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HOME OF PEUCAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 24, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council. limit of ten minutes per speaker (R-99-21) CALL TO ORDER 2. 3. 4, 02.081 02.082 02.083 02.084 02.085 02.086 O2.087 PLEDGE OF ALLEGIANCE INVOCATION - Moment of Silence ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majodty vote of City Council members (R-99-21) PROCLAMATIONS., ANNOUNCEMENTS AND/OR PRESENTATIONS A. Certificate of Appreciation to Corey Barbour for Planting Flowers Around City Signs B. Certificate of Appreciation to Christopher Burt for his Assistance with the Arrest of a Hit and Run Driver C. Certificate of Appreciation to Adrina Davis, David Foster, David Folkening for Their Service on the Citizens Budget Review Advisory Board D. Certificate of Appreciation to Jean Vesia for Her Service on the Planning and Zoning Commission E. Relay for Life Recognition F. Municipal Clerks Week Proclamation G. Nurse Week 2002 Proclamation 02.088 02.089 7. 8. 02.090 1-20 02.091 21-46 9. 10. 11. 47-58 02.077 59-124 02.092 125-128 02.093 129-144 H. Pledge of Civility Proclamation I. Susan Bisno, A T & T Broadband CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Recreation Service Provision (City Manager Transmittal 4/16/02, Analysis, Facility Use List, Memo) B. Vessel Mooring within the City Limits (PD Transmittal 4/18/02, Exhibits A-G) CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mr. Barczyk B. Mr. Hill C. Mr. Majcher D. Mr. Coniglio E. Mayor Barnes CONSENT AGENDA All items on the consent agenda are considered 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 - 4/10/2002 Regular Meeting Authorize Roadside Mowing Services Agreement between BK Maintenance of West Melbourne and the City of Sebastian in the Amount of $49,578.86 (City Manager Transmittal 4/18/02, Agreement) Resolution No. R-02-18 Transfer of Cable Franchise (GSA Transmittal 4/11/02, R-02-18) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE TRANSFER OF CABLE FRANCHISE PURSUANT TO A T & T MERGER WITH COMCAST; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-02-19 Huddy Vacation of Easement (GMD Transmittal 4/16/02, R-02-19, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CiTY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 15, BLOCK 264, SEBASTIAN HIGHLANDS UNIT 10; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 2 02.053 145-148 12. PUBLIC HEARING Procedures for public hearing~; (R-99.21) Mayor opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public input - Limit of Ten Minutes Per Speaker Staff Summation Mayor Closes Hearing Council Action Anyone wishing to spea~( is asked to sign up before the meeting, when called go fo the podium and state his or her name for the record A. Resolution No. R-02-17 Authorizing the Florida Small Cities Community Development Block Grant Neighborhood Revitalization Application (City Manager Transmittal 4/18/02, R-02-17) A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF SEBASTIAN'S FISCAL YEAR 2002 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REVITALIZATION APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. 13. 14. 02.014 149-166 15. 16. 02.094 167-174 02.019 175-180 02.044 181-204 B. Authorize the Commitment of a $300,000 Match from the City of Sebastian's FY 2002 Budget for the Louisiana Avenue Area CDBG Improvement Program INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months ~wwhich is not othen4,ise on the agenda, sign.up required, limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATiONS A. Planninq and Zon n,q Commission Interview, Unless Waived and Appoint One Regular Member Position (City Clerk Transmittal 4/15/02, Applications, Ad, Member List) OLD BUSINESS NEW BUSINESS Reading of Ordinance No. O-02-10 Laurel Preserve PUD (GMD Transmittal 4/12/02, O-02-10, Conceptual Plan, Map, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE DAVIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO PROVIDE FOR 96 SINGLE-FAMILY DWELLINGS AND RENAMING AS LAUREL RESERVE PUD; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. Authorize Work Authorization #3 to Kimley Horn & Assoc. up to the Amount of $12,500.00 for Engineering Services for Riverview Park Expansion (Engineering Transmittal 4/18/02, Work Authorization #3) Authorize Staff to Enter REG Architect, Inc. Contract in Amount of $55,000.00 with the City of Sebastian for Spatial Analysis and Study (GSA Transmittal 4/16/02, Agreement) 02.095 205-220 Discussion and Direction Regarding Police Pension (City Manager Transmittal 4/12/02, Memo, Summary, 0-02-07, Statement) 17. ADJOURN (All meeting shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THiS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE iN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Subject: Indian River County Parks & ~kp~or Su~mi~¢ty Manager Terrence R.'"lgloore r Agenda No. 0,~. 0 q ;9 Department Origin: Date Submitted: 04-16-02 For Agenda of: 04-24-02 Exhibits: Indian River County Recreation Scenario Analysis and City of Sebastian Facility Use by Indian River County EXPENDITURE REQUIRED: { AMOUNT BUDGETED: APPROPRIATION REQUIRED: I SUMMARY As previously reported to you in February 2002, City Managers/Administrators began meeting to discuss various scenarios relative to recreational service provisions in the area. Based on these meetings and the various input, the County considered adjustments in a manner in which funds are programmed and administered for recreational activities countywide. As proposed in the attached Scenario Analysis, under Recreation Reorganization Analysis - Comparison of Millage Rates for All Municipalities, Scenario 2, the County is proposing that the millage rate to City of Sebastian residents would increase by 2.3%. Also, attached for your review, is a list of current Indian River County Programs currently being provided at the Sebastian Community Center. RECOMMENDED ACTION For City Council deliberation and to provide direction in this matter. T~T~epl)o~=: (.";61) ~O~-BO00 BOAtUi) OF COUNTY COMMIS$ION~,i~S I840 2$th Street, Vero Beach, FIor!d~ 32960 FAX COVER SHEET OFFICE OF THE COUNTY ADMiNISTRATO~ DATE: Apdl 8, 2002 TO: Rex Taylor, City of Veto Beach Fax: Terrence Moore, City of Seb. Fax: Emie Polvemri, Town of Orchid Fax: Virginia Gilbert, Town of IR Shores John Little, City of FellsrnereFax: Mike Redstone, Rec. Dept, Fax: 778-3856 581-0149 589.2826 Fax: 2314348 571.1901 77B.7496 FROM: Jim Chandler, County Administrator Joseph Baird, Asst. Co. Admin. FAX NUMBER: (561) 978-1522 SUBJECT: Recreation Department - Scenario Analysis for meeting scheduled for Thursday, Apfll 11 - 2:00 p,m. Number of pages transmitted including cover sheet: 11 Recreation Scenario Analyeis Tota~ Cost ~ummary - Scenario 1' Scenario f Revenue, D~scrintlon Program A~lvi~ Fees Pool User Fees Concessions Summer Camp Other Recreation Fees Rent~ls Totl~l Revenues Status Quo Increase ....... ~Annualized) Scenario 1 ... (Decrease) $70,500 $100,315 $29,815 $160,000 $160,000 $0 $3,000 $3,000 $0 $60.000 $36,740 ($23,260) $8,500 $8,500 $0 $2,500 $2,500 $0 $304, S00 $311,055 $6,555 Exj=~ndltum. .. D~, ..., cripUen Status Quo increase (An..n...u. alized) ..... scenado 1 . (Decrease>L .Ralaries Benefits Operating Expenditures Capital Outlay Transfers to Outside Agencies $1,227,153 $1,471,839 $244,688 $379.994 $483,128 $103,134 :$432,753 $584,627 $151,874 $15,900 $15,900 $0 $~80,000 $0 ($680,000) Expenditures $2,735,800 ........$2,S55,494 ($180,306) Expenditures Net of RevenUeS r $2.431.300 .$.2,244.44~ ........ ($186,860) Non-recurring 8tartup Costs $0 $77,982 $77,982 ~otal ~nses...w/.startUp C~m ~. ' $2,736'180~~ ., $2,633,~,76' . "($102,324)'1 Expen.e. Ngtof evenue, nup,'"',... '$2,,431,$0.0 "...' . , 22:.412.2 i'.. ($108,878) unm~pom~d e~a of ~e o~n~. in ~ie ecene8o, eft indiv~uel munt~i~l~e~ ~uM ~e their ~gmms ~d ~t ~eir o~ s~ levis. This e~e~ ~ CMe~d ~ ~e u~ of se~mi ssaump~ons, ~e annual ~ Is ~o cu~nt ~r es~me~d e~n~t~ed c~ of ~g ~e N~h C~n~ ~L ~ln~ this fa~li~ has not opened ye[ am n~ exa~. in edd~, ~ p~ec~ ex, rises a~ avenues e~ only es~ma~. $~ff ~e ~d up~ O:\Oudget~eaon\~e~reati~n~,reorganlzation enaiysis 1 &2 41812002 R%mltlofl 8cenerl~ Total Co~ Detail ReoreaOOn User Fees Regular Ol~er Salarh~l~ & W~ Spec~t ~y W~affs Co~en~n Mea~ Mat~I~ Vehl~e Nl~n~ NI Tm~i Te~pho~ ~l, etu~ Quo wi Aclmlnltt~tlon Sport. PrOgrams * Pr~grems ,Mthln Summer C~mp TatS( Reva./Exp. NO. Ca. PR Costs County Reslclents ClUes Current~. in C4tle~ Scenario 1 94,000 5,828 6.862 11 5.753 1,363 27,000 7,000 2.000 44,745 (14,930) (23,260) 311,055 72,823 (2.?..732) ~M.,084 0 (1,635) 345,455 0 (2,2~) 3~,712 O B,TGO 28,530 (~0~) (~3~7) 142,838 13.0~ (2,179) (~) 91 ,~g 14,699 (1,793) (1~7) 10~,44g 3B,~5 176,~1 12,3~ (2,151) ~e) 91,19S 2,339 ..... 2,0~ 0 31,7~ 211 ,~0 8,5~ 35,5~ 0 1,~00 1,~ 2,202 0 1s,500 ~ ,4~ 7,20B 1 ,~2 2,332 4,438 14,753 0 3,~0 0 850 0 0 3,~ g,Q10 304,500 3.B,000 ~,~50 76,078 62,846 127,061 78.D48 3,300 4.140 179,800 0 1,t0o 300 40,100 4~0 10.315 4~0 3,500 13,500 150 3.~ ..~ummer Camp E. xpendltures Gomm Equ, Ip M~Int ,,, Tabi~ ~ Imprv-Exoapt Bldg CornmunlcMl~ns Equip TOtal City Of'Vem~''~, Non.meunf.,~ .gtarta~ C~ Atttlellc Equipment 6,340 6.~0 Vehl~ 41 .~ 41 ,~ ~ Equipment 4,43~ 4,438 er M ~n**~ 31 ~700 31,700 (~) ThMe ammmts am compfi~ ef geograma and summer r~mp l~t tt~ ~el;m~tlan Community Center, Pelican I~land Elementary, anO Sebastian Rivet Mk:lOle $~/.o31. PAGE 04 Recreation Scenario Analysis Total Cost Summary - Scenario 2 Soenario 2 .,~V~nue Description Program Activity Fees Pool User Fees Concessions Summer Camp Other Recreation Fees Rentals Status Quo Increase (Annualize(:]) Sc,.enari .o. 2 (Decrease $70,500 $109,504 $39,004 $160,000 $160,000 $0 $3,000 $11,800 $8,800 $60,000 $60,000 $0 $8,500 $587,900 $579,400 $2,500 $2.500 $0 $304~500 $031,704 Expenditure De~,,crl~tl ,on Status Quo Increase (Annualizqd.) Scenario 2 (Dec.[ease Salaries & Benefits Operating Expenditures Capitat Outlay Transfers to Outside Agencies Total Expendlture~ ~pe~dltures N,,e,,, $1.607,147 $3,120,805 $1,513,658 $432,753 $1.177,202 $744,449 $15,g00 $115,900 $100,000 $680,000 $0 ($680,000) ..... $2,735,90~ ......... $~,413,907 ' $1,678,107 ."-i,,,,, ::~2',43.i,300 $3,482,203 , $1,~0B0,903 Non-recurring Startup Costs 0 0 $0 Total Ex~ense~ wi startup c~ ' $2,7~'~,800 "$4,413,907 $1,67a,~07 P' IIII ,r ' ,, I ~I'" '" "' ..... ~ r ..... Expenses Net ~f.Revenue~ W/StartUP Note: This scenario aa#mate= the annual mu~l~l~s e~ ~e uni~~d e~s ~ ha~ equal e~ess ~ se~ p~d by ~e C~n~. Ex~ums e~ ~a~ ~iy, Pa~ ~mat~ ~ctli~ an~ pes~e ~a~s ~/d mmel~ under ~e c~ ~ ~e =~ under * ~ 8;~fe ~S ~d ~ ~e U~ es~ ennu~ ~o~ ~ ~emdng not exac/ in eEd~, ~e p~ ax~ses and ~ven~s em ~y esgmaMs. ~ff has m~ u~ induce p~ ~y ~e R~ ~nt and m~ ~s/~ end m~e numerous ~er essu~ns ~ e~ at the es~M above. Sala~, ~fi~, end o~r e~n~ a~ ~late~ ~ 2D01~2 In ~r ~ p~v~ an end e~ ~. O:\budge~aeon~.recmatton~eorganization analysis 1&2 4/8/2002 Rvc~at~en I~enerlo Analysts ToPOi ~ Detail - Scenario ~' NhlMIG Jqulpm~t Vehlelem 9~r . ~u,~. & City of Fetltrt'J~ 'll'otal 1,900 RECREATION DEPARTMENT STAFFING Compa~ of Soenario 1 To Current Staffing Position 'title .... BT 200?2002 Scans'rio RecreatJol;t 'Director ...... F~ I 1 upe or 0 certified Pool Operator ...... ,~. Pr 2 2 .... ,, o .l_/feguard II FT 1 1 0 Recreation Coordinator FT .. 1 ....... $ 2 ... ~ecreatton Lead'er FT 2 5 3 Recreation Operations Manager FT 1 1 0 Athletic ~uPervisor F-[ I ....... 1 ~ 1 Recreation Faciiit~ Ma r~a[ler ~.. FT Main~nance Worker. --" . .... FT .... _ ..1 .~. ' 1 Staff Assistan( Iii FT 1 1 0 Staff-Assistant ! FT 1 1 Clerk' PT 6 6 0 Li~g~,rd I ...... PT ..... 21 2l 0 Recreation' Leader PT 2 2 0 Recreation Aide PT 1 1 0 M;~lntenance Worker PT 1 ~Park At~ndan't .... P~' 1 ' '1' ID Total Part Time 31 32 Recreation Coordinator BT 5 5 0 Recreation Leader BT 30 32 2 Total Temporary 40 42 2 Total All,,Emp,!o~es , g5 107' 12 Note: Tflis table provides a comparison of current staffing levels to a proposed Reoreetion Departrnem for residents of unincorporated areas only. Several assumptions have been made/relied upon for ~he development of this table aa discussed below_ County ~teff has relied upon information provitled by each city regarding recreation expenses and sfaffing level$~ For this projection, staff' a~$urned the aeme staffing levels currently in place for the County a~d for each of the cilias. For County sta~'ng levels, new position~ for the North County Aqcuatic Fec_Jlity I15w been included and annualized in order to project operating expenses/staffing for a full year. Further, this is a projection of cost based on fiscal year 200f/2002 salary rates, benefit rates, insurance rates, and other operating cost factors~ The oalcuiation has been prepared in this manner in order to provide e comparison to currenf year budgets. C. osts in future year~ will differ due to changing rates, as weft as changing servioe levels wEhin fha deparimen~. $cenerto f i$ a projection of the oost of providing active recreation to residents of the unincorporated ureas of the County, Thi~ includes sfaff'mg and operating expenses of ;;uch programs. Under this scenario, ~e County would provide admintstrafion, operatioa, and rnairrlenence for recreation in unincorporated aree~, Each city w#l ~et its own service levels, staEl~, end opere~lr~g expenses in this scenario. O:~udgeNaaonVeczeatt~nVeorgan~atJonW~ffing levels 41a/2o02 RECREATION DEPARTMENT STAFFING Compaflean of Scenario 2 To G'~rmnt 8tefflng ~. ...... ~ ..... 1 ~ 1 ~uat~ Su~. ~ 1 1 0 F~li~ SuPews0r - ~ 1 ~ ~I 8 Ltf~u~d I .......... R~mat~ Leader' ~ 2 2 0 Me~t~n~ SuPewls~ ~ 1 1...... ~le~ ........ PT 8 .. 6 0 - L~ard ~ ...... ~ ~ ..... PT ' 2~ 2~ 0 L~erdl BT ~ "5 ' "5 '" 0 e~ree~ L~d~, BT "~ 3q,, "~ 32 m No~: This table prov/des s competition of ~nt ~teffing ie~ls ~c~ be/ow. ~un~ ~ff has ~d upon ~f~e~ ~v~d by e~h c~ ~ing ~a~n ~~ e~ staffing te~$. ~ ~ p~on, staff assum~ t~ ~ sM~ng ~ cu~nUy in ~ f~ ~n ~e County or any ~ t~ ~. F~ ~un~ stuffing le~ls, ~w ~iEona ~ ~e ~h ~n~ ~t~, and ~er ~em8~ ~t M~, ~ ~auon nas ~en p~ a ~e~on to ~nt ye~ butte. ~s~ in f~um ~a~ Maint~an~ e~ ~em~ ~ ~ ~s a~ ~effit~ ~ RECREATION DEPARTMENT STAFFING Compa~ison of soenerlo 2 TO Current 8telling C~ P~ O~,~r ' ' ,~euard~ ...... ' ~ ~ ~ e ....... ~ "' e '" u~u~, ....... ~ ~ , ............... ~ o L~ua~ Captain ' ~ I 1 1 R~ma~ L~er FT 2 ~ .......... 2 0 R~a~n o~~'M~r FT .... ~ .......... 1 ~ 0 T~n Pe~in~.~ Supewiso'r FT 1 I 1 ~ ~,sot FT ' 1 ........ I 1 IRe~aflon F~ Ma~r" Mai~n~ Worker FT 3 ....... 3 3 To~l Full T~ ........ .' ,,'" O~k ~ 6 ....... 6 0 ~~n~er/~ln~t~ .... pT'~.,~ ,,, 2, 6 ,, ":~: ....... ,: 8 6 ..... R~n ~e PT 1 ~:1 0 PT " I 1 0 ~Tu~I Pa~ ~me 31 6 0 0 37 Lff~ I ~BT 5 5 .... 0 ~netor ........ ........... ~n ~'~r BT 3d 26 6 62 32 _ ~Otal AIl'~,m~o~s ,,, , ' .... 95 .,, 63 , ,6,.~, ,I Note: This table I~r~v~le~ a (~3mperison of ought staffi~ ~le to e ~p~ ~n~ R~ ~s~ ~tow, county ~aff has ~1~ u~ in~a~ion ~v~ by ~ ~ ~t~ ~n ~ ~ e~ ~ ~ ~ ~e ~ ~ ~n d~ ~ ~d~ any ~m~$ in ~ ~a ~n ~e C~n~ or ~y ~ ~e ~s. P~ ~n~ ~ffi~ ~la, new ~$ ~ the ~ ~ m~a. e~ ~r o~ ~t ~, ~e ~eu~tl~ has b~n p~ ~ this menn~ in ~r to ~ ~8~ on · ~~ b~. ~ ~s ~ffi~ end ~t~ ~~ of ~ ~~, U~ Mei~na~e a~ opem~ ~ p~e~ ~ and ~cSi~s ~11 ~in ~ ~ ~, ~~, ~ ~ 4~2~2 Re~;r~ation Raorganb'-ation Analy~ia Comparts<m of Millage Rates for all Municipalities - Scenario 2 vs. Status Quo ~g~ ~te for c/ty of veto ~mpe~y Ownenl Inore~'e % Increase Statue Quo Seenerio 3 (DecmUe), , (Decraesel 4.088§ 4.3340 0,2455 6.0% 2.1425 1 ..4353 (0,7072) -33,0% !County General Fund Millage Rate !County M..~.T.U, Funcl Millage Rate City General Fund Millage Rate T~ M!!~laga' Ci~"& county e.23~0 ,. S.Tee3 ¢0.4e~ 7] Millage Rate ~r C~'y of sebeat~an InCreaSe % Increase Pro~erty Owner~ County General Fur~d Millage Rate County M,S,T.U. Fund Millage Rate City Qenemt Fund Millage Rate Tetai Mi._~_e City '&"county .......... . ....... M/tlega Rat&" {bt'City of Fellsmere ~/=~--operty Owners County General Fund Millage Rate County M,S,T,U. Fund Millage Rata City General Fund Millage Rate {1) ~T~?tsJ MIIIiag~.LCit]t & COMRtY , Status Quo Soenario 2 ,, ~.(_Deoraase) (Decrease) 4'.0885 4.~3340~''' 0.24~ 6,0% 4.59~ 4.~24 (0,~80) -1.0% 8.67s~ 8.87~ o.~97s 2.3% Increase ' % Increase Status Quo $oenario 2 (Deeraasel ..... (Decraaee) 4.0885 4.3340 0.2455 6,0% - tva 5.7500 4~8771 (0.872g) -15.2% , e.83S5 e,:.27. ~ 2 (0.6274) (~) 33~. Cay of Fe//amem curmnt/y is not ~evj~V~g taxes for recnmeon, however, this oeioufeel~/~ ~eeed o~ a mt~age ahange ec/ulvalent ~o the mcluct/on in net expenUtturea on recreation. Millage Rate far Town of-i~'~dian R;ver Shores Pm~..e...rty Owner~ County General Fund Millage Rate County M,S.T,U. Fund Millage Rate City General Fund Millage Rata (1} ~l-~o~d~. Millega Cit~ & County Status Quo i~ese % InO~se' S~.,..n,.a_r~ ~ (Decrease) (Decrease)! 4.0885 4,3340 0.2.455 6.0% . 1.4264 1,4264 - 0.0% Rate ~or Town of Orohid Ifl~ea~e % lnorease Prooert¥ Owners Statu~ Quo Scenario 2 (,.Decrease) 4.0885 4,3340 0.2455 6,0% 1 .~30 1 .~30 0.~ Counly General Fund Millage Rate ~Cz)unty M,S.T.U. Fund Millage Rate City General Fund Millage Rate (1) Total Millage City & Oeunty., ~(noOrporetad Areas County General Fund Millage Rate County M.S.T.U, Fund Millage ~ City General Fund Millage Rate ~a4al Mlll~e City & County" ............ 5.4315 $.G??0 0.245S 4.8% Incralaa % inOreaae Statu~ Quo $cenad~),..2. ...... (Deorease) (Dm3reea~ 4.0885 4.3340 0.2455 6.0% 1,4733 1.2707 (0.2026) -13,8% tVa 0.0429 o.a% O:\budget~a~affu'm:a~eatJc~re~ga~~ ~,lqO 2 4/8/2OO2 ©ff e of INDIAN RIVER COUNTY ATTORNEY Paul G. Bangel, County Attorney* William G. Collins II, Deputy County Attorney* Marian E. Fell, Assistaxxt County Attorney *Board Certified, City, County md Local Govermment Law April 9, 2002 MEMORANDUM To: From: Re: James E. Chandler, County Administrator Paul G. Bangel, County Attorney Recreation Funding; CAO File No. 300-3 Question Presented: You have asked me to research the law regarding funding mechanisms for a recreation program for the County, which may include one or more municipalities and exclude others. Short Answer: Funding and Organizational options include municipal services taxing unit, special district, and interlocal agreement. Discussion: Section 125.01 (1), Florida Statutes (2001), provides, in pertinent part, as follows: The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (q) Establish, and subsequently merge or abolish those created hereunder, municipal service taxing or benefit units for any part or all of the unincorporated area of the county, within which may be provided . . . recreation service and 1840 25* Street, Veto Beach, Florida 32960 (772) 567-8000, Extension 1424. Facsimile (772) 569-4317 ircattorney~b cc.co.mdian -fiver. fi.us James E. Chandler April 9, 2002 Pa,qe..2 facilities.., and other essential facilities and municipal services from funds derived from service charges, special assessments, or taxes within such unit only. Subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years, the boundaries of a municipal service taxing or benefit unit may include all or part of the boundaries of a municipality. If ad valorem taxes are levied to provide essential facilities and municipal services within the unit, the millage levied on any parcel of property for municipal purposes by all municipal service taxing units and the municipality may not exceed 10 mills. This paragraph authorizes all counties to levy additional taxes, within the limits fixed for municipal purposes, within such municipal services taxing units under the authority of the second sentence of s. 9(b), Art. VII of the State Constitution. (Emphasis added). Municipal services taxing units ("MSTU") are funded by taxes. Municipal services benefits units ("MSBU") are funded by special assessments and service charges. With regard to MSTU's, taxation must be uniform among the subjects within the unit being taxed. Gallant v. Stephens, 358 So.2d 536 (Fla. 1978). The ten mill limit for municipal services is in addition to the ten mill limit for county services, §200.071 (3), 'Fla. Stat. (2001), except in municipalities, where the aggregate municipal and county MSTU millage may not exceed ten mills. In addition, the "dual taxation" provision of the Florida Constitution prohibits taxation of property within municipalities for "services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas." Art. VIII, §l(h), Fla. Const. No county revenue, except those derived specifically from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, shall be used to fund any service or project provided by the county when no real and substantial benefit accrues to the property or residents within a municipality or municipalities. §125.01(7), Fla. Stat. (2001). James E. Chandler April 9, 2002 Paqe 3 Another method of providing services in both incorporated and unincorporated areas · of the county is via special district, to wit: To an extent not inconsistent with general or special law, the governing body of a county shall have the power to establish, and subsequently merge or abolish .those created hereunder, special districts to include both incorporated and unincorporated areas subject to the approval of the governing body of the incorporated area affected, within which may be provided municipal services and facilities from funds derived from service charges, special assessments, or taxes within such district 'only. Such ordinance may be subsequently amended by the same procedure as the original.enactment.. §125.01(5)(a), Fla. Stat. (2001). The levy of any millage designated in the ordinance creating a special district is subject to approval bY vote of the electors. §125.01 (5)(c), Fla. Stat. (2001). Among counties' powers is the power to "[e]nter into agreements with other governmental agencies within or outside the boundaries of the county for join't performance, or performance by one unit in behalf of the Other, of any of either agency's authorized functions." §125.01 (1)(p), Fla. Stat. (2001). The Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes (2001), provides in pertinent part as follows: (5) A joint exercise of power pursuant to this section shall be made by contract in the form of an interlocal agreement, which may provide for: (a) The purpose of such interlocal agreement or the power to .be exercised and the method by which the purpose will be accomplished or the manner in which the power will be exercised. (b) The duration of the interlocal agreement and the method by which it may be rescinded or terminated by any participating public agency prior to the stated date of termination. (c) The precise organization, composition, and nature of any separate legal or administrative entity created thereby with the powers designated thereto, if such entity may be legally created. (d) The manner in which