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HomeMy WebLinkAbout10251995 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 25, 1995 7:00 P.M. OR SOON THEREAFTER (FOLLOWl/NG 6:30 P.M. BOARD OF ADJUSTMENT) CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 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 of ten minutes per speaker (R-95-33) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Merril Dewey - Sebastian First Nazarene Church 4. ROLL CALL AGENDA MODiFICATIONS (ADDITIONS AND/OR DELETIONS] Items not on the written agenda may be added only upon unanimous consent of the Council members present (]~-95-33) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 95.181 Presentation - City. of Sebastian Employee of the Quarter 95.182 PG1 Proclamation - VFW Buddy Poppy Day - Veterans of Foreign Wars Post 10210 Members Accepting (Ken Crone, Commander; Gall Dean, Ladies' Auxiliary; Leonard Solomon and Terri Horl, Co-Chair Buddy Poppy Drive) 95.183 PG3 Co Proclamation - Make a Difference Day - October 28, 1995 - Exchange ClUb of Sebastian Members Accepting (Virginia Wetherald, President; Donna Keys, Past President; Rene Van de Voorde, Liaison, Junior Exchange; Rick Giteles, Vero Air Show Co~ Chairman; Ted Atmeman, District Director; All Past Presidents) 7. PUBLIC HEARING, FINAL ACTION The normal order ofbusiness for publtc hearings (R-95-33) is as follows: · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input · StaffSummation · Mayor Closes Hearing · Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council 95.083 PGS 5-14 ORDiNANCE NO. O-95.-.2.6 - C-512 Zoning - Landscape Requirements (Director of Community Development Transmittal 10/17/95, 0-95-26) AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDiNG CHAPTER 20A, SECTION 20A- 3.8(A)d(8) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO AMEND THE REAR YARD LANDSCAPE REQUIREMENTS; TO PROVIDE SUFFICIENT SCREENING FROM THE ZONING DISTRICTS; TO MAKE CORKECTIONS IN THE LAND DEVELOPMENT CODE; PROVDiNG FOR THE REPEAL OF ORDiNANCES OR PARTS OF ORDiNANCES IN CONFLICT HEREWITH; PROVDiNG FOR THE iNCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; PROVDING FOR RATIFICATION; AND PROVIDiNG FOR AN EFFECTIVE DATE. (lst Reading 9/27/95, Advertised Legal Notices 10/11/95, PH and Adoption 10/25/95) 95.184 PGS 15-26 QUASI-JUDICIAL HEARING Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation - 15 Minutes Inquiry of Applicant Proponents'Testimony- 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents Informational Testimony- 3 Minutes or JO Minutes if Representing 5 or More Closing of Public Informational Period Staff Response and Summary - ] 0 Minutes Applicant's Rebuttal Presentation - 10 Minutes Board and Staff Inquiry RESOLUTION NO. R-95-61 - Minor Subdivision Plat for Sandridge Estates (Director of Community Development Transmittal 10/17/95, R-95-61, Application, LDC Section 20A-16. i(C)I of LDC and 20A- 16.3, P & Z Memo 10/6/95, Williams Memo 9/26/95, Masteller Letter 10/5/95, Plats Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDMSION PLAT OF SANDRIDGE ESTATES, CONSISTING OF 2.4 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31 SOUTH, tLA2,,IGE 39 EAST, CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I-IE~TH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 95.185 PGS 27-39 PGS 41-58 95.041/ 94.196 PGS 59-68 L. F. Hankins - Pdverhouse Landings, Inc. Appeal - Planning and Zoning Commission Decision Re: Conditional Use Permit - Charter Boat Facility (Director of Community Development Transmittal 10/17/95, Hankins Letter 10/6/95, MCR Zoning District Code, Definitions, 20A-6.1.c. 17, DCD Memo 9/29/95, P & Z Minutes Excerpt 10/5/95) CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 10/11/95 Regular Meeting 95.186 C. PGS 69-72 95.1.87 D. PGS 73-77 95.188 E. PGS 79-100 95.189 F. PGS 101-116 Crreiner, Inc. - Airport Runway 4-22 Engineering - Supplemental Agreement No. 2 (City Manager Transmittal 10/9/95, Supplemental Agreement No. 2) Bid Waiver - Asphalt Recycling, Inc. - Grind and Oil Inject Englar Drive Between Schumann Drive and George Street - Sole Source - Not to Exceed $30,000.00 (Public Works Director Transmittal 10/17/95, Smith Memo 10/2/95) Reject Pan American Engineering Co. Bid and Rebid Project - Englar Drive Bikepath from Schumann Drive to Barber Street (Public Works Director Transmittal 10/18/95, Bid Documents) Bid and Contract Award - Sod Delivery and Installation - March 2, 1996 through March 2, 1997 - R & R Turf Farms (Public Works Director Transmittal 10/17/95, R & R Letter 10/16/95, Bid Tabulation, Bid and Contract Documents) Bid and Contract Award - Barber Street Sports Complex Center Core Improvements - Pan American Engineering Co. - $23,749.00 - Time of Completion 75 Consecutive Calendar Days Following Issuance of Notice to Proceed (Public Works Director Transmittal 10/17/95, Bid Tabulation, Bid and Contract Documents) 4 DATE: TO: FROM: City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MEMORANDUM October 24, 1995 Mayor Firtion, City Council Members, City Manager and City Attorney Kathryn M. O'Halloran City Clerk ,~ 10/25/95 Agenda - Amended Page 5 Please insert the attached amended page 5 into your agenda packet. Consent items G and H at the top of the page were lettered in error (original agenda reads F and G). We apologize for any inconvenience. saln 95.19O G. PGS 117-118 Sebastian River Art Club - Request Use of Riverview Park - 2/17/96 (raindate 2/18/96), 3/9/96 (ramdate 3/10/96) - Standard Conditions (Director of Community Development Transmittal 10/11/95, Dougherty Letter 10/11/95) 95.191 H. PGS 119-121 City of Sebastian Employees Christmas Party - Community Center - 12/9/95 - 6 p.m. to 12 a.m. - A/B Request (City Clerk Transmittal 10/20/95, Application, R-94-50) 10. PRESENTATIONS - None 11. COMMITTEE REPORTS/RECOMMENDATIONS A. CONSTRUCTION BOAPd) 95.192 123-126 Interview and Appoint to Electrical Contractor Position - PGS Three Year Regular Term to Expire 9/30/98 - Board Recommends Michael Holdridge (Director of Community Development Transmittal 10/13/95, Holdridge Application) B. POLICE PENSION BOARD OF TRUSTEES 95.193 127-138 Appoint Two Members for Two Year Terms to Expire PGS 10/1/97 (City Clerk Transmittal 10/18/95, Section 58-51 Code of Ordinances, Member List, Two Applications) C. PLANNING AND ZONING COMMISSION 95.194 PGS 139-140 Accept Resignation of Howard Goldstein and Direct City Clerk to Advertise Position (P & Z Memo 10/20/95, Goldstein Memo 10/19/95) 5 95.190 ~ PGS 117-118 Sebastian River Art Club - Request Use of Riverview Park - 2/17/96 (raindate 2/18/96), 3/9/96 (raindate 3/10/96) - Standard Conditions (Director of Community Development Transmittal 10/11/95, Dougherty Letter 10/11/95) 95.191 PGS 119-121 City of Sebastian Employees Christmas Party - Community Center - 12/9/95 o 6 p.m. to 12 a.m. - A/B Request (City Clerk Transmittal 10/20/95, Application, R-94-50) 10. PRESENTATIONS - None 11. COMMITTEEREPORTS/RECOMMENDATIONS A. CONSTRUCTION BOARD 95.192 PGS 123-126 Interview and Appoint to Electrical Contractor Position - Three Year Regular Term to Expire 9/30/98 - Board Recommends Michael Holdndge (Director of Community Development Transmittal 10/13/95, Holdridge Application) B. POLICEPENSIONBOARD OF TRUSTEES 95.193 PGS 127-138 Appoint Two Members for Two Year Terms to Expire 10/1/97 (City Clerk Transmittal 10/18/95, Section 58-51 Code of Ordinances, Member List, Two Applications) C. PLANNING .AND ZONING COMMISSION 95.194 PGS 139-140 Accept Resignation of Howard Goldstein and Direct City Clerk to Advertise Position (P & Z Memo 10/20/95, Goldstein Memo 10/19/95) 12. OLD BUSINESS - None 13. NEW BUSINESS 95.043 A. PCS 141-145 ORDINANCE NO. 0-95-27 - Amending Occupational License Fees - Manicurists and Cosmetologists (City Clerk Transmittal 10/18/95, 0-95-27) 1st Reading, Set Public Hearing 11/15/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AM~ENDING CHAPTER 30, ARTICLE II, SECTIONS 30-51 (11) AND 30-51 (12) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO OCCUPATIONAL LICENSE FEES, PROVIDING FOR INCLUSION IN THE CODE OF ORDiNANCES OF THE CITY OF SEBASTIAN; PROVDING FOR SEYERABILITY; PROVIDiNG FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 95.056/ B. 94.220 PCS 147-169 RESOLUTION NO. R-95-62 - ISS Golf Course Maintenance Contract Revision (City Manager Transmittal 10/19/95, R-95-62, Original Contract w/Revised Pages 2 & 3) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING THE SEPTEMBER 16, 1994 CONTRACT BETWEEN THE CiTY OF SEBASTIAN AND ISS LANDSCAPE MANAGEMENT SERVICES, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 95.028 C. PGS 171~176 RESOLUTION NO. R-95-24 - Native Tree List (Director of Community Development Transmittal 10/18/95, R-95-24) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 6 14. INTRODUCTION OF NEW BUSINESS FROM TItEPUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 15. CITY COUNCIL MATTERS A. Mr. Raymond Halloran B. Mayor Arthur Firfion C. Vice Mayor Carolyn Corum D. Mrs. Louise Cartwright E. Mrs. Norma Damp 16. CITY ATTORNEY MATTERS 17. CiTY MANAGER MATTERS 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANT DECISION MADE BY THE CITY COUNCI£ WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEET1NG (OR HF_MRJNG) 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 TEST. IMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ttEARD. (286.0105 F.S.) 1N COMPI24NCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR TH1S MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS iN ADVANCE OF THIS MEE~G. WHEREAS. the cmnual sale of Buddy poppies by the Veterans of Foreign Wars of the United St(des, has been officic~ly recognized crud endorsed by governmental leaders since 1922, (:md;" WHEREAS, VFW Buddy Poppies are assembled by disabled vetercms crud the proceeds of thls Worthy fundraising carnpa/gn are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and; . WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living." : NOW, THEREFORE, I, Arthur L. FiN/on, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby urge the citizens of this Community to recognize the merits of this cause by contributing generously to its support through the purchases of Buddy Poppies on the third, fourth and tenth days of No~, mber, days set aside for the distribution of these symbols of appreciation for the saerifices of our honored dead. I urge all patriotic citizens to Wear a Buddy PopPY as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as AmeriCan citizens. IN WITNESS WHEREOF, I have hereunto set my hand crud affixed the seal of the City of Sebastian, Indian River County, Florida this 25th day of October, 1995. Arthur L. Firtion, Mayor A'ITEST: Kathryn~M. O'Halloran, City Clerk WHEREAS each day Lu th~ Sunshine State, ~ompassiOfiate and dedicated residents are taking up the cc/ti~e of v~lunfeerism, to help make a difference in their communitte.~; and WHEREAS, these volunteers Come from ~1 Walks of life, are of every race, religion and creed, and represent every socioeconomic level in our states; and WHEREAS, these caring Floridicms are continuing a traditlori of civic ~ervice that has long been one of our sfate's strengthS; and WHEREAS, thi~ year, citizens throughout the United Stat~S Will be observing the 5th' Make a Difference Day oh O.c, tober 28; end WHEREAS, believing,thdt.the qua. ltb/.of life in a community or nation may depend on making a difference in the quality of each and every' life, Make a Difference Day highlights.the importance bf one neighbbr helping another as the first step in realizin~ thi.~'goal; and WHEREAS, this effort serves as a powedui exarnpl~ o~ what active' involvement crud advocaCY can accomlSlish for th~ greater gOod: NOW, THEREFORE, I, Arthur [,i Firtion, by virtue Of them. ithority · Sebastian, FlOrida, do hereby proclaim vested in me as Mc6/or of the Clb/~f " ' ' ' October 28, 1995, as -' '. MAKE A DIFFERENCE DAY - ' in Florida and urge all residents to participate in this ~ndeav°r by developing and carrying out helPlul ~nud imc~inative p/-Oj~Ct~ fo benefit our people and theii~ cOmmunities, th~-eby making bu/: ~tcd8 ~n eiten b~tter place in which (o hve.- ?, iN WITNES$ WHEREOF~ I have hereunto set my hand and affiXed the seal of the Cib/of Sebastian, Indian River' County, Florida this 25th o~ October, 1995. " Arthur L. Firtion, Mcyor ... ATTEST: ~-athr~M. O'Halloran, City Clerk City of Sebastian 1225 MAiN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 SUBJECT: PUBLIC HEARING AND FINAL ACTION ON ORDINANCE 0-95-26 AMENDMENT TO SECTION 20A-3.8(A)D(8) OF THE LAND DEVELOPMENT CODE REGARDING C-512 LANDSCAPE REQUIREMENTS City Manager Agenda Number: Dept. Origin: Community Development Date Submitted: 10~-D-~/95 For Agenda Of: 10/25/95 Exhibits: 1. Ordinance 0-95-26 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the regular meeting of April 26, 1995, City Council discussed changing Section 20A-3.8(A)D(8) of the Land Development Code as recommended by the Planning and Zoning Commission. The new language as reflected in the attached Ordinance 0-95-26 is intended to clarify the intent of the code 'which requires a buffer strip to provide screening of the district from residentially zoned property. At the regular meeting of September 27, 1995, City Council approved the first reading of Ordinance 0-95-26 and set the public hearing for October 25, 1995. RECOMMENDED ACTION Hold public hearing on Ordinance 0-95-26. Move to approve Ordinance 0-95-26. 0~~C~8 OR ~B O~ 0~~CS8 Z~ CO~ZC~ ~TI~IC~TION~ ~D P~VIDZNG FOR WHEREAS, the City Council of the City of Sebastian, Florida, has deter~ined~hat it is in ~he public interest to amend~he rear yard landscape requirem~nts to provide sufficien= se=backs from o~her zoning dl=trictm: and WHEREAS, ~he City Council of =he City of Sebastian, Florida, find= that Sec=ion 20A-3.$(A) of the Code of ordinances, Cl=y of Sebastian, Florida, =hould be amended to clarify and restate the language in the Land Development Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTI~, INDIAN RIVER COUNTY, FLORIDA, as follows= Section 1. The= Chapter 20A, Section 20A-3.S(A) of the Code of Ordinances, city of Sebastian, Florida in the City of Sebastian Land Development Code is hereby amended to read as follows: Sec. 20A-3.B(A). C-512, co~eraial ~12 Dis~ri~. A. Purpose and intent. The C-512 district is established to implement comprehensive plan policies for managing land designated for Commercial (C-512) development along segments of county Road (CLX) 512 below defined: of COU/%ty Road ~12 which are include~ in :he following Highlands S~ivision= Bl~=ks 485, 490, 492, 508 and 509 Unit 14; Blo=ks 188 and lS9 l~oa=ed wl~ln Pla= Unl~ 6; an~ Blocks lS5, 186 an4 lS7 l~=a=ed wi~in Pla= Uni= 8. The linear dls=anoe of ~e C.R. 512 a~erial approximately =mn ~ousa~ (10,000) linear feet or 1.89 fifteen (215) platted lut~ of record, eleven (11) (2) dedioa=~ alleys intersecting wi~ C.R. 512. Along ~e =eh thousand (10,000) linear feet of C.R. S12, the existing plat=ed lands yield a potential for two hundred twenty-eight (228) =o=al curb cuts into C.R. 512, an average of one curb cut for eve~ fo~y-fo~ (44) feet of road frontage. 2. Traffic i~act~ alon~ C.R. Sl~ corrido~. ~e pu~ose and intent of =he C-512 dis=riot Is =o provide a well and e~it~le gro~ ~nag~en= policy ~or dire=:ing fu=ure developmen= wi~in ~e ~pac= =u~idor of 512 distri== bounaarias ~ove defined. ~e exis=ing pat=em of development wi=hour such regulation violates steep=ed pr!n=lpl~s and praonicee uf traffi= engineering, county road polities and standards, and adversely impacts ~he safety, welfare and convenience of the motoring publi=. This s=a=emen~ acknowledges =he fao= ~ha= ¢.R. S12 is identified as an arterial highway on =he major ~_horoughfars plans of bo~.h =he City of Sebastian and Indian River County. Bo=h aoknowledge~he fact that C.R. S12 is a major regional transports=Ion facility linking U.S. I and 1-95 and also linking ~e cities of Sebastian and ~ell~mere wi~h Indian River county and =he City of Veto Beach urban areas =o =he south. Plan ~o=L~f~-~treet Darkin~ and con~ro!!ad curb cuts. The ~urpose and intent of the C-512 district is also to res=riot ~he location of curb cuts within the dis~ri¢=, require compliance wi~h a master plan for parking and curb cu= control, an~ regula:e =he timing and intensity of land ~evelopment in or, er =o alleviate potential traffic congestion along=he C.R. 512 corridor. Although land within ~his dis=riot is a= present relatively undeveloped, if ~he regulations prescribed herein ware no= duly adopted, future development wi=bin =his dis=rio= would generate un~afe and dangerous oonf!icts in traffic flow along C.R. 512. B. Pe-~mtt=ed~use~. In this ~is=rict, as a permitted use, a building or premises may be used only for the below stated uses. Ail applicable provisions of this code shall be satisfied, including, but not by way of l~mitation, site plan review and performance ori~eria. Permit=ed uses: Limited commercial activities, general retail males and services, cul=ural ur civic activities, places of worship, public or private not-for-profit administrative services, pL%blic or not-for-profit clubs, business and professional offices, medical services, plant nurseries, restaurants (excluding drive- in), =rads and skilled services, enclosed commercial amusements (without alcoholic beverages) and accessory uses. C. Conditional~ses. In this district, as a conditional use, a building or premises may be used for only the following conditional uses upon compliance with applicable conditions stated in Article Vi and all other applicable provisions of t. his code, including, but not by way of limitation, site plan review and performance criteria. The Planning and Zoning Commission shall ascez~cain if such condi:ions and provisions are satisfied. Appeal of such decisions shall be heard by the City Council. Conditional uses: Public protective and emergency services, gasoline sales, public and private utilities, public parks and' recreational areas, child care facilities, nursing homes, hotels and motels with ki:chen facili=les in units, transient quarters with kit=hen facili=ies, veterinary medical services and accessory 4 SiZe ~d d~en~ion crit~r±a: Minimum lot size: None; except twenty thousand (20,000) square fee= for new subdivi~ione approved subsequent no ~he adoption of ~him ordinance. Minimumlo=~id=h~ None; exoep= one hundred =wen=y-five (125) feet for =he new subdivisions approved subsequent to =he adoption of this ordinance. ~inlmum..!ot d~Dth: None; exoept one hundred sixty (!60) feet for new subdivisions approved subsequent to the adoption of this ordinance. Maximum h~iaht: 35 fee=. ~inimum buildin~setbacks from property lines: (a) Front yard: Abutting ¢.R. 512: 74 feet. (b) Ail other front yards: 10 fee=. (c) Side yard: None if T_he buildin~ is built to the side property line(s); otherwise a minimum of 10 (d) Rear yar=: 10 fee=. (Ord. No. 0-93-01, § 20,2-24-93) ~aximum buitdina coveraae: 35 percent ~in±mum open space {Derv±ous su~face~: 20 percent. Rear yard landscape reauiremen~s: A rear yard buffer s=rip shall be required pursuant =o subsection 20A-10.2~ in order =o provide screenin~ of t. he dis=rio= from residentially toned propm~y. E. Unifie~ control of land. All development proposals having C-512 designs=ion must demons=rate that all land within the pro~ec= is held under common ownership whether the proposal is association, corporation. an individual, a T~-~st, a joint venture, an a limited liability company, a par~nermh!R or a F. Mandatory compliance with masts= D&rkin~ a~ curb out control plan fMPCCCP~. The MPCCCP is hereby adop:ed by reference and shall apply to all developmen=s within the C-512 district (see Appendix B). G. Expansi~B.. 9~ uses to ad4acent lotfs). An existing permitUed land use within ~e C-51a dis~rict may be expanded =o an adJacen: lo= or lots of less than ~ne hundred twenty (120) feet width providing that the following conditions are me= and =he plan for t. he expansion is approved by t~he planning and zoning commission: 1. The subject lot or lots'shall be under unified 'with ~he adjoining subject developed properties pursuant ~o subsection 2. All such extensions must ~e constructed as a contiguous extension to an eXiSting structure on t. he ad~oinlng lot. 3. The proposed develogment shall comply with all codes and ordinances of the City of Sebastian and reasonable conditions affixedto the site plan by t_he Planning and Zoning Commission and/or the Ci=y Council. Compatibility of buildin= lines. No principal structure wi=bin =he C-512 dis=ric~ shall be set back morm than eighty-four (84) feet from the front property line in order to ensure a uniform pattern of development along the C.R. 512 corridor. (Ord. No. 0-87-23, § 1, 1-13-88~ Ord. No. 0-90-08, § 1, 9-12-90) ~ Ail provisions of the Cl=y of Sebastian Land Development Cods which are not specifically amended by this I Ordinance are hereby ra~ified and confirmed. ~ Ail Ordinances or par~s of ordinances in conflict i herewith ars hereby repealed. If any provision of this Ordinance ks held to be invalid or unenforceable by a court of competent jurisdiction, =he other provisions of this Ordinance mhall remain in full force and effec=. ~ It is ~he intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is here~y provided that the provisions of this Ordinance mhall become and be made a part of =he Land Developmen~ Code of the Cl~y of Sebastian, Florida; that the sections of t_his Ordinance may be renumbered or r~leCtered =o accomplish such intention; and the word "ordinance" may be changed =o "section", "article" or other appropriate words to ac=omplim~ such inten=ion. ~ Thim Ordinance mhall become effec=lve i~media=ely upon its adoption. PASSED BY THE CITY COUNCIL OF TH~ CITY OF SEBASTIAN, FLORIDA, ON FIRST R~ADING, THIS DAY OF . , I~95. PASSED AND ADOPTED BY THE'CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF ,, , 1995. The foregoing Councilmember by Councilmemb~r ordinan=e was vote, the vote was as follows: moved for adoption by . The motion was seconded and, upon being put Mayor Arthur L. Fir=ion Vice Mayor Carolyn corum Councilmember Norma J. Damp Councilme~ber Ray Halloran Councilmember Louise R. Car~wrigh~ The M~yor thereupon declared =his Ordinance duly passed and adoDted ~his day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: Kd=bryn M. O'Halloran, (Seal) By:, Arthur L. Fir=ion, Mayor Approved as to Form and Con=en~: City City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PUBLIC HEARING REGARDING R-95-61 ACCEPTANCE OF THE MINOR SUBDIVISION PLAT FOR SANDRIDGE ESTATES Approved For Submittal By: City Manager Agenda Number: Dept. Origin: Community Development Date Submitted: 10/17/95 ,~ For Agenda Of: 10/25/95 Exhibits: 1. R-95-6i 2. Applic. for Minor Subdivision 3. Plat of Sandridge Estates 4. Section 20A-16.1(C)1 of LDC 5. Section 20A-16.3 of LDC 7. P & Z memo of 10/6/95 8. Tim Williams memo of 9/26/95 9. Masteller letter of 10/5/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received an application for a minor subdivision Plat from John A. King, President of E & E Development of Sebastian, Inc. The proposed minor subdivision will take the existing Tract L, Sebastian Highlands Unit 17 and subdivide into four (4) lots. Since this subdivision is creating 4 lots on existing paved, dedicated rights-of-way and does not require any extension of offsite improvements, this proposal meets Section 20A-16.1(C)1 of the Land Development Code for a minor subdivision. Pursuant %o Section 20A-16.3 A & B of the Land Development Code, the City contracted with Masteller & Moler, Inc. to review the proposed minor subdivision plat in accordance with this procedure. The comments from Devon Rushne!l of Masteller & Moler are attached for your review. At its regular meeting of October 5, 1995, the Planning and Zoning Commission reviewed this minor subdivision in accordance with the Land Development Code and recommended approval by the City Council, wit~ conditions as noted. ' Comments from City Attorney Timothy Williams are attached. Staff has verified that the name of the subdivision plat has been placed in the dedication on the original mylar. RECOMMENDED ACTION Conduct public hearing regarding Resolution R-95-6!. Resolution No. R-95-61. Move to adopt RESOLUTION NO. R-95-61 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF SANDRIDGE ESTATES, CONSISTING OF 2.4 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, E & E Development of Sebastian, Inc. owns certain real property located within the corporate limits of the city of Sebastian; and WHEREAS, E & E Development of Sebastian, Inc. desires to develop a minor subdivision on its real property lying in Sebastian, Indian River County, Florida; and WHEREAS, E & E Development of Sebastian, Inc. has submitted a proposed minor subdivision to the City for its approval; and WHEREAS, the minor subdivision plat submitted meets all requirements as set forth in Section 20A-16.3 of the Land Development Code of the City; and WHEREAS, the minor subdivision plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Surveyor; and WHEREAS, a professional engineer consulting for the City has determined that all required improvements meet the provisions of the Land Development Code of the City; and their comments duly noted and corrected on the plat; and WHEREAS, all other conditions precedent to approval of the plat have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PLAT APPROVAL. The pla~ of Sandridge Estates Subdivision, as prepared by James A. Fowler, a Florida registered surveyor, bearing Certificate of Dedication dated October 25, 1995, is hereby approved due to its compliance with Section 20A-16.3 of the Land Development Code of the City of Sebastian. Section 2. SIGNING OF THE PLAT. authorized to sign the plat. The Mayor is Section 3. RECORDING OF THE PLAT. The City Clerk is directed to present the plat to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. CONFLICT. Ail resolutions or parts of resolutions in conflict, herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember by Councilmember a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Louise Cartwright Councilmember Raymond Halloran The motion was seconded and, upon being put to The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1995. 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: Clifton A. McClelland, Jr. City Attorney APPLICATION FOR MINOR SUBDIVISI! CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE # 589-5537 I I I I Application No: Date Owner E & E Deve.~p~ment of Sebastian, inc. Phone 589-&36& Address 182 De!monte Road, Sebastian, Florida 32958 Aug 28, 1995 Subdivision Name Sandridge Estates Section 19 Project Surveyor Project Engineer Township 31 S James Fowler Randy Mosby Zoning Classification C0R Development Site Size 2.~ A Proposed Units per Acre 12 Range 39 E FlaState~ 3435 FlaState# PE 22326 Land Use C0R Acres Minimum Lot Size !7,000 Number of Lots & The following attachments shall accompany this application: 2. 3. 4. 