/wet bulb without the use of any external source of reheat. Units shall also modulate discharge air moisture level between .27"Hg and .45" Hg to maintain HVAC system return air moisture level of .45" Hg. Units shall include an internal bypass damper section and static pressure controls that allows bypass of air from fan section back to intake side of unit to provide airflow reduction to the occupied space while maintaining constant volume and face velocity across coils. DAMPERS,. Units shall be provided with outside and bypass air dampers in a built in intake box assembly. Dampers shall be extruded aluminum, low leak type, with parallel blades. All dampers to be furnished and mounted in the units. Top and bottom jamb seals shall be 16 gauge galvanized steel angles. Damper frame shall be 16 gauge double die-formed galvanized sheet metal. Blades shall be 6" wide x 72" max length (per blade). Damper shafts shall be 1/2" square stainless steel mounted in nylon bearings for a positive, no-slip control. FILTERS Units shall be furnished with 2" Farr 30./30 pleated media prefilters and 6" Farr Riga-Flo 15 65% efficiency pleated type Class Sebastian Police Department page 5 2 media mounted in galvanized rails with side load service. Unit shall be furnished with a Dwyer #2001 magnahelic filter gauge with screw operated zero adjustment, (1") inch range. The gauge shall be mounted in a service compartment with access door to prevent weather erosion of gauge and tubing. Static taps shall be mounted to allow for a reading of the total pressure drop of filter bank. ELECTRICAL - MOTOR CONTROL/STARTER PACKAGE Each unit shall be equipped' with a motor control/starter package which includes a metal enclosure with hinged door, built-in main power disconnect switch, disconnect defect mechanism, external unit H-O-A Selector switch, magnetic NEMA sized across-the-line starters, programmable microprocessor controller, 3 phase overload protection, auxiliary contacts, smoke alarm interlock contacts for unit shut-off, individual motor fuse protection, surge protection, 24 Volt internal control transformer, transformer fusing, numbered terminal blocks and 13 amp GFI circuit with receptacle mounted and wired. All 'wiring in the enclosure and to fan motor and compressor shall'be THHN stranded copper wires - 600 volt rated. Enclosure to motor wiring shall be run in flexible metal conduit. The control enclosure shall be mounted in a compartment with' access door isolated from the process air stream and the outdoors to prevent exposure to external conditions. SYSTEM MICROPROCEssoR CONTROLLER The Microprocessor Control Unit (MCU) shall be a stand-alone, fully flexible microprocessor panel for monitoring, control, real time- based scheduling, trend logging and alarm notification. The MCU shall communicate to all other MCU devices and support color graphics. The MCU shall be panel mounted inthe unit electrical control/starter panel, shall be UL listed, have an 80C552, 8 bit, 12 Mhz microprocessor, 32K battery backed up RAM, non-volatile EEPROM memory, 16 key keypad and 4 line by 20 character backlit LCD menu driven display of operating parameters, dual level password access, alarm history screen, automatic daylight savings time fall back-spring forward scheduling, battery backed up clock, RS232 port' for host. computer operating at 9600 baud, RS485 long distance communications ports operating at 38,400 baud, one serial port for alarm print-out, modem with programming for automatic call out notification on alarm of all MCU's in communication, fused isolation of digital' inputs and outputs and power requirements of 24 VAC, 50/60 Hz, 120 VA. The microprocessor controller shall provide the following functions: opening and closing of outside and bypass air dampers; sequencing of Sebastian Police Department page 6 supply air and condenser fans; control over IVBC device; sequencing of compressors; separate and distinct control of ventilation cooling and space dehumidification; time delay relay/anti-short cycle protection of compressors; alarm notification and historical data recording; and interlock of supply fan that prevents operation of the fan should the access door to the fan section be opened. The programming shall include real time color graphics representation of the unit's operation and at points, and one year remote monitoring and trend log reporting shall be included. Each unit shall be provided with combination temperature/humidity sensors for remote mounting 'in the return air ductwork of each building served by unit as shown on plans. ALARM AND HISTORICAL TREND LOGGING The microprocessor shall provide a digital output alarm signal and record historical data for the following conditions: Air flow is below requirement when fan motor is called for. Space dew point is >550F when unit is in operation is called for. Compressors do not operate when called for. Compressor high pressure switch is open and stops compressor. Compressor low pressure switch is open and stops compressor in a failure mode. Compressor overload is open and motor operation is called for.. Fan overload is open and motor operation is called for. CO2 levels in the building ~nd outside air Trend Log. Outside air CFM supplied to~ space Trend Log. DAMPER ACTUATORS Actuators shall