the parties to an interlocal agreement will provide from their treasuries the financial support for the purpose set forth in the interlocal agreement; James E Chandler April 9, 2002 Pa.qe 4 payments of public funds that may be made to defray the cost of such purpose; advances of public funds that may be made for the purposes set forth in the interlocal agreements and repayment thereof; and the personnel, equipment, or property of one or more of the parties to the agreement that may be used in lieu of other contributions or advances. (e) The manner in which funds may be paid to and disbursed by any separate legal or administrative entity created pursuant to the interlocal agreement. (f) A meth°d or formula for equitably providing for and allocating and financing the capital and operating costs, including payments to reserve funds authorized by law and payments of principal and interest on obligations. The method or formula shall be established by the participating parties to the interlocal agreement on a ratio of full valuation of real property, on the basis of the amount of services rendered or to be rendered or benefits received or conferred or to be received or conferred, or on any other equitable basis, including the levying of taxes or assessments to pay such costs on the entire area serviced by the parties to the interlocal agreement, subject to such limitations as may be contained in the constitution and statutes of this state. (g) The manner of employing, engaging, compensating, transferring, or discharging necessary personnel, subject to the provisions of applicable civil service and merit systems. (h) The fixing and collecting o? charges, rates, rents, or fees, where appropriate, and the making and promulgation of necessary rules and regulations and their enforcement by or with the assistance of the participating parties to the interlocal agreement. (i) The manner in which purchases shall be made and contracts entered into. (j) The acquisition, ownership, custody, operation, maintenance, lease, or sale of real or personal property. (k) The disposition, diversion, or distribution of any property acquired through the execution of such interlocal agreement. (I) The manner in which, after the completion of the purpose of the interlocal agreement, any surplus money shall be returned in proportion to the contributions made by the participating parties. James E. Chandler April 9, 2002 Pa,qe 5 (m) The acceptance of gifts, grants, assistance funds, or bequests. (n) The making of claims for federal or state aid payable to the individual or several participants on account of the execution of the interlocal agreement. (o) The manner of responding for any liabilities that might be incurred through performance of the intertocal agreement and insuring against any such liability. (p) The adjudication of disputes or disagreements, the effects of failure of participating parties to pay their shares of the costs and expenses, and the rights of the other participants in such cases. (q) The manner in which strict accountability of all funds shall be provided for and the manner in which reports, including an annual independent audit, of all receipts and disbursements shall be prepared and presented to each participating party to the interlocal agreement. (r) Any other necessary and proper matters agreed upon by the participating public agencies. If you have any questions ~lease feel free to contact me. PGB cc: Board of County Commissioners HOME O~ ?EH~ ~,i~D Subject: Vessel Mooring Uan g r Agenda No. ___&O_~._._Q_~_i .... Department Origin: PoliceDept. General Services: Finance Dept.: Date Submitted: 04-18-2002 For Agenda of: 04/24/2002 Exhibits: "A" "m' "C' "D' 2 satellite photos of the area in question. 2 Army Corps of Engineer Maps # 47 & 48 Showing no anchor or mooring 1 Copy of Veto Beach Ord. No. 84-26. 1 Copy of Florida Statute 823.11, Abandoned Vessels. 1 Copy of Code Enforcement Actions in Martin County. 1 Copy of Florida Statute 705, Abandoned Property I Copy of Florida Statute 403, Florida Litter Law EXPENDITURE REQUIRED: None IAMOUNT BUDGETED: None IAPPROPRIATION REQUIRED: m one SUMMARY It was brought to the attention of Chief Davis that many vessels had been anchored for a long period of time in an area mainly between Semblers Marina and Captain Hirams. Some of these vessels appearedto be abandoned and they should be removed as they are hazards and in some cases unsightly. An inspection of the city limits on the river revealed 18 vessels anchored or moored. Many appeared to have been in place for a long time without moving. The Army Corps of engineers informed us that mooring permits are regulated by the unit of local government having jurisdiction over the water. The City of Sebastian has issued no mooring permits. The U.S. Coast Guard in Ft. Pierce stated they do not regulate moorings or designate mooring areas. They did say that mooring areas should be clearly marked on all sides so as to warn other boaters. The area in question is not marked. These boats could be considered hazards because: 1. The area is not marked as a mooring area. 2. In a high wind condition they could break lose and damage other property. Letters were sent to the registered owners of the vessels, telling them to relocate their boats within 15 days. RECOMMENDED ACTION Consider regulating the mooring of vessels within the city limits. EXHIBIT A EXHIBIT B EXHIBIT C Any sunken, abandoned, wrecked or derelict vessel in any waters under the jurisdiction of the city shall be disposed of as provided by Florida Law (see Chapters 705 and 823, Florida Statutes). In an emergency situation, the dockmaster at the municipal marina is authorized to have any such vessel creating a hazard to be immediately removed to the nearest location where the hazard may be eliminated or minimized. Any expenses resulting from compliance with this section shall be assessed against the owner of the vessel. (Ord. No. 84-26, § 1, 10-16-84) EXHIBIT D ,..Online. . .... · View Statutes Search Statutes Constitution Laws of Florida Sele~ Year: ~2001 Order The 2001 Florida Statutes ~XLVI Chapter 823 View Entire Chapter Crimes Public Nuisances 823.11 Abandoned and derelict vessels; removal; penalty.-- (1) It is unlawful for any person, firm, or corporation to store or leave any vessel as defined by maritime law in a wrecked, junked, or substantially dismantled condition or abandoned upon or in any public water or at any port in this state without the consent of the agency having jurisdiction thereof, or docked at any private property without the consent of the owner of such property. (2) The Fish and Wildlife Conservation Commission is designated as the agency of the state authorized and empowered to remove or cause to be removed any abandoned or derelict vessel from public waters in any instance when the same obstructs or threatens to obstruct navigation or In any way constitutes a danger to the environment. All costs incurred by the commission in the removal of any abandoned or derelict vessel as set out above shall be recoverable against the owner thereof. Pursuant to an agreement with the governing body of a county or municipality, and upon a finding by the commission that the county or municipality is competent to undertake said responsibilities, the commission may delegate to the county or municipality its authority to remove or cause to be removed an abandoned or derelict vessel from public waters within the county or municipality. (3) Any person, firm, or corporation violating this act is guilty of a misdemeanor of the first degree and shall be punished as provided by law. HiStory.--ss. 1, 2, 3, ch. 73-207; s. 17, ch. 89-268; s. 473, ch. 94-356; s. 258, ch. 99-245. Session · Committees · Leoislators ° Information Cent.er · Statutes and Constitution · Lobbyist Inforrp.ation Disclaimer: The information on this system is unverified. The Journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2002 State of Florida. Contact u~. Privacy St~.t;,ernel3~ http ://www.leg. state.fl.us/Statutes/index.cfm?mode=Vicw%20 Statutes&SubMenu: 1 &App... 3/26/2002 EXHIBIT E HOME-> GOVT-> DEPTS-> GROWTH MANAGEMENT-> CODE ENFORCEMENT-> DELELI'CT BOAT REMOVAL PHOTOS-> REMOVAL OF DERELI'CT BOATS Four state and local government agencies cooperated to remove several derelict and abandoned boats in the vicinity of the .lensen Beach Causeway. The agencies included the Florida Harine Patrol, Department of Environmental Protection (DEP), Martin County Code Enforcement Office and the Hartin County Parks & Recreation Department. The County plans closer coordination with the Florida Inland Navigation District and DEP on the issue and is seeking a source of funds to cover the cost for removal and disposal of the crafts. The boats were removed under chapter 823-Pu.b:lic:.~,~is~=n.¢es,,:t=lo]-ida..,S~atates. The work was completed on Saturday, December 12, 1998. HERE'S THE REMOVAL ZN ACTION... Larger views: 66k 22k Larger views: 94k 27k http : //www.mar6n.fl. us/ GO VT / depts/ gmd/ gm c/ cebphotos/ 3/26/2002 Larger views: 79k 24k Larger views: 85k 25k Larger views: 56k 24k · V~~ ~:' ~%~'"" Viewing PDF documents requires Adobe Reader. ~ This site is access friendly· RePort Link Or Other Problem I privacy Policy [ Access..ibilitv Poiicv ~,page .u:p Copyright © 2001, Mar~in CounW, Florida, All rights reserved and other copyrights apply. Please see our Disclaimer. Page URL http://www.marfm.fl.us/GOVT/depts/gmd/gmc/cebphotos/ U_pdat, Monda' 3/?.6/2002 www. martin.fl.us/GOVT/depts/gmd/gmc/cebphotos/index.html 10-3an 2000 15:08: EST Mailing Address: Martin County Administrative Center 2401 SE Monterey Road Smart, FL 34996 http ://www.martin.fl.us/GO VT/depts/gmd/grnc/cebphotos/ 3/26/2002 EXHIBIT F statutes->vlew Statutes: Online Sunshine Page 1 of 6 ....Online ,,, ,. i5uns !ne' .. ¥~ew S~atut~s Search Statutes Select Year: i12001 ~ Constitution Laws of Florida Order The 2001 Florida Statutes Title XL Chapter 705 Real And Personal Property Lost Or Abandoned Property CHAPTER 705 View ~,ntire Chapter LOST OR ABANDONED PROPERTY 705.101 Definitions. 705..1015 County or municipal code inspectors or code enforcement officers; duties. 705.102 Reporting lost or abandoned property. 705.103 Procedure for abandoned or lost property. 705.104 Title to lost or abandoned property. 705.105 Procedure regarding unclaimed evidence. 705.106 Recovery from person wrongfully in possession. 705.17 Exceptions. 705.18 Disposal of personal property lost or abandoned on university or community college campuses or certain public-use airports; disposition of proceeds from sale thereof. 705.19 Abandonment of animals by owner; procedure for handling. 705.101 Definitions.--As used. in this 'chapter: (1) "Local government" means the board of county commissioners of a county or the commission or council of any municipality in the county. (2) "Lost property" means all tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used at the time for business purposes, or in parks, places of amusement, public recreation areas, or.other places open to the public in a substantially operable, functioning condition or which has an apparent intrinsic value to the rightful owner. (3) "Abandoned property" means .all tangible personal property that does not have an identifiable owner and that has been disposed on public property in a wrecked., inoperat;_.lve, or partially dismantled condition or has no apparent intrinsic value to the' rightful owner. However, vessels determined ~o be derelict by the Fish and Wildlife Conservation Commission or a county or municipality in .accordance with the provisions of s. 823.11 are not included within this definition. (4) "Law enforcement officer" means any person who is elected, appointed, or employed full time http ://www-~ eg.state-~- us/ Statutes/index- cfm? App-m~de=Disp~ay-S tatute& LTRL =Ch~7 ~ 5 /~ - ~ 3/26/2002~ statutes->View Statutes: Online Sunshine by any sheriff, any municipality, or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. (5) "Public property" means lands and improvements owned by the Federal Government, the state, the county, or a municipality and includes sovereignty submerged lands located adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-Of-way, and other similar property. (6) "Unclaimed evidence" means any tangible personal property, including cash, not included within the definition of "contraband article," as provided in s. 932.701(2), which was seized by a law enforcement agency, was intended for use in a criminal or quasi-criminal proceeding, and is retained by the law enforcement agency or t.h.e clerk of the county or circuit court for 60 days after the final disposition of the proceeding and to; ~Nhich no claim of ownership has been rfiade. History.--s. 1, ch. 87-82; s. 15, ch. 89-268; s. 470, ch. 94-356; s. 70, ch. 99-248; s. 28, ch. 2000-197. 705.1015 County or municipal code inspectors or code enforcement officers; duties.-- Employees of a county or municipali~y whose dub/it is to ensure code compliance or enforce codes and ordinances may be designated by the governing body of the county or the municipality to administer the provisions of this chapter which pertain to lost or abandoned property. Designation of such employees shall not provide the employees with the authority to bear arms or make arrests. History.--s, 16, ch, 89-268. 705.102 Reporting lost or abandoned property,-- (1) Whenever any person finds any lost or abandoned property, such person shall report the description and location of the property to a law enforcement officer. (2) The law enforcement officer taking the report shall ascertain whether the person reporting the property wishes to make a claim to it if.the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the law enforcement agency a reasonable sum sufficient to cover the agency's cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the property. - ' (3) It is unlawful for any person who finds any lost or abandoned property to appropriate the same to his or her own use or to refuse to deliver the same when required. (4) Any person who unlawfully appropriates such lost or abandoned property to his or her own use or refuses to deliver such property when required commits theft as defined in s. 812.0:t4, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History,--s. 2, ch. 87-82; s. 4, ch. 92-79; s. 790, ch. 97-102. 705.103 Procedure for abandoned or loSt property.-- (1) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature that it can be easily removed, the officer shall take such article into custody and shall make a reasonable attempt to ascertain the rightful owner or lienholder pursuant to the provisions of this section. http ://www.leg.state. fl.us/Statutes/index, cfm?App_mode=Display_Statute&URL=Ch0705/... 3/26/2002 s~atutes->vlew ~tatutes: online ~uns~ne Page (2) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and Is of such nature that it cannot be easily removed, the officer shall cause a notice to be placed upon such article in substantially the following form: NO-I-iCE TO THE OWNER AND ALL PERSONS INTERESTED IN THE A~-FACHED PROPERTY; This property, to wit: {settlnq forth brief description) is unlawfully upon public property known as (settinq foEth brief descrimflon of location1 and must be removed within 5 days; otherwise, It will be removed and disposed of pursuant to chapter 705, Florida Statutes. The owner will be liable for the costs of removal, storage, and publication of notice. Dated this: Xsettlna forth the date of oostina ~.f. rl0tlC~), signed: J~ettin~ forth name, ti_fie, address, and telephone number of._[aw enforcement.qfftcer) . Such notice shall be not less than 8 inches by 10 Inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, in addition to posting, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such is reasonably available to the officer, she or he shall mail a copy of such notice to the owner on or before the date of posting. If the property is ~' motor vehicle as defined in s. 320.01(:[) or a vessel as defined in s, 327.02, the law enforcement'Agency shall contact the Department of Highway Safety and Motor Vehicles in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in s. 3i9.27(2) or (3) or s. 328.15 (1), On receipt of this Information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the llenholder, If any. Tf, at the end of 5 days after posting the notice and mailing such notice, if required, the owner or any person interested in the lost or abandoned article or articles described has not removed the article or articles from public property or shown reasonable cause for failure to do so, the following shall apply: (a) For abandoned property, the law enforcement agency may retain any or all of the property for its own use or for use by the state or unit of local government, trade such property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service. (b) For lost property, the officer shall take custody and the agency shall retain custody of the property for 90 days. The agency shall publish notice of the intended disposition of the property, as provided in this section, during the first 45 days of this time period. 1. If the agency eleCts to retain the property for use by the unit of government, donate the property to a charitable organization, surrender such property to the finder, sell the property, or trade the property to another unit of local government or state agency, notice of such election shall be given by an advertisement published once a week for 2 consecutive weeks in a newspaper of general circulation in the county where the_property was found if the value of the property is more than $100. if the value of the property-ks $100 or less, notice shall be given by POsting a descripti°n of the property at the law enfo~cernent agency where the property was turned in. The' ' notice must be posted for not less than 2 consecutive weeks in a public place designated by the law enforcement agency. The notice must describe the property in a manner reasonably adequate to permit the rightful owner of the property to claim it. 2. Tf the agency elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale published once a week for 2 consecutive weeks in a newspaper of general circulation In the county where the sale Is to be held. The notice shall include a statement that the sale shall be subject to any end all liens. The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The advertisement_must include a description of the goods and the time and place of the sale. The sale may take plac~ no earlier than 10 days after the final publication. If there is no newspaper of general 'circulation in-the county where the sale is to be held, the advertisement shall be posted at the door of the courthouse and at three other public places in the county at least 10 days prior to sale. Notice of the agency's intended disposition shall describe the property in a manner reasonably adequate to permit the rightful owner of the property to identify it. http://www.leg.state.fl.us/Statutes/index, cfm?App_mode=Display_Statute&URL=Ch0705/... 3/26/2002~ stat~tes->vlew ~tamms: t)mm¢ ~unsmnc -'-~ ..... (3) If the property is sold at public sale pursuant to subparagraph (2)(b)2., the agency shall deduct from the proceeds the costs of transportation, storage, and publication of notice, and any balance of proceeds shall be deposited into an interest-bearing account not later than 30 days after the date of the sale and held there for I year. The agency shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within 1 year from the date of the above stated deposit by making application to the agency. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the State School Fund. (4) The owner of any abandoned or lost property who, after notice as provided in this section, does not remove such property within the specified period shall be liable to the law enforcement agency for all costs of removal, storage, and destruction of such property, less any salvage value obb3ined by disposal of the property. Upon final disposition of the property, the law enforcement officer shall notify the owner, if known, of the amount owed. In ~he case of an abandoned boat or motor vehicle, any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of registration for such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The law enforcement officer shall supply the Department of Highway Safety and Motor Vehicles with a list of persons whose'boat registration privileges or whose motor vehicle privileges have been revoked under this subsection. Neither the department nor any other person acting as agent thereof shall issue a certificate of registration to a person whose boat or motor vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid. {5) Whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by the law enforcement officer in the discharge of her or his duties as provided in this section upon conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (6) Any law enforcement officer or any person authorized by the law enforcement officer Is Immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. (7) The rightful owner shall be liable for the law enforcement agency's costs for transportation and storage of lost or abandoned property and the agency's cost for publication of notice of disposition of lost property. If the rightful owner does not pay such costs within 30 days of making claim, to the property, title to the property shall vest in the law enforcement agency. Hlstnry.--s. 3, ch. 87-82; s. 3-, ch. 90-307; s. 12, ch. 94-241; s. 471, ch. 94-356; s. 3, ch. 97- 51; s. 791, ch. 97-102; s. ;29, ch. 2000-3.97. 705.:L04 Title to lost or abandoned property.-- (1) Title to lost or abandoned property Is hereby vested in the finder upon the expiration of the 90-day custodial time period specified in s. 705.3-03(2)(b), provided the notice requirements of s. 705.103 have been met, unless the rightful owner or a lienholder claims the property within that time. (2) Employees of any state, county, or municipal agency shall be deemed agents of such governmental entltyf and lost or abandoned property found by them during the course of their official duties shall be turned in to the proper person or department designated to receive such property by the governmental entity. Such property shall be subject to the provisions of this chapter, after which, If unclaimed by the rightful owner, the title to such property shall be vested in the state, county, or municipality and not in the employee. (3) Employees of public transportation systems shall be deemed agents of such transportation systems, and lost or abandoned property found on public conveyances, in depots, or in garages of a transportation system shall be turned in to the proper person or department designated to receive such property by the transportation systems. Such property shall be subject to the provisions of this section, after which, if unclaimed by the rightful owner, the title to such property http://www.leg, state.fl.us/Statutes/index.cfm?App_mode=Display_statute&U'RL=Ch0705/... 