Loading...
HomeMy WebLinkAbout08241994 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTiAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 24, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLi3RiDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Pastor Ron church Barber - Community Baptist ROLL CALL AGENDA MODIFICATIONS ,.(ADDITIONS AND/OR Items not on the written agenda may be upon unanimous consent of the Council (Resolution No. R-93-19). DELETIONS) - added only members present 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS PGS 1-12' PGS 13-40 94.005 PGS 41-46 PUBLIC HEARING, FINAL ACTION - None INTRODUCTION OF NEW BUSI__~_~[~ ~f THE P, UBLIC (Which is Otherwise on the Agenda - By Resolution No. R-95-19 Limit of Ten Minutes for Each Speaker) 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. A® Approval of Minutes - 8/10/94 Regular Meetin~ RESOLUTION NO. R-94-43 - Greiner, inc. - Master Professional Services Agreement - Airport Master Plan (City Manager Transmittal dated 8/18/94, R-94-43, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A MASTER PROFESSIONAL SERVICES AGREEMENT WITH GREINER, INC. FOR THE PURPOSE OF PROVIDING ENGINEERING SERVICES FOR IMPLEMENTATION OF THE AIRPORT MASTER PLAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ~S0LUTION No. R-94-42 - Amending "Council of Public Officials" Agreement - Add Mosquito Control District (City Clerk Transmittal dated 8/18/94, R-94-42, Amendment to Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-08 WHICH AUTHORIZED ENTERING INTO AN INTERLOCAL AGREEMENT WITH INDIAN RIVER COUNTY, ITS MUNICIPALITIES AND SCHOOL BOARD TO ESTABLISH THE "COUNCIL OF PUBLIC OFFICIALS"; AUTHORIZING THE MAYOR TO SIGN, ON BEHALF OF THE CITY, AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE "COUNCIL OF PUBLIC OFFICIALS" ADDING INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT TO THE MEMBERSHIP; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 I I I I 94.210/ 93.332 PGS 47-57 94.211/ 93.332 POS 59-61 94.212/ 93.332 PGS 63-67 Bid Award - Seahouse Ditch Culvert Installation - Job,ar, Inc. - $35,000.24 (Engineering Transmittal dated 8/16/94, Bid Tabulation, Bid Documents) Bid Waiver - Seahouse Ditch - Culvert Pipe Purchase - Indian River County Commodities Contract - $12,503.20 (Engineering Transmittal dated 8/16/94, IRC Contract) Bid Waiver - Seahouse Ditch - Inlet Purchase - American Concrete - Sole Source - $2,799.00 (Engineering Transmittal dated 8/16/94, Drawings, Cost Estimate) 94.213 PGS 69-74 94.214/ 91.016 PGS 75-79 94.215 PGS 81-97 94.216 PGS 99-10~ Bid Waiver - Golf Computer Software Upgrade - Sole Source - Computer Golf Software, Inc. - $3,500.00 (GC/Finance Transmittal dated 8/18/94, Finance Director Memo dated 8/16/94, Cash Fl~w Projections, Quote) Bid Waiver - City Garage - Secondary Fuel Containment for Existing Above Ground Tank - Sole Source - WF Associates - $3,000.00 (Engineering Transmittal dated 8/18/94, DEP Letter dated 7/26/94, Estimate, Photo) Sebastian Soccer Association - Request to Utilize Barber Street Sports Complex Facilities - 1994 Soccer Season - 9/3/94 through 11/19/94 - Subject to Conditions (City Manager Transmittal dated 8/8/94, Request Letter, Little League Lease) James P. Hoffman, Jr. - Specimen Tree Removal Request - Lot 22, Block 459, Unit 17, Sebastian Highlands - One 24" Pine (Director of Community Development Transmittal dated 8/15/94, Application) 94.086 PGS 103-104 Sebastian Lions Club - Request to Use Riverview Park - 11/12/94 - 11 am to 6 pm - Fundraiser Steak Roast - Standard Conditions (Director of Community Development Transmittal dated 8/16/94, Zukowski Letter dated 8/9/94) 94.207 PGS 105-107 94.217 PG 109 ne Fraternal Order of Police - Request Date Change for Annual Carnival - Riverview Park North - 10/17/94 - 10/23/94 - Staff Conditions (City Clerk Transmittal dated 8/17/94, $carpa Letter dated 10/17/94, 8/3/94 Transmittal) Anniversary Party - Community Center - 8/27/94 - 7:30 p.m. to 12:30 a.m. - A/B Request - Security Paid (city Clerk Transmittal dated 8/16/94, Application) 10. 11. PRESENT&TiONS COI~TTEE REPORT8/RECOI~ENDATI ONS A. n~_!_a_DD_~D~ and Zonin~ Commission 94.218 PGB 111-123 12. 13. Reappoint John Falke to Three Year Regular Member Position - Term to Expire 6/97 - Eligible for Reappointment (Director of Community Development Transmittal dated 8/12/94, Applications) OLD~[~ 94.010 PGB 125-1'26 City Manager Six Month Review (City Manager Transmittal dated 8/16/94, Contract Pg. 4) 14. 94.219 PGS 127-128 CITY COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice-Mayor CarolYn corum 1. Request Authorization for Attendance - "Brazilian Pepper Control Workshop" - 9/29/94 (City Clerk Transmittal dated 8/15/94, News Release from Brevard County P & R) C. Mrs. Norma DamR 15. 16. 17. D. Mr. Robert F ee_~ E. M~. Frank Qherbeck CITY ATTORNEY MATTERS PITY ,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 n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 10, 1994 - 7:00 P.M. CITY COUNCIL CHAMB~S 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 ~ty 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 at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Donald E. Swope, First Presbyterian Church. 4. ROLL CALL City Council Staff Present: Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Director of Community Development, Bruce Cooper Personnel Director, Wendy Widmann Utilities Director, Richard Votapka Deputy city Clerk, Sally Maio Jr. Regular City Council August 10, 1994 Page Two Meeting 5. AGE~A MODIFICATIONS (A,~DI,TIONS 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). Mr. Freeland noted that "Mayor and City Council Matters" should be amended in accordance with the rotation policy. There were no objections. The City Manager requested that "Utilities" and "Public Works" column headings on page 34 of the agenda packet be changed, that item 13 be delete~ from the agenda, and that item F of the consent agenda be pulled for discussion. MOTION by Oberbeck/Corum I would move to remove item F of the consent agenda as requested by the City Manager. Discussion followed as to whether this motion was necessary at this time. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 MOTION by Corum/Oberbeck I move to delete item 13 of the consent agenda. (Item 13 was "New Business" regarding Park Place and not a consent item) ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye m MOTION CARRIED 5-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS The Utilities Director announced that there was a water main break at Park Place and Palm Lake Club and that there is a boil water directive in effect. Regular City Council Meeting August 10, 1994 Page Three 94.178 94.158 7. PUBLIC HEARING, FINAL ~CTION None. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed the hiring of the new City Attorney. 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. ae Approval of Minutes - 7/27/94 Regular Meeting, 8/3/94 Budget Workshop RESOLUTION NO. R-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) 3 Regular City Council August 10, 1994 Page Four 94.203 D. Meeting 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) 94.204/ E. 92.275 94.132 F. .94.205 G. Interagency Agreement - Department of Corrections and City of Sebastian - Inmate Labor Force Workers (Engineering Transmittal dated 8/5/94, Agreement) Bid Award - Police Station Air Quality Modifications - Merritt Island Air & Heat, Inc. - $43,746.00 (Director of Community Development Transmittal dated 8/4/94, Bid Tabulation, Bid Specs) L.I. Tree Service - Specimen Tree Removal Request - Lot 35, Block 493, Unit 15, Sebastian Highlands - One 21" Pine (Director of Community Development Transmittal dated 7/27/94, Application and Survey) 94.206 H. 94.207 I. Ameron Homes - Specimen Tree Removal Request - Lot 18, Block 460, Unit 17, Sebastian Highlands - One 24" Pine (Director of Community Development Transmittal dated 8/3/94, Application and Survey) Fraternal Order of Police - Request Use of Riverview Park North - Annual Carnival - 10/10/94 through 10/16/94 - Staff Conditions (Director of Community Development Transmittal dated 8/3/94, Scarpa Letter dated 7/6/94) The City Manager read the consent agenda in its entirety. Mr. Oberbeck removed items B and F. MOTION by Freeland/Damp I make a motion to approve items A, C, D, E, G, H and I. ROLL CALL: Mr. Freeland - aye Mr, Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 4 I I' I I I I I I I I I I i i I i I I i Regular-City Council Meeting August 10, 1994 Page Five R~ESOLUTION ~ R-94~41 - City Attorney - Clifton ~ ~ Services Aqreement Mr. Oberbeck noted that although the City Attorney comes highly recommended, he still had problems with the reasons for hiring of a new attorney. Walter Barnes, 402 Azine Terrace, and A1 Vilardi, 445 Georgia Boulevard, Sebastian, addressed City Council. City Council discussion followed. The City Clerk read Resolution No. R-94-41, as amended by the City Attorney, by title only (titl~ remained the same). MOTION by Corum/Damp I make a motion Council accepts Resolution R-94- 41 accepting city Attorney Clifton McClelland as the City's legal attorney. The City Attorney cited the changes in the amended resolution to authorize agreement between the law firm and the City, noted that attorneys William Potter, Pat Healy and Tim Williams (P & Z and Code Enforcement) of his firm will provide legal services to the City of Sebastian and noted that he will not charge travel time to and from meetings. Mr. Freeland requested that the firm charge the same rate it charges the Sebastian inlet Commission. Vice Mayor Corum amended her main motion to state "the firm of Potter, McClelland, Marks & Healy, P.A.". Mrs. Damp seconded the amendment. ROLL CALL: (amendment) Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - nay MOTION CARRIED 4-1 (Oberbeck - nay) 5 Regular City Council Meeting August 10, 1994 Page Six 94.132 ROLL CALL: (main motion) Mr. Oberbeck - nay Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - nay MOTION CARRIED 3-2 (Oberbeck, Freeland - nay) Mayor Firtion noted Mr. McClelland's twenty-five years of experience. Keith Miller, 961 Riviera Avenue, Sebastian, discussed contract mowing. Bid Award - Police Station Air ~ Modifications The City Manager recommended that the performance bond requirement be waived for this particular contract. City Council discussion followed. Mr. Oberbeck suggested that performance bonds be waived for contracts up to $50,000, and instead, the city hold a retainer. Discussion followed on performance bond policy. The City Attorney advised that City Council, if it chooses, should waive both payment and performance bonds, and, in response to Vice Mayor Corum, stated that engineers are only required to provide the level of skill exercised by engineering practices in a particular area. MOTION by Corum/Oberbeck I make a motion for Council to waive the performance bond and waive the payment bond for the police station air quality problem and award to Merritt Island Air & Heat, Inc. for $43,746.00. Mr. Oberbeck seconded the main motion subject to amendment to add "subject to review of this firm and some investigation into their backgrounds". 6 i I' I I I I I I I I I I I I I i i I I Regular city Council Meeting August 10, 1994 Page Seven ROLL CALL: (amendment) Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 ROLL CALL: (main motion) Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 10. PRESENTATIONS 94.019 A. Hartman and Associates~ Inc. - Water and Wastewater Master Plan - Final Re o~ lUtilities Director Transmittal dated 8/3/94. Plan Under S_~parate Cover) TAPE I - SIDE II (7:48 p.m.) A1 Vilardi, 445 Georgia Boulevard; and Thomas Wojciechowski, both of Sebastian, addressed City Council. The Utilities Director gave a brief presentation and introduced Hal Schmidt and Gary Revoir, Hartman and Associates, Inc., and Mr. Revoir fielded questions on the final Water and Wastewater Master Plan. A lengthy City Council discussion followed. Mayor Firtion called recess at 8:10 p.m. and reconvened the meeting at 8:20 p.m. Ail members were present. Gary Revoir gave a brief presentation on each section of the plan, emphasizing section nine relative to the capital improvements plan. Regular City Council Meeting August 10, 1994 Page Eight The City Manager suggested Mr. Revoir present to the City Clerk, for the record, who or what at St. John's River Water Management District attests to the fact that the available water supply is of adequate quantity and quality and should supply a good, long term supply of water, as cited in section 3-4 and 5-66; and requested an update on the potential impact of salt water intrusion. Mr. Revoir said he can investigate and provide that information. Discussion followed between the Utilities Director and City Council. TAPE II - SIDE I (8:43 p.m.) The Utilities Director continued. 11. COMMITTEE REPORTS/RECOMMENDaTIONS I '1 I I I I I i 12. Mr. Oberbeck announced there was no MPO meeting. OLD BUSINESS 94.181 A. ~ NO. R-94-40 - Blue Cross/Blue Shield Health Insurance (City Manager Transmittal dated 7/21/94, R-94-40, Contract Application) TABLED AT ?/27/94 REGULAR MEETING 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. MOTION by Oberbeck/Damp I would move to remove it from the table, item 94.181 Resolution No. R-94-40. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 I Regular City Council Meeting August 10, 1994 Page Nine 94.208 The City Attorney read Resolution No. R-94-40 by title only. The Personnel Director presented a letter from Blue Cross/Blue Shield (see attached). Ron McCall, Blue Cross/Blue Shield, and Mike Garrett, Sebastian River Medical Center, addressed City Council noting that the two parties are very close to an agreement to make the center a PPO. Mr. Garrett said he was optimistic the contract would be approved and its effective date would be October 1, 1994. MOTION by Corum/Oberbeck I make a motion for Council to accept Resolution No. R-94-40. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Be Brian Barry ~ AirDort ~ Lease ~ Manaqer Transmittal dated 8/4/94. ~Oposed Lease~ The City Attorney recommended additional provisions to the lease as presented to City Council prior to this meeting (see attached). He suggested that these provisions be included in all future airport leases. The City Manager concurred with the additions and recommended submission of the amendments to the proposed lessee. MOTION by Oberbeck/Freeland I would move to approve the proposed airport lease between the City of Sebastian and Brian E. Barry pending Planning and Zoning review and subject to addition of the amendments as provided by the City Attorney. The City Manager said a new system of billing for lessees has been established. 9 Regular City Council Meeting August 10, 1994 Page Ten 94.209 13. 14. The City Attorney said more precise descriptions for improvements should be required. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 The City Manager said the lease will be brought back for final approval. ~ NEW BUSINESS A. Park Place - Nelson Hyatt (No Backup) This item had been previously withdrawn. CITY COUNCIL MATTERS A. Mr. Frank Oberbeck Mr. Oberbeck inquired whether Riverview Trailer Park documents have been turned over to the City Attorney. B. Mayor Arthur Firtion Mayor Firtion asked what the wishes of City Council are relative to the Council on Aging Senior Center, suggested that each City Council member walk through individually and City Council concurred; asked permission from City Council to approve the City Clerk's vacation and City Council concurred to allow the Mayor to do so; and suggested retaining the policy that City Council members not talk back to audience members. C. Vice-Mavor Carolyn Corum Vice Mayor Corum explained the erosion problem at Riverview Park; inquired about Laconia improvements; expressed concern for crumbling asphalt on Wave Street; suggested a bikepath on George between Wave and Englar; and said she would like to attend a seminar on September 29 relative to Brazilian Pepper Trees and placed it on the 8/24/94 agenda. 10 I '1 I I i i I I I I i I I I I i I I I Regular City Council Meeting August 10, 1994 Page Eleven D. Mrs. Norma Damp Mrs. Damp reported on an Indian River County Chamber of Commerce luncheon at which Vice Mayor Corum spoke and did a wonderful job; expressed concern for the dangers related to all-terrain vehicles; and inquired whether road impact fees for Barber had been received. E. Mr. Robert Freeland Mr. Freeland said he had been informed that Cumberland Farms could provide fuel to City vehicles at a savings; noted that Council members should ~ot get involved in the hiring of personnel for the City; and made reference to a letter to Richard Fey outlining required improvements to Old Dixie Highway for establishment of his mulching facility. 