be 24 VAC electronic type, shall accept either three point floating or voltage or current analog input, have adjustable angle of rotation form 0° to 90° and reversible direction of rotation. The actuator shall have manual over-ride clutch accessible at the top of the actuator that allows manual positioning of valve in the event power or input signal to actuator is lost. Once power or input signal is restored, actuator shall automatically return to controlled position. Actuators shall be UL listed and rated for use in return air plenum. Outside air dampers shall be provided with individual shaft mount type actuators that incorporate spring return that returns dampers to full closed position on loss of power. Sebastian Police Department page 7 CO2 SENSORS Each ventilation/humidity control unit shall be provided with CO2 sensors that provide an analog output signal based on sensed levels of CO2. CO2 sensors shall be provided for each unit and each building served by units as shown on plans. The analog output signal from the sensors shall be monitored with a detailed historical log output provided by the unit microprocessor panel. A 4 digit LED meter shall be provided on unit control panel to read CO2 levels of both sensors. START-UP AND FIRST YEAR WARRANTY Unit manufacturer shall provide start-up and owner training on units at completion of installation. Start-up shall include termination of control interlock wires from duct humidity sensors and smoke detectors, calibration of all sensors and drives, adjustment of setpoints and refrigeration system, written report on system operation and four copies of installation, operation and maintenance manuals. Unit manufacturer shall provide first year on-site warranty service. At the end of the first year warranty period, unit manufacturer will perform a recalibration of entire unit and associated sensors and provide written report to owner. Filter and belt replacements and changeouts are not included in warranty service and are responsibility of the owner. FACTORY.TESTING Ail units shall have factory performance test performed with climatic conditions equal to those at project site. Test shall be performed in such a manner that demonstrates part load and full load performance and power consumption, and shall be witnessed by owners representative. Units not meeting performance, power consumption or quality specifications will not be accepted by owner. Manufacturer shall provide transportation and lodging for owners representatives for witness test. SUBMITTAL A complete submittal on each unit detailing unit dimensions, all components, unit and component performance characteristics, unit wiring diagrams, operating sequence, installation/operation and maintenance manual and previous project experience shall be provided to architect/engineer fourteen (14) days prior to bid date for prior approval. Manufacturer shall demonstrate suitable experience with local installations of packaged, compressorized ventilation/humidity control applications at these conditions, and units must meet quality and performance standards outlined herein to be acceptable. Basis of design is CTSI Corporation MoistuRe-Remover. tian Police Department page 8 City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FOR L. I. TREE SERVICE Approved For Submittal By: CityManager // ) Dept. Origin: Community Development/~ ) Date Submitted: 0..7/27/94 For Agenda Of: , o8/ o/94 Exhibits: Land clearing application. 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, L. I. Tree Service is requesting removal of one 21" specimen pine tree, located at 221 Delmonte Road, Lot 35, Block 493 Sebastian Highlands Unit 15. The tree is a hazard to the existing house. The specimen tree in question is approximately 12 feet from the house. Branches from the tree overhang their house as well as their neighbor's house. The tree is also leaning towards the neighbor's house and they are concerned about it falling over in a storm. RECOMMENDED ACTION Move to approve the removal of the specimen tree located at 221 Delmonte Road, Lot 35, Block 493, Unit 15. CITY OF SEBASTIAN / APPLICATION FOR CLEARING AN___~D REMOVAL AND/O_~R RELOCATION OF TREES STREET AD~3RESS: ~2/ ~'/,-/FW~-- ~ ~ · LOT NO.: ~.~ BLOCK NO.: ~ UNIT NO.: I $ ~ CONTRACTOR: ~ ~ ~"WV~,-' ADDRESS: Po ~ PHONE: S $ q SUB-CONTRACTOR: ~_._3 ZIP: ADDRESS: PHONE: REASON FOR THE PERMIT OWNER OF PROPERTY: PHONE NO.: I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development code ( Article XIV ) Signature APPLICATION MUST INCLUDE: 1. On a survey, locate all specime~ trees (20 inch diameter or more). Indicate which trees to be removed and/or relocated. Indicate the species of each tree. All.specimen trees (20 inch 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. Applicant must tag all specimen trees with a bright ribbon around the tree approximately 6 feet above the grade· .! office Use Only SITE INSPECTION BY: C~ ~' ~/-~'~"-~- DATE:, APPROVED FOR PERMIT: YES: NO: MUST OBTAIN CITY COUNCIL APPROVAL: YES: IF YES, DATE OF CITY COUNCIL APPROVAL: · NO: ~d I.P. I 10' P,U. k D;F_ Fd. I.P. · 'z,.'l, I. .b~,.t4~lT'E, fl~/P_.... ," '. LOT 11 City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FROM AMERON HOMES Approved For Submittal By: City Manager ~_~/5 ~ Agenda Number: ~,~& Dept. Origin: Community Qevelopment ~. Date Submitted: 08/03/94 (BC~ For Agenda Of: 08/10/94 Exhibits: Tree removal 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, Ameron Homes, Inc., is requesting removal of one specimen pine tree with a 24" diameter, located at 76 Joy Haven Drive (Lot 18, Block 460, Sebastian Highlands Unit 17). The tree is located in the pad of the proposed house. RECOMMENDED ACTION Move to approve the removal of the specimen tree located on Lot 18, Block 460, Sebastian Highlands Unit 17. C_~IT_~2 O.