3/26/2002 statutes-> v~ew statutes: Online Sunshine Page"5 of 6 shall be vested in the transportation system and not in the employee. History.--s. 4, ch. 87-82; s. 2, ch. 90-307. 705.105 Procedure regarding unclaimed evidence.-- (1) Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation In the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding. (a) If the property is of appreciable value, the agency may elect to: 1. Retain the property for the agency's own use; 2. Transfer the property to another unit of state or local .government; 3. Donate the property to a charitable organization; 4. Sell the property at public sale, pursuant to the' provisions of s. 705.103. (b) [f the property is not of appreciable value, the law enforcement' agency may elect to destroy It. (2) Nothing in this section shall be construed to repeal or supersede the provisions of s. 790.08 relating to the disposition of weapons and firearms. History.--s. 5, ch. 87-82; s. 5, ch. 90-113, 705.106 Recovery from person wrongfully in possession.--Whenever any property described in this chapter, chapter 706, or chapter 707 is ascertained to be wrongfully withheld and the person in possession refuses to give it up to the sheriff on demand, the county attorney of the county in which the property Is situated, or the city attorney, if within a municipality, when required to do so by the sheriff, shall enter a suit for said property and prosecute it to a final recovery. All moneys derived from these sources shall be paid by the sheriff into the State Treasury for the benefit of the S~ate School Fund. History.~-ss. 4, 5, ch. 344, 1850; RS 2015; GS 2537; RGS 3892; CGL 5799; s. 4, ch. 63-267. Note.--Former s, 705.06. 705.17 Exceptions.--The provisions of ss. 705.101-705.106 of this chapter shall not be applied to any personal property lost or abandoned on the campus of any institution in the State University System or on premises owned or controlled by the operator of a public-use airport having regularly scheduled international passenger service. Hlstory,--s. 1, ch. 71-75; s. 6, ch. 87-82; s. 22, ch. 91-110; s. 61, ch. 96-323. 705.18 Disposal of personal property lost or abandoned on university or community college campuses or certain public-use airports; disposition of proceeds from sale thereof.-- (1) Whenever any lost or abandoned personal property shall be found on a campus of an Institution in the State University System or a campus of a state-supported community college, or on premises owned or controlled by the operator of a public~use airport having regularly scheduled international passenger service, the president of the institution or the president's designee or the http://www~~eg~state~~~us/Statutes/index~cfm?App-m~de=Disp~ay-Statute&URL=~h~7~5/~.~ 3/26/2002 statutes->View Statutes: Online Sunshine ~'age o or o director of the airport or the director's designee shall take charge thereof and make a record of the date such property was found. If, within 30 days after such property is found, or a longer period of time as may be deemed appropriate by the president or the director under the circumstances, it is not claimed by the owner, the president or director shall order it sold at public outcry after giving notice of the time and place of sale in a publication of general circulation on the campus of such institution or within the county where the airport is located and written notice to the owner if known. The rightful owner of such property may reclaim same at any time prior to sale. (2) All moneys realized from such institution's sale shall be placed in an appropriate fund and used solely for student scholarship and loan purposes. All moneys realized from such sale by an airport, less its costs of storage, transportation, and publication of notice, shall, unless another use is required by federal law, be deposited into the state school fund. History.--s. 1, ch. 71-75; s. 1, ch. 77-131; s. 62, ch. 96-323; s. 1762, ch. 97-102. 705.19 Abandonment of animals by owner; procedure for handllng.-- (1) Any animal placed in the custody of a licensed veterinarian or bona fide boarding kennel for treatment, boarding, or other care, which shall be abandoned by its owner or the owner's agent for a period of more than 10 days after written not.ice is given to the owner or the owner's agent at her or his last known address may be turned over to the custody of the nearest humane society or dog pound in the area for disposal as such custodian may deem proper. (2) The giving of notice to the owner, or the agent'of the owner, of such animal by the licensed veterinarian or kennel operator as provided in subsection (1) shall relieve the veterinarian or kennel operator and any custodian to whom such animal may be given of any further liability for. disposal. Such procedure by a licensed veterinarian shall not constitute grounds for disciplinary procedure under chapter 474. (3) For the purpose of this section, the term "abandonment" means to forsake entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or the owner's agent. Such abandonment shall constitute the relinquishment of all rights and claim by the owner to such animal. History.--ss. ~., 2, ch. 79-228; ss. ~., 2, ch. 81-157; s. 3, ch. 81-3:t8; s. 792, ch. 97-102. Welcome · ~ession · Committees · I~egtslators · Information Center, Statutes and Cons~ · lobbyist Irlformation Disclaimer: The information on this system is unverified. The Journals or printed bills of the .respective chambers should be consulted for official purposes, Copyright ©2000~20o2 State of Florida. Cpntact us. http ://www.leg.state.fl.us/Statutes/index. cfm?App_mode=Display_Statut¢&URL=Ch0705/,-- 3/26/2002 EXHIBIT G tt~te$-~View ~t~ut¢l: ore,ne bunsmne ~ ~ ..... ~,~O.n!lin'e ,~ ,, View .~tatutes Search Statutes Select Year: ~ Constitution Laws of Florida Order The 2001 Florida Statutes Title XXTX ~ 403 Public Health Environmental Control View Entire C.t~apter 403.413 Florida Litter Law.-- (1) SHORT TITLE.--This section may be cited a...s :the "Florida Utter Law." (2) DEFINITIONS.--As used in this section: (a) "Litter" means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco product; tire; applianCe; mechanical equipment or part; 'building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. (b) "Person" means any individual, firm, sole proprietorship, partnership, corporation, or unincorporated association. (c) "Law enforcement officer" means any officer of the Florida Highway Patrol, a county sheriffs department, a municipal law enforcement department, a law enforcement department of any other political subdivision, the department, or the Fish and Wildlife Conservation Commission. [n addition, and solely for the purposes of this section, "law enforcement officer" means any employee of a county or municipal park or recreation department designated by the department head as a Utter enforcement officer. (d) "Aircraft" means a motor vehicle or other vehicle that is used or designed to fly but does not Include a parachute or any other device used primarily as safety equipment. (e) "Commercial purpose" means for the purpose of economic gain. (fi "Commercial vehicle" means a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose. (g) "Dump" means to dump, throw, discard, place, deposit, or dispose of. Ch) "Motor vehicle" means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor, (I) "Vessel" means a boat, barge, or airboat or any other vehicle used for transportation on water. (3) RESPONSIBILITY OF LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALTTy.--The local governing body of a county or a municipality shall determine the training and qualifications of any employee of the county or municipality or any employee of the county or municipal park or recreation department designated to enforce the provisions of this section if the designated employee is not a regular law enforcement officer. http ://www.l eg.state.fl.us/Statutedindex, cfm ?mode=Vi ew%2 OS tatutes& Sub Menu= 1 & App... 3/26/2002 view 5ramies: umme 5tmsrune Page 2 of 3 (4) DUMPING LTI-FER PROHIBiTED.--Unless otherwise authorized by law or permit, it is unlawful for any person to dump litter in any manner or amount: (a) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except In containers or areas lawfully provided therefor. When any litter is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section; (b) in or on any freshwater lake, river, canal, or stream or tidal or coastal water of the state, including canals. When any litter Is thrown or discarded from a boat, the operator or owner of the boat, or both, shall be deemed in violation of this section; or (c) In or on any private property, unless prior consent of the owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local law, rule, or · regulation. (5) DUMPING RAW HUMAN WASTE PROHIBITED.--Unless otherwise aul~horized by I~w or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or vessel Upon the public or private lands or waters of the state. (6)' PENALTIES; ENFORCEMENT.-- (a) Any person who dumps litter in violation of subsection (4) in an'amount not exceeding 15 pounds in weight or 27 cubic feet in volume and not for commercial purposes is guilty of a noncriminal infraction, punishable by a civil penalty of $50. In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed. (b) Any person who dumps litter In violation of subsection (4) in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor of the first degree, punishable as provided in s. 775X)82 or s. 775.083. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, whether or not adjudication is withheld or whether imposition of sentence Is withheld, deferred, or suspended, the court shall forward a record of the finding to the Department of Highway Safety and Motor · Vehicles, which shall record a penalty of three points on the violator's driver's license pursuant to the point system established by s. 322.27. (c) Any person who dumps litter in violation of subsection (4) in an amount exceeding 500 pounds in weight or _100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste as defined In s. 403.703, is guilty of a felony of the third degree, punishable as provided in s. ~ or s. 775.083. In addition, the court may order the violator to: _1. Remove or render harmless the litter that he or she dumped in violation of this section; 2. Repair or ~estore property damaged by, or pay damages for any damage arising out of, his or her dumping litter in violation of this section; or 3. Perform public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of this section. (d) A court may enjoin a violation of this section. Ce) A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump litter that exceeds 500 pounds in weight or 100 cubic feet in volume is declared contraband and is subject to forfeiture in the same manner as provided in ss. 932.703 and 932.704. http ://www~eg~state~.us/Statutes/index~ cfm ?m~de=View%2~Statutes&~ubMenu= ~ &App~ 3/26/2002(~ statutes->VleW ~tatu~s: ~mmc ~ummn~ * -~ ..... (0 If a person sustains damages arising out of a violation of this section that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or $200, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court Costs and attorney's fees. A final judgment rendered in a criminal proceeding against a defendant under this section estops the defendant from asserting any issue in a subsequent civil action under this paragraph which he or. she would be estopped from asserting if such judgment were rendered in the civil action unless the criminal' judgment was based upon a plea of no contest or nolo contenders. (g) For the purposes of this section, if a person dumps litter or raw human waste from a commercial vehicle, that person is presumed to have dumped the litter or raw human waste for commercial purposes. (h) In the criminal trial of a person charged with violating this section, the state does not have the burden of proving that the person did not have the right or authority to dump the litter or raw human waste or that litter or raw human waste dumped on private property causes a public nuisance. The defendant has the burden of proving that he or she had authority to dump the litter or raw human waste and that the litter or raw human waste dumped does not cause a public nuisance. (i) it shall be the duty of all law enforcement officers to enforce the provisions of this section. {j) Any person who violates the provisions of subsection (5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083;-provided, however, that any person who dumps more than 500 pounds or more than 100 cubic feet of raw human waste, or who dumps any quantity of such waste for commercial purposes, is guilty of a felony of the third degree, punishable as provided in paragraph (7) ENFORCEMENT BY CERTAIN COUNTY OR MUNICIPAL EMPLOYEES.--Employees of counties or municipalities whose duty it is to ensure code compliance or to enforce codes and ordinances may be designated by the governing body of the county or the municipality to enforce the provisions of this section. Designation of such employees shall not provide the employees with the authority to bear arms or to make arrests. (8) ENFORCEMENT OF OTHER REGULATIONS.--This section does not limit the authority of any state or local agency to enforce other laws, rules, or ordinances relating to litter or solid waste management. History.--ss. 1, 2, 3, 4, 4A, ch. 71-239; s. 1, ch. 75-266; s. 1, ch. 77-82; S. 1, ch. 78-202; s. 7, ch. 80-382; s. 1, ch. 82-63; s. 1, ch. 88-79; s. 56, ch. 88-130; s. 12, ch. 89-175; s. 14, ch. 89- 268; s. 1, ch. 90-76; ss. 16, 17, ch. 91-286; s. 378, ch. 94-356; s. 1, ch. 95-165; s. 11, ch. 97- 103; s. 205, ch. 99-245~ . Welcome o Sessio[1 · ~ees · ~ · information C..enter ° S.tatutes and Constitution o Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2002 State of Florida. Contact us. http ://www.leg.state.fl.us/Statutes/index. cfm ?mode=View%20 Statutes& SubMenu= 1 &App... 3/26/2002 SEBASTLAkl HOME OF PEUCAN ISLAND SEBASTIAN CiTY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 10, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CiTY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99~21) 1. Vice-Mayor Hill called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Father John Morrissey of St. Sebastian Catholic Church gave the invocation. ROLL CALL City. Council Present: Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio City Council Absent: Mayor Walter Barnes (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Engineering Assistant, Burr Jones Parks Supervisor, Chris McCarthy Regular City Council Meeting April 10, 2002 Page Two 02.072 02.073 02.055 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of CiO/Council members (R-99~21) The City Manager requested removal of consent agenda item B for further information. There was no objection. PROCLAMATIONS, AN,.,N,.,,OUN,CEMENTS AND/OR PRESENTATIONS A. Arbor Day Proclamation Vice-Mayor Hill read the proclamation and stated it would be presented at the Arbor Day celebration on April 20, 2002. CITY ATTORNEY MATTERS A. Authorize Travel to Attend Annual Local Government Law Section Seminar & Review May 9.-_11, 2002, in Sarasota The City Attorney clarified the McVicar code enforcement matter as reported in the Press Journal. He explained the enforcement fining process and timetable. MOTION by Majcher/Barczyk "1 make a motion to authorize travel to attend annual local government law seminar in Sarasota." ROLL CALL: Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 4-0 8. CITY MANAGER MATTERS A. Partnership with Finlav Properties The City Manager reported on discussions with Indian River County relative to their decision to submit a letter on behalf of Finlay Properties to provide utility fee waivers rather than submit the form required by the Florida Housing Finance Agency. He said it was not his recommendation to ask the City Council to provide the whole $75,000 and that the project will then be on hold. Adrina Davis, objected to the City Council providing the full amount. 2 Regular City Council Meeting April 10, 2002 Page Three D AFT 9. CITY CLERK MATTERS The City Clerk stated that staff is working to develop a new city website and asked for input from City Council and citizens on what they would like to see included on the site. 10. CITY COUNCIL MATTERS A. ..Mayor Barnes Absent. B. Mr, Barczyk · Asked for a status report on the committee on water expansion, and the City Attorney responded that he would try to get them back together again. He stated that the committee was mainly looking at whether the City was being treated the same as other municipalities. · Reported that most of the median plantings on Schumann are dead and requested better maintenance. C. Mr. Hill · Congratulated everyone involved in Relay for Life. D. Mr. Maicher · Asked the Airport Manager if Skydive was following FAA guidelines as far as drop zones because they have had an increase in business. The Airport Manager stated Skydive did have an Easter weekend event and to his knowledge they have been following FAA rules but if someone observed otherwise he asked that they contact the FAA or himself. E. Mr. Coni.qli.0 · Also congratulated the City's Relay for Life team. · Stated the Hardee grandchildren are concerned that the Hardee tree is dying. The City Manager reported that it was struck by lightning last fall and he has had Dan Culbert, the County Extension Agent, look at it last January. Mr. Culbert advised to see if Spring brought new growth and to put down heavy fertilizer. 11. CONSENT AGENDA All items on the consent agenda are considered 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 - 3/27/2002 Regular Meeting Regular City Council Meeting April 10, 2002 Page Four 02.074 B. 02.075 C. 02.076 D. Authorize the March of Dimes WalkAmerica 2002 Park Event at Riverview Park on April 20, 2002 from 7:30 am to 10:00 am and authorize the closing of Indian River Drive from Harrison Street North to Davis Street on April 20, 2002 from 8:00 am until 10:00 am (Parks Transmittal 4/1/02, Letter) Authorize Councilmember Coniglio's Attendance to the 2002 Institute for Elected Municipal Officials in Orlando, Florida on June 7-9, 2002 (City Clerk Transmittal 4/3/02, Conference Info) Authorize Disposal of Four 1998 Howard Price Mowers via April 13, 2002 Auction (Finance Transmittal 4/3/02) MOTION by Coniglio/Barczyk "1 make a motion that we approve on consent agenda, item A, C & D ." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent MOTION CARRIED 4-0 Item B - WalkAmerica The City Manager recommended that City Council authorize the walk but not the closing of the full stretch of Indian River Drive and stated that staff would work with them. MOTION by Barczyk/Majcher "Move to approve item B with changes as Mr. Moore stated." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye MOTION CARRIED 4-0 02.062 12. PUBLIC HEARING Ao Public Hearin..q Ordinance No. O-02-08 Florida Building Codes (City Attorney Transmittal 3/21 ~02,. 0-02-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 PURSUANT TO STATE MANDATED ADOPTION OF FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. 4 Regular City Council Meeting April 10, 2002 Page Five D AFT Vice-Mayor Hill opened the public hearing at 7:28 p.m, and the City Attorney read Ordinance No, 0-02-08 by title. The City Attorney stated the Florida Legislature has mandated this change to provide for uniformity. There being no input, Vice Mayor closed the public hearing. MOTION by Barczyk/Majcher "Move to adopt Resolution No. O-02-08." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr, Hill - aye Mr. Barczyk - aye MOTION CARRIED 4-0 02.052 Bo .pub ic Hearing Ordinance No. O-02-06 Tree and Landscape Adv sory Board (City Attorney Transmittal 3/1/02, 0-02-06, P & Z Minutes) ....... AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-14,17 TREE AND LANDSCAPE ADVISORY BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Hill opened the public hearing at 7:31 p.m. and the City Attorney read the ordinance by title. He then briefly stated that to encourage more people to apply, language should have been stricken from the final draft as follows: "As far as practical, the membership should be composed of one building contractor or realtor, one landscape contractor, subcontractor, or maintenance personnel, one landscape consultant, designer or architect, and two concerned citizens. The alternate members shall be, as far as practical, one landscape professional and one concerned citizen." MOTION by Majcher/Coniglio "Move to pass Ordinance No. O-02-06." ROLL CALL: Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 4-0 Regular City Council Meeting April 10, 2002 Page Six 13. DRAFT INTRODUCTION OF NEW BUSINESS FROM,'rHE PUBLIC Item that has occurred or was discovered within the previous six months which is ,,et otherwise on the agenda ~ sign-up required - limit of ten minutes for each speaker Adrina Davis began to discuss New Business item E, but was advised to come back up during that item. Sal Neglia submitted photographs of various areas of town which he said depicted code violations and suggested the City needs more code enforcement. Two areas he mentioned were parking at the Chamber of Commerce building and sand blowing into houses near Powerline Road. The City Manager said volunteers at the Historical Society are allowed to park behind the Chamber when loading or unloading, and large equipment using Powerline Road has to be addressed with Indian River County since it is a county thoroughfare. Tut Connelly suggested red mulch for Schumann Drive medians. 14. 02.068 COMMI ,TTEE REpORTS/RECOMMENDATIONS A. Budget Review Ad .visory Board App.o. intments (City Clerk, Transmittal 4/1/02, ADplications~ Board Member List) I. Mayor Barnes and Vice,Mayor Hill to Name A. ppoi .ntees..for 2..Year Term to 3/2004 The Clerk noted that Mayor Barnes had advised her that he wished to reappoint Larry Napier as his representative. Mr. Hill appointed Lee Weeks to be his representative. I1. C0uncilmember ConiRlio to Name Appointee for 1 Year Term to 3/2003 Mr. Coniglio appointed Lee Griffin. III. Inte. rview and Ap_ooint Two At-Lar,qe Members for 1 Year Term to 3/2003 City Council interviewed Richard Smith and Charles Cardinale. MOTIO.Ni,dbY Coniglio/Barczyk like to make a motion that we appoint Mr. Richard S, Smith and Mr. Charles David Cardinale to the budget committee review." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye MOTION CARRIED 4-0 Regular City Council Meeting April 10, 2002 Page Seven Vice-Mayor Hill reported that at today's MPO meeting, the School Board did not vote for the apportionment plan in effort to penalize Vero Beach for prohibiting a voting School Board member on the MPO. He stated this was ineffectual because the apportionment plan would still pass and the City will still have an additional member on the MPO. 15. OLD BUSINESS - None 16. NEW BUSINESS 02.060 Approve the Audit Services Source Selection Panel and Adoption of the Rankin~ Procedures (Finance Transmittal 4/2/02.~...R-97-28, Evaluation Procedures, Time ?a_.b!.e for RFP Process) The City Manager briefly reiterated staff recommendation to involve Council in choosing audit services. MOTION by Coniglio/Majcher "1 move that we appoint Councilman Joe Barczyk to serve as the City Council's liaison to the Panel." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 4-0 MOTION by Majcher/Coniglio "1 would move to accept the recommendation with recommended Audit Services Source Selection Panel." ROLL CALL: Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 4-0 MOTION by MajchedConiglio "And I would make a motion to accept the evaluation procedures for selection of the City's Auditors." 7 Regular City Council Meeting April 10, 2002 Page Eight ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher - absent - aye - aye - aye - aye D. AFT MOTION CARRIED 4-0 02.077 Authorize Bid Award to BK Maintenance Services of West Melbourne for $49,578,66for Mowing3 Services at Park Areas, Collector Road Ri.clht of Ways and Other Road right of Ways Accordin.a to Bid Specifications ('Parks Transmittal 4/3/02, Bid Tabulation Form) The Parks Supervisor described the areas that will be maintained by BK Maintenance Services. He said two city personnel will be freed up to work with drainage crews. The City Manager said the contract can be brought back on April 24, 2002 for City Council review if they wish. Adrina Davis objected to giving contracts to people outside the City and suggested getting another bid. Baxter Coston asked how City Council can award a bid with such an unrealistic spread between bidders without looking into it further. Mr. Coniglio said City Councilmembers do ask questions of staff prior to these Wednesday night meetings. MOTION by Coniglio/Majcher "I'd like to take staff's recommendation and move to award bid for mowing services for park areas, collector road right of ways and other road right of ways according to the bid specifications to BK Maintenance Services of West Melbourne, Florida for $49,578.66 per year." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye MOTION CARRIED 4-0 02.078 Authorize Work Order #3 to Sebastian Boulevard Cold in Place Recycli. q.q in the Amount of...$9,603~00 for Road Resurfacina of Sebastian Boulevard ('En.clineerin.q Transmittal 41210.2...,. Work Authorization) The City Manager said funding for this project will be from the Riverfront Development fund and provide for a brand new street. g Regular City Council Meeting April 10, 2002 Page Nine D AFT MOTION by Majcher/Coniglio "Move to authorize the work order number three in the amount of $9,603 for Sebastian Boulevard Cold In Place Recycling in accordance with the approved master contract price and appropriate same from the Riverfront Redevelopment Fund." 02.079 02.080 ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 4-0 Authorize Agreement in the Amount of $7,200.00 Between LPA Inc. (Boyl.e & Dr.ake, Inc.) and the City of Sebastian to Conduct Market Appraisals for J & S Aviation, Inc. Facility and Velocity, Inc.'s. Faci i.ty (Airport Transmittal 4/402, Proposal) The City Manager revised the recommendation to approve the agreement between LPA Group and the City of Sebastian, and advised that LPA will subcontract with Boyle and Drake, Inc. The Airport Director advised that the LPA Group doesn't have an appraisal company, therefore, they will subcontract with Boyle & Drake, Inc. He advised that in order to obtain FAA funding, FAA requires this appraisal. MOTION by Coniglio/Barczyk "1 move to approve the agreement between LPA Group and the City of Sebastian to conduct a market appraisal for j & S Aviation, Inc. located at 299 Airport Drive East and Velocity, Inc.'s facility located at 100 Airport Drive West in the amount of $7,200.00." ROLL CALL: Mr. Majcher - aye Mayor Barnes - absent Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 4-0 Resolution No. R-02-16 - Chan,q,e of Law for Land Development Re,qu at ons in tho Eastern Portion of the Sebastian Boulevard ,Corr dot (City Attorney Transmittal 4/4/02, R-02-16} A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING AN iMPENDING CHANGE OF LAW FOR LAND DEVELOPMENT REGULATIONS IN THE EASTERN PORTION OF THE SEBASTIAN BOULEVARD CORRIDOR; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting April 10, 2002 Page Ten D AFT The City Attorney read the resolution title. The City Attorney advised that staff has been working on improvements to CR512 as a result of the CR512 Charrette process, and were recommending that it would be wise to stop development in the triangle temporarily while staff reviews proposed changes. Kathleen Adamson, part owner of two carwashes in Sebastian, who proposed to establish a car wash, convenience store and oil change facility on the subject site, addressed City Council. The City Attorney advised that the city will develop a twenty to thirty year plan for what it wants to see in that area and the area will be seen as a downtown center. He advised that some of the proposed uses might already be prohibited by existing regulations and that the uses in question would either be conditional or special use. He said there is no application pending at this time, and that the Charrette has been in place for some time. Ron Adamson, car wash owner, said there was very little property left that is undeveloped in that triangle. He noted that the new metal city compound building was built since the Charrette was approved, that he was told by two staff members in the past that he could not build a car wash on CR512. He distributed a photo of what he was proposing to build on the site. Richard Lambert, current owner of the subject property, said that no one has ever contacted him regarding the use of his property as the focal point of a downtown triangle, that the property is zoned for a convenience store. He then read the City Attorney's transmittal for the record and cited the manner in which other agencies measure the distance between establishments which sell alcoholic beverages and schools, and said the City is taking away his property rights. He said he did not own the point and suggested perhaps the City could buy that property. He said if he is backed into a corner he will sue the City. Pat Lambert, said she and her husband want to sell the property and retire in the time they have left. The City Attorney said he was talking about a six month period to come up with a plan for the district and the City had the support of the Treasure Coast Regional Planning Council. MOTION by Coniglio/Hill "1 move that we adopt Resolution No. R-02-16." Regular City Council Meeting April 10, 2002 Page Eleven ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher MOTION CARRIED 3-1 - absent - aye - nay - aye - aye 17. Being no further business, Vice-Mayor Hill adjourned the meeting at 9:00 p.m. DRAFT Approved at the April 24th, 2002 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio, CMC City Clerk HOME OF PELICAN ISLAND ~Suhjec~: Mo.~ Services /[ A'PP~]~e~t£~Sub..~by: City Manager Agenda No. ~O_e2... ~ ? ? Department Origin: Date Submitted: 04-18-02 For Agenda off 04-24-02 Exhibits: Proposed Parks and Roadside Mowing Services Agreement between City of Sebastian and BK Maintenance Services, Melbourne, FL [ " EXPENDrI'URE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY As previously discussed at the Regular City Council Meeting of April 10, 2002, the proposed Park and Roadside Mowing Services Agreement between the City of Sebastian and BK Maintenance Services, West Melbourne, Fl, for park areas, collector right-of-ways and other road right-of-ways is attached for your review. RECOMMENDED ACTION Move to authorize the City Manager to executed the proposed park and Roadside Mowing Services Agreement between the City of Sebastian and BK Maintenance Services, West Melbourne, FL, for park areas, collector right-of-ways and other right-of-ways in the amount of $49,578.66. PURCHASINO GENERAL SERVICES DEPARTMENT 1225 MAIN STtLEET- SEBASTIAN, FLORIDA 32958 TELEPI-IONE (561) 388-g241 FAX (561) 5gl-0149 TELEPHONE (561) 589-1295 FAX (561) 589-6880 ADDENDUM# 1 MOWING SERVICES BID DATE: March 19, 2002 TO: All Bidders This Addendum hereby becomes an integral part of the bid under consideration by you as a. respondent. The City of Sebastian deems all sealed bids to have been proffered in recognition of the entire bid package- including all issued addenda. This Addendum is being sent to you via "fax". Should you have any question pertaining to this Addendum, please contact me m 51-6-589-0745. ADDENDU1VI M[ESSAGE a) As indicated at the pre-bid conference held on Thursday, March 14, 2002, the contractor has the option to apply an approved herbicide around trees and sign posts for edging, purposes. If this operation causes any complaints, which require the contractor to perform edging by mechanical methods, the con~raetor shall do such work at no additional cast to the City and a~ the established contract prices. This work shall be performed in accordance with the following requirements: Contractor shall apply suitable chemicals that prevent growth of grass, weeds or other vegetation around trees and signposts at the application rates specified and/or required by all the regulatory agencies. The contractor shall adhere to all Federal, State and Local Regulations. and any other Agencies which have jurisdiction over and/or govern the application, transportation, storage, use and disposal of products utilized in the performance of this work including but not limited m the following: OSHA US Environmental Protection Agency Florida Department of Environmental Regulation Florida Depamnent of Agricukure and Community Affairs City of. Sebastian Codes, Ordinances and Regulations. Page 1 of 2 Contractor shall be responsible to perform any additional trea~xnents reqmred tO maintain the specific areas in a condition acceptable to the City of Sebastian without any additional charge to the City. This work shall be performed only at the previously designated areas. The Contractor. shall take alt the'necessary precautions to avoid spraying chemicals on areas not approved by the City of Sebastian. 5. All licenses, certifications, education, testing, lab reports, chemical analysis required of the coniractor for the execution of the work shall be the contractor's sole responsibility.. Any special permits for controlled chemicals or application methods required for the execution Of the work shall be obtained by the contractor. The contractor shall pay the cost for such permits and/or application fees and the conlractor agrees that such cost is included in kis pricing. 6. The Contractor is responsible for any damage caused tO laWns and shrubbery adjacent to the work area. A_ny damage caused by the Contractor during or as a consequence of the performance the work shall be instantly reported by the Contractor to the City o£ Sebastian. The City w/Il notify the Contractor what corrective action is required and the Contractor shall perform all the necessary work specified by the corrective action at his own expense. 7. Contractor shall use only chemicals approved for the intended purpose by' the Federal, State and local agencies having jurisdiction. In the event that during the term of the Agreement any chemical is banned by a Federal, Stare or local agency or removed from production by the manufacturer, the Contractor shall continue work using other approved chemicals or the specified mechanical means at the established contract prices. 8. Contractor shall comply with the chemical manu~amnrers recommended application quantifies and procedures. b) ALL OTtlER TERMS'AND CONDITIONS REM2kl/Y TIlE SAiM]E. c) This page must be submit'ted signed, as acknowledgement of receipt, with your bid. pt aclmowledged by, B~dders Signature J~.,-'~ns M. Vieiro, Buyer ' k,,./Purchasing General Services Page 2 of 2 Firm Name CITY OF SEBASTIAN BID for MOWING SERVICES BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, the work site locations and conditions, and time schedule affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to furnish all the supervision, labor, equipment, tools and materials necessary to perform mowing services meeting or exceeding the specifications and special conditions as set forth herein for the prices quoted below. The price quoted is inclusive of any Addenda that ma), be issued. By the signature below, the Contractor agrees that this Bid is made without any other understanding, agreemem, or com~ection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in ail respects fair and without collusion or f~aud. If awarded this bid, the Contractor a=m-ees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated prices which shall remain firm for sixty (60) days following bid opening date. rrEMNO. DESCRIPTION IQffANTITY UmT' U~TP~'CE tTE~TOTAL 001 Peaom mow~g so,ices ~ P~k Are~. 261".'6 x~res $ 002 Peffom mo~g somoes ~''' Collector R~'~ds 'i,173.6" Acre;'" 003 Pegom mow~g ser~ces N omer ,gMs m~* 1,~51.~ Acres "'g $ " TOTAL BID AMOUNT ............................ $ q 2 ~7~, 63 ~ NOTES: 1. The Quantities indicated on this Bid are estimates of the City's yearly requirements and shall only be used for the purpose of Bid Evaluation and Award. The Bid Quantities do not constitute a guarantee of work. The Vendor agrees that that the prices quoted have taken in consideration that the Actual Quantifies may exceed or may be lower than the Quantifies indicated on this Bid. 2. Bid award will be based on the Lowest Bid Total Amount, providing the Bidder is both responsible and responsive. The City hereby reserves the right to reject any bid if it has doubts about' the Bidder's prior experience, ability, capacity, skill, reputation, reliability, and/or any other factor(s) which may lead to doubt reasonable performance. Au~Signature Firm Name & Address Printed Name Title Phone Number Date Signed , III I Bid Proposal Page 1 of 1 PARK AND ROADSIDE MOWING SERVICES AGREEMENT THIS AGREEMENT made this ~ day of April, 2002, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and Brett Taylor d/b/a BK Maintenance Services ("Contractor"), sets forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence and experience in mowing maintenance services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and W-f-~REAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT iS, THEREFORE, AGREED as follows: 1. .TERM. This Agreement shall commence on the day it is executed by both parties and shall remain in effect as follows: a) Initial Term - One (1) year subject to all terms, conditions and provisions of the Agreement Documents· b) Automatic extensions - Two additional one (1) year terms may be added to the initial term of the Agreement provided that both parties mutually agree to the same terms and conditions specified herein. The Agreement shall be automatically renewed on the. first day following the anniversary date absent delivery by either party at least sixty (60) days before each anniversary date of written notice of its intent to terminate. c) In any event the Agreement provides for a minimum re-bid window of sixty (60) days in lieu of the automatic extension clause activation. It is essential that uninterrupted mowing maintenance services be provided for within the scope of this Agreement. d) The maximum duration of this Agreement is three (3) years. 2. A~REEMENTD. OC.Lrlv~. NTS. The A~eemerrt Documents (also called CONTRACT DOCU1VI[ENTS) consist of this Agreement, Supplemental Agreement(s), the Bid Package, the Technical Specifications and Special Conditions for Mowing Services, including Attachments "A" and '~B" (hereinafter called the Technical Specifications), the Bid Proposal submitted by the Contractor, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this A~eement. (a) Intent__._.~ The Agreement and Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications are end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all detail~ of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. performance by the Contractor shall be required only to the extent consistent with the Agreement Docments and reasonably inferable from them as being necessary to produce the intended results. (b) Bnt. ire and Sole Agre. emem- Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and rraderstandings not specifically set forth in the Agreement 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 Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instmraent in writing 2 sig-ned by the party against which enforcement of the change, waiver, discharge or termination is sought. (d) Coastu~g Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOY1V~NT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform mowing nmintcnance 'services of various City Parks as well as the entire width of road rights-of-way for the City in accordance with thc Agreement Documents. 4. TECHNICAL SPEC]~..CATIONS AND RF~L&TED DATA. The intent of the Tcchnicai Specifications and other Agreement Documents is that thc Contractor furnishes all labor, supplies and rnatcrials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all thc work dcscribcd in the Agreement Documents and ail incidental work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Technical Specifications and site conditions, or any errors or om~.~sions in the Technical Specifications, shall be ~mmediateiy reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or om~.~sion in writing, or otherwise direct Contractor. Any work done by the .Contractor al[er his discovery of such discrepancies, errors or om~.~sions shall be done ai the Contractor's risk. Any correction of errors or omissions in the Technical Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in thc next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. Thc fact that specific mention of any part of work is omitted in the Technical Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified here/n, will not entitle the Contractor to consideration in the matter of any claim for exUra compensation, bu~; the .said work must be performed and completed the same as ff called for by the A~eement Documents. 'All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as ff -'they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. In any con~ct between the general terms of thi~ Agreement, and the Technical Specifications, the provisions of the latter shall prevail The City reserves the right to increase or decrease the Acreage and/or Mo .wig. g Maintenance .Cycles at an, time. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts. 5.. COMPENSATiON. Payment shall be made monthly on a Unit Price basis as set forth in the Bid to the nearest one tenth (1/10) of an acre. Payment shall be made for all Work completed by the Contractor during each calendar month which has been accepted by the City and has been properly doc~rnented on the Work Performance Statements as set forth in the Technical Specifications. Payments shall not be made for Work deemed incomplete or deficient by the City. At the end of each month, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all' wor'~ completed and accepted by the City for that month to the Pinance Department and payment shall be made within thirty (30) days of receipt. Clain~. Claims arising from changes or revisions made by the Contractor at the City's requem shall be presented to the City before work marts on the changes or revisions, if the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins On which the claim is based. If such notification is not ~ven and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Coniraczor hereby ~vaivcs ks rcqucs~ for such extra compensation. Thc City is not obligated to pay the Contractor if thc City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate a~ccment is executed by the parties. Such notice by thc Con~ractor and the fact that the City has kept account of die costs as aforesaid shall not in any way be construed as proving the validity of the claim 6. CO .NTJLiCTOR'S DUT. Y. Contractor sha[l supervise and direct the Work, using Contractor's best sldll and attention. Contractor shall be solely responsible for and have control over work_manship, means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, 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 Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meting the Work requiremenis of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fillfxllment of this Agreement. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currendy holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under d~e Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and rights-of- ways areas, and keep streets, sidewalks and driveways open for traflSc whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure aU perrnks and licenses required by law and ordiuances, pay all charges and fees, and give all notices neeessar~ regarding the temporary- obstnxefion of streezs, sidewalks and driveways 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub-Contractors requked for services which are aecessary to complete the Work as described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub-Con~ractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under th~ Agreement shall act be employees of the City. All workmen must have sufficient knowledge, skill and .experience to perform properly the work assigned to them. Any foreman or workma~ employed by the Contractor or subcontractors who, in the opkfion of the City does not perform his work in a sld]]_fifl manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall at the written .request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and clisciplk~e of his employees 'and/or any subcontractor or persons employed by subcontractors. All personnel shall, at all times, present a neat appearance, and ail Work shall be performed and au complaints handled effectively and efficiently with due regard to City public relations. The City and the Contractor shall be immediately notified by each othe~ of any complaints received. The Contractor is required and hereby agrees by' accepting this Agreemgnt to pay all employees not less than th~ Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Pair Labor Standards Act; as amended, and changed from time to time. The Contractor ~ 'provide a state..ment that their, firm is a~, ]EquaJ Oppo~..~.Em~lo?ter. 8. TE .KMI~. ATION OF CON.TRACT WITHOUT. CAUSE. This Agreement may be terrrdnated by the City without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum merait basis. 