5. A copy of the Owner's Recorded Deed. If applicant is other than the owner, a sworn statement of authorization is required. Twelve (12) copies of all plans. (Three initially for review purposes. Final plat requires compliance with Section 20A-t6.3 of the Land Development Code, City of Sebastian. Existing legal description. ~? - SIGNATURE .Ot~APPLICANT / FEE SCHEDULE THE FEE FOR A MINOR SUBDIVISION IS RESOLUTION NO. R-88-06. MINSUB. WP BY § 20A-16.1 SEBASTIAN LAND DEVELOPMENT CODE classified as being a "major" or "minor" subdivision, as defined herein, and shall be subject to the regulations of this code as they apply: 1. (a) Minor subdivision. Any subdivision of land meeting the following conditions: (1) having four (4) lots or less on an existing street or road; (2) does not require con- struction of a new street or road; and (3) does not quire off-site improvements to any roads, drainage sys- tem or utilities. (b) Any tract of land that is subdivided as a minor Subdi-' vision can not be further subdivided unless it meets the requirements of a major subdivision. 2. Major subdivision. Any subdivision not classified as a mi- nor subdivision. D. Adjustments. After consideration and recommendation by the planning and zoning commission, the city council may autho- rize adjustments from this chapter when in its opinion undue hardship may result from strict compliance. In granting any ad- justment, the city council shall prescribe only conditions that they deem necessary to or desirable for the public interest. In making its findings, the council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivi- sion and the probable effect of the proposed subdivision upon traffic, the public health, safety and convenience conditions in the subdivision and. in the vicinity thereof. A fee schedule may be established by resolution of the city council. E. Recording of plats. No final plat of any subdivision shall be entitled to record in the office of the clerk of [he circuit court until it shall have been approved in the manner prescribed herein. If any [unapproved] plat is recorded, the city council will request Ghat it be stricken from the records. F. Unlawful sale or transfer of property. It shall be unlawful for anyone who is the owner or agent of [he owner of any land in the City of Sebastian to transfer, sell, agree to sell, convey, or nego- tiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having recorded an Supp. No, 19 1100 SUBDIVISION OF LAND .~ 20A-16.3_ Sec. 20A-16.3. ~4inor subdivision procedures. A. Submission of plat of record. Any subdivider desiring to create a minor subdivision, as defined in subsection 20A-16.1(C) herein, shall submit to the city engineer two (2) copies of a plat of record for the proposed subdivision in conformance with the regu- lations herein, as prepared by a land surveyor and any other requirements of Chapter 177, Florida Statutes: 1. Required content. All plats of record for minor subdivisions shall be clearly and legibly drawn at a scale of not smaller than one inch equals two hundred (200) feet and shall include the following information and any other require- ments of Chapter 177, Florida Statutes: (a) The name and address of the owner of the property being subdivided. (b) The name and address of the land surveyor who pre- pared the plat and date of preparation. (c) All dimensions, expressed in feet and decimals of a foot, and the North point along with a graphic scale. (d) The boundaries of the property being subdivided and of all resulting lots, showing all bearings and dimen- sions as determined by an accurate survey in the field. (e) The location and description of all permanent monu- ments, set at such critical points and so interconnected and dimensioned that any registered land surveyor can layout lots in the subdivision correctly by refer- ring to the plat along without any additional information. (fl The location and ownership of all adjoining property and the location, names and widths of all adjoining streets and easements. (g) The names, location and widths of any areas to be dedicated to public use and any easements to be dedi- cated for the installation of utilities, all fully dimen- sioned and identified. (h) A key map, showing the relative location of the pro- posed subdivision to the nearest existing arterial street intersection and the section, township and range and tie-in to the nearest section corner. (i) All signatures shall be made in Indian ink on alt prints of the original plat being submitted. 1103 § 20A-16,3. SEBASTIAN LAND DEVELOPMENT CODE (i) The city council's certificate of approval shall be on the page of the record which contains the drawing. 2. Fee. Upon submitting the plat of record, the applicant shall include a fee, which shall be determined by resolu- tion of the city council, payable to the City of Sebastian. B. Review procedures. The city engineer shall coordinate the review of the plat of record for a proposed minor subdivision within a time period to be determined by resolution of the city council. The city engineer shall inform the developer's engineer that the submittal does or does not meet the provisions of this chapter: (a) Copies of the plat of record shall be distributed to the planning and zoning commission and the city council. (b) Subsequent to recommendations made by the city engineer and the planning and zoning commission, the city council shall approve the development as a minor subdivision or require the applicant to proceed under the provisions here- of governing major subdivisions. C. Filin§ of the plat. Upon city council approval, the plat of record for the minor subdivision shall be filed by the applicant with the city clerk within one hundred ninety (190) days from the date of approval. Failure to file within one hundred ninety (190) days shall void said subdivision approval. Sec. 20A-16.4. Major subdivision procedures. A. Optional pre-application procedures. Prior to making appli- cation for preliminary plat approval as specified in subsection 20A-16.4(B), the applicant for subdivision approval may meet with the city engineer or designated staff review committee (col. lectively hereinafter referred to as staff) to discuss, informally, preliminary studies and sketches and their relationship to these regulations. This procedure is not mandatory; however, the pro- cedures provide an opportunity for the applicant to receive staff assistance and advice prior to expending funds for preparing a preliminary plat. Applicants wishing to make pre-application shall be subject to the procedm'es as provided herein: 1104 City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 D FAX (407) 589-5570 MEMORANDUM DATE TO: FROM REFERENCE: October 6, 1995 Mayor, City Council Dorri Bosworth, Secret Planning and Zoning Commi~sion Proposed Minor Subdivision - Sandridge Estates Subdivision At its regular meeting of October 5, 1995, the Planning and Zoning Commission passed a motion to recommend to City Council to approve the proposed minor subdivision plat of Sandridge Estates Subdivision prepared by James A. Fowler, dated 8/30/95, for E & E Development, I~c.. This approval is subject to 1) the name of the subdivision being indicated in the Dedication, and 2) satisfaction of the conditions specified in the letter from Mastel!er & Moler, Inc. dated 10/5/95 regarding completeness of the plat. The motion for recommendation of approval Goldstein, seconded by Mr. Munsart. The unanimously 7-0. was made by Mr. Commission voted' MEMO FROM: TO: DATE: RE; Timouhy M. Williams Bruce Cooper September 26, !995 Sandridge Estates The only change I would suggest in the above Plat is that the name of the subdivision should be shown in the dedication. (Section 177.051 F!crida Statutes) MASTELLER & MOLER, INC. - CONSULTING ENGINEERS - October -x 1995 Mr. Brace Cooper Director of Commtmi~ Development Ci~ of Sebastian 1225 Main Street Sebastiam Florida 32958 Review of Review Minor Subdivision Pht Sandridge Estates MM Project No. 9539HA Dear Mr. Cooper: ! ,..e~: ",, '. ' ! /.5.. ... - ..... %~ :'/'":?x~'X I ! Mastetler & Moler, Inc., has completed our review of the revised Minor Subdivision of Sandridge Estates in Sebastian. Florida. Auuhorizafion for our service was provided via our Professional Services Agre~-m~ent, dated July. 12. t995, and Supplemental .~5reement No. 5 executed on August 10, 1995. The revised plat (sheet 1 of t) was furrfished to om- office on September 20, 1995 by the City. of Sebastian. We have reviewed the furnished plat in accordance with the Ci~ of Sebastian,. Land Development code, Section 20A-16.3, ~[mor Subdiv/sions Procedures and Chapter I77 of the Florida Statutes. Based on our review of the furnished documents we recommend that the plat be forwarded to the Pla_truing & Zordng Commission for approval, contingent upon completion of the convenants, restrictions, certifications and dedications. We appreciate the oppornmiw to assist your office. If you have any questions, please do not hesitate to contact our office. : incere~ ~ "5' } & MOLE.R. INC. Devon: .Q~ell P.E. L.vi= DSPOsc File # 9539 i ~Dvl # 4109 . U.S. Highway 1, Suite 82 Sebastian, FL 32958 (407) 589-48O0 (407) 589-,2742 Fax 7380 Murrell Road, Suite 106 Melbourne, Florida 32940 (4O7) 255-1175 (407) 253-4439 Fax City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: MR. L.F. HANKINS APPEAL ) Agenda Number: OF THE PLANNING AND ZONING COMMISSIONS DECISION REGARDING A CONDITIONAL USE PERMIT Approval for Submittal By: City Manager ~/ Dept. Origin:~Commu~.ity Development Date Submitted:. 10J17./~5 For Agenda Of: 10.~.$5/95 Exhibits: 1. Letter Dated October 6, 1995 From L.F. Hankins 2. Excerpt of MCR Zoning District 3. Definitions 4. Section 20A-6.1.C.17 5. Memo Dated September 29, 1995 From Bruce Cooper EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of October 5, 1995 the Planning and Zoning Commission reviewed a conditional use permit for L.F. Hankins to operate a charter boat at 1200 Indian River Drive. After substantial deliberation between staff and Planning and Zoning Co~mission, the Planning and Zoning Commission denied the conditional use permit indicating this was not a use permitted by the MCR zoning district. In the review of the pertinent information in your back up regarding marine commercial activities and the type of uses permitted within this district, staff believes that this type of operation does comply with the zoning district under similar uses such as boat rentals. Staff will be prepared to address this appeal at the time of the hearing. RECOMMENDED ACTION Conduct quasi-judicial hearing to review the appeal. 946 U. S. Hwy. 1, South Vero Beach, Florida 32962 Riverhouse Landings, Inc. C~ October 6, 1995 Mx. Bruce Cooper, Director Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Kiverhouse Landings, Inc. Dear Bruce: I hereby request an appeal hearing of the decision for conditional use permit den/ed to Riverhouse Landings, Inc., during the October 5 meeting oft. he Planning and Zoning Commission. I further request that the appeal be heard at the October 25 meeting of the Sebastian City Council. Additionally, we would like to have a copy of that portion of the minutes of the October 5 meeting pertaining to the Pdverhouse matter. Regards, LFH:hh Kandy Mosby Peter Jones LEGAL BASIS ANI) GENErO\L PROVISIONS § 2tbv:l, 1 1 (d) Rear yacd: 10 feet: except thirty (30) feet when abut- ting a residential district. 7. Maximum building coverage: 30 percent. 8. Minimum open space (pervious surfacel: 20 percent. (Ord. No. 0-91-4, § 1, 1-8-92: Ord. No. 0-93-01, § 22, 2-24-93/ Sec. 20A-3.11. MCR, Marine Commercial and Residential District. A. Purpose and intent. The MCI{ district is established to im- plement comprehensive plan policies for me_nag/ng land desig- nated for marine waterfront commercial development which is adaptive to limited marine commercial and residential develop- ment options. B. Permitted uses. In this district as a permitted use a building or premises may be used only for the below stated uses. All ap- plicable provisions of this code shall be satisfied including site plan review and performance criteria. All uses on the east side of Indian River Drive, including single-family homes, shall comply with site plan review requirements due to the unique and frag-ile environment of the shoreline of the Indian River. Permitted uses: Single-family dwellings, multiple-family dwellings and including accommodations for seasonal tran- sients in units with kitchen lhcilities, and residential and ma- rine accessory uses. C. Conditional uses. In this district as a conditional use a building or premises may be used for only the following condi- tional uses upon compliance with applicable conditions stated in Article VI and all other applicable provisions of this Code, in- cluding site plan review and performance criteria. The planning and zoning commission shall ascertain if such conditions and pro- visions are satisfied. Appeal of such decisions by the planning and zoning commission shall be heard by the ciw council. Conditional uses: Waterfront or marine related specialty shops, home occupations, restaurant and lounges (excluding drive-in and fast food facilities), boat rental, marine fuel sales, yacht clubs, business and professione] offices, public and pti- Supp. No. 17 141 § 20A-3,11 SEBASTIAN LAND DE'v'ELOPMENT CODE vate utilities, public protective and emergency services, hotels, motels, cultural and cixric activities, public or private not-for- profit clubs, public parks and recreation areas, parking lots withou5 buildings or structures on the lot, and accessory uses. D. Size and dimension crite,ia: 1. Minimum lot size: None; except ten thousand (t0,000) square feet for new subdivisions approved subsequent to the adoption of this ordinance. 2. Maximum density: $ units per acre. Minimum lot width: None; except one hundred (100) feet for new subdivisions approved subsequent to the adoption of this ordinance. 4. Minimum lot depth: 60 feet along the Indian River water- front and one hundred (100) feet on inland properties. Maximum building height: 25 feet. Minimum living area: The minimum floor area required for a single-family dwelling, excluding porches, terraces, attached garages, carports and other unenclosed areas, shall be one thousand (1,000) square feet. Every single-family dwelling unit shall be required to pro- vide a garage or carport. If a carport or similar unenclosed vehicle storage structure is provided then the principal structure shall contain a fully enclosed utility storage area of at least sLxty (60) square feet which shall be designed as an integral part of the principal structure. If a fully en- closed garage is provided then no utility structure shall be mandated. Duplex: 750 square feet per unit; efficiencies; six hundred (600) square feet per unit; one bedroom unit: seven hun- dred (700) square feet per unit; two (2) bedroom unit: eight hundred fifty ($50) square feet per unit; three (3) bedroom unit: one thousand (1,000) square feet per unit; and each additional bedroom: add one hundred (100) square feet per bedroom addition. Supp. No. 17 142 LEGAL BASIS AND GENERAL PROVISIONS § 20A-3.12 7. Minimum building setbacks from property lines: (a) Front yard: 25 feet. (b) Rear yard: Rear yards that do not front the Indian River- 25 feet. Notwithstandingthe foregoing, drainage and submerged lands protection provisions of this Code shall be complied with. (c) Side yard: 15 feet. Provided, however, that if the side is adjacent to a residential district or adjacent to existing residential uses, ls_ndscaping and screening require- ments of this code shall be complied with. (d) Minimum distance between principal structures on the same lot: 20 feet. 8. Maximum building coverage: 30 percent. 9. Minimum open space (pervious surface): 25 percent for non- residential development and fifty (50) percent for residen- tial uses. Where residential and nonresidential develop- ment is to be located on the same site, the following pro rata open space requirement shall be enforced: OS = (NRA x .25TA) + (RA x .STA) ( TA ) (TA OS = Open space NRA = Nonresidential acreage tLS = Residential acreage TA = Total area (Ord. No_ 0-93-01, § 23, 2-24-93; Ord. No. 0-94-11, § 2, 11-16-94) Sec. 20A-3.12. GMC, General Marine Commercial District. A. Purpose and intent. The GMC, General Marine Commercial District, is established to implement comprehensive plan policies for managing land designated for marine waterfront commercial development. B. Permitted uses. In this district, as a permitted use, a building or premises may be used for only the below-stated uses. All ap- plicable provisions of this Code shall be satisfied, including site plan review and performance criteria. Permitted uses: Wet or dry storage of boats, boat s~es and rental, marine power sales and service, bait and tackle shops, Supp. No. 17 143 § 20A-2.5 SEBASTIAN LAND DEVELOPMENT CODE 11. Supp. No. 19 Novelty and curio shops Optical stores Photo supplies and studios Shoe repair shops Tailors or seamstress Tobacco shops Marine related commercial activities: (a) Commercial marine and residential activities. The fol- lowing compatible land uses are included in the com- mercial marine and residential land use classification: Single-family or multiple-family dwellings Residential units or other accommodations for season- al transients with kitchen facilities in each and all units Accessory marine related or residential uses including wet storage of boats In addition, the following uses may be compatible ac- tivities within the commercial marine and residential land use classification if conditional use criteria is sat- isfied: Waterfront or marine related specialty shops: Restrict- ed marine or waterfront goods and accessories lim- ited to sale of items necessary and supportive to waterfront activities Boat rental Business and professional of[ices Marine fuel sales Yacht clubs Public parks and recreation Public utilities Public protective and emergency services Accessory uses: Restaurants and lounges (excluding drive-ins and fast food service) 64 § 20A-6.1. SEBASTIAN LAND DEVELOPMENT CODE 17. (4) Screening: All side and rear yards abutting resi- dential districts or uses shall be screened in accor- dance with the standards established in section 20A-10.2(F) of this ordinance. Marine commercial activities: Applicable zoning districts. The following commercial activities shall be permitted conditional uses within the MCR zoning district: (8) (9) (10) (1) Restricted convenience goods and marine accesso- ries. (2) Restaurants and lounges, excluding drive-in and fast food facilities. (3) Commercial wet storage and boat rental. (4) Commercial dry storage. (5) Business and professional offices. (6) Marine fuel sales. (7) Waterfront related community facilities, including sanitary pumpout facilities. Yacht clubs. Bait and tackle shops. Other similar uses. Conditional use cciteria. The above stated uses will be allowed provided the following conditions are met: (1) Restricted convenience goods and marine accesso- ries shall be restricted to the sale of limited items necessary and supportive to the captive marine waterfront uses served by the applicant. This use shall be accessory to the principal waterfront re- sort oriented use and shall be located within a totally enclosed building. The waterfront resort commercial uses shall not include any major repair of watercraft or marine accessories. Screening: All side and rear yards abutting resi- dential districts or uses shall be screened in accor- dance with the standards established in section 20A-10.2(F) of this ordinance. (2) (3) Supp. No. 17 408.2 City of Sebastian 1225 MAIN STREET t~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: September 29, 1995 Planning and Zoning Commission Bruce Cooper ~C~ Director of Comm~unity Development River House Landings The Applicant, Mr. Hankins is requesting pe_~mission to construct a parking lot at the north east corner of Washington and U.S. 1 and to develop the parcel on the east side of Indian River Dr. for a charter boat facility. Basically, this will be one vessel that would hold a certain amoun~ of occupants based on the coast guard rating of the vessel and any conditions based on the parking ordinance ~or the City of Sebas%ian. Staff finds that the proposed use for the property on the east of Indian River drive ~its the conditional use criteria for the MCR district and that the proposed parking lot for the property on the corner of U.S. 1 and washington fits the permitted use for the CL district. One of your site plan cover sheets Indicates another parcel which is the old funeral home and an existing flower shop. This property is not to be considered under this site plan at this time and is only for future reference. Staff has notified the applicant that their proposed parking for both sites will not be adequate for the amount of occupants that is being proposed for this vessel. They request that the Planning Commission review the site plan and any approval will be subject to a variance being approved to exceed the occupant load allowed based on their parking that is provided. The parcel located at U.S. I and Washington Street was treated as a brand new site plan in regards to landscaping and other aspects of the Land Development Code. You have a memorandum from Masteiler and Moler indicating his concerns. Page 2 of 2 The property on the east side of Indian River drive is also being reviewed by the engineer. No comments are available at this time but will be available at the meeting. Since this area on the east side has an extensive amount of nonpe~vious surface (asphalt) and the applicant is planning to decrease this amount in order to provide sufficient landscaping to meet the code, there should be no surface water management requirements for this project. As you can see in the correspondence between myself and the architect and engineer, I have addressed the concerns of the landscape strips being insufficient in size and the parking abutting the building which requires a three foot separation. Staff has no objection to the proposed layout since there will be sufficient landscaping along the front and sides and that the maneuvering area within the parking stalls does meet the requirements of Section 20A-8.5. The handicap stalls have been relocated in order to have direct access to the breezeway which satisfies ADA requirements but technically they do need a waiver regarding the aisle requirement between parking stalls and building. If this waiver is not granted, I believe the parking area wilt be reduced dramatically and may hinder this property ~rom being redeveloped and basically leaving it in its present condition. BC/dc MEMOPZRH.WP PLANNING AND ZONING COMMISSION REGULAR MEETING OF OCTOBER ~, 1995 PAGE SIX A break was taken at 7:50 p.m. The meeting resumed at 8:04 p.m. and all members were present. PUBLIC HEARING - CONDITIONAL USE PERMIT - MARINE COMMERCIAL ACTIVITY - MCR ZONING DISTRICT - RIVERHOUSE LANDINGS The public hearing was opened at 8:05 p.m. ApPlicants and representatives were sworn in according to quasi- judicial procedures. There were 4 notices of the hearing sent to surrounding property owners. There were no objection or non-objection letters received back. Also, per quasi-judicial procedures, the following Commission members disclosed they either spoke with Mr. Cooper, visited the site, or spoke to a surrounding property owner: Mr. Goldstein, Ms. Ki!ke!ly, Mr. Munsart, Ckmn. Thompson, and Mr. Barnes. Mr. Cooper indicated that the property being reviewed was known as the old Porringer Funeral Home and was previously considered by Me! Fisher to be the location of his museum. The property, because of time lapse, had lost its grandfather rights. Mr. Hankins was now the present owner, and along with his engineer, had been working with staff to develop the site with a use compatible to the zoning district and surrounding uses. Regarding the conditional use permit, staff finds that Section 20A-6.1(17) under Marine Commercial Activity for the MCR does include the proposed use. This proposed use is similar with other uses that are located in this Section along with yacht clubs and other type of activities; so that a charter boat would fit within this district. Staff also finds that the actual requirements that are set forth as the conditions for the conditional use permit have been met. The biggest concern was if there was going to be any repair of watercraft or marine accessories, and that any residential areas be screened properly. Mr. Peter Jones of Donnati & Associates was present, and is the architect for the project. He reinforced to the Board ~hat the use of the site as a tour boat facility falls well within the conditional use requirements of the Land Development Code and is an appropriate use for the River~ront. There was no public input. p.m. The public hearing was closed at 8:12 PLANNING A_ND ZONING COMMISSION REGULAR MEETING OF OCTOBER 5r 1995. PAGE S____EVEI~ Chmn. Thompson questioned staff on Section 20A-3.1! (MCR district) and their interpretation that a charter boat was included in its conditional uses. Mr. Cooper stated they felt that yacht clubs, ~(8) in Section 20A-6.i.!7.a (conditional uses for Marine Commercial Activities), are marinas; marinas are yacht clubs, which means they house boats and traditionally would have charter boat facilities. The conditional use criteria is not totally inclusive, but gives uses of similar nature. He felt "yacht club" was an old term and as the Riverfront districts were developed, the appropriate term should be changed to "marina". Ms. Ki!kei!y asked that if the conditional use permit was approved did it extend to the use of the water? She had concerns with the length and size of the boat. She agreed that a charter boat or excursion boat is an appropriate use for the Riverfront but, didn't know where to draw the line to reserve the decision in the event the boat was too large. She stated there is no mention of the draft of the boat or size of the propeller and the effect on the bottom of the river. She felt a charter boat was appropriate but did not want that to be approval for bringing in a 6S-foot boat. Mr. Cooper stated there were State regulations the applicant would have to comply with. The conditional use permit, if granted, could not be exclusive to one type or size of boat. It could be made as a condition, or concern, that prior to the boat being brought into the facility it complies with any state regulatory requirements and/or proper dredging permits are pulled. Ms. Kilkelly questioned if the DEP or Army Corp. of Engineers needed to approve this operation first before the Board proceeded? Mr. Mosby of Mosby & Associates, project engineer, reminded the Board that allowed uses was what should be discussed but, assured the Board that the boat going to be used for the facility is being designed by a naval architect to have a very shallow draft of 12 to 18 inches. It is being specially designed to be able to take large groups of people to places in the river that other large boats aren't able to access. It has a very large be~m and uses an engine-type non-propeller system that doesn't need deep water. He stated the applicant had environmental concerns too, and has gone to great lengths to meet the requirements of the State. Mr. Goldstein stated he looked forward to this type of service being available to people in the community but, preferred it was done from a differen= site. He disagreed with staff's interpretation of this use as a yacht club. He defined a yacht club as a private "members only" club, offering slips to members, maybe a restaurant and other services in a club setting. A charter boat service does not have those attributes. He felt a charter boat se_~vice was not one the enumerated uses under Marine ercia! Activities. He stated the limited uses of the MCR PLANNING AND ZONING COMMISSION PAGE EIGET REGULAR MEETING OF OCTOBER 5,.. 