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The city Manager requested authority to establish policy to reduce the required insurance amount in the standard form of agreement based on individual contract amounts, referring specifically to the City Hall window shutters contract. City Council concurred. The City Manager said all parcels, ERU's and acreage have been identified in the proposed U.S. 1 water service area (South City limit to North City limit and U.S. i to the river) and again requested City Council consensus to allow the City Attorney to prepare a recommendation on the most equitable manner of assessment and contractual documents between the City of Sebastian and Indian River County, however, he offered an alternative to allow the County to provide the water. He also suggested the current ordinance be amended to define mandatory hook-up in three different instances, 1) if the resident requests hook-up and capacity is available, 2) if the current septic system fails, or 3) if St. John's River Water 11 Regular City Council Meeting August 10, 1994 Page Twelve Management District imposes rules for elimination of septic tanks in the Riverfront District. He also suggested that if a property owner has potable water and decides to retain his well, he provides the City with an annual water analysis. TAPE II - SIDE II (9:30 p.m.) Discussion continued. The City Attorney discussed City liability in the case of a person becoming ill due to contaminated water. It was the consensus of City Council to authorize the City Manager to proceed. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:40 p.m. Approved at the , 1994, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk 12 I '1 I I I I i i I I I I I I I i I I I City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Greiner Engineering Contract For Implementation of the Airport Master Plan Approval For Submittal By: City Manager (~1~/~ ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: Joel L. Koford City Manager Date Submitted: 08/18/94 ) I EXPENDITURE AMOUNT APPROPRIATION For Agenda Of: 08/24/94 Exhibits: - Master Professional Services Agreement i REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The attached Master Professional Services Agreement has been reviewed by staff, City Attorney and City Manager. The provisions of the agreement are designed to cover the services required if and when we receive the Federal Aviation Authority grant-in-aid. RECOMMENDATION Recommend approval and authorize the Mayor and City Clerk to execute and attest on behalf of the City. RESOLUTION NO. ~-94-43 ,! A RESOLUTION OF THE CITY OF SEBASTIANv INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A MASTER PROFESSIONAL SERVICES AGREEMENT WITH GREINER, INC. FOR THE PURPOSE OF PROVIDING ENGINEERING SERVICES FOR IMPLEMENTATION OF THE AIRPORT MASTER PLAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWiTH~ PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City Council, at its July 13, 1994 Regular Meeting,. authorized the City Manager to begin negotiations_with Greiner, Inc. in accordance with FS 287.055, the "Consultants Competitive Negotiations Act"; and WHEREAS, the City Council desires to enter into a Master Professional Services Agreement with Greiner, Inc. for the purpose of providing engineering services for implementation of the Airport Master Plan. 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 Master Professional Services Agreement with Greiner, Inc., identified as Exhibit "A" to this Resolution, and by this reference incorporated herein. SECTION 2. EXECUTION. The Mayor of the City of Sebastian is hereby authorized to execute, as agent for the City, and the City Clerk to attest the Master Professional Services Agreement as agent for the City of Sebastian. I I' I I i I I I I I I I I I I i I I I ~ECTION ,3.. CONFLICT. Ail 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 &hall 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. ~ECTION 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 ATTEST: By: Arthur L. Firtion Mayor Kathryn M. O'Halloran, CMC/AAE -City Clerk (SEAL) Approved as to Form and Content: Clif~6'h A. McClelland, Jr. City Attorney 3 MASTER PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made this day of , 1994 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter referred to as "City" and GREINER, iNC., a California corporation authorized to do business in the State of Florida, with offices located in Orlando, Florida, hereinafter called the "Consultant.,,' WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in providing the planning, programming, engineering and technical management services for airports; and, WHEREAS, the Consultant represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant in accordance with its procedure for selection of technical consultants; and, WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT iS, THEREFORE, AGREED as follows: 1. Aqreement: The Consultant and the City understand and agree that this Agreement shall cover all of the services of the Consultant which the Consultant is providing the City of Sebastian for the Sebastian Municipal Airport. This Agreement is not an exclusive agreement and the City may employ other consultants, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. 2. Employm. ent of ConsultaDt: may engage the Consultant and the The City hereby agrees that it Consultant hereby agrees to perform professional services for the City in accordance with this Agreement. The Consultant may furnish planning, programming, engineering and technical management services for this project, as specifically assigned by the City from time to time as required in connectio~ with the planning and development of the Sebastian Municipal Airport. The services that the Consultant may furnish to the City shall include, but not be limited to, the following: (1) Planning (2) Programming (3) (4) (5) (6) (7) Engineering and/or Architectural Construction Field Engineering, including resident inspection Technical Management Services Special Services relating to Maintenancel Financial, Bonding, Airspace, Environmental or Lane Use Studies, Land Acquisition, Regional Impact Studies (DRI), Permitting and related studies. I i I I I I I i Design I ! Additional Services including, but not necessarily limited to, Engineering Surveys, Property Surveys, I Matermals Testlng and Sub-surface Soml Investigations. Any other services as directed by the City. Each individual assignment shall be the subject of a separate agreement, written in the City's standard format for the type of services involved, supplemental to this Agreement, and shall be 2 to, the foilowing: (1) Relocate existing tenant and FBO designated "Supplemental Agreement No. ~", the "number" being in accordance with the sequence in which the assignments are made. The breach of any material condition of any Supplemental Agreement by the Consultant shall be considered a breach of a material condition of this Agreement, and shall constitute grounds for the termination by the City of this Agreement and all Supplemental Agreements in effect at the time of the breach. The assignments may include, but not necessarily be limited 3 (2) Rehabilitate Runway 4-22 (3) Rehabilitate Runway 9-27 (4) Construct new airfield beacon and tower (5) Construct new airfield wind cone and segmented circle (6) construct new airfield electrical vault (7) Reconstruct and modify Airport Drive East (8) Construct new Airport Drive West (9) Clear runway protection zones (10) Relocate power lines (11) Golf course modifications (12) Construct Taxiways "A" & "E" (13) Construct Taxilane "G- (14) Construct T-Hangar Taxilanes (15) Construct Taxiway "B" (16) Construct Taxiway "C" (17) Construct Taxiway "D" (18) Construct Taxilane "D- (19) Construct Taxilane "F" and Taxiway "F" (20) Construct new Airport Manager's office (21) Construct Taxilane "E" (22) Other professional services as directed by the City 3. Proj.ect $.che~ule~: The Consultant shall perform the services outlined under Paragraph 2 of this Agreement and as specifically established in subsequent Supplemental Agreements in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Consultant commencing upon written authorization by the City to proceed with the assignment and terminating upon completion of the Project. 4. Joint ..Cooperation: The closest collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of work done by the Consultant and of the details thereof. The City sh~ll furnish to the Consultant all pertinent existing information deemed necessary ky the Consultant to be relevant to the execution of the Project. The City will have the right to inspect the work of the Consultant at any time. Either party to this Agreement may request and be granted a conference. 5. glaims: Claims arising from changes or revisions made by the Consultant at the City's request shall be presented to the City before work starts on the Changes or revisions. If the Consultant deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Consultant shall notify the City in writin~ of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Consultant a method acceptable to the City for keeping strict account of actual costs, then the Consultant hereby waives its request for such extra compensation. The City is not obligated to pay the Consultant if the City is not notified as described above. The Consultant may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. 4 Such notice by the Consultant and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. Termination: The provisions of this Agreement or any Supplemental Agreement may be terminated by the City with or without cause. If terminated without cause bY4t4%e--~, at least thirty (30) days written notice of such termination shall be given, --to th~Con~a~tant ~ (1) In the event the City without cause abandons, terminates or suspends this Agreement or a Supplemental Agreement or Agreements, the Consultant shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and documents generated by the Consultant shall remain the property of the City as outlined in Paragraph 12. (2) In the event the Consultant terminates this Agreement without cause, all tracings, plans, specifications, maps, computer programs and data prepared by the Consultant under this Agreement shall .be considered property of the City. The City may enter into an agreement with others for the completion of the work under this Agreement. 7. Compensation: The City will pay the Consultant in accordance with the applicable Supplemental Agreement covering the specific assignment involved. For the purposes of this Agreement, average hourly rates, as shown in Attachment III, shall be used as a basis for services with appropriate overhead and fixed fee multipliers added with estimated indirect expenses to determine 5 total fee compensation for each assignment. Each July l, appropriate adjustments in salary, overhead and reimbursable rates will be established for the following year by mutual agreement of the parties. 8. ~aymen%~: The Consultant shall submit invoices for payment in accordance with the Schedule established in each Supplemental Agreement. The requests for payment shall be in the form and the manner required by the City. The Consultant and the · City under~tand and agree that no work shall be compensated '~or I under this Agreement unless such work is covered by a written Supplemental Agreement which is executed by the Consultant and the City and contains a scope of work, time schedule and compensation schedule. 9. Reimbursement 9.~.Costs: The Consultant shall obtain approval from the City Manager prior to incurring any travel or lodging expenses on behalf of the City. Travel expenses for the Consultant, when authorized, shall be paid in accordance with the City of Sebastian policy and Section 112.061 of the Florida Statutes. 10. ~erm: This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend for a period of five (5) years from such date. On the expiration of the term of this Agreement, the City and Consultant shall have the right to extend this Agreement for an additional five (5) year term on the mutual written agreement of the parties. If the 6 Agreement is extended, either party has the right to renegotiate the hourly rates for professional services. il. Covenant A~ainst Con~in~ent Fees: The Consultant warrants that~~not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 12. Right to Work Produc~s: No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Consultant, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. Ail tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement or any Supplemental Agreement shall remain the property of the City without restriction or limitation on their use. A set of reproducible drawings shall be provided for 7 the City's files. However, any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement or any Supplemental Agreement will be at the City's risk. 13. P_D~sonne_l: The Consultant represents that it will secure at its own expense all personnel required for services which are necessary under this Agreement. All services under this Agreement shall be performed by the Consultant and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. The City shall have the right of approving the project manager to be employed by the Consultant for the services to be rendered under this Agreement. This is a personal service contract and the Consultant shall personally furnish services under this Agreement. Personnel who perform services under this Agreement shall not be employees of the City. 14. Responsibility of...~he C~nsultant: (a) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his drawings, specifications, reports and other services. (b) Approval by the City of drawings, specifications, reports and incidental work or materials furnished hereunder shall not in any Way relieve the Consultant of responsibility for the technical adequacy of the work. The City's review, approval or acceptance of or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for all damages to the City caused by the Consultant's negligent performance of any of the services furnished ~nder this Agreement. (c) The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. 15. Subcontracts and Assignability: The Consultant shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written of the City. Any sub-contracts or other work which is consent performed by persons or firms other than the Consultant under this Agreement or any. work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or consultants required by the Consultant in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. Truth-In-Negotiation: In accordance with the provisions Statutes, the Consultant agrees to of Chapter 287.055, Florida execute a truth-in-negotiation certificate and agrees the original contract price and any additions may be adjusted to exclude any unit costs, ge rates and other factuall memb~ or~: No officers, · Y d no members of its governing body,, and no Other public official of the gOVerning body of the l~callty or localities in which services for · . . Situated or carried ~,,~ __ the facIlities are responsibilities i- ~ ~' WhO exercises any function--s or .,~ une review or approval of carrying out of thi n~_~ . the undertaking or $ =--~=~u, Shall partici a · relating to this A-~ ....... P te in any decision 'have any personal=~='"eh= WAlch affects his personal lnterest~ or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 18. FAA, FDOT an.d Do~: In this Agreement, reference is made to the Federal Aviation Administration as FAA; Florida Department of Transportation as FDOT; and the United States Department of TransPortation as DOT. Cons ant : The al appropriated funds have been Paid or will be Paid by or on behalf of the Consultant to any person for influencing or attempting to influence any officer or employee any Federal agency, a member of Congress, an officer or employee of COngress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, 10 amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Consultant to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard 'Form-LLL "Disclosure Form to Report Lobbying"~ in accordance with its instructions. 20. Access to Records: The City, FAA, FDOT and any other duly authorized representative shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to a specific Grant Program or supplemental to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Consultant shall maintain all project records for three (3) years after final payment is made and after all other pending matters are closed, whichever is later. 