9. CITY'S PR0YJE}CT MA_NAGEP,. City shall desigmate a Project Manager. All work done by the Contractor shal/be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which n-my arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on thc part of the Contractor shall be referred to the Project Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request and/or necessity, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work Thc Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. pROJEC..T SCPiEDL~ES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistem with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may 'entitle the Contractor to au extension of time in which to eomplete the Work as determined by the City provided, however, the Contractor shall mediately give written notice to the City of the cause of such de/ay. '2hain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make k counterproductive to work on said days. '2Lain daf' requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions ~anted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving writ-ten notice o£ suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall knmediately adv/se the City of such condition. The Contractor shall not suspend operafi°rm under the provisions of this Paragraph w/thom the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except that the Contractor will not be granted an extension of time to complete the Work ff the suspension was caused by a fault o£the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY.. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for ~nitiating, maintaining and supervising all safety precautiom and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the Stme of Florida. This Contract requ/res that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comPly with the Ac* constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. The Contract_or agrees that it is h/s respons~ility that all personnel working on or ~ proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (M-UTCD), International Municipal Signal Association (12VISA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent d~rnage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, i~cluding ~ees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any work and shall fur~h and install materials and equipment necessary dur/ng an emergency endangering life or property. Lu ail cases, he slmll noti~ the Project Manager and City o£the emergency as soon as practicable, but he shall not wait for instruct/OhS before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon yerbaI o.r written notice~ It is requ/red that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all tknes where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANDqG UP~. The Coniractor shall at all times keep the premi.~es free from accumulation of waste materials or rubbish caused by his employees or work. The Contractor shall remove ail debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and othe~ unsightly objects are removed and disposed of in a satisfactory manner. It /s the Contractor responsib'~ity to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus material due to or connected w/th the Work have been removed and the surrounding area le15 in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to con:ecu the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTINJ. G OF DAMAGE. Any vandalism, storm damage or damage by the Contractor, subcontractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end wa/is, walks, utilities or City property shall be reported to the City mediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from thc monthly sum due to the Contractor. 14. SUBCONTRAC. TS.AND ASSIGNAB,ILIT¥. The Con=actor shall not assign any interest in this Agreement and shall not transfer any interest in the s~rne without the prior written consent of the City. Any sub-contracts or other work which is per£ormed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside assoc/ates or Contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. .12q-DEdICATION. l~or other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall irdemui~, hold harmless and defend the City of Sebasthm, ks officers agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claqrn or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebast/an, its officers, officials, agents, officials representatives or employees or any other person(s) or business entity(les) who may hereafter sustain, incur or be requ/red to pay, arising wholly or in part due to any acl or omission of Contractor, its agent(s), vendors, subcontractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform contractor's obl/gafions pursuant to this contract. 16. INTERESTS .OF. CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public otTicial of the goverrfing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or cart,ting out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecurfiary interest, direct or indirect, in this Agreement or the proceeds thereof. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYI2qG. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any 10 officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the ex'tension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any m~nner or degree with the performance of services required to be performed under thi.q Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any pro£essional work which conlticts with his duties as the Cirfs ContraCtor without the prior written consent of the City during the term of thi~q Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or admini.q:rative · proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comp~ with al/known laws and regulations relating to providing services under tiffs Agreement. The failure of the Contractor to adhere to any lmown law or regulation pertaining to furnishing services under th/s Agreement shall constitute a mater~l breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 11 21. PUBLIC ENTITY CRIIvi~ The Contractor shall file a sworn statement with the City wkich is Attachment I, stating whether a person or a~liate as defined in Section 287.135 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 22. COVENANT AGAI2qST CONTINGENT PEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gilt or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of ~his paragraph, the City shall have the right to. terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full mount of such fee, commission, ! percentage, ,4ft or consideration. 23. GUAILiNTEE. The Contractor shall warrant all equipment and tools furnished by him.to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of breach of contract due to substandard Work or wor]cman.qhip. Any Work which do not satisfactorily meet the Technical Specifications whether the result of poor worlgnanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of k. Should the Contractor fail to correct rejected work promptly, the City shall impose LIQUIDATED DAMAGES. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non-performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unk or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing ms t/me perm/ts. The Contractor shall be requ/red to correct such deficiencies w/thin ten (10) days. If the deficiency has not been corrected to the satisfaction o£the City within the time fi:s_me provided, the City may have the work performed by either its internal personnel or a third party and charge the costs against payments due the Contractor. Repeated deficiencies may result in the termination oftl~ Agreement. 25. LIOLIIDA~D.. DAMA. GE__S. If the Contractor fails to perform the Work in accordance with the Agreement, the City shall hold al/the payments requested for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work w/th/ts own resources or hire a th/rd party to perform work that was neglected or done poorly by the pr/mm-y Contractor, the City m~y charge back or deduct incurred costs ~om monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, t/me is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays (but not as penalty) of one hundred dollars ($100.00) per day for each Work Unit that is deficient and compound it each day that the deficiency exists. The liquidated damages start 48 hours alter the Contractor has been verbally notified of the deficiency. This amount represents an estimnte of the City's damages for aesthetic loss to its citizens and admin/strative costs assoc/ated with the deficiencies and delays. 26. DRUG-FRI~.W, WORI<2PLACE The contract documents also cons/st of ~ru,.-_~'ree Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall 13 be in Ind/an River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. LklStrRANCE. The Contractor agrees to carry insurance, of the types and subject to the Iifx'ts as set forth below and rnaSntaiu said insurance during the life of this Workers~.. Compensation - Contractor shall purchase workers' compensation insurance as required by law. Co) Commercial General L. iabili~ - Contractor shall purchase Commercial General Liability insurance with a comb/ned single limit of at least $1,000,000. (c) Comm. ere. iai Autq Liabilir~ - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall m~ntain such insurance as is reasonably required to satisfy its obligations to protein the Work paid for by the City but not yet accepted. The imurance company selected shall be A+ or better per the Best's Key Rating C_mide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminsXe said insurance. It is the full respons~ilit~y of the contractor to insure that all sub-contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certitlca~es of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on h~s subcontract until ali insurance required.has been so obtained and approved by the City. The Contractor shall carry and m,intain until acceptance of the Worlc, insurance as specided herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and l/ability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by anY one directly or indirectly employed by either of them 14 The Contractor shall furnish 'm the Cig~ duplicate showing proof of insurance, naming the City as prior to the start of construction as provided in the Contract. certificates of insurance in an additional insured party, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the da3, and year first above written. ATTEST (SEAL): T]~ CiTY OF SEBASTIAN Sally A_ Maio, CMC City Clerk By: Terrence R. Moore, City Manager Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: CONTRACTOR: Brett Taylor d/b/a BK Maintenance Services Name: By: Brett Taylor, Owner 15 DRUG-FREE WORKPLACE I*ORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby that t.~l~/ll~W~.~e~, g/~,~e_~ does: certifies ' " " ~ ~ 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is proh/bited ~ the workplace and specifying ~e actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse/n the workplace, the business' policy of mamtain/ng a drug-free workplace, any ava/lable drug counseling, rehabil/tation~ employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in provid/ng the commodities or contractual senrices a copy of the statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a cond/tion of working on the commodities or contractual services that 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 worlcplaee no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistmace or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace throu~ implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that tlMs firm complies fully w/th the above requirements. Date: 16 PUBLIC ENTITY CRIMES Any person sabmitting a quote, bid, or proposal in response to this /nvitation or a contract, must execute the enclosed form PUtL 7069, swora statement under Section 287.133(3)(a), FLOR_IDA STATUTES, ON PUBLIC ENTITY CR12x~S, including proper check(s), in the space(s) provided, and enclose it with kis quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment fi~om the resu/tiag contract, it is your responsibility to see that copy(les) of the form are executed by them and are hxcluded with your quote, bid, or proposal. Corrections to the form will not be allowed atSer the quote, bid, or proposal opening t/me and date. Failure to complete this form in every detail and submit k with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal The 1989 Florida Legislature passed Senate B/il 458 creating Semions 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to malntm and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found gxfilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as 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 in Florida or with an agency or political subdivision of any Other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subd/vision and involving ~nfitmst, fraud, theft, bribery, collusion, racketeering, cortsp/racy, or material mi~epresentation. By law no public entity shall accept any bid from, award any contract to, or transact arty business in excess of the threshold mount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 month.q from the date that person or affiliate was placed on the convicted vendor list urdess that person or affiliate ha~ been removed from the list purstm~t to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, t990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to TItE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidav/t will be the form to be utilized and must be properly sigmed in the presence of a notary public or other officer authorized to administer oaths and properly executed. TItE I~CLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALl, BE SUBMITTED CONCUR.REi~TLY WITH YOUR QUOTE OR BID DOCUMENTS. NON.. INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 17 SWORN STATEMENT UNDER SECTION 287. I33(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIM]~S TI:tIS FORM MUST BE SIGNED IN TIlE PRESENCE OF A NOTARY PUBLIC OR OTI:rER OFYICER AUTHORIZED TO ADMINISTER OATItS. 1. This sworn statement is submkted with the Riverview Park and Piers Project Services Agreement for TPIE CITY OF SEBASTIAN. 2. This sworn statement is submitted by ~-e# ['~,~g~- z~Xd///~., whose business address is ~ ~,~ ~ /~)/,-/d~,~//~ and (ff applicable) ks Federal Employer Identification (FE~ is 3. My name is t~p-e,~ '/',")~t~.~. (please print name of individual signiug) and rr{y relationship to the entity nan~ed above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Flohda Statules, 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 w/th the United States, including, but not limited to, any bid or contract for goods or services to be provided to andy public entity or an agency or political subdivision of any other state or of the United States and involving antitmm, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation~ 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction'of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or infomtion after July 1, 1989, as a result of a jury verdict, nonjury thai, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the controI 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 "n~l~ate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an af~liate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equ/pment or income among persons when not for fair market value under an arm's teng~h agreement, shall be a prima facie case that one person co.ntrols 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. 18 7. I understand that a "person" as defined in Paragraph 287.133(I)(e), Florida Statures, means any natural person or entity organ/xed under the laws of any state or of the United States with the legal power to enter into a b/nding contract and which bids or applies to bid on contracIs for the provision of goods or services let by a public entity, or which otherwSse transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of au entity. 8. Based on information and belie/; the statement wkich I have marked below is true in relation to the entity submitting this sworn statement. ('Please indicate which statement app,.' - Neither the entity submitting this sworn statement, nor any officers, directors, executives, parmers, shareholders, employees, members, or agents who ~re active in management of the entity, nor any affil/ate of the entity have been charged with and convicted ora public entity er/me subsequent to July 1, 1989. ~ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) ~ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or ~liate on the convicted vendor list. (Please attach a copy of the final order.) ~ The person or ~te was placed on the convicted vendor I/st. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) __ The person or ~+~iiate has not been placed on the convicted vendor list. describe amy action taken by or pending with the~General Services.) (Please 19 B K Maintenances Service Is any equal opportunity employer. Owner CITY OF SEBASTLkN TECHNIC~ SPECIFICATIONS AND SPECIAL CONDITIONS OF PURCHASE FOR MOWING SERVICES 1. SCOPE OF WORK Furnish all supervision, labor, materials, supplies, equipmem and tools necessary to perform mowing services at various locations throughout the City of Sebastian, on an as needed basis and as designated by the City of Sebastian. 2. WORK AREAS The sites that require mowing are shown and identified with a green dot on the Indian River County Map titled Sebastian Highlands. The sites have been divided in three categories according to the frequency of service and site type. These categories are shown below and also derailed on Attaclarnent B: · Three (3) Park areas which shall be mowed approximately 24 times per year · Eigh~ (8) Collector Roads Right of Way areas, which shall be mowed approximately 24 tim es per year. Other Right of Way areas along City Units Roads detailed on Attachment B shall be mowed approximately 6 times per year. City Units areas are shown on the Indian River County Maps prepared by I~imball-Lloyd, Inc. in March 1992 and identified as S-1 and S-la The City of Sebastian reserves the right to add work sit~s over and above the ones shown on the Indian River County Map titled Sebastian Highlands and/or to delete any of the designated work locations shown on the previously cited map. 3. WORK REQUIR.EMENTS The contractor is responsible for mowing the full extent of the designated length and width of each area. Any Right Of Way areas which cannot be mowed the entire width due to the existing field conditions shall be mowed from the roadway to two (2) feet behind the swale water flow line as a minimum or as otherwise directed by the City of Sebastian. Prior to starting any mowing activity, the contractor shall remove and dispose of any litter and debris such as palm fronds, tree-shrub lhnbs and cuttings, glass, paper, cans, tires, hub caps, boxes, wood, cable and any other materials encountered m the designated mowing areas using all means necessary. The contractor shall mow the grass/turf to a height which shall not exceed five (5) inches. The contractor shall perform in conjunction with the mowing activity all the necessary edging and trimming of ~ass around all £xxed obstacles and structures located along and within the designated areas including bm not l~m~ted to .sidewalks, curbs, gutters, posts, poles, trees, shrubs, fire hydrants, end wails, flower beds, buildings, etc. Contractor shah leave area in a neat and uniform condition after mowing. Curb edg/ng shall be accomplished by mechan/cal methods only. No herbicide applications shall be done for curb edg-ing purposes. Thc contractor shall edge the back of curbs and g-utters. Gutters shall be left in a neat condition and free of ~ass, weeds and related clippings, such that drainage is not impaired. Work shall be performed in drainage swales and ditches. The contractor shall maintain thc ex/sting slopes during the performance of the work. In areas to wet to support mechanical mowing equipment and/or standing water areas, work shall be performed utilizing hand- trirnnfing methods. These areas shall be left in a neat and uniform condition, and aH cut debris shall be removed from the drainage swales and ditches immediately to prevent possible drainage obstructions. The contractor shall be responsible for the ~rnmediate clean up of litter and cut debris thrown or dragged by his equipment onto adjacent property and roadways. The contractor shall be responsible for thc proper disposal of all litter and debris removed by him from the designated mowing areas. Stockpiling of debris on or along the designated work areas shall not be permitted. If the City deems that stockpiling is necessary, it shall be done at specific locations approved by the City. Mowing operations shall be performed ~n such manner that will not create excessive airborne dust and other particulates as determined by the City of Sebastian. The Contractor shall exercise the necessary care during all work activities and avoid damages to any private and/or public structures and vegetation including but not limited to utilities, signs, poles, fences, concrete sU-uctures, culvert pipes, sprinlder heads, storm water swale lines/slopes, trees, bushes, shrubs, planting beds, mulching tings, etc. The contractor shall be responsible for the repairs of damages caused by h/m to any private or public property. The work to repair the damages may be performed by the contractor or by others. Damages caused by the contractor, subcontractor or supplier shall be reported by the contractor immediately to the City of Sebastian. Vandalism or storm damage shall be reported to the City as soon as possible. 4. iNSPECTION AND ACCEPTANCE The City of Sebastian shall inspect the work accomplished by the contractor and will solely decide as to any questions which may arise regarding the contractor's performance including but not limited to quality and acceptance of work performed; equipment, tools and materials used; and the manner of performance and rate of progress of the work. The contractor must correct to the' City of Sebastian's satisfaction any work performed that does not meet the spec/fled requirements prior to any request for payment for suct¢ work. The contractor shall be responsible to maintain the progress of the work at a rate which is acceptable to the City. If the City cieterm/nes that the progress of the work is unacceptable, the contractor shall use the necessary means, and/or make the necessary changes in his operations to correct the deficiencies and reach a pro=o-mss work rate acceptable to the City. 5. DESIGNATED CONTACT The contractor shall appoint a person or persons to act as a primary contact with the City of Sebastian. This person and/or back up shall be readily available during normal work hours, by phone or in person, and shall be knowledgeable of the terms and procedures involved. 