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Home My WebLink About11091994City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5.'.'.'.'.'.'.'.330 a FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL I REGULAR MEETING WEDNESDAY, NOVEMBER 9, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS i 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the C3ty Council with respect to agenda items immediately prior to deliberation of the item by the ~ry council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Donald Swope, Sebastian Presbyterian Church 4. ROLL CALL 5. AGENDA MODIFICATIONS ,,(ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6o PROCLAMATIONS AND/OR ANNOUNCEMENTS 94.272 PG i Proclamation - "Neighborhood Clean-Up Day" - Sebastian~ Women,s Club - 12/10/94 - Alice Russell Accepting PGS 3-21 94.224 PGS 23-26 94.273/ 94.245 PGS 27-31 7. PUBLIC ~ ~ ~CTION - None $. I~ODUCTiON OF NEW u~~ By TH~ P__U~.(Which is Not otherwise on t~e Agenda - By Resolution No R-93-19 i L~mit of Ten Mlnutes for Each Speaker) Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. ae Be Approval of Minutes - 10/26/94 Regular Meeting, 11/2/94 Workshop I ~ No. R-94-59 - Sebastian Inlet Marina and Trading Company - Special Use Permit - Captain Hiram's Miniature Golf Course (Director of Community Development Transmittal dated 10/31/94, R-94-59) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO THE SEBASTIAN INLET MARINA AND TRADING COMPANY TO CONSTRUCT AN EIGHTEEN HOLE MINIATURE GOLF COURSE ON APPROXIMATELY TWENTY THOUSAND SQUARE FEET OF LAND AT NORTH INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA, 1606 32955;~ FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. C. ~ N~. R- 4~ - Barnett Bank Corporate Resolution for Payroll Imprest Fund (Finance Director Transmittal dated 11/2/94, R-94-60 w/Exhibit Corporate Resolution) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, A BARNETT BANK CORPORATE RESOLUTION FOR THE PURPOSE OF PROVIDING A PAYROLL IMPREST BANK ACCOUNT FOR THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 94.274/ 93.129 PGS 33-40 Resolution ~ R-94-61 - Amending Treasure Coast Council of Local Government Membership (City Clerk Transmittal dated 11/2/94, R-94-61, Joint Resolution, Braisted Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-93-15 WHICH AUTHORIZED COMBINING WITH CERTAIN OTHER GOVERNMENTAL UNITS TO FORM A COUNCIL OF LOCAL GOVERNMENTS PURSUANT TO SECTION 163.02, FLORIDA STATUTES; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE JOINT RESOLUTION, ATTACHED AS EXHIBIT "A" AMENDING THE PRIOR JOINT RESOLUTION TO ADMIT THREE NEW MEMBERS TO i THE "TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR i SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 94.275/ E. Bid Award - Groundwater Cleanup for Central 93.140 Garage - ViroGroup - Low Bid - $60,369.00 I PGS 41-67 (Director of Community Development Transmittal dated 11/2/94, Bid Tabulation, Bid Specs, DEP Letter, Contract) I 94.087/ F. Yacht Club Pier Modification Bids - Reject Ail 93.119 Bids and Rebid Project (City Manager Transmittal i PG 69 dated 11/1/94) 94.276 G. Sweet Pea Pageants - Request Use of Riverview PGS 71-72 Park - 1/14/95 - 9 am to 2 pm - Use of I Electricity - Standard Conditions (Director of Community Development Transmittal dated 10/27/94, Doane Letter) I 10. PRESENTATIONS 94.277 11. 12. 13. A. Craft Club of Sebastian - Presentation of $500 Check to City - Riverview Park Restrooms - Velita Brooks COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS - None NEW BUSINESS 94.278/ 90.018 PGS 73-92 Revised Golf Course Lease Agreement - DTF, Inc. (Finance Director Transmittal dated 10/31/94, Proposed Agreement) 3 94.188 PGS 93-96 ~eso~ution NO- R-94-6~ - Uniform Fee for Building Permits - Canceling Waivers (City Manager Transmittal dated 11/3/94, R-94-62) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GOVERNING THE ISSUANCE OF BUILDING PERMITS; PROVIDING FOR UNIFORM APPLICATION OF THE FEE SCHEDULE TO APPLiCANTS FOR PERMITS; CANCELING ANY WAIVERS OR REDUCTION FOR RELIGIOUS OR NON-PROFIT ORGANIZATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 14. K TTEaS A. Mrs. Norma Damp B. Mr. Robert Freeland C. Mr. Frank Oberbeck D. Mayor Arthur Firtion E. Vice-Mayor Carolyn Corum 15. CITY ATTORNEY F, ATTERS 16. ANaGER MATTERS 17. ADJOURN ANY PERSON WHO.DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANYMATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 4 WHEREAS, Sebastian ks considered to be the treasure of the Treasure Coast by ~ts residents; and , ~he ~&sidents of Sebastian don't want the beauty of spoiled by carelessly dropped litter; and WHEREAS, The residents of Sebastian want to be able toexhibit the pride of living in a clean and besutiful city, and WHEREAS, The children of Sebastian deserve to be nourished in their growth by living ~n a clean, l~tter-free environment; and WHEREAS, The Sebastian Women's Club feels clean neighborhoods make a clean city and wishes to promote a clean and litter free city; and ' WHEREAS, wi~h the cooperation of all citizens a clean and litter- free Sebastian can be a fact rather than a wish. NOW THEREFORE, I, Arthur Firtion, by virtue of the authority vested in me as Mayor of the city of Sebastian, Florida, do hereby proclaim December 10, 1994, to be a city-wide "Neighborhood Clean-up Day." I ask all residents on that day to walk around their house, their bueiness, their block; to be a good neighbor and pick up any litter that may be on vacant lots or in front of unoccupied houses. IN WITNESS WHEREOF, ! have hereunto set my hand and affixed the seal of the City of Sebastian this 9th day of November, 1994. ATTEST: Arthur L. Firt~on, Mayor Kathryn M. O'Halloran,'Ci~y Clerk City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 26, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTiAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R~93-19) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. No invocation was given. 4. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: city Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Deputy City Clerk, Sally Maio Jr. Regular city Council Meeting October 26, 1994 Page Two 94.251 94.021 5. AGENDA MODIFICATION~ (ADDITIONS ~ DELETIONS} - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). MOTION by Damp/Firtion I move to add to the agenda to review the Cancer Society walk-a-thon and closure of Indian River Drive. Mr. Freeland inquired whether this was an emergency. Mrs. Damp said time was of the essence for planning. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 The item was placed as Old Business item C. 6. pROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Veterans of ~ Wars ~ Post %0~10 ~ Buddy~ Days ~ November 4 andS. 1994 ~ J.Qhn ~ Acceptinq Mayor Firtion read and presented the proclamation to John O'Neill. Mr. O'Neill introduced members Gladys Fluch and Charlie Long and invited all to attend a Sebastian River High School d&dication on October 30. 7. PUBLIC HEARINGa FIN~%L ~ ae QRDIN~NCE NO. 0-94-10 - Trinity Lutheran Church - Abandonment of Right-of-Way (Director of Community Development Transmittal dated 10/20/94, O-94-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, ABANDONING A PORTION OF THE ROAD RIGHT-OF-WAY FOR SCHUMANN DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting October 26, 1994 Page Three 94.252 The city Attorney read Ordinance No. O-94-10 by title only, Mayor Firtion opened the public hearing at 7:10 p.m. and, being no input, he closed it. MOTION by Freeland/Oberbeck I move to approve Ordinance No. O-94-10. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 INTRODUCTION OF NEW BUSINESS BY THE PUBL~ (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) A1 Goelz, 1618 Seahouse Street, Sebastian, presented photographs to City Council and Public Works Director, Jerry Thomas in honor of the October 19, 1994 completion of the Seahouse ditch project. Wally Kramer, Micco, reported on a meeting held at the North County library relative to the Riverfront. Virgina King, John Malek, Daisy Knowles, Dot Judah, and Carlene Allen requested to speak on the item for the American Cancer Society. Thomas Wojciekowski, 425 Peterson Street, Sebastian, discussed water and sewer, Golf Course costs, and invited all to attend a golf course tournament. 9. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 10/12/94 Regular Meeting Traffic Signal Maintenance Agreement with Indian River County (City Manager Transmittal dated 10/17/94, Proposed Agreement) 3 Regular city Council Meeting October 26, 1994 Page Four 94.210 C. 94.253 D. 94.254 E. Seahouse Ditch - JoBear, Inc. - Approve Change Order $1 - Authorize Payment of $1,416 (Engineering/Public Works Transmittal dated 10/19/94, JoBear Letter) Purchase Two Dump Trucks F700 and BBC Tandem - State Contract 070-700-450 Price - Atlantic Ford Truck Sales - $78,276.00 (Engineering/Public Works Transmittal dated 10/18/94, Atlantic Quote) Barbara Schardt - Request Use of Community Center - Scott Family Benefit Fish Fry - 11/5/94 - Noon to 6:00 p.m. - $5.00 Donation - A/B - Permittee DOB 9/30/53 - Security Pd. (City Clerk Transmittal dated 10/17/94, Application) The Cit~ Manager read the consent agenda in its entirety. Mr. Oberbeck removed item A. MOTION by Corum/Freeland i move the approval of B, C, D and E of the consent agenda. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 A. A r_A~ of Minutes Mr. Oberbeck inquired what the plaque that Mrs. Damp will send to the former city Manager will say. Mrs. Damp said it has not been sent. MOTION by Oberbeck/Freeland I'd move for the approval of item A. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Regular city Council Meeting October 26, 1994 Page Five 94.255 94.256 10. PRESeNTaTIONS 11. None. COMMITTE~ ~,~PORTS/RECOMMEND~TIONS CONSTRUCTION BO%RD (Director of Community Development Transmittal dated 10/17/94, City Clerk Memo dated 10/18/94, Applications) 1. Reappoint ~ ~mi.th as Reqular Member - Three ~ear HARV Position - ~ 9/30/97 MOTION by Oberbeck/Freeland I would move for the reappointment of Truman Smith as a regular member to serve three years in the.HARV position to expire 9/30/97. The City Clerk said no other applications were received for these positions. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Reappoint ~ Mosbv as Regu~9~ Member - ~ Year ~ position - ~ MOTION by Oberbeck/Freeland I would move to reappoint Randy Mosby as a regular member representing the engineering position to expire 9/30/97. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Regular City Council Meeting October 26, 1994 Page Six 94.257 94.258 94.259 3. Reappoint Keith Miller as ReaulaF Concerned ~ Position ~ Exp%res ~ MOTION by Oberbeck/Damp I would move to reappoint Keith Miller as regular concerned citizen position to expire 9/30/97. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 .~ Thomas ~ as Regular Member to ~ M~hael CaD~ ~ ~ Year ReGular Position z ~ 9/30/97 MOTION by Oberbeck/Corum I would move to appoint Thomas Cecrle to regular member to replace Michael Capp, three year regular position to expire 9/30/97. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Appoint ~ Messiha as Alternate Member ~ cgnqerDe.~ citizen - New Position - Expires 9/30/97 MOTION by Corum/Oberbeck I move to appoint Nicholas Messina as alternate member in the concerned citizen position to expire 9/30/97. Mr. Oberbeck expressed concern for the lack of Florida drivers license. 6 Regular city Council Meeting October 26, 1994 Page Seven ROLL CALL: Mr. oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 12. OLD BUSINESS 94.239 A. RESOLUTION NO. R-94-50 - Use of Community Center, Yacht Club, Council Chambers (city Clerk Transmittal dated 10/20/94, R-94-50) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR THE USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-50 by title only. Sal Neglia, 461 Georgia Boulevard, Sebastian, requested the use of the Council Chambers for the property owners next meeting. Harry Thomas, 654 Balboa Street, Sebastian, said the property owners sought legal counsel and, in counsel's opinion, the land sales document is binding and requested that the item be removed from the agenda. The city Attorney said the final order contains fairly ambiguous language and does not pertain to use of the Council Chambers, said that minutes from the time of transfer of the Yacht Club offer very little clarification, advised that cities are prohibited from entering into agreements that exist in perpetuity, said the 6/4/86 minutes reflect a decision not to charge the property owners a rental fee at the Yacht Club, and suggested that a reasonable interpretation of the order, although the document can't bind the city forever, would be to permit the property owners association to use the Yacht Club as in the past for its meetings for a reasonable period. 7 Regular City Council Meeting October 26, 1994 Page Eight MOTION by Freeland/Oberbeck I'd move to adopt Resolution No. R-94-50 effective November 8, 1994 with modification to Section 4 on the Sebastian Yacht Club rates to read "the exemption to the Sebastian Property Owners Association to continue as it has in the past". Mrs. Corum asked "Which is once a month?", and Mr. Freeland said yes. Mr. Oberbeck suggested allowing the property owners to use the Community Center due its size and representation of the citizens of Sebastian. Following some discussion, Mrs. Corum said the motion was open ended and inquired how many times they would be allowed to use the facility. Mr. Oberbeck suggested the motion be withdrawn and suggested giving the property owners use of the Yacht Club once per month and the Community Center once per month. The city Attorney said interpretation of "prior use as in the past" should be determined by the City Clerk, and the City Clerk said the group used the Yacht Club twice per month until such time as the group became too large for membership meetings, therefore, her interpretation is "twice per month". ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland '- aye Mr. Oberbeck - aye MOTION CARRIED 5-0 94.227 B. Cra~_~ ~ of Sebastian z Riverview Park Use ~Citv Clerk Transmittal dated 10~ ~ Letters dated 10/5/94 ~nd ~ ~ Minutes,. Donations ~ Velita Brooks, 1671 Seahouse Street, Sebastian; and TAPE I - SIDE II (7:47 p.m.) Kathy Staab, 1350 28th Avenue, Vero Beach, each representing the Craft Club, addressed city council. Regular city Council Meeting October 26, 1994 Page Nine MOTION by Damp/Freeland I make a motion that we grant the extra day of December 4, 1994 and also grant the three dates for 1995 with raindates. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Mayor Firtion called recess at 7:57 p.m. and reconvened the meeting at 8:03 p.m. Ail members were present. old American Cancer ~ - Request Use of Riverview Par~ = ~ ~onq-A-Thon - 11/5/94 - ~lose ~ River Drive Virginia King, 375 Manley Avenue, Sebastian, Chamber of Commerce; John Malek, 343 Concord Avenue, Sebastian, representing March of Dimes and 4th of July Committee; Daisy Knowles, Board Member of American Cancer Society; and Dot Judah, Sebastian, American Cancer Society, urged approval. MOTION by Damp/Firtion I make a motion that we grant the walk-a-thon for the Cancer Society, the request as given on 10/12/94. A lengthy City Council discussion followed. ROLL CALL: Mrs. Damp - aye Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - aye Mrs. Corum - nay MOTION FAILED 3-2 (Freeland, Oberbeck, Corum - nay) 13o NEW BUSINESS 9 Regular City Council Meeting October 26, 1994 Page Ten 94.248 A. ORDINANC..~ NO. ~ 13 - Airport Rezoning (Director of Community Development Transmittal dated 10/20/94, 0-94-~13) 1st Reading, Set P~blic Hearing for 12/7/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONiNG CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL AIRPORT FORM IN (INDUSTRIAL DISTRICT) TO AI (AIRPORT AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The city Attorney read Ordinance No. O-94-~1.~. by title only. MOTION ~y Corum/Oberbeck I make a motion to set the first reading and set public hearing for December 7, 1994 for Ordinance No. O-94-~13. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 94.260 ~ Quasi-Judicial ~ for Indian ~ Tree ~ ~Dd Mulch - ~ Use Permit Request (Director of C0mm~nitY Development Transmittal datg~ 10/10/94, ADDlication) MOTION by Oberbeck/Freeland I move that we meet the 7th of December at 6 p.m. for Indian River Tree Recycling and Mulch's special use permit. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 ("O-94-11" previously assigned to another ordinance - number changed to "0-94-13" prior to public hearing notice - see attached memo) 10 Regular city Council Meeting October 26, 1994 Page Eleven 14. CITY COUNCI_L~ATTERS A. ~ Arthur Firtion Mayor Firtion expressed dismay at turning down the American Cancer Society. B. Vice ~ ~ Corum 94.261 1. Combating Bra$~l%an peppers tn Sebastian .(Corum T~ang.~ttal da%e.d 10118194. ~r~dica~ion~9~DD_~LqP~_~ADplicator's Guide, Homeowner's Guide) Vice Mayor Corum reiterated her report as submitted in the agenda packet, and urged Council approval to direct the City Clerk to obtain brochures from manufacturers for residents to pick up at City Hall. MOTION by Oberbeck/Firtion I'd move to the effect that we request you (City Clerk) write to chemical manufacturers and get their brochures as requested by Mrs. Corum. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Vice Mayor Corum further requested approval for the Friends of the Saint Sebastiah River to eradicate pepper trees October 29, 1994 on Blossom Lake Park and to have staff pick up debris. MOTION by Oberbeck/Firtion I would move that we have the city Manager direct staff to pick up piles of debris left at Blossom Lake Park as soon as possible after the pepper tree bashing day and dispose of them if necessary. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 11 Regular City Council Meeting October 26, 1994 Page Twelve Other[ Matters Vice Mayor Corum discussed formation of controls for parking in Riverview Park at a future workshop; expressed concerns for safety of the Sembler platform, whereby Mayor Firtion suggested the City Manager look into it; TAPE I - SIDE II (8:45 p.m.) and inquired about performance reviews. c. Mrs. Norma Damp None. D. Mr. ~ober~ Freeland Mr. Fre~land discussed a ditch on Main Street. E. Mr. Frank Ob~rbeck None. 15. CITY ~TTORNE,~ MATTERS The City Attorney reported that the St. John Surface Water and Congressman Bacchus' office will respond to him relative to designating the Sebastian River as a "wild and scenic river", as requested by Vice Mayor Corum. Mr. Freeland requested copies of City Attorney billing. 17. None. Mayor Firtion adjourned the Regular Meeting at 8:50 p.m. Approved at the , 1994, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 12 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 2, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORiDA ALL PROPOSED ORDINANCE~q AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, I CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORiDA. Individuals shall address the C~ty Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-]9) Introduction of New Business from the Public shall not be allowed at City Council Workshops (R-93-19). Mayor Firtion called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was'recited. 3. ROLL CALL City Council Staff Present: Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank oberbeck City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Timothy Williams Director of Community Development, Bruce Cooper Utilities Director, Richard Votapka Deputy City Clerk, Sally Maio City Council Workshop November 2, 1994 Page Two AGENDA ~ODIFICA~ION~ IADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). Vice Mayor Corum requested that item F - 94.268 "Establish Policies for Parks and Street Closings" be moved to the January workshop. There was no objection. 94.262 5. PROCL;%M~TiONS/~NNOUNCEMENTS Proclamation ~ No~ember 11. 1994 ~ 7~tb Anniversary of A_~ of World War ~ :Detty Bock a St. Seb_~ Cha_~ NSDAR = Acceptinq Mayor Firtion read and presented the proclamation to Betty Bock, Daughters of the American Revolution. Mrs. Bock spoke briefly on World War i. 94.263/ 93.354 Mr. Oberbeck announced the Historical Society dedication ceremony and walk-about for the Hardee Oak on Saturday at 10:30 p.m. 6. WORKSHOP ITEMS ~roDosed ANendment Re: Storage of ~ on Residential Lots ,Di~.e~tor of ~0mmunit¥ ~gvelopment Transmittal dated 9/29/94~.. DCD Memq ~ 4/27/94~ Torpy Letter ~ated ~ P & ~ Memo ~ated 9 6_~ Walter Barnes, 402 Azine Terrace, Sebastian, suggested adding a requirement %hat vehicles be registered and insured in Florida. Mr. Oberbeck suggested limiting vehicles on unimproved property abutting a residence to two vehicles. Attorney Williams said this could be done and further suggested "inoperable" unregistered vehicles rather than merely unregistered vehicles be considered. The City Manager discussed Coral Springs' ordinance and urged coming up with language that is enforceable. Mrs. Damp suggested a copy of Coral Spring's ordinance be obtained. Mr. Freeland suggested that four vehicles in the driveway, two in the garage and two recreation vehicles was sufficient. City Council Workshop November 2, 1994 Page Three Mr. Oberbeck was excused from 7:45 p.m. I The City Manager suggested that to 7:46 p.m. language be drafted to enforce a parking ban in right-of-way. TAPE I - SIDE II (7:48 p.m.) 94.264 94.265 The consensus of City Council was to limit to four visible vehicles, with recreational vehicles to be included in the definition of vehicles, with a maximum of two additional vehicles on any unimproved lot abutting a residence, and addition of language to enforce the parking ban in City right-of-way. B® planninq ~ ~ Commission - ~ Limits for Chair and Vice-Chairman {Director of ~ommunity Development Transmittal dated 9/27/94j ~ ~ Z Memo dated 9_~ ~0A-11.3.C.3.a) It was the consensus of City Council to concur with the Planning and Zoning's recommendation to allow Chair and Vice-Chair to serve two full one year terms in office. Mayor Firtion called recess at 8:10 p.m. and reconvened the workshop at 8:15 p.m. Ail members were present. Ce Proposed Amendment to CG ..(Commercial General] ~ - Chanqe Antioue and Second Hand R~tail Stores to Permitted Use (Director of Community Development Transmittal dated 9J27j94, P & ~ Memo dated 9/19~94. ~ 2~A-2.5.C.~ Dnd 20A- 6.1.C.18) The Director of Community Development briefly reiterated Planning and Zoning's recommendation to change antique and secondhand retail stores from conditional uses to permitted uses in the CG zoning district. Following a brief discussion, it was the consensus of City Council to concur with Planning and Zoning's recommendation. 3 City Council Workshop November 2, 1994 Page Four 94.266 D. ~F_~AA~ A~reem,~nt {Cit¥ Manager Transmittal The city Manager noted that AARP provides pro~rams for people over 50 and said, if City Council is ~ interested in them providing services to the community, it may want to enter into a contractual arrangement to provide use of the Community Center at ~ no charge. Discussion took place on other organizations coming in for similar consideration and whether.the Council on Aging has been approached for use of its facility. 94.267 94.268/ 93.268 The City Attorney sai~ entering iht? this agreement would have to be predicated on findlngs of fact that the service would be for the public good. It was the consensus of City Council for AARP to discuss the matter with the Council on Aging and, if they are not able to accommodate the group, then come back to City Council with a schedule of activities and schedule. ~_~g~Amendment to Cod~ of Ordinances Sectio~ 26-32 ~ Surveys (Di.r~..ctor of Comm~it¥ ~eygloDment Transm~.ttal bated ~Q/21/94~ Proposed Language) It was the consensus of City Council to concur with the recommendation of Planning and Zoning to amend the Code of Ordinances relative to surveys. Esta.blish ~.olic~es for ~.arks and Street ~ - Recuested b_.y ~ce Mavor ~ ~No BackuDk i This item was previously moved to the January workshop. ~ COUNCIL MATTERS VicerMayor Carolyn Corum (City Manager Memo dated 10/10/94, Vice Mayor Corum Memo dated 10/7/94) 94.269 Wel..1 Head Protection Ordi~.~nce~Water Well Zone of Influence Land Us~ Restrictions /~ce Ma oy_9~ Corum Transmittal d t_~d 10127/94 w] Exhibits}. Keith Miller, 961 Riviera Avenue, Sebastian, discussed the lack of backflow prevention at the flow well at Riverview Park. 4 City Council Workshop November 2, 1994 Page Five Vice Mayor Corum reiterated her recommendation for the City to adopt a wellhead protection ordinance in Comprehensive Land Use Plan and compliance with.the to d~rect the C~ty Manager to order a schematic of well field zone of influence. TAPE II - SIDE I (8:45 p.m.) 94.270 The Utilities Director said if the water system is sold to Indian River County, it is a moot point, however, if the City retains ownership it is important to look into. He said there are schematics in Exhibit D in the Hartman and Associates report relative to the consumptive use permit for the water treatment plant that could serve her purposes. The City Manager said it would be at least 30 days until the County's decision is known. It was the consensus of city Council to delay this item until such time as it is known if the County will purchase the system. Riverfront District Desiqn Standards ~.ice ~ ~orum ~ransm~tal ~ateO 10/27/94) Vice Mayor Corum said she had invited Peter Jones to address City Council on architectural and design standards for the Riverfront. Peter Jones handed out publications relative to planning and design guidelines. He gave a brief presentation on the establishment of design guidelines and volunteered ~o assist the City-. City Council discussion followed relative to "envelope" zoning for the Riverfront District. Vice Mayor Corum suggested setting up an architectural review advisory committee now to begin to set up guidelines and make recommendations to City Council. Mr. Oberbeck suggested waiting until a planner is on board. Mrs. Damp concurred with Vice Mayor Corum. TAPE II - SIDE II (9:30 p.m.) 5 City Council Workshop November 2, 1994 Page Six 94.271 Mayor Firtion suggested coming back consider a committee at a workshop, Vice Mayor Corum she could certainly committee members. in January to · however, he told begin to seek I Mr. Freeland suggested staff input be obtained and discussed at a January meeting. It was the consensus of City Council to conduct a special meeting for this matter in January. 3. Amend ~DC Re.' ~ Land ~ ~ ~ayor ~ Transmittal dated 10/27/94. Refer LDC Mr. Oberbeck was excused from 9:37 p.m. to 9:39 p.m. Vice Mayor Corum suggested establishment of a regulation in the commercial district relative to land clearing. City Council discussion took place and a consensus was reached to direct staff to look into Indian River County's policy. B. Mrs. orma Dam Mrs. Damp requested that the building at the Easy Lake park be removed and the City Manager said he signed a purchase order for its removal; inquired whether when a garage permit is being sought are there specific questions that can be asked prior to permitting, to which the Director of Community Development responded that there are only specific guidelines for "detached" accessory structures and that new guidelines are being considered to prevent similar situation from happening again; and requested, relative to denying the American Cancer Society move along-a-thon, alternatives be looked at. C. Mr. Robert Freelan~ Mr. Freeland discussed the denial of the American Cancer Society and alternatives; and reiterated his request for City Attorney billing. I I I aI I I I 6 City Council Workshop November 2, 1994 Page Seven D. Mr. Y_~ Oberbeok Mr. Oberbeck introduced Richard Thomas, a resident of Sebastian for 56 years, read a prepared letter relative to proposed state Amendment 3 to ban gill netting. E. Mayor ~ F;rtion Mayor Firtion reported on the recent teen dance at the Community Center; and announced the United Way Golf tournament. 8. CITY ~ MATTERS None. 9. CITy ~ F, ATTERS TAPE III - SIDE I (10:15 p.m.) The City Manager recommended that if the City is to continue funding the 4th of July celebration, the City should be the committee, and suggested that the chairman be a member of City Council, or that the City cease funding the 4th of July. 10. Mayor Firtion adjourned the workshop at 10:22 p.m. Approved at the Meeting. , 1994, City-Council Arthur L. FSrtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 7 City of Sebastian 1225 MAIN STREET ~3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 SUBJECT: RESOLUTION R-94-59 REGARDING A SPECIAL USE PERMIT FOR SEBASTIAN INLET MARINA AND TRADING COMPAN~ Approval for Submittal By: .City Manager ~~--~ Dept. Origin: Community Dev~lopmen Date Submitted: 10/31/94 For Agenda Of: 11~09~94 Exhibits: Resolution R-94-59 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMSNT At its regular meeting of October 12, 1994, the City Council approved Special Use Permit for Attached is Resolution Council's findings Captain Hiram's Miniature Golf Course. R-94-59 which is in accordance with the Cit5 at the Public Hearing. RECOM~.