__F SEDASTIAN / APPI, ICATION FOR CLEAIiING AND ~EHOVA~ AND/OIl ~E~CATION OF T~EEg LOT NO.~ ' ?g" DI,OCK NU.~ ' ~60 UNIT NU.~ sum) I v ~ s ~ ON ~ ' S~Srl~ CONTRhCTOII n ~n~o~t Ilom~ Dm P,tm~ ~_~_ ~_~~. .... _ ............ ~U~-CONTRACTO~ l 3.G. ~RuCKI~G aDDR~SS:~ FE&LS~E~ 'FL ziP, ' ~ PlIONE ~ J~ 7,.~ 71,0537 AI)DRESS~ ~43~" 3~. CT--~O'~EACH .... "FL ................ Z] P~ '~2960 that all work will be do,e j.~ eompliat, ee with the Land llevelopi, e,t Code ( Article 1. O. a stlrvey, locate all specimen treen 120 diameter or morel. X,dl~ate whj. uh ~rees ~o be remove,] and/or relocated. ].-dieate ~he -peeJe. each bree. AIl .peel. men ~ree~ (20 1,eh diameLer more) bo I,e removed or relocated mu.t obtain the approval of the Sebastian Clt:y Coonej I. A s-rvey l,dJeatln~l all Improvements must be m]bm[bl:ed relation to ~he removal oE the specimen ~rees. 2. ApplJ. ca,t Inu~t Lag ail ;peujmelt trees wJLh a I~rJ~ht ribbon arou,d I:he Lree .l',Prox.imate]y 6 ;eet above the grade. - O[flee Use Only SITE iNSPECTION BY: ~ ,o APPROVED FOR PERMIT~ YES{ NO{ IF YES, ~ATE OF CIIY COUNCil, APPlIOVAI,: I i I i I I I i I I i I I I I I i ~l~l ~ ~ I~1~ ~ ~ ~I ~,,.~ / /I ' ~ II / / ,20 ' PLOT PLANS NOT .... E _.../ PLAT 0F SURVEY FOR' [llvatlofll blied e~ ~ kSs~p ~kl~ ~ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FROM FRATERNAL ) ORDER OF POLICE TO UTILIZE ) RIVERVIEW PARK NORTH FOR A CARNIVAL) ) Approved For Submittal By: City Manager ~~ Agenda Number: ~.~0~ Dept. Origin: Community Development ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) 08/03/94 08/10/94 Letter dated 7-6-94 from Joseph Scarpa EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Fraternal Order of Police Sebastian River Lodge 139 is requesting permission from the City Council to utilize Riverview Park North for a carnival from Monday, October 10, 1994 through Sunday, October 16, 1994. RECOMMENDED ACTION Move to approve the request from the Fraternal Order of Police to utilize Riverview Park North on October 10 through October 16, 1994. This approval is subject to the following conditions: 1. $100.00 Security Deposit 2. Applicant must provide a copy of insurance regarding general liability. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. Ail displays must be clear of the sidewalks and entrance ways. 6. Applicant must contact the Health Department regarding the sale of food. 7. Applicant must contact Chief Petty regarding the amount of off-dut~l_~ police officers that would be needed for this event, at the / _ ~ applicant's expense. ]P.O. Box 782123 Sebastian, Florida 32978 139 6 July 1994 Subject: Request the Use of City Property located on SR-512 & Indian River Drive Behind the Shell Food Mart for a Carnival during the period October 10 thru 16, 1994. TO :. Joel L. Koford, City Manager, Sebastian Florida. City of Sebastian, Mayor & City Council. 1. The Sebastian Fraternal Order of Police would like to hold its Annual Fund raising Carnival during the month of October 10 thru 16, 1994. 2. Request the use of city property located on Indian River Drive and CR-512 for this carnival. 3. As you are aware most of the money goes back into the city to support our sebastian softball teams and city employees in t~me of need along with supporting our organization. 4. The membership request a waiver on any fees due to very low budget. 5. Our organization will provide you the necessary Insurance, Security, Garbage pickup, & Cleanup as done in the past. Sincerely City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 Mr. Joseph F. Scarpa FOP Chairman 124 Englar Drive Sebastian, Fl 32958 July 28,1994 Dear Mr. Scm'pa: Your request to utilJTe City property on Indian River Drive and Fellsmere Road (CR512) for your annual carnival will be presented to City Council during their regular scheduled meeting on August 10, 1994. I would suggest that you or another representative be present to respond in the event members of City Council have questions. Sincerely, City Manager cc: JLK/sg City of Sebastian I 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Water & Wastewater Master Plan - Final Report Approval for Su~b~ittal City Manager~ AGENDA NO. ~.~/~ Dept. of Origin Utilities Utilities Directo~-~,/~ Date Submitted: 8/03/94 For Agenda Of: 8/10/94 Exhibits: - Water & Wastewater Master Plan - Final Report by Hartman & Associates EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The final report of the City's Water and Wastewater Master Plan has been completed by Hartman & Associates, Inc., the City's water and wastewater consultants. Recommendations have been made concerning the improvements to be made as well as expansion of the water and wastewater systems over the next 10 years. Section 8, 9, and 10 provide the specific details as well as a chronological schedule of projects. Hal Sclmfidt, Vice President, m~d Gary Revoir, Project Manager, plan to attend the August 10th Council Meeting to make the fmal presentation and respond to questions posed by the Council and general public. RECOMMENDED ACTION It is recommended that Council approve the Master Water and Wastewater Plan subject to any revisions or modifications which may be adopted by Council. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Health Insurance Proposal Approval For Submittal By: City Manager ' AGENDA NO. ~?t. / & / Dept. Origin: Joel L. Koford City Manager Date Submitted: 7/21/94 For Agenda Of: 7/27/94 Exhibits: - Resolution No. R-94-40 Contract Application EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $305,000* BUDGETED: $472,477 REQUIRED: $305,000 SUMMARY The Council reviewed information submitted by the Health Insurance Committee at the Workshop Council Meeting of July 6, 1994. After reviewing the information and asking questions of Steven Barden, Representative from Blue Cross/Blue Shield and of the Personnel Director, the Council requested that the recommendation of the Committee be placed on the agenda for the July 27th Council Meeting. Attached is R-94-40 approving the Contract Application with Blue Cross/Blue Shield. RECOMMENDATION Move to approve the recommendations of the City's Health insurance Committee regarding the bid for health insurance and adopt Resolution R-94-40 authorizing the City Manager to execute the Contract Application. ~ * Approximate figure RESOLUTION NO. R-94-40 ' A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN BLUE CROSS/BLUE SHIELD HEALTH INSURANCE BENEFITS; AUTHORIZING THE CITY MANAGER TO SIGN, ON BEHALF OF THE CITY OF SEBASTIAN~ THE CONTRACT APPLICATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian needs to provide its employees with health insurance benefits; and WHEREAS, the City Council feels that Blue Cross/Blue Shield will provide the benefits at a reasonable cost and maintain those costs to the maximum extent possible. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Sebastian, Indian River County, Florida, that: SECTION 1.. The City Manager of the City of Sebastian, Indian River County, Florida, is hereby authorized to execute the Blue Cross/Blue Shield Health Insurance "Contract Application", on behalf of the City, a copy of the "Contract Application" having been attached to this Resolution as Exhibit "A" and by this reference incorporated herein. SECTION 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. 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 the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect October 1, 1994. The foregoing Resolution was Councilmember Councilmember vote, the vote was as follows: Mayor Arthur Firtion Vice Mayor Carolyn Corum Councilmember Norma Damp Councilmember Robert Freeland Councilmember Frank Oberbeck moved for adoption by . The motion was seconded by and, upon being put into a adopted this The Mayor thereupon declared this Resolution duly passed and day of , 1994. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney Application for -, GROUP CONTRACT ('True Group App.) [] Now [] Renewa~ [] other: [] c~,~up ,: [] o.,..: la. APPLiCANT ' LIS1 below &ubiidim~ or Iffilllted c~mpante~ w~e emp~yeei are t0 be ellg~lm an~ I~lual~ with this ~l~tion. NAME ' ADDRESS ADplloanl hereby applies for Blue Cross end Slue Shield of F~)rJ(~s, Inc. (Herein mferre0 tu aa M~BSF) ~roup Contre~ (h~roin relerred to OS If~e (~ Upon acMptan=e of ~his ~p~tlon ~ IC~SF, It will ~ pan ~ the ~ntreot I6$ue~ to the appli~nt name0 above, C. The Contta~ ~neflt$ do not ~ver any $e~i~ Or BUpp~ ~ dlagho~ or teem any ~ndffio~ mlulflng from or In ~rte~io~ witl~ an Iniured'a j( indiv~ual who bioGI~ exempliQn from W0~er's ~0~nsation ~verage or ~o waJ~l entillement tu WuWer's Cum~e~lton ben~fltl f~t which O, Workee's C~pensatlon ear,er Is ~~ ~a~e Of C~ J IL ~FFECTIV-E CATE / EUGIBILI~ A, Effective date of this contract shell be ]-~-]-94 ' ': The Contract may be lermlnat applicant Or ECBSF by giving at Jealt 45 S.Only active employees who regularly work upon the Effective Date of thil Contract, C. Specify cles.elfication of enrollees lot wll~n cover-,ge le being requested, If other then empMoyees as cleacr,Oed in B above, D. Eligible new employees may be covered after 60 ]:N~v~, ........ Clays of omplI so lc~g aS the employee eubml~ an application Io IBCESP wlth'~n 30 day~ 01 the alto I~ i~vidual/Itel seem the applicablo eligi~llity (equlrement~. E, At lea~t' 7~ % of (he eligible employees and % of the ea~ble Oependents must be enrolled under the oontraet On the Du~l Option Opel th. o, ,.. ,,o F. Enrollmenl ~ata: Empleyee~ Employees wl~n Oependen~ G. BCB~F/hill have the Hght ~ IuOit the appl~l~l ~ymll ~s ~t ~ny t~ to confi~ eligJbJJJ~ fo( coverage: applicant agrees tO lurnilh any Suoh upon request. J ill. HEALS PLAN SUMMARY (eel~t the eppmp~l~e ~[e]): IV, M~NDATED BENEFITS 6EEECTED A, Traditional ~ Basic [] Comprehensive Option # __ ~'] Standard r-J Non-Sta~a~ E, Small Employer HeelI~ Ca~ ~neflts O~n · F. DAP Dental: ~SMndar0 ~Nun-Stenda~ ~WIth O~h~onli~ DWlthout Opllonal Mandated Benefits Offerings . Applicant been edvleeel of the following benefil off,flags: or de~ine 1~o$e benefit6 is Indicate0 ~elow. ~ Mental & Ne~ou$ Oiso~er* Alcohol & Drug Depencleflcy' G. Type Contras (including Summary of Blnaflm) I-~ ~ Other S~d~ ~ V. RIDER 6~0~s J Vi. PRE~XISnNG *s~ ~sa~ ~et~ ~~ ~a2~/s' ~~ ~ b, ~) l (,~. ~x] ~,,~ [ ~ Drug 0s~ Program I~ Wi~ Abet I~lial Enrolls delermined: (option& may be subject tO Home Office approval) 1. Select one: [] Monthly ["] Quarterly ~1 Regulor Billing - Employee ~lcatione o~u~ be submltte~ thl~ (30) days p~or lo Toble Rating Premiums (A~.