6. pERSONNEL AND SUPERVISION The contractor shall provide .highly competent personnel and supervision able to perform the required mowh~g services at the highest quality levels of workmanship and professional standards. The contractor shall be responsible for the scheduling, supervision and direction of the work performed by his employees. Contractor personnel shall, at all times, conduct themselves properly, be courteous and polite to the citizens of the City of Sebastian and present a neat appearance. Ail contractor personnel shall wear the appropriate personal protective equipment and gear at all times wkile working within the City of Sebastian. All contractor personnel shall be properly trained to operate sa~ely and appropriately all tools and equipment used by the contractor during the performance of work. The contractor shall be responsible for all the necessary s~ety and operational training of his employees. 7. ,E_Q .L?MENT AND TOOLS The contractor must own or have the ability to buy, rent or lease the adequate mount(s) o£ equipment and tools to ensure that the City of Sebastian mowing requirements are accomplished within the established schedules. All equipmem and tools used by the contractor shall be maintained in safe operating condition at all times, and be free from defects or wear which may constitute a hazard to any person or persons within the City of Sebastian. In addition, all moving equipment shall Comply with all D.O.T. regulations, display all the necessary signs, and have all lights operating properly (including warning, emergency, strobe). The contractor shall immediately remove from operation any equipment that fails to comply with D.O.T. regulations, or display the necessary sign% does not having lights working properly, or it's unsafe to operate. Mowers, which require operator occupancy, shall have a "SLOW MOVING VEHICLE" sign mounted on the back when being used or worldng within fifteen (15) feet of the roadway. All electrical equipment shall be properly grounded. 8. INSPECTION OF DESIGNATED WORK AREAS The contractor shall be responsible for inspecling the designated work sites to become familiar with the existing conditions in order to determine the appropriate work operations to be earhed out to successfully accomplish the execution of the work. It is the responsibility of the contractor to consider mud iuclude in his bid prices all the necessary supervision, labor, equipment, tools and materials necessary to perform the work under the existing site conditions. City of Sebastian strongly recommends that all the contractors bidding for the mowing services described above visit the designated work sites. 9. ~NOTI~...ICATIONS The City and the Contractor shall immediately notify each other of any complaints received. The City shall decide how to handle each complaim. The contractor shall immediately take any corrective action as directed by the City. The contractor shall also notify the City mediately and provide the location of all large concentrations (as in piles) of household, construction, or yard debris found on the designated work areas. The contractor shall not be responsible for the removal such debris. 10. SUBMI~TTAL..8 The contractor shall prepare and submit With his bid the attached BIDDERS QUALIFICATION QUESTIONNAIRE. The contractor shall prepare and submit to the City on a weeldy basis and seven (7) days prior to commencing the work a detailed weeldy mowing plan, which will show the mowing activities and work locations scheduled for each day of the week. Upon completion of the work for a designated area and/or unit, the contractor shall prepare and submit to the City a Work Performance Statemem (see Attachment A for sample) which shall detail the ~uit and/or area of the work, thc actual work location including length ~md with of work area, the quantity o£ work performed for each location in square feet, the date when the work was pcrformcd, and the total quantity o£ work performed (in square feet) fo~ all the locations shown. This Work Performance Statemcm shall bc signed by thc Contractor' authorized representative and by the City's authorized representative. Thc executed Wozk Performance Statements shall constitute thc back up for the contractor's request for payment and consequently all th~ invoices submitted by thc conU'actor shall have the appropriate executed Work Performance Statements attached thereto. HOURS OF WORE The Contractor may work Monday through Friday between the hours of' 7:OOAM and 6:00 PM unless otherwise directed by the City. Thc Contractor taus; request approval from the City to work any other days and/or hours. How many years have you been engaged in the mowing business under your present firm~? List of current contracts where your firm is the primary contractor indicating owner, amount, duration and compleiion date for each contract: 3. List of contracts completed by your firm in the last three (3) years indicating owner, mount, completion date, owneFs contact person and phone number: 4. List names and titles of the officers of your fn'm: 5. Attach a list of the vehicles, equipment and' tools owned by your firm List below the vehicles, equ/pment and tools available for t. bis contract: 6. List below the vehicles, equipmem and tools that your firm will have to buy, lease or rent for this contract: 7. Lis~ below ~he pcrsonnc! tha~ ~ be ~s~i~ncd m th~ con~rac~ indicadn~ ~he position and years of experience of each member: 8. Inclicate the $ mount of sales of your firm for year 2000: 9. indicate the $ amount of sales ofyour firm for year 2001: ATTACHMENT A WORK PERFORMANCE STATEMENT FOR MOWING SERVICES CONTRACT CONTRACTOR: CONTRACT NUMBER: I INTERSECTION INTERSECTION I WORK AREA COMPLETED QUANTITY COMPLETION :UNIT STREET NAME I FROM TO I LENGTH ~r~"~C=ET WIDTH in FEET in SQ. FT. DATE 6 Q..ua.~'r,/Ln Autumn Tar. Rose Arb'Bt'Dr. 1040 20 20800 01/09/02 6 RoseArbor Dr. Biscayne.Ln. , _ Summer St. 2112 ......... 24 50688 "6i)~9/02 6 tSummer St. G~orge S~, Bywood'-A~e,' .... 864 ......... ~0 17280 01/09/02 6 Saa~Trass Ave. Crown St. Melrose L~~' 2266 i[~,,i;ii,~.. '"2'0'~ 45320 01109/02 6 Strat Ave. S.R.512 ,, IGeor~'e'.St.' , 528 " 20 10560 01/09)02 -" M.e, lrose I 20 73920 01/09/02 6 Ln. S.R.512 Carnation Dr. 3696 .... TOTAL WORK PERF01~'I~'ED ............................ ~;'.... "'" 218568 S A L 'E For Contractor: For City of Sebastian: ATTACHMENT B SEBAST HOM£ OF P£I. ICAN ISLAI~ID '1225 MAIN STREET ,'.SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589~5570 COLLECTOR ROADS AND PARK AREAS TO BE MOWED 24 TIMES PER YEAR. SIZE OF RIGHT OF WAY BASED ON CITY BEiNG 50% BUILT OUT. ROAD LENGTH X WIDTH OF R.O.W. SQ. FT. ACRES Barber St. 27,088 x 28 758,464 17.4 SchumannDr. 14,545 x 35 509,075 11.7 WimbrowDr. 13,398 x 28 375,144 8.6 Fleming St. 10,560 x 28 295,680 6.7 Main St. 10,139 x 25 253,475 5.8 Laconia St. 8,976 x 28 251,328 5.7 Easy St. 7,740 x 30 232,200 5.3 Englar Dr. 6,372 x 28 178,416 4.0 + 65.2 PARK AREAS ACRES Hardee Park 6,4 Easy Stree~ Park 3 Historical Park 1.5 10.9 TOTAL ACRES FOR 24 X PER YEAR = 76.1 "An EQual Opoartunity Emptoyor" Celebrating Our 75th Anniversary £~ OF HOME OF PE[.IE, AN ISLAND '~2.25 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 TOTAL OF ROADS IN EACH fJNIT TO BE MOWED 6 TIM;ES PER YEAR. SiZE OF RIGHT OF WAY BASED ON CiTY BEING 50% BUILT O'UT. UNIT LENGTH X WIDTH OF R.O.W. SQ. FT. ACRES # 11 105,416 x 15 1,581,240 36.3 # 10 94,931 x t5 t~423,965 32.6 # 17 77,015 x 15 1,155,225 26.5 # 02 72,006 x 15 1,080,090 24.8 # 13 43,688 x 15 655,320 # 01 39,029 x 15 585,435 13.4 # 08 38,214 x 15 573,210 13.1 # 05 31,939 x 15 479,085 10.9 # 06 28,831 x 15 ' 432,465 9.9 # 04 24,753 x 15 370,995 8.5 # 16 23,682 x 15 255,230 8.1 15 22,871 x 15 343,065 7.8 14 17,952 x 15 269,280 18 16,785 x 15 251,775 5.7 ".an Ec~ual Opportunity Employer" Celel~rating Our 75th Anniversary £1T~ or 1225 MAIN STREET. SEBAS"i'IAN, FLOR[DA 32958 TELEPHONE: (561) 589-5330" FAX (561) 589-55'70 TOTAL ROADS IN EACH UNiT TO BE MOWED 6 TI_IVIES PER YEAR. UNIT LENGTH x WIDTH OF R.O.W. SQ. FT. ACRES # 09 13,645 x 15 204,675 4.6 # 03 9,059 x 15 135,885 3. #20 5,119 x 15 76,785 1.7 # 19 3,239 x 15 48585 TOTAL ACRES OF .ROADS MOWED 6 X/YEA~R 229.2 "An EOu~l Opl~orlunity Employer" CetePratinD Out 75th Anniversary SEBASTIAJ~ HOM£ O]: P£LICAJ~ ISLA. ND 1225 MAIN STREET . SEBASTIAN, FLORIDA 32958 TELEPHONE': (561) 589-5330" FAX (561) 58B-5570 STREET LISTINGS BY UNiT IN THE CITY LiMiTS "An Er~ual ODl~orlunity Em~lpyer" ¢¢l~Dtaung Our 75th Anniversary &') 0 0 ~n Bidder's Qualification Questionaire 1. How many years have you been engaged in the mowing business under your present firm name? B K Maintenance currently has been performing mowing contracts for four years. 2. List of current contracts where your firm is the primary contractor indicating owner, amount, duration and. completion date for each contract: Oct 2003, City of Palm Bay Medians and Road right-of-way $69,000. Oct 2003, City of Palm Bay Tracts and Drainage $5,000. Oct 2003 City of Palm Bay Parks and Recreation $43,000. Oct 2005, Marion County Parks and Recreation and Facilities $167,000. 3. List of contracts completed by your firm in the last three years indicating owner, amount, completion date, owner's contact person and phone number: City of Palm Bay first mowing contractor to complete two years of medians and road right- of-way to preceed to third year with a percentage rate. 4. List names and titles of the officers of your firm: Brett Taylor co-owner, Fletcher Nail co-owner, Scan Chandler-partime supervisor of hard labor, Tim Lachosifis- Supervisor over mowing in Brevard County, Brad Petoway- Director over mowing o~' Marion County, Justin Lightniner- area labor control manager. 5. Attach a list of the vehicles, equipment and tools owned by your firm. List below the vehicles, equipment and tools available for this contract: Vehicles- Ford 350 2001, Dodge 3500 2001, Izuzu 1ton with lawn bed 1999, Mistubrs lton with lawn bed 1989. 6. none. 7. List below the personnel that will be assigned to this contract indicating the position and years of experience of each member: Will be determined through the crews I have establish due to upon award of bid. 8. Indicate the $ amount of sales of your firm for year 2000: 100,000 -2000. 9. Indicate the $ amount of sales of your firm for year 2001: 142,000 - 2001. I-Iow many years have you been engaged in ~e mowing business reader your present 2. List of currem contracts where your farm is the primary contractor mdica~rirtg owner, amount~ duration and completion date for each contract: 3. List of contracts complected by your firm in the last three (3) years indicating owner, mount, completion date, owner's contact person and phone number: List names and rifles of the offioezs of your firm: Attach a list of the vehicles~ equipment and tools owned by your firm. List below the vehicles, equipmcm amd tools available for this contract: 6. List below the vehicles, equipment and tools thai your firm will have to buy, lease or rent for th~ contract: . 7. List below the p~Tsonn~l that will be assigned to this contract indicating the position and years of experience of each member: 8. Indicate the $ mount of sales ofyonr from for year 2000: 9. Indicate the $ ~mount of sales of your firm for year 2001: Pubhc Works Department ( City of Palm Bay ) Bill Nichols (Public Works Director) ~_1-952-3438 Chm-enfly mainmimng 45 miles of mectians & roads r/ght ofways. Cons/sting of mowing ,edging ,string trimming ,tree trimming &ect..( since Oct. 1999 ) Parks & Recreation Department (City of Palm Bay ) Fred Poppe 321-952-3400 Currently maintaining 11 parks. Consists of finish mowing edging, string trimming ,blowing of parking lots & sidewalks. ( since Oct. 2000 ) Marion. County Park& Facilities Management Department Crreg Willy ( Parks Director ) 352-236-7111 Starred Oct. 2001 mamlainmg Boat ramps, Parks, Voting Builds & County Offices Consists of mowing, blowing, Parking lot cleaning ~ string trimming. CITY OF BAY FLORIDA 120 MALABAR ROAD, S.E. · PALM BAY, FLORIDA 32907-3009 · (321) 952-3400 Visit our wehsiie al: http://www, palmba¢iorida,org March 6, 2002 BK Maintenance Mr. Brett Taylor P.O. Box 120533 West Melbourne, FL 32912 Dear Mr. Taylor: On behalf of the City of Palm Bay, I would like to express my appreciation for your contribution towards beautifying the City through litter control. Recently, the City had received several comments from citizens about roadside litter. Through your efforts, the problem is being addressed and the City is presenting a much more favorable view to our residents and visitors. In fact, several residents have commented on the noticeable improvement. Thank you again for your.efforts towards beautifying the City. We have an outstanding team of community businesses, volunteers and staff that all work together to make the City more beautiful. Sincerely, CITY OF PALM BAY Ed Geier Mayor SH/tjr cc: Councilmembers Bob Nanni, City Manager Sue Harm, Public Works Director K:~,~gmt\Robertson\nennl\council\EG-ThBnkLitterControtMedianM°v~ng'~°c 'PROGRESS THROUGH PARTNERSHIP' FROM : LO.~SING INSUR~CE PHONE NO, 3S-~ ?32 0!J2 Mar., 26 2002 ll:2?RM P2 'THIS QERTIPICA"r~ I~ I~UED A~ ,A, MATFfl~ O~= INPOI~MATIO~ 0~ T~T ~E ~OUO~ ~F IN~U~N0~ U~T~ BE~' ~ ~ t$~U~ tO TH~ INS~ I~ ~ FOR THE POLIOY ~IOD Ng~HBT~NbJNB ANY R~ ~i~NENT, TE~U OR OOND~ON ~F ANY OON~OT O~ 0~ ~UN~ WITH ~PEOT lO WHIGM THru8 MAY g~ ISBUED OP MAY ~T~, THE 1NSU~OE A~RD~D BY THE POLIOI~ AND o~omoNs D; ~UOH POLIOlE~, LIW~ 8M~N MAY HAY~ BEEN ~UO~ BY PAI~ ................... J .... I ~ TH~ ~ER~A~ D~ NOT A~NDI ~ND ~ (~2) V32-&B~0 A CINCI~TI IN~CE CO~ ~ O. BO~ 12356 .j ' _ ........ '~--,-- ' OE~IOA~ M~Y ~ ~O~ ~ , L~ 1~ UM~ ~DWN MA~ HAVE B~N .......... .: ~Y ~~ o~l 01~3/02 01~3/03 ~.~.~,~ ~,~l,~,~ ....... -- ,,;~ ..... ,., ,,., ' " "' ' I~ ~ ~ ..... ~~ ~ ............ , ! ~E~ ~:,~ ~ ,1~ ........ ~ i~, ~,~ ?. ,. . ................ , ,, ~,, :[ ..... ~'~ ~~~ ..... ~" ~.' .......... '¢ ~=%;~!'~;~: ,;~:,,~=:=~,:~,~,x,~,., ,~ja~,~f,~,,,,~:~%~r~~'~=~'=~z~ ........................... I~o~ oF ?F.L~O~ ~ Subject: Proposed Resolution R-02-18 Transfer of Cable Franchise Appr~ager Terrence R. 1ViScoSe , Agenda No. Department Origin: Procurement: ~ Date Submitted: 04-11-02 For Agenda of: 04-24-02 Exhibits: Proposed Resolution R-02--18 EXPENDrI'URE REQUIRED: I AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Since AT&T Corp., intends to undergo a reorganization and merger transaction with AT&T Broad band Corporation, Comcast Corporation and related affiliates, the proposed Resolution R-02-18 approves the transfer which will result in the franchise being operated by an entity controlled by AT&T Comcast Corporation. RECOMMENDED ACTION Move to adopt Resolution R-02-18 approving the transfer of Cable Franchise pursuant to AT&T merger with Comcast Corporation. RESOLUTION NO. R-02-18 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE TRANSFER OF CABLE FRANCHISE PURSUANT TO AT&T MERGER WITH COMCAST; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, on December 16, 1998, the City of Sebastian approved Ordinance No. O-98-21 granting a franchise to Falcon Cable Media, a California limited partnership; and WHEREAS, under section 13 of said Franchise, any transfer of the Franchise must be approved by the City, which approval cannot be unreasonably withheld; and WHEREAS, said franchise has been transferred two times since and is currently operated by a subsidiary of AT&T Corp.; and WltEREAS, AT&T Corp. intends to undergo a reorganization and merger transaction with AT&T Broadband Corp., Comcast Corporation and related affiliates which will result in the Franchise being operated by an entity controlled by AT&T Comcast Corporation; and WHEREAS, the City finds no reasonable basis to withhold approval of the transfer. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. APPROVAL. The City Council of the City of Sebastian hereby grants approval to the transfer of the Franchise granted under Ordinance No. O-98-21 to a related entity of AT&T Comcast Corporation, conditioned upon the assumption of the duties and obligations of the Franchisee under Ordinance O-98-21 by said emity. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption · The motion was seconded by Counciknember upon being put to a vote, the vote was as fonows: by Councilmember arid, Mayor Walter Barnes Vice-Mayor James Hill Counciknember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of April, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes only: Sally A. Maio, CMC city Clerk Approved as to form and legality for reliance by the City of Sebastian Rich Stringer, City Attorney City of Sebastian, Florida Subject: Resolution No. R-02-19 Vacation of Easement - Huddy Lot 15, Block 264, Sebastian Highlands Unit 10 Agenda No. ~'"' '~ r, ~ a; .... ~/ e~. ,. ~;.~, ~. Department Origin: Growth Management Date Submitted: 4/16/02 (T~¢ For Agenda of: 4/24/02 Exhibits: 1) R-02-19 2) Site Map 3) Staff Report 4) A. pplication 5) Utili.ty Letters EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY This is a request for vacation of four (4) feet of the rear 20' public utility and drainage easement located on Lot 15, Block 264, Sebastian Highlands Unit 10. The applicant wishes to consm~ct a swimming pool and screen enclosure in this area. The original request was for five (5) feet. The Engineering Department and other utility emities have approved of releasing four (4) feet. There is an additional 30' drainage fight-of-way behind the property. RECOMMENDED ACTION Adopt Resolution No. R-02-19. RESOLUTION NO. R-02-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 15, BLOCK 264, SEBASTIAN HIGHLANDS UNIT 10; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING.; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a swimming pool and screen enclosure on Lot 15, Block 264, Sebastian Highlands Unit 10 within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of a portion of the rear public utility and drainage easement of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southeastern most four (4) feet of the northwestern most twenty (20) feet of Lot 15, Block 264, Sebastian Highlands Unit 10, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof, as recorded in Plat Book 6, Page 37B, of the Public Records of l~ndian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately 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 Walter Barnes Vice-Mayor James A. Hill Councilmember Joe Barczyk Councilmember Ray Coniglio Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ,2002 day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for relia~ t/he City_of Sebastian only: Rich Stringer, City Att{~ey 1, ciiy 0r PELICAN ISLAND ABANDONMENT OF EASEMENT Staff Report Project Name: Requested Action: Residence of Lisa A. Huddy Abandonment of the southeastem most four (4) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 15, Block 264, Sebastian Highlands Unit 10, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 549 Albatross Terrace Lot 15, Block 264, Sebastian Highlands Unit 10 Lisa A. Huddy 549 Albatross Terrace Sebastian, Florida 32958 Indian River Pools, Inc. 540 Camelia Lane Vero Beach, Florida 32963 Project Description: a. Narrative of proposed action: Applicant wishes to abandon the southeastern most four (4) feet of the northwestern twenty (20) foot public utility and drainage easement on Lot 15, Block 264, Sebastian Highlands Unit 10, in order to construct a swimming pool and deck. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Single-family residence 7. Utilities Comments: a. Florida Power & Light: approved b. Southern Bell: approved c. Charter Communications: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved Zoning Technician Comments: The applicant originally requested abandonment of five (5) feet. The Engineering Department's records revealed that previous releases of easements for surrounding properties had been allowed for four (4) feet. Engineering would like to keep the area consistent. The applicant and the other utility entities concurred with four feet. Staff Recommendation: Approve Resolution R-02-19 Date City of Sebastian Development Order Application Permit Application Ne. Applicant (If not owner, wrftten authorization (notarized) from owner is required) Name: Address: FAX Number-:. ( ) - Owner (if different from applicant) Phone Number:. (~"~_._._._~) FAX NumbeF. ( ) IType of permit or action requested:/~/~ljOO~J ~¢5-~ ~ P ~--~z~-'-~l~'~J-i-- PLE_ASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES QF ALL MAPS, SURV~r'S, DRAWINGS, ETC. SHALL 8E A~-r'ACHED AND 81/2' @Y 11" COPIES OF ANY A1-FACHMENTS SHALL RE INCLUDED. Aq-FACH THE APPRQPRtATE SUPPLEMETAL INFORMATION F©RM. A. Project's Name (if applicable): B. Site Information Lot: BI~: ¢ Unit: Su~isi~n: Indian River Count~ Pardi ~ Zoning Cla~ifi~tJon: F~ure Land Use: Use: Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if DATE RECEIVED: IForrn CD-200"/ Approved: 08/27/97 Page f of 3 FEE PAID: $ [ Z..~-O0 RECEIVED BY: ~.~ tDeveJ(~prnent Application File Name: D(~a Revision; Permit Application No. Project Personnel: " Agent: ' Phone Numbe¢. (F6, I ) ?-- 3W' - 2-'--?¢f¢---¢ ~.¢¢//( FAX Numben ( ) E-Mail: A~torney: Name: Address Phone Numhe~. ( ) FAX Numbe¢. ( ) E-Mail: Engineer: Name: Address Phone Numben ( ) - FAX Numbem ( ) - E-Mail: Surveyor: Name: Address Phone Numbe~. ( ) FAX Numbe¢. ( ) - E-Maih AM T}IE LEGAL/4~ ~ORN TO AND SUBSCR~BEB BEFORE ME BY , , ," , ,,~ ..... AS IDEN~FICAT1QN, ~IS ~ .... -- ~ NGTARY'S SIGNATURE ~~~~ ~ ~~ PRIN~D NAME OF NOTARY , ,, ~ --~- ' ," ( ~ COMMISSION NQ./~PIRATION ~ ~ Z ~t .... S~L: [ F~rrn ,CD..2OO'1 --~.. '~/"27/97' RE'SENTATIVE OF TH~: OWNER OF: THE PROPERTY DESCRIBED WHICH IS THE S~JBJE~T"'I~:A"f'f~R OF THIS AIL 'THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN T~IS APPLICATION ARE Development Application File Name: Doa Revision: P~n~n~ Applica~on No. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning)~ site plans, conditional use permits, special use perrnit~ varian'Ces, exceptions~ and appeals. I/VVE, THE OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER-FY DESCRIBE[ID WHICH IS THE SUSJE~CT OF THIS APPUCA~ON, HEREBY AUTHORI:Zt= EACH ANO EVERY MEMBER OF THE BOARD/COMMISSION OF THE CFf-Y OF SEBASTIAN (THE ~BOARD"/"OOMMIS,SION') TO PHYSICALLY ENTER UPON THE PROPERTY ANE) VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE .ANY OBJECTION OR DEFENSE [/WE MAY HAVE, DUE TO THE QUASI-JUDiCIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMI'$SION MEMBER ENTERING OR VIEWING THE PROPER'T-'f, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE BUt PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CQNSTFi'U-PION WERE VIOLATED BY SUCH ENTERING OR VIE"vVING. THIS VIAIVER A,.