~DED ACTIO~ Move to approve Resolution R-94-59. RESOLUTION NO. R-94-59 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYt FLORIDA, GRANTING A SPECIAL USE PERMIT TO THE SEBASTIAN INLET MARINA AND TRADING COMPANY TO CONSTRUCT AN EIGHTEEN HOLE MINIATURE GOLF COURSE ON APPROXIMATELY TWENTY THOUSANDSQUAREFEET OF L~NDAT 1606 NORTH INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA 32958~ FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETYt HEALTH ANDWELFARE AND IB CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian Inlet Marina and Trading Company has I made application for a special use permit to construct an eighteen hole miniature golf.course on approximately twenty thousand square feet of land as shown on .the attached site plan under Section 20A- 2.6 of the Land Development Code of the City of Sebastian, Florida; and WHEREAS, the Planning and Zoning Commission held a public hearing on August 11, 1994 and recommended approval of the special use permit; and WHEREAS, the City Council of the City of Sebastian, Florida, has fully considered such permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. FINDINGS OF FACT. The City Council, after considering follows: the evidence presented at the hearing, finds as I ! ! I The of the special permit will not be (1) granting use detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and, (2) The use requested is consistent with the purpose and intent of the respective General Marine Commercial District, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. SECTION 2. APPROVAL: The City hereby approves a special use permit for the Sebastian Inlet Marina and Trading Company to construct an eighteen hold miniature golf course on approximately twenty thousand square feet of land as shown on the attached site plan. The land is located in a General Marine Commercial District and the subject property address is 1606 North Indian River Drive, Sebastian, Florida 32958. SECTION 3. ADDITIONAL CONDITIONS: The applicant must submit a detailed site plan in accordance with Article X of the Land Development Code of the City of Sebastian. SECTION 4. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section 'of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. 2 ~ECTION 5~ CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 6. EFFECTIVE DATE: This Resolution shall take effect i~ediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck and, upon being put i The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, .Jr. City Attorney City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Barnett Bank Corporate Resolution for Payroll Imprest Fund Approval For Submittal By: City Manager ~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. ~.~ Dept. Origin: Finance Date Submitted: 11/2/94 For Agenda Of: 11/09/94 Exhibits: Barnett Bank Corporate Resolution I EXPENDITURE REQUIRED: N/A AMOUN~I' APPROPRIATION BUDGETED: N/A- REQUIRED: N/A SUMMARY City Council awarded the payroll services contract to Paychex, Inc. on October 12, 1994. This company uses Barnett Bank for the payroll imprest (zero balance) account. RECOMMENDATION Sta£frecommends adoption of Resolution No. R-94-60 and authorize the Mayor to execute and the City Clerk to a~test the bank corporate resolution attached as Exhibit A. and RESOLUTION NO..R-94-60 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING ~ MAYOR TO EX~~ AND THE CITY CLERK TO ATTEST, ON BEHALF OF TN'F~ CITY, A BARNETT BANK CORPORATE RESOLUTION FOR ~ PURPOSE OF PROVIDING A PAYROLL I1V[PREST BANK ACCOUNT FOR ~ CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. the City of Seba~ian awarded the bid for payroll services on October 12, 1994; WKE~S, the City Council desires to enter into a banking arrangement with Barnett Bank for the purpose of providing a payroll imprest bank account for the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: SECTION 1. AGREEMENT. The City Council of the City of Sebastian, Indian River County, Florida, hereby agrees to establish a payroll imprest bank account with Barnett Bank identified as Exhibit "A" to this Resolution, and by this reference incorporated herein. The. City Counc'd hereby provides that the facsimile signatures of the City Manager and Finance Director are to be the authorized signatories for the payroll imprest account. SECTION 2. EXECUTION. The Mayor of the City of Sebastian is hereby authorized to execute, and the City Clerk to attest, the Barnett Bank Corporate Resolution as agents for the City of Sebastian. ~ON 3. CONFLI~. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. SEVERABIL1TY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or constitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved 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. Firtion Vice Mayor Carolyn Corem Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this ,1994. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion Mayor ATTEST: Kathryn M. O~alloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clii~on A. McClelland, Jr. City Attorney ity Clerk ..... :,::' . Exhibit "A" tt614g Rev 011~1° ~43) PA City of Sebastian '1225 MA~N STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT= Resolution No. R-94-61 Treasure Coast Council of Local Governments - Add New Members APPROVED FOR SUBMITTAL BY: City Manager: ) Agenda No. Dept. Origin ,City Clerk Date Submitted 11/2/94 For Agenda Of 11/9/94 Exhibits: * R-94-61 · Exhibit A - Joint Resolution · Braisted Letter EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: APPROPRIATION REQUIRED: STATEMENT City Council adopted Resolution No. R-93-15 on April 15, 1994. This authorized the Mayor to sign and City Clerk to attest the Joint Resolution establishing the Treasure Coast Council of Local Governments consisting of Indian River ~ounty, St. Lucie'County, Martin County, Okeechobee County, Ft. Pierce, Port St. Lucie, Stuart Veto Beach and Sebastian. The Treasure Coast Council has submitted another Joint Resolution which would add Sewall's Point, Indian River Shores and Jupiter Island to the membership. RECOMMENDED ACTION Move to adopt Resolution No. R-94-61 authorizing the Mayor and the City Clerk to attest the Joint Resolution of the Treasure Coast Council of Local Governments. RESOLUTION NO. R-94-61 i A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-93-15 WHICH AUTHORIZED COMBINING WITH CERTAIN OTHER GOVEP~NMENTAL UNITS TO FORM A COUNCIL OF LOCAL GOVEItNMENTS PURSUANT TO SECTION 163.02, FLORIDA STATUTES; AUTHORI~.iNG THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE JOINT RESOLUTION, ATTACHED AS EXHIBIT "A" /~MENDING THE PRIOR JOINT RESOLUTION TO ADMIT TMAEE NEW MEMBERS TO THE "TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS"; PROVIDING FOR REPEAL OF . RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; ]~ND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council, by adoption of Resolution No. R-93-15 on April 14, 1993, and in accordance with Section 163.02 Florida Statutes, ratified the establishment of the Treasure Coast Council of Local Governments of which the City of Sebastian became a member along with Indian River County, St. Lucie County, Martin County, Okeechobee County, City of Ft. Pierce, city of Port St. Lucie, City of Stuart, and City of Veto Beach. WHEREAS, the Treasure Coast Council of Local Governments has submitted a Joint Resolution to admit three new members, Town of Sewall's Point, Town of Indian River Shores and Town of Jupiter Island; and WHEREAS, the City Council concurs with the addition of new members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SeCtion ~. AGREEMENT. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City, the amended Joint Resolution, the purpose of which is to admit three new members to the "Treasure Coast Council of Local Governments", a copy of the Joint Resolution having been attached to this Resolution as Exhibit "A" and by this reference incorporated herein. Section ~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Sectio.n ~. 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 u~constitutional provision. It shall further be assumed that the City Council'would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember being put into a vote, the vote was as follows: 2 and, upon M.ayor Arthur L. Firtion I Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland · Councilmember Francis Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. CITY OF SEBASTIAN By: Arthur L. ~rtion , Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 3 EXHIBIT RESOLUTION NO. A JQINT RESOLUTION BY AND BETWEEN THE CITY OF FORT PIERCE, THE CITY OF PORT ST. LUCIE, THE CITY OF STUART, THE CITY OF VERO BEACH, THE CITY OF SEBASTIAN, FLORIDA MUNICIP~ CORPORATIONS; INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, AND ST. LUCIE COUNTY, SUBDiViSIONS OF THE STATE OF FLORIDA; AMENDING PRIOR JOINT RESOLUTIONS TO INCLUDE THE TOWNS OF SE"WALL'S POINT, INDIAN RIVER SHORES, AND JUPITER ISLAND, AS MEMBERS OF THE TREASURE COAST COUNCIL OF LOCAL GOVE~S. WHEREAS, the residents of 'the area surrounding the proximate to the Treasure Coast are served byseparate governmental entities, i.e.,: the municipalities of Fort Pierce, Port St. Lucie, Sebastian, Stuart, and Vero Beach; and the Counties of Indian River, Martin, Okeechobee, and St. Lucie, (hereinafter referred to as "Governments"); and WHEREAS, the entities have formed the Treasure Coast Council of Local Governments; and WHEREAS, the Governments have many interrelating problems and needs which would best be resolved on a cooperative community basks, rather than separate action, thus reducing duplication of costs and services.; and WHEREAS, the Towns of Sewall's Point, indian River Shores and Jupiter Island have elected to join the Governments; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY; THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, AND THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY; THE CITY COMMISSION OF FORT PIERCE; THE CITY COMMISSION OF PORT ST. LUCIE; THE CITY COMMISSION OF STUART; THE CITY COMMISSION OF SEBASTIAN, THE CITY COUNCIL OF VERO BEACH; THE TOWN OF SEWALL'S POINT; THE TOWN OF INDIAN RIVER SHORES; AND THE TOWN OF JUPITER ISLAND, THAT: Section 1 - Admission of New Members. By adoption of this Joint Resolution, the Treasure Coast Council of Local Governments admits as new members the Towns of Sewall's Point, Indian River Shores, and Jupiter Island, with all the benefits and obligations of full members in all respects. Section 2 - Ratification. Confirm that /n all respects the terms and conditions membership adopted by resolution of all members are hereby ratified and confirmed except as. modified herein to admit the above- referenced new members. Section 3_- Effective D~e. ! ! This Resolution shall become effective upon final passage by all of the municipalities and counties set forth herein. · CIT~ OF SEBASTIAN PASSED AND ADOPTED by Resolution Number this , day of .................. , 1994. ATTEST: THE CITY OF SEBASTIAN Sign: Print: Title: City Clerk Sign: Print: Title: Mayor Approved as to form and legal sufficiency: Sign: Print: Title: City Attorney 11 · City of Veto Beach 1053 - 20th PZ,AC£ - P. O. BOA' 1389 gL' ,-, V£RO BP_,A CH, FLORIDA - 32961-1389 E .... · ~ ~. ~,~:.' ,.~ Mayor ~thur L. Fir~ion City of Sebastian ~.0. Box 780127 Sebastian, FL. 32978 0127 TR SURE COAST COUNCIL OF LOCAL GOVERNME . ~ssion of N~ M~ers; To~s of Sewall's Point, Indzan River shores, and Jupiter Island. Dear Mayor F~rtion:-- Enclosed please find one (1) copy of a Joint Resolution, the pu~ose of which is to a~t three new m~ers Coast Council of Local Gover~ents; the To~s of Sewall's Point, Indian River Shores, and Jupiter Island. Please have the resolution excuted by your respective (CITY/CO~TY/TO~) and retu~ your. (SIG~~ P~E O~) to this office, along with a copy of the resolution adopted by your ( CITY/CO~TY/TO~ ). ~ter all resolutions have been executed and returned by all m~ers to my office, we will then retu~ a copy to you reflecting si~atures of all n~ed entities. you for your assistance in this matter. Thank Sincerely, w/agg. DISTRIBUTION: INDIAN RIVER COUNTY ST. LUCIE COUNTY MARTIN COUNTY OKEECHOBEE COUNTY CITY OF FORT PIERCE CITY OF PORT ST. LUCIE CITY OF STUART CITY OF VER0 BEACH CITY OF SEBASTIAN TOWN OF SEWALL'S POINT TOWN OF INDIAN RIVER SHORES TOWN OF JUPITER ISLAND C.'TCCLG-LT.CC.L City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: BID AWARD FOR GROUND WATER CLEAN-UP FOR CENTRAL GARAGE Approval for Submittal By: City Manager ) Agenda Number:,, ~.2~ ) ) Dept. Origin: Community DeveloDme~t Date Submitted: For Agenda Of: Exhibits: .~1/02/94 11/09/94 1. Bid Tabulation. 2. Bid Specifications. S. Letter dtd 8/30/94 from D.E.P. 4. Contract. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $60,369.00 $100,000.00 -0- SUMMARY STATEMENT On September 30, 1994, the City held a Public Bid opening for the remediation system to clean the ground water at the Central Garage facility. Attached is the bid tabulation form indicating the apparent low bidder as ViroGroup with a bid of $60,369. At this time, the City has received a time extension (from D.E.P.) to submit the as-built drawings for the remediation system on or before December 29, 1994. The bid specifications requires the contractor to complete the system within 30 days from receiving a notice to proceed and an additional two weeks to prepare and submit the as-built drawings to D.E.P. ViroGroup has indicated no problems with the proposed time frames as outlined within the bid documents but, in talking with Deborah Metrin with D.E.P., it is apparent that as long as we proceed with due diligence to implement this remediation system, the State will consider further extensions of their deadline, if necessary. /~ Agenda Cover Sheet Page Two In order for City staff to determine that ViroGroup has produced 4 quantified bid meeting all requirements of the bid documents, staff-- performed the following tasks: 1. On October 24, 1994, staff talked with Mr. Charles Vogt ~ with the local HRS office. Mr. rog% indicated that he was familiar with ViroGroup and has reviewed past jobs similar to this proposal and had no previous problems with the company. On october 25, 1994, staff talked with Deborah Metrin with central D.E.P office and she was familiar with ViroGroup and had no problems. On October 26, 1994, staff talked with county engineer Tom Slider from HendryCounty. Mr. Slider indicated that their county has utilized ViroGroup for remediation in the past and has indicated no problems with their scheduling or performance in carrying out the necessary tasks in their remediation system. The Technical Review Committee did review all bids to verify the apparent low bidder. City staff did contact the Department of Professional Regulation and spoke with a Mr. Jerry Wilson regarding any problems with the apparent low bidder. Mr. Wilson did indicate in 1986 a complaint was filed due to the failure of the company not registering with the State in a timely fashion. Mr. Wilson indicated that this was not a serious concern and also indicated no other complaints filed against this company. Since the previous city engineer, Dan Eckis, prepared the bid specifications for this proposal, Mr. Eckis has reviewed ViroGroup's bid submittal. Mr. Eckis has indicated that ViroGroup met all requirements of the bid specifications except for the maintenance of the system. Staff has talked with Mr. Ron Olsen and Thomas Cozzi of ViroGroup, Inc. and they have agreed to meet the requirements of the bid specifications which, requires the contractor to be responsible for all maintenance of the equipment regardless of the malfunction. This would also include any type of acts of God, such as lightning. The staff would like to point out that in reviewing the bid form from ViroGroup, the amount listed under #9 for the closure report is a typo which, indicates the amount of $12,280 whereas, the actual amount is~ $2,280. Their backup information under Value Engineering supports the amount of $2,280 and the total bid will not exceed $60,369. Agenda Cover Sheet Page Three RECOMMENDED ACTION Move to award the bid for the implementation of the ground water clean- up for the central garage to ViroGroup in the amount of $60,369. GROUND WATER Bids Opened CLEAN UP FOR CENTRAL GARAGE BiD TABULATION September 30, 1994, 2:00 p.m. Contractor/Vendor Bid The VIRO Group $ 60,369.00 C/P Utility Services Co. $ 69,896.00 Leggette, Brashears & Graham $ 85,000.00 W.E.S. Inc. Environmental Division $109,200.00 Ground Water Technology $110,040.00 Geraghty & Miller $111,800.00 Fl. Petroleum Services No Bid Empire Environmental No Bid NO OTHER BIDS WERE RECEIVED City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-$570 NOTiCE OF REQUEST FOR PROPOSAL Sealed bid proposals for the design and implementation of a groundwater dean-up system at the central garage will be accepted by the city Clerk, City of Sebastian, 1225 Main Street, Sebastian, FL 32958 until 2:00 p.m. on Friday, September 30, 1994. Bid envelopes are to be marked as follows: BID PROPOSAL: GROUNDWATER CLEAN-UP The City of Sebastian is seeking bid proposals from qualified Environmental Remediation Specialists to design and implement a remediation system to reduce contaminate concentration of the groundwater at the Central Garage Facility, Sebastian, Florida. The proposal shall include all cost associated with the design, equipment, installation, operation, monitoring, testing and removal of the system. A Project Manager (PM) shall be assigned to report directly to the City Manager (CM) or his designee, for updates, quarterly and annual status reports, interpretation of test results, correspondence with DEP/HRS as required, and/or other tasks as may be requested by the City Manager. Qualified Environmental Remediation Specialists must contact the City Clerks Office, in person, by mail at the above address, or by telephoning area code (407) 589-5330 for proposal documents and specifications. Question.s or concerns pertaining to_ the proposal should be directed to the Community Development Director, Bruce Cooper, telephone; area code (407) 589-5537. Proposals will be publicly opened and read aloud at 2:00 p.m. on Friday, September 30, 1994 in the City Manager's Conference Room. The City reserves the right to reject any and all bids. By: Kathryn M. O'Halloran City Clerk City of Sebastian Publish: Vero Beach Press Journal Friday, September 9, 1994 SPECIFICATION FOR DESIGN AND IMPLEMENTATION OF A ~ REMEDIATION SYSTEM AT CENTRAL GARAGE, SEBASTIAN, FLORIDA All environmental remediation specialists (Contractor) submitting bid proposals for the above referenced project, shall be licensed by the State of Florida to provide engineering and contracting services. Proof of state licenses shall be submitted with proposals. At the time of submitting for the City's permit appli~tion (waiver of fee), the Contractor must supply the City's Building Department with the names of any subcontractors intended to be used for the project. All trade subcontractors used, must be properly licensed within the City of Sebastian. Contact the Building Department for further information, (407) 589-5537. The Contractor shall be responsible for notifying the City of Sebastian Building Department a minimum of 24 hours prior to any inspections. Inspections to be determined at the time of permitting. DESCRIPTION OF SERVICES DFC, APPROVAI~ ORDER The Florida Department of Environmental Protection (DEP), on May 26, 1994 has granted an approval order on the technical aspects of the Remedial Action Plan (RAP) and supplementfil information prepared by: TransAmerican Environmental, Inc. 3800 North 29th Avenue Hollywood, Florida 33020 The RAP shall be included as part of the bid proposal specifications. The DEP facility number for the Central Garage site is 318520271 and must be used on all correspondence with the Department. The ]Environmental Remediation Specialist Contractor (Contractor) shall be responsible for the design and implementation for the remediation of the groundWater to reduoe contaminated concentrations at the site to the levels set forth in chapter 7'/0, Florida Administrative Code ('F.A.C.) pursuant to section 17-770.?00(3), The Contractor shall be required to initiate the remedial actions described in the RAP within one (1) month following the approval of the contract, by the City, with a written notice to proceed. These remedial actions are to be implemented in accordance with Chapter 17-770, F.A.C. and shall continue until a clean-up of the contaminated area reaches the target levels set forth in section 1%770.730(5), F.A.C. In addition, the Contractor shall be required, on behalf of the City, to submit record drawings CAs-Built" Drawings) of the remediation treatment system, to DEP within two (2) weeks, following the installation of the system. A record copy shall be provided to the City. These drawings must be certified by a professional engineer. LIAISON The Contractor shall designate a Project Manager (PM) who shall be provided as liaison to interface between the City and the DEP. The PM shall be reasonably available to the City Manager at all times. He shall from start-up, prepare quarterly and annual status reports during the course of the remediation until DEP determines that no further remediation actions are required and the terms of the contract have been fulfilled. Terms of the contract include, application of closure of the Remedial Treatment System, one (1) year monitoring after the system is shut down, site rehabilitation completion report, and the removal of the system. Compensation shall be lump sum for the two (2) year period identified in the RAP. For additional services, compensation shall be on a time and material basis as provided by Florida Statutes. Hourly rates must be identified and continued for the term of the contract. REMEDIATION TREATMENT SYSTEM The Contractor' shall be responsible to design, construct and operate the system in accordance with Chapter 17-700 F.A.C.. The Contractor shall design and prepare construction drawings using the RAP as a guideline. He shall be solely responsible for the design of the system based on best engineerin, g practices. Deviation from the RAP is possible with prior DEP approval if the Contractor determines that a cost savings can be realized for the City through a reduction in either capital or operating expenses. Compensation shall be lump sum for System Design and Approval. LOCATION The system shall be located onsite in an area not to interfere with the daily operation of the Garage and Public Works activities. The set-up location of the system must be mutually agreed to by the PM and the Public Works Director (Director). Consideration by both parties must be given to the location, which can adequately accommodate the Director, and be feasible for the system to operate efficiently without causing a nuisance, or safety problems to the employees. Any disputes shall be settled by the CM in the best interest of the City. Compensation shall be lump sum for Site Preparation. The Contractor shall verify all available utilities existing at the site. Failure to do so, shall not be reason for additional compensation. He shall verify the electrical power source to determine if adequate power is available to operate the system as determined by the power demand. If the existing electrical supply system is inadequate, he shall seek additional power from FP&L. Compensation shall be lump sum for Utilities and Electrical Supply. Water is available to the site, in small demand, as can be provided by a typical hose bib. Restrooms are available at the Central Garage between the hours of 7:30 a.m. and 3:30 p.m. yALUE ENGINEERING AND COST ANALYSIS The system proposed will require a value engineering report, with a cost analysis for capital and operating expenses based on current cost life cycle. The report and analysis is considered essential for proper evaluation of~the proposed system and must be submitted. The report and analysis can be based on a similar system installed which the Contractor has chosen for the bid proposal. The name, address and phone number shall be included to verify the similarities of the system. Otherwise the Contractor can base his report and analysis on the manufacturer's equipment specifications. However, greater consideration shall be given to the Contractor which provides information based on both the manufacturers and a similar operating treatment system that can be readily verified. The analysis and report shall include the following: · Capital expense for installation New or Used Material and Labor Piping and Electrical Site Preparation Operating Expenses Power Consumption Local Rate/Kilowatt Operator Repair and Maintenance Labor for Dismantling Disposal/Salvage Site Clean-up Compensation shall be inclusive of other various items for Value Engineering and required to be submitted with the bid proposal. PROC~NT Following approval of the construction drawings by DEP, the Contractor shall provide all equipment, materials, mechanical, electrical, operation and maintenance manuals that constitute the system, including all appurtenances. He shall provide all labor and supervision to erect, construct, assemble, for the installation of the system which shall be fully operational. It shall be capable of functioning properly, to reduce the contaminated concentrations efficiently, including all items listed in Section IV, Estimated Clean-Up Cost of the RAP. Unit cost for either a monitor well or recovery well installation shall be identified as part ofthe bid proposal, based on linear foot of well depth. It is anticipated additional wells will not be necessary, however unit price shall be determined at the time of bid proposal. Compensation shall be lump sum for Procurement. OPERATION AND, MAIN]'ENANCE The Contractor shall be responsible to provide proper personnel for daily operation of the system. The operator's schedule shall solely be determined by the contractor at his own discretion. It is anticipated that during start-up, the operator will be scheduled on a regular basis until he feels the system is operating efficiently. The frequency of site visits may be reduced at the discretion of either the operator or contractor. It shall be the City's responsibility to notify the operator of any observed malfunctions or unscheduled shutdowns that may occur. His_ telephone or 24 hour beeper number shall be made available to the City, and posted at the site. The operator shall respond to the City within a reasonable time as follows: 4 hours for emergencies (equipment failure) 24 hours for non-emergencies The operator's responsibility shall include recommended maintenance inspections, performance of routine maintenance, repair of equipment as required, cleaning of filter medium and equipment, sampling for testing and log reports. Sampling and monitoring of the effectiveness of the system shall be part of the operator's scheduled responsibilities, including weekly, quarterly, or annual reports as required by DEP. The Contractor shall provide their comprehensive quality assurance plan number. Compensation shall be lump sum for Operation and Maintenance and be disSursed monthly over the term of the contract. The operators hourly rate must be identified as pan of the bid proposal should additional services extend beyond the term of the contract. TESTING The Contractor shall be responsible for COllecting all samples in accordance with DEP or federal guidelines for frequency, shipping, manifest Icg and handling. The Contractor shall provide a list of' at least three (3) COmpetent testing laboratories, licensed by the state. The Contractor shall indicate the COst of testing for EPA Methods 601, 602, 610 and 418.1. The City shall be invoiced directly by the laboratory chosen for testing. The total COst for testing shall be estimated by the Contractor and included with the Bid proposal. The amounts indicated shall be used by the City for budgeting purposes and should not be included as part of the overall cost. The Contractor shall not be compensated for testing unless the City decides to negotiate with the Contractor for additional services. CLOSURE OF, P. EMED]~AT!ON SY STEM The Contractor shall be responsible for the closure of the system when sampling data indicates a substantial reduction of the COntaminates. If the VOA Concentrations vs. Time fits a curve defined by the equation C = Cf + Coe'kt, Chapter 17-770.730(7)(a) F.A.C., and becomes linear and asymptotic to zero, the COntractor shall apply for closure of the system. The Contractor shall be responsible to monitor the site for one (1) year after the system is shut down to confirm that the remediation of the groundwater is complete. Compensation shall be lump sum for the Closure Report. SYSTEM REMOVAL The Contractor shall be responsible to dismantle, and dislocate the system. All equipment, piping, material shall be salvaged by the Contractor or disposed of in a legal manner. The site shall be restored to the existing COnditions prior to system installation. He shall grade to side to drain properly and seeding and mulching shall be done by the City. Compensation shall be lump sum for Removal. 