~c~ the prop{Mai benefll and rets DO el:~clel funding arrangements apply? If a Special Funding Arrangement applies to this oontricl, the ~0~llflg ah~ Retention Agreement is made a pa~ of this ~nl~ot, ~fltHbuUon Employee S S S 208. Em~oyoo i Spouse $ S E~IMe / Claim(mn) $ S S TI~e rato,~ established for this contre0t will not be changed for the first twelve (12) months following the initial effeofive dam of C0verege, However, ElluoCro~ n (43)change~'laysth°priorrelest0 whlchthelr effectiveere io bodele.effeolive attar this initial twelve (12) mOl'~tlt pened of coverage by providing notice lo the employer of such chengeo' rates fon~l [ VIII. APPLICANT RESPON$1rlILITIESi I A. Tho opplI=ent shall: l))cNotify each enrollee to the benefits ~lected by the applicant their effeetlvo dare and the termlnallon date of ooverego (in tt~i5 reg&ro applicant acts omphy of any changes tn the eligibility el enrollees ~red under mis agmomem. 4) Lis( any a~nleos al the lime 01 Initial ~nrollmem online ~r~ ColleGI en~llee contribution Jf required and renal p~mJum My~nl lo B~B~F a~ ~pecifled above tn S~ion VII. ~aios, B.holpilaJAPplicant=are,here~or benefiteeltabllelle&ln thomnevenlE~Yeeof SiokneGs.We~re 80nofit PlJn for lng purp05e of PraiSing for Its employees or their b.rteflciarios medical. $ur~ IIX. FIN'~ PREMIUm8, BENEF~S AND brr=CTiVE DA~$ AREBu~ECT TO APPROVAL BY BLUE CRO~ CORPORA~ H~OUARTERS Jssuon~e ct the contre~ by BC:BSF will be deemed acceplanoe of this application, /,-%. IT~ - ST~ POS PI'.s-N 32 RX 3/5 NEW GROUP ItEALTH PLAN WITIi BLUE CROSS ND BLUE SHII,.'I,i) The new plan allows you freedom of access to all hospitals and doctors. However, if you use Preferred Patient Cate (PPC) hospitals and doctors, then you receive improved benefits. A ~iirectory of these PPC hospitals' and doctors will be provided to you. PPC hospitals and doctors have .agreed to lower prices for services and they. will file claims for you. Lifetime Maximum $1,000,000.00 Deductible (per person) $300. per calendar year q'~ (2) per family. Hospital Services 80% with PPC provider 70% ~_al!owance with all ~ther providers. Physician Services 80% with PI'C provider. 70% ~0.c_c with all othelr p. rovidcrs. Accident Benefit 100% of allowance to $500.00 Then deductible ~ 80% or 70% Prescription Drugs. $3 ceneric thc~ 100% $5 l~'and then 3.00% Maximum Out of Pocket Coinsurance Expense $1,000.00 then 100% Per Admission Deductible $200.00 pec admission lo non I'I'C. hospitals only. All Admission Certification Mandatory Second Surgical Opinion PPC nelwol*k. Required only outside lite City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Airport Lease Approval For Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. 9¥ o2 Dept. Origin: Joel L. Koford City Manager Date Submitted: 8//04/94 For Agenda Of: 8/10/94 Exhibits: - Proposed Airport Lease / Brian E. Barry EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY In order to proceed with the attached proposed Airport Lease between the City of Sebastian and Brian E. Barry, tentative approval must be granted by City Council pending Planning and Zoning site plan review. After Planning and Zoning site plan review, the proposed lease will be forwarded back to City Council for final approval. RECOMMENDATION Approve proposed Airport Lease between the City of Sebastian and Brian E. Barry pending Planning and ZOning Review. LEASE THIS LEASE, made and entered into this 3rd day of Au~ust 19 94, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, referred to as the "Landlord"), and Brian E. Barry a (hereinafter corporation, '1 I I maintaining its principal office and Sebastian , referred to as the "Tenant") and place of Florida, business' in I (hereinafter (hereinafter referred to as "Guarantors"). , as Guarantor(s) The Landlord, the Tenant, and the Guarantors are sometimes collectively referred to I herein as the "parties". WITNES SETH : i WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and WHEREAS, the Guarantors constitute all of the shareholders of the Tenant and they each will benefit if the Landlord enters into the Lease with the Tenant; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED pREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). 