~"~(~N.~ENT IS BEING SIGNED BY ME./US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPL, ED, OR PROMISES ~1~, B~' ~MPLOY, E~=, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Sworn to and subscribed beforeh'ne by ~--,/_~?¢" who is personally known to me or produced as identification, this .__.~?¢-~lay of /72'2~,..¢/__:i~ , 1~;¢ Printed Name of Nota~ Z.w~,, / i~, ~,c~ ,. ~ Commission No./~piratien .... ~'¢ ~.~ '~ Seal: IForrn CD..200-1 Apl:~ved: 08/'27'/97 DeveJopment Appiica ~ion I Revi=ion: F[ie Name: Supplemental Information Easements, vacation of Per-mit Application Ne. Descdbe the easement to be vacated (provide a legal description, if possible): Why is this vacation of. an easement being request?. 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. ~Form CD-2O09 paqe f of 'l ' L Vacafion eq Easernen~s . ~L ~pprovech 8127/97' Revision: File Name: $ieasev City of Sebastian 1225 MAIN -qTREET [] SEBASTLAN, F~0PJDA 32~58 TELEPHONE (7?2) 589-5537 [] FA.'((772) -~89-2566 REOUEST EO_R ABANDO. NM~__N_T OF EASEMENT March 19. 2002 - Description of~a~ement tn be aba~done~, The ~outhemm most.~ f~e~ of~c rear public utility and, dr~irmge easemmt lot'.areal orl the northwestern tweat~, (20) feet of Lot 15, Block 264. Se'b~.sti~n Highlands Unit 10, less the northeastern mo.~t six (O) feet and th, $outhw,~tem moat six (6) feet rhea-eof. Location oLEaaexl~nt; 5¢9 Albatross Terrac.~, Sebastian, Florida UTILITY: Pedro Rubiera, FPL APPROVED: J DENI~I): APPROVED/DENIED BY: ~-~q ~_a~ COMMENTS: { '.gratture) FAX NO: (772) 489.6224 DATE: Retul-lllot Doff/Bosworth, City of Sebastian, Growth Management Department Fax No. (772) $89-2566. i't0. 122~ MAIN STRi:~ET S SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5537 ~ FAX (772) 589-2566 REQUEST I~_OR ABANBONMENT OF. JgASEIVIENT Mamh 19, 2002 Oemc. r.i~tion_ofEasemeat to b~ aban~n~: ~e ~ou~~ m~fi~ (5) f.~t of me ~ ~ublic miti~ and ~age ~em~ l~a=~ ~ ~= no~west~ ~ (20) feet of Lot 15~ Block 264, Seba~im Hi~ Unit 10, Ie~ ~e no~~ mo,t hx (6) feet ~he sou~wes~m mo~t six (6) fee~ flaer~of. ~c~ion of Easemmn*: 549 Alba~os~ Tem~, $~b~d~, ~1o~ UTIIATYt David Fi, her, Cit7 lrngta~r APPI~OVED: ~ DENIED:_. FAX NO: 589-6209 DAT~: .~ -.AD .,'<,: · Ketm'n to: Don5 Bosworflt C~ry of Seba,fi&a, Orowd% Mm-aagemen~ Dep~rtra~m Fax No. (V?2) 51t9-2~66. Bt_.DG D~-~T SEIBgSTIRM HO. ;~0;~ p. MAR~ ~, 2~ City of Sebastian 1225 M.XIN STREET [] SEBASTIAN, FLOKIDA 32958 TELIEPHONE (772) 589-5537 [2 FAX ('772) 589-2566 gEOUEST.. ~OR i.~o~~ .QF E~SEM~NT March 19, 2002 Description of Ea,sement to be .,handoned: The southea~m most five (5) fe~t of the rear public utility and d~inage easement located on Re northwcst, zm twenty (20) feet of Lot t 5, Block 264, Sebastian Highland~ Unit 10, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof, Lncafiott of Easemen=t: 549 Albat~ss Terrace, Sebastian, Florida UTILI~: ~kW~er, ~il South F~NO: 772~66.$651 APPROVZD: : DA~:~ ~ COMMENTS: ~.~tum to: Dorri Bosworfla, City of Sebastian, Growth Maxtagemem Dcpar~ent Fax No. (772) 589.2566. City of Scbastim~ 1225 MAIN STRE]ET U SEBASTIAN, F. LORIDA 32956 TELEPHONE (772) 589-$537 ~ FAX (772) 589-2566 REOUEST FOR ABANDONMEN_T OF EASEMENT March 19, 20(12 B. escriotio.n of Easement to. be abandoned: The soutJ.~eastem most five (5) fe~ of;he rear public utility and elrainage easement located on the northwestern twemy (20) feet of Lo; 15, Block 264, Sebastian I-iighiands Unit 10, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 549 Albatross Terrace, Sebastian, Florida UTILITY; Kevin N. Ogthus, i.R.C. Utilities FAX NO: 770-~1143 APPROVED: tNA~ DENIED: _ __ DATE: APPROVED/DENq~--/D BY:~~ ~ ~ _~/21/d~ /,'~.~. Dorri Bosworth, Ciw cf Sebas;ian, Growth Management DeFartment Fax No. (772) 58%2566. ........ ~AR.20.2882 ll:2B~M BLDG D£PT S£BASTI~M M0.~04 City of S,b~a:ian 1225 MALN STREET rn SEBASTIAN, FLORIDA 325}58 TELBBHONE(772) 589-5537 0 FAX (7'/2) 589-2566 r~OU'E_S_T FOR ABANDONMENT Or EASE ,.MJgNT Merch I9,2002 peserintion of. Ease~te:nt to be abandoned: The southeastern most five (5)feet of the r~ar public utility and drainage easemen: located on the riorthw~stcm tw~nt7 (20) feet of Lot 15, Bloe-k 264, Sebastian Highlands Un_it 10, less the northeaztem most six (6) feet and the ~outtawcstcm most six (6) feet thereof. 549 AlbaB'oss Termce~ Seha~ian, Florida r.4~ NO: 778-9635 DATE: R~tmm to: Dorr[ B osworth, City of Seba~tim~, Orowttx Management D~partrnent Fax No. (772) 589-2566. HOME OF Prd.iCAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No, R-02-17 Agenda No. 02.053 for Sul Department Origin: City Manager Date Submitted: 4/18/02 For Agenda of: 4/24/02 Exhibits: R-02-17 Expenditure Required: Amount Budgeted: Appropriation Required: .SUMMARY STATEMENT This resolution will formally allow the City Manager to submit a Florida Small Cities Community Development Block Grant Application to the Florida Department of Community Affairs to provide for improvements to the Louisiana Avenue neighborhood. RECOMMENDED ACTION Move to adopt Resolution No. R-02-17. RESOLUTION NO. R-02-17 A RESOLUTION AUTHORIZING THE FILING OF THE CITY OF SEBASTIAN'S FISCAL YEAR 2002 FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD REVITALIZATION APPLICATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the Florida Legislature, during the 1983 Legislative Session, enacted the Florida Small Cities Community Development Block Grant Program Act, Florida Statutes, Chapter 290, to accept and administer the Community Development Act of 1974, as amended, WHEREAS, the purpose of the Florida Statutes, Chapter 290, is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality; WHEREAS, Florida Statutes, Chapter 290 designates the Florida Department of Community Affairs as the administering agency for the Florida Small Cities Community Development Block Grant Program; WHEREAS, it is the intent of the City to apply for Fiscal year 2002 Florida Small Cities Community Development Block Grant funding; and, WHEREAS, the City's Fiscal year 2002 Florida Small Cities Community Development Block Grant application reflects the community development needs of the City. NOW THEREFORE, BE iT RESOLVED THAT THE CITY COUNCIL, SEBASTIAN, FLORIDA authorizes the Mayor to execute and submit to the Florida Department of Community Affairs the City's Neighborhood Revitalization category Fiscal year 2002 Florida Small Cities Community Development Block Grant Application; RESOLVED, FURTHER that the City Manager is authorized to act in connection with the application and to provide such additional information as may be required by the Florida Department of Community Affairs; and, RESOLVED, FURTHER that this resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember motion was seconded by Councilmember . The the vote was as follows: and, upon bein~put into a vote, Mayor Walter Barnes Vice-Mayor Jim Hill -- Councilmember Joe Barczyk -- -- Councilmember Edward Majcher -- Councilmember Ray Coniglio --'-'-'-- The Mayor thereupon declared the Resolution duly passed and adopted this 24th day of April, 2002. ATTEST: CITY OF SEBASTIAN, FLORIDA By:__.____._____ Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form for reliance by the City of Sebastian only: ~Jch Stringer City Attorney .CITY O'F SEBASTIAN SECOND PI.IBL'iC .HEARING NOTICE' The City of Sebastian is applying to the Florida Department of Community Affairs (DCA) for, a grant under the Neighborhood Revitalization category in the amount of $700,000.00 under the Small Cities Community Development.Block Grant (CDBG) program. For each activity that ~s proposed, at least 51% of the funds must benefit low and moderate income persons, The activities, dollar amounts and estimate~ percentage benefit to iow and moderate income persons for which the City of Sebastian is applying are: Activity Activity CDBG Approximate No. Name Funds LMI % 13 Administration $ '56,000.00 001 Acq uisition $ 50,000.00 At least 5'1% 04c Flood & Drainage $594,000.00 At--least 51% Exact budget figures will be available no later than CDBG budget exceed .$700,000.00. April 30, 2002, however, at no time will the The proposed project v~ill undertake drainage improvements in the LoUiSiana Avenue area. The City Of.Sebastian plans 'to minimize displacement of persons as a result of planned CDBG funded activities in the following manner: There is no displacement anticipated. If.any persons are displaced as a result· of these planned activities, the City of Sebastian will assist such persons in the fOllOwing manner: Assistance will be provided in ·accordance with the .City's Anti-Displacement and Relocation policy, A public, hearing to 'provide citizens an opportunity to comment.on the application will be held at the Sebastian City Hall, 1225 Main Street, Sebastian FL 32958 on Wednesday, April .24th, 2002, at 7:00 pm. A draft copy of parts of the application Will be available for review at.that time. A final cOpy of the application will be made available at City Hall on' Monday through Friday between the hours of 9:00 am and 3:00 pm no more than five days after May 1, 2002 .The application will be submitted to DCA 'on or before May 15th 2002. To obtain· additiona information concerning the application·and the public hearing, ·contact Mr. Terrence Moore, City Manager, 1225 Main,Street, Sebastian FL 3295-8, telephone (772) 589-5330. ' . ' The public headng is being conducted 'in a handicapped 'accessibe ocatiom Any handicapped person requiring an interpreter for the 'hearing impaired or the ,visually impaired should contact Terrence Moore at least five calendar days prior to'the meeting and an interpreter·will be provided. Any' non-English speaking person wishing to attend the Public· hearing·should contact Terrence Moore·at least five calendar days prior to the meeting and a language ihterp[eter wil be provided. To access a Telecommunications Device for Deaf.Persons·(TDD) please.call (800) 955-8771. Any handicapped person requiring special .accommodation at this meet ng should contact Terrence Moore's office at least five calendar days to the meeting. · ~ · · · . Pursuant to Sect on ;I 02 of the HUD Reform Act of.1989, the·following disclosures will be submitted Io DCA. with the aPPlication.· The disclosures, will be made available by the City 'of Sebastian and DCA for public inspection upon request. These disclosures will be made available on. and after the ;late of submission of the application, and ·shall continue to be available for a minimum per od of fve /ears. 1~ Oiher government (federal state and ·local) assistance to the Project in the form of a gift, grant, loan; guarantee, insurance payment, rebate, subs dy, credit, tax benefit, or any other form of direct or indirect benefit by source and amount; 2. The identities and pecuniary interests of all developers, contractors, or consultants' involved in the application for assistance or-in theplanning or development of the project or activity; .. · 3. The identities and pecuniary interests of any other persons with a. pecuniary interest in the project that can reasonably be expected to e~(ceed $50,000.00 or 10% of the grant request (Whichever is lower); 4. For those developers, contractors, consultants, property owners, or others listed in two (2) oi' three (3)'above which are corporations, or other entities, the identification and pecuniary interests by corporation or entity of each officer, director, principal stockholder, or other official of the entity; 5. The expected sources of all funds to: be' provided to the project by .each of the providers of. those funds and the amount provided; and 6.The expected uses of all funds by activity and amount. ~¢;~,,~OPPORTU .NITY EMPLOYMENT, FAIR'HOUSING JURISDICTION AND HANDICA, P AccESsIBLE. City of Sebastian Subject: Planning and Zoning Commission Approved for Submittal by: City Manager Exhibits Applications, advertisement, board members Expenditure Required: Amount Budgeted: Agenda No. tDepartment Origin: Date Submitted: For Agenda,of: City Clerk 4/15/2002 4/24/2002 Appropriation Required: SUMMARY STATEMENT The Planning & Zoning Commission has the regular member position of Charles Barrett, Jr. open due to his term expiring. He is eligible for reappointment and has resubmitted his application. Five other applicants have submitted applications for consideration. RECOMMENDED ACTION interview applicants, unless waived, and appoint one to the following position: 1. Regular member position Three year term to expire 5/1/2005 APPLiCATiON TO SgR~ O~ C~TY ~OARD~CO~M~TT~g (All City Board and Committee Members Must be Residents of the City of Sebastian) ~oME PHONe. cd)~-g9~7 7 ~ ,5 HO_.ME ~AX: E-MAIL: BUSINESS: /~-7'-/,~7 BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: ARE YOU A REGISTERED VOTER.'? y7_---5 VOTERREG. NO. ~4g ]~'9.3 HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? /-_~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? /5/0 PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIKST CHOICE BEING # 1: BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMI~EE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: 7~go ~'"~/¥'~--~' LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OKANY STATE? ~) WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED A~OVE? ~'e~-l- ~ ~r 7-/~/5 7'//~. I hereby certify that I am qualified to hold the position for which this application is made· Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or ommission of information requested in this ' application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections ~ through 2-173 (attached). Information relative to a spec ific board ~n~l~~ffq~~ Applicant Signa*t~e'"//~ , ~ "-~' i "'<~"~' me this ~ day o~~f ,~/?? by ·--' .... '"' /~'~'J.c:i;. ~'r~~/ or has produced Subscribed and sworn to before who ~ PUbliC, S'tat~of Florida \wp -formkapp!icat.wpd rev. 9/98. ~,~ OF SEBASTIAN OFFIOE ~-F OITY' ~LEI~K DO YOU'PRES~NTLY SBRVE ON ANY O/-rIER ~ BOARD:OR 'COlvlMIT/5~E? A/O %VFIICFI BOARD$/CO~? ........ ~L.~_AS~ C-mC~ 'r~ ]~omms 'oN ~rmc~ you mu~ ?R.EFBlt~NCE %VITHI~iRST'CHOICE BEING #1: ,~Hq]O ,kilo _-f0 301_:I-10 NVIISVS-q$ 30 ,kilo (]aAI303H wp-fmrmtappli=m-wpd r~. 475199 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (Ail C~ty Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME DRESs: HOME PHONE: ~-~%--~' HOME FAX: E-MAIL: usr ss: e_ T ¥e BUSINESS ADDRESS: BusINESS PHONE: BUSINESS FAX: E-MAIL: HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? DO YOU CURTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~lJ~ PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD · CONSTRUCTION BOARD ~______~HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD. ,' ,~/~.// 'OTI-~R TEMPORARY COMMITTEE , (WRITE IN COM/vIITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITT£E: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY 1N TI-[IS OR ANY STATE? /I/b HAve. YOU EV~ BEEN CO~-VZC~ OF ^~¥ ~SDEm~O~, rsvo~.viNo ~o~ TU-KPI~E IN THIS OR ANY STATE? /~,/d) WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN TlrtE ONE(S) SELECTED / i5 I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City o£ Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative tod spec~.fl: bo,,a..rd or .commi~]e,~g, avail~ i.f,.requested. ~pplicant Signature/ .... Sub~ribed and sworn to before me this z~____day o~,~'~'-~-~' by 0~~~/~~ ~_~/'~ .. ,who is personally kno~wn to._~..me, "~/]~qc~t~ Public, S~t%-of Florid t/~x ~'~''~' '¥ C0blEIS$10N # OD 089[$1 I! -~a~i;~.:~s EXPIRES; ~ar~h ~$, 2006 I! \wp-form\applicat.wpd rev. 3/2002 N APPLICATION TO SERVE ON CITY BOARD/COMMITTEE r,o (All City Board and Committee Members Must be Residents of the City of Sebastiar~ 0 BUSINESS ADDRESS: BUSINESS PHONE: /~/'/x4~:. BUSINESS FAX: /_/",,~ E-M. AIL: ARE YOU A REGISTERED VOTER? ,,/~___sI VOTER REG. NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? / DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTH]ER CITY BOARD OR COMIvlITTEE? WHICH BOARDS/COMMITTEES? /yrc~ PLEASE CI-IECK TIq~ BOARDS ON WHICH YOU ARE INTERESTED rN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCE1VfENT BOARD CONSTRUCTION BOARD ~HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD OTHER TEMPORARY CO/vlMITTEE (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?. HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER,SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made, Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 fl~rough 2-173 (attached). Information relative to a specific board or committee is available if requested. Apl~licant Signature ~ S2scribed and ..,~vorn to before me this ,;/~:/~1 day of ~O~tl~ ,c902a- , by }/_T~q4i(t O ,,.,~,~/.e~ , who is personally known to me, or has produced as identification. ublic, State of Florida L~N.DA. C. GR^NI Nota.r,y Public, State el Florida My comm, exp, k~a{. 10, 2005 Comm. No. \wp.form\applicat.wpd rev. 3/2002 APPLICATION TO SERVE ON CITY BOARD/COMMt s s ~ (Al1 City Board and Committee Members Must be Residents of the City of Sebastian) NAME: Eva Scho£ield HOME ADDRESS: 1106 Breezy Way # 1-C Sebastian, FL 32958-8801 HOIvlEPHONE: 561-589-7440 HOMEFAX: 561~589-7440E-MAIL: NrA BUSIlqESS: retired BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAlL: ARE YOU A REGISTERED VOTER? yes VOTERKEG. NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? 3 3/4 years DO YOU CU1LRENTLY HOLD ANY PUBLIC OFFICE? no DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? n o WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERV/NG IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADViSORY COMMITTEE TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) high school and private medical school for x-ray Experience- 46 years as x-ray technician REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: I would want to check-out areas where businesses want to locate to see if feasible and/or needed. Growth also depends on city services as to how much can be handled. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COlvlMITTEE: Presently Vice President on Board of Sebastian Lakes Condo Assoc. Ass 't Mgr. Volunteers at Sebastian Inlet State Park HAVE YOU EVER BEEN CONVICTED OF ANY FELONY iN THIS OR ANY STATE? n o HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? no WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN TtlB ONE(S) SF_~ECTED ABOVE? ye s I hereby certify that I am qualified to hold the Position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board orr~ommittee is available if requested. Applicant .Sighamre Subscribed and sworn to before me t~, 025D~, by .~ V~/~ ~Ofi'e [.& f~~ly~ ' ~ 'lm~o m~or h~ produced ~ as identification. ~ y Public, State of Florid \wp-form\applicat.wpd rev. 4/5/99 APPLiCATiON T,., o.e,~.~ t4. N C..Tr..Y BOA.RD/COMMITTEF, (Alt City Board and Committee Members Must be Residents of the City of s&bastian) XAm: 8 A,P HOlvZE ADDRESS: mOS : FAX: E-MXrL: BUSINESS: - BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAiL: ARE YOU A REGISTERED VOTER? ~'~ VOTER REG. NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? DO YOU CUP,.R.ENTLY HOLD ANY PUBLIC OFFICE.'? DO YOU PRESEN'ILY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ., ~ ~ PLEASE CHECK TI--II5 BOAR.DS ON WI-HCH YOU ARE INTERESTED IN SERVING iN ORDER OF PREFERENCE WITH FIRST CHOICE BEING ii 1: BOA_RD OF ADJUSTMENT CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BLrDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOAKD CONSTRUCTION BOARD HA.~ICA~PED SELF-EVALUATION COMMITTEE :z: rn PLANNING AND ZONING CO/VlMISSION r-o POLICE RET/R_EMENT BOARD OF TRUSTEES co --n PARKS & RECREATION ADVISORY COMMI~E --~ TREE ADVISORY BOARD 2 --< OTHER TEMPORARY COMMITTEE ~-~ (WRITE IN COMMITTEE NAM2E) r-o APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COIvt3VII~E: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ~;ELONY IN THIS OR ANY STATE? ~vE You EW~ ]~EEN COWWC~D OF A~ msr~EmANOR m-vo~vma uo~ ru-p. Prrum nq r~ns oR ~ STAr~? ~/ D WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). h~formation relative to a specific board or committee is available if requested. Subscribed and sworn to before me this ~day of /'~-~t///tt2v~ , Z~__~.2._, by ~ ........ a lanown ~, or has produced ~ D}r i UgF5 &l Cg '~J~ ~ identification. ~&EW Public, State of Florid kwp.fo~pplicat.~d rev. 4/5/99 PLANNING & ZONING COMMISSION 3 YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND ADDRESS Emil Svatik, Jr. 350 Watercrest Street Sebastian, FL 32958 388-5453 Lisanne Monier 1125 U.S, Highway I Sebastian, FL 32958 581-2626 Charles C. Barrett, Jr. 357 Tunison Lane Sebastian, FL 32958 589-7755 William Mahoney 207 Delaware Avenue Sebastian, FL 32958 589-8524 Richard S. Smith 787 Carnation Drive Sebastian, FL 32958 388-6142 APPOINTMENT HISTORY Appointed to Unexpired Alternate Member Position Vacated by Clarence Barton: 5/23/2001 Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated by Kelly Mather: 10/24/2001 Term to Expire: 11/1/2004 Is in Ist Full Term and 1~t Regular Member year Appointed Unexpired Alternate member Position Vacated by Verge: 8/8/2001: Term to Expire: 1/1/2002 Reappointed Alternate Member: 1/23/2002 Term to Expire: 1/1/2005 Appointed Regular Member Position of Jean Vesia: 3/27/2002 Term to Expire: 4/1/2005 1"t Full Term - 1"t Regular Member Year Appointed Unexpired Regular Member Position Vacated by Fischer: 1/27/99 Term to Expire: 5/1999 Reappointed to Regular Member Position: 4/24/99 Term to Expire: 5/2002 1st Full Term - 3rd Regular Member Year Appointed to Alternate Member Position Vacated by Shirley Kilkelly: 11/18/98 Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated by Pliska: 1/12/2000 Term to Expire: 2/1/2002 Reappointed Regular Member: 2/13/2002 Term to Expire: 2/1/2005 Is in 3,~ Regular Member Year Appointed to Alternate Member Position Vacated By Mahoney: 2/23/2000 Term to Expire: 11/1/2001 Appointed to Regular Member Position Vacated By Gerhold: 7/26/2000 Term to Expire: 6/1/2003 Is in 1st Regular Member Year Jean F. Carbano 433 BeVy Avenue Sebastian, FL 32958 581-1397 H 567-9154W Gene A. Rauth 732 Cleveland St. B-15 Sebastian, FL 32958 388-9403 H Sheri L. Reichert - Alternate 772 Cavern Terrace Sebastian, FL 32958 388-1911 Harold E. Faille 933 Oswego Avenue Sebastian, FL 32958 388-9891 Appointed to Alternate Member Position Vacated by Evely: 2/23/2000 Term to Expire:l/I/2002 Appointed Regular Member Position Vacated by Schulke: 12/21/2000 - Term to Expire:6/2001 Reappointed Regular Member: 6/13/2001 Term to Expire: 6/1/2004 Is in 1st Regular Member Year Appointed to Alternate Member Position Vacated by Carbano: 1/10/2001 Term to Expire: 1/1/2002 Appointed Regular Member Position Vacated by O'Donnelh 5/9/2001 Term to Expire: 11/2002 Is in ./st Regular Member Year Appointed to Alternate Member Position Vacated by Emil Svatik: 10/24/2001 Term to Expire: 11/1/2004 Appointed Unexpired Alternate Member Position Vacated by Lisanne Monier: 3/27/2002 Term to Expire: 11112005 Staff Liaison - Growth Management Director Board Secretary - Dorri Bosworth 90 FIOME OF PELICAN ISLAND MARCH 29, 2002 PRESS RELEASE PLANNING AND ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR MEMBER POSITION ON THE PLANNING AND ZONING COMMISSION WHICH IS OPEN DUE TO A TERM EXPIRATION. QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN THIS BOARD MEETS ON THE FIRST AND THIRD THURSDAY OF EACH MONTH AT 7:00 P.M. IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK' S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH FRIDAY, APRIL 12, 2002. C~O~ HOME. OF PELICAN ISLAHD .... City of Sebastian, Florida Subject: First Reading of Ordinance No. 0- 02-10, revised conceptual development plan for a proposed 80-acre planned unit development situated south of South Moon Under Subdivision and west of Schumann Lake, and known as Laurel Reserve. Agenda No. ~3 ~, ~'' ''~ Department Origin: ..~row~th Management Tracy E. Hass ~ Date Submitted: April 12, 2002 prov~'foy/~~; ... For Agenda of: April 24, 2002 '' k: o '~nce No. 0'-';'~-10, conceP~}l Plan, Location Map.,, 9nd P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Laurel Reserve is situated on approximately 80 acres formerly known as the Davis PUD. The property was recently annexed as a PUD-R, with an underlying zoning designation of RM-8 (multi-family). The area in question is situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis PUD conceptual plan approval outlined a total of 8 blocks containing as many as 434 total units. The Laurel Reserve proposal represents a significant modification to the Davis PUD, with a proposed total of 96 single-family units. Therefore, proposed density will be reduced from 7.32 units/acre to 1.2 units/acre. Additionally, the proposed preliminary develoPment plan incorporates a unique subdivision layout, unlike the more traditional communities in Sebastian. However, the design incorporates maximum preservation of open/common areas, while incorporating the necessary roadway network and drainage system. The stormwater lakes are mainly located along perimeter boundaries, providing for additional buffering for neighboring residents in existing communities. The development will have public water and sanitary sewer as well. Access will be accomplished via an 80-foot wide access easement to Bailey Drive. Additionally, a secondary (emergency) access is proposed for the southwest comer of the property. This location provides for minimum disruption to the neighborhood lying south of the proposed subdivision. The Planning and Zoning Commission reviewed the revised conceptual development at their regular meeting on April 4, 2002. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. RECOMMENDED ACTION Hold a first reading of Ordinance No. O-02-10 and schedule a quasi-judicial public hearing for May 8, 2002. HOME O~ PE, LICAN IISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 · FAX (561) 589-2566 MEMORANDUM DATE: TO: FROM: REFERENCE: April 18, 2002 City Council Dorri Boswort~ Zoning Technl~ian Conceptual Development Plan - Laurel Reserve PUD' The enclosed development plan you are receiving for Laurel Reserve Subdivision (previously known as the Davis 80 acre PUD) is for both conceptual and preliminary plan applications and review. The conceptual plan is located as the last page of the site plan set. First reading of the ordinance is scheduled for April 24th. The public and quasi- judicial hearings for both the conceptual plan and preliminary plan will be advertised for the May 8th City Council meeting. The preliminary plan approval is by resolution. Please use the attached development plans by Carter & Associates Engineering for both meetings. The Growth Management Department has a signed and sealed set as part of their records. Please feel free to call with any questions. Thank you. ORDINANCE NO. 0-02-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE DAVIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO PROVIDE FOR 96 SINGLE-FAMILY DWELLINGS AND RENAMING AS LAUREL RESERVE PUD; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Laurel Homes, Inc. has filed a petition for amendment to the Conceptual Development Plan for the Davis PUD to reduce the maximum density of development to 96 single-family dwellings and change the name of the project to the Laurel Reserve Planned Unit Development; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public heating to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council finds that the proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: The West ½ of the Northeast IA of Section 18, Township 31 South, Range 39 East in Indian River County, Florida. Section 2. AMENDMENT OF CONCEPTUAL DEVELOPMENT PLAN. The Conceptual Development Plan of the PUD~R zoning for the real property described in this Ordinance, originally approved as the Davis PUD by Ordinance No. 0-01-10, as amended by Ordinance No. 0-01-25, is hereby amended to provide for a maximum density of 96 single- family dwellings in accordance with the attached rendering, and the name of said project is hereby changed to the Laurel Reserve Planed Unit Development. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective. The foregoing Ordinance 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 Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ff~:.. ~ SOUTH MOON El:'. S.,,'~ f~ I ~iJ,i ~ UNDER SUB. I ~-~ R ,u ~~:~.~ ~ ~ ~.:~ A-1 C0LLJI~ RS-lO (VACANT) PUD'R PROJECT SITE PUD-R RSIO !'i!i_~---f'l-T'~['7' SEBASTIAN ~ HIGHLANDS PS A-1 PS %, SEBASTIAN i,~ HIGHLANDS SCHUMANN :...~ LAKE PS VICINITY MAP N.T.S. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 4, 2002 B. Public Hearing - Recommendation to City Council - Revised PUD Conceptual Plan - Laurel Reserve Subdivision (formerly known as the Davis 80 acre PUD) Deb Robinson, 315 Greytwig Road, Vero Beach, FL, Vice President of Laurel Homes, was present, and along with Tracy Hass, was sworn in by the Chairman at 7:11 PM. Ms. Robinson gave a presentation with a brief history of her company and the many communities that they have been involved with. She described the design for stormwater management. Tracy Hass gave staff presentation, noting the reduction in density from the originally planned community, the underground utilities, and the lack of any commercial activity. The closed stormwater system as well as the entire community layout were commended by various Commission members. Many issues were discussed including sidewalks, which will be installed as houses are built. The issue of emergency access was also discussed. MOTION by Smith/Monier I make a motion for recommendation to City Council on the revised PUD conceptual plan for Laurel Reserve Subdivision, formerly known as Davis 80 Acre PUD. Roll call: Chmn. Barrett ~ yes Mr. Rauth - yes VC Smith - yes Mr. Mahoney - yes Ms. Carbano -yes Mr. Svatik, Jr. -yes Ms. Monier - yes The vote was 7 - 0. Motion carried. MOTION by Svatik, Jr./Carbano I would like to make a motion for the approval of the preliminary development plan for Laurel Reserve. Roll call: Mr. Mahoney - yes Chmn. Barrett - yes Ms. Carbano - yes VC Smith - yes Ms. Monier - yes Mr. Rauth - yes Mr. Svatik, Jr. - yes The vote was 7 - O. Motion carded. PELICAN ISLAND City of Sebastian, Florida I Subject: Engineering Services for Riverview ~Park Expansion (~/~Appr°ve~labn~ge r Agenda Department Origin: Engineering Dept. Hea ~,"~~ Finance: ~,. Procurement: Date Submitted: 04/18/02 For Agenda of: 04124102 Exhibits: Work Authorization #3 EXPENDITURE REQUIRED: $12,500 BUDGET AVAILABLE: $211,950 APPROPRIATION REQUIRED' SUMMARY Kimley Horn & Associates, Inc., consulting engineering firm for the City of Sebastian was asked to give us a proposal for preliminary construction plans to satisfy St. John's Water Management permitting criteria on the Riverview Park Expansion. This proposal will have a not to exceed amount of $12,500 as provided for in the Master Agreement. Services will commence after approval of Work Authorization #3. RECOMMENDED ACTION Move to approve Work Authorization 3, to Kimley Horn & Associates not to exceed $12,500. CITY OF SEBASTIAN. FLORIDA WORK AUTHORIZATION FORM Work Authorization No: #3 Project Identification: En~ineerin~ Services for Riverview Park Expansion IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated NOVEMBER 30, 2000: Description of Assignment: SEE ATTACHED EXHIBIT 'A' entitled Scope of Services, "B' entitled Fee, and "C" entitled Schedule Basis of Compensation/Period of Services: Basis of compensation will be on an hourly basis with a not to exceed amount of $12,500, as provided for in the Master Agreement. Period of Services, work will commence upon execution of this Work Authorization by the parties, and completion of the work will take place no later than one hundred twenty (120) consecutive calendar days henceforth. AGREED as to scope of services, time schedule, & budget this day of ,2002: CITY OF SEBASTIAN, A Florida municipal corporation KIMLEY HORN AND ASSOCIATES, INC. By: By: Terrence Moore, City Manager JeffB. Mullis, Vice President (Seal) Attest: Sally A. Maio, CMC, City Clerk Approved as to Form and Content for Reliance by th~e/bastian O~nly: ' Rich stringer, City ~.~ey Staff Approvals: City Engineer itt t. I/~,~~ Finance Director ~ as to General Services Administrator i-~,~' ~d~y Mr. David Fisher, April 15, 2002, Pg. 2 EXI-IIBIT "A" SCOPE OF SERVICES Task 1 - Preliminary Engineering and Design Preliminary Construction plans will be prepared to a level sufficient enough to address and satisfy St. Johns River Water Management District (SJRWM~) penTfitting criteria: · Development of a Key sheet delineating the project. · Provide General Notes · Paving, Grading and Drainage Plan depicting the site improvements. ° Plm~s will be produced in English units at a 1"=20' scale on 24" x 36" sheets. ° Plans will be submitted to the City for review prior to submitting to SJRWMD for review and comment. · Upon completion of construction of the project and receipt of the As Built drawings from the contractor, we will make any necessary certifications to the permitting agencies. Task 2 - Drainage Design and Permitting The Consultant will prepare and submit storm water calculations and applications for the SJRWMI) Envirormaental Resource Stormwater Permit 40C-42 F.A.C. The Consultant will meet with SJRMWD representatives for the purpose of determining the extent of stonnwater permitting that will be required for the new facilities. We will also coordinate with the geotechnical engineer to identify the locations for the permeability test and auger bohngs. We will provide the normal coordination and responses to requests for clarification of information required during the review and approval of the permits. Applications will be prepared by Kin~ley-Horn with the City of Sebastian as the applicant, All permit application fees will be the responsibility of the City. Task 3 - Geotechnical Investigation The scope of work for the geoteclmical parameters required for the SJRWMD permit is as follows: I. Field Work A. Mobilization of Drilling Rig and Crew Mr. David Fisher, April 15, 2002, Pg. 3 B. 6 auger borings ~ 6' deep each; C. 2 field permeability tests II. Laboratory Work Soil review/classification by a geotectmical engineer and allowance for index property tests (i.e. percent fines, organic content, moisture content) III. Engineering Evaluation & Letter Report Please note, it is assumed that the field permeability test locations are accessible to our truck-mounted drilling rig without the need for clearing or other assistance that may be required because of poor trafficability. Mi', David Fisher, April 15, 2002, Pg, 4 EXHIBIT "B" Fee KHA will provide the services described in Task 1 through 3 as indicated below, reclusive o£ expenses. The fees will be on an hourly basis with a not to exceed amount as indicated below: Task Labor Budget Task 1 - Preliminary Engh~eering and Design Task 2 - Drainage Design and Permitting Task 3 - Geotechnical Investigation Total Fee $ 5,750 $ 4,500 $ 2,25O $12,500 Mr. David Fisher, April 15, 2002, Pg. 5 SC~D~E The schedule for the work as described in Tasks 1 through 3 will be completed in approximately 120 days. This schedule includes a 7 day review time for the City prior to submitting to SJRWMD. Subject: Authorize Staffto enter into a contract with REG Architects, Inc. for City Iof Sebastian Spatial Analysis & Study. errenc~.' MSore, ~ity Manager HOME OF PfflJCtLN iSLAIqD AGENDA TRANSMITTAL Agenda No. L?~'" ~/?" ~-!' ~,,~ Department Origin: ~~ General sera~ce~ Finance Dept.: ~/~ ~ /~/~t Date Submitted: April 16, 2002 For Ageuda of: April 24,2002 Exh. i. bits: Agreement Document EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $55,000 $72,113 REQUIRED: None SUMMARY On February 27, 2002, City Council moved to approve the selection and making of Architectural firms as presented by the Consultant Selection Committee and authorized staffto start negotiations with the number one ranked firm REG Architects, This process is a requirement of the Consultant Competitive Negotiation Act under Florida Statutes. On April 3, 2002, Terrence Moore, City Manager; Paul Wagner, General Services Administrator; and Rick Gonzales, President of REG Architects, Inc., negotiated a fee for the scope of services under Phase I of Exhibit "A", and additionally contract terms and conditions have been discussed and agreed upon, therefore contract negotiations have been completed by staff. It is therefore, staff's recommendation that the City proceed with Phase l of Exhibit "A", which is simply Pre-design, Planning and Conceptual (Spatial Analysis etc.) only. The findings of this study will be presented to City Council at a later date whereupon staffwill seek further direction at that time. RECOMMENDED ACTION iMove to authorize staffto execute the Professional Services Agreement with REG Architects, Inc., for Phase I of Exhibit "A" (Pre-design, Planning and Conceptual Designs) in the amount of $55,000. ADDENDUM NUMBER ONE TO AGREEMENT BETWEEN OWNER AND ARCHITECT THIS ADDENDUM made concurrent with, for the same consideration as, and in modification of that certain AGREEMENT BETWEEN OWNER AND ARCHITECT made this day by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and REG Architects, Incorporated, ("REG"), provides as follows: 1. Scope of Work. The Agreement shall initially provide for provision of those services set forth as Phase I in the attached Exhibit "A", which generally equate to those described as the Schematic Design Phase in Section 2.2, and some of the elements of Optional Additional Services in Section 3.4. 2. Compensation. Notwithstanding any contrary provision of Articles 10 and 11, as compensation for the provision of services requires for the performance of said Phase I, REG shall be paid the fixed amount of $50,000 for a professional fee, plus up to $5,000 for reimbursable expenses. 3. Good Faith Negotiation. As completion of Phase I is achieved, the parties agree to negotiate in good faith as to the compensation for provision of the services required to perform Phases II and III as set forth in Exhibit "A". The general basis for negotiation shall be the schedule of hourly rates set forth in Exhibit "B" with any reasonable or equitable adjustments thereto, the estimates of the amount of work required to complete the Project, and such adjustments or factors applied as are accepted standard practice in the profession. Upon reaching an agreement for said compensation, an addendum to the contract shall be executed setting forth the agreement to proceed to completion and the basis for compensation therefore. Upon failure of the parties to reach such an agreement, Phase I shall be completed, the reports and materials resulting therefkom shall be given over to CITY for use in completing the Project as it sees fit, and per~brmance under this Agreement shall be deemed complete upon achievement of Phase I objectives. 4. Partnerin~ It is the intent of the parties that the construction contractor shall be brought into the project as it enters Phase II at CITY expense for consultation and partnering in addressing any issues that may affect ultimate construction of the project. 5. The first sentence of Paragraph 2.6.8 is deleted, but it is agreed instead that Architect shall be reasonably informed of all such communications. 6. Paragraph 4.1 shall be superceded by the performance of Phase I 7. The provisions of Paragraph 6.2 shall be limited by application of the Florida Sunshine Law, specifically including the requirement that Owner maintain a record copy. 8. For purposes of Paragraph 6.3, it shall be deemed that written authorization has been hereby given for use of the Instruments of Service for future additions or alterations to this Project. 9. Sections 7.1 and 7.2 are deleted in their entirety. 10. Any additional services beyond the scope of Exhibit "A" must be authorized in writing by CITY prior to incursion of costs. Unless such written authorization otherwise sets a basis for compensation, such services shall be compensated on the basis of the schedule of hourly fee rates contained in Exhibit "B". 11. Construction. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. In any conflict between the terms of an exhibit hereto and the general terms of this Agreement, the terms of the exhibit shall prevail. 12. Waiver of Trial by Jury_. The parties hereto specifically waive the right to trial by jury as to any cause arising fi:om the Agreement and any addendum thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): TFIE CITY OF SEBASTIAN Sally A. Maio, CMC City Clerk By: Terrence R. Moore, City Manager Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 3 TOTRL P.O~ R E G ! ARCHXTECTURE April 12, 2002 A T m PLANNING Paul Wagner General Services Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Sebastian City Hall KEG No. 02-005 Dear Mr. Wagner: In following up on our last conversation, REG Architects proposes a fee of'$50,000, plus $5,000 reimburseable expemes for phaSe I of your proj act, City of Sebastian Spatial Analysis for Municipal Office U~, for the following Scope of Work: ' ~hase I: Pre-design, P!~n_~_and Conc~el~mal Desio~ ' ' 'C. l, icemtc #AAflO02447 Review work done to date and review existing site conditions, buildings, etc. City to provide copies of reports, dates, a~builts, surVeys, testing, ere) prepare a pre-design programming analysis of the City's needs to include interviews wi~ all City Commissioners, Department heac~ and review of existing working conditions through growth.projections for 15, 20 and 25 years. (City build-out estimated 15-20 years': 2020) Prepare spatial analysis drawings and charts, such as bubble diagrams and departments adjacency materials to facilitate the overall sizes and department locations. Prepare site and urban planning concepts to determine best location of proposed new facilities o. nd interface with existing buildings and site facilities that are to remain. Review current parking layouts, possible modifications and potential parking locations and expansions, Prepare analysis of existing landscape engineering issues. Discuss and prepare Opinion of Probable Cost estimates for the project's elements and explore cost options, including life cycle and durability options for the life of the building. Review pre-design and planning phases (Items A~E) options with staffand cermet prior to Preparing conceptual.designs. Prepare a conceptual design package consisting of renderings, ~ite plan, floor "space" plan for review with staff and complete community consensus building "buy-in" of the project. Prepare a conceptual Opinion. of Probable Cost to review with concepts ~-~-~2 %5:14 REG ARCHITECTS 5~1 659 City of Sebastian REG No. 02-005 March tS, 2002/Rev MarCh 25, 2002/2~a Rev Ap~I 12, 2002 Page 2 of 3 Ehasc II: Final D~si_en (Fees/Scope to be detennine~Rer Phase I Aooroval/Com~letion) A. With the approval of phase I by ~c City, proceed with preparing Preliminary Design of the project to include site plan, floor plans and elevations concurrent with a preliminary Opinion of Probable Cost for review with staffand council. B. With approval of Preliminary Design Phase IIA, proceed with the developmc'nt of the design to include site p. lan, floor plans, elevations, sections, outlir~ specifications and a development Opinion of Probable Cost for review with staff and council. With ~e approval ofth¢ Design Development Phase liB, proceed with the final preparation of Construction Documents and specifications for all on site requirements of the project as they relate to civil engineering, landscaping,, hardscape, irrigation, architecture, structure, mechanical, electrical, plumbing engineering components of all.built/renovated components. Prepare fmaJ Opinion of.Probable Cost for review with staff, Rcvi~v final Phase IIC up to three times: 25%, 75%'& 95% completion phases. Phase II!:. P~rmittinlz; Bi~..n._g, and Com..mmtion Aiiministration (Fees/Scone to be determined afmr~hase II Approval/Completion) A. With the approved 95% completed Comtruction Document package, submit to City for final departments review and building depa_m~ent "pre-permit" comments. Incorporate comments into'final 100% complete package and assist City in preparation ofbi. d package. B. Assist the City with bidding of the ~oroject, including attending pre-bid conference and bid opening conference, answer bidding R.F.I' s (P, equcsrz for Information) and assist the City with review of the final bids and preparation of an award recommendation. C. Assist the City with review of the construction contract prior to award, D, Assist the City with the adrninisw~on of constructiou to include bi-monthly on- site job meetings to monitor quality of work ~d review pay applications. Prepare meeting minutes and prepare field reports, as required, 'Review requests for Change Orders and provide direction for the City's use. Prepare final punch lists at 30 days prior to completion and at final completion. Monitor the construction schedule and provide input as required. Ii. Prepare final close-out of.the project to include final review of contractor's builts, warranties and manuals. F. If City decides to hire Architect for Interior Design contract as an optional service,, then the Axchitect will assist with installation of all interior finishes, furnishings and accessories. G. Return after move-in and acceptance of the project through General Contractor to p~:rform a walk-~hrough prior to the one (1) year warranty expiration .~o assist the City, if necessary, with.preparation of pre-warranty expiration repair/punch list. ~.0~×05 City of Scba.stian REG No. 02-005 , M~ch 12, 2002~e.v Ma~h 25, 2002~~ R~ April 12, 2002 Page 3 of 3 Paul, if the abov~ Scope of Work ~d fees for Phase I ~e acc~mble to ~e City, pr~e ~ ~