0829941.ka I Florida Department of I Environmental Protection i Central District l~,n.. Chlle~ Sal~ Mab~tire Boulevard. S~te 232 ~~ ~'~11 ~,~or Orlando, ~o~da 32803-3767 CERTIFIED Z-18~890-795 Joel Koford, Manager City of Sebastian Post Office Box 780127 Sebastian, FL 32978-0127 Indian River County- TK/PC City of Sebastian Maintenance Garage STI #318520271 Extension of Deadline to Implement Remedial Action Pla. D,,,IRAP) ' OCD-TK-94-0294 Dear Mr. Koford: The Department has reviewed the August 19 request f. or an extension of the deadline to implement the approved Remedial Action Plan (RAP) for the .referenced site. The reasons for the request are adequate and the request is approved. Please submit the RAP "as built" drawings on or before December 29, 1994. If you have any questions concerning, you may call me at (407) 894-7555. /dbm Sincerely, ,..,',__~ / . · " ' ~ :: 7...-.¥ ' ' '~.z'~"~'~'~ ¢ ~/~/~/' l~-"" Deborah B. Metrin,7~. Program Manger Tanks/Petroleum Cleanup cc: Charles Vogt, Indian River County Public Health Unit (HRS) Printed on reryeled A~;P~EMENT TI:IIS AGREEMENT, made this of and between day 1994, by the City of Sebastian, a Municipal Corporat-~on organize" 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;'): WITNESSETH: The City and Contractor for good and valuable consideration as hereinaf[er set forth, do mutually agree as follows: 1. .Scope ~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 Docume t~,,x - ' mo ) ann agrees to complete the Work in a workmanlike manner in accordance with all applicable codes and m full compliance with the Contract Documents. 2. ,Co, ntract Documents. (a) The Contract Documents consist of this Agreement, Notice of Invitation to Bid Instructions for Bidders S eclal Ter ,,. ' '.. , p ' ms and Conditions, Bid Form, all drawings, spe¢ineations, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and modifications issued after execution of this Agreement. The Addenda, if any, are as follows: 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 Documents shall not be construed to create a contractual relationship of any kind (1) between the City and a Subcontractor or a Sub-subcontractor, or, (2) between any persons or entities 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. Contract...Sum and Payment~,t ,o,.(~ontractor. (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"). Co) Pro~ess Pa_wnents. 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-fffih (25th) day of each month. (ii) Provided an Application for Payment is received by the City not later than the twenty-fiRh (25th) day of a month, the City shall make payment to Contractor not later than the tenth (10th) day of the following month. If an Application for Payment is received by the City after the application date fixed above, payment shall be made by the City not later than fourteen (14) days after the City receives the Application for Payment. Work by the City. (iii) Final payment to Contractor is contingent upon acceptance of the (c) .lgeimbursable Ex_oense.~ The provisions of Florida law shall govern the reimbursement of per diem and travel expenses to Contractor. Contractor shall not be reimbursed in excess of the rates prescribed by law. Any request for reimbursement by Contractor shall be accompanied by documentation which is, in the reasonable opinion of the City, sufficient to establish the expenditure on the part of Contractor. 4. Contractor~,s, Qblilmtions. (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. Co) Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 2 (e) 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 performing portions of the Work under a contract with Contractor. $. W*rranty. Contractor warrants to the City that all materials and labor furnished under this Agreement shall be free from any and all defects during the term of the contract to 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, promptly correct Work failing to conform to requirements of the Contract Documents, 'whether observed before or after completion 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 (1) 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. (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 (1) 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. Subcontracts. i (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 all the obligations and responsibilities which Contractor, by the Contract Documents, assumes toward the City. Term. The term of this Agreement shall be two (2) years from the date of the Agreement unless otherwise specified in the Contract Documents. The parties reserve the fight to extend the term of this Agreement for an additional term of one (1) year on the same terms and conditions upon mutual written agreement. 9. Termination. (a) For. Cause. If Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of this Agreement, the City, after ten (10) days written notice to Contractor and without prejudice to any other remedy the City may have, terminate this Agreement. (b) Without, Cause. The City retains the fight to cancel this Agreement at any time, with or without good cause, upon written notice to Contractor when such termination is deemed by the City Council, or their designee, to be in the public interest. (e) Payment Upon Te.rminatiQ.n.. 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 employees, 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. 11. Injuranee. Contractor shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. Contt'actor 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 adequacy. (a) Workers' Compensation. Contractor shall purchase from and maintain in any company 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 itsel/~ to property which may arise out of or result from Contractor's operations under this Agreement, whether such operations be by Contractor or by Subcontractors or by anyone directly or indirectly employed by any of them. This insurance shall be written for not less than the limits of liability required by law, and shall include contractual liability insurance applicable to Contractor's obligations under Paragraph 10. Coverage B, Employer's Liability, shall be written for a minimum liability of $100,000.00 per occulTerlce. (b) C~0mmercial General Liability. 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.Q0 per occurrence for claims of bodily injury including death, and $500,000.00 for property damage. (e) 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' compensation 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. ~ 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 mail (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. McClelland Jr., P.A. City Attorney - c/o Potter, McCleilahd, Marks and Healy, P.A. P. O. Box 2523 Melbourne, FI 32902-2523 IF TO CONTRACTOR: 15. Time. Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Agreement, Contractor confirms that the contract time is a reasonable period for performing the work. 16. C~onfii~:t 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. .Compliance With All Aoolicable Federal Laws. Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC §1531, et se~.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (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 (IL 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 (IL 88-352), The Age Discrimination Act (IL 94-135), Section 13 of The Federal Water Pollution Control Act (IL 92-500), Executive Order No. 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). 7 18. Linuidnted 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. Drm~-Fr!~.~.Workplace. 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 employees 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 employee engaged in providing the commodities or contractual services that are required hereunder a copy 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 commodities 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 to continue to maintain a drug-free workplace through implementation of Subparagraphs (a) thru (e). 8 21. Public Entity Crimes. (a) Contractor hereby acknowledges, represents and warrants: (i) That a 'public entity crime' as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect 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. ('fi) That "convicted" or "conviction" as defined in Paragraph 287.133(1)Co), 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 1, 1989, as a result of a jury verdict, nonjury trial, or entry ora plea of guilty or nolo contendere. Statutes, means: (iii) That an "affiliate"as defined in Paragraph 287.133(1)(a), Florida crime; or 1. A predecessor or successor of a person convicted of a public entity 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 faeie ease 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(1)(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 let 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, panners, shareholders, employees, members, and agents who are active in management of an entity. 9 (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 applies.] Neither Contractor, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, directors, executives, partners, shar'--'~holders, 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 l, 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 place Contractor on the convicted vendor list. [attach a copy of the final order]. (C) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 21 TO THE CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH THiS AGREEMENT IS EXECUTED. IN THE EVENT THE TERM OF THIS AGREEMENT SHALL EXTEND BEYOND THE CALENDAR YEAR IN WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE CITY A NEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, FORM PUlL 7068, AS REVISED FROM TIME TO TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE iNFORMATION CONTAINED IN I THIS PARAGRAPH 21. 10 i 22. ~gn,!,ire 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 Docoments, 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. Governing 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. No 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 WHE~OF, the City has hereunto subscribed and Contractor has affixed his, its, or their names, or name. ATTEST: Kathryn M. O~Ialioran CMC/AAE, City Clerk (Corporate Seal) Approved as to Form and Legal Sufficiency: Clifton A..McCielland Jr., Attorney Signed, sealed and delivered in the presence of: Name: Name: 12 CITY: TIlE CITY OF SEBASTIAN, FLOKIDA By: Name: Arthur L. Firtion Title: Mayor of S~bastian CONTRACTOR: By: Name: Title: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before .......... , 199__ by , the SEBASTIAN, FLORIDA, on behalf of the CiTY OF SEBASTIAN. to me or produced as identification. me this day of of the CITY OF He/she is personally known Notary Public, State of Florida Printed Name Commission Number STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing' instrument ,199m by personally known to me or produced was acknowledged before me this day of , on behalf of CONTRACTOR. He/she is as identification. Notary Public, State of Florida Printed Name Commission Number c:~specs\083194ag.ka 13 City of Sebastian 1225 MAIN STREET n SEBASTiAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SIYBJECT: Yacht Club Pier Bids Approval For Submittal By: .City Manager~ ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 11/01/94 For Agenda Of: 11109/94 Exhibits: I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED.- N/A REQUIRED: N/A SUMMARY The City advertised the bids for the Yacht Club Pier modifications on September 17, 199.4., and were opened on September 29, 1994. However, the correspondence received from the grant agency (DEP) did not match the en~neering drawings. As a result, the bid responses must be rejected and the corrected engineering drawings submitted to the bid response companies. Although we do not expect drastic reductions in the bid responses, new information does effect costs of construction therefore, we must rebid. RECOMMENDATION Reject all bids for the Yacht Club Pier Modifications and upon receipt of the corrected engineer drawings, rebid the project. Note: Responding Bidders: 1. Pelican Pete's Marine Construction 3. Vance Conslruction Company 5. H.O.M. Construction Company 2. Dockside Builders of Sebastian 4. Construction Technology, inc. City of Sebastian I 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: SWEET PEA PAGEANTS Approved For Submittal By: Cil:;y F~anager ~~ Dept. Origin: Co.mmu. n..i_ty Development Date Submitted: For Agenda Of: Exhibits: 1. (BC/) 10/27/94 ~, 11/09/94 Letter dated 10/10/94 from Cindy Doane EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Sweet Pea Pageants is requesting permission from the City Council to utilize Riverview Park on January 14, 1995, .fgr a baby contest/beauty pageant. Their event would be from 9:00 a.m. to 2:00 p.m. and they have requested the use of electric. 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. 