3. ~E.RM OF LEASE. The term of this Lease shall be for a period of twenty (20) years commencing sixty (60) days after the date the Tenant executes this Lease and will end on the twentieth (20th) anniversary of such date. So long as the Tenant is not in default of any term, condition or covenant provided in this Lease Agreement, including any addendum hereto, the Tenant shall have the option to renew this Lease for one (1) additional twenty (20) year term (the "Option Term") by providing the Landlord with written 2 notice of the Tenant's decision to exercise his option no le~s than one hundred eighty (180) days and no more than two hundred ten (210) days prior to the expiration of the initial term of this Lease. All other provisions of this Lease Agreement shall apply during the Option Term; provided, however, the yearly rent during the Option Term shall be in an amount determined by the Landlord by and through the City Council of the City of Sebastian, including the method for I calculating annual adjustments thereto. RENT. The parties agree that the rent, payable by the I 4. Tenant, during the term of this Lease shall be as follows: (a) For the leased premises the yearly rent shall be one ~ thousand two hundred dollars ($1,200.00) per acre. The Landlord recognizes that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In July of 1996, 2001 and every five years thereafter the Landlord will compare the base price index for December of 1991 and the yearly rent amount shall be increased (or decreased) on December 1, 1996, and every five years thereafter in the same proportion as said July index has increased (or decreased) over (or under) the price index for December, 1991, or for December, five years earlier. In no event, however, shall the rent decrease below the sum of $1,200 per acre. (b) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (c) The above rental for the leased premises shall be payable in advance, in monthly installments, commencing from the date of commencement of this Lease, as described in Section 2 (above) and on a like day of every month thereafter during the term 6f this Lease. 5. FUEL FLOWAGE FEE. (a) In addition to the rent due hereunder, the Tenant and any sublessee of Tenant, shall also pay to the Landlord the following sums, which shall not be rent for the leased premises, but shall be collected by the Landlord from the Tenant, and any sublessee of the Tenant, at the time of delivery at the Airport: Two cents per gallon on all aviation fuels delivered to the Tenant,~ or to any sublessee of the Tenant, at the Airport (the preceding charge per gallon shall be subject to change at any time by Landlord as determined by resolution of the City Council of Sebastian. Such change shall become effective immediately upon delivery of written notice thereof to Tenant). (b) The Tenant and any sublessee of the Tenant shall furnish to the Landlord written detailed monthly statements showing the total amount of aviation fuels delivered to the Tenant, or any sublessee of the Tenant, at the Airport. Said statements shall be furnished no later than the 15th day of each month during the time this Lease shall be in force. The Tenant agrees, both on behalf of itself and any sublessee of the Tenant, that said amounts may be collected by the Landlord from the Tenant, or any sublessee of the Tenant, in the same manner as rent. (c) The monthly statements referred to in the foregoing subparagraphs pertain only to operations conducted at the Airport and exclude any operations of the Tenant, or any sublessee of the Tenant, conducted at other locations. (d) The Tenant, or any sublessee of the Tenant, shall further retain upon the leased premises all delivery bills, invoices and related records pertaining to all aviation fuels delivered to I the Tenant, or to any such sublessee, and shall Produce and make available such books and records upon request by the Landlord for purpose of auditing payments to the Landlord as provided h.ar(.~i:~above. Such books, records and other documents shall be made available for inspection to representatives of the Landlord within 15 days of written notice to the Tenant or any sublessee of the Tenant. If said inspection reveals that payments to the Landlord are in error, by more than 2%, then Tenant shall pay the additional amount owing to Landlord plus all costs of said inspection. 6. IMPROVEMENTS TO THE pREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the purposes described in Paragraph 7 below, and that in order to utilize the leased premises for this purpose, it will be necessary to erect thereon a building and other improvements, to be constructed by the Tenant upon the leased premises at the Tenant's sole cost and expense and to comply with all applicable rules, laws, regulations and requirements pertaining thereto. (a) The Tenant shall have the right to use the leased premises for any lawful purpose associated with the use of aircraft and/or an airport to the extent described in Section 7 hereof, and shall have the right to construct upon the leased premises any buildings or other structures that may be proper for such use, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and 'agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from'any claims, losses, damages or'liens arising out of the construction of any such buildings or structures. (c) Ail improvements to the leased premises'shall, upon termination, of this Lease for any reason,' become the sole property of the Landlord without any further consideration from Landlord to Tenant. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. (d) In the event the Tenant is prohibited from obtaining a building permit or license to construct the improvements described below, within ninety (90) days from the date hereof, from the appropriate governmental authorities having jurisdiction over the leased premises, for reasons not caused by and beyond the control of the Tenant, this Lease shall be null and void and the Landlord and the Tenant shall have no obligation toward each other except as otherwise provided herein. (e) Attached hereto as Schedule "B" is a description of all improvements to be constructed on the leased premises by Tenant, including the date of commencement and completion required for each improvement. In the event that such improvements are not commenced on the applicable date set forth in Schedule "B", and thereafter completed on the applicable date set forth in Schedule "B", Landlord shall have the option to terminate this Lease and have no further obligations to Tenant hereunder. Such option shall be exercised within a reasonable time by written notice to Tenant. 7. use OF ~ PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the .leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used by the Tenant solely for the following purposes or uses: Aircraft Refurbishing and Rebuilding Landlord. reason. 8. obligated to maintain Any use of the leased premises other than those specifically stated above are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Such consent may be withheld by the Landlord for any ..~. PAIRS AND ALTERATIONS. The Landlord shall not be or repair the leased premises or any improvements located or any part hereof thereon during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises, in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, upon completion of the original improvements, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising cut of or in any way connected with such additions or renovations. 9. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure or the interruption of any such services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose 8 any reasonable restrictions as, in the sole discretion oS the Landlord, are deemed necessary. 11. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. Ail shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 12. INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, public liability and property damage insurance coverage with respect to the leased premises, including those portions of the said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. (Tenant agrees that Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately.) Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authoriZed to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both ~oody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Section 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request standard policies of of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 13. FIRE AND EXTENDED coVERAGE ~. The Tenant shall, at its sole cost and expense, procure and keep in effect such fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant Shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on 'the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Section 13 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 10 DAMAGE OR IAESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER ~CA.S%L%L~,~ in the event the building and/or other improvements ~ect~ on the premises are destroyed or damaged by fire or other ~asua.~.ty, the Tenant, at its option, agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the building/improvement being repaired replaced. (a) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall have two options: °rI i I 1. To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or 2. To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to' the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by .tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Section 15 shall survive the termination or cancellation of the Lease. 16. ENVIRONMENTAL MATT~. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of (i) any hazardous or 'toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants. This Section 16 shall survive the termination or cancellation of the Lease. 17. ~REVENTiON O.~ USE OF THE pREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those specific purposes identified in Section 6 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 18. ~ ~. Landing or any other type of .use of runway fees are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibite~ from charging any such fees, as the use of the Airport is for the general ~ublic. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 19. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the 'Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds 13 hinety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. EMINENT ~. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenants failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of "Abandonment" shall be determined .by the the leased premises. Landlord; 14 hereunder, (f) The Tenant or any guarantor of Tenant's obligations filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations' hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit which results in a lien being filed against to be done any act the leased premises or ~ the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County; (i) The liquidation, termination, dissolution the Tenant is a natural person) the death of the Tenant or (if or all I Guarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant submits, more than two times during the Lease term, a statement of aviation fuel sales that understates actual such sales by five percent or more; (1) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in I subparts a through k above. I ' Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from the date noti6e is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 22. IDENTITY O__F INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 23. ~OTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: 16 Landlord: Tenant: Guarantors: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Brian E. Barry i002 Sch~ann Drive S'eb~'tlan, FL provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 24. premises upon reasonable notice: (a) To inspect or protect the leased premises improvement to a property location thereon; (b) RIGHT TO INSPECT. The Landlord may enter the leased or any To determine whether the Tenant is complying .with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord ~dverse to the interest of the Tenant hereunder. 25. OWNERSHIP OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are Constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 26. GUARANTY. The Guarantors unconditionally and irrevocably guarantee the payment and performance of, and agree to pay and perform as primary obligor, all liabilities, obligations and duties (including but not limited to payment of rent) imposed upon the Tenant under the terms of the Lease as if Guarantors had executed the Lease as Tenants. This is a continuing Guaranty and shall apply to any and all Lease amendments, extensions and modifications whatsoever. Guarantors expressly consent to any extension of time, leniency, modification, waiver, forbearance, or any change which may be made in any term, condition or provision of the Lease, and no or assumed. Guarantors such change, modification, extension, waiver, or forbearance shall release Guarantors from any liability or obligation hereby incurred Each party, now or hereafter, constituting the shall be jointly and severally liable for all the obligations of Guarantors and the Tenant hereunder. shall survive the termination of the Lease. 27. WAIVERS. The Guarantors expressly waive notice of acceptance of this Guaranty, demand, all setoffs and counterclaims, notice of dishonor, protest or notice of protest of every kind, notice of default in or under any of the terms of the Lease, notice This Gdaranty I and demand of any and all proceedings in connection with the Lease (including demand for performance of the Lease), diligence in collecting .any sums due under the Lease or enforcing any of the obligations under the Lease, bringing of suit and diligence in taking any action with reference thereto or in handling or pursing any of Landlord's rights under the Lease. 28. ~ RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and I regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and I assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above -the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 29. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration' hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation- Effectuation of Title vi of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligentl~ pursued to its conclusion, and if the Tenant shall then 2O fail to commence or diligently pursue action to cure said ~regch, I the Landlord shall then have the right to terminate this Lease and I to re-enter and repossess said land and improvements thereon. 30. ENTIRE AGREEMENT. This Lease contains all of the I understandings by and between the parties hereto relative to the ~ _ leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 31. ~.SSIG~ AND SUBLETTING. The Tenant shall not assign or sublet the leased premises or any portion thereof, or this Lease Otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may be withheld for any reason. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 32. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 33. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent ~rovided by Federal law. 34. ATT_~EYS ~E~S. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels. 35. RECORDING. ~In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (Name of Tenant/Corporation) existing under the of, Florida By: (Signature of Representative) Printed Name of Representative, Title GUARANTORS Printed Name Printed Name CITY OF SEBASTIAN A Municipal Corporation laws Joel L. Koford City Manager ATTEST: Kathryn M. O'Halloran CMC/AAE Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 22 This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and dated for leased premises at the Sebastian Municipal Airport. Listed below are'the description of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Description of Improvement Hangar'Ere6tion = Date of ~ommencement Soonest Date of Completion (Name of Tenant/Corporation) By: (Signature of Representative) Printed Name of Representative, Title CITY OF SEBASTIAN A Municipal Corporation existing under the laws of, Florida City Manager GUARANTORS ATTEST: Printed Name Printed Kathryn M. O'Halloran C/AAE Approved as to Form and Content: Name Clifton A. McClelland, Jr. city Attorney 23