1995 district allowed waterfront marine specialty shops, but restricted soeciatty shops, compared to the GMC district which allowed a much h~gher density of uses than the MCR district. He had concerns with the number of potential customers that could be milling about in a mixed residential limited commercial district. Mr. Cooper stated that commercial wet storage and boat rental of Section 20A-6.i.17.a) was also listed under marine commercial activity, and in a sense you are renting a boat by chartering a boat. Section 20A-6.1.17.a(10) also listed "other similar uses" He felt between yacht clubs and boat rentals, a charter boat was close enough to ,'si/~ilar" to allow the use. Mr. Goldstein questioned that if the applicant sold tickets for rides was it still considered a boat rental? He felt when you purchased an airline ticket you were not renting the airplane. He defined renting as the owner of the property passing exclusive possession over to the party renting. Mr. Cooper stated he saw no difference if he rented a large airplane himself and then put 250 people on it. It would be similar if someone rented the cha~er boat and then filled it with a large group of friends. Mr. Goldstein stated he felt staff's interpretation was quite liberal. Mr. Goldstein then made a motion that a boat tour operation is not an expressly compatible activity in the MCR district and by virtue of dissimilarity between boat tours and compatible businesses in the MCR district he moved to deny the conditional use permit for Riverhouse Landings. Ms. Kilkelly seconded the motion. Roll call was taken. Ms. Kilke!ly YES Cb_mn. Thompson NO Mr. Goldstein YES Mr. Barnes YES Mr. Johns NO Mr. Fischer NO Mr. Munsart YES The conditional use permit was denied 4-3. Mr. Cooper informed the applicant he may appeal the decision within 10 days to the City Council. SITE PLAN REVIEW - RIVERHOUSE LANDINGS - 1200 INDIAN RIVER DRIVE Mr. Coooer stated that based on the denial of the conditional use permit he recommended ~he site plan review be postponed. ~ City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 11, 1995- 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF TttE CITY CLERK- 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 of ten minutes per speaker (R-95-33) 1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocati°n was given by Reverend Jim Wingate, Cornerstone Baptist Fellowship, Sebastian. City. Council Present: Mayor Arthur L. Firrion Vice Mayor Carolyn Corem Mrs. Louise Cartwright Mrs. Norma Damp City. Council Absent: Mr. Raymond Halloran (excused) City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Director of Community Development, Bruce Cooper Chief of Police, Earl Petty Deputy City Clerk, Sally Maio Regular City Council Meeting October 11, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONSAND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) MOTION by Corum/Cartwright I move to withdraw item B from the Consent Agenda. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwr/ght - aye Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye MOTION CARRIED 4-O In response to requests by the City Manager, motions were made as follows: MOTION by Corum/C~~t I move to add item 12 F under New Business titled "Police Department Vehicles". ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 4-0 2 Regular City Council Meeting October 11, 1995 Page Three MOTION by Cartwright/Damp I move to add item 12 G on behalf of the City Manager. (Golf Course mower purchase) ROLL CALL: Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 MOTION by Damp/Cartwright I move to place item 12H reducing the permit fees from $60 to $30 (for mamcurists). 95.168 ROLL CALL: Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CAKRIED 4-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation-National Wildlife Refuge Week- October 8 - 14. 1995 - Accepted by Paul Tritiak. Pelican Island Refuge Manager Vice Mayor Corum read and presented the proclamation to Paul Tritiak. Mr. Tritiak announced that the festivities at Merritt Island had been postponed to October 21 due to the shuffle launch. Regular City Council Meeting October 11, 1995 Page Four 95.115 PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (R-95-33) ts as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. ORDINANCE NO. O-95-21 ~ Temporary Use Permit (Director of Community Development Transmittal O-95-21, R-95~36, R-95-54) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO PROVIDE FOR TEMPORARY USE PERNffTS; PROVIDING DEFINITIONS; ESTABLISHING CRITERIA FOR ISSUANCE OF TEMPORARY USE PERMITS; ESTABLISHING APPLICATION PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/13/95, Advertised 9/19/95, 1st Hearing 9/27/95, Advertised 10/4/95, 2nd Heating 10/11/95) Mayor Firtion opened the public hearing at 7:10 p.m., the City Attorney read Ordinance No. 0-95-21 by 1/fie only and the City Manager gave a brief staff presentation. Walter Barnes, 402 Azine Terrace, said although disappointed the Tammy Wynette concert didn't work out, the City did the fight thing in as'king questions. Mayor Firtion closed the public heating at 7:12 p.m. 4 Regular City Council Meeting October 11, 1995 Page Five MOTION by Cartwright/Comm I move to adopt Ordinance No. 0-95-21. Mayor Firfion said he had offered to help but to no avail and Mrs. Cartwright thanked Walmart and Brace Bennett for his exhibition of community spirit. ROLL CALL: Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent MOTION CARRIED 4-O 95.158 ORDINANCE NO. O-95-24 - Changing Permitted Use in CG Zoning - Temporary Use Permits (Director of Community Development Transmittal 10/4/95, 0-95-24) AN ORDINANCE OF THE CITY COUNCiL OF THE CITY OF SEBASTIAN, FLORID& AM2ENDING CHAPTER 20A, SECTION 20A- 3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF TIlE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, TO PERaMIT COMMERCIAL AMUSEMENTS (TEMPORARY) IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/13/95, Advertised 9/19/95, 1st Hearing 9/27/95, Advertised 10/4/95, 2nd Heating 10/11/95) Mayor Firfion opened the public hearing at 7:15 p.m., the City Attorney read Ordinance No. O-95-24 by title only, and the Director o£Commumty Development gave a brief staff presentation. Mayor Firtion closed the public hearing at 7:16 p.m. Regular City Council Meeting October 11, 1995 Page Six MOTION by Damp/Cartwfight I move we approve Ordinance No. 0-95-24. ROLL CALL: Vice Mayor Corum Mrs. Carrwright Mrs. Damp Mr. Halloran Mayor Firfion - aye - aye - absent - aye MOTION CARRIED 4-0 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 9/20/95 Special Meeting, 9/27/95 Regular Meeting, 10/4/95 Workshop, 10/4/95 Special Meeting 95.170 C. Bid Waiver - Community Development - MITA 5685 Copier - Lease/Purchase - EGP, Inc. - $359.00 Per Month (Director of Community Development Transmittal 10/5/95, ) 95.171 D. Bid Waiver - City Clerk Laptop Computer - Not to Exceed $3,000.00 (City Clerk Transmittal 10/5/95, Proposal List) 95.172 E. Welcome Wagon Alunmae Club - Request Use of Community Center - Halloween Party - 10/28/95 - 7 pm to 11 pm - A/B - Security Pd. - Permittee DOB Jean Brillhart 6/36 (City Clerk Transmittal 9/28/95, Application) Regular City Council Meeting October 11, 1995 Page Seven The City Manager read the consent agenda, with the exception of item B which had been previously withdrawn by Vice Mayor Corum. MOTION by Cartwright/Damp I move to approve all items remaining on the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent Mayor Fin/on - aye Vice Mayor Corem - aye MOTION CARRIED 4-0 9. PRESENTATIONS - None 10. COMMITTEE REPORTS/RECOMMENDATIONS CONSTRUCTION BOARD (Director of Community Development Transmittal 9/20/95, Four Applications) 95.173 Interview Applicants and Appoint to Regular Concerned Citizen Position - Unexpired Term to Extfire 9/30/97 - Board Recommends Michael Herbi~ City Council interviewed Michael Herbig and Harold D. Smith. The other applicants were not in attendance. Vice Mayor Corem noted that Mr. Fitzpatrick had withdrawn. MOTION by Cartwright/Damp I move to approve the appointment of Michael Herbig to the concerned citizen position to fill the unexpired term to expire 9/30/97. 7 Regular City Council Meeting October 11, 1995 Page Ei~at ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwfight - aye - absent - aye - aye - aye MOTION CAKKIED 4-O 95.174 2. Inteawiew Applicants and Appoint to the Alternate Concerned Citizen Position -Term to Expire 9/30/98 - Board Recommends Harold D. Smith MOTION by ComrrdCamvfight I move to approve Harold D. Smith to the appointment of the alternate concerned citizen position term to expire 9/30/98. ROLL CALL: Mr. Halloran - absent Mayor Firfion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 4-O B. PLANNING AND ZONING COMMISSION 95.175 Recommendation - R_iverfront Task Force (P & Z Memo 10/3/95.~...Minutes Excerpt) The Director of Commumty Developmem reiterated Planning and Zoning recommendation that it did not wish to act as the Kiverfront Task Force. Mayor Firtion suggested setting up a workshop to further address the matter and Mrs. Cartwright suggested reactivating the Community Redevelopment Citizen Advisory Task Force. The City Manager said a separate Architectural Review Board could be established, but that the Task Force should participate. Regular City Council Meefng October 11, 1995 Page Nine Vice Mayor Corum further recommended that a workshop be set up as soon as possible. It was the consensus of City Council to schedule the workshop for January 17, 1996. 11. OLD BUSINESS - None 12. NE~BUSINESS 95.164/ 94.208 RESOLUTION NO. R-95-58 - Brian E. Barry Airport Lease (City Manager Transmittal, R-95-58, Lease, Tabled from 9/27/95) Motion Required to Remove from Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEI-L4J, F OF THE CITY, AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Cartwright/Damp I move that we remove this from the table, Resolution No. R-95-58. ROLL CALL: Mayor Firrion - aye Vice Mayor Corum - aye Mrs. Cartwri~t - aye Mrs. Damp - aye Mr. Halloran - absent MOTION CARRIED 4-0 9 Regular City Council Meeting October 11, 1995 Page Ten Brian Barry, 166 Abeto Terrace, Sebastian, said his lease of parcel B was tentatively approved on August 1, 1994 subject to Planning and Zoning approval, that he had gone through the expense of review by other regulatory agencies and now he had been requested to move his lease 100 feet to the north. He said, for the record, he would be willing if it was possible to do so at no additional expense to him. The City Manager said it was his understanding that the move could be accomplished with no additional cost except a new survey, but if there were additional expenses they would be relayed to Skydive Sebastian. The City Attorney provided a new Schedule B, and advised the Council that it may attach preconditions as follows: 1) authorize the City Manager to execute the lease with revised Schedule B attached with the insertion on · Schedule B that the date of completion for tenant' s improvements shall be 90 days after receipt of written notice of the City Manager that the road access is available, 2) that the City Manager is authorized to execute the lease for the new property where the tenant would move unless there are additional costs that this tenant would incur in moving locations, in that event, the City Manager would be authorized to execute the lease in its present location, 3) and that the lease be executed by the tenant at the time that the City Manager can designate when the road access will in fact be provided and the City Manager is granted the authority to determine that date. The City Manager said a new schedule A will be required and the Director of Commumty Development said P & Z conditions have to be met. TAPE I - SIDE II (7:47 p.m.) MOTION by Damp/Cartwright I move to adopt Resolution R-95-58 with the authorized changes on Schedule A and Schedule B according to the information given by our City Attorney subject to the preconditions that were outlined. ROLL CALL: Vice Mayor Corum Mrs. Cam~ght Mrs. Damp Mr. Halloran Mayor Firtion MOTION CARRIED 4-0 10 - aye - aye - absent - aye Regular City Council Meeting October 11, 1995 Page Eleven 95.084 B. ORDINANCE NO, O-95-16 - Sebastian Christian Church - Tract F - Unit 17 - Sebastian Hi~mklands (Director of Community Developmem Transmittal 10/4/95, O-95-16, Application, P & Z Recommendation, Map) 1st Reading, Set Public Hearing (Quasi-Judicial)for 11/1/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY DESCRIBED AS TRACT F,' SEBASTIAN HIGHLANDS UNIT 17 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 46, FROM PS (PUBLIC SERVICE) TO RS-10 (SINGLE FAMILY R.ESDENTIAL); PROVIDING FOR REPEAL OF ORDiNANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney explained that due to recent legislation, small scale land use amendments no longer need Department of Community Affairs approval. He then read Ordinance No. 0-95-16 by title only. MOTION by Cartwright/Damp I move to accept the fn'st reading of Ordinance No. 0-95-16 and set the public hearing for November 1, 1995. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Camm - aye MOTION CAJLRIED 4-0 11 Re~malar City Council Meeting October 11, 1995 Page Twelve 95.092 C. ORDINANCE NO. O~95-18 - Carl Fischer - Old Dixie and U.S. 1 Rezomng (Director of Community Development Transmittal 10/5/95, O-95-18, Application, P & Z Memo 4/21/95, Map) Reading, Set Public Hearing (Quasi-Judicial)for 1 I/1/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED liN THE NORTH CENTRAL SECTION OF THE CITY, COMPRiSED OF .584 ACtLES, MORE OR LESS, LYING WEST OF U.S. HIGHWAY 1 AND SOUTH OF OLD DIXIE HIGHWAY, FROM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-18 by title only. MOTION by CartwrightfDamp I move to accept the first reading'of Ordinance No. 0-95-18 and set the public hearing for November 1, 1995. ROLL CALL: Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwr/ght - aye MOTION CARRIED 4-O 12 Reomalar City Council Meeting October 11, 1995 Page Thirteen 95.176/ D. 90.087 95.177/ 89.231 ~gcquest for Eighteen Month Time Extension - Fischerlsland Subdivision Preliminary l?lat (.Directorx)f Community_ Development Transmittal 10/5/95. Application) The Director of Community Development briefly explained the request and recommended extension of eighteen months from this date. MOTION by Cartwhght/Comm I move to approve a time extension of eighteen months fi.om October 11, 1995 for Fischer Island Subdivision. The City Attorney advised that the code currently states the subdivision may be revoked if final plat is not submitted within eighteen months, therefore, needs to be changed to will be revoked. ROLL CALL: Mr. Halloran Mayor Firfion Vice Mayor Corum Mrs. Cartwright Mrs. Damp - absent - aye - aye - aye - aye MOTION CARRIED 4-0 Request for Eighteen Time Extension Request - San Sebastian Springs West Subdivision Preliminary Plat (Director of Communiw Development Transmittal 10/5/95. Application5 MOTION by Damp/Cartwright I move to approve a time extension of eighteen months for San Sebastian Springs West from October 11, 1995. 13 Regular City Council Meeting October 11, 1995 Page Fourteen ROLL CALL: Mayor Fin/on Vice Mayor Corem Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - absent MOTION CARKIED 4-0 95.178 F. Police Der>artment Vehicles This item was added to the agenda under Agenda Modifications. The City Manager had previously distributed backup relative to purchase of eight used 1994 Crown Victoria police vehiclesfor $14,500 each (see attached). Chief Petty explained his request and stated the warranty still has 24 months and/or whatever mileage remains. MOTION by Damp/Cartwright I move that we purchase the eight vehicles for a total of $14,500 per car for the Police Department and waive the bid requirement. ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent Mayor Firrion - aye MOTION CARRIED4-0 14 Regular City Council Meeting October 11, 1995 Page Fifteen 95.179 G. Golf Course Equipment Purchase Tiffs item was added to the agenda under Agenda Modifications. The City Manager distributed a letter from ISS (see attached) he received today, said the City's 1987 mower has been down for repairs with an estimated cost of $2000 for repair, and said a demo mower had been found at Piper Inc. for $12,500, noting the price is good until October 18. Vice Mayor Corem recommended waiting until contract negotiations with ISS are completed. MOTION by Com~Cartwfight I move to deny the request to buy a mower for the Golf Course because it would break the City's contract. ROLL CALL: Mrs. Cartwhght - aye Mrs. Damp - nay Mr. Halloran - absent Mayor Fin:ion - nay Vice Mayor Corem - aye MOTION TiED 2-2 (No Vote) 95.043 H. Occupational License Fees This item was added to the agenda under Agenda Modifications. The City Manager noted that the occupational license fee for manicurists was increased from $20 to $60 and for cosmetologists from $10 to $30 and questioned the rationale. Mrs. Cartwri~mht suggested those fees be changed t° be in line with barber shops and beauty shops relative to salaried employees and/or subcontractors. The City Attorney said he understood Council direction. 15 Regular City Council Meeting October 11, 1995 Page Sixteen 13. 14. INTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Warren T. Zeuch, III, 502 Periwinkle Drive, Sebastian, distributed a multitude of documents alleging official misconduct and falsification of records by the Director of Community Development. Waiter Barnes, 402 Azine Terrace, Sebastian, discussed engineering consultant costs vs. paying a City Engineer; recommended changing procedures to eliminate public perceptions about why Council doesn't respond to questions; inquired about solutions to stop 18 wheelers coming out of the groves from using South Wimbrow; and expressed concern that so few people showed up for John Hill's presentation to the homeowners' association. Richard Taracka, 1320 Coverbrook Lane, Sebastian, expressed concern for the lack of lights at the Barber Street Sports Complex field used by the Panthers. Bruce Cooper, Director of Community Development, responded to Mr. Zeuch's allegations, stating they stem from years of allegations by Leonard Bassi and that his records are clean. CITY C. OUNCIL MATTERS A. Mrs~ Norma Damp Mrs. Damp urged people to contact Sue Stiles, American Cancer Society, to participate in the Move-Along-A-Thon in Fellsmere. B. Mr...Ra.vmond Halloran Absent. 16 Regular City Council Meeting October 11, 1995 Page Seventeen 15. C. Mayor Arthur Fin-ion Mayor Fin/on announced that the City Manager met with Indian River County Recreation and will report at a later date on its offer of assistance; and announced the November 11, 1995 golf tournament at the Sebastian Municipal Golf Course. D. Vice Mayor Carol_vn Corem Vice Mayor Corum inquired about the lights at the Barber Street Sports Complex football field; requested Council consensus to have staff establish a regular maintenance program for the Creative Playground to which the ' City Manager said he would look into it and Mrs. Canwright said she would submit a list of items; urged people to be placed on Council agendas if they wish to obtain responses from Council; and suggested City Hall use both sides of papers to conserve. E. Mrs. Louise Cartwright Mrs. Cartwright noted that the Panthers has its own lights and is waiting for Council direction; and inquired about trucks on DelMonte to which the Director of Community Development responded there may be a solution by next week. CITY ATTORNE.Y MATTERS The City Attorney, subsequent to a brief explanation of a problem that has arisen relative to Sebastian Lakes and required right-of-way for the extension of Roseland Road, received a consensus of City Council to draft an ordinance to allow for exchanges of property,. 17 Regular City Council Meeting October 11, 1995 Page Eighteen 16. CITY MANAGER MATTERS The City Manager reported on renovations in City Hall to accommodate Human Resources; requested Council members to submit its choices for 4th of July Chair; discussed proposed lighting at the Panthers' field; and said Indian River County recreation will be presenting a proposal in the near future. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:08 p.m. Approved at the Meeting. ,1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 18 I City of Sebastian 1225 MAIN STREET D SI=BASTIAN, FLORIDA 32958 (407') FAX (407) 589-5570 TELEPHONE 589-5330 AGENDA TRANSMITTAL SUBJECT: Greiner, Inc. Supplemental Agreement No. 2 Approval For Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 10/09/95 For Agenda Of: 10/25/95 Exhibits: - Supplemental Agreement No. 2 To the Master Professional Services Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIllED: N/A SUMMARY The attached Supplemental Agreement to the Greiner, Inc., Engineering Professional Services Agreement is required to be executed prior to advertising for the runway construction. The construction funds have been awarded by the State Department of Transportation and the project can move forward. RECOMMENDATION Approve Supplemental Agreement #2 to the Greiner, Inc., Engineering Professional Services Agreement and authorize the Mayor and City Clerk to execute on behalf of the City of Sebastian. SUPPLEMENTAL AGREEMENT NO. 2 (Supplement to the Master Professional Services Agreement dated August 24, 1994) This SUPPLEMENTAL AGREEMENT, made and entered into this day of , 1995, by and between the CITY OF SEBASTIAN, operator of the Sebastian Municipal Airport, located in Indian River County, a subdivision of the State of Florida, hereinafter called the CITY, and GREINER, INC., a California corporation authorized to do business in the State of Florida, with offices located in Orlando, Florida, hei'einafter called the ENGINEER. WITNESSETH: Article I Project Description The CITY hereby retains the ENGINEER to furnish engineering services for the construction phase of the following development at the Sebastian Municipal Airport: 1. Reconstruct and Mark Runway 4-22 (4,000' x 75') 2. Sealcoat shoulders (8,000' x 37.5') The above services are hereinafter called the PROJECT. Article II Services by Engine.e...r. The consulting services that the ENGINEER shall furniSh to the CITY under this Supplemental Agreement shall include: Basic Services 1. Construction Phase 1.1 Represent the CITY at the Pre-Construction Conference. 1.2 Provide general consultation and advice to the CITY with respect to the construction of the PROJECT. 1 of 7 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 Assist the CITY in estimating cash flow projections of PROJECT expenditures. Provide three (3) sets of executed Contract Documents (Plans and Specifications) for the Contractor's use during the Construction Phase. Perform three field visits (not including the services of full-time inspectors) to the PROJECT while construction is in progress to observe the progress, workmanship and quality of materials for conformity with the plans, specifications and construction schedule and provide appropriate reports to the CITY. A sixty (60) calendar day construction period is estimated for the PROJECT. Review and approve for compliance with the design concept of the PROJECT and compliance with the information given in the construction contract documents, all detailed construction shop and erection drawings and material samples submitted by the Contractor(s). Review reports of field testing activities performed by the CITY or others. Prepare routine Change Orders or routine Supplemental Agreements as may become necessary during construction of the work, it being. understood that change orders or supplemental agreements involving major changes in scope and revisions to plans, specifications or construction operations will be performed in accordance with "Additional Services", Article ll.B., described herein. Review and recommend for approval, monthly and final progress payments to contractors, change orders, supplemental agreements and time extensions and assist the CITY in preparing pertinent governmental agency standard forms, only if the ENGINEER furnished full-time inspection under a subsequent assignment agreement. Perform final inspections with representatives of the CITY and appropriate governmental agencies of the completed PROJECT and prepare certificates of substantial completion and affidavits of compliance for the CITY. 2 of 7 B. Additio.na ~Services If authorized in writing by the CITY, the ENGINEER will furnish or obtain from specialty consultant, the following additional services in connection with the PROJECT: o Make major revisions to completed or partially completed design plans and specifications to incorporate changes made to the scope of work after approval of the preliminary plans by reviewing agencies provided that these revisions are not attributable to any error or omission of the ENGINEER. Prepare construction contract change orders or Assignment agreements involving major changes or revisions of the completed construction plans or specifications which are not attributable to any error or omission on the part of the ENGINEER. Prepare to serve as a consultant, witness or representative for the CITY in any public hearing, public information meeting or other administrative proceeding involving the PROJECT. Such consultation and representation in connection with litigation or other legal proceeding involving the PROJECT shall be covered under subsequent Assignment agreement. - Assist the CITY in performing any inspection of facilities constructed under this Agreement after final acceptance of the work but prior to the expiration of any contractor's warranty periods imposed in construction contract documents. Furnish additional copies of'final plans, specifications and contract documents beyond the three (3) called for in Article II.A. 1.4 for use during construction phase or for review purposes. Perform services involving the preparation of rate schedules, earning and expense statements, feasibility studies, appraisals, evaluations or other similar detailed analysis that are not normally required in the scope of the PROJECT. Prepare drawings from field measurements of existing construction wher~ required for planning additions or alterations thereto where they are not included in the original scope of the PROJECT. Perform additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) prolongation of the construction contract time due to causes beyond the control of the ENGINEER, (3) acceleration of the work schedule involving service beyond normal working hours, and (4) contract default due to delinquency or insolvency of the Contractor(s). 3 of 7 10. 11. 12. 13. Provide full-time resident project representative for field inspection of the PROJECT if ordered by the CITY. Verify "as-built" information provided by the construction contractor(s) if full-time observation is not provided by the ENGINEER. Prepare record drawings in reproducible mylar form based upon information provided by the Contractor(s) of those facilities for which design plans were prepared by the ENGINEER. Update the current Airport Layout Plan to reflect the completed construction under this PROJECT. Perform other than routine services when required by FDOT audit subsequent to the completion of the PROJECT. 14. Additional services not otherwise provided for by this Assignment Agreement. ARTICLE III CITY'S RE$,PONSIBILITIES The CITY'S responsibilities include the following: 1. Coordinate the CITY'S requirements for the PROJECT with the ENGINEER. Provide copies of pertinent documents, repot[s, plans, specifications, photography, standard forms and other similar data available to the CITY that are required by the ENGINEER for the proper performance of his services.: .... ;:.. 3. Provide information and make decisions as may be required to prosecute the work in a timely manner. Perform, or authorize the ENGINEER to arrange to have specialty consultants perform all test borings, sub-surface investigations, construction materials testing and engineering surveys as may be required by the ENGINEER for the proper performance of his services. Reimburse the ENGINEER for the actual cost of printing and mailing of contract plans, specifications and contract documents required during the construction of the PROJECT and for the use by contractors, sub-contractors, testing laboratories and others having need for such documents less any amount paid to the ENGINEER by Contractors or others for copies of these documents. The above shall not preclude the CITY from causing such printing to be performed directly by the CITY or other agencies. 4 of 7 ~::_.~ ... Article IV COMPENSATION AND PAYMENTS TO THE ENGINEER A. Payment for Basic Services The CITY will pay the ENGINEER a lump sum of NINE THOUSAND, FOUR HUNDRED DOLLARS ($9,400.00) for Basic Services Article II.A. 1. (See attached Manhour Breakdown - Exhibit "A".) Compensation for these services shall be billed by the ENGINEER and paid by the CITY not more than once per month in progress payments in proportion to services performed. No deduction shall be made from the ENGINEER'S compenSation on account of penalty, liquidated damages or other amount withheld from payment to the construction contractor(s). In the event that all or part of the PROJECT is not completed by the ENGINEER, or if conditions of the PROJECT change during the performance of Basic Services, the appropriate lump sum amount(s) set forth above shall be renegotiated by a mutually agreed upon method. B. P.avment for Additional Services The CITY will reimburse the ENGINEER a not-to-exceed amount of TWENTY- NINE THOUSAND, TWO HUNDRED DOLLARS ($29,200.00) for Resident Inspection Services in accordance with Article ll.B.9 (see Exhibit "A" for cost breakdown). The CITY will pay the ENGINEER a not-to-exceed amount of FOURTEEN THOUSAND, ONE HUNDRED NINETY DOLLARS ($14,190.00)for Construction Testing Services in accordance with Article 111.4 (see Exhibit "A" for breakdown of cost). The CITY will reimburse the ENGINEER a lump sum amount of ONE THOUSAND, TWO HUNDRED DOLLARS ($1,200.00) for preparation of Record Drawings in accordance with Article II.C.11. The CITY will reimburse the ENGINEER a not-to-exceed amount of TWO THOUSAND DOLLARS ($2,000.00) for preparation of a Construction Management Quality Assurance Plan as required by the Contract Documents. 5 of 7 C. Total Payment - Engineering Services The total payment for Engineering Services described in Article IV.A. and C. above is itemized as follows: IV.A. Basic Services - L.S. $ 9,400.00 IV.B. Additional Services 1. Resident inspection - NTE 2. Construction Testing - NTE 3. Record Drawings - L.S. 4. Constr. Mgmt./Qual. Assur. Plan - L.S. Sub-Total of Additional Services: $29,200.00 14,190.00 1,200.00 2,000.00 46, .590.00 Total Payment-Engineering Services: $55,990.00 D. Subcontract Administr. ation..Services In addition to the compensation and payment described in Article iV.A., B. and C., the CITY will reimburse the ENGINEER for services and reimbursable expenses of specialty consultants employed by the ENGINEER whose services are authorized by the CITY under Article 111.4. Payment shall be made for the actual amount invoiced to the ENGINEER plus a lump sum amount paid to the ENGINEER for the processing and payment of invoices received from the Subconsultant. E. Payment Procedure The ENGINEER shall submit monthly invoices for work performed as described in Article IV.A. and B. payable within thirty (30) days. The amount invoiced will be based on the progress of services performed. The ENGINEER will submit invoices for work performed by specialty consultants as described in Article IV.D. when billed by the specialty consultant and shall attach copies to all statements as approved by the ENGINEER, payable within thirty (30) days. The ENGINEER will maintain adequate records in accordance with generally recognized accounting practices and shall be available to the CITY, the Federal Aviation Administration and the Florida Department of Transportation for audit at the ENGINEER'S office. After sixty (60) days from the date of the invoice, interest at the rate of one-and- one-half percent (1.5%) per month of the outstanding unpaid amount will be charged. ~ 6 of 7 Any Professional Services initiated after October 1, 1996, will be subject to renegotiation. Article V Disadvantaq.ed..,Business_Enterprise Goals {DBE) The ENGINEER establishes the following sub-consultant participation goals for work included in this Agreement. Disadvantaged Business Enterprise (DBE) - 0% Article VI Except as set forth above, all provisions and covenants of the Engineer's Basic Agreement dated August 24, 1994, shall remain in full force and effect the same as incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. AT-TEST: By: CITY OF SEBASTIAN A'CrEST: By: (Vice President) [VlOOOlO.contdoc} 7 of 7 EXHIBIT "A" SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4-22 RECONSTRUCTION Enoineering Fee Brea.k, down Basic Services 1. Construction Phase M~]r. I Engr. i Engr. I Tech. I Clerk I A. Pre-Construction Conference - - 8 4 B. Construction Admin./Coord. - 12 16 6 C. Construction Support (Shop Drawings, Submittal Review, Clarification, Testing, etc.) - 8 20 2 4 D. On-site project meetings (3) - 24 - E. Final inspection 8 - F. Project Close-out 4I 4 12 6 Sub-Total Construction Phase: 6 I16 COST SUMMARY I Hrs. I Rate Cost Project Ma,n, ag.er ........... 4 $98.50 $ 394.00 Senior Engineer 24 $79.27 1,902.48 Engineer 88 $60.24 5,301.12 Technician 6 $49.66 297.96 Clerk 16 .J $32.49 519.84 Sub-Total: $8,415.40 Out-of-Pocket Expenses: A. Pdnting $ 425.00 B. Telephone/Fax 200.00 C. Mileage - 700 mi. @ $0.25/mi. 175.00 D. Per Diem - 4 days ~ $50/day 200.00 Sub-Total Out-of-Pocket: $1,000.00 SAY: $ 8,410.00 A-1 TOTAL BASIC SERVICES COST SUMMARY: 1. Construction Phase - Lump Sum $8,410.00 2. Out-of-Pocket Expenses 1.000.00 Total Basic Services: $9,410.00 B. Additional Services 1. Resident Engineer Rate Cost Labor 470 $65.00 $25,850.00 Mileage 980 0.25 245.00 Per Diem 60 50.00 3,000.00 Total Resident Engr. Costs: $29,095.00 Total Not-to-Exceed Cost: 2. Construction Testing Services Matedal Testing Subconsultant Greiner Handling Fee (L.S.) Total Not-to-Exceed Cost: Record Drawings (As-Builts) (L.S.) Construction Management/QA Plan (L.S.) Total Additional Services: SAY: $12,900.00 1.290.00 C. En~l]neerina Services Cost Summary. 1. Basic Services $ 9,400.00 2. Additional Services 46.590.00 TOTAL ENGINEERING COST: $55,990.00 SAY: $29,200.00 14,190.00 1,200.00 2,000.00 l~tdoc] A-2 $9,400.00 $46,590.00 City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA REOUEST ITEM SUBJECT: Bid Waiver and ) Agenda No. Approval of Asphalt Recycling,) Inc. to Grind and Oil Inject Englar Drive from Schumann Drive to George Street Approved for Submittal By: City Manager Dept of Origin: Public Works Public Works Dir. Date Submitted: For Agenda Of: Exhibits: October 2, 1995 Memo from T. Smith to R.B. Votapka October 17, 1995 October 25, 1995 EXPENDITURE REQUIRED: $30,000 A_MOUNT APPROPRIATION BUDGETED: $30,000 REQUIRED: 0 S~RY STATEMENT A recent inspection of the pavement on Englar Drive between Schumann Drive and the bridge over the Elkcam Waterway just east of George Street revealed the fact that 75% of the base course has failed due to inadequate drainage. The Department of Public Works plans to regrade the swales on Englar Drive in the near future to relieve the flooding of the road which has occurred repeatedly in the past. Lmmediately following all of the swale improvements, the Department of Public Works 'intended that the bikepath be constructed and for Ranger construction to resurface the road.. However, prior to resurfacing the existing portions of the road between the bridge east of George Street and Schumann Drive should be ground, oil injected, and mixed to reconstruct the entire base course for an approximate length of 3,970 feet. The grinding, oil injection, and mixing of the existing base course is estimated to cost about $29,750.10. To the best of our knowledge, the only company that has the equipment to grind down to a depth of 8" is Asphalt Recycling, Inc. located in Melbourne Beach. Martin Paving has equipment which only penetrates to a depth of 4" Asphalt Recycling, Inc. has ground and oil injected the pavement for the City before on Pine Street in 1994, and the firm has done an outstanding job. Asphalt Recycling, !nc. has also done work for Indian River County. RECOMMENDED ACTION In view of the fact that Asphalt Recycling, Inc. is a sole source provider in the Sebastian area, the Department of Public Works recommends that the City Council move to approve a bid waiver for Asphalt Recycling, Inc. to ground and oil inject Englar Drive between Schumann Drive and George Street for a cost not to exceed $30,000. (agn-engl) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MEMORANDUM TO: Richard B. Votapka, P.E. Public Works Director FROM: DATE: SUBJECT: Tim Smith /.~. Engineering / Public Works Technician October 2, 1995 Englar Drive Asphalt Recycling After a walk though investigation of the entire portion of Englar Drive between the bridge and Schumann Drive, I recommend the entire portion be ground and oil injected. The road base in this area is showing signs of failure in approximately 75% of the portion mentioned above. These failures include severe rutting in the outside wheel load area of both lanes, depressions, alligator cracking, and block cracking. The remaining 25% of good pavement are short sections of single lane pavement that hasn't failed yet, but due to the base being a soil cement material, the transitional areas between the new and old base will eventually crack and cause a future base failure. Since Englar Drive is a main connecting street, I feel it would be to our advantage to safeguard against future base failures in thi~ area. Please find attached a breakdown of cost to grind and oil inject the portion of Englar Drive from the bridge to Schumann Drive (total LF = 3969 plus two pavement returns at Schumann Drive and Englar Drive). TS/dj (asphalt) 1.80 = City of Sebastian 1225 MAIN STREET = SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 g FAX (407) 589-5570 SUBJECT:Rejection of Bid for ) Englar Drive Bikepath ) from Schumann Drive ) to Barber Street ) ) Approved for Submittal By: City Manager ~J Agenda No. Dept. Origin Public Works Dir. Date Submitted: For Agenda of Public Works 10-18-95 10-25-95 Exhibits: Bid and Contract Documents EXPENDI _~3RE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: $0 SUMMARY STATEMENT Bids ~or the construction of 5,850 linear feet of bikepath on the south side of Engiar Drive ~rom Schumann Drive to Barber Street were opened on September 29, 1995. Only one bid was received as shown on the attached exhibit. The bid was subraitted for an asphalt bikepath only;, there was no bid submitted for the concrete bikepath. Therefore, the bid should be rejected. The project should be rebid with the requirement that if both the asphalt and concrete bikepaths are not bid by each Bidder, the bid will be considered incomplete and unacceptable. RECOPIMEND ACTION It is recommended that the City Council move to reject the bid received ~rom Pan American Engineering Co. and rebid the project. CONTRACT DOCfTN_ENTS AND SPECIFICATIONS FOR THE E N G L A R D R I V E FROM SCRtlMANN DRIVE TO BARBER STREET B I K E P A T H PREPARED BY THE CI-"~/ OF SEBASTIAN DEPARTMENT OF PUBLIC WORKS AUGUST, 1995 TO: DATE: BIDDER: BID FORM BIKE PATH CONSTRUCTION ON ENGLAR DRIVE FROM BARBER STREET TO SCHUMANN DRIVE City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, FL 32958 (407) 589-5330 Septeraber 29, 1995 Pan American Engineering Co., Inc. (Type or Write in Name of Bidder) The undersigned bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City of Sebastian to construct an asphalt or concrete bike path, in accordance with the typical cross section and specifications at the unit prices as shown below or on Page 2 of 3 of this Bid: BID FOR ASPHALT BIKEPATH The Contractor shall construct a 6 foot wide bikepath with a compacted subgrade, 6" cemented coquina base course, and 3/4" asphalt Type S-III wearing surface on a compacted subgrade. 1. 6" Cemented Coquina Base Course 2. 3/4" Asphalt Wearing Surface 3. Sod 4. Bikepath Safety Railing 3900 SY 8.55~ f33,345.00 3900 SY $ 3.75 /SY S14,625.00 3900 SY ~ S 6. 630.00. 3 EA .$.650.00 /EA $ 1.950.00 TOTAL ASPHALT BIKEPATH BID The total time for completion of the work will be 75 consecutive calendar days after the commencement of work, and shall constitute the total "Contract Term" should this bid be accepted and approved by the City of Sebastian. Page 1 of 3 Englar Drive Bikepath Bid Form BID FOR CONCRETE BIKEPATH The Contractor shall construct a 6 foot wide, 4" thick portland cement concrete bikepath on a compacted subgrade. 5850 LF S /LF S N0 Bid 3900 SY $ /SY cq~0 B$ id 3 EA S /EA $ No Bid !. 6" Concrete Bikepath 2. Sod 3. Bikepath Safety Railing TOTAL CONCRETE BiKEPATH .$ The total time for completion of the work will be consecutive calendar days after the commencement of work, and shall constitute the total "Contract Term" should this bid be accepted and approved by the City of Sebastian. SUBMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS: "BID: CONSTRUCTION OF BIKE PATH ON ENGLAR DRIVE YOUR BID MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 1:30 P.M. ON FRIDAY, SEPTEMBER 29, 1995. BID ACKNOWLEDGEMENT The above unit price shall be considered as a fi~-m bid price not subject to price adjustment unless Bidder's provisions for price escalation are stated on a separate sheet attached to the Bid. The Bidder acknowledges that the prices will remain firm for sixty (60) days following the date of this bid. The Bidder has acknowledged Addenda issued by the City of Sebastian Public Works Department on the lines below: Page 2 of 3 Eng!ar Drive Bike Path Bid Form 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 1. 9-25-95 Signature and Title ~..~/_~"~.~? ~ ~ President D. The Bidder acknowledges the insurance requirements as stated on Pages 4 and 5 of the Agreement and agrees to furnish the City with the necessary proof of insurance if awarded the contract or otherwise be prohibited from entering into the Agreement with the City. Submittals For Bids As Required By "Zn~tructions for Bidders" Six (6) copies of the completed Bid Form are to be submitted. (Typed or in ink) One (1) copy of required contractor's licenses shall be submitted. One (1) copy of the completed Public Entity Crimes Form shall be submitted. One (1) copy of the completed Drug-Free Workplace Form shall be submitted. Respectfully Submitted By: BIDDER Pan American Engineering Co., Inc. PHO~ NO.407-569-0300 State whether Bidder is a Corporation, General Partnership, Limited Partnership, Sole Proprieto~rship _Qr Other on the line below: uorpora~l on A/:)DRESS 825 8th St. Vero Beach, Florida 32961-0877 Signatur~____~ We]]ingt0n Stevens II Printed or typed name President Title FAX NO. DATE 407-569-0006 September 29, 1995 Page 3 of 3 Englar Drive Bike Path Bid Form City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT:Award of Contract for Sod Delivery and Installation Approved for Submittal By: City Manager ~/ Agenda No. Dept. of Origin Public Works Public works DJ=. Date Submitted: 10-17-95 For Agenda of 10-25-95 Exhibits: Summary Sheet of Bids, Bid, and Contract Documents and October 16, 1995 Letter from Turf Farms to R. B. Votapka EXPENDZTURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY STATEMENT The bids for delivery and installation of sod on an as-needed basis were opened on May 9, 1995. Only two firms submitted bids. However, one firm did not bid on two of the four items and was therefore disqualified. Due to preparation of the budget in May, the bids were placed on hold for review. They were reviewed by the Bid Review Committee on August 28 when the committee was also convened to review the U.S. 91 Median Landscaping Bids. The present sod contract does not expire until March 2, 1996. The CommiZtee recommended that the new sod contract be awarded to R and R Turf Farms at the unit prices shown on the attached summary_ of bids. R and R Turf Farms in their letter of October 16, 1995 confirmed that the May 9, 1995 Bid Prices would hold firm from March !, 1996 through March 1, 1997. RECOMMENDED ACTION It is recommended that the City Council move to award the contract for sod delivery_ and installation a5 the unit prices on the bid to R and R Turf Farms of Lake Wales, Florida for a period of one year beginning on March 2, 1996 through March 2, !997. R & R TURF rARM~ 11841 CamF Mack Road kake Wales, Florida 33853 'Telephone {i..943 696-!058 /.,IX (9.43 696-!015 Atvension' Rich Vo,apka/Publlc Werk Depar~men~ CiTY OF SEBASTIAN Office Of The City Clerk $ebas:. lan. r ..... RE' Sid./Sed Le!ivery anm inssal!~;ion Dear Mr. Vo%apka- We are sending %his levSer to verify shas we accel--.v %ne Bid for Sod ze!ivery and ,~s' ~ ..... .... z.a__,ation, and our prices ,~-z~ ce the same as no~m on our bid sheets sent in for Hay smn. 1995. We understand tha~ this bid. if awarded to us will nov 'be~in unt~ March ~ ~oe~. and ' ~ .~.~ en~s on Thank you for your consideration in this matter, and we look ~.~e.a %0 working w!%h ~he n~ --, , Verv ~ veeps .".wea~*..rew K. Ma. cha~a General D~. City of Sebastian 1225 MAIN STREET g SF_BASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 BID FORM SOD DELIVERY AND INSTALLATION City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, Fl, 32958 (407) 589-5330 DATE: APRIL 21, 1995 BIDDER; R & R TURF FARMS The undersigned bidder proposes and agrees, if this Bid is accepted to enter into an Agreement with the City of Sebastian furnish any or all of the following annual supplies. !) BAHIA-ARGENTINE - DELIVERED AND INSTALLED 2 ) FLORATAM 3 ) ST AUGUSTINE 4 ) BERMUDA $ .165 $ .2O - DELIVERED AND INSTALLED - DELIVERED AND INSTALLED $ .20 - DELiVERED AND INSTALLED $ .175 Sb~MIT YOb~ BID IN A SEALED ENVELOPE MARKED AS FOLLOWS: BID: SOD DELIVERY AND INSTALLATION SQ FT .SQ FT , SQ FT .SQ FT YOUR RESPONSE MUST BE SUBMI?I~-D TO THE CI?f CLERK'S OFFICE AT SEBASTIAN CITY. HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER ?HAN 1:30 P.M. ON TUESDAY, MAY 9TH, 1995. SPECIFICATIONS FOR SOD DELIVERY AND INSTALLATION SOD SHALL COMPLY WITH FLORIDA DEPA_R~ OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. 1986 EDITION, SECTION 981. THICKNESS OF SOD CUT SPLALL BE TWO (2) INCH THICK MINIMUM AND SHALL HAVE A MUCKBACK. NO MINIMUM PALLET ORDER SHALL BE REQUIRED. CONTRACTOR MUST BE ABLE TO SUPPLY AND INSTALL SOD WITHIN 48 HOURS OF NOTIFICATION. THE SOD CONTRACTOR SHALL PROVIDE LABOR TO RAKE AREAS TO RECEIVE SOD PRIOR TO SOD PLACEMENTS. SOD THAT APPEAR'S EXTREMELY DRY, DEAD, OR CLUMPS OF FOREIGN VEGETATION SHALL BE REJECTED. IF QUALITY OF THE SOD CONTINUES TO BE INFERIOR, OR THE VENDOR CANNOT PROVIDE THE SOD WITHIN THE GUIDELINES, THEN THE CITY SHALL HAVE NO OTHER RECOURSE BUT TO TERMINATE THE AWARD AND REAWARD IT TO THE NEXT LOWEST BIDDER. ESTIMATED QUANTITIES ARE AS FOLLOWS: 1 ) BAHIA-ARGENTINE 25,000 SQ FT 2) FLORATAM 15,000 SQ FT 3) ST AUGUSTINE 10,000 SQ FT 4 ) BERMUDA 5,000 SQ FT THE CITY OF SEBASTIAN WILL NOT BE BOUND BY ANY EXACT QUANITIES ON THIS BID. THE QUANTITIES ARE ESTIMATED AND MAY INCREASE OR DECREASE BASED ON THE NEEDS OF THE CITY. ANNUAL BID MAY BE RENEWED FOR TWO (2) ADDITIONAL ONE (1) k-EAR PERIODS SUBJECT TO VENDOR ACCEPTANCE, SATISFACTORY PERFORMANCE AND DETERMINATION THAT RENEWAL WILL BE IN THE BEST INTEREST OF THE CITY. NOTIFICATION OF INTENT TO RENEW WiLL BE MAILED SIXTY (60) CALLENDAR DAYS IN ADVANCE OF EXPIRATION DATE OF THIS AWARD. WORN STATEM2ENT UNDER SECTION 28?. 133(3)(a), FLORIDA STA~, ON PUBLIC F_N'FITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. ]'his s-worn stmement is submitted! with Bid, Proposal or Contract with the City of Sebastian, Florida dated .Hay 4, 1995 for Residential Refus~ Collection Service. 2. Thi-~ sworn statement is sul~nitted by R & R TURF FARMS Whosebusine,satldressis 11841 Camp Mack Road. Lake Wales, Florida 33853 aad (if ,pplicable)'ita Federal Employer Identification Number ('F'EIN) is (If the entity h~ no FEIN, include the Social Security Number of the individual signing this ~vorn statement: .) 3. My nameis Andrew R. Machata named above [pie print ,'~n'~ of ~div~tu~ General Partner and my relationship to the entity I understand the a 'public entity ~rin~' ~ deft. ned in P:n-agraph 287.133(I)(g), lqorlda Statutes. mem~ a violation of any state or federal law by i person ~dth respect m a~d diredtly related to the transaction of busine,~ wi~ any public e,~tity or with an agency or political subdivision of any other state or with the United Shate~s, including, but not limited to, any bid or enutract for goods or services to be provided m any public entity or an agency or political subdivision of any other sr.,* or of the United States and involving antitrust. fraud, theft, bt/berT, collusion, raaketeering, cons~ira~, or material m/sr~presentation. 6. I understand that aa 'affil. i--,,' a~ defined in Pa~.~'aph 2g7, I33(I)(a), FloridaStatut~t,_m~mm. I. A predecessor or su~essor of a person convicted of a public entity crime: or 2. An entity under thc control of any natural person who is active in the management of the entity a~d who has been convicted of a public entity crime_ The term 'aftSliat~' includes those officers director's, executives. partners, shareJaolders, employees, member,s, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlIing interest in another person,, or a pooling of equipment or income among persom when mot for fair market value under a~ arm's length agreement, shall be a prima facie case that one l~'rson coatrols another persom A person who knowingly ente~ into a joint ventur~ with a perscm who has been conv/cted of a publle entity crime in Florid. during the prec-~thag 36 mouths shall be comsidm'~d an ~l~lJa~ 7. I understand thai a 'person' ~ defm~ in Paragraph 287.153(I)(e) Florida ~tamte~, means any -amral person or entity organiz~ under the laws of any state or of the umted Stat:s with the legal power to ent~' into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which other"wise tram=acts or applies to traas~ct business with a public entity, The term 'person' includes those officers, directors, executives, partners, shareholders, employees, members, nad agents who ar~ ~:tive in -~gement of an entity. Ba_s~ on information and belief, the r,.atement which I lutve rmtrked below is true in relation to the entity subm'tting this sworn statement. [Please indicate which statement applies.] ~ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who ~re active in management of the entity, nor any afFtIiate of the entity have been charged with and convicted nfs public entity cz/me subsequent to July I, 1989. ... The entity submitting this sworn statement, or nee or more of the officers, dire:tots, executives, p .a~ners, sl:mreholders, employees, members, or agents who are ~-tive La n~.aagement of the entity, or an affiliate of the entity bas been cha~ged with and convicted of a public entity crime mbsequent to July l, 1989, AND ['l~ease indicate wh/ch addit/ona/statement applies.] m There has been a proceeding coocz-n:ting the conviction before a hea~g offic~.r of the state of Vtorid~, Division of Admi-lstrntive Hearings. The final order entered by the heating officer did not pla:~ the person or .'tffiliate on the convicted vendor List. ['Please attach a copy of the final order,] ~ The person or affiliate was plae~l on the convicted vendor list. There has been t subsequent proo~eding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public inmrest to remove the person or aflSHate from the convicted vendor list. [Please attach a cop7 of the final order.] ~ The person or affiliate has uot been ptar. ed ne the convicted vendor list. [~mse describe any action taken by or pending with the Department of General Servi~~ --. vT . [signature] Andrew ~ff. Machata General Partner Date: May 4, 1995 STAT~OF Florida COUNTTOF Brevard PERSONALLY APPEARED BF. FORtl Mit_, the undersigned authority, Andrew R. Machata who, after first being sworn by me, aff'txed his/her sigmamre [name of individual mffmim~] the space provided above ou this My commission expires: 4th dayof May , lgli~ 1995 NOT~dtY PUBLIC Susan F. Walker Sanders { - suS A APPENDIX TpRF...FARMS .... : -- . ~ane o~ ~usin~s under ~id, CAe em~icyee Ma,v 4:!995 Oace Machata, General Partner EXPERIENCE OF PROPOSER YEAR i994 LOCATION Various Locations CLIENT Kay Syed ORANGE COUNTY PUBLIC SCHOOLS 6501 MAGIC WAY ORLANDO, FLORIDA (407) 352-0031 1993-94 Various Locations Art Resnick CITY OF CORAL SPRINGS 9551W. SAMPLE ROAD CORAL SPRINGS~ FL 33065 (305) 344-1101 1992-94 Various Locasions Henry Minneboo BREVARD COUNTY 4690 N. WICKHAM ROAD MELBOURNE, FL 32955 (407) 255-4313 R & R TURF FARMS is a Drug Free Workplace and has been since 1992_ R & R TURF FARMS 11841 CAMP MACK ROAD LAKE WALES, FLORIDA PHONE (813) 696-1058 FAX (813) 696-1015 33853 AGREEMENT THIS AGREE~IENT, made this day of , 1994, by and between the City of Sebastian, a Municipal Corporation organized and existing under the laws of the State of Florida (hereinafter called the "City"), and , or its successors, executors, administrators, and assigns (hereinafter called "Contractor"): W I T N E S S E T H: The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: !. ~ope of Work. Contractor agrees to furnish all materials, labor, supervision, and services necessary to complete the Work as described in the contract documents (the "Contract Documents") and agrees to comp.!ete the Work in a workmanlike manner in accordance with all applicable codes and in full compliance with the Contract Documents. Contract Documents. (a) The Contract Documents consist of this Agreement, Notice of Invitation to Bid, Instructions for Bidders, Special Terms and Conditions, Bid Form, all drawings, specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agre~-ment and modifications issued after execution of this Agreement. The Addenda, if any, are as follows: The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by Contractor. The Contract Documents are complimentary, and what is required by one shall be binding as if required by all; performance by Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. (b) The Contract Doc,~nents shall not be construed to create a contractual relationship of any kind (!) between the City and a Subcontractor or a Sub-subcontractor, or, (2) between any persons or entities other than the City and Contractor. (c) The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by. Contractor to fulfill Contractor's obligations hereunder. The Work may constitute the whole or a part of the project. 3. Contract Sum and Pa%~nent to Contractor. (a) Contract Sum. The City shall pay to Contractor for Contractor's performance hereunder, the amount(s) specified in the Contract Documents (the "Contract Sum"). (b) Prioress Pav~nents- The City shall make progress payments on account of the Contract Sum to Contractor as provided below and elsewhere in the Contract Documents. (i) Each Application for Payment by Contractor shall be submitted to the City by the twenty-fifth (25th) day of each month. (ii) Provided an Application for Payment is received by the City not later than the twenty-fifth (25th) day of a month, the City shall make payment to Contractor not later than the tenth (10th) day of the following month. If an Application for Pa!nnent is received by the City after the application date fixed above, payment shall be made by the City not later than ten (10) days. after the City receives the Application for Payment. (iii) Final payment to Contractor is contingent upon acceptance of the Work by the City. (c) Reimbursable ExPenses. The provisions of Florida law shall govern the reimbursement of per diem and travel expenses to Contractor. Contractor shall not be reimbursed in excess of the rates prescribed by law. Any request for reimbursement by Contractor shall be accompanied by documentation which is, in the reasonable 0pinion of the City, sufficient to establish the expenditure on the part of Contractor. 4. Contractor's Obligations. (a) Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. 2 (b) Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction e~aipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or tc be incorporated in the work. (c) Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes and shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. (d) Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (e) Contractor currently holds and shall maintain at all times during the term of this Agreement all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. (f) Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons perforraing portions of the work under a contract with Contractor. 5. warr~t~ Contractor warrants to the city that al! materials and labor furnished under this Agreement shall be free from any and all defects for a period of one (!) year from the date of completion of the Work, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 6. Correction of Work. (a) Contractor shall, at no cost to the City, promDt!y correct Work failing to conform to requirements of the Contract Documents, whether observed before or after comD!etion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (!) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph 6 apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. 3 (b) Nothing contained in this Paragraph 6 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (!) year as described in Subparagraph 6(a) above relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the work. 7. Subcontracts. (a) A Subcontractor is a person or entity who has a direct contract with Contractor to perform a portion of the Work. (b) A Supplier is a person or entity who has a direct contract with Contractor to provide materials and/or supplies required to perform a portion of the Work. (c) Unless otherwise stated in the Contract Documents or the bidding requirements, Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the City the names of the Subcontractors and Suppliers for each of the principal portions of the Work. Contractor shall not contract with any Subcontractor or Supplier to whom the City has made reasonable and. timely objection. Contracts between Contractor and its Subcontractors and Suppliers shall require each Subcontractor and Supplier, to the extent of the Work to be performed by the Subcontractor and the material and/or supplies to be provided by the Supplier, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor al! the obligations and responsibilities which Contractor, by the Contract Documents, assumes toward the City. 8. Term. The term of this Agreement shall be one (1) year from the date of the Agreement unless otherwise specified in the Contract Documents. The parties reserve the right to extend the term cf this Agreement for an additional term of one (1) year on the same terms and conditions upon mutual written agreement. 9. Termination. (a) For Cause. If Contractor defaults or persistent!y . fails or neglects to car~--y out the Work in accordance with the Contract Documents or fails to perform a provision of this Agreement, the City, after ten (10) days written notice to Contractor and without prejudice to any other remedy the City may have, terminate this Agreement. (b) Without Cause. The City retains the right to cancel this Agreement at any time, with or without good cause, upon written notice to Contractor when such te_~mination is deo~ned by the City Council, or their designee, to be in the public interest. (C) Payment Uoon Termination. In the event of termination as provided herein, Contractor shall be paid for services performed through the date of termination, less damages incurred by the City as a result of Contractor's failure to carry out the Work in accordance with the Contract Documents and Contractor's failure to perform any provision of this Agreement. 10. Indemnity. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City and the City's agents, servants and ermployees, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work, except for injuries, damages or claims which are the result of the sole negligence of the City, its agents, servants, or employees. Contractor hereby acknowledges that the obligations imposed upon the City and the terms of this Agreement are the specific consideration for the indemnification provided herein. !I. Insurance. Contractor shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. Contractor shall also provide the City with evidence of this insurance prior to commencement of the Work in the form of Certificates of Insurance which shall be subject to the City's approval for ade.~uacy. (a) Workers' Compensation. Contractor shall purchase from and maintain in any coraDany or companies lawfully authorized to do business in Florida, workers' compensation insurance for protection from claims for damages because of bodily injury, including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from Contractor's operations under this Agreement, whether such operations be by contractor or by Subcontractors or by anyone directly or indirectly ~mployed by any of them. This insurance shall be written for not less than the limits of liability required by law, and shall include contractual liability insurance applicable to Contractor's obligations under Paragraph 10. Coverage B, Employer's Liability, shall be written for a minimum liability of $100,000.00 per occurrence. (b) Commercial General Liabi!itv. Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial General Liability insurance on an occurrence basis for a minimum of $1,000,000.00 per occurrence for claims of bodily injury including death, and $500,000.00 for property damage. 5 (c) Commercial Auto Liability. Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial Auto Liability insurance on an occurrence basis for a minimum $100,000.00 per occurrence for claims of bodily injury including death, and $300,000.00 for property damage. 12. Performance Bond. "Section 255.05 of the Florida Statutes requires that any bidder who obtains a contract from a City to perform a public works project must post a performance and payment bond unless the City Waives such bond. In the event the city waives the bonding requirements, the following will apply: (a) The successful bidder must present an insurance certificate to the City that verifies workers' ompensation insurance, as required by Florida law and (b) A general liability policy in the amount of $100,000 per person and $200,000 per incidence, and (c) A 10% retainer fee will be withheld until the contractor presents an affidavit to the City that it has paid all subcontractors, laborers and materialmen for the work which has been performed and evidence from each subcontractor, laborer and materialmen of such payment. 13. Assi~nment. Contractor shall not assign this Agreement to any other persons or firm without first obtaining the City's written approval. 14. Notices. All notices, requests, consents, and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mai! (postage prepaid) return receipt requested, addressed to: IF TO THE CITY: City of Sebastian Attn: Joel Koford, city Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: Clifton A. McCle!!and Jr., P.A. City Attorney c/o Potter, McC!e!!and, Marks and Hea!y, P.A. P. O. Box 2523 Melbourne, F1 32902-2523 IF TO CONTRACTOR: 15. Time. Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Aqree~men~, Contractor confirms that the contract time is a reasonable period for performing the work. 16. Conflict of Interest. (a) Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided by law. Contractor further represents that no person having any such interest shall be employed in performance of the Work. (b) Contractor shall promptly notify the City in writing by certified mail of all potential conflicts of interest prohibited by existing state law involving any prospective business association, interest or other circumstance which may influence or appear to influence Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that Contractor may undertake and request the opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City,' constitute a conflict of interest if entered into by Contractor. The City agrees to notify Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by Contractor. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by Contractor, the City shall so state in the notification and Contractor shall, at its option, enter into said association, interest or circumstance and it shall be deemed to be not a conflict of interest with respect to services provided to the City by Contractor under the terms of this Agreement. 17. Co~m~li~nce With All ADDlic~ble Feder&l Laws. Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC 51531, et sec.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section !424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL' 90-542, as amended), The Demonstration cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order Nc. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 18. Li~uidated Damages. In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive as liquidated damages the amount(s) specified in the Contract Documents. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 19. Bid and .Payment Bonds. Contractor shall purchase and maintain such bid and payment bonds as are required by the City and specified in the Contract Documents. 20. Drug-Free work-place. Contractor, in accordance with Florida Statute 287.087, hereby certifies that Contractor does: (a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (b) Inform en~p_!oyees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. (c) Give each enR~_loyee engaged in providing the commodities or contractual services that are required hereunder a cody of the statement specified in Subparagraph (a). (d) In the statement specified in Subparagraph (a), notify the employees that, as a condition of working on the con=~odities or contractual services that are required hereunder, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five {5) days after such conviction. (e) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (f) Make a good faith effort tc continue to maintain a drug-free workplace through implementation of Subparagraphs (a) thru (e). 21. warrants: Public Ent~t~ Cr~mes. (a) Contractor hereby acknowledges, represents and (i) That a "public entity crime" as defined in Paragraph 287.!33(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. (ii) That "convicted" or "conviction" as defined in Paragraph 287.133(!) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July !, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. (iii) That an "affiliate" 287.!33(1) (a), Florida Statutes, means: 1. A predecessor or convicted of a public entity crime; or as defined in Paragraph 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. (iv) That a "person" as defined in Paragraph 287.133(!) (e), Florida Statutes, means any natural person or entity organized under the laws 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 contracts for the provision of goods or services !et by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. successor of a person (b) Based on information and belief, the statement which Contractor has marked below is true in relation to Contractor submitting this sworn statement. [indicate which statement aDDlies.] Neither Contractor, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, ncr any affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July !, 1989. Contractor, or one or more of its officers, directors, executives, partners, shareholders, en%Dlcyees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a 9ublic entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to 91ace Contractor on the convicted vendor list. [attach a cody of the final or~er]. (C) CONTRACTOR UNDERSTANDS THAT THE ACENOWLEDG~4ENTS, REPRESENTATIONS AND WARRA/TTIES F2tDE IN THIS PARAGTUtPH 21 TO THE CIT~ ARE FOR THE CIT~ ONLX AND, THAT SUCH AC~/%~)WI~EDG~ENTS, REPRESENTATIONS ANDWARRANT!ESAR~VALID THROUGH DECEMBER31 OF THE CALENDAR YEAR IN WHICH THIS AGTLE~ IS EXECUTED. IN THE EVENT THE TERMOF THIS AGRE~ SHALL EXTENDBE~ONDTHECALENDARTEARIN WHICH IT WAS EXECUTED, CONTRACTOR SHALL ~CUTE AND SUBMIT TO CITY ANEWSWORNSTAT~/ENTUNDERSECTION 287.!33, FLORIDA STATUTES, ON PUBLIC ENTIT~ CRIM~S, FORM PUR. 7068, AS REVISED FROM TIME TO 'TI~E. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO INFORM THE CIT~/ PRIOR TO ENT~RIN~ INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF AN~ CF~NGE IN THE INFORMATION CONTAINED IN THIS PARAGRAPH 21. 10 22. Entire and Sole Agreement. Except as specifically stated herein, the Contract Documents constitute the entire agreement between the parties and supersede all agreements, representations, warranties, statements, promises and understandings not specifically set forth in the Contract Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Contract Documents. 23. Successors and Assigns_ Except as otherwise provided in the Contract Documents, all covenants and agreements of the parties contained in the Contract Documents shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 24. Attorney's Fees. In the event any action, proceeding, suit or claim is filed, initiated or maintained to enforce any of the provisions of the Contract Documents, the prevailing party shall, in addition to relief to which it is otherwise entitled, be entitled to recover such further amounts, to the extent lawful, as shall be sufficient to pay the cost and expenses of enforcement, including reasonable attorney's fees, both at trial and all appellate levels. 25. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 26. ~overning Law. The Contract Documents shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action pursuant to the Contract Documents shall be in Indian River County, Florida. 27. Amendments. Neither the Contract Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 28. waiver. The failure of any of the parties at any time to require performance of any provision of the Contract Documents shall in no manner affect the right of such party at any later time to enforce or require the same unless waived in writing. Nc waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any other condition or any other breach of any term, covenant or warranty contained in the Contract Documents. 11 IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed his, its, or their names, or name. CITY: ATTEST: THE CITY OF SEBASTIAN, FLORIDA Kathryn M. 0'Hal!oran CMC/AAE, City Clerk (Corporate Seal) By: Name: Arthur L. Firtion Title: Mayor of Sebastian Approved as to Form and Legal Sufficiency_: Clifton A. McClelland Jr., Attorney Signed, sealed and delivered CONTRACTOR: in the presence of: Name: Name: Name- Title. STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of --, 199 by , the of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identification. Notary Public, State of Florida Printed Name 12 Commission Number STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 199__ by , on behalf of CONTRACTOR. He/she is personally known to me or produced as identification. Notary Public, State of Florida Printed Name Commission Number 13 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT:Award of Contract for ) Barber Street Sports ) Complex Center Core ) ~mprovements ) ) Approved for Submittal By: City Manager %~-~ Agenda No. Dept. Origin Public Works Public Works Dir. Date Submitted: 10-17-95 For Agenda of 10-25-95 Exhibits: Summary Sheet of Bids and Bid and Contract Documents EXPEND!.~TIRE REQUIRED: $23,749. AMOUNT APPROPRIATION BUDGETED: $23.749. REQUIRED: $0 SUMMARY STATEMENT The bids for the Barber Street Sports Complex Center Core Improvements were opened at 2:30 PM on October 16, 1995. The bids received as shown on the attached exhibit were reviewed by the Bid Review Committee on October 17, 1995 and found to be in compliance with the bid requirements. The office of the City Attorney has reviewed the attached agreement. The Committee recommended that the contract be awarded to Pan American Engineering Co., Vero Beach, Florida. A copy of the bid and contract documents are also attached. Ail bid documents and signed forms submitted by the Bidders are on file in the office of the City Clerk. RECOMMENDED ACTION It is recommended that the City Council move to award the contract to Pan American Engineering Co., Veto Beach, Florida for construction of the Barber Street Sports Complex Center Core improvements in the amount of $23,749.00 and for a time of completion of 75 consecutive calendar days following the issuance of the Notice to Proceed. CONT_~ACT DOCIIME~ S AND SPECIFICATIONS FOR TEE BARBER STREET SPORTS COMPLEX CENTER COPSE It~PROVEMENTS PP~EPARED B~ T~. CI?T OF SEBASTIAN DEPARTM2ENT OF PUBLT~ WORKS SEPTE~WLBER, 1995 ~OTIC.~ OF i-N-ViT_%T!ON TO BiD SEAL. ED BIDS FOR CONSTRUCTION OF CENTER CgRE i~PROVEF~ENTS FOR T~ BAF~ER ST_~LEET SPORTS CO~PLF~ Wi%T, BE RECEiWrED BT T~!~ OFFICE OF T.~T~, CZ_""/_ CLE~_~, CITY OF SE~L~_ST~_A/~, FL, 32958 LTNTIL 2:30P.H.ON ~ondav, OcEober 16. !995. Bid envelopes shcu!d be clearly marked as shown below. BID: CONSTRUCTION OF C~NTER CORE BARBER ST~LE~T SPORTS COMPLEX. Bidders will be resDonsib!e ~c supply all !~_bcr, suDe~r~sion, mauerLa!s, ~oo!s and equipment ~o cons~.--ucz varicus widths of concrete wa!kways in uhe cenuer core (between the four (4) D!ay±ng fields) of ~he Barber S~ree~ Spor~s Comp_lex north cf ~a!ip Drive and wesu of Barber Streeu. The Con~rac~or is res~onsibie for grading and compacting ~he subgrade; forming, pouring, ~shlng, and curing ~he concr~ue wa!]cways a~ the grades ~hown on ~he plan; constructing v~ewing areas, landings, Zwc drains wi~h solid cas~ iron covers, and consz~=cting a concrete flume on 5he north side of one parking Prospective bidders musu cont_ac-_ ~he CiZ-f Clerk's office in person, bv ~i! az the ~ove ad~ss, or by ~e!eDh~'~g (407) 589-5330 for m_cd~ng 'doc~ents and specifications. Biding dcc'~enus, u!ans, and sDecificaslons shall be obzained solely from Zhe Cic-~ C~erk's office for a non-r~f,~d~!e fee of $5.00 pay~bie ~c ~ine Sebas~i~. Questions ccnce~inq bid sDecificazions and doc~enus should be directed ~c the ~qlneering Offic~ of ~he DeDarument cf Pu~!Ac Works aZ (407) 589-5490. Nc Bid, Perfu~ce, and Sebas~i~ Co~li=y Deve!opmenU begat=merit. - Bids will be ?~b!icly opened ~nd read aloud az 2:30 P.M. on ~cndav, ~- ~aa5 Ci~ , Ocaaber _~ ..... ~n :he . Council Chambers. The C:~; rese~res 5he right ~o rejec~ any and al! bids. - BY: KA~-R_vN M. O'F_~_SLORAN Ci~f CLEP=K Ci~f. OF SE~AST~,~4N' PrJRL/SH PRESS JOURNAL Friday, Sepu=_~er 29, 1995 STATE OF FLOR_fDA COU1Tt"f OF INDIAN RIVER The foregoing instrument was acknow!edqed before me this day of __, 1995 by_ , the of the CITY OF SEBAST!~, FLORIDA, on behalf of the CITY_ OF SEBASTL~. He/she is personally known cc me or produced as identification. Notary Public, State of Florida Printed Name Commission Number STATE OF FLORIDA COUNTY. OF INDIAN RIVER The foregoing inst_~ument was day of October benaif of CONTRACTOR_ ac2~nowledged before me Zhzs 16th 1995 by We]]ingt0n Steve.us II on He/she is oersona!ly known to me or produced a~ identi-~~. Notar-f Publi~/, State of Florida Robert O. Ori Print ed "Name BSSC Center Core Zmprov~ments - Agree_merit Page 13 of 13 TO: DATE: BIDDER: BID FOR~ BARBER STREET SPORTS COMPLEX CENTER COKE i~PROVEMENT-S City Clerk's Office Sebastian City Hail 1225 Main Street Sebastian, FL 32958 (407) 589-5330 October 16, i995 Pan American Engineering Co., Inc. (TyID_e or Write in Name of Bidder) The undersigned bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City of Sebastia. n to construct concrete waikways of various widths, two trench drains with cast iron covers, and a drainage f!tume in accordance with the typical cross section and specifications at the unit prices as shown below: BID FOR CENTER COKE I~PROVE~NTS The Contractor shall construct various width concrete walkways, handicap v±ewing areas adjacent to al! bleachers, Dress box landings, a trench drain with cast iron covers, and a 3 foot wide concrete drainage flume in accordance with the plans and specificaticns. l 2 3 4 5 6 7 8 9 10.Concrete Drainage Flume !2.5; wide Center Core Waikways 50LF 12' wide Center Conc.wa!kway 315LF 6' wide No.&So. Conc. Wa!kways 325LF 5' wide BieacherConc.Wa!kways !40LF 5' Wide "Y" Conc.'Wa!kway 4' wide Concrete Wa!]cways 6'x 6' Handicap Viewing Areas 5'x !0' Press Box Landings Trench Drain w/C.i. Covers $ 34.75 /LF s 33. 5 /LF $ 13,75 /LF $ ;]3.40 /LF 200SF $ 3.50 /SF SSLF $ 10.80 /LF 4HA $175.00 /EA 25LF $ 48.00 /LF LS $475-00 /LS 1,737.50 10,473.75 4,468.75 1 876.00 700.00 $ 918.00 S 1 200.00 $ 700.00 $ 1,200.00 $ 475.00 TOT3kL BID $ 23,749.00 The total time for ccmpieuicn of the work will be 75 consecutive calendar days after the commencement of work, and shall constituUe %he 5otal "Contract Te_~m_'' should this bid be accepted and approved by the Cicy of Sebastian. Page ! of 3 BSSC-CFdTTER CORE IMPROVemENTS BiD FO~M SUBMIT YOUR BiD IN A SEALED ENVELOPE .~IARKED AS FOLLOWS: "BID: CONSTRUCTION OF BARBER STREET SPORTS COMPLEX CENTER CORE iMPROVEP~ENTS" YOUR BID MUST BE SUBMITTED TO THE CITY. CLERK'S OFFICE AT SEBASTI~ CITY. ~L~L, 1225 MAiN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:30 P.~. ON OCTOBER 16, 1995. BID ACKNOWLEDGEMENT The above unit price shall be considered as a firra bid ur4~o not subject to price adjustment unless Bidder's provisions for price esca!azion are stated on a separate sheet attached tc the Bid. The Bidder acknowledges that the prices will r~m~in fi_-Tn, for sixty (60) days following the date of this bid. The Bidder has acknowledged Addenda issued by the City of Sebastian Public Works Department on the lines below: ADDENDA ACI~NOWLEDGEM~NT. The undersigned Bidder acknowledges that he has received ~he following Addenda for ~his project prior to the submittal of this bid and ~hau work called for in these addenda is included in ~he prices above. Addendum Sicmature and Title D. The .Bidder acknowledges the insurance requir~menUs as stated on Pages 4 and 5 of the Agreement and agrees to furnish the City wish ~he necessary proof of insurance if awarded the contrac~ or o~he~wise be prohibited ~rom entering in~o ~he Agre~_ment with the City. Subraittais For Bids As Required By "!nsUructions for D/dder~" 2. 3. 4. Six (6) copies of ~he completed Bid Form are ~o be subraizted. (?yp_ed or in ink) One (!) copy of required contractor's licenses shall be submitted. One (!) copy cf ~he comp_leted Public Ent_~y Crimes Form_ shall be submzt~_d One (!) copy of the completed Drug-Free Workplace Form shall be submitted. Page 2 of 3 BBSC-CENTER CORE IMPROVE~_ENTS BID FORM Respectfully Submitted By.: BIDDER Pan American Engineering Co. State whether Bidder is a Cor"poraticn~, General Partnership, Limited Partnership, Sole ProDrietorship or Other on ~he line below: ADDRESS 825 8th Street Vero Beach, Florida 32961-0877 407-569-0300 FAX NO. DATE 407-569-0006 October ]6, ]995 m Si~naUur~ Wellington Sl~evens II Printed or Ci~Ded' name mm Pres i dent Title BSSC Page 3 of 3 C~i~TER CORE ZMPROVEM~_NTS BiD FORM I I I i I I I I I I DRUG- FREE W©RKP~.--ACE F©RlW. The undersigned Contractor, in accordance with Florida Statute 28~.087 hereby certifies ~ha~ Pan American Engineering Co. Na~ne of Business does: Publish a statement notifying employees that the unlawful manufacture, distrLbution, dispensing, possession, or use of a controlled substance is prohibited in the worko!ac~ and sDeci~¥±ng the actions that will be taken against empicyees for violations of such prohibition. Inform =_~m~ io_vees aboum the dangers of d~mg abuse in work.place, ~he business's policy_ of maintaining a alt-ag-free work_D!ace, any available drug counseling, rehabi!ltation, employee assistance programs and the penalties tha~ ma~.- be ~_mp_osed upon e_m.Dioyees for drug abuse v±oiations. Give each =_mp.!oyee engaged in providing abe commodities or contractura! so,rices ~hat are under bid a cogy of the stat~menz specified in Paragraph !. in the statement specified in Paragraph !, notify the ~mp_!oyees that, as a condition of working on the commodities or contractura! se~ices that are under bid, the ~mp_!oyee will abide by_ the terms of the s~a=~ment and wi!! notify the ~n~_loyer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter !89~ or of any controlled substance !aw of the United States or any state, for a violation occurring in the ,workplace no later than five (5) days after such conviction. ~'~ L~p_ose a sanction on, or require the satisfacto~£ participation in a d~gg abuse assistance or rehabilitation program if such is available in the ~mp. ioyee's cc~m'~unity, by any =_mp.!oyee who is so convicted. Make a good faith effort tc continue to maintain a drug-free work~_lace t.kurough in~_l~mentation o~ Paragraphs ! thru 5. As the person authorized tc sign this statement, i certify that _.gu__ ~ments. %his fi_-m complies ~u!!y wlth 5he above ~= ~ ~= Bidder's Signature October ]6, ]995 Date THiS FOP~M TO BE SUBMITTED WIT.=- T.~E BID. m XX× Neither the entity submitting tttis st. tom statement, nor ~y o~=. diregzom, partne=, s~are~ol~e~, employs, mem~em, or agenm '~no are amive N ma~gement of the enti~. nor any affiliate of the e~tiO have been c~arg~ ~t~ and' ~cted of a public enU~ ~e m %e entiw submitting ~ ~o~ smtemenk or one or more of =~tivm, parme=, shareaolOe=, emptoy~, mem~em,.or agea= w~o are a~ve the enti~, or an a~Iiate of t~e en~ty ~= begn cAarg~ ~ au~ ~n~m~ of a puOlic t~e State of ~od~ D~iou of Admini~ ~~ ~e fi.