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 Sweet Pea Pageants to on January 14, 1994, with standard conditions. use Rivervie~ OCTOBER 10, 1~4 CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL -ATTN': BRUCE COOPER, DIRECTOR OF ~OMMUNITY DEVE DEAR SIR, PLEASE ALLOW ME TO INTODU~E MYSELF, MY NAME IS EINDY ~OANE AND I AM THE NATIONAL DIRECTOR FOR THE SWEET PEA PAGEANT. THIS IS A BABY CONTEST/BEAUTY PAGEANT. WE HAVE DONTESTANTS FROM THE VARIOUS LOCAL AREAS BOTH BOYS AND GIRLS, RANGING FROM NEWBORN THRU 17 YEARS. EACH EHILD WHOM ENTERS OUR EVENT WILL RECEIVE A TROPHY. THE WINNER IN EACH ASE DIVISION RECEIVES A LARGE TROPHY AND CROWN WITH FOUR RUNNERS UP RECEIVING ~ 18"TROPHY. THE REASON FOR MY LETTER TO YOU IS WE WOULD LIKE TO BRING A LOCAL PRELIMINARY TO SEBASTIAN. WE WOULD LIKE TO USE THE RIVERVIEW PARK ON US HWY $1. THE DATE I WILL HOLD PENDING YOUR RESPONSE IS JANUARY 14, 1~5. WE WOULD USE THE FACILITIES FROM ~AM TO APPROX 2PM. WE WiLL NEED ELECTRIC IF POSSIBLE. WE WOULD EXPECT APPROX ONLY ~5-50 TOTAL AS FAR AS A TURN-OUT IS CONCERNED. WE CURRENTLY HOLD LOCAL PAGEANTS IN VERO BEACH AND I RECEIVE ALOT OF PHONE CALLS FROM RESIDENTS OF SEBASTIAN. THEREFORE, I WOULD LIKE TO BRING A PAGEANT TO THEM. I WOULD LIKE TO PROMOTE THIS EVENT AS LITTLE MISS/MR SEBASTIAN. PLEASE ~ONTACT ME WITH YOUR RESPONSE SOON AS POSSIBLE. IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CALL CINDY AT 407-6~1-8484. THANK YOU IN ADVANCE FOR ALL YOUR ASSISTANCE IN THIS MATTER. S I NCERELY, CINDY ~DAN~~E~ TiONAL DIRECTOR i City of Sebastian 1225 MAIN STREET = SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 A GENI~. A... TRANSMITTAL SUBJECT: Golf Course Restaurant Concession Agreement Approval For Submittal ]By: City Manager ~ ) ) ). ) ) ) ) ) ) AGENDA NO. Dept. Origin: Finance, Date Submitted: 10/31/94 For Agenda Of: 11/09/94 Exhibits: Concession Agreement ".'EXI>ENDYFURE . AMOUNT APPROPRIATION i REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY The current restaurant concession agreement is through November 15, 1994 with a orie year renewal option still available. _ Mr. Fink requested a revision to the agreement in the following areas: O O lease period increased to five years standardized rental rate City staff have completely revised the concesssion agreement to reflect clarification in language,~ potential conditions and have retained the requirement for the concessionaire to continue paying a gross receipts fee on liquor sales. This compensates the City for the use of the City's liquor license. RECOMMENDATION Staff recommends adoption of the Golf Course Restaurant Concession Agreement and authorize the Mayor to execute and the City Clerk to attest the attached agreement. ~ CONCESSION AGREEMENT SEBASTIAN MUNICIPAL GOLF COURSE This Conce~on Agreement, made and entered into thiz day of ,1994, by and among the City of Sebastian, Florida, a Florida corporation located in Indian River County, Florida (heminaher re/erred to as the "City'), and DTF, inc., a Florida corporation (hereinafter rd~ to az *Concessionaire') and Dennis R. Fink and Theresa L Fink, individually, who reside at 1055 Barber Street, Sebastian, Florida 32958 (hereinafter collectively referred to az 'Guarantors'). WiTNESSETH: WHERF. a~, the City opera~ a municipal golf comse, the facilities of which include a clubhouse and snack bar, and .,. WHEKEAS, the City desixes tlmt a food service concession be made available within the clubhouse and snack bar facilities to provide food and refreshments for the better accommodation, convenience and welfare of the general public ming said golf course; and WHEREAS, Concessionaire possesses substantial experience in the food service industry; and WHE~, the City and Concessionaire desire to enter into an agreemen~t whereby Concessionaixe is granted the exclusive right to provide food sexvices in the clubhouse and snack bar facilities located on the golf course; and WHE~, Guarantors have a financial interest in Concessionaire and desire to induce the City to enter into this Agreement with Concessionaire by providing the guarantees set forth herein. NOW, THEREFORE, in consideration of the premises, the covenants, terms and conditions to be performed as set forth hereinafter, the receipt and sufficiency of which are hereby acknowledged, the parties hereto have agreed and do agree as follows: 1. LICENSE: Subject to the terms and conditions set ford~ in this Agreement, the City hereby grants to Concessionaire an exclusive, nontransferable and personal license to operate a food service business in fl~e clubhouse and snack bar located on the City's municipal golf course, as more particularly described in Exhibit "A" attached hereto and by tiffs reference incorporated herein (hereinafter referred to as the "Concession Facilities"). B:\C~IZASKWPD 2. TERM: ,The .term of this ~ent shall be for five (5) years commencing on. .. ,-'~:,~.~ ~ 1994 and ending on -" :-, :; . ~ : . - ... '. ,'1999, zmless earlier telaninated as provided herein fthe 'Term'). So' long as'Concessionaire/s not/n default of any condition or covenant provided herein, Con~onaire ~ have the option ~o renew this ent for one (1) addition ($) ycar od (the 'Ordon Term') by the City with writtam notice of Goncessionair~'s decision to exercise said option sixty (60) days prior to the expiration of the current term or option term ~ (60) days, as the rose may be. Following the expiration of the final option te~m, tMs Agreement, and the Agreement shall not be ~ec6ve unless the electing p~rty shall ghee, the ~on-electing ]ratty written of lea~t sixty,(60 days) days prior ~o the effective date of --~.~~ '~".:':-'. .... ~ ~':~";~,~-~ -(n) Basic coneession fee: Goneessionaireherdryagmes tolmythe 'City, in ~urn'for the tietmse granted herein, the basic concession fee of fifteen thousand ($I$,000.00) dollars l:e.r Ye~ ($7.58 per ~quare foot times 1980 ~quare feet), payable in ' eqmil m°nthlyin~Ilments of one thousand ZWo.hundred and fifty ($t,~$0.00) each, on the flrstdayofeach calend~rmonth commeneingon · -~ ..""'~' ':. " .~ 1994and continuing on each successive month thereafter for as long as this Agreement remains in effect. Any payment not received by the first of each month shall be subject to a late fee of 1.5% of the ~mount due per month until paid. .: .- ,.. · (b) Adjustments to basic concession fee: The basic cox~cession fee shall be adjusted at the end of ead~ five year term, for the subsequent term, by_ the average of each annual Consumer Price Index (CPI) increase.for all urban consumers for the southe~l~ region as published by a national financial newspaper, such as the Wall Street journal, for the previous five year period. Additionally, if the City expands the restaurant · area, the basic concession fee shall be increased by the then-current square.footage charge multiplied by the additional square footage of restaurant.area added.: ~ _. '.,. .... : ..... "· ~,":':.,~ ..... :~ :' . -:-~ :". '(c) Alcoholic beVerage. _~ross receipts vercen~ge fee: In additionto the basic concession fee set forth above,-Concessionaire shall pay to the City, on a monthly basis, ten percent (10%) of Concessionaire's alcoholic beverage gross receipts (sales less sales tax) as determined under and according to the terms set forth in Paragraph 60) of this Agreement. 4. USE OF EOUIPMENT: Concessionaire shall be entitled to use the equipment provided by the City and listed on Exhibit B wl6ch is attached hereto and incorporated herein by this reference. B:\GCLFASIiWPD l~ge 2 Concessionaire shall maintain all equipment used in the operation of the Concession Facilities, whether such equipment is owned by the City or by Concessionaire, subject to normal wear and tear. Concessionaire shall indemnify the City against any loss, theft or damage of the equipment provided by the City when said loss, theft or damage is the result of the fault or negligence of Concessionaire, its employees or agents. Concessionaire shall promptly repair or replace equipment wkich is lost, stolen or damaged within five ($) days of such loss, theft or damage. Upon the expiration or termination of the Agreement, Concessionaire shall return to the City all equipment listed on Exkibit B. Concessionaire agrees to pay the City an amount equal to tAe current replacement price of each item not returned, or returned in an unserviceable condition, ordinary wear and tear excepted. In the event of the termination, or upon the expiration, of this Agreement, the City shall have the first option of purd~asing, for an amount ascertained by negotiations, any or all of the property belonging to Concessionaire and used by Concessionaire in the performance of its obligations hereunder, including but not lhnited to, furniture, furniskings, equipment, utensils, food, beverages and miscellaneous supplies on hand, but not including property initially supplied by the City or property purchased by Concessionaire to replace property initially supplied by the City, all of which shall remain the property of the City, wlfich option shall be exercised by the City witlfin tlfirty (30) days prior to the date of the termination or expiration of tlts Agreement. Concessionaire shall conduct a physical inventory of all Ciry-owned equipment on September 30 each fiscal year and report same to the City not later than the tenth ( 1 O) of October. Concessionaire shall also have the exclusive right to use and to exercise control over any and all vending machines located in or about the Concession Facilities wlfich dispense food or beverages. The City shall be responsible for all maintenance, repair and replacement of Concession Facilities, such as but not lhnited to, air conditioning and heat units and roof except for repairs made necessary by the fault or negligence of Concessionaire, its employees or agents. Concessionaire shall be responsible for all maintenance, repair and replacement of operating equipment used in the operation of a food and beverage business. 5. CONTINUOUS OPERATION: Concessionaire shall operate a food service business in the Concession facilities seven (7) days a week, inducling all holidays except CluSsunas, during the normal hours of operation of the golf course. Concessionaire shall have the option of opening the Concession facilities, or remaining open for business, on those days the golf course is closed due to inclement weather. Concessionaire shall open the Concession facilities for business one- half (1/2) hour prior to the first tee thne and close no earlier than one (1) hour after the course is closed to the public. Concessionaire shall ensure that food services shall be available for tournaments, special events and meetings. Concessionaire may operate a golf cart as a hospitality cart at such times and h~ sud~ a manner as mutually agreed upon by the Concessionaire and the City, with the fee for use of such cart included in the basic concession fee. 6. OPERATION AND MANAGEMENT: B:\C-CLEAS~iWPD Page3 --1 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: November 7, 1994 Mayor Firtion, City Council Members, city Manager, City Attorney Kathryn M. O'Halloran~,~~ City Clerk 11/9/94 Agenda Item No. 94.278 - Golf Course Restaurant Lease Agreement - DTF, Inc. It was brought to our attention today that page 3 of the above referenced lease agreement is missing in your agenda packet. Please insert the attached page between pages 76 and 77 of your packet. sam I I i I I (a) Standards of operation,: Concessionaire shall operate the Concession facilities in ,~ businesslike manner appropriate to the ira.ge of a golf course operation. The operation of the Concession facilities shall be conducted in an orderly manner, without unne~ry disruption to the golf course o~tions. The City hereby reserves the right to review and give final approval, through the City Manager or his designee, on all facets of the operation of the Goncession facilities, including, but not limited to, cleanliness, decor, entertainment, menu, prices, hours of operation, parking and employees. (b) ~ Concr. ssionaire's president shall be available during hours of operation and shall act,s manager of the Concession facilities. If C. on~sionaire's president shall at any time be absent from the Concession facilities during hours of operation. Concessionaire shall designate"a facilities manager to act in Concessionaire resiaen esph ' ~ .. ~.~_:. '": . -..~ (c) ~ Concessionaire shall bear sole responsibility for the continuous sra~iug of the Concegsion facilities. Concessionaire shall ensure that sufficient tanployees are on hand at all times to provide outstanding service to the public. Con~ee~sionaire shall x~ulate Concessionaire's employees so that they will be courteous and helpful to the public Concessionaire shall have the exclusive duty and right to retain and terminate emp!oyees provided, however, that the City shall have the fight to require 'Con~.ssionaire ~o replace any employee who is abusive, under the influence of or who habitually uses alcohol or drugs, or who is afflicted by diseases, or whose conduct or appearance otherwise detracts from the Concession facilities' reputation and profitability. Con~-~ionaire hereby agrees to adhere to the City's Drug Free Workphce Policy, Exhibit C, in the operati?mof the Concession facilities. (d) Menu: Concessionaire shall provide the publi~ wis food and drink ora high standard, equivalent in quality and price to that generally furnished to the public at similar places of comparable size and scope in .the City and surrounding areas. Prices for all food and drink items shall be posted in a conspicuous place in the Concession facilities. Concessionaire shall also post, in a conspicuous place in the Concession facilities, a notice which identifies Concessionaire as the owner and operator of the concession. An identical notice sl~ll be included on Concessionaire's menu. (e) Cleaning; Coneessio~alre shall keep all fixtures, equipment and personal property wl~idx are located in the Concession facilities, whether owned by Concessionaire or the City, in a dean, sanitary and orderly condition at all times, and conduct the food service operation strictly in accordance with all applicable rules, regulations and code requirements including, but not limited to, the Health Department, Indian River County unit_ Concessionaire shall also be responsible for maintaining the floors of the kitchen, storeroom and dining areas in a dean and orderly state. In the event Concessionaire violates any HeaRh Department rule or regulation, the City may, at its option, take any steps it deeans appropriate to cure said violation, and Concessionaire shall reimburse the City for any and all expenses incurred by the City in doing so. Concessionaire B:\GCIFAEEWPD shall be responsible for the storage and collection of solid waste which costs are included in the basic conce~on fee. Concessionaire may, with the concuxrence of the City Manager · or bis designee, select ~ site on the golf course proper~ for storage of such solid waste. (f) ',,Compliance with laws: Concessionaire shall comply with all requirements of any of the duly constituted public authorities and with the terms of any state, federal or local law, ordinance or regulation applicable xo Concessionaire or Concessionaire's use of the Con~sion faeillties, and indemnify, defend and hold the City hamfl~ from ixmalties, fines, costs or damages resulting from Concessionaire's failure to so comply. .... · - ..... ' z-.. :.'