21. ~itl9 vi Assurances: The Consultant shall comply with the provisions of Attachment I, which are incorporated by reference into this Agreement. 22. Insqrance: The Consultant agrees to the covenants and shall provide insurance to the City in accordance with Attachment II, which is incorporated by reference into this Agreement. 23. Interest of Contractor: The Consultant covenants that he presently has no interest and shall not acquire any interest, 11 direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under Agreement. The Consultant further covenants that in the this performance of this Agreement, no person having any such interest shall be employed. The Consultant shall not undertake any professional work which conflicts with his duties as the City's Consultant without the prior written consent of the City during the term of this Agreement or after the termination of this Agreement. Any work where the Consultant can reasonably anticipate that it~ay be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 24. ComRliance W~.th the Law: The Consultant expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Consultant to any law or regulation pertaining to furnishing services adhere to under this Agreement shall constitute a material breach of this Agreement. 25. Waiver: The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. 26. ~blic Entity: The Consultant shall file a sworn statement with the City which is Attachment IV, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to 12 July 1, 1989, in accordance with the provisiOns of Section 287.133 of the Florida Statutes. satisfactory completion of any work 27. Releases: Upon the performed under a work order and prior to final payment under such work order for the work, or prior to settlement upon termination of this Agreement and as a condition precedent thereto, the Consultant shall execute and deliver to the City a release of all claims against City arising under or by virtue of the work order. the 28. Indemnification: For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Consultant shall pay, indemnify and save harmless the City, its agents, guests, invitees and employees, from all suits, actions, claims, demands,, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the City, its agents, guests, invitees or employees may be subjected to by reason of injury to persons or death or property damage resulting from or growing out of any negligent act of commission, omission, or fault of the Consultant, its agents or employees, committed in connection with this contract. 29. policy is use, dispensation, distribution DruG-Free Workplace: Greiner, Inc.'s drug-free workplace to prohibit in the workplace the unlawful possession, or manufacture of controlled substances. For purposes of this policy, "controlled substances" include inhalants and illegal drugs. Alcoholic beverages are also prohibited on the company premises unless provided by a company 13 sponsored disciplinary action up to and including termination of employment. Depending upon the circumstances, other action, including notification of appropriate law enforcement agencies, may be taken against any violator of this policy. In accordance with the Drug-Free Workplace Act of 1988, as a event. Violation of this policy will result in ' W condition of employment, staff members must comply with this policy and notify management within five (5) days of a conviction for any criminal drug violation occurring in the workplace. Failure to do so will result in immediate termination of employment. We, in turn, will, as required by the Act, report such convictions within ten (10) days of our learning of the conviction to the appropriate federal agency. Any staff member arrested in connection with a criminal drug violation occurring in the workplace will be placed on personal leave of absence without pay and could face termination of employment pending the outcome of any legal investigation and conviction. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Kathryn M. O'Halloran CMC/AAE, City Clerk CITY: THE CITY OF SEBASTIAN By: Name: Title: 14 i i I I I I I I I I I I I I I I i I Signed, sealed and delivered in the presence of: Name: Name: 15 CONSULTANT: GREINER , INC. By: Name: Title: ATTACHMENT I (Basic Agreement between the CITY OF SEBASTIAN and GREINER, INC. dated ,19 .) TITLE VI ASSURANCES During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: ~.0moliance with Re(3ulations. The Contractor shall comply with the Regjclations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. Non-discrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub-contractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. SoJi¢itations ..E.quipment. In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a sub-contract, including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to non-discrimination .on the grounds of race, color, or national origin. for Sub-contracts. Includinq..Procurements..o~ Materi~!s and I Information and. R_.eoorts. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereof, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. I-1 = = Sanctions for Non-compliance. In the event of the Contractor's non-compliance with the non-discrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to- withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination, or suspension of the contract, in whole or in part. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every sub-contract, including the procurements of mater.,als and leases of equipment, unless exempt by the Regulations or di~ctives issued pursuant thereto. The Contractor shall take such action with respect to any sub-contract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES ~. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal and/or State funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obliqation. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximu_m opportunity to participate in the performance of contracts and sub-contractS financed in whole or in part with Federal and/or State funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. I-2 The CONTRACTOR will establish goals for sub-consultant participation for Disadvantaged Business Enterprises (DBE) in future Supplemental Agreements for each project involving Federal Grant assistance. The word "Contractor" as used in this Attachment, shall mean the same as "CONSULTANT". Source: FAA AC 150/5100-14C, Appendix 1, 1/6/93. [PROSPECT.93248] I-3 WORN STATEMENT UNDER SECTION ~7.133(3)(A), FLORIDA STAT .I~,~E~S, ON PUBUC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn ltetement is submitted with Bid, Proposel or Contract No. City of Sebas~an's Profeuional Engineering Consuitino .~n~.eas contracl This swom statement is submitted by Greiner, Ilnc~ (name of entity submiffing ~wom statement) whose busine~ addreM is 315 East Robinson. Suits ?.45. Orlando. Florida 32801 (if applicable) its Federal Employer Identffir.~on Nombm (FEIN) is . (If the entity has no FEIN, include the Social Security Number of the individual signing tt~is sworn statement.) 3. My name is Gree T. Smith. P.E. and my relationship to the entity named above is Vice President (plse~ prim name of individual Ngning) 4. I understand that a 'public entity ~lme' as defined in Paragraph 287.133(1)(g), Florida Statutes., means a violation of any ~tats or federal law by a person with respect to and directly related to the transaction of busine~ with any public entity or with an agency or political subdivi~on of any other state or of the United States, including, but not limited to, any bid or contrLL-t for gOOdS or ~ervi~ to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, Ixibery, collusion, raeketsering, conspiracy° or m·terial misrepresentation. 5. I understand that 'convicted' or 'conviction' as defined in P~ragraph 287.133(1)(b), Florid· Statutes, me,ns a finding of guilt or a convioticn of s public entity =time, with or without an adjudication of guilt, In any federal or a~te trial court of record relating to ¢hargas brought by india~nem or information after July 1, 1989, as a rasult of · jmy verdict, nonjury 13tal, or entry of · plea of guilty or nolo contendere. 6. I unders~nd thet an '·ffillate' as defined in Pemgraph 287.133(1)(·), Florida Statutes, mean~: 1. A predecemlor or ~=e~or of · pemon convicted of · public entity c~'ime: or 2. An entry under th.e. contr_o~ of any n·tural pemon who is active in the management of the entity and who has been convicted of · public entity crime. The term affiliate includes those officers, dlre~ors, executives, partnere, shareholders, employees, members, and agante who are active in the management of an ·ffillate. The ownership by one per~n of shares constituting pooling of equipment or income among persons when not for fair market value under an ann's length agreement, shall be · prim· teeie ease th·t one pemon who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an ·frill·ts 7. I understand th·t a 'person' as defined in Paragraph 2.~7.133(1)(e),~ means any n·tural person or entity organized under the law~ of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contnmts for the provision of goods or sewi~-as let by a public entity, or which othenvise transacts, or applies to transact businels with · public entity. The tern;, 'person' includes those officere, direetom, exem~tivas, partners, shareholders, employees, membere, and agents who are active in management of an entity. 8. Based on inform·riCh and belief, the statement which I have marked 'below is true in relation to the entity submitting this ~vom ~tatemant. (Please indicate which statement appllas.) X Neither the entity submitting this awom ~tatement, nor any officers, direotore, exa<=utivas, partnere, shareholders, employees, membem, or agents who are active in the management of the entity, nor any ·ffili·te of the entity has been =he/ged with and convicted of · public entity =rime subsequent to July 1, 1989. The entity ~ubmltfing this sworn statement, or one or more of the officem, direc'tonl, executives, pa~tnere, shareholdere, employees, membem, or agents who are active in the management of the entity, or an ·ffillate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. AND (Please indicate which eddiflonal ~temant applies.) · There has been · pro,ceding concerning the conviction before · hearing officer of the State of Florida, DiviNon of Adminia~'·tive I-isaring~. ~rhe final order entered by the hearing officer did not place the pemon or ·ffili·te on the convicted vendor list. (Please ·ttach · copy of the final order.) __ The pemon or affiliate was placed on the convicted vendor list. There has been a sub,quant proceeding before · heating officor of the State of Rorid~, Division of Administrative Heatings. The final order entered by the hearing officer bete~mined tt~t it was in the public interest to remove the person or ·ffiliate from the (x:)nvicted vendor list. (Please ·ttach · copy of the final order.) The pemon or affiliate has not been placed on the convicted vendor list. (Please desorl~ any ~,tlon taken by or pending with the D~'Pa~mant of General Services.) STATE OF FLORIDA COUNTY OF ORANGE PERSONALLY APPEARED BEFORE ME, the undersigned authority, his signature in the space provided above on this ..26th day of July Form PUR 7068 (Paw.04/10/91) Greg T. Smith, P.E. who, ·fter fl~t being sw~ed My commis~on .xpim~ ti s. (Basic Agreement between the , 19 .) AT'i'ACHMENT II CI'P( OF SEBASTIAN and INSURANCE PROVISIONS GREINER, INC. dated On the Comprehensive General Liability and Business Auto Uability, the City of Sebastian shall listed as an "additional insured" as their interest may appear. The CITY shall not, by reason of inclusion under these policies, incur liability to the insurance carrier for payment of premium for policies. A renewal certificate shall be issued 30 days prior to expiration of coverage. Where available, all policies shall be of an occurrence type and provide a 30-day notice~lc cancellation or h3odification of coverages. Prior to commencement of work, the prop'er insura~, certificates shall be provided to and approved by the CITY. Deductibles.: Given that the indemnification agreement is intended to be supported by first dolor insurance policies which require full disclosure of any and all deductible for all coverages requi by this specification or contract, the only exception will be the area of Worker's Compensation. ThE CITY reserves the right to determine acceptable limits of such deductibles. I ~rSt Dollar Coveraqe: To the extend that the CONSULTANT may elect to purchase insurance provides a deductive or (SIR) self-insured retention, the CONSULTANT will assume liabiliier.t personally indemnify the CITY to the same level of coverage required of their insurance card COVERAGES AND LIMITS Commercial General Uabi!~: This insurance shall be an "occurrence" type policy writteqBir comprehensive form and shall protect the CONSULTANT and the additional insureds agalnsl~l claims arising from bodily injury, sickness, disease or death of any person other than the CONSULTANT's employees or damage to property of the CITY or others arising out of any acl~ omission of the CONSULTANT or his agents or employees. This policy shall also include prote cl~r against claims insured by usual personal injury liability coverage and to insure the contractual iiabil_i~ assumed by the contractor under the article entitled INDEMNIFICATION. ! The liability limits shall not be less than: ~ · ' Personal injury and property damage - $500,000 combined single limit each occurrence Business Auto liability: This insurance shall cover any auto for bodily injury and property dama~ This shall include owned vehicles, hired and non-owned vehicles and employee non-ownership. The liability limits shall not be less than: ~ Bodily injury and property damage - $500,000 combined single limit each occurrence II- 1 I I I I I I I I I i I I I I I I I I / Workers' C .o..mpensation: Workers' Compensation coverage to apply for all employees for statutor~ limits and shall inclu~le employer's liability with a limit of $100,000 each accident; $500,000 diseasd policy limits; $100,000 disease limit each employee. ("All States" endorsement is required where applicable.) Professional Liability: CONSULTANT shall carry professional malpractice insurance in the amoun: of $500,000 throughout the term of this contract and shall maintain such coverage for an extendec period of one year after completion and acceptance of any work performed hereunder. At all time~: throughout the period of required coverage, said coverage shall insure all claims from the first dat, of the contract through the expiration date of the last policy period. In the event that CONSULTAN'; shall fail to secure and maintain such coverage, CONSULTANT shall be deemed the insurer of suct"' professional malpractice and shall be responsible for all damages suffered by the CITY as a resuil thereof, including attorney's fees and costs. HOLE HARMLESS/INDEMNIFICATION Applicability: It is the express intent of the CONSULTANT that this agreement shall apply for the project(s) or time period indicated below. Agreement is applicable to all contracts, purchase orders and other work performed for the City. of Sebastian for the time period of 9/1/94 to 9/1/99. Subroaation: The CONSULTANT(s) and Subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the CITY, except for "Professional Uability". in the case of "Professional Uability", the ENGINEER/ARCHITECT and his Subcontractors shall waive all rights of subrogation except in situations where gross negligence is shown on the part of the CITY. Release of Liabili~: Acceptance by the CONSULTANT of the last payment shall be a release to the CITY and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the CITY or of any person relating to or affecting the work. STATE OF By: Attest: Name of C~rganization Owner or Officer Corporate Secretary/Witness COUNTY OF II-2 T.93246] The foregoing instrument was acknowledged before me this by of corporation. He is (personally known to me or produced) .... (as identification) and did not take an oath. Signature of Person Taking Acknowledgement Name of Acknowledger qqtle Serial Number, if any II - 3 I I I I I I I I I I I I I I I I [~os~r.~3I] I I I' I I I I I I I I i I i I I I I I I ATTACHMENT III Escalated Hourly Rates'by Classification Employee Classification Current Escalated Billable Direct Rate , Hourly Rate ~) 2.67% Multiplier Rate P~fncipal Project Manager Senior Engineer Senior Planner Engineer Technician Draftsman Senior Environmental Scientist Environmental Scientist Clerical Registered Land Surveyor Survey Technician Survey Party Chief Survey Instrument/nan Survey Rodman $41.35 $42.45 2.82 $119.71 $34.08 $34.99 2.82 $98.67 $27.42 $28.15 2.82 $79.38 $32.22 $33.08 2.82 $93.29 $20.84 $21.40 2.82 $60.35 $17.18 $17.64 2.82 $49.74 $16.50 $16.94 2.82 $47.77 $25.66 $26.35 2.82 $74.31 $18.70 $19.20 2.82 $54.14 $11.24 $11.54 2.82 $32.54 $21.38 $21.95 2.82 $61.90 $13.00 $13.35 2.82 $37.65 $13.10 $13.45 2.82 $37.93 $8.50 $8.73 2.82 $24.62 $5.86 $6.02 2.82 $16.98 NOTE: All direct salary rates have been adjusted by 2.67% to reflect the mid-point salaries in the first year of this contract, assuming a 5.34% average annual increase for Greiner's staff. Each July 1, appropriate adjustments in salary, overhead, and reimbursable rates will be established for the following year. Attached is Greiner's current audited overhead of 145,33% with reimbursable schedule. A fixed fee of 15% has been added for operating margin to provide a total multiplier of 2.82 times direct labor. 29-Jul- BASIS FOR SURVEY RATES PARTY DAY RATES 3- MAN 4- MAN 5- MAN CREW CREW CREW Party Chief $13.45 $13.45 $13.45 'lns~Jmen~an $8.73 $8.73 $8773 Rodman $6.02 $6,02 $6.02 Rodman $6.02 $6.02 Rodman $6.02 Rate per hour $28.20 $34.22 $40.24 Number of hours per day x 8.0 x 8.0 x 8.0 $225.60 $273,76 $321.92 Multiplier x 2.82 x 2.82 x 2.82 Per day rate $636.19 $772.00 $907.81 OFFICE PERSONNEL Project Manager Registered Land Surveyor Survey Technician Billable Rate Multiplier Rat,e $34.99 2.82 $98.67 $21.95 2.82 $61.90 $13.35 2.82 $37.65 ADDITIVE PERCENTAGES Fringe Benefit Rate General Overhead Rate Combined Rate Operating Margin 49.10% 96.23% 145. 33% 15.00% \SEBASTIAN.wk3\ 29-Jul-! 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-94-42 Add Indian River County Mosquito Control District to "council of Public Officials" APPROVED FOR SUBMITTAL BY: .City Manager: ~J Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: clerk 8/24/94 * R-94-42 * Amendment to' Interlocal Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY ~;TATE~ Indian River County has submitted an amendment to the "Council of Public Officials" Interlocal Agreement to include the Indian River County Mosquito Control District as a member. Resolution No. R-94-42 amends Resolution No. R-94-08, which authorized the Mayor to enter into the original Interlocal Agreement. RECOMMENDED ACTION Move to adopt Resolution No. R-94-42. RESOLUTION NO. R-94-42 A RESOLUTION OF THE CITY OF SEBASTI~N, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-08 WHICH AUTHORIZED ENTERING INTO AN INTERLOCAL AGREEMENT WITH INDIAN RIVER COUNTY, ITS MUNICIPALITIES AND SCHOOL BOARD TO ESTABLISH THE "COUNCIL OF PUBLIC OFFICIALS"~ AUTHORI2ING THE MAYOR TO SIGN, ON BEHALF OF THE CITY, AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE ~COUNCIL OF PUBLIC OFFICIALS" ADDING INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT TO THE MEMBERSHIP~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR-- SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.02, Florida Statutes, permits the establishment of a council of local public officials; and WHEREAS, the City Council of the City of Sebastian entered into an Interlocal Agreement, establishing a "Council of Public Officials" with Indian River County, its municipalities and School Board by adoption of Resolution No. R-94-08 on January 26, 1994; and WHEREAS, the membership of the "Council of Public Officials" has expressed an interest in including the Indian River County Mosquito Control District as a member; and WHEREAS, the Indian River County Commission adopted Resolution No. R-94-96 on July 26, 1994, amending the Interlocal Agreement by including the Indian River County Mosquito Control District as a member of the "Council of Public Officials". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign, on behalf of the City, the amended Interlocal Agreement, including the Indian River Mosquito Control District as a member of the "Council of Public Officials", a copy of amendment to the Interlocal Agreement having been attached to this Resolutioa as Exhibit "A" and by this reference incorporated herein. Section ~. CONFLICT. All resolutions or parts of -resolutions in conflict herewith are hereby repealed. Sect%on 3. SEVE~ABILITY. 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 immediately upon its adoption. I I I I I I i I I I I I I I i I I I The foregoing Resolution was moved for Councilmember . seconded by Councilmember being put into a vote, the vote was as follows: adoption by The motion was and, upon Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland 'Councilmember Francis Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. CITY OF SEBASTIAN By: Arthur L. Firtion , Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney EXHIBIT "A" THIS AMENDMENT W~TI~BSBTH THATt WHEREAS, On December 7, 1993, an Xnterlocm! Agreement was entered into by sev~n local governments in Indian River County to establish a Council which ~uld ~ove l~a~ gove~n~; and WHEREAS, the member 9overnments have unanimously expressed mn interest · in expanding the membership of the Council to include the Indian River County Nosc.[uito Control District; NOW, THEREFORE, it is agreed by and among the parties hereto that each of the original parties agrees to the exp~nsion of the Council to include a mmber of the Indian River County MOlq~ito Control District, and the Mosquito Control District by its signature to this agreement shall b~c~ a full member of the Council with rights and responsibilities equal to the other ZN WITNESS WHEREOF, the parties have entered into this agreement on the day of ~ , 1994. e,.~ B&r~o~, Clerk -- O' city clerk Attest ..I INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners CITY OF ~ BEACH, F~RIDA CITY OF SEBASTIAN, FLORIDA Attest City Clerk City Clerk By Mayor CITY OF FELLSNERE, FLORIDA By Mayor Attest: Attest: Town Clerk Attest Town Clerk Clerk to the Board TO~N OF INDIAN RIVER SHORES By TOWN OF ORCHID By Mayor Mayor SCHOOL BOARD OF INDIAN RIVER COUNTY By Chairman City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Bid Award for ) Culvert Installation ) Seahouse Ditch ) ) ) ) Approved for Submittal By: ) ) City Manager ~~-~,.~/__ _ )) ) Agenda No. Dept. Origin Date Submitted For Agenda of ENG/PW 08-16-94 08-24-94 Exhibits: Bid Tabulation Copy of Bid documents EXPENDITURE REQUIRED: $35,000.24 AMOUNT BUDGETED: $ 60,000 APPROPRIATION REQUIRED: 0 SUMMARY STATEMENT Two bids were received for the installation of the culvert pipe in the Seahouse Ditch. The City of Sebastian will supply all necessary pipe, inlets and fill. St John's permit should be received in Mid September and construction can begin when permit is in hand. RECOMMENDED ACTION Move to award the bid for the Seahouse ditch installation to JoBear Inc. in the amount of $35,000.24. City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 BID TABULATION CiTY OF SEBASTIAN BIDS DUE CONTRACTOR/~0R Aug~zst 2z~, 1994 2:00 P.M. AMOUNT JoBear Inc. Fischer and Sons $35,000.24 $43,021.44 City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 NOTICE OF INVITATION TO BID SEALED BIDS FOR CULVERT PIPE AND INLET INSTALLATION IN THE SEAHOUSE REAR DITCH WITHIN THE CITY OF SEBASTIAN, SEBASTIAN HIGHLANDS UNIT 13, WILL BE ACCEPTED BY THE CiTY CLERK, CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FL 32958 UNTIL 2:00 P.M. ON TUESDAY, AUGUST 2ND, 1994. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: SEAHOUSE DITCH iNSTALLATION THE CiTY OF SEBASTIAN IS SEEKING BIDS FROM LICENSED CONTRACTORS FOR THE INSTALLATION OF 264 FEET OF 18" RCP, 240 FEET OF 24" RCP, 568 FEET OF 30" RCP, AND (3) INLETS. THE CiTY OF SEBASTIAN WILL SUPPLY ALL PIPE, INLETS AND FILL FOR THIS INSTALLATION. CONTRACTOR TO FURNISH LABOR ONLY. CONTRACTORS ARE ENCOURAGED TO VISIT THE DITCH LOCATION PRIOR TO BID. PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONING (407) 589-5330 FOR BIDDING DOCUMENTS AND SPECIFICATIONS. QUESTIONS OR CONCERNS PERTAINING TO THIS INSTALLATION SHOULD BE ADDRESSED TO JERRY THOMAS, ASSISTANT PUBLIC WORKS DIRECTOR, PHONE (407) 589-5490. BIDS WILL BE PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON TUESDAY, AUGUST 2ND, 1994 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. BY: KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN PUBLISH PRESS JOURNAL FRIDAY, JULY 22, 1994 BID FOR.II TO: DATE: BIDDER: SEAHOUSE DITCH INSTALLATION City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, F1 32958 (407) 589-5330 JULY 18, 1994 PROJECT IDENTIFICATION: Culvert Pipe and Inlet installation Seahouse Rear Ditch, Sebastian Highlands Unit 13 according to conditions set forth in St. John's River Water Management District Permit and City of Sebastian Construction Drawings. The undesigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City of Sebastian to furnish and install labor, supervision, tools, equipment, permits and licenses in order to complete the required work in accordance with the specifications for this project at the unit prices shown below: 1. Installation per.foot 18" RCP $ Installation per foot 24" RCP Installation per foot 30" RCP Installation of (3) three inlets Total installation cost for Seahouse SEAHOUSE DITCH INSTALLATION JULY 15, 1994 1. The above prices shall be considered firm bids not subject to price adjustment unless Bidder's provisions for price escalation are stated on a separate sheet attached to the Bid. 2. The bidder has acknowledged the special terms and conditions issued by the City of Sebastian. ADDENDA ACKNOWLEDGMENT The undersigned Bidder acknowledges that he has received the following Addenda for this project prior to the submittal of this bid and that work called for in these addenda is included in the prices above. Addendum No. Dated .$iqnature and Title Respectfully Submitted By: BIDDER ADDRESS BY PHONE NO. FAX NO. DATE Signature Printed or typed name Title SPECIAL TERMS AND CONDITIONS SEAHOUSE DITCH INSTALLATION FOR THE CITY OF SEBASTIAN PERFORMANCE BOND - A Performance Bond shall not be required under this contract. However, should the Contractor not perform the installation according to the schedule or fail to satisfactorily meet the requirements of the St. John's Permit the City reserves the right to call upon the second lowest bidder to perform the work. Should the second lowest bidder not be able to perform the work on a timely basis, the City shall contact the third lowest bidder until a _ Contractor is found to perform the work. The Contractor under Agreement with the City shall be charged any additional amount of costs incurred by the City exceeding the unit price in the Contract for the work performed by the replacement contractor. Failure of the Contractor to pay the charge will result in a breach of this Agreement by the Contractor, rendering it null and void. If the contract is terminated as a result of Contractor's default, Contractor shall pay to the City as liquidated damages the difference between the unpaid balance of the Contract sum and the cost to the City of completing the contracted work. BID BONDS AND PAYMENT BOND - Neither Bond shall be required for this Contract. PAYMENT - The Contractor, upon submitting the invoice for payment, shall identify the sites, work performed, and date(s) the work was performed. PUBLIC WORKS SPECIFICATIONS FOR INSTALLATION OF CULVERT PIPES AND INLETS THE CONTRACTOR SHALL PROVIDE ALL LABOR, AND EQUIPMENT NECESSARY TO SATISFACTORILY PERFORM THE INSTALLATION OF 18", 24" AND 30" RCP AND (3) INLETS IN ACCORDANCE WITH THE SPECIFICATIONS LISTED BELOW: SCOPE OF WORK Contractor will be responsible to excavate ditch to proper elevation and then install 264 feet of 18" RCP, 240' of 24" RCP, 568 feet of 30" RCP and three (3) inlets, backfilling and final grading in accordance with construction drawings and any and all St. John's permit requirements. City of Sebastian has applied for the St. John's permit and will supply copy to contractor prior to start of construction. Contractor will be responsible to restore, repair or replace any damaged property during the course of installation. All debris to be hauled away prior to final grade and sod installation. City of Sebastian will be responsible to call for all line locations prior to construction. City of Sebastian will supply contractor with all pipe materials, inlets and fill bid is for installation labor only. Sod installation to be done by others. ~STRUCTIONS FOR BIDDERS R~0UIRED COPIES Ail bids shall be submitted on the Bid Proposal Forms provided by the City with s~x copies. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show the date and t~me for the opening of the bids, the name of the bid, and the name and address of the B~dder. BIDS ~OT CONSIDERED Late bids, telegraphed, or FAXed bids will not be considered. However, bids may be withdrawn by telegraphic or FAX notice, providing such notices are received prior to the hour and date specified on the bid. BID OPENING Bids must be received at or before the specified time of opening as designated on the Notice of Invitation to Bid. Bidders are welcome to attend; however, attendance is not mandatory. Bids will be immediately opened after the time designated in the Notice of Invitation to Bid and publicly read aloud, providing one or more Bidders are in attendance. A bid tabulation will be furnished upon request after the bids have been reviewed and analyzed by the Bid Review Committee. BID EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening by appointment. REQUIRED INFORMATION Bidders shall follow all instructions and provide all information requested on the Bid Proposal Forms. Contractors wishing to qualify all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Proposals having erasures or corrections must be initialed by the Bidder in ink. 10. INSTRUCTIONS FOR BIDDERS CONFLICT OF INTEREST The award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the B~dder prior to or during performance of the resulti~ contract, the contract shall be subject to immediate termination by the City. LEGAL REQUIREMENTS Contractors must show their current occupational license and be up to date. The Bidder shall submit with the bidding documents one (1) copy of all licenses as a mowing contractor. Failure to submit evidence of licenses shall result in the rejection of the bid. Federal, State, and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Contractors doing business with the City are prohibited from discriminating against any employee, applicant, or client because of race, religion, color, disability, national origin, gender, or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. MISTAKES In the event of addition errors, the extended totals will 'prevail and the Bidder's total will be corrected accordingly. Bidders must check their bid proposal where applicable. Failure to do so will be at the Bidder's risk. Bids having erasures or corrections must be initialed in ink by the Bidder. 11. 12. 14. 15. 16. INSTRUCTION FOR BIDDERS WITHDRAWAL If, within two business days after the Bids are opened, and Bidder who files a duly signed, written notice with the City Clerk's Office, and promptly, thereafter, demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his/her bid. WITHDRAWAL OF FUNDS The obligations of the City of Sebastian under this awar~ are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. PUBLIC ENTITY CRIMES Any person submitting a bid/proposal in the response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, Form PUR. 7068, including proper check(s) in the space(s) provided, and enclose it with said bid/proposal. Forms submitted with this bid/proposal will be for the remainder of the calendar year 1994 and a portion of 1995. DRUG-FREE WORKPLACE The Drug-Free Workplace form, in accordance with Section 20 of the Agreement and as attached hereto, shall be submitted with the Bid Form. BID GUARANTEE The Bidder warrants that the unit prices, terms, and conditions quoted in his/her bid will be firm for acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will remain firm for the Deriod of performance of resulting purchase orders or contracts which are to be performed over a one year period. AWARD The contract will be awarded to the lowest responsible Bidder or Multiple Bidder(s) whose bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to the City in consideration of price and other factors as determined by the Bid Review Committee. 17. INSTRUCTIONS FOR BIDDERS REJECTION OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or charges in the work and to negotiate contract terms with the successful Bidder, and the right to disregard all non- conforming, non responsive, unbalanced, or conditional Bids. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders and no participants in such collusion ~11 be considered in future proposals for the same work. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE 589-5330 [] FAX (407) (407) 589-5570 SUBJECT: Bid Waiver for Culvert pipe Seahouse Ditch Installation Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda of ENG/PW 08-16-94 08-24-94 Exhibits: Copy of Commodities Contract for Indian River County EXPENDITURE REQUIRED: AMOUNT APPROPRIATION $12,503.20 BUDGETED: $60,000. REQUIRED: 0 SUMMARY STATEMENT A bid waiver will be required to purchase the culvert pipe for the Seahouse Ditch Installation project. The City of Sebastian has been purchasing pipe from the Indian River County Commodities Contract which is attached for your review. The project will require the following pipe 264 feet of 18" RCP, 240 feet of 24" RCP and 568 feet of 30" RCP. The total cost for all pipe is $12,503.20. The vendor for this purchase is Southern Culvert. RECOMMENDED ACTION Move to waive bids and purchase pipe from the Indian River County's Commodities Contract in the amount of $12,503.20.from Southern Culvert. INDIAN RIVER COUN'I . PURCHASING DIVISION INVITATION TO BID 2625 19th Ave · Ve,o Beach FL 32960 · (407) 567-8000 exl 416 SUBMISSION INFORMATION "4 008 INVITATION 0 8 / 1 1 / 9 3 B,D OPEN,~.p6*6, P.M. LOCAL TIME: LOCATION: INDIAN RIVER COUNTY PURC~! 2625 tgTH AVENUE VENDOR INFORMATION VERO BEACH. FL 32961T If label is a",'ed. 596 ~,e,semak, SOUTHERN CULVERT A DIVISION OF co,,ec,i~-s WHEELER CONSOLIDATED INC Omherwlse. 1031 DEGEORGIA ROAD ISSUANCEOATE:07/28/93 PAGE · "'e'tu" FT PIERCE FL 33450 mEOUISITK)NI: PUBL-4-5036 address, eUYER; FR~q BOYNTON ITEM CLASS-ITEM DESCRIPTION OUANTITY UNIT UNIT PRICE E ANNUAL BiD TO ESTABLISH FIRM FIXED PRICES.FOR THE PERIOD OCTOBER l, 1993 THROUGH SEPTEMBER 30, 1994 FOR THE FOLLOWING MATERIALS AND/OR SERVICES ON AN AS NEEDED BASIS. INDIAN RIVER COUNTY WILL NOT BE BOUND BY ANY EXACT QUANTITIES ON THiS BID. THE QUANTITIES ARE ESTIMATED AND MAY INCREASE OR DECREASE DEPENDING ON THE NEEDS OF THE COUNTY. ANNUAL BID MAY BE RENEWED FOR TWO (~) ADDITIONAL ONE (1) YEAR PERIODS SUBJECT TO VENDOR ACCEPTANCE, SATISFACTORY PERFORMANCE AND DETERMINATION THAT RENEWAL WILL BE IN THE BEST INTEREST OF THE COUNTY. NOTIFICATION OF INTENT TO RENEW WILL BE MAILED SIXTY (60) CALENDAR DAYS IN ADVANCE OF EXPIRATION DATE OF THIS AWARD. ALL MITERED ENDS SHALL BE CONSTRUCTED ON A FULL 8' LENGTH OF PIPE WHICH SHALL BE INCLUDED IN THE PRICE OF THE PIPE MITERED END. THE REINFORCED CONCRETE PIPE (RCP) SHALL MEET D.O.T. FLORIDA STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EDITION, CLASS 3-0, aFT LENGTHS. DELIVERY SHALL BE WITHIN 2 WEEKS OF RECEIPT OF ORDER. MINIMUM ORDER: 4aFT PRICES .Q~_O_TED ARE FORQUAN~ITiES ~ S H I PP E~ I N. TRUCI~F LOA~ ..S~JO~DB.~.LOW MUS..T. BE COM.PLETED IN FULL AND SIGNED DELIVERY:. _ calendar days eller receipt of order. PROMPT PAYMENT DISCOUNT:2~; 1 0 Days The undersigned hereby certifies lhat they have read and understand the contents of this solicitation and agree lo furnish al the prlcesmst',~ or all o! the items above, subiect to all inslructions, conditions, specifications and attachments hereto. Failure lo have read all the ~lhis solicilalion shall noI be cause !o alter any resulting contract or request additional cornpensatlon. ~A .-" ,=,.~, :___.,/_/ .... / SOUTHERN CULVERT A D uthorized Signal .uw~'--~.. Company Name: Typed;Printed Name, T¢,,'r¥ D. Handsel Dale: 8-i0-9] necelslry co.eclions ente~ fUll address, CLASS.ITEM INDIAN RIVER COUN1 . PURCHASING DIVISION INVITATION TO BID 2625 lglh Ave · yr,,-, Beach ICL -12960 · I40?l S67.8000 exl. 416 VEhlDOR INFORMA? ION 596 SOUTHERN CULVERT A DIVISION OF WHEELER CONSOLIDATED 1031 DEGEORGIA ROAD FT PIERCE FL 33450 - SUBMISSION INFORMATION oo§ INVITATION il: o8/z1/93 e,O OPENi~.p~T~' P.M. LOCAL LOCATION: INDIAN RIVER COUNTY PURCHASING 2625 lgTH AVENUE VERO BEACH, FL 32960 ISSUANCE DATE: 0 7 / 2 8 / g 3 REOUISlTION I1:PUBL-4-5036 eUYER: F]~ BOYNTON DESCRIPTION OUANTITY UNIT UNIT PRICE EXTENSION S BID WILL BE ON AN "ALL OR -- TO THE OVERALL LOWEST, MOST ND RESPONSIBLE BIDDER. F PRICES WILL BE AS MS THROUGH WILL AL 80~OF PRICE MS THROUGH WILL AL 2--~OF PRICE--~UATION. lo $ 5o.qo $ 5oq.oo END SECTION 2 ER $ 66.q0 $ I]2.80 lo gA $ .q0 $ 5_8q.oo END SECTION 2 ,EA '$ Th.h0 $.,, ,1~8.80 lO gA $ 78.00 $ 780.00 gND SECTION 2 EA $ 9/~.00 :$ f8B.00 10 EA $ 116.00 $1160,00 ~ND SECTION 2 gA $ 26q.00 $ 528.00 10 gA $ t60.00 $1600.00 ".ND SECTION 2 HA Si.00 $ 70q.00 10 HA $ 20q.00 $20q0.00 10 HA $ 2qq.00 $2qq0.00 OF THIS AWARD NONE" BASIS RESPONSIVE EVALUATION FOLLOWS: A. ITEMS TOTAL EVALUATION. B. ITEMS TOT~ 15" X 8' RCP 15" MITERED 18" X S RCP X8" MITERED 24" X 8 RCP 24" MITERED 30" X 8' RCP 30" MITERED 36" X 8' RCP 36" MITERED 42" X 8' RCP 48" X 8' RCP '~' THE SECTION BELOW MUST BE COMPLETEO IN FULL AND SIGNED · DELIVERY: 3- 5 calendar days after receipt Gl o, der.PROMPT PAYMENT DISCOUNT: 2~; 10 Days% Net _.~O day! The undersigned hereby certifies lhat Ihey have read and understand the conlents of this solicitation and agree to furnish at the prices shown an or all of the ilems above, subject Io all instructions, conditions, specifications and attachments hereto. Failure Io have read all the provisions lhis solicitation shall nol be cause Io aller any resulting conlr~[ or request additional compensation. '-~ .,,._~7-"~--.~" ........./ SOUTHERN Authorized SignatuTLr-'"'- .'-:/ ,, Company Name: Typed.,'Prinled Name' l(.,*ry O. Handsel Date: 8-10-c)~ CULVERT/A~V. I S City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: Bid Waiver for Concrete Inlets Seahouse Ditch Installation Approved for Submittal By: City Manager~~ ! .... Agenda No. Dept. Origin Date Submitted For Agenda of ENG / PW 08-16-94 08-24-94 Exhibits: Shop Drawings Copy of cost Estimate EXPENDITURE REQUIRED: $2,799.00 AMOUNT APPROPRIATION BUDGETED: $60,000 REQUIRED: 0 SUMMARY STATEMENT A bid waiver will be required to purchase the three inlets required for the Seahouse ditch installation project. American Concrete is a sole source for manufactured inlets of this type. We have purchased all past inlets from them and have never had a problem. RECOMMENDED ACTION Move to approve bid waiver an~ direct staff to purchase three inlets from American concrete for $2,799.00. AMERICAN CONCRETE INdUsTRiES, INC. ~0 NORTH ROCK ROAD FORT PIERCE, FLORIDA DA~: ~ 29, 1994 ~-. S~: ~ST O~I~ ~ 127 .l~: CI~: S~Ti~. ~O~DR 32978 BID DA~. ~.S. ~RY t6626 ~ ..... mtn ihmT~) ..... (piti Des~ ~o'ces: 3.qO NOKrH ROCX ~ORT PIERCF. R.ORI~A AmErican Co~cr~-'r~ IndusTries, Inc. I TTPE "D" INLET ~_ -.s. 1. All concre~-a has a minimum ~,000 PSI compressive s~ren&~ a~ 28 ~~ ~ 2. T~e II cement. . S~CTI0~ ~-. %v. ~E "D" INLET I I i I I I PLA~ ~C~TON Des~i'A ~o~es: minimum ~-, oo0 I T~E "D" I~LET D.O,T. American COncmtTE IndusTriEs, Inc. FORT ~IF...RCF_ R. ORIOA 34~,5 TOTAL City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Golf Course Computer Upgrades Approval For Sobmittal By: City Manager ~.~,~/IA ~ AGENDA TRANSMITTAL AGENDA NO. 942/,5 Dept. Origin: Golf Course & Finance Date Submitted: 8/18/94 For Agenda Of: 8/24/94 Exhibits: - Finance memo 8/16/94, Cash Flow Projections, Upgrade Quote From Computer Golf Software, Inc. EXPENDITURE REQUIRED: $3,500 AMOUNT BUDGETED: $3,500 APPROPRIATION REQUIRED: SUMMARY The Golf Course Computer hardware needs upgrading immediately due to a serious lack of memory. In the upgrading process, we will add a bar-code scanner and other changes to improve payment and processing of Golf Course fees. Additional information on cash flow projections, vendor quote, etc. are attached. RECOMMENDATION Move to approve the Golf Course computer upgrade from Computer Golf Software, Inc. at a cost of $3,500. ~ City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: ' August 16, 1994 Joel L. Koford, City Manager Marilyn Swichkow, CPA~ Finance Director Computer Hardware at Golf Course TO: FROM: SUBJECT: The Golf Course computer hardware is currently configured with four terminals and tele- tee phone system on one hard-drive. The system is inadequate in memory to continue processing tee-times, point-of-sale cash register, inventory and handicaps. Representatives of the Golf Course software vendor and I have both reviewed the existing system in order to make the most cost effective recommendations for a solution. I recommend the hardware upgrade of two computers connected to the existing LAN (local area network). The existing system, with upgrades, will be able to provide more memory to properly execute current applications. The upgraded system will minimize keystrokes, codes and input detail by cashiers for each cash ticket processed. The implementation and use of a bar-code and scanner system will increase speed and accuracy. The enhanced and up-graded system is user-friendly. This will benefit customers and cashiers of the Golf Course. Computer Hardware/Golf Course August 16, 1994 Page 2 The hardware upgrade installation, and configuration is quoted at $3,500.00 and $500 for a hand-held bar-code scanner by Computer Golf Software. The prices are comparable to other vendors. The primary reason for using the existing vendor is to minimize disruption of the telephone tee-times system, take advantage of existing software and hardware by upgrading, and implementing the existing bar-code system. The Golf Course administration and pro-shop has $3,500.00 budgeted for equipment in the current fiscal year. At a minimum, we should purchase the upgrade and "fred" the $500 needed for the scanner in another line item. If you concur, John and I will prepare an agenda request for a bid waiver for the August 24, 1994 meeting. Attachments: (1) Golf Course Cash Flow Projections (2) Internal Control Report Extracts on Computerization CC: John Van Antwerp /sg Golf Course Cash Flow Projections Through 9/30194 Cash @ 8-15-94 Investments @ 8-15-94 Total Add: Revenues Less: Debt service payment Less: Aug & Sept operating expenses Less: Legal Debt Service Reserve Available to fund R & R and O & M reserves $175,981.43 324,473.39 $500,454.82 45,000.00 (141,927.50) (135,900.00) (209,49O.O0) $58,137.32 =~=oftware, Inc._ I i i I I I i I I I I The hardw~ I following: HARDWARE UPGRADE QUOTE 1700 Southwest 12th Avenue Boca Raton, Florida 33486-6619 (407) 392-6740 Fax: (407) 750-7068 CITY OF SEBASTIAN MUNICIPAL GOI~ COURSE I '~~.-~'~'.wli~a~.n~~t '":'" m' tar ........... . ,, ,..... ,.. ., ........ l~oo ~.. ~nd~t~, soma ~~en'~ may be~ ~io'ntinu'~'~~bI~:'~ :~;'~~;~ '~',t~ For ~'-~e O~:~-~i"-~-- . ,' ...... - , ' ,; ,,- :,:'' ..:l* ' ,,.. ' , . .' , .... W.~~ m ~he i~l~enM~ of.7o~' a~ ttem~ ' o - - ' . . ,. ,, ............. ~, . ...... .. ,. ~ r ~er vMUe.may be has a Il_Year L/roi.ted Warranty which includes the I 1st year: Parts & Labor on-site with next bus/ness day response 2nd & 3rd y~,ar: Parts Warranty INST~~O .N: 1 DAY Ins~t~on cost include set-up of computer hardware and installatio ,~ of software on computers at Customer Site. Plus expenses'I. T TAL CO,ST FOR HARDWARE $ 8,000.00 ~o~~~.. co~ ~OL~ Som~ crr~ oF smAsr~, ~L ~ Wo~.'~,l D~. ~.,o~,~. '" ' ....... Date: _ [ Date: ._ _. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 (407) FAX (407) 589-5570 TELEPHONE 589-5330 SUBJECT: Above Ground Tank Enclosure - City Garage Approved for Submittal By: City Manager~~'V~ Agenda No. Dept. Origin Date Submitted For Agenda of ENG / PW 08-18-94 08-24-94 Exhibits: Copy of Estimate Copy of Picture. Letter from D.E.P. EXPENDITURE REQUIRED: $3000 AMOUNT BUDGETED: $ 0 APPROPRIATION REQUIRED: $3000 SUMMARY STATEMENT The City of Sebastian is under deadline to resolve the above ground tank problem at the City Garage. After discussion with HRS we have determined that WF Associates is the only company who can build a Secondary Fuel Containment for the existing tank and have it meet the double wall requirements. At this time, we are requesting a bid waiver due to sole source supplier to WF Associates in the amount of $3,000.00 to bring the tank in compliance and avoid any future fines or problems. RECOMMENDED ACTION Move to approve a bid waiver and direct staff to authorize WF Associates to build a Secondary Fuel Containment for the gas tank at the City Garage in the amount of $3,000. Florida Department of Environ'mental Regulatt~ P.O. 9o~'3924 & I Ft, Pi.rCet .FL 349~8 .tank cons2ruc2~ton. Please be advised of the fo110~inq; After a comprehensive FeV[Gw. o£ '2h~ ~ubl~[%%ed plan=, and speciflcattong, it ie o.u~ opinion ~ha~ the_ proposed desiq~ I m~et, the c~t~eria ~st&bllshsd in chapter 17 762, F.&.C., ~or con2aot me at (904) secondary containment., Ii I may be o£ £ur2h~r aesis2an~, please de ~Olti~P, ~v~ct I · 'not h~tfate fo ~ Pqm ~..._1 o~ 1 Ping, City of Sebastil~n 8TP,~T 1~5 Main Street WilkSSOCIATES, INC. 1030 Digiorgio Road Ft. Pierce, FL 34982 Sebastian, Fl. 32958 407-589-5490 ~ wi; Jerry Thomas FAX (407) i~-18-1994 Maintenance Yard .... (FAX)407-589-S570 The supply of one 1100 galion~Stor-Safe System 110% Secondary Fuel Containment and install customers 1000 gallon UL-142 Diesel Kuel Storage Tank in containment. System will include 110% Secondary Containment and will include'rain covers, overspill and overfill protection, stairs, emergency and standard vents and'three coats of paint inside add out. Containment will be constructed of 3/16 steel with 4" I-Beam: supports. Primary and Secondary Fuel Storage Tanks will meet DER and UL-142 Specifications. Containment will be placed on the customers concrete pad at this site. $3,000.00 ,.,,,,. ml;j · ,... lmm, .1 II IU . m LI illll iii P~ymem le be made dol~a,,,,, ($ the work am tpe~fled. Payment wll be macle as outr~ed Dat~ o! A~eptance: ,,, City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Sebastian Soccer Assoc. ) (SASA) ) Approval For Submittal By: · City Manager AGENDA NO. ~/-/(, ~/~ Dept. Origin: Joel L. Koford City Manager Date Submitted: 08/08/94 For Agenda Of: 08/24/94 Exhibits:- Richter Letter Little League 8/2/94 Lease EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The Sebastian Area Soccer Association (SASA) is requesting to utilize the Barber Street Sports Complex fields, restrooms and concession stand for the fall 1994 soccer season. The season will run from 9/3 to 11/19 of this year. As in the past, SASA has requested the use and the City Council has granted permission, subject to the same conditions and terms as provided within the City's lease with the Sebastian River Area Little League. RECOMMENDATION Staff recommends approval subject to SASA providing the appropriate insurance binder, listing the City as the additionally insured and also subject to the conditions contained within the lease agreement between the City and the Sebastian River Area Little League, Inc., for the period of September 3,1994 through November 19, 1994. -~ . %~, Sebastian Area Soccer Association r~ ~ ~ Sebastlmn. , 1. 38958 August, 8~!994 Mr.' Joel Koford City Manager City of Sebastian 1885 Main Street Sebastian, Fl. 32958 Dear Mr. Koford, On behalf of Sebastian Area Soccer Association (SASA), please accept this letter as a formal request for the use of Barber Street Sports Comp]e× fields, Restrooms and Concession Stand for the Fall 199A soccer season. SASA~s season ~ill run from 'September 3 through November 1~ 1~4. For your information, Sebastian Area Soccer ~as established on October 30 1998 by a small group of Sebastimn parent~ to provide recreational soccer to youths aqes A-15 in their home town. We are proud to report that each'year SASA has experienced an overwhelming response from area youths and this year reoistrations have exceeded 83~ players. As has been in the past, SASA has received permission from the City to use 4 fields at the Sports comp]ex. In addition, SASA has agreed to the same terms and conditions as outlined in the City's iease with Sebastian River Area Little League with regards to the maintenance and upkeep of the facilities. If you have any questions~ please feel free to contact me at 388-9341. Thank You, Cory Richter Vice ~resident SASA m LEASE AGREEMENT /'h_~ ~ THIS LEASE AGREEMENT, made and entered into this ~ day of m (_,,~-~/~-0',_ , 1990, by and between t_he CITY OF SEBASTIAN,- Flb-rida, a Florida municipal corporation located in Indian River County, Florida, party of the first party (hereinafter referred to as the m "Landlord"), and the SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., a Florida Not-For-Profit corporation, party of the second part ' (hereinafter referred to as the "Tenant"). m wi TNES SETH: WHEREAS, the Landlord is the owner of certain real-property located in the City of Sebastian, County of Indian River, State of m Florida; and WHEREAS, the Landlord has agreed to lease such real property' m to the Tenant subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease such real property from m the Landlord. NOW, THEREFORE, in' consideration of the premises, the covenants, terms and conditions to be performed as set fort m hereinafter, the receipt and sufficiency of which' are hereby~ acknowledged, the parties hereto have agreed and do agree as follows: 1. Leasgd Premises: Subject to'the terms and conditions set forth in this Lease Agreement, and for so long as the Tenant shall continue to operate a baseball league for youth, the Tenant and the the area's Landlord leases to the Tenant rents from the Landlord the certain real property located at the Barber Street Sports Complex located in Sebastian, Indian River County, Florida, such property of the Landlord being more particularly described as Fields #1, .