~l or, er enter~ by h~g offi~r di~ not pa~ ~e p~on or a~te on ~e mm~ ~ndor ~L [Pl~se m ~c pc~on or ~te ~ p~ on ~e ~a~ vendor su~s~uent p~ug ~fo~ a ~g o~r of ~e State of ~ ~ ~e pubQc mt~t to remove ~e p~n or ~m ~m ~c . ,m Dat~ October 16, 1995 ~A~ OF F1 ori d~ ~ m m co--oF Indian River m Wellington Stevens II ~ spare p~d~ ~e on ~ _ 16th ~ o~ October,..~ 95__. . . . . 0 ~~ *~c - ~{Ti 'dGd'd~ )~l ~nOedI 1~-- No. C~8382 gv Se[vice tl~,t~ "' m Exhibi~ B2 - BSSC Center Core improvements" i I SWOill~ STATEMENT UNDER SECTION FLORIDA STAT~. ON ?LrBLiC E2~rI7 THIS FORM MUST BE SIGNED [Iv THE PILESENCE OF A NOTARY PUBLIC OR OTHE~ OFFICER ALTTHOILIZED TO AJ3MI['4ISTER OATHS. '[-h/z sworn statement is su0mitted witR Bid, P~posal or.Contract ~o. [or Construction of Center Core Improvements at BArber Street Sports Comp]ex sworn statement is submitte~i by Pan American En.qineerinq Co. [name of .~ttty submitting sworn sro--merit) whose bu$ine: addrems is 825 8th Street Vero Beach, FL 32961-0877 and (if-applicable) im Fetieral ~ptoyer Idcatiiicatio: Nmi:er ~ is (If the entity ita$ ao FEI2,[, inciude ~¢ Social $eearity Number of mc Mdividual ~igning tlzi$ ~wor~ .) st~tCrllCllr'- My =amc is and my re~tiort~hi~ to the [pteaae print name of individtta/ anUt7 aa=ed a0ove is Wellington Stevens II, President [ ~nde=tand ~at a 'pubLic eutity crLmc' a~ c[¢fined in Paragtu.uh 28'7.L33(1)(g), ,~'lorid. u Statut~ me:am a violation of any state or federal taw by a pemon wit. Ix rmpec: to and ctLrectty related to thc transaction of b=iaesa ~ any puOlic entity or wi= an agone7 or poliucal subdiv/sion of any or~cr state or witl~ the Un/text Shate~, including, but not lit=ted ~o, any bid or e~ntra~ for goo0.s or service~ to be ~rovidexi to an7 public entity or an agen~r or political sutxLiv~ioa of any otl:tcr state or of mc u~tted State~ anti Mv~tving antitnmt, ~-aua, uxc~ t. nbery, c~llusion, racl:=t~-nng, co=piracy, or matexial [ unde=tanti that 'eonvicxed' or "=nviclio=' as dcfmexi in ParagI'a.vll 2~.!.33(!)0a), Hor/.da Sea=res, mearn a 5nding of ~milt or a eownc~iott guilL in any f~leral or state trial cmtrt of record rela~lg to eh~trges brought ~r indic~naent or information after ln/y L L989, = a rea~tt oi a ju.,""~ ~'~i~ aonjury ~riaL or entry of a plea of guilty or nolo clantendere- " I ,,nde=mad mt an 'am-Iiate" as defin~ in Pa~-agraplx Z87.L33(1)(a), Florida Statute, mea.u$: i. A predec...-~or or $~or of a per, on c~wrim~l of z pubEc eu~? ~< or ead~ and w~o ~ ~n ~n~ of a p~fic ~fi~ ~ ~e te~ '~te' m~ud~ ~ose o~=, d~om, ~~. p~cm, sa=~olde~, mpt~. m~. an~ ag~= who ~ a~ive incer~t ~ uno=er p~o~ or a poo~g of ~n/pment oral,me ~oug pc=om w~en not for ~a~ market ~luc under ~ am's Icn~ a~menL s~afl be a p~ M~c ~c ~t one ~c=on ~n~ob anotaer pc=om A ~=on w~o ~o~y ante= into · jolt venire con~cted of a ~u0[i~ endW ~c in ~on~ ~u~g thc prong 36 mou~ sba~ be ~=ider~ an a~atm [ undemtan~ that a 'pc=on' = dc~< M Pam~ ~.~3(1)(e), ~o~da $~mt~, m~ any power to en~er into a ~in~Mg ~ut~ an~ wM~ bi~ or appfi~ ~o bid on ~u~ for ~e ~r~ioa o~ goo~ or se~ Icl ~ a public anti~, or wbi~ otae~c t~a~ or appii~ to with a ~u01ic enti~. ~e {c~ 'pe~o:' ~clud~ t=ose o~, snarenoide=, empt~, mcm0em, and agen5 who are naive B=~ on i~omation and ~ficL t~c s~tement wbic~ [ bare mark~ be!ow enti~ iuO~t~g ~ ~om state=gaL [Pl~se indl~te w~i~ s~temenc appii~.] "Exhibit B1-BSSC CEnter Core IMprovements" INDIAN RIVER .CUum'rx 1840 25TH STREET VERO BEACH, FL 329fl0 BUILDING DIVISION COMPETENCY CARD cert Nbr 3211 Contractor 3211 : STEVENS, WELLINGTON II class Code 9560 : GRADING/PAViNG (CO~LMERCIAL), UNLIMITED C State No RX0059504 state Exp D.B.A. Address City Phone Liab Exp W/C Exp Applied 09/23/95 04/01/96 12/03/90 PAN AMERICAN ENGINEERING COMPANY, I P. O. BOX 877 VERO BEACH, FL 32961 407-569-0300 Renewed Cert Exp 07/31/96 W/C Waiver N Fax O/L Waiver N Status: ACTV Note: This competency card, issued by the Indian River county/City of Vero Beach Building Department, authorizes work for the class code stated, for the unincorporated areas of Indian River County and the City of Vero Beach only. It does not authorize work for the City of Sebastian, Indian River Shores, Town of Orchid, or the City of Fellsmere. It is the contractor's responsibility to maintain this card in a current status by providing Certificates of Insurance, current address and telephone number information, and 'renewing this card annually as required. Indian River County Contractor 1840 25th Street, vero Boach, FL 32960 (407} §67-~000 Ext~nmiO11 288 Cert [= 3211 ~p~ 07/31/96 State~ ~ ~0059504 Exp: P. O. ~X 877 I I stian Construction Board i Certificate of 5ompetency i NAME: ~I,~I.,L INGTON STEVENS FIRM: PAN AME, RICAN ENGINEI',RING Cf_),, IN(~. I Al)DRESS: P,O, BOX 877 VERO BEACH QUALIFIED AS: PAVING I FOR TEAR EXPIRING: 093096 STATE REGISTILATION #: AUTHORI ZED BT'.'T-~,~.~d~'./,.~..-;r-,c.J~/~/~D,' I ~ Karl Zimmemzann, Tax Collector P.o. ,509, V ro Beach, I [~~1 =t COUNTY OCCUPATIONAL  LICENSE TAX (Unino~rtmraled Area Only) Indian River County- Florida CLAS$1FICAqlON: GE~I~qAL OONTRACTOR PRIMARY: , PAVING SECONDARY: 95/96 LICENSE TAX FOR YEAR 02820 ACCOU~rr · 96 F. XI'IRF~ SEPT. 30, LICENS[:. TAX AMOtJbtI'S $ 825 8TH ~ LOCATION: NAME OF BUSINESS OR PROFES.qlON PbJq N4ERICAI'I EI~IGINI~ING, JULIAN, ROBERT J PO BOX 877 VERO BEACH, FL 32961 INC TRANSFER bEE ARRI';AR$/I)EI . PEN TOTAL 40. O0 40.00 TO: DATE: BID FO~ B~_P~BER ST.R~--ET SPORTS COMPZ~EX CENTER COR~ i~PRO%-ENr~.NTS City Clerk's Office Sebastian City Ha!! 1225 Main Street Sebasulan, FL 32958 {407) 589-~330 October !6, 1995 .... J (?FP_e or Write in Na/ne of Blccer) The undersigned bidder proposes and agrees, if this Bid ls accepted, no enter in/o ~ Agre~menm with the CiTy of Sebastian ~o cons5ruc5 concreLe walkways of various widths, two trench drains with cas/ iron covers, and a drainage flume in accordance with the ty~pica! cross secLion and specifications au the unit prices as shown below: BID FOR CENTER CO~ I~PKOVEMENTS The Ccnuracuor shall construct various width concreue wa!kways, handica~ -,z_~_ng~ =, ~ areas adjacent ~o ..... ~] bleachers press box landings a trench drain ~ ~-~ ~on , .~_~n cast __ covers and a 3 foo~ wide ccncreze drLinage f!~me in accordance with 5he plans and specifications. !. !2.S' wide Center Core Wa!kways 50LF 2. 12' wide Center 'Conc.wa!~way 3!LLF 3. 6' wide Nc.iSc.Conc. Waikways 325LF 4. 5' wide B!eacherConc.Wa!/cwavs !40LF 5. 5I wide "Y" Conc-. Wa!kwav 200SF 6 4 wide Conc .... Waikways 85LF 7. 6'x 6' Handicap Viewing Areas 8EA 8. ~'x !0' Press Box Landings 4EA 9. Trench Drain w/C.I. Covers 2$LF !0.Concrete Drainage Flume LS TOTAl-- BiD The ~ocal ~ime fsr ccmpie~ion of ~he work ,~.__ consecutive calendar days after the commenc~men[ of work, and stat! constitute 5he total "~--~ ~ Term" ' .... ~_ ~..=__c~ should ~h~s o~c De acceuu=s and a~p_ov_, by the City of Sebastian. Page ! of 3 BSSC-CENTER CORE L~.PROV~2~NT_S BiD FOP~M ' SUBMIT YOD~R BiD IN A SEALED EbVv-ELOPE M_~.RKED AS FOLLOWS: "BID: CONSTRUCTION OF BA_KBER STREET SPORTS COMPLEX CENTER CORE i~PROVEPDENTS" YOUR BiD -~ST BE SUBMITTED TO TEE CiTY CLERK'S OFFICE AT SEBASTIA/~ CiTY KALL, 1225 M3~ZN STREET, SEBASTIAn,, FL 32958, NO LATER THAN 2:30 P.M. ON OCTOBER 16, 1995. BID ACZi~OWLEDGEF~ENT The above unit price shall be considered as a fi~n. bid price not subject to price adjustment ,mnless Bidder's provisions for price escalation are stated on a separate sheet a~nached to the Bid. The Bidder acknowledges that the prices will r=_main firTm for sixty (60) days'following the date of this bid. The Bidder has acknowledged Addenda issued by the City of Sebastian P~mb!ic Works Department on the lines below: !ADDENDA ACkNOWLEDGEmENT The undersigned Bidder acknowledges that he has received the following Addenda for this projec~ prior 50 the submitua! of this bid and ~ha~ work called'for in these addenda is included in 5he prices. above. D. The Bidder acknowledges the insurance re_cuir~ments as s~aced on Pages 4 and 5 cf the.Agreement and agrees to furnish 5he City with the necessary, proof of insurance if awarded the contrac~ cr otherwise be prohibited from ~tering in~o the Agreement with ~he City. Submittals For Bids As Required By "Instructions for Bidders" Six (6) copies of the completed Bid Form are to be submitted. (~ped or in ink) One (!) copy of required contractor's licenses shall be submitted. One (!) copy cf the comp!e~ed Public Entity Crimes Forth shall be subraitted. One (!) copy'cf the completed Drug-Free Workplace Form shall be submitted. Page 2 of 3 BBSC-CENTER CORE iMPROVEMENTS BID FORM Respectfully Submismed S~ane w~e~her Bidder is a Corpor~n~on, General Partnership, Limised Partnership, Sole ~oprietorship or Other on the line below: BSSC Page 3 cf 3 CENTER ~ = ~ ,~R~ ~MPROV~NTS BiD FORM_ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: REQUEST FROM SEBASTIAN RIVER ART CLUB TO USE RIVERVIEW PARK Approved For Submittal By: City Manager ~.~ Agenda Number: ~S, /¢0 Dept. Origin: Community Development /~¢ Date Submitted: 10/11/95 (BC~F'~Yw For Agenda Of: 10/25/95 Exhibits: 1. Richard Dougherty letter of 10/11/95. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian River Art Club is again requesting permission from the City Council to utilize Riverview Park on Saturday, February 17, 1996 (rain date Sunday, February 18, 1996) and again on Saturday, March 9, 1996 (rain date Sunday, March 10, 1996) for an art show. 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 River Art Club to use Riverview Park on February 17, 1996 (with rain date of February 18, 1996) and March 9f 1996 (with razn date of March 10, 1996), with standard conditions. Oct. !i, 1995 Hon. Mayor Arthur Firtion & Council Members City of Sebastian 1225 Main St. Sebastian, F1 32958 Dear Mayor and Council, The Sebastian River Art Club is in the process of setting up our show dates for the 1995-1996 season. To minimize .park usage we are only asking for two show dates in the 1996 season for your consideration of our "Fine Arts" exhibition at the Rivervie~ Park location. They are: MONTH - 1996 DATE RAIN DATE February Sat. 17 Sun. 18 March Sat. 9 Sun. 10 We are asking for an early commitment in order to be listed in the "ARTS CALENDAR" of the Indian River Council of Arts, that is published yearly. As usual, we only use the park frontage along USS1 and again advise that any other activity that you wish to schedule along the river road section will not interfere with our activities and we welcome other events in the park at our scheduled dates as a compliment to one another. Thank you for your consideration. /very.~~/~~ Richard Dougherty SEBASTIAN RIVER ART CLUB PO BOX 780534 SEBASTIAN, FL 32958 PHONE: 723-9238 City of Sebastian 1225 MAIN STREET = SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: ] AGENDA NO. ~'~' / ~ / Use of Community Center ] For Christmas Party ] ] Dept. Origin : City Clerk .~' ] ] Date Submitted:__October 20, 1995 APPROVED FOR SUBMITTAL BY: ] ] For Agenda Of.' __October 25, 1995 City Manager: ~-.[~" ] Exhibits: dY ] Application EXPENDITURE AMOUNT APPROPRIATION REQUltlED: BUDGETED: REQUIRED: ..... ~UMMARySTATEMENT ........... The City of Sebastian employees are planning a Christmas party and are requesting the use of the Community Center on December 9, 1995 from 6:00 PM to 12:00 Midnight. They are also requesting the use of alcoholic beverages at this event and approval to use the facility until Midnight (Resolution No. R-94-50, Section I, paragraph K, copy attached). RECOMMENDED ACTION Move to approve the request with the use of alcohol and extension of time to Midnight. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION .4.c~dress of Permittee ' ] YACHT CLIj'B Name oi Orgamzcmon or Group ff Ap2::, lie=bio: ~!e~se ~swer ~ or NO: 2) W~ deco~ons be put up? 4) W~ ~e~ be ~n ~mon or door cboe? 5) W~ ~cohoRc be~mges be se~d? Amorox # of Persons Attending Event: / r~=~ o~ ~. $~n, ~ ~ . To: 12_ / J ./70 (a) If cmswer to #5 is Yes, ?ermittee's 7.--'roof of Age: (b) [fo. loohol i~ te be ~erved, pmTnission is .requ.u~d by City Coun¢'.T Your request ,mil Counc~ on /D/2 /QJ .... · .,.~4.. Rental $ + 7% 7= = * Secm-i~ Deposit Make Checks ?~¥abie tc: '~TY OF SEBASTIAN "' SPECIAL NOTE: A serwce fee of 5% or $20.00 (whichever is greater) may be charged for any dishonored check per r-iondc~ State Statute 188.251. ~e :3resented to , ONLY Sec,~n~ Deoosit Prod On Fee Prod On 'Date Cx::sh Check Date '~.~sn Check Beverage Reauest 5_eca-d ~ ~e ~.~unc~J Meem~g on Key ~.ckcuD Date Sec,amY Deposit iRe'u,.u'nec By CRv C'aecx Nc. Key Ren. tm Dote tn the c~motmt cf .A.PPRO~/DL-NI~ on I I I I I I ! I ! I i i I ! ! ! ! G. No decorasion of any type shall be permitted without the prior approval of the City. Any decoration utilized must be removed by the pe.~mittee. H. in the event that gambling activity is to be a part of the pe-~mi~ted use, the City Council shall make a determination that such activity is not in conflict wi~h ~he general law of the State of Florida. I. No alcoholic beverages of any typ_e may be brough= on ~o the premises, dispensed, or or~herwise consumed without prior authoriza=ion of the City Council. The Council shall make specific provisions in the pe_~mit with regard to consumption of alcoholic beverages. J. The permittee shall not, under any circumstances, remove any chairs, tables, or any other equipment from ~he facility. K. Unless otherwise directed by ~he City Council, all permitted activities shall cease no later than I!:00 p.m. L. The permittee shall bear the responsibility for the control of the lights, thermostats, and other equipment in facility. Further, the permitnee sha!l bear responsibility for the unlocking and subsequent securing of the doors of the facility. In the event that an applicant anticipates any special needs with regard to heating, air conditioning, or lighting, he shall disclose the details of such necessities to the City Clerk at the time of application. The Clerk shall then determine if an additional fee is necessary. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 = FAX (407) 589-5570 iL!B_iE. CT' APPOINT}'~NT TO THE CoNST~C~ION BOAKD $£BAST!.~ ..... ) Date 5~flm~tte~: ) For Age~ Of: .) l EXPEND I TURE REQ[21 RED: B[iDGETED: APPROPRi.2~TiON REQUIRED' 5IJMb[~RY STATEmeNT At t&e£r -meat£~g &e[~ 10/!0/95, t~¢ Sefiastl~'~ Co=stz~c.t£o'n. Boar~ ~T!ON BY 5~. MOSBT, SECONDED BY VICE CHAI~V[<N J. SMITH THAT WE RECQM/v~ND MICHAEL HQLDRIDGE BE APPOINTED AS A NEW 5~ER TO THE BOARD IN THE ELECTRICAL CONTRACTOR ,POSI.~ ~DTION CARRieD. APPLICATION TO SERVE ON CiTY BCARD HOME TELEPHONE 5 7 8 SOCIAL SECURITY NUMBER: (use addi~iona! sheets if necessaz? or submit resume if available) il. 12. !3. Are yOU a rBsident of the Length of Residency Do ~ou hold a public office? Yes ~ No ,, Yes__ No ~ 14. Do you sez-ze on a Cit-f Board at present? Yes No_~ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED %N SERVING ON: (Please number in order of preference with first choice being "!") ~BOARD OF AD~STMENT ~CONSTRUCT!ON BOARD ~PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qua!ific.~tions do you have to serve on this board? Sc./% c.-~\,:;,.~,~ C~.~..:,.~ -~,~ '~ · /e 7~.~ r~ ~ '1 'Jr ,~ s~..~ ,~'.~ ~ / LT. board? What reasons do you have for wishing To serve on an ad-~!sory 8~. '.E'ave you ever been conv~Lc~ad cf any felony or misd'emeanor Lnvc!vinc moral ~uroizude in this or - Yes No !9 .. Would ~ou consider se~ng on another Board o~her than the one(s) you selected above? !es ~ No i hereby certify ~at ~ am ~ua!ified ~o hold the posizion for which this aoD!Lcsticn is made. Further, Z hereby au~horlze inf~a~ion i have unders%and t~aT any misrepresentation or omission of Lnfo~a%ion reques%ed in this a~olica~ion is csuse for dis~a!lfica~ion removal. . - I understand tha~ the Ci~f Council cf the Ci~ of SEBASTi~ may susDend or rsmove from office any municipal ~o~d memDer for - malfeasance, misfeas~ce, neg!ec~ed du~, habitual d~ke~ess, incompetence, or pe~ent inabi!i~z to perfo~ his official du%ies. =urther, I ~ders~and tha~ the Ci~ Council may suspend any municiDa! board member who is arrasted ~or a fe!onv-or f~r misdemeano~ r~!a%ed to The du~!es of his office indicated or Lnfo~ed ag~ins~ for Uhe co~ission of any felony misdeme~or. - · ~ hereby authorize the Seb~~~ce D~~n~ to run an active w5 rran~ check o Nam~ of N~a=~ <,=~m~"or TYPed) NO. kws- fo~k aoo!ication I I i I i i I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 589-5330 [] FAX (407) 589-5570 TELEPHONE (407) CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Police Officers' Retirement System Board of Trustees Appointment of Two Members DEPT. ORIGIN: DATE SUBMITTED: 1. 0/18/95 MEETING DATE: APPROVED FOR SUBMITTAL: City Manager' EXHIBITS: -Sec. 58-51 -Member List -Applications Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Chapter 58, Article III of the Code of Ordinances provides for a Police Officers' Retirement System. Section 58-51 provides for a Board of Trustees (see attached). The board was originally formed in 1989 (see membership list attached). City Council, in accordance with 55-5 l(a)(1), appoints two members who are legal residents of the City for two year terms. There are no term limits imposed for this board. Terms for Marily~ Waldis and Gregory Gore expired October 1, 1995. Ms. Waldis has reapplied for her positio~ however, Mr. Gore does not wish to continue iris membership. We have received an application from Wayne D. Komara. Board of Trustees Agenda Transmittal Page Two The Police Department employees have elected Lieutenant Gene Ewen and Sergeant Larry Hardison to the Board. Upon appointment of two members by the Council, the Board will meet and elect a fifth member, whose position w/il be brought to Council for appointment as a ministerial duty. RECOMMENDATION Appoint Marilyn Waldis and Wayne D. Komara to the Police Officers' Retirement System Board of Trustees £or two year terms to expire 10/1/97. 2 § 58-50 SEBASTIAN CODE On) Staze cons,~.bu~ionz. A~ny moneys received by reason of the laws of the state for the purpose of funding and paying for retirement benefits for the police officers of the city shall be deoosited to the fund within five days of receipt. (c) Ci~, con:riburions. So long as the system is in effe~, the ci%v shall make qua~erty contributions to the fund in an amount equal to the balance of the total cost for any year which shal] be the tom] normal cost plus any addition~ amount required to amo~ize the unfunded actuaria~ accrued liabilivy over a 40-year period. (d) Other. DonaUons, gifts and con=iburions from sources other than the city may be deposited to the fund. Such deposits, at the discretion of the board, may be accounted for separately and kept on a segregated bookkeeping, basis. (Code 1980, § 2-124; Ord. Nc. 0-92-03, § 7, 3-11-92) Sec. 58-51. Bo~xd of trus~ees. (a) Administration vested in board; membership. The sole a~d exclusive administration and responsibility for the prop~ opera~on of the retirement system and for making effective ~he provision~ of thi~ ar~ie_te ~re hereby vested in a board of trustees which shall be designated . as the pi~u admin~tr~ter for the ~m. The board shall consist of five persons as follows: (!) Two legal residentz of the clvy who shall be appointed by the councEd to serve for a period of two years unless sooner repta~ed by the ciW counc_JL An appointed member may succeed himself; (2) Two employee members of the police departnnent to be elected as provided in this section; and' (3) A fifth member, elected by the other four members of the board, to be appointed by the city council as a ministerial duty, for a two-year term. Such fifth member shall be allowed to succeed himself/n office for additional two-yeaz terms if reelected. (b) Ternzs ofof~ce. The regular term of office of each eteC~ed or appointed trustee shall be for two years. ~'.ach employee trustee may succeed hlraself if reeiected as provided in this section. (c) Election of employee rru~. Employee trustees shall be etecr~ in the following manner: the police officer eiec~ed members shall be elected by a majority vote of all actively employed members of their police department at places designated by the board. A J/qualified members entitled to vote shall be notified in pe.-~on or by written notice ten days in advance of the election. The two candidates from the police department who receive the highest number of votes for office shall be declared elected and shall rake office immediately upon commencement of the term of office for which elected or as soon thereafter as they shall qualify. An election shall be held not more than 30 days and not less than ten days prior to the commencement of the term for which a trustee is to be eiec:ed. The board shall establish and administer the nominating and eleczion procedure for each election. CD58:14 LA~F EArFORCEMENT § 55-51 rd) O~-g¢zz~z~Zion. The board shall elect from among its members a chairman, vice- chairman and secrer~ry within ten days after a new trustee is elected or appointed. (e) ~'ac~zrzcies. If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously fllled. (f) Compentar/on.' az.z;er~es. The tTustees shall serve without compensation, but they may be reimbursed from the fund for ad] necessary expenses which they may actually expend through service on the board. (g) -Votes; quorum, Each tTustee shall be entitled to one vote on the board. A quorum shall consist of at least three members and three affnunative votes shall be necessary for a decision by the trustees at any meeting of the board. The chairman shall have the right to one vote only, Trustees may not cast proxy, votes. (h) Ruies and rcfzz~m~ons. Subjec~ to the limitations of this arcicle, the board shall, from time to time, establish uniform rules and regulations for the administration of the fund created by this article and for :ransactions of its buainess, including provisions for expulsion due to nonattendance of its elected members which could result in a vacancy. (i) tzzppo~ serui¢¢s; ~egr~f ¢ouns¢l The board shall engage such actuarial, accounting, lega2 and other services as shall be required to transact the business of the retirement system. The compensa~on of all persons engaged 'Dy the board and all other expenses of the board necessary for the operation of the retirement system shall be paid by the fund at such rates and in such arnount~ as the board shall agree. Funds may be distributed by a disbursing agen: as determined by the board, bu; only upon writ%eh authorization by the board. The citly attorney shall give advice to the board in all rnat~ers pertaining to their duties in the administration of the system whenever requested; and he shall represent and defend the board as its attorney in all suits and aC:ions at law or in equity that rosy be brought against the board and bring all suits and actions on behalf of the board that may be required or determined upon by the board. However, if the board so electa, it may employ independent legal counsel at the expense of the system for the purposes contained in this se~ion, together with such other professional, technical or other advisors as the board deems necessary. ~) R¢moua2 o~ trustees. Any elected or appointed trustee who neglects the duties of his offxce, as determined by the board, may be removed by four concurring votes among the board. (k) M~nu~es. For all acts and determinations of the board, the secretary shall prepare minu~es. (1) Duties czn~ rcsponsfbiZi~ies. The duties and responsibilities of the board shall include, but not necessarily be limited ~o, the following: Construe the provisions of the system and de~e,-unine all questions arising thereunder. De~ermine all quesgions relating to eiigibiliry for benefits under the system. Determine and cedi ~fy the amount of all retiremeng allowances or other benefits under the system. CD58:15 § 58-$1 SEBASTIAN CODE (4) Em~ablish uniform ruies and procedures to be £ollowed for administrative purposes, benefit applications and all mazters required to administer the system. (5] Distribute to the members annually pe~inen~ £mancial information concerning the sNstem. (6) Receive and process all applications for par'~icipa=ion and benefits. (7) Authorize all payraen=s whatsoever from the fund, and notify the disbursing agent, in writinE, of approved benefit payments and other expenditures arising through oper- ation of the system and fund. (8) Have actuarial studies and acru~al v, aluations performed and make recommenda- tions re~arding any and all changes in the provisions o£ the system. (9) Make the final determination of a member's eligibility for the disabili~' benefits provided in this ar~icie. (10) Pe~orn~ such other duties as are soeci£1ed in :his article. (m) ~4~udirs. The board shall furnish to the city auditor such available investment and actuarial information re~o~rding the system as shall be requested. At its option, the board may seleC~ the citN's independen~ auditor for purposes of prepanng an mdependen~ audit of the system, prowided the auditor mee~s the requ/rements of F.S. ak. 188. (Code 1980, § 2-125) Sec. 58-52. F~--nces and fund (a) .~1~ of the con~urAor~s and assets whaxsoever attributable 'to the system shall be deposited to the fuxzd. (b) The act-a~ custody and supervision of the fund and assets thereo£shall be yes:ed in the board. Payments ef beneQts and disbursemen=s fxom the fund may be made by the d~sbursing agent but o~y upon vcr~e~ authorization from the board. (c) The board sha~ be required ~o appoint a narionaJ or s=ate bank with :rus: powers for the purpose of serving as cus=odia~ of the fund, and aJ~ asse:s o£the fu=d shall 5e promptly and con~inua.Qy de=osited therewith, in order ~o in this a~ic]e, the board sha_U be required investmen= advisor registered under ~nves:men: Adv~so~ Act of !940, an insurance company, or a comb±na~on of these, for purposes of investment decLsions and managemen=. $=ch inves:- men; manager shall have £ul~ discretion in the investmen: of asse:s subject to limitation of this agreement and any guidelines as prescribed by the board. (d) Ali funds ~nd secure:les of the system may be commingled m ;he fund, provided that accurate records are m~n~a_ined a; ali Umes toffee:lng :he £mancia~ composition of the £und, including accurate curren~ accounts and entries regarding the following: (1/ Receions and disbursements of the fund. CD58:!6 NUMBER OF BOARD TEkMS AND YEARS FOR EACH iNDIVIDUAL ARE AS OF 12/12/94 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH POLICE RETIREMENT BOARD OF TRUSTEES 2 YEAR TE~MS Two Members APPointed bv CiUv Council AARR¥-NA?~R ....................... R~PAAS~B-~ARSW~A~--~fg~ M3~RILYN WALDIS 1462 BEVAN DRIVE SEBASTIAN, FL 32958 APPOINTED UNEXPIRED TERM: 11/94 TERM TO EXPIRE: 10/95 GREGORY GORE (CHAiR~LAN) APPOINTED: 10/89 709 WASHINGTON STREET TE~M TO EXPIRE: 10/91 SEBASTIAN, FL 32958 IREAPPOINTMENT LATE) REAPPOINTED: 1/92 TERM. TO EXPIRE: 10,/93 REAPPOINTED: 10/93 TERM TO EXPIRE: 10/95 Two Members Aoooinzed by Pc!ice Officers SENIOR SERGEANT EUGENE EWERT (VICE CHAIRMAN) APPOINTED: 10/89 TERM TO EXPIRE: 10/91 (CONFIRMATION LATE): 1/92 TERM TO EXPIRE: 10/93 REAPPOINTED: 10/93 TERM., TO EXPIRE: 10/95 LARRY HARDISON (REPLACED PUSCHER) 92 APPOINTED: 10/93 TE~M TO EXPIRE: 10/95 One Member Appointed by Board and Confi_~med bv Ci%v Council JUDITH A. ROBINSON P.O.BOX 780785 9744 HONEYSUCKLE DR. SEBASTIAN, FLORIDA 32978 APPOINTED: 10/93 TERM TO EXPIRE: 10/95 AME: ./'"~'2 ~/f~ //,.~/~,,',,'~., HOME ADDRESS: (use additional sheets if necessaz-y or submit resume if available !0. Voter registration no. ll. Are you a resident of the City? Yes / No 12. Length of Residency !3. Do you hold a public office? Yes No/ 14. Dc you serve on a City Board at present? Yes Z5. 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 HAND ICAPPED COMMITTEE 9 16. What qualifications do you have to serve on this board? What reasons do you have for wishing to serve on an advisor~f board7 la. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? iAg~,~W~ul~ you consider serving on another Board other than the ,-onet~.) yoU.selected above? Yes No ~-~ I ~e~b~ Certify that ! am qualified to hold the position for WhYch ~his. 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. ! understand that the Cit~ 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~ an~s i~gture Subscribed and swQrn to before me this ~ - day to me or has produced as identification. Co~iss±on No. \ws- form~ application ~.~,~.:c~.~o__~ T__q SERVE O_iN CITY- BOARD _ NAM-: ,, ~ ' '--' .~ ~- O , ~ ~ !x , ~-~. ~- , C,%~.';· ~'....~ 4 BUS i~SS: 5 BUSINESS ~DR~SS: BUS!~SS TELEPHONE: 7 SOCIAL SECURITY ~ER: ~ ~ ' k L - d {~g __ 9 RES~E OF EDUCATzON A~ EXPERIENCE: ~c,~=~&~ ~%z.~'~l (use additional sheers if necessa~ or submi% resume if avti!able) !0. Vo~er regis~rs~ion no. ~ L~) ~ __ ii. Are you a resident of =he CiTy? Yes ~ No 12. Length of Residency ~ ~ !3. Do you hold a public office? YeS 14. Do you se=e~ on a City Board a~ present? Yes No 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference wi%h first choice beinc "1" ) - *~OARD OF ~STMENT ~EMETERY COMMITTEE -- ~CODE ENFORCEMENT BOARD -- · CONSTRUCTION BOARD -- .- *PLANNING A~ ZONING -- HA~ I CAP~ED CO,TrEE _ -- 16. Who: Cua!ific~ons dc you have to se~ee on this board? 17. Who: reasons do you have for wishing ~o serve on an advisory board? 8. H-ave you ever been convicted cf any felony or any misdemeanor 'involving moral Turpitude in This or any state? Yes No .~ 19. Would you consider se_~-ving 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 app!ica~ion is made. Further, ~ hereby authorize The City of Sebastian To investigate The Truthfulness of all information which i have provided in This application. Z understand That any misrepresentation or omission of info-~mation requested in This app!!ca~ion is cause for discualificaTion or removal. ! understand =hat The C!~_ Council of the Cindy of SEBASTIAN may suspend or remove from office any municipal board member for ma!feasancer misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perfo_~m his official duties. Further, i underscand 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 info~-med against for The commission of any felony or misdemeanor. 2 hereby authorize the Sebastian Police Department to run an active warrant check on me. ! A~p!i~ant Signature !9.~.,~, bv ~~ ~. ~D~~<_ , Wh© is personally known To me or has ~oduced~L~3h ~3~C.~-~-~-~&,~..7.~.~' as idenTi,ication. '~,~ o,~ R~"" e ' ~ · -- ' -- Commission NO. m \aom !icaTion City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 58.c MEMORANDUM TO. Mayor, City Council FROM: Dorri Bosworth, Secre,a~ Planning and Zoning C~_' R~FER~NC~.: Commissioner Resignation At its regular meeting of October 19, 1995 t th Commission accepted the resignation of Vice Goldstein as of 10/31/95 with regre~s. Mr. Johns made a motion to send the ]: their action. Mr. Fischer seconded taken and all members were in favor. FAX (407) 589-5570 Dorri Bosworth, Secre.~~~ Planning and Zoning C~ssion the Planning and zoning Chairman Mr. Howard resignation to City Council for the motion. A voice vote was lemorandum ?b: From: Date: Subject: ./W. "Tommy" Thomoson C. hairman, _Planning & Zoning Commission Howard Goldxtem /'. ~' ~ ]9 0c,ober ~995 ~9¢ Due to significantly changed circumstances that will soon render me incapable of devoting sufficient attention to my dutie~-.as'a commissioner; l'wilh~e'vacating my seat on the Sebastian Planning & Zoning Commission, effective 31 OCtober 1995. Although these circumstances were unanticipated, in nearly all respects they represent a highly positive change in my "real" life outside of the commission. ; My service on the board was made both more effective and pleasant by the assistance provided by staff under the professional leadership of Bruce Cooper,-. Director of Community Development. Even when we disagreed, Mr. Cooper's positions were well-reasoned and his arguments consistently stimulating and of the highest caliber. While it goes without saying that the board would have floundere~l endlessly but for Dori's fine support, and previously the support provided by Geri and Linda, all present or past Commission secretaries, I would be remiss if I neglected to say it and give credit to these fine individuals when credit is so clearly due them.' : In parting, my only regret is having failed to achieve my primary objective of improving communications and cooperation between P&Z and City Council.~ i'm not certain whether the fault lies in some inherent ineffectiveness on my part, or whether there are factors outside of P&Z's control systematically operating to stymie attempts to improve the state of the relationship between the bodies and causing a failure to correctly resolve at higher levels what in my heart I felt were issues vital to the' orderly development of our city, or perhaps something else.' :: : It has been both a privilege and a high honor to have served the city with you, J.W., with my fellow commissioners, and with staff, over these past years. Without exception, you ail have been most gracious and cOUrteous towards me. I will treasure for many decades to come the experience, and tt~e memories. City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Ordinance No. O-95-27 Amending Occupational License Fees AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: APPROVED FOR SUBMITTAL: City Manager' i',~ ~,~ MEETING DATE: EXHIBITS: 10/25/9..5 O-95-27 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEM-I[NT City Council, at its October 11, 1995 Regular Meeting, directed staffto draft an ordinance to amend the 0ceupational license ordinance to equalize fees for manicurists and cosmetologists. Ordinance No. 0-95-27 is presented for first reading. RECOMMENDATIQN Approve Ordinance No. 0-95-27 on first reading and set the public hearing for November 15, 1995. ORDINANCE NO. 0-95-27 AN ORDINANCE OF TIzI_E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II, SECTIONS 30-51 (11) AND 30-51 (12) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO OCCUPATIONAL LICENSE FEES, PROVIDING FOR INCLUSION IN TIlE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian established new occupational license fees by adoption of Ordinance No. O-95-11 on June 14, 1995, and subsequent adoption of amending Ordinance No. 0-95-20 on August 9, 1995; and WHEREAS, the City Council desires to revise its rate structures for certain occupational license taxes. NOW, TitEREFORE, BE IT ORDAINED BY TE[E CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. Chapter 30, Article II, Section 30-51 (11) of the Code of Ordinances of the City .of Sebastian, Florida, is hereby amended by deleting the words "Manicurist, each $60.00". SECTION 2. Chapter 30, Article II, Section 30-51 (12) (a) of the Code of. Ordinances of the City of Sebastian, Florida, is hereby amended by deleting the words "or cosmetologist". SECTION 3. Chapter 30, Article II, Section 30-51 (12) (e) of the Code of Ordinances of the City of Sebastian is hereby amended to read as follows: "e. Barbershop, Beauty Shop, Mamcurist Shop, Cosmetologist Shop: The business owner Each non-employee licensed barber Each non-employee licensed beautician Each non-employee licensed manicurist Each non-employee licensed cosmetologist Each chair/station 30.00 30.00 30.00 30.00 30.00 3.00" ~[~2 .T ]_Q_ ,N_ ~ CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of tiffs Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. SECTION 5. CONFLICT. All other Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. ~g_C,I]_Q_~N_~ SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalic[, such unconstitutional or invalid part or application shall be considered as eliminated, m no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. 2 EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Cotmcilmember and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Louise Cartwfi~t Cotmcilmember Norma Damp Councilmember Raymond Halloran The Mayor thereupon declared this Ordinance duly passed and adopted this __ of ,1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtior~ Mayor Kattu3m M. O'Halloran, CMC/AAE City Clerk day I HEREBY CERTIFY that notice of public heating on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the ~ day of , 199__, and the following said public heating this Ordinance was passed by the City, Council. Ka .thryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and content: Clifton A. McClellan& Jr., City Attorney City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 g FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: ISS Maintenance Contract AGENDA NO. Approval For Submittal By: City Manager .~.~___ Dept. Origin: City Manager Date Submitted: 10/19/95 For Agenda Of: 10/25/95 Exhibits: - ISS Maintenance Contract between the City of Sebastian and ISS EXPENDITURE AMOUNT APPROPRIATION I REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY During the past several months, the interpretation of the maintenance contract between the City of Sebastian and ISS, Inc., for maintenance services at the golf course has been an item of discussion. The attached copy of the current contract contains some proposed language that is acceptable to ISS and allows the City to continue with the original concept. The first proposed change is on page 2 of the Contract, paragraph 4. (b). The words "equipment, maintenance equipment and machinery" have been deleted. The second proposed change is on page 3 of the Contract, and adds two (2) new provisions. The first is an additional requirement on ISS, and is stated as (g) at the top of the page. If approved, this would add a sentence to paragraph 4. The second provision is to add a sentence to paragraph 5, which is the City's obligation. The provision requires the City to budget $50,000 each fiscal year for the remaining term of this Contract for capital purchases. Staff recommends approval. RECOMMENDATION RESOLUTION NO. R-95-62 A RESOLUTION OF TltE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING THE SEPTEMBER 16, 1994 CONTRACT BETWEEN TIlE CITY OF SEBASTIAN AND ISS LANDSCAPE MANAGEMENT SERVICES, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ItEREWITIt; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, the City Council entered into an Agreement with ISS Landscape Management Services, Inc., for the purpose of providing grounds maintenance services for the Sebastian Municipal Golf Course, by adoption of Resolution No. R-94-49, on September 16, 1994; and WHEREAS, the City of Sebastian and ISS Landscape Management Services, Inc. desire to amend that certain Agreement dated September 16, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN~ INDIAN RIVER COUNTY, FLORIDA, that: ~F~2TI_Q_~_~ AMENDED AGREEMENT. The City Council of the City of Sebastian, Indian River County, Florida, hereby approves the revised Agreement with ISS Landscape Management Services, Inc., with the amendment of section 4(b), the addition of sections 4(g) and 5(a)(7); the revised Agreement being identified as Exhibit "A" to this Resolution, and by this reference incorporated hereto. _O_~[_~ CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ 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 Couiacil of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall farther be assmed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. immediately upon its adoption. The foregoing Resolution was moved This Resolution shall take effect for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firdon Vice Mayor Carolyn Corem Councilmember Norma J. Damp Councilmember Louise Cartwright Cotmcilmember Raymond Halloran The Mayor thereupon declared this Resolution duly passed and adopted this day of ,1995. 2 By: ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney CITY OF SEBASTIAN, FLOR_IDA Arthur L. Firtion, Mayor THiS AGREEMENT, made this !6th day of Seo~ember .., 1994, by and between the Ciu'3 cf Sebastian, a pc!i~ica! subdivision of the Staue cf Florida <hereinafter called the "City"), and 5~_~DSCAPE M3-NAGE~-~iE-NT SERVICES, iNC., or its successors, executors, administrators, and assigns (hereinafter called "Contract~r"). W i T N = S S E T H: The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: !. Scm_pe of Work: C~ntrector agrees to furnish all m~teria!s, !abcr, superb±sion, and services necessary to como!ere ~he ~crk as described in the con~ract documenns (the "Contract Documents") and agrees to complete the Work in a work~an!ike manner in accordance ~ith all applicable codes and in full compliance with the Contract Documents. 2. Corl~r~ct. Docu~e~t~s: (a) The Contrac~ Documents consist of this ~=o ' Notice of invitation to Bid, instructions for Bidders, Suecificaaicn Sheet, Suecia! Te-~ms and Conditions, Bid Fol-m, a.!l. drawings, specifications, addenda issued prior to the execution cf this Agreement, o:her documents listed in this Agreement and modifications issued after execution cf this Agreement. The Addenda, if any, are as follows: None m~ q~ =~- cf the Conaract Documents is tc include a~ ite!~s necessary for the proper execution and completion cf the work by con~ractor. The Contract Documents are ccmD!imentary, and wha~ is =_~_~ed-= ~ by one shall be binding as if recuired_ by all', .performance - .~qu__~d on!v by con~ractor shall be -= ,~= . to the ex~en~ consis~enn with the Contract Documents and reascnab!y inferable from them as being necessary to produce the intended results. (b) The Contract Documents shall not be construed to create a contrac~ua! re!aticnship cf any kind (!) between the city and a Subcon:raczcr cra Sub-subcontractor, or, (2) between a~y persons cr entities o~her than the City and Ccn~ractor. (c) The te-~m.. "Work" means the maintenance or construction and services_-=~=~u~=d--- by_ the Con~rac~ Documents, whether comp~=~'.__.~ cr carina' !!v_ comD_!eted, and includes a~ ..... ~bo~, materials, equipment and services provided or to be urovided by Contractor to fulfill Contractor's obligations hereunder. The Work may ccnsuituae the whc!e or a part of the project. Contract Sum ~nd Pa~vment to Contractor: (a) Contract Sum: The City shall pay to Contractor for Contractor's performance hereunder, the amount(s) specified in the BID Documents (the "Contract Sum") which is $391.000 and an annual contract escalation equal to the Miami Consumer Price Index as of July 1, not to exceed 5% of the current annual contract price. (b) Contract Pa~vments: The City shall make payments on account of the Contract Sum to contractor as provided below and elsewhere in the Contract Documents. If no provision for payments is made in the Contract Documents, each payment shall be based on the percentage of work actually completed. (i) Each Invoice for Payment by Contractor shall be submitted to the city by the twenty-fifth (25th) day of each month. (ii) Provided an Invoice for Payment is received by the city not later than the twenty-fifth (25th) day 'of a month, the City shall make payment to Contractor not later ~han the tenth (10th) day of the following month. If an Invoice for Payment is received by the City after the application date fixed above, payment shall be made by the City not later than twenty (20) days after the city receives the Invoice for Payment. 4. Contractor's Ob!i,ations: (a) Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over maintenance means, methods, techniques~ sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. (b) Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, ~ tools, ~ai~e~a~¢~ ~ipm~ ~d ~achi~-y, tanspor~ation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. (c) Unless otherwise provided in the Contract Documenns, Contractor shall pay all sales, use and other similar taxes and shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. (d) Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (e) Con~ractor currently holds and shall maintain at all times during the term of r_his Agreement all required federal, state and local licenses necessary to perform the Work re~cfuired under the Contrac~ Documents. (f) Contractor shall be responsible to the city for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the work under a contract with Contractor. ~ Prowl.de vearl~ eo%%imment p~rchase recommendations and a six (6) month e=uipmen~ sta~s report. 5. City's Ob!igation~ (a) The City shall, at no cost to the Con=fac%or, provide the following services and materials or facilities. (~) (2) (4) (5) Water & Sewer Electrical Cost for repair parts and materials required for proper maintenance and utilization of City equipment. Repair parts for the irrigation system. Adequate parking spaces designated for contractor employees. Maintenance facility meeting all OSHA Standards for a maintenance and repair facility. Provide a minimum of $50~00~ Der year for the life of the contract for capital eg~/iDment and replacemen=. (b) The City shall provide a City representative at the golf course with the authority to authorize repair part purchase order submission to City Finance and who represents the City Manager for supervisory decisions regarding golf course maintenance and other related activities as outlined within the contract documents. 6. w~: Contractor warran=s to the City that all- materials and labor furnished under this Agreement shall be free from any and all defects and that the Work will conform with the requirements of the Contract Documents. Work not conforming to ~hese requirements, including substitutions not properly approved and authorized, may be considered defective. 7. Correction of Work: (a) Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether obse-~ved before or after completion of the Work The provisions of this Paragraph 7 apply to the Work done bv Subcontractors as well as to ~he Work done by direct employees cf Contractor. (b) Nothing contained in this Paragraph 7 shall be const_--ued to establish a ueriod cf limitation with respect to other ob!iga~ions wmich Contractor might have under ~he Contract Documents. Establishment of the time period of thirty (30) days as descr_~ed an Subparagraph 7(a) above ~=!ates only 50 the sDeci£ic obligation cf Contractor tc correct the Wcrk, and has no re!aCionship ~c the nime within which the cb!iga~icn to comply with ~he Conuract Documents may be sough5 5u be enforced, nor to the time within which proceedings may be commenced to establish Contractor's !iabi~ ~tv with respect to Con~ractcr's ob!iga~ions c~her than suecifica!!v to correc~ the Wcrk. 8. ~2~bcontr~cts: (a) A Subcontractor is a person or entity who has' a direct contract with Contractor tc perform a p'crticn of the Work. (b) A Supplier is a person or entiuy who has a direct contract with Contractor to provide mauaria!s and/or supplies required to perform a portion of the Work. {c) Unless otherwise stated in the Ccntrac~ Documents or ~he bidding'reqfairemen%s, Contractor, as soon as practicable after award of the Contract, shall furnish in writing ~o the City the names of the Subcontractors and SuDu!iers for each of ~he principal portions cf ~he Work. Con~ractor shall not contract with any ~ubcontractor or Supplier to wncm the City has made reasonable and time!v objection. Contracts between con~ractor and i5s Subcontractors and Suppliers shall require each Subcontractor and supplier, tc the extend of the Work to be performed by the - _ _ ~.___s to be provided by Subcontractor and ~he ma~=~a~ and/or suD~= . the Supplier, to be bound Uo Contractor by %he ~erm. s of the Contract Documents, and to assume toward Contractor all the obligations and responsibiii~ies which Contractor, by the Contract Documents, assumes toward the City. 9. Te?m.: The term cf this Agreemen~ shall be five (5) years, beginning Occober !~ !9~4, unless o~herwise smecified in the Contract Documents. The parties rose,ce 5he righ~ uo extend the term of this Agreement for an additional ~erm cf five (5) years on the same tarm_s and conditions upon mutual written agreement. Ia) Ear cause: if Contractor defaults or persistently fails cr neglects uo carry cut the Work in accordance with the Contract Documents or fails to perform a provision of this Agreement, the city, after ten !!0) days written no,ice to Contractor and without prejudice to any other remedy ~he City may have, terminate this Agreemenn. (b) WiZhou~ Cause: The CiTy re~ains the righU to cancel this Agreemen~ at any time, with cr without good cause, upon thirty (30) days written notice ~o Contractor ~hen such te_~rminaticn is deemed by the City Council, to be in the Dubiic in=crest. (c) ?av~ent. ~pcn Te-~mina~ion: in the event cf termination as provided herein, Contractor shall be paid for services perfo_~m_ed ~hrough the date cf ter~_...ina%ion, !ess damages incurred by %he City as a resu!~ of Contracuor's failure ~o carry out the Work in accordance with ~he Con~ract Documents and Contracnor's failure ~o perform any orovisicn of this Agreement. !I. ~: To the fu!ies~ exzen~ pe_~m, itCed bv law, Contractor shall indemnify, defend and hold harmless the City and the City's agents, sea, anus and emD!oyees, from and against all claims, damages, losses and expenses, including but not limited to a~torney's fees, arising out of or rasu!ting from performance of the Work, excemt for injuries, damages or c!afms which are the result of Lhe sc!e negligence cf the City, its agents, se_~vanLs, or employees, and Con=rector shall at its own cost and expense defend the City against any such claim, suit, action or proceeding which may be commenced against the City by reason thereof. Contractor hereby ac~now!edges that the obligations imposed upon the City and the terms of this Agreement are the sDecific consideration for the indemnification provided herein. 12. ~: Contractor shall procure and maintain during ~%e life of this ..g___ment insurance of the types and s-~bjec~ to the limits se= forth below. Contrac%or shall also provide the city ~i%h evidence cf this insurance prior to ccmmencemen= of the Work in the form of Carnificates of insurance ~hich s~a!i be subjec~ to the City's approval for adequacy. (a) Wcrkers! C~mDensa~icn: Contractor shall purchase from and maintain in any company or companies lawfully authorized to do business in F!crida, workers' compensation insurance for protection from claims for damages because of bodily injury, including death, and from claims for damages, o%her than to the Work itself, to property which may arise ou~ cf or result from Contractor's oper~icns under this ~=o Ag__~men~ whether such operations be by Connr~cnor cr by Subcontractors or by anyone .......... ~ .... _nsu__nce directly or ~M~t~v emoloved bv any cf them. This shall be written for not !ess than the !imics of liability required by law, and shall include contr~ctua! liability insurmnca applicable to Contractor's cb!igations under Paragraph I0. Coverage B, Employer's Liabi!i5y, shall be writ%et for a minimum ~_ab_l_,y of $!00,000 00 Der occurrence ~o~mercia! GeDer~! Liabi!i~v: 5 Contrtcuor shall provide and maintain during 5he life cf this Agreementf at _nsu__nc~ cn Con~rac~cr's own expense, Commercial General r~=~v~_____~ ~ ~ = an occurrence basis for a minimum o= $~,000,00 00 Der occurrence for claims cf bodily injury including death, and $500,000.00 for property damage. (c) Commercial Auto Liabi!iUv: Contractor shall provide Ag___ment, at CcntracCor's own and maintain during ~he life of this ~== ' expense, Commercial Auto Liabi!izy insurance on an occurrence basis for a minimum $i00,000.00 per occurrence for claims of bodily. injury, including death, and $300,000.00 for property damage. 13. Perfo~-nan~e $ond: Con:ractor shall ourchase and maintain throughout ~he duration of mhis Agreement a Perfc-~mance Bond in an amount ecoa! to 110% of the face amount cf the Ccn~ract Su~, unless such reqiuiremen~ is specifically -waived or modified in 'writing Dy the City. Said bond shall be with a sure~y insurer authorized to dc business in the Sta. te of Florida. in lieu of said bond, Contractor may obtain and deliver to the City an irrevocable letter of credit from a qualified lending institution in an amount e.cua! to the Performance Bond rec~ired. Contractor shall submi5 tc the =~ty proof of said surety bond cr letter cf cremmt upon execution of this Agreement. _~.~ ~: Contractor shall not assign this Agreement to any other persons or firm without first obtaining the city's written approval. 15. Notices: All notices, requests, consents, and other communication required or pe-~mi~ed under %his Agreement shall be in writing and shall be (as elected by the person giving such nc:ice) hand delivered by messenger or courier se-~vice, or mailed by registered or certified mail (postage prepaid) return receipt re.q~estad, addressed to: vv TO THE Cr~V: city of Sebastian AUtn: Joe! Koford, City Manager 1225 Main Street Sebastian, Florida 32958 WiTH A COPY TO: Clifton A. McC!e!iand, Jr., Esq. City Attorney c/o Potter, McC!el!and, Marks & Hea!y, P.A. Post office Box 2~23 Meibcurnef Florida 32902-2522 iSS Landscape Mana~emen~ Services, inc. 170a West North "A" Stree~ Tampa, FL 33606. ATTN: J.W. Stamps, Jr. Time: Time !imi~s stated in the Contract Documents are of ~he essence of this ~=~ ~' , Ag___me.~t. By executing this Agreement Contractor confirms uhau the contract time is a reasonable period for performing 5he Work. 17. Conflict cf ln~erest: (a) Contractor represents that it presennly has no interest and snail ac-~uire no intares%, either direct cr indirect, which would conflict in any manner with t~e performance cf se_--vices ~_qu___d hereunder, as provided bv ~aw Contractor further represents that nc person having any such interest shall be employed in merfc~--mance of the Work. (b) Contractor shall prompU!y notify the city in writing by certified mai! of all potential conflicts of interest prohibited b~ existing sta%e law involving any prospective business association, interest cr o~her circums=ance which may influence or appear to influence Contractor's judgment cr cua!i~y of se_~vices being provided hereunder. Such written notification shall identify the prospective business association, in%arest or circums%ance, the nature of work 5hat Con=rector may under~ake and request the opinion cf the city as to whether the association, interest or circumstances wcu!d, in the opinion of the City, constitute a ccnf!ict cf intares~ if en=arad into by Contractor. The city agrees to notify_ Contractor cf its oDinion by cer%ified mail within thi-~y (30) days of receip~ cf nc~ificaticn by Conurtctor. if, in the opinion of the City, the prospective business association, interest or circumstance would not constiz -_ ~ conflic~ c~ interest by Contractor, the City shall so sua=a in the notification and Contractor shall, at its option, enter into said association, interest or circumstance and it shall be deemed to be not a conflict of interest with respect to services mrovided to the City by Contractor under the te-~ms of this Agreemen=. !8 o~_~mo__anc~~ = With ~ ~uol~c=b~= r=~e~=~ Laws: Contractor shall comply with all applicable federal laws that in any way regu!aue cr impact the Work, including, but ncr limited to, The Clean Air Ac~ I42 USC §7506(c)), The Endangered Species Ac~ (16 USC §~53~,_ _ ~o~ sec.), Executive Order No. I!59~, Executive Order Nc. ~.988 Executive Order No 11990, The Fish and Wi!dl Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-52B, as amended), The Wild and Scenic Rivers Act 90-542, as amended), The Demonstration C~= and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 cf the C!aan Water Act, Execu%ive Order No. !!755, ~.~.e Civil Rights Act of !964 (DL_ 88-352) , The Age Discrimination Act (PL 94-13=), Section 13 cf 5he Federal Wa~er Pc!!uticn Con~rul Act (PL 92-~00), Executive Order NO. 11246, Executive Order No. 11625, Executive Order Nc. 12138, Executive Order Nc. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Heal Act and applicable regulations, and 5he ~mericans with Disabilities Act (PL 19. Licuidated Damaces: in ~he even~ Contractor vio!a~es cr fails to perform any orcvision cf the Contrac% Documents, then the City may elect to receive as liquidated damages the amoun~Is) specified in the Contract Documents. it is expressly acknowledged by C~nUracZor that said pa_vmenu shall not be interpreted nor consZ~aed as a pena!sy, but is in fact a good faith az~ampt ~o fix damages which ~he City will suffer in the event Con=rmc~or fails to perform as reqIuired hereunder or rio!aras any provision of the Contract Documents. 20. ~d and ?avmenn Bon~: Con~rac~or shall purchase and maintain such bid and pa.vmen~ bonds as are required by ~he City and specified in the Contract Documents. 21. Dr~g-Free Workm!ace: Contractor, in accordance with Florida Sta~u~e 287.087, hereby certifies that Ccntrmc~or does: (a) Publish a statemen~ notifying employees ~hat the unlawful manufacture, ~ '~ '~ a,s .... u~_cn, dispensing, Dcssess~on, or use of a con~rcl!ed substance is prohibited in t~e wcrkDiace and specifying the actions that will be taken against emm!cyees for violations of such prohibition. (b) Enfcrm employees about the dangers of d~ag abuse Ln t~e workD!ace, the business's Do!icy of maintaining a d~dg-free workplace, any avai!~--b!e d~ag counseling, rehabi!ztatlon, employee assistance programs and the penalties that may be imposed upon employees for drug abuse vic!aaions. (c) Give each empicyee engaged in' providing commodities or contractual services 5hat are required hereunder a copy of the statement specified in Subparagraph (a). (d) 5n the statamen~ specified in Subparagraph (a), notify the emp!cyees ~ha~, as a condition cf working cn the commodities -or contractual services that are required hereunder, the emp!cyee wi!! abide by the te-~ms of the statemen~ and wi!! notify the employer cf any conviction of, or plea of guilty cr nolo concendere to, any violation of Chapter !$9~ or of any contrc!!ed substance law of the United States or any state, for a violation occurring in the wcrkp!ace no later ~han five (5) days after such conviction. (e) impose a sanction on, or __~=~u~.-=. ___ the satisfactory. participation in a drag abuse assistance or ~ · ~ ~ ~ ~-=-ion program if such is available in the employee's community, by any employee who is so convic~ed. (f) Make a good faith effort to continue 50 maintain a drug-free workplace through imp!ementaticn cf Subparagraphs through (e). 22. P~b!ic Enti.uv crimes: (a) Contractor hereby acknowledges, represents and warrants: (i) That a "Dub!lc enti:y crime" as defined in Paregraph 287.i23(!) (g), Florida Statutes, means a violation cf any state cr federal law by a person with respect to and directly re!atad to the transact!ch cf business with any public entity cr · -~-~ . subdivision of any other state cr of ~ .... an agency or ~oii~ical ~ . the United States, including, but not !imitad to, any bid or contract for goods or services ~o be provided to any Dub!lc entity or an agency oruu_l--] '~:~.=~__ s~.~division of anv~ other s~ate or of ~he United States and involving anninrust, fraud, theft, bribery, ~_____=~_,~~ racketeering, conspiracy,_ _ cr maserial misremresenta~ion. __ c~nv_c~_on as defined in (~) That "convicted" or" ~ ~ ~ " Paragraph 257.1J3(!) <b), Florida Statutes, means a finding cf guilt cr a c~nv_c~_on pum!ic entity crime, ~ith cr ~ithout an adjudicasion of guiiu, in any federal cr s~asa trial court of record relating to char~es brought by indictment cr information after Ju!v !, 1989, as a result of a jur~i verdict, non-jury uria!, or entry of a D!ea of cu~uv or nolo contendere. (iii) That an "affiliate" as defined in Paragraph 2S7.!33(!) (a), Florida Sta=utas, means: !. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any ne=ufa! person who is active in the managemen~ of ~he entity and who has been convicted of a public entity crime. The term. "affiliate" includes those officers, directors, executives, partners, shareholders, emD!oyees, members, and agents who are active in t~e management of an affiliate. The ownership by one person of sharss cunsnitutin? a con~rc!!ing intaresz in another person, or a pooling of equipmen~ or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person consrc!s another person. A person who knowingly enters into a joint venture with a person who has been convicted of a puD!lc enCitv crime in F!crida during the preceding 36 months shall be considered an affiliate. (iv) That a "person" as defined in paragraph 287.!33(!) (e), Florida Statutes, means any naturs! person or entity organized under the laws cf any state cr cf the United Sta~es with 5he legal power to enter into a binding ccnzrac~ and which bids or applies to bid on con5racts for the provision of goods or services !e~ by a Dub!lc entity. The term "person" includes those officers, directors, executives, pa~ners, shareholders, employees, members, and agenzs who are active in management of an entity. (b) Based on information and belief, the statement which Contractor has marked be!ow is true in re!aticn tc Contractor submitting ~his sworn s~a~ement. [indicate which statement applies.] x Ne~-~ Contractor, ncr any cf' i~s of=icers, directors, executives, partners, sharehc!ders, employees, members, or agents who are active in the management of Con~ractor, ncr any affiliate of Contractor has been I0 charged with and convicted of a public enti='v crime subsequen~ uo July i, 1989. Cuntractur, or one or more of,~=~- officers, directors, executives, pa-~ners, sharehc!ders, empicyees, members, cr agents who are active in =he management cf contractor, or an affiliate cf Contractor has been char~ed with and convicted of a uubiic entity crime subsequent to Ju!v ~ 1989 = its o~ficers, Contractor, or one or more c= directors, executives, partners, sharehc!ders, employees, members, or agents who are active in =he management of Contractor, or an affiliate of Ccn=rac~or has been char~ed with and convicted of a public entity crime subsequent to July !, 1989. However, there has been a subsequent proceeding before a Hearing officer of the State of Florida, Division of Adminis=rative Hearings and the Final Order entered by the Hearing officer detarm, ined tha~ it was not in the public interas~ ~o u!ace Contractor on the convicted vendor list. [Attach a copy of the final order.] (c) CONTRACTOR UNDERSTAi~DS TEAT TEE AC.XlgOWL~DGM~NTS, REPRESEnTATiONS A/~D ~AR!LA19~.IES M_~DE i~ THiS PA~G~H 2! TO THE CITY ~E .FOR THE CITY ONLY ~, TF~T SUCH AC~NOWLEDGY~NTS, ~SE~ATIONS ~ 'W~IES ~ ~iD T~OUGH DECEY~ER 3! OF THE C~LENDAR YEAR IN ~iCH THIS AGREEMENT iS EXECUTED. I~ T~E E~NT ~ TE~ OF THiS AG~EN~ S~LL EXTE~ BEYO~ T~ CALE~ YEE iN ~ICH IT WAS EXECUTED, CONT~CTOR $~LL EXECUTE ~D SUBMIT TO THE CITY A ~W SWO~N STATEN~ ~ER SECTION 287.!33, FLORIDA STATUTES, ON PUBLIC E~T!TY CRIMES, FO~M PUR. 7068, AS REVISED FROM TIY~ TO T!~E. CONT~CTOR ALSO UNDERST~DS T~T CONT~CTOR iS KEQUi~D TO I~O~ EE CITY PRIOR TO E~TERI~G iNTO A CONTACT iN EXCESS OF THE T~SHOLD ~0~ PROVIDED I~ SECTION 287.0!7, FLORIDA STATUTES FOR C~TEGORY TWO OF ~Y C~GE IN THE INFOneT!ON CONTRiNED IN THiS ?~G~PH 21. !0. Entire and Sole ~c~==m Except as spec_=_c,__y stated herein, the Contract Documents constitute uhe attire agreement between the ua_~ies and supersede al! agreements, represennations, warranties, ore,amen%s, ~romises and understandings not specifically set forth in the Contract Documents. Neither par~y has in any way relied, ncr shall in any way rely, upon any cra! cr w~=t=. __ _n agreements! representations,~ warranties , statements, mromisas cr understandings not sDecifica!iy se~ forth in the Con=tact Documents. !!. Successor5 and Assicns: Except as otherwise mrmvided in the Contract Documents, all covenants and agreements cf the Dar~ies contained in 5he Contract Documents shall be binding upon and inure the Denefit cf the respective successors and assigns of ~he par~ies. 12. A~Ccrnev's Fees: Zn 5he event cf any action, proceeding, suit' cr claim is .~ed,__ _n_~ ~ated~_ cr maintained to enforce any. of ~he provisions cf ~ke Contract Documents, ~he prevailing par~y shall, in addition ~o ~=~=~ to which it is otherwise entitled, be entitled to recover such further amounts, tc 5he extan~ lawful, as shall be sufficien~ ~o pay the cost and expenses of enforcement, including reasonable a~torney's fees, bo~h a~ trial and ali appellate levels. 13. Remedies: No remedy herein c~nferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 14. Governinc Law: The Contrac~ Documents shall be ccnst~aed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action uursuann to the Contract DccumenUs shall be in indian River County, Florida. !5. ~=mendmen~s: Neither the Contract Documents nor any thereof may be changed, waived, discharged or Ue_~m. ina~ed ors!fy, except bv an instrumen~ in writing signed bv ~he party against which enforcemen~ cf the change, waiver, discharge or termination is sough~. 16. ~: The failure of any cf the parties a= any ~ime to ~=~u~-e merformance cf any provision of the Contr~c~ Documents shall in no manner affect the right of such pa~v at any later time ~c enforce or reqfuire the same unless waived in writing. Nc waiver by any par~y of any condition or breach shall be construed or deemed to be a waiver of any osher ccndiuicn cr any o~her breach of any te_~m, covenant or warranty contained in ~he Contract Documents. 17. ~: in the event of any c~nf!ict between the provisions of this Agreement and any attachments or addendums hereto, 5he provisions of this Agreement shall Drove{~ !2 m m iN WITNESS WHEREOF, mhe Cisy has hereunn~ subscribed and Contractor has affixed his, its, or mheir names ~r i !,,z/..l~,~.'...' /....,.~.:.~/t~,.,~ ~y.~ · ~ ~'/~ ? · ~' "/f~ -c " " / · CMC/~, City Clerk Name: Arthur  - aa?Or  Ti~le:~ ~ si~ned, sea~ed an~ de!iver~d CONT~CTOR: · ~ in ~he presence I ,' ,- ':: .... ', '-- :/ I The ~egcin~ insolent w~s ac~ow!ed~E ~f~ m ~'~ of tlne CITY OF beha!f'"0f ~ CITY OF SEBASTI~=N. He/she is ~: , printed Name: I SV. BASTi.~N L.Firtion Expires: Services, INc. SEBASTI~N, FLORIDA, on DersoDai!v known to me., identificaticn. Printed Name: / ~/0 Commission NumDer: STATE OF FLORIDA COUNTY OF iNDiAN RIVER The foregoing insn_--amenu was ack~ncw!.~dged before me this 16th !ay cf September , 1994, bv ~.W. Stamps, Jr. as - President cf iSS L~=NDSCAPE M_ANAGEMENT SERVICES, iNC., on behalf cf C0NT2ACTOR. h~e/she is Derscna!!y k_no _wn to me or produced identificaSion. ............. GLORIA .IEAN GDNZAL.~ _~ COMMISSION # CC 35951 ',;,~.a,~.~" EXPIRES MAR 27,1998 o~-~ Name: h'>~' r~ ~:. ~'~. '~J Commission NurSer:..",?, 7~ ~?"t2:"..2~ My co~issicn Expires: t-ii,toff k. McClli!an~,~ Jr. City Attorney 14 DRUG- F?.Ei WCP~K2T-~-CE FCP~- The uncers.~e- v~nn,~_, i~S Landscape Management Se~zces, ~ ~ ~--~---- -- · ' --- --4 1 q ~ ~=~ _ __ ~,.~ -~= dance~s cf d~ag abuse in the , - =mu~c%eo assistance or~r~ms and ~he Dena!ties nhan may be lmpcse= upu~ =~-~- . - abuse vicla:Icns- - ' ~ve each employee engag~a =~ ~-~7-~'~ - coDY of the s~atamen~ spec!zle= !n pa.~grspn !. , . . . - ~ ~ C~ ~V the =m~!ov--s -- ' ..... ~-~ 5ha= are 5 ~muose a sanctlon on, u_ ' -'~i.~ =ss~ S~= ncc or emu!ovee ' s community, by any convicted. . . - =a~t~ ===~ to c~nt~nue to maintain a drug- =-== wcrku!ace 5brough ~mp!emenna~un .... Uhrough 5. , - ~ -~ ~ cerzifY Da~. 9/16/9 PUBliC ~N~v--..._ CRZMES }=nv :erson s~bmiutinc. -: ~acua, ~___, or ~DruDcsa!. in response Tu _nv .... ~on cr a contract, must execute the enclosed form PLrR. 7069, s~orn s~atament under sec~!cn 2S~, .123(3)(a), FLOR/DA S~':=.?U~=:_S, ON PUBLIC =Nmm~v ~?~!.'~--S including urooer check {s ) , ....... n ~he space(s) provided, and enc!cse it with his cuote, bid, cr propcsa!, if you are submittinc a ~ac~e, bid cr propcsa! cn behalf of dealers cr suppliers who will ship commodities and receive pa_~enu frum the resu!tinc ccnnruc~, i: is your resDonsib~ ~u,; to see tha~ coDy(les) cf uhe fc~ are executed by them and-r- = = included wi~h .your ~o~a. , ula,' ' ' cr Drcucsa!_ . Csrrecnions ~o fc~ will non be a!!cwed after ~he ~cna, bid, or propose! opening and data Failure %0 csmD!e~a zhis fo~ in every detail and sunmi: with your ~cue, x~ - . in -.c, or prupcsa! may result /~ediats dis~a!ificanion of your bid or propose!. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 257.152 - 122, F!crida Sta=u~es, effac~ive July !, 1989. Section 257.132(3) (dj, F!crida Statu~es, reqluires ~:~e Florida DeDa-~men~ of Genera! Services ~o maintain and make available t~ o~her pc!itica! entities a "convicted vendor" list consisting of persons and affi!ia~as who are dis~-ua!ified from public contracting and purchasing process because they have been found guilty cf a Dub!lc entity crime. A Dub!lc entity crime is described by Sec=ion 287.133, Florida Statutes, as a vic!at!on of.any -~=~=-'-~- or Federal law bv~ a ~erson with respect to and d~=c-:v___ ._. reiatad t~_ the transaction cf business with any public enniTv in F!crida or wi~h an agency or pc!itica! s-~bdivision of any o~er state or with the United States, including, but not limited to, any bid cr contract for goods or services ~o be provided ~c any public en=iuy or with an agency or pcli~ica! s~bdivision and involving antitrdst, fraud, theft, ~~ . _ material ...... :, co!!usicn, racketeering, conspiracy, or Bv law nc ~ub__.c entity shall acceDu any bid from, award anv contr.=-c~ ~-~, cr ~r-~-nsact any. business in excess cf the ~hreshc!d amcunt provided in Section 287.0!7, F!crida Statutes, for category (currently $'0 000) -with any person cr affiiiata on the convicted vendor list for a period of 36 months from the date tha~ person or affi!iata w-as placed on the convicted vendor list unless :hat person or affiliate has been removed from the list pursuan~ ~c Section 287 Florida Sta~u%as. Therefore effective October ~ '9~0, Dricr to entarinc into ~ con~ract (form_a! ccntrac~ cr purchase order) in excess of the threshold amount of $!0,000 Ts provide gocds or services to .~?~ CITY oF SEBAOTIA/{, a Person shall ~ a swc_n statement ~ ~ . ---- ~ w_=,. the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit w~ ...... be 5~= fo.~m to be "-~ ~zed=~_._ and must be .uroeer!v_ . sicned~ in tco.._ presence cf a notary uubiic or other of~{~=~ authorized to administer oaths and prcper!y executed. TH~. iNCLUSION OF Ti!E SWORN STATEMENT QR AFT-_ DAVit SHALL BE ~ r.~ .OUR 0UO~ .Q.R.~.iD DOCUMENTS. NON-~C.L~JSiON SUcH .... D CONCURRE~LY WiTH v - ~ . - ~ ~ OF T~DocuHENT H~v NECESSITATE R~C._ON OF YOUR OUOTE OR BID i I I i I I I I I I I I I i I I i i I i I I I I I UNDER SECTION 287.!33 (3) (a) , =Xl,'~-r my CRZiv~__~ S $TATUTES, ON PUBLIC A NOT-i-KY PUBLIC THiS FOR/~- ..US~ BE SIG~D !_N ~=E P~SENCE OF OTHER OFFICER AUT?iORiZED TO ~iNZETER OATHS. i This sworn statement Ls s'~m!~e- ~ ...... · GoAl Course Main5. =~ ~HE CiTY OF SEBAST~=N- ~. _h_s sworn - (name cf - Landscape Managemenu SE~ices, enUiUv submzu~ing sworn stztamenu) whose business address !70a W%sU Noruh "A" Street, Tampa, ~ 33606 and ~ auu!iczb!e) lus Federz! Employer idennificzUicn (FEi~) 3~/31ff601 (if ~e en~ity has no FEiN, include the social Securluy Muter cf Ui~e individual sicninq this sworn ~ .) (U~ ease My name is 3.W. S~amps~ Jr. -- print name cf individual signing) and my relationship to the entity named abcve is Rresident of LSS Landscape Management SedUces, INc. i understand than a "nub!lc enuin¥ crime" as defined in Da~acrauh 287 ~22(!) (g), F~c~ida Statutes, means a violation .- - - ~o and = ~=~= cr federal ~= by a Der~on with respect o~ any -'-'- cf business with any c ...... Y re!a~ad to ~he nransac%ion public entity or with an agency or political subdivision of any o~ner snare cr with ~ne United States, including, bu% not - ~4 ~ o~ contract for coods or sa~¢ices ~o be !imitad to, any tub!lc entity or an agency cr pc!i~ica! provided u~ any . subdivision of any c~her stale or cf the United States and involving antitrust, fraud, theft, bribery_, co!!usicn, r~cketeering, ccnsp__-cf, cr mat___a- .'~s-=u~=se~tati°n' i understand than ,,convicted" cr ,,conviction" as defined in Paragraph 2S?.!3S<!) (b), =!crida Statu~s, means a finding cf guilt cr a conviction of a public entity crime, wish or ~ithout an adjudication cf cui!t, in any federal or state trial cou-~-~ of reccr~ relating to charges brcugh~ by indictment or information after July !, 1989, as a result of a jury verdict, ncnju~/ trial, cr en~3 of a plea cf guilty or r undermUand %hat an ,,affi!iaue" as defined in paragraph 287.!23(!) (a) , F!crid~ .Statutes, means: predecessor cr successor cf a person convicted of a public entity crime; or (2) An entity ~nder ~he con,roi cf any natural person who is active in the manacemenu of the en~itv and who has been ~ .. - ,,affiliate" ~nv~c~~ of a ~um~_c entz~v crime. The term ...... ~artners, Lnc!udes %hose ~==~ o~ , directors, executives, _ s~-a_enc_~e~s, employees, the management cf an affiiia~a. The ownership by cna person cf shares constituting a ~on~, .... ng in~erest in another person, cra pociing cf equiDmen~ cr income among persons when nc~ for fair marke~ value under an arm's length agreement, ska!! De a ~rima fac!e case that cna person ccn~ro!$ another person. A person wnc l~nc~ingly enters into a joint venture wi~ a person who has been convicted cf a public entity crime in Florida ~,~c_~ .... = ~%e _~recsdin~ ~6 months shall be considered i unders=and mha~ a "person" as do fined in D=~=c-~Dh 2S7.!32(i) (e) ~ F!crida S~amu~e~, means any nature! person or entity organized under ~e laws of any state or of ~he United S~atas with ~he legal power to enter in~o a binding contrac~ and which bids or applies to bid on contracts for the provision cf goods or saw, ices !e~ by a public entity, or which onhe~ise transacts or applies ts ~ransact business with a public en~i~y. The ~e_~m "person" includes ~hose officers, direcnors, executives, partners, sharehc!ders, employees, members, and agents who are active in manaqemen~ of an an=i~y. Based on information and be3~=~, the suatemen= which r have marked be!ow is ~ae in relation mu ~he en~ity submitting L%is sworn snauamen~. (Please indicate which statamen~ applies.) x Neither ~ne entity s'~bmi~Cing this sworn s~atamen=, nor any officers, directors, execu=ives, par%nero, sharehciders, employees, members, cr agenns who are active in management of ~he entity, ncr any affi!iata of the en~itv, have been char~ed wi~h and convicted cf a public entity crime subsa.cuent to July ~ !989 ~ en~itv submitting this s~crn statement, cr one or more of the officers, directors, execunives, pa~ners, shareholders, emp!uyees, members cr agents who are ac~ive in management of the entity, cr an affiliate of the entity has been charged with and ccnvicned cf a public entity crime subse.?uenn to July !, 1989, AND <Please indicate which addi~icna! sta~emenn applies.) I I I I i I I I I I i I ~e~n a . ____rig concerning the conviction before a ~ =~ officer of the State .of F!crida, Division of A~inisur=uive Hearings. The final ~=~ entered bv the ~ ~-~ lace ..... ~ person or affiliate cn Uhe conviczed vendor {Please atnach a copy of the final order.) I I The person or ___~ ..... was c!aced cn ~e convicted vendor !is~. There has been a subsecuent proceeding ............... cf Sta~e of Florida Division of Administrative Hearincs~ . ~he~ =_na~=~ ~ order e~=~=~ bv the hearing ~=~ =~ =tm- ~ne~ that ~- o_~_c~_ de~ in ~=~--- ~u~i'--- ~ interest ~o remcve t~=.._ perscn or affiliate i I I I ~2~e final crier.) · . ' ~ia~ed on ~he person c.r afl!llama nas ncc peen ~icn ~v~ c-~ ve~= ~- % .... ~ ~- -- __ - ./. Da~: Se~'~ember t6, S~AT! OF FLORIDA COb-NTY OF Hillsborough mN foregoing ins~_-~L~enC was ac~ncw!edged befor=- me this 16~h !99~ bv j.W S ~amps day of September , . ~ . Presiden~ (~it!a) on behalf of ISS (name of partnershiP), a partnership- He/she is Dersona!!V k~nown - - . ' "' and to me or has ~ruduced L~_.:.-:~-~ ...... ,~ ~.~.,~, as iden~ifica~!on did ( ) did non (~<~ -" ~ " GLORIA JEAN GONZALEZ I I i City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: RESOLUTION NO. R-95-24 ADOPTION OF NATIVE TREE LIST Approved For Submittal By: City Manager %v~// Agenda Number: Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: I. 10 17/95 10/25/95 Resolution R-95-24 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On February 22, 1995, City Council adopted Ordinance 0-95-01 pertaining to tree protection in the City of Sebastian. Section 20A-14.12(6) requires at least 50% of all new required trees to be of native species. Therefore, it will be necessary to adopt, by resolution, a list of native trees for the City of Sebastian. Staff has obtained several versions of a native tree list from various sources. The list which is presented in Resolution R-95-24 has been compiled by Janice Broda, President of the Eugenia Chapter of the Florida Native Plant Society and includes input from the local chapter members. The list was also reviewed by David Pain (President of the state-wide Florida Native Plant Society), Richard Moyroud (a local nursery owner), and Alan McCarthy, a landscaper. RECOMMENDED ACTION Move to adopt Resolution No. R-95-24. RESOLUTION NO. R-95-24 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article X!V of the Land Development Code of the City of Sebastian pertaining to tree protection was amended by City Council on February 22, 1995; and WHEREAS, Section 20A-14.12(6) of the tree protection ordinance requires at least 50% of all new trees to be of native species; and WHEREAS, the City of Sebastian wishes to establish a list of trees native to Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. NATIVE TREE LIST: The trees listed on the attached "Exhibit A" shall be considered native to Indian River County. SECTION 2. CONFLICT: Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY: In the event a court of competent jurisdiction shall hold or de5ermine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it !be presumed that the City of Council of the C!ty of i I I i I I I I I I I I I i I I I I I ! I I I I I I I I I I I I I I I i Sebastian did not intend to enact such tnvatid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remaLnder of this Resolution without such invalid and unconstitutlona= 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. The foregoing Resolution was moved for adoption by The motion was and, upon councilmember seconded by Councilmember being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn corum councilmember Norma J. Damp councilmember Louise R. Cartwright councilmember Raymond W. Halloran This Resolution was duly passed and adopted by the City council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of , 1995. CITY OF SEBASTIAN, FLORIDA by: Arthur L. Firtzon, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Cllfton A. McClelland--~jr. City Attorney I I I I I I i I i I i I I I i I I I I I I I I i I I I I I I I I i I I I List of Trees Native to Indian River County Compiled by the Eugenia Chapter of the Florida Native Plant Society First draft: August 20, 1995 Page 1 Red Maple Indigo-bush Torchwood Pond Apple Marlberry Flag Pawpaw pawpaw Black Mangrove Common Saltbush Saffron Plum Toagh Buck'tAom Gumbo Limbo Jamaica Caper Limber Caper Papaya Water Hickory Scrub Hickory Pignut Hickory Sugarberry Burtonbush Coco Plum $aunleaf Fiddlewood Pigeon Plum Sea Grape Buttonwood Flowering Dogwood Persimmon Cherokee Bean White stopper Spamsh Stopper Strangler Fig Florida Privet Pop Ash Loblolly Bay Wild Cotton Dahoon Holly Yaupon Holly Black Ironwood White Mangrove Sweet Gum Ruse Lyoma Southern Magnolia Sweetbay Acer rubrum Y Amorpha fruticosa Y Amyris etemifera y t Annona gtabm Y Ardisia escallonioides y t Asimina obovara Y Asimina rdloba Y Avicermia germinans Y Baccharis h~limifolia Y Bumelia celastrma Y Bumelia tenax Y Bursera simaruba Y Capparis cynophallophora Y Capparis flexuosa Y Carica papaya Y Carya aquatica Y Carya floridana Y Carya glabra Y Celtis laevigam Y Cephalanthus occidentatis Y Chrysobalanus icaco Y Ckrysophyllum oliviforme Y Citharexylum fruricosum Y Coccoloba diver.qifolia Y Coccoloba uvifera Y Conocarpus erecms Y Comus florida Y Diospyros virginiana Y Eryrhrina herbat:ea Y Eugenia axillaris Y Eugenia foetida Y Ficus aurea Y Foresriera segregata Y Fraxinus carolimana Y Oordonia liasianthus Y Gos .sypium hirsumrn Y Ilex cassine Y Ilex vomkoria Y Krugiedendron ferreum Y Laguncularia racemosa Y Liquidambar srvraciflua Y Lyonia fermginea Y Magnolia gandiflora Y Mag~nolia virginiana Y Short-lived. Nor usually a tree. List of Trees Native to Indian River County Page 2 Mastic Florida Mayten Red Mulberry Twinberry Stbpper Simpson's Stopper Wax Myrtle Odorless Bayberry Myrsme Lancewood Water Tupelo Wild Olive Scrub Wild Olive Red Bay Swamp Bay Sand Pine Slash Pine Longleal'Pine Blolly Cherry Laurel West Indian Cherry Laurel Black Cherry Sand Live Oak Turkey Oak Swamp Laurel Oak Myrtle Oak Live Oak Red Mangrove Winged Sumac Florida Royal Palm Cabbage Palm Florida Willow Elderbery Whitewood Saw palmetto Bay Cedar Pond Cypress Bald Cypress Brittle Thatch Palm Florida Thatch Palm Sparkleberry Tallow-wood Hercules Club Wild Lime Masrichodendron foetidissimum y Maytenus phyllamhoides y Moms rubra y Myrcianthes fragrans y Myrcianthes simpson.ii y Myrica ceri£era y Myr/ca inodora Y Myrsine gu/anensis y Nectandra coriacea y Nyssa un/flora y Osmanthus americanus y Osmanthus megacarpus y Persea borbonia y Persea palustris y Pinus ctausa Y Pinus elliottii y Pinus palustris y Pison/a discolor y Prunus carolin/ana y Prunus myrtffolia y Prunus serotina y Quercus geminam y Quercus laevis y Quercus laurifolia y Quercus myrtifolia y. Quercus virgmiana y Rhizophora mangle y R.hus ¢opallina y Roystonea elam y Sabal palmetto y Salix floridana y Sambucus canadensis y Schoepfia chrysophyiloides y Serenoa repens y Suriana maxima y Taxodium ascendens y Taxodium distichum y Thrinax momsii y Thrmax radiam y Vaccinium arboreum y Ximenia americana y Zanthoxylum ctava-herculis y Zanthoxylum fagara y tropical - likely to be damaged by freezing temperatures I I I I I I I I I I I I I I I I i I