.., (g) Alcoholic beveraee license: Concessionaire shall secure and n~in~'~' :'SAX liquor license from the l~orida Depaxtment of Business Regulation, lDtvision of Alcoholic Beverage~ and Tobacco. Said license in non-transferable and reverts to the City upon expiration or .texmlnation of the Agreement. (h) Licenses and permits: Concessionaire shall be responsible for and shall secure the necessary .permits and licenses required for the operation of the Concession ~aeil!ties. ' ;:. '." ': (i) Books and records: 'Concessionaire shall maintain, during the Term 0fthis omomafily maintained in similar type opexations. 'The loan of all such records and repons shall be subject to the approval of the City's auditors. The City or its agents may audit or examine all records relating to Concessionaire's operation during Concessionaire's normal business hours. O~ or before the tenth (I 0th) .day following the end of each calendar month throughout the Term of the Agreement, or renewal or extension thereof, Concessionaire shall furnish to the City's Finance Department and Golf Cours.g Manager a report of gross receipts earned on the sale of alcoholic beverages during the preceding calendar month, on forms approved by the City. 'The said repons shall be signed by Concessionaire who shall certify the accuracy of such repons. Montlfly gross receipts percentage fees due pursuant to Paragraph 3 (c) of this Agreement shall be paid with the submission of these repons. Concessionaire shall submit to the City's Finance Department a quarterly financial report detailing the alcoholic beverage purchases and sales occunin§ during said period, prepaxed bya certified public accountant. Concessionaire shall permit, at any time and at the Citers ~pense, a report to be prepared and certified by an independent cenifled public accountant, as to the correct amount of gross liquor receipts per month arising from said operation; which shall be prepared in conformance with the American Institute of Certified Public Accountants requirements for 'Spedal Repons.' Concessionaire shall pay all costs associated with said report in the event that Concessionaire's quarterly report varies by more than three percent (3%) of the report prepared by the City's independent certified public accountant. Concessionaire hereby agrees that it shall keep and preserve for at least three (3) years, all books and records of business activities transacted during the Term of this Agreement, or renewal or extension thereof. ~-CIF_A~EV/PD :P.",ge 5 (j) Im__~provements: Concessionaire shall have the right to improve the Concession facilities, subject to the approval of the City Manager or his designee. All i co~ of any imp ..ro~... ents shall be bome by Concessionaire. All improvements made to the Conce~on facilities shall become the propex~ of the City upon their construction or ~tiom Major remodeling or expanaion slx~11 be coordinated with the City. (k) Debts and obli~tions: Concessionaire shall pay.promptly when due all bills, debts and obligations inaured in .connection with the operation of the Con~sion facilities, including social security and income tax widxholdings for and from its employees, and shall not pernfit such debts or obligations to become delinquent.and shall suff~ no hen, mortgage, judgment, execution or adjudication in bankruptcy which will in .any ,.w~y, impair the rights of the City under this Agreemem. . · 7. UTILITIES: . ......~. ...:.......~ "., . , - - - . ,.. ,... · .., :- .. Concessionaire shah be responsible for and shall pay all costs associated with pest control and ~tion services. Concessionaire shall be responsible for and slmll pay all of its telephone expenses. Electricity, water, sewer and garbage collection at present levels of .existing service on the date of this Agreement are calculated and included in the basic concession fee. The City, while providing water, does not guarantee its quality. Should reasonable quality municipal, County or private water and/or sewer services become available at the Concession fac/lities, the Cono-ssionaire shall be required to connect to said system in acoardance with aPplicable rules, regulations and policies. In the event that electric, water, sewer or garbage collection shall be separated into individual accounts for the City and the Concessionaire, the basic concession fee shall be reduced by a mutually agreed upon amount and Concessionaire shall pay its own utilities expense. 8: TAXES: Concessionaire shall pay, or cause to be paid before delinquency, any and all taxes levied or assessed which become payable during the Term of tl~ Agreement, or renewal or extension d~ereof, upon all of Concessionaire's equipment, furniture, ~ and any other personal property located in the Concession facilities. In the event any or all of Concessionaire's improvements, equipment, furniture, fixtures and other personal property sl~ll be assessed and taxed with the real property, Concessionaire shall pay to the City its share of such taxes applicable to Concessionaire's property. Concessionaire shall pay all sales and use taxes relating to the Concession facilities, and for any improvements thereon, which might arise or become due during the Term of this Agreement, or renewal or extension thereof, and Concessionaire shall indenmify, defend and hold the City harmless against the same. B:~3CIZASEWPD 9: INSURANCE: (a) Workers Compensation Insurance: Concessionaire shall provide and keep in force at its own expense such workers compensation as required by Florida Statutes. In the event Concessi~ or the City undertakes to improve or remodel the Conce~on fac~ies, Concessior~i,e shall provide and keep in force at its ow~ expem¢, workers compensalion insurance on all pe~onnel engaged in such aciivities and shall require any and all subcontractors u~ Im~vide workers compensation insurance f~r all of said subcontractor' employees who are engaged in such work, unless such employees are II covered by the protection afforded by Concessionaire's insurance_ Concessiolaqlre shall indemnify, ~d and hold the City lumnless farm any and all claims or lawsuits resulting (b) Liability_ lnsttranee: .Concessionaire shall provide and keep in i~orce, at Concessionaire's own e.~. ' e, public liability and pzoperty damage insurance coinage with the Con--on ac i .and all imlxoVements made thereto. The insurance coverage to be provided by Concessionaire shall contain limits o£ not less than. five hund~ thousand doll~ ($500,000.00) tx iniury or death o£any one pe~on and one million dollars ($1,000,000.00) {or injury or death for any one accident, together with one m~lllon dollars ($1,000,000.00) for damage to property. (c) .Contractual Liabilit~Insurance: Concessionaire shall provide and keep in fore at Ccmeessionaire's own expense, contrac-,~l liability insurance .covering all liability arising out of the ~nns of this ,Agreeraent. (d) Liquor 'Liab~.~.. insurance: 'Concessionaire shall provide and keep in force at Concessionaire's own expense, liquor liability insurance containing limits of not less than one willlon dollars ($1,000,000.00) ~ occurrence. . (e) Mist-ellan~: Concessionaire shall furnish certificates of such insurance and copies of insurance polities to the City Clerk, 1225 Main Street, Sebastian, Florida 32958, atleast fi~en (15) days prior to the commencement of opera .ti'om under this Agreement, and annually thereafter. Said certificates shall dearly name the City as an additional insured, and shall contain a clause spe~if3~ng dlat the insurance carrier shall be obligated to advise the City in writing at least flfirty (30) days in advance prior to the cancellation of any coverage~ The City reserves the right to annually review and revise any policy of insurance required hereinabove, however any increase in amounts or types of coverage shall not be unreasonable or excessive. 10. 'INDEMNITY: Concessionaire shall indemnify, defend and hold the City harmless against and from any and all claims, costs, damages, judgments, expenses and attorney's fees incurred by the City arising from Concessionaire's use of the Concession facilities or from time conduct of Concessionaire's business or from any activity, work, other firings done, permitted or suffered by Concessionaire or Concessionaire's employees, guests or invitees in or about the Concession ~adlities; fi~m Concessionaire's failure to comply with any law, rule, regulation or order of any governmental authority; from any and all claims arising from any breach or default in Uae performance of any obligation on Concessionaire's part to be performed B:~GClZASEWPD I I i i I I under the terms of tiffs Agreement; or, from any employee, guest or invitee of · Gcme~e~ionaire, and, from all costs, attorney's fees and liabilities incurred in the defense of any such claim or action or proceeding brought thereon. Concetaionaire, as part of the consideration to the Gity, hereby'assumes all risks of damage to the property or injtuy to persons in, upon or about the Goncession facilities, from any cause other than the Git)es ~ or intentional acts; and Gone~-~sionaire hereby waives all claims in respect thereof against the Gity. Concessionaire shall give prompt notice to the City in case of casualty or accidents in or about the Concession facilities. 11. ENTRY BY THE CITY: The City reserves, and sludl at any and all times have, the right to enter the Concession fae~llties to inspect the same. The City also reserves the fight, from time to time, at the City's own expense by its officers, agents and contractors, to make such renovations, repairs, or changes~ about and to the Concession facilities, other than those repairs or im~ents un~ by Goncessionaire herein, as the City deems desirable, including renovation/replacement of the existing Goncession facilities with new Concession facilities. Concessionaire hereby waives any claim for damages or for any injury or inconvenience to or interfermace with Concessionaire's business during such renovation, repairs or changes; provided, however, that concession fees shall be abated for any period during which Concessionaire is prevented from conducting Concessionaire's business due to such renovations, retmirs or changes. 12. DEFAULT BY CONCESSIONAIRE: The occ'urrence ,of any of the following sl~ll constitute a default by Concessionaire: (a) Institution by Concessionaire or Guarantors of a:voltmtary proceeding in bankruptcy; (b) Institution of an involuntary p~oceeding in bankruptcy against Concessionaire or G,,*~antors ffsuch proceeding continues for a period of ninety (90) days; (c) Assignment by Concessionaire or Guarantors for the benefit of (d) Abandonment of die Concession facilities which abandonment shall be Concessionaire's absence from the Concession facilities or the cessation of business in said Concession facilities for a period of seven (7) days or more; discontinuation of Concessionaire operations hereunder, (e) Nonpayment of any sum due hereunder, when such nonpayment continues for a petiod of tl~rty (30) days after the due date for such payment; B:\Gari.F.~KWPD (0 Nonperformance by Concessionaire of any covenant, term or condition of this Agrcexnent; or any other action or inaction constituting a breach of this Agreement and the failure by Conce~/onaire to ettre ~ah nonpedormance or breach within m thirty (:30) days or--ga notice to cure from the City; (g) The ctmcluet off--ess or the meaxahandising ofany produ~ or service by Concessionaire not specifimlly authorized herein; (h) A final judicial determination that any litigation instituted by Concessionaire against thc City was groundless or frivolous to the extent that attorney's fees may be awarded pu~uant to Section 57.105, Florida Statutes; . .:.;, {i) The lal~e, suspension or revocation of any of Concessionaire's alcoholic beverage license, 'or other'license or permit required to operate the Gonce~ion fadlities; .. - (j) The issuance by the City, pursuant to Paragraph 13 below, of · three ($) or more notices of breach within any twelve (12) month periocL 1:3. REMEDIES OF THE CITY: In the event of any default as described ab°ve or breach by Concessionaire, the City shall provide wti~n notice to Gonces~ionaire of such default or breach and the Conce~_~sionaire shall have fifteen (15) days within which to cure such default or breach. In the event Conce~onaire fails to cttre tafid defattlt or breach within said Fifteen (IS) day period to the satisfaction of the City, the City may, at any time thereafter, at its sole discretion, with or without notice Or demand and without limiting the City in the exercise of a right or remedy which the City may have by reason of such default or breach: (a) Terminate tlfs Agreement, in which case Coneessic~naire shall immediately vacate the Concession facilities and the City .shall be entitled to recover ~rom Concessionaire all damages incurred by the City by reason of Concessionaire's default includin& but not limited to, the cost of recovering possession of the Concession facilities, necessary costs for the renovation and alteration of the Concession facilities and reasonable attorney's fees; (b) Pursue all other remedies now or heminafiexavailable to the City under the laws or judieial decisions of the State of Florida. 14. CONCESSIONAIKE'S RIGHT TO TERMINATE: Concessionaire shall have the right to terminate tiffs Agreement upon thirty (30) days advance written notice to the City upon the occurrence of any of the followin~ (a) Issuance by a court of competent jurisdiction of any permanent injunction substantially restricting the use of the Concession facilities for commercial B:~EWPD l:~ge 9 I i I I I I. .~. I I I I purpos~ when said injunction remains in force for ninety (90) days or more; ~,~.