#2 and the refreshment stand/rest room building as identified on Schedule "A" attached hereto and by.this reference incorporated herein. The aforementioned real property and any improvements constructed thereon, including buildings and fixtures, shall be hereinafter referred to as the "Leased Premises". 2. ~erm of Lease: This Lease shall be for one nonrenewable term (hereinafte~ the--"Lease Term.) beginning on the date of execution of this Lease by both parties and ending on November ~004, unless earlier terminated or extende~ ......... ~1, .owever, th. termination of this Lease by e~t~rP~e~h~le~e~ operate to cure any default of any of the terms and conditions of this Lease by ~ defaulting party. 3. Rent: The rent to be paid by Tenant to the Landlord for the Lease Term shall consist of the sum of One Dollar ($1.00)~__ The parties hereby acknowledge payment by Tenant and receipt Landlord of said rent. )~ 4. Additional Rent: The Tenant agrees to pay as rent in addition to the re~% provided for in Paragraph 3 of this Lease Agreement, any and all sums which may become due by reason of the failure of the Tenant to comply with all of the covenants, terms and conditions of this Lease and any and all damages, costs and expenses, including attorney's fees (both at trial and all appellate levels) which the Landlord may suffer or incur by reason of such default, and also any and all damages to .the Leased Premises caused by any act or neglect of the Tenant or its assignees or sublettees. ' 5. Insurance: . (a) Llabilit Igsurance: From February 1 through July 31 of each year outing :ne Lease Term, the Tenant shall provide and keep in force at its own expense public liability insurance coverage with respect to the Leased Premises and all improvements made to the Leased Premises. The insurance coverage to be provided by the Tenant shall contain limits of not less than $300,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident.. (b) Miscellaneous. Any policy or policies of insurance required by th6 Lea~e shaI~be issued by one or more insurance companies authorized to engage in business in the State of Florida and the Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All such policies shall name the Landlord as an additional insured and shall contain provision for notice to' the Landlord not less than ten (10) days in advance of any cancellation or material change of such policy or policies. In case of failure of the Tenant to make premium payment when due, the Landlord may pay the amount of any SUCh premiums, which amount with interest thereon from the date of payment by the Landlord shall be due and payable by the Tenant to the Landlord /mmediately. Copies of renewal policies for any insurance required under this Paragraph S shall be deposited by the Tenant with the Landlord at least ten (10) days prior to the expiration of existing policies, and upon the failure of the Tenant to do so, the Landlord may immediately purchase, for the account of the Tenant, the necessary insurance from any reputable insurance company without notice to the Tenant, and the Tenant shall reimburse the Landlord for the cost thereof within ten (10) days after demand for same by the Landlord. The Tenant shall have the right to carry the insurance provided for in this Paragraph 5, or any portions of such insurance under a blanket or comprehensive all-risk'policy. 6. Use of Leased Premises: (a) ~xclusive Right of Use: During the Lease term, from February 1 through July 31~""the"Tenant shall have the exclusive 2 right to use and enjoy the Leased Premises, provided, however, that the Tenant shall have the non-exclusive right to use the rest rooms, switch room, and all comon areas, including, but not by way of limitation, the parking lot, spectator areas and bleachers. ('b) Use of Refreshment Stand: The Tenant agrees that the refreshment Stand/~est room bulidin~ to be operated by it on the Leased Premises will not be operated in such a manner as to constitute 9 nuisance or a hazard and that in connection with the operation oI SUCh Iacllity, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authority having jurisdiction over such facility operated in the Leased Premises. If for any reason the Tenant is unable to obtain, or once obtained is unable to continue to hol~, the applicable governmental licenses or permits allowing it tO-operate the r~freshme~t stand, or if the Tenant shall, for any reason, cease operating the refreshment stand, then, the Landlord shall have the right to retake possession of the refreshment stand/- restroom building and to undertake its operation or, to enter into an agreement with a third party whereby such third par%.¥ shall operate the refreshment stand. Thereafter, the Tenant sh~il have no further right or interest in the refreshment stand/restroom bu~lding, i (c) Use aS Recreational Facility: The Tenant agrees that the Leased PremiSe~' shall be used by the Tenant solely-as a recreational facility for its members and guests. The Tenant agrees that the Leased Premises shall not be used fo~- auy ~ther purpose. (d) Possession and Use of Alcohol: The Tenant~ shall not permit the possessl6h Or us~"of aicoho~ on the Leased Premises. 7. Utilities: The Landlord shall be responsible for electricity, wat~r~sanitary and storm sewer. The Tenant shall 'be responsible for Janitor service and any other utility or service consumed in connection with the occupancy of the Lease~ Pr~ises by the Tenant. 8. Affirmative Covenants of Tenant: The Tenant covenants and agrees that it will ~i~h06t demand: ' (a) Preparation. of Fields: Assume responsibility and undertake a~Y and all 'pr~'ParatiohS and efforts for performed on the Leased Premises in order that it required to be a playing field for the game of baseball, including~m~y be used as of limitation, lining, dragging, and ra~ing lines and 'warning tracks. Furthermore, it shall responsibility to furnish all equipment necessarvt¢, provided however, that the Landlord shall, u~:~n tht~. of this Lease, furnish two sets of bases, Inch%)~!iihu' rubbers, and shall replace said items on a yearly basfs.~ when the necessity of such replacement is due to ordinary wear and tear. (b) Waste: Conduct its use of the Leased Premises in such a manner as n6t to be a nuisance, and shall not allow any noxious odors or vapors to be emitted from the Leased Premises. Use of explosives, flammable and/or corrosive agents and other like materials is not approved unless authorized by the Landlord in advance. Any cleaning agent apparatus will be installed and vented to the outside at the Tenant's cost and only if installation is approved in writing in advance by the Landlord. The Tenant shall not engage in activities that waste the Leased Premises. ~c) ~ Keep the Leased Premises ~and all mpro~emen=s erec=ed thereon in a clean and orderly state, including, but not by way of limitation, all fields and adjacent spectator areas, the announcers, stands and scoreboards, the "dugout" areas of each field, the refreshment stand, and the' restrooms. Tenant's obligation to clean shall include the duty to collect and deposit all trash and garbage into the containers located on the Leased Premises for this purpose. The Tenant's responsibilitiesunder this Paragraph 8 (c) shall also include the duty to supply the rest rooms with toilet paper and all other necessary sanitary items. The Tenant shall permit the Landlord's duly authorized agents to .enter upon the Leased Premises and the buildings and improvements thereon erected at any reasonable time, and from'time to t/me, for the purpose of inspecting and appraising the same. The Tenant shall comply with all reasonable orders, regulations, rules and requirements of every kind and nature relating to the cleaning or orderliness of the premises, now or hereafter in effect, of the federal, State, municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, or to changes or requirements incident thereto, or as the result of any use or occupation thereof or otherwise, and the Tenant shall pay all costs and expenses incidental to such compliance, and shall defend, indemnify and save harmless the Landlord from all expense, and damages by reason of any notices, orders, violations or penalties filed against or imposed upon the Leased Premises or against the Landlord aS owner thereof, because of the failure of the Tenant to comply with this covenant. In the event of the failure of the Tenant promptly to perform the covenants of this Paragraph 8(c), the Landlord may go upon the Leased Premises and perform such covenants, the cost thereof, at the sole option of the Landlord, to be charged to the Tenant as additional and delinquent rent. (d) Im r~_ents: The Tenant shall not cause any improvements to~e Leased Premises without the advance written consent of the Landlord. Provided, however, that %his provision shall not be deemed to prevent the Tenant from performing 4 ! ... ( I' or arranging for the performance of any of its duties or exercising any of its rights under Paragraph 8. Unless otherwise agreed in writing between the parties hereto, all costs of any improvements shall be borne by the Tenant. All improvements made on the Lease Premises, including the construction of buildings and installation I of fixtures, shall become the property of theLandlord upon their construction or installation, but shall be deemed part of the Leased Premises for ~urposes of this Lease Agreement. I (e) ~ The Tenant shall not erect or maintain any ~9 ~7_~igns .o~ Leased Premises of a commercial or private iauv~r~s~ng nature. . . (f) Security: Keep locked the announcers, stands and the refreshment~t room building, including related storage I areas, when such premises ar~ not being used by the Tenant. · (g) Batting Cages.. The Tenant shall have the right to' install two (2) battihg practice cages, provided, however, that any I such cage or cages shall be installed and maintained in the area of the Leased Premises set aside for this purpose by the Landlord pursuant to its obligations under Paragraph 10 (b). The Tenant I shall bear all expenses related to the purchase, installation and maintenance of such batting practice cages and shall at all times keep such cages in good c~ndition and repair. I (h) Compliance: Comply with any requirements of any of the.c~nst{tu~e~~prities, and with the terms of any state or zeoeral s:a=u=e or local ordinance or regulation applicable to I the Tenant or its use of the Leased Premises, and save the Landlord harmless from penalties, fines, costs or damages resulting from failure so to do. i (i) Fire: Use every reasonable precaution against fire. I (j) Rules and Regulations: Comply with reasonable rules and regulations of'" the Lahdl0rd'promulgated as hereinafter provided. I · (k) ~urren~er o$ L~ased Premises: Upon the expiration or other termination of this Lease, lot"any reason whatsoever,. surrender to the Landlord the Leased Premises together with the i buildings and improvements thereon erected or standing thereon and the building equipment then upon the Leased Premises, together, with all alterations and replacements thereon, in good. order, condition and repair, except for reasonable wear and use thereof, and except for such damage by any taking by condemnation or exercise of the right of eminent domain. The Tenant further agrees to promptly I" f~:~sfo the Landlord at its office all keys for the Leased , I (1) Nptice of Casualty and Heed for Repair: Give to the Landlord promp~written notice 6f ~ny accident, "fire, or damage I occurring on or to the Leased Premises. Give to the Landlord prompt written notice of any condition of the Leased Premises requiring repair or maintenance which the Landlord has agreed to I take responsibility for under Paragraph 10. ~J _(m) Vacation: If the Tenant shall vacate or decide at I any =2me aurxng =ne Lease Term to vacate the Leased Premises prior to the expiration of this Lease Term, or any extension of the Lease, or if the Tenant' shall cease for any period to he a not- for-profit corporation, or to utilize' the Leased Premises as a I recreation facility, this Lease shall/m mediately terminate without the necessity of any legal proceeding or other action on_the part of the Landlord, and all right, title and interest in the Ieasehold I created by this Lease shall revert and revest in the Landlord immediately and automatically. 9. Ne~ative..Cov.ena~ts...of.Tenant: The Tenant covenants and I agrees that it will do none of the f'611owing things without the consent in writing of the Landlord first had and obtained: (a) Use: Occupy the Leased Premises in any other manner i or for any other purpose than as above set forth. . (b) Assignment, ftc.: Assign this Lease or hypothecate I or assignment, transfer, hypothecation, mortgaging or subletting without the written consent of the Landlord shall be I void ab lnitio. (c) Alterations and Improvements: Make any structural alterations, /~provem~ntS' "o~ addition's to the Leased Premises, except as provided herein. All structural alterations, additions and improvements (except trade fixtures, furniture and equipment other than building equipment) which may be made or installed by the Tenant upon the Leased Premises shall upon the making or installation thereof be and become a part of the Leased Premises and shall remain upon and be. surrendered with the Leased Premises as a part thereof at the termination of this Lease, unless the Landlord shall, prior to the termination of this Lease, have given written notice to the' Tenant to remove the same in which'event the Tepant w~ll r?ove_such_ alterations, improvements, and additions and res=ore t~e Leased Premises to the same good order and condition in which they now are. Should the Tenant fail so to do, collecting, at the Landlord.s option, the cost and expense thereof from the Tenant as addit~onal rent. (d) MachlnP_ry: Use or operate any machiner that in the Landlord's o s ha Y ' ..... b~ rmful to the Leased Premises or the ouizalngs oz which the Leased Premises is a part. _ (e) ~ Place any weights in any portion of the Leased ~remlses~he safe carrying capacity of the structure. (f) Vacation. durin- the -- _ . Vacate or desert the Leased Premises ~ Lease Ter~, or permit the same to be empty and unoccupied' without the peTission of the Landlord. (g) ~cordation. Record this Lease. If the Tenant violates this covenant,"'the Tenant hereby irrevocably authorizes, empowers and designates the Landlord as its lawful attorney for the purpose of having said Lease marked satisfied of record. .. (h) Encumbrances/Liens- - , · ..... -,,~ mortgage, lien or onner encumbrance or security interest to be created against or attaqhed to the Leased Premises or any building or fixtur~ located thereon. 10. Obligations of Landlord: The Landlord covenants and agrees that it Will withou~demand: (a) Maintenance and Repair: Keep the Leased Premises and all improvements erec'te'~ thereOh'"'lh good condition and repair, including the exterior and interior structures, the roof, all plumbing, heating and electrical systems, the field lighting, score boards, fencing and backstops, 'dugouts- and announcers, stands. In addition, the Landlord agrees to keep in good condition and repair all common areas of the Leased Premises, including the parking lot, spectator areas and bleachers. The Landlord further agrees to maintain all grass areas of the Leased Premises, which duty shall include mowing, fertilizing'and operating an irrigation system. (b) Trash Removal: Remove from the Leased Premises all trash and garbage'' 6ollec~ed by the Tenant pursuant to its obligation under Paragraph 8(c). (c) ~ges: The Landlord shall provide adequate space on the Leased~for the Tenant to install up to and including two (2) batting practice cages as permitted under ParagraPh 8(g). 11. Landlprd'sRi~hts: The Tenant covenants and agrees that the Landlo~ s a ave e right to do the following things and matters in and about the Leased Premises: · (a) Inspection: At _all reasonable times by its duly authorized agent to "gO'upon and inspect the Leased Premises and every part thereof, and/or at its option to make repairs, alterations and additions to the Leased Premises. (b) Use of Leased Premises: Use the Leased Premises for any public purpose f~o~ A6gu~'t i ~hrough January 31 each year, plo lded, however, that during this period the Tenant is relieved of performing its obligations under Paragraph 8. 12. Responsibility of Tenant. The Landlord shall not in any event be reSpons'ible~ 'and the Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of the Tenant and the Landlord) and damage, destruction, or loss of use of any property, including the Leased Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Leased Premises during the period of time the Tenant has the exclusive right to use and enjoy the Leased Premises as set forth in paragraph 6(a), except if same results from the negligence of the Landlord, its agents, servants, or employees or from natural diasters uT acts of ~.~ a~aAn~u any ano all c£alms, 0emands suit damages, liability end costs ,inc~.,~--- -~-- . expenses) erisin out of or e~ ~"~"~ acco=ney s tees aha. or occupation of the Leased Premises during the Tenant has the exclusive right to use and enjoy the Leased Premises as set forth in Paragraph 6 (a), unless due to the negligence of the Landlord, its agents, servants or employees.or natural T~ ...... acts of God. ne ~ano£oro shall promptly notify the Tenant of a~'~laim~ asserted against the Landlord on account of any such injury or claimed injury to persons or property and shall promptly deliver to the Tenant the original or a true copy of any summons or other process, pleading or notice issued in any suit or other proceeding to assert or enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have 'the it right, if sees fit, to participate in such defense. It is further covenanted and agreed by the parties hereto that in no case shall the Landlord be liable under any expressed or implied covenant of this Lease for any damages whatsoever to the Tenant accruing after any act or breach of covenant for which damages may be sought to be recovered against the Landlord. __Th~ ~enant. s~all _defend, indemnify and hold harmless the .... = ~ ~ ur uea=n o= any persons or damage or ass=ruction of any proper~y (including loss of use thereof) caused by or in any man, er arising out of any breach, violation or nonperformance by the Tenant of any covenant, term or provision of this Lease. 13. Damage to Leased Premises: In the event the Leased Premises are d~m~'ged bY fi~e or ~her casualty not occurring through the fault or negligence of the Tenant or those employed or I acting for it, the parties hereto agree as follows: i (a) The Landlord shall be obligated to restore the Leased Premises if the insurance proceeds payable to the Landlord due to damage caused by fire or other casualty is sufficient to cover the costs of restoring the Leased Premises to their original condition. I (b) In the event insurance proceeds payable to the Landlord are insufficient to cover the costs of restoring the Leased Premises to their original condition, and if facilities I comparable to the Leased Premises are than available, this Lease shall terminate and the Tenant shall have the option to l~ase the comparable facilities under terms and conditions that the parties I shall, at such t/me, mutually agree upon. (c) In the event insurance proceeds payable to the' Landlord are insufficient to cover the costs of ~storing the Leased Premises to their original condition ~n6 facll~ties comparable to the Leased Premises are not then av&i~.able, the parties agree that, prior to instituting any legal ~c%.ion~ they shall make a good faith effort to negotiate a remedy equitable to each party. In'the event the Landlord undertakes to res%ore the result the Leased Premises or ~,.~. L~,,~]_(,rd's repair efforts'the Leased Premises are rendered unter~an%~b!e, the Lease. Term shall be extended for a period of time e~.al %o the period of t/me the Leased Premises remain untenantab3, c. (e) The Landlord has let the Leased Premises in their · present condition and without any representation~ on the part of the Landlord, its officers, employees, servants' and/or a~n%.'s. The Tenant hereby acknowledges that it has ~be inspect~6 Leased Premises prior to executing this Lease and that it fines the Leased Premises to be in satisfactory condition. 14. Miscellaneous A~greements and Conditions: · (a) ~on-Watver: The failure ~f either p~r%y to insist upon strict performance of any of the covenants or c{~'~dl, tJons to this Lease, or to exercise any option herein confe]~sd in ~.~-~y {~.~e or more instances, shall not be construed ~ ~ ~'.~}ver ~.~. relinquishment for the future of any such covenant~ o~ c.~.~-~-~.~. of this Lease or option, but the same shall b~ ~,~ i.(~r~:~.~ in fi~.~i] force and effect. ~' ...... - (b) Accord and Satisfaction: No pay'~ent by %:b~:~ ~'. ...... ~-',~ or receipt by the ~andlor~ Of ~ lesser amount than %.b~,. ~"~,'-,i's' )'~.r~3i~ stipulated shall be deemed to be other than on a~count (~f th~ any of the covenants or provisions hereof, the non-breaching party shall have the right of  lnJunction and the right to invoke any remedy allowed at law or in 10 . i I earliest stipulated rent, nor shall any endorsement of statement I on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and the Landlord ma accept such check or a ent wit Y ........ P.Y~_ hour prejudice to the Landlo , r~n= To recover =ne balance o* -.,-~ ---~ -- r~ s i remed herein. * ~-~.. &~u~ or pursue any other ~5. Remedies of Landlord: If the Tenant: I (a) Does not pay in full when due any and all of the rent and/or any other charge or payment herein reserved, included. I or agreed to be treated or collected as rent and/or any othe~ charge, expense, or cost herein agreed to be paid to the Landlor · or - d, i (b) Violates or fails to perfo.rm or otherwise breaks any covenant or agreement herein contained, or i (c) Vacates the Leased Premises or removes or attem t o ?ni{ests. n intention to remove ooods'o ,. 11 fo~ all rent and other char-e- *~-- - ..... ~ . .. d in --- ~,~ un~ ~xp~ra=lon of the then current t~rm; -- I Then and in any of said events, there shall be deemed to be a breach of this Lease, and thereupon the Landlord shall following rights: have the (1) To relen~r the Leased Premises and remove all persons an~ all or any property therefrom, either by I summary dispossession proceedings or any suitable action or proceedin- -~ ~ ....... by ~ ,u ~aw, anu repossess an~ enjoy the Leased Preralses, together with all alterations, fixtures. signs and other installations of the Tenant. Upo~ i recovering possession of the Leased Premises by reason of or based upon or arising out of a default on the part of the Tenant this Lease shall terminate.. (2) To terminate this Lease and the term hereby created without any right on the part of the Tenant to waive the i forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken. Whereupon the Landlord shall be entitled to recover, any and all sums due for rent, including additions to rents i and damages for violation of the Tenant's obligations hereunder in existence at the time of such termination, i 16. Right of Injunctive Relief: In the event of'a breach or threatened~rea6h by "eit~e~ party of equity as if re-entry, summary proceedings end other remedies were not herein provided for. 17. Rights Not Exclusive: No right or remedy herein conferred uP6h or reserved to either party is intended to be exclusive of any other right or remedy herein or by law provided but each_ shall be cumulative and .in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. .... ~1_8- L_R_~_gp~t of .A.s?l~npe ..of L--n.dlord: The right to pursue the P f :nxs Lease at the option ~::~:~, Z~t~$ t~se, _be .xercts~a~y any ass of any igne~' of the ~ , Ae and ~terest ~ this Lease ~ its own n~e, any statute, ~le of court, ~stom, or practice to the contrary notwithstanding. 19. Remedies Cumulative. A . · 11 of the remedies hereinbefore given to either partY and all~ights and remedies given to them by law and equity shall be cumulative of this Lease or the tak' ......... ~n~ co~ur~ent._ No termination · ~.~ u~ £~uverlng ~ne Leased Premises shall deprive the Landlord of any of its remedies or actions against the Tenant for rent or sums due as if there has been no termination; nor shall the bringing of any action for rent or breach of ~~n~, %r th~ ~-sort t? an~ other remedy herein provided for the r~uovery oz ren~ De const~ue~ as a waiver of the right to obtain possession of the premis~s. 20. Eminent Domain. make a good faith effort to negotiate equitable to each party. (a) 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, the building(s) and/or improvements on the Leased Premises shall belong to the Landlord. Provided, however, that the Tenant shall be entitled to receive the compensation or proceeds awarded for the taking of the leasehold interest resulting from the institution of eminent domain proceedings. Nothing herein shall prevent the 'Landlord from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. ~b) In ~he.event. the condemnation or taking is to such an extent that it is Impracticable for the Tenant to continue its operations on the Leased Premises, and if facilities comparable to the Leased Premises are then available, this Lease shall terminate and the Tenant shall have the option to lease said facilities under terms and conditions that the parties shall, at such time, mutually agree upon. In the event comparable facilities are not then available, the parties agree that prior to instituting any legal action, they shall a remedy 11 i 1. Identit~ of Interest: The execution of this Lease or I the performance oK an~ act pursuant to the provisions hereof shall ~.~L,, ~nu un% 'renan= nne rela=lonship of principal and agent or of a partnership or of a Joint venture and the relationship Tb:nt~.n them shall b. and remain only th,t of a Landlord and a I 22. Notices and Reports: Any notice, report, statement, approval, COnsent· ~esignatiOn, demand or request to,be given and I any option or election to be exercised under by a party the provisions of this Lease shall be effective only when_made in writing and delivered (or mailed by registered or certified mail i with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian I Attention: City Manager P.O. Box 780127 Sebastian, Florida 32978 I ~enpnt: Sebastian. River Area Little League, Inc. I Attention. President provided, however, that either 'party may designate a different address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be I made by the Tenant at the address listed above. 23. Nondiscrimination: The Tenant for itself, its personal I representatives, sUCcessors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenan running with the land that - - , religion, genUer, age, race, color, or national origin shall be I excluded from participation in, denied the benefits of, or be otherwise .subject to discrimination in the use of the Tenant' facilities% (ii) that in the construction of an-- im ...... s over or under the ~--o-~ ----~ ......... ~ provemen=s on,- I thereon, no -erson-o~n-Ll~ttT?~.~--~u 59e.zurnlsh{ng of services r ~ uu~ ~rounos oz religion, gender, age, race, color or national origin shall be excluded from participation in, I denied the benefits of, or otherwise be subjected to discrimination. This provision is not intended to modify or preclude the Tenant from enforcing any of its rules or regulations concerning age requirements or limitations with respect to i participation in its programs. 24. ~arranti~s: The Landlord warrants that the Landlord has I full power to execute this Lease and that it will warrant and 12 defend the leasehold interest created hereby against all parties whomsoever and that the Tenant, upon observing and complying with the terms, covenants and conditions of this Lease shall enjoy the use and occupancy of the Leased Premises during the Lease Term. 25. Headings No Part of Lease: Any headings preceding the of"the text several p'~ragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaning, construction or effect. .. ,26~ ~ If a provision of this Lease Agreement is held ~nva£1o, it is hereby agreed that all valid provolone that are.~e~eragle f~om the invalid provision remain in effect. If a provmslon in thls Lease Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. ~27. Lease Contains All Agreements: It is expressly understood ano agreed by and between the p~rtles hereto that this Lease, including the Exhibit, sets forth all the promises, agreements, and .conditions or understandings between the Landlord and the Tenant relative to the Leased Premises, and that there are no promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Landlord or the Tenant unless reduced to writing and signed by them. 28. Heirs and Assignees: All rights and liabilities herein t6, Or imPoSed upon, given ' " the respective parties hereto shall extend to and bind the several and respective heirs, e~ecutors, administrators, successors and assigns of said parties, and if there shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "Tenant. shall be deemed and taken to mean each and every p~son or party mentioned as a Tenant herein, be the same one or more, and if there shall be more than one Tenant, any notice required or permitted by the terms of this Lease may be given by or to any one thereof, and shall have the same force and effect as if given by 8r to all thereof. The words 'his' - - or" - and him its wherever stated herein, shall be deemed to "Landlord', or the 'Tenant' whether such Landlord o~ef~n~t singular or plural and irrespective ofgender. No rights, however, shall inure to the benefit of any assignee of the Tenant unless the assignment to such assignee has been approved by the Landlord in writing as aforesaid. 29. Tenant .~orbidden to ~cumber Leased Premises: It is expressly agreed and unde~to0d bet~eW the Pa~te~"hereto that nothing in this Lease Agreement shall ever be construed as I r=~ases in any manner whatsoever, in the event that regardless of this prohibition any person furnishing or claiming to have furnished labor and materials at the request of the Tenant, i or any person claiming by, through or under the Tenant, shall file a lien against the Leased Premises, Tenant shall, within thirt (30) days after bel~a notified ~ .... ~ ......... Y therefrom by the posting of a bond or other security' as prescribed by law, or shall cause same to be discharged as a lien against the Leased Premises by an order of a court having jurisdiction to i discharge such lien. In the event the lien is not discharged as required above, Landlord may advance funds necessary to~ischarge the lien and recover any amounts so paid from Tenant. I ~, a~u~, De=ween =ne parties hereto with I respect to the certain real property owned by the Landlord located in the City of Sebastian, Indian River County, Florida, and more particularly described as the Main Street Field, shall terminate upon the completion of construction on the Leased Premises and the i execution by both parties of this Agreement. The Landlord agrees that the construction of Field No. 2 shall be completed on' or before January 31, 1991, and that the construction of Field No. 1 I shall be completed on or before September 30, 1991. The Landlord hereby represents and warrants that the haprovements to be constructed on the .Leased Premises shall be built in accordance I with all state or local rules, regulations or ordinances applicable to such structures. IN WITNESS WHERE~F, the parties hereto have set their hands and I seals the day and year first above written. Attest: K~thry,~ ~,~. ' O, ~allor~n, CMC/AAE City Clerk CITY OF SEBASTIAN I ( SEAL ) Approved as to form and con~'ent: 9~?R TAN NA~H," C~y Attorney 14 I Attest I ~ (corporate seal) SEBASTIAN RIVER AREA LITTLE LF~AGU~., ]AU.  President - 15 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: REQUEST TO REMOVE SPECIMEN TREE FOR JAMES HOFFMAN Approved For Submittal By: City Manager -~---'~ ) Agenda Number: ~.~/~ ) ) Dept. Origin: Community Development~3// ) ) Date Submitted: 08/15/94 ) ) ) ) ) ) For Agenda Of: 08/24/97 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, James P. Hoffman, Jr., is requesting removal of one 24" specimen pine tree, located at 117 Landover Drive, Lot 22, Block 459, Sebastian Highlands Unit 17. The tree has been damaged by lightning. RECOMMENDED ACTION Move to approve the removal of the specimen tree located at 117 Landover Drive, Lot 22, Block 459, Unit 17. I i CITY OF SEBASTIAN / APPLICATION FOR CLEARING AND====: i ........ ZIP~ ' .., - REMOVAL AND/OR RELOCATION OF TREES LOT NO..' NO..' ADDRESS: PHONE: SUB-CONTRACTOR: ADDRESS~ PHONE: REASON FOR THE PERMIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with the Land Development Code ( Article XlV ) APPLICATION MUST INCLUDE: 1. On a survey, locate all specimen 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. ffice Use Only I NO: I SITE INSPECTION APPROVED FOR PERMIT: ~Si MUST OBTAIN CITY COUNCIL APPROVAL: YES:_J~_____ IF YES, DATE OF CITY COUNCIL APPROVAL: NO: i I. ,~::~ i I I I I I I I I I I I City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: REQUEST FROM SEBASTIAN ) Agenda Number: LIONS CLUB TO USE RIVERVIEW PARK Approved For Submittal By: City Manager ,~~ Dept. Origin: Community Development Date Submitted: 08/16/94 (BC~'~2~ For Agenda Of: 08/24/94 Exhibits: 1. Letter dated 8-9-94 from Alfred Zukowski EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Lions Club is requesting permission from the City Council to utilize Riverview Park on Saturday, November 12, 1994, for a steak roast. This is an annual fundraiser with the proceeds used for the Lions Club Eye charities. Only the pavillion area will be required from 11:00 a.m. to 6:00 p.m. Unless otherwise stipulated by City Council, the following are established rules for use of Riverview Park: 1. $100.00 Security Deposit 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entranceways. 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. RECOMMENDED ACTION Move to approve the request from Sebastian Lions Club to use Riverview Park on November 12, 1994, with standard conditions. · INTE:LLIG"'NCE · SEBASTIAN' CLUB SEBASTIAN. FL. ORIDA * 32958 ec/ o e $ ~, ~ C o ~ c) -e r ~ City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT:' Change of Dates for Use of North Riverview Park-FOP APPROVED FOR ~~Y: City Manager: ) Agenda No. ~¢~0~ ) ) ) Dept. Origin ~ Clerk ) ) Date Submitted 08/17/94 ) ) For Agenda of 08/24/94 ) ) Exhibits: ) Letter ) Agenda Form dated 8/3/94 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the Regular City. Council Meeting of August 10, 1994, an FOP request to hold a carnival at North Riverview Park from October 10 through October 15, 1994 was approved by Council. They have since submitted a letter (attached) requesting the dates be changed to October 17 through October 23, 1994, so they can utilize the services of a "prime outfit" that has proven to be reliable in operating a carnival of this type. No other events have been scheduled for use of the park on the requested dates. RECOMMENDED ACTION Review the above request and act accordingly. ! P.O. Box 782123 I Sebastian, Florida 32978 17 October 1994 Subject: Carnival 10 thru 16 October 1994 City Manager, Sebastian Florida Mayor and C~ty Council, Sebastian Florida Request to amend dates of Carnival from 10-16 October 1994 to 17 October thru 23 October 1994. Thank you very much from the membership on approval of the use of property and original dates.which were approved. The reason for the change, our organization wants a prime outfit this year. (Tel# 589-3954) City of Sebastian 1225 MAIN STREET n 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: Dept. Origin: Community. Development (BC) Date Submitted: 08/03/94 ~ For Agenda Of: 08/10/94 Exhibits: 1. 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. All 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-~ police officers that would be needed for this event, at the /,~.~ applicant's expense. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Use of Community Center- Anniversary APPROVED FOR SUBMITTAL BY: city Manager: %J~ - ) Agenda No. ~,~,~/"~ -- ~e~. O~n C~ C~er~ ~.a-- Date Submitted 08/16/94 For Agenda of 08/24/94 Exhibits: Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~;UMMARY STATEMENT The City of Sebastian has received a request for the use of the Community Center on August 27, 1994, to hold a wedding anniversary celebration between the hours of 7:30 P.M. and 12:30 They are requesting the use of alcohol at this event. I RECOMMENDED ACTIQ~ Review the above request and act accordingly. City of Sebastian I i225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: PLANNING AND ZONING COMMISSION RE-APPOINTMENT OF JOHN FALKE. Approved For Shbmittal By: City Manager ~~ )) Dept. Origin: Community Development) .~(BC ) Date Submitted: 8/12/94 ~ ) ) For Agenda Of: 8/24/94 ) ) Exhibits: Application for John Falke, ) Joseph Generazio, and Harry Thomas, ) Jr. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At their regular meeting of August 11, 1994, the Planning and Zoning Commission nominated John Falke to fulfill the expired regular member position. A motion was made by Mr. Barnes that we recommend to the City Council the nomination of John Falke to fill the expired term of the regular member position, having considered the applications pending before us Mr. Generazio and Mr. Thomas and interviewing Mr. Thomas, we recommend Mr. Falke for a full three year term. Seconded by Mr. Fischer. Voice vote was made, 7-0 motion carried. RECOMMENDED ACTION Move to appoint Mr. John Falke to fulfill the expired regular member position which expired June 30, 1994. PPLICATION TO SERVE ON CITY BOARD 2. 3. 4. 5. 6. 7. 8. 9. NAME: HOME ADDRESS: HOME TELEPHONE: BUSINESS: BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVEI~S LICENSE NUMBER: ~7.,O - 4'~q~- '~'~'-0[~'.,-, 0 RESUME OF EDUCATION AND EXPERIENCE: ~q[OO~(.¥: SL)SWI(.'~-'~., (use additional sheets if necessary or submit resume if available) 10. Voter registration no. :~7.~q.~,,.~ 11. Are you a resident of the City? Yes / No 12. Length of Residency .. ~6J~% 13. Do you hold a public office7 Yes No / 14. Do you serve on a City Board at present? Yes /No 15. PLEASE CHECK THE BOARDiS) YOU ARE INTERESTED IN SERVING ON:. (Please number in order of preference with first choice being "1") ~ *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE What qualifications do you have to serve on this board? 17o What reasons do you have for wishing to-serve on an advisory board? 8. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes __No~ 19. Would you consider serving on another Boar~ other than the one(s) you selected above? Yes ~-No __ I hereby certffY that I am qualified to hold the position for which this application is made. Further, I hereby authorize the Cit~ of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any'municipal board member for -- malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Appli~-Signature Subscribed an~ sworn to before me this to me or has '~r°auc~dFf~,-~F~'$&'"'~'O day of , as identification. N6%"ary Public, SO%e of Florida Name of Notary (~rin~ed or Typed)' Commission No. \ws- form\application 257 Main Street Sebastian, FL 32958 Sebastian City Council Sebastian P~anni~g and Zoning Commission City of Sebastian P.O. Box 780127 Sebastian, FL 32978 Dear Councilmembers and Commissioners: I am presently serving on the Sebastian Planning and'Zoning Commission, filling the unexpired term of Councilwoman Norma Damp. That term expires this month. I would very much like t~ be reappointed to serve a regular three-year term from July 1994 until June 1997. Thank you for your consideration and continued professional Cooperation. '.S{.t.:".l:":.-',..J.' ~ ,-~, ..... ', ........ ',--,,--,--~ POLICE · ~'~. :; ~-. :' ,:r.. -- .,,,~ ~.,~ it,::....i.~:,:;:..:..~L_~~ Seb.stlan. ~..~.~ . ~ DEPARTMENT :i': ~; ' ~ ~~~ ............ -- -- I DPJE : lO : FRff4 : JUNE 15, 1994 S~3ECT,: A check n~r ~eveal that: (x) No active want or warrant for.subject Is on file. ( ) ~n active warrant or want does exist and follow u~ will occur. KATHRYN M. O"HALLORAN, CITY CLERK' lnvesLlgaLor LOCKHART I Want/Warrant Check- ~oOllcant JOHN W. FALKE ,~ l m for wants/warrants for the above referenced apoltcant/board lnves_E!g~tor Sebastian Police Deoartment ALSO HAS A VALID. DRiVERS LICENSE use additional sheets if 16. Voter registration no. Are you a resident of the City? Length of Residency Do you hold a public office? 10. 11. 12. 13. 14. 15. necessary or submit resume if available) Yes~/,No . / Yes No ~' Do you serve on a City Board at present? Yes No ~/ PLEASE CHECK THE BOARD(S) YOU ARE iNTERESTED IN SERVING ON: (Please number-in order of preference with first choice being "1" ) *BOARD OF ADJUSTMENT ~ CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ------ *CONSTRUCTION BOARD ~ *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE What qualifications do you have to serve on this board? 17. What reasons do you have for wi$'hlng to serve on an advisory board? 8.-;~H'~ve you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? yes 19. Would you consider serving on another Board_other than the one(s) you selected above? Yes - /No · I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all infoz~nation which I have provided in this application, I understand that any misrepresentation or omission of information requested in this aDplicati°n is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or r~move from office any municipal board member for _ malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or per~anent inabilit~ to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. ~/~~ A~pli6an g~ re who is personally known 193/, by · to m~ or has Produced ~~_~u~c~ ~,.'~.. ~ ~ as identification- (SEAL) form\application ~State of'"Fiorida ~_~,.'~.-'-"-~U-~~ Name of Notary '(P~inted or Ty~ed~ Resume of Harry Thomas~ Jr. Home Address:, 654.Balboa St. Sebastian, F1 32958 Phone $: 407 388-3196 EDUCATION: MILITARY: Present occupation: Dated: May 19, 1994 Wife's Name: Lillie Helen New York Public School System - Certificate 6~36 University of the State of N.Y. - High School Equivalency Diploma 1964 De Forest Institute Chicago, Illinois - Electronics University State of N.Y. Certificate 1945 N.Y. Agricultural Institute - Elements of Electrical and Electronic Systems 1964 Various Industrial Schools for Electronic and Data Systems USAF 1940 thru 1945 HONORABLE DISCHARGE Highest rank: Staff Sergeant Security Clearance - High - Now inactive due to retirement Retired from Grumman, .Melbourne Systems after 25 years of service as a Senior Engineer. Retirement date: August '90. .~,-{.-. :...,: ~:~..:::'..:c,.;'.: '.~~(,~~ POLICE ~..;-.:'... ..,~-,~.~'~-', .... ~ DEPARTMENT DME : MAY 24,1994 10 : KATHRYN M. O'HALLDRAN, CITY CLERK -' F~ : Investigator S~JECT: Want/~arrant Check - ~Ollcant ~ check for wants/warrants for the above referenced applicant/board mmer reveal that: active want or warrant for.subject ls on File. active warrant or want does exist and follow u~ will occur. Ifivestlg~tor Sebastian Police Deoart~nt HAS A VALID DRIVERS. LICENSE PPLICATION TO sERVE ON CITY BOARD 2. 3. 4. 5. 6. 7. 8. HOME ADDRESS: ,o ::. ~ ~,~,~ ~ ~ ~' ":' '~'"'":'""' ............-' ~~_~(- ~ " > '"~ .:" :1 ~.- 9. RESUME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 11. Are you a resident of the City? 12. Length of Residency 13. Do you hold a public office? Yes~/~o Yes No d~/ 14. 15. Do you serve on a City Board at present? Yes L~o PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:- (Please number in order of preference with first choice being "1") .... - .. ', *BOARD OF ADJUSTMENT CEMETERY COMMITTEE -- *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE 16~/,< Wnat~q~ ua, lif.ication~s do you have rose .r~e 17. What reasons do you have for wishing to serve on an advisory board? 8. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes -- N° ~/' 19. Would you consider serving on another Board_~h'er than the one(s) you selected above? Yes JNo I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. ' I understand,that the City Council of the City of SEBASTIAN may _ suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an 19~ /, by . , who is persona~ly known to me or h~s prodUCed FA, ~] ~,~8~-~8-~--~ as identification. Commission No. i \ws- form\ app 1 ication City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL I SUBJECT: City Manager Six (6) Month Review I I City Manager ~~7 I I EXPENDITURE Approval For Submittal By: ) ) ) ) ) ) ) ) ) ) ) AGENDA NO, Dept. Origin: Joel L. Koford City Manager Date Submitted: 08/16/94 For Agenda Of: 08/24/94 Exhibits: - Page 4 Current Employment Contract AMOUNT APPROPRIATION i REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The City Manager is completing six (6) months of service and according to the contract terms, a review of the salary and/or other benefits is required. A copy of page 4 of the current contract is attached for your review. RECOMMENDATION Review current contract and benefits. and modified from time to time. " 11. OTHER BENEFITS - Mr. other benefits as, from time to time, may be afforded all other full time employees of the City of Sebastian. IV. REVI~IEVALUATION: 1. EVALUATION -Upon completion of the first six month period of employment, Mr. Koford shall be reviewed by the City Council as to his performance. The City Council may, as deemed appropriate, increase the salary and benefits of Mr. Koford .in a manner consistent with his performance evaluation. A determination by the City Council not to increase Mr. Koford's salary or benefit shall not constitute a breach of this Agreement. Any increases in salary or benefits shall be at the sole discretion of City Council. Subsequent performance evaluations shall be conducted on an annual basis. 3. COST-OF-LIVING/MERIT RAISES - Mr. Koford shall receive cost-of-living increases consistent with those provided to other unlimited time status employees of the City. In addition to cost of living increases, Mr. Koford may be entitled to merit increases in salary as, from time to time, are approved by the City Council. V. RESiDENCy: Mr. Koford agrees to become a resident of'Indian River County, Florida, within six months of the effective date of this Koford shall be entitled to Agreement. City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA FORM SUBJECT: Vice Mayor Corum Request Prior Approval to Attend Brazilian Pepper Control Workshop APPROVED FOR SUBMITTAL BY: .City Manager: Agenda No. Dept. Origin Date Submitted 8/15/94 For Agenda Of ~ Exhibits: News Release EXPENDITURE AMOUNT REQUIRED: $10 BUDGETED: N/A APPROPRIATION REQUIRED: SUMMARY STATEMENT N/A In accordance with Section 2-34 of the Code of Ordinances, City Council members who wish to be reimbursed for expenses incurred in connection with any seminar or meeting the member intends to attend on behalf of the City must first obtain prior approval from the City Council. Vice Mayor Corum wishes to attend a one day "Brazilian Pepper Control Workshop" in Brevard County on September 29, 1994. RECOMMENDED ACTION Act on request accordingly. I 272D $~. ~ohr~s ~ree~0 Nelbourne, I~L ~2940. For f~thar ~ A "Brazili~ Peter Task Force" has been or nizad n Brevard County, Florid~ ~o help s:op~he ~prea~ of ~his inva$iva exotic. The ~roup is comprised of representatives from many governmental, ~ of. er~a~ing.~ ~e~inthif~l~q~, ~he Brazilian-p~pe~ .... ~ In~roduco~ into Florida in =ha la=e~-800"$'as an o~nm~n:al tree, ~ ~is fast-~ing native of Braail has rapidly inva~e~ ~lori~a'~ sensi~ive ~lmn= and ~al co~uni=ies. Thousands of acres o~ ~ Floridm~'~ hat,al ve~e~zon ; have been ~lsplaoe~ ~ ~ ability =o ~emically i~ibit the ~ow~ of ~ders~o~ plan=s. onc~ sVccessfully competes ~or liqh= and space'wi~ ~ ne=ire flora, resul=tmg in considarable~mtress on our wi!dlife popula=ion~. aMou~ ~As critical issue ~h~ af~e¢~ all of us. Th~ ~!in_.purpose of +--h, Froup is ~ promote a ~=~rst~pzng of ~e era~ica~lon proce4~es. Education, they be!mere, mS the key ~o succesmfully managing ~his noxious wee~. ~m~sY; SePt~r 29, 1994~ =he ~revar4 Co~y Brazilian Park. 102. Tnsk Po~e wi%l presa~ i~$ firs~ Brazilian Pepper Con=rol Workshop for the pub!mc fAomaowners, landscapers, nursery professionals, ~ewn maintenance personnel, !aha clearers, deve!o~era, govern~en~ organizations, ~rbori~%s, ~n~ ;u~YON~ who is CONCERNED!)' The workshop will be from ~:30 a.m. to 4:00 p.~. and will lflclude outdoor ~emonstrations of various con=rol Fif=een of Plorida'~ ~op Brazilian pepper experts will share their ~uc=esses an~ failures, an~ proviaa you ~f~h ~he ~oDls ~o your own eDviro~en=. The cost of =he worksbop/~eminar is $10.00 1T00 for reserve=ions and more information. Seating is limi=ed Then, ~t your ne~ knowledge =o ~ork] 0n Oc=ober 23, !994, Marine Resources C~unci2 ~ill be spon~orin, g "M. aka- ~ Difference Voiunteer~ from around Brevard County ~ill be prm==icin~ their talen=s mt Ulummy Wildlife