-,~., . ,; .... ,, . : · .- :',. ~:~ ,;.*:. :.,' ;: ;~:. (b) Abreach bythe City of any of the ms or conditions ofthi~ Agreement and failure by the City w nmaedy such breach dating a period of thirty (30) days after xece/pt of wfirren iaotice of the existence of such breach; .,~' ~- :. :-. .... {c) The assumption by ~he Unit~l Stat~s Government or any agency thereof, or any other gow. rmnental agency, of the ~tion, control or use of the Conc~ssion ~cilities or any substantial ~ th~l~of in .such i manner as m Substantially resuict Concea~onaire's opemllons fora period of ninety (90).day~ Or more. :'.'-" .'- - t5. DAMAGE TO CONCESSION F.A..C. ILITIES:-:;~.,~.. ~c,:;~:,::' h;: .r;, ~:...:.-~ .~;.,..~, ~',:;: '~ ...... ~"~"'~'~ !~:!'~' i,.l C~..t.,iF, i-' .... .~ ,'vT: 'J'~' .,,, ., ~In xhe event thatxhe 'Concession Facilities are destroyed or damaged by fire or other casualty so as to render the Concession facilities urffit for their intended use, this Agreement shall.be suspended until such time as the Concession facilities are a~in rendered {it for their intended use_ The City shall be under no obligation tb rebuild or xepair the Conc~ssion-Facilities in theevent they are damagedor destroyexL In the event xhe '.-City.elects not to rebuild or repaix the Concession fadlities, it shall notify ,Concessionaire of same and, upon furnishing such notice, this Agreement shall terminate. 16..~.ACATION OF CONCESSION FACILITIES: On the expiration or other telmination o£ fltis Agreement, for any reason whatsoever, Concessionaire sl~ll vaea~ the Con~sion £aeiliti~s and shall leave the 'Concession £adlities in ~ ~.~cler, condition and repair, except for reasonable wear and use thereo~. 17. RIGHT OF INIUNCTIVE RELIEF: ..' In the event of a breach or threatened breach by-any party of any of the covenants or provisions hereof, the non-breaching party shall have the right of injunction and the fight to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. · . ,.,- .~-., ~:., ,' ~.~, :, ,.-.~.;~,..,~, . 18. RIGHTS NOT EXCLUSIVE: No fight or remedy herein conferred upon or reserved to any party is intended to be "exclusive of any other fight or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 19. RIGHT OFASSIGNEE OF CITY: The fight to pursue the remedies herein provided against the Concessionaire and to enforce all of the other provisions of this Agreement may, at the option of any assignee of this Any notice, report, statement, approval, consent, designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mall with po~ge pretmid) to the other party at the address given below:. A--ntion: City Manager 1225 Main 'Street Sebastian, Florida 32958 Guarantors: DTF, Inc. ........ 1055 Barber Street Sebas~n,'Florlda 32958 Dennis R. and Th~ L. Fink 1055 Barber Streez Sebastian, Florida 32958 provided, howevex, that any party may designate a differ address from time to lime by giving to the other parties notice in writing of the change~ Concession fees to the City shall be made by the Concessionaire at the address listed above. 25. NONDISCRIMINATION: The Concessionaire,for itself, its ~ representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, age, race', color, or national origin shall be excluded from participation in, denied the benefits of, or be othenvise subject to discrimination in the use of the'Concession fac/lities; (ii) 'that i~. the construction of any improvements on, over or under the Concession facilities and the fttmishing of sexvices thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to disaimination. 26. 'HEADINGS NO PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of tkis Agreement nor shall they affect its meaning, construction or effect. 27. SEVERABILITY: Ifa provision of tlxis Agreement is held invalid, it is hereby agreed that all valid provisions that are severable from the invalid provision remain in effect If a provision in this B:\GC~.ASEWPD Page 12 Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. 28. CONTAINS ALL,,,AGREEMENTS: It is expxe~ und~ and agreed byand among the parties hereto that tl~ Agreememt, including the Exhibits, sets forth all the promises, agreements, ~nd conditions or understandings between the City, Concessionaire and Guaran~ relative to the Concession Facilities, and that there are no other promises, agreements, conditions or understandings, either oral or written, among them other than are herein set forth. It is further Understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the City or Concessionaire unless reduced to writing and signed by them. 29. ASSIGNMENT: Concessionaire shall not assign Concessionaire's rights and obligations under this Agreement without the writt~ consent of the City, which may be denied for any reason by ,e. City. :." . 30. HEIRS AND ASSIGNEES: All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of 'said parties; and ff there shall be more than one Concessionaire or Guarantor, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word 'Concessionaire' or 'Guarantors' shall be d~emed and taken to mean ead~ and every pe~n or party mentioned a.s a Concessionaire or Guarantor herein, be the same one or more; and ff there shall be more than one Concessionaire or Guarantor, any notice required or permitted by the terms of this Agreement may be given by or to any one thereof, and shall have the same force and effect as ff given by or to all thereof. The words "1~' and "him' or"its" wherever stated herein, shall be deemed to refer to the 'City', 'Concessionaire', or 'Guarantor' whether such 'City, Concessionaire, or Guarantor be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of Concessionaire unless the assignment to such assignee has been approved by the City in writing as aforesaid. 31. CONCESSIONAIRE FORBIDDEN TO ENCUMBER CONCESSION FACILITIES: It is expressly agreed and understood between the parties hereto that notlfing in tl~s Agreement shall ever be construed as empowering Concessionaire to encumber or muse to be encumbered the Concession facilities in any manner whatsoever. In the event that regardless of Otis prohibition any person fumislfing or dain~ing to have furnished labor and B:\GCLFA~EWPD materials at the request of Concessionaire, or any person claiming by, through or under Concession, shall file a lien against the Concession ~acilities, Con~,:sionaire shall, within thirty (30) days after being notifled thereof, cause such lien to be satisfied of record or cause the Concession facilities to be released therefrom by the posting of a bond or other security ~s prescribed by law, or shall cause same to be discharged ~s · lien ~gainst the Concession facilities by ~n order of~ court having jurisdiction to di~ such lien. In the event the lien is not diselmrged ~s required above, the City xr~y ~dvamce funds neeeS~ry to discl~rge the lien .nd recover.ny ~mounts so l~d from Conce~onaire. ~2. FAA APPROVAL AND REGULATION: ~onaire ~nd the City' acknowledge that this ~ent may be subje~ to &pproval by the Federal Aviation Administration ('FAA'). The parties, therefore, agree that in the event FAA approval is required and the FAA refuses to either grant its approval or issue a letter of no objection with respect to this Agreement, the parties shall modify the terms of this Ag~ement in the manner and to the extent necessary in order to obtain the FAA's approval. In the event any such modification would seree to materially increase the obligations of a party hereunder, the affected party may terminate this Agreement upon giving ~hirtY (30) days advance notice to the non-affected party. 33. iDIVI$iON OF ALCOHOLIC BEVERAGES AND TOBACCO REGULATION: ConCeSsionaire and the City acknowledge that in order 'for Concessionaire to secure and maintain the alcoholic beverage licenses required hereunder, this Agreement must comply with certain regulations of the Florida Department of Business Regulation, Division of Alcoholic Beverages~and Tobacco. The parties, therefore, agree that in addition to those rights previously granted to Concessionaire herein, Concessionaire shall have access to the entire golf course and all £acilities located thereon to the extent necessary to secure and maintain the required alcoholic beverage licenses. Concessionaire shall also have the right to refuse to sell alcoholic beverages to patrons of the ~olf .course, or its facilities~ The. City hereby agrees to prokibit, on the golf coua~e and in all facilities located thereon, the possession or consumption of alcoholic beverages not sold by Concessionaire. 34. 'PERSONAL GUARANTY: (a) Guaranty. Guarantors, jointly and severally, do hereby guarantee onto the City the full, complete, faittdafl and timely performance of each and every of the obligations, covenants and agreements which Concessionaire is required to do or perform or cause to be done or pedormed from and after the execution of this Agreement and for so long as said Agreement remains in effect including, but not limited to, the payment of all concession fees and off,er sums required to be paid pursuant to this Agreement. (b) Enforcement: The City shall have the right to proceed against Concessionaire without first proceeding against Guarantors, and shall have the right to :~C, CIF2,SEWPD Page 14 I i I I I I i I i i i i I I I i I pmceefl against an individual Guarantor without proceeding against Concessionaire or the other individual Guarantor, and the city shall, and does have the right to, release Concessionaire or an individual Guarantor from any and all liability under this Agreement or under this Paragraph 34 and the same shall not in any way prejudice the right of the City against Concessionaire or the other Guarantor not so released. (c) Defenses: No defense which Concessionaire or an individual Guarantor may have with respect to this Agreement (including, but not limited to, any defense based upon or ar/sing from any insolvency or bankruptcy or otherw/~e) shall operate as a ddense with respect to the other Guarantor, the other Guarantor remaining fully liable hereunder to the city. Nor shall any waiver by the City of any of the obligations of Coneessiouaire or the modification or amendment of this Agreement in any manner by the City and Concessionaire operate to release Guarantors/rom any obligations or liabilities under this Agreement; Guarantors"being bound by, and deemed to consent to, any such waiver, modification or amendment (d) Notice: Guarantors shall be deemed to have notice o£ any mane~ or ding as to which Concessionaire has notice. Guarantors hereby waive any right to notice or any matter or thing as to which Concessionaire is not entided to notice under tl~ Agreement. (e) Remedies Cumulative: The fights and remedies o£ the City under tlfis Paragraph 34 are in addition to and not in lleu of the City's rights and remedies provided by law Or under other provisions of this Agreement in the event of a dehult by Concessionaire. B:\~EWPD IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above writte~ Attest: CITY OF SEBASTIAN 'Ka .rl}z~. M., O'Halloran, Arth~ L. 'Firtion, Mayor CMC/AAE City Clerk .(s~L) Approved as ~ form and 'content: CONCESSIONAIRE: DTF, INC. BY: Clifton & McClelland Jr. City Attorney Dennis'l~ F'.mk, President GUARANTORS: Dennis tL Fink Theresa L. Fink B:~$KWPD l:~ge 16 I I i I i I i I I I I I I t>RO-SRoP 7~ ~o m i I I i I I GOLF COURSE RESTAURANT EOUIPMENT APPENDIX A HICROWAVE OVE~ SIEAHTABLE ICEHAKER I10! DOG STEAHER REFRIGERATOR SA~DWICII TABLE ZENIiIi TELEVISION CASIt REGISTER HOBILE BEER COOLER REFRIGERATOR HEAT SLICER SIOVE IIOOD FAN ICE BIN IRAI)LSEN FREEZER TABLES AND CIIAIRS POIS/PANS- ~,~T~ PICNIC TABLES TWO KEG BEER COOLER BOTTLE COOLER BAR. SINK ~COUNiER TOP ELECTRIC GRILL COUNTER TOP ELECTRIC FRYER BLENDER ~EVISED JAN., 199q INVENTORY GOLF COURSE RESTAURANT/CONCESSiON LEASE WORKSHEET . ...':.,i.:,::.'::'_ ........ ., MONTHLY RENT 8~. PIeR MONTi-! ..... 82,784.00 iO%-UQUOR SALES" ' - COMMISSION -" -- '- 6,500.00 u'rlLmES AT $900 mo.' 10,800.00 60% OF .TOTAL TOTAL _$20.084.00. DIFFERENCE UTILITIES AT 1/3 OR 33.3% OF TOTAL . I I I I I .I "1 $5,994.00~ I j$5,o~.o~ $910.00 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Resolution R-94-62 Approval For Submittal By: · City Manager ~f~ ~-~ ) ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: CM Joel L. Koford Date Submitted: 11/03/94 ForAgenda Of: 11/09/94 Exhibits: R-94-62 EXPENDITURE I REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The attached Resolution R 94-62 has been prepared by the City Attorney in compliance with previous Council direction. The Resolution removes religious and other non profit organizations from a favored status and requires a uniform application of the City's fee schedule for building, construction and site plan review permits to all applicants. RECOMMENDATION Staff recommends approval. RESOLUTION NO. R-94-62 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, GOVERNING THE ISSUANCE OF BUILDING PERMITS; PROVIDING FOR UNIFORM APPLICATION OF THE FEE SCHEDULE TO APPLICANTS FOR PERMITS; CANCELING ANY WAIVERS OR REDUCTION FOR RELIGIOUS OR NON-PROFiT ORGANIZATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR ANEFFECTIVE DATE. WHEREAS, certain religious and non-profit corporations have had the fees for building and construction permits and site plan review waived or reduced by the City of Sebastian; and WHEREAS, the City of Sebastian finds it is in the public interest to require the uniform application of the City's fee schedule to all applicants; and WHEREAS, the City Council of the City of Sebastian, Florida, desires to establish such policy in writing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ 1. FEE POLICY. The policy establishing the waiver of permit fees for religious and non-prbfit associations is hereby repealed and all applicants for building and construction review shall the fees set out in the permits and site plan pay as Resolutions and ordinances of the City of Sebastian. SECTION 2. CONFLICTS. Ail Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION S. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The Councilmember . by Councilmember into a vote, the vote was as follows: foregoing Resolution was move for adoption by I The motion was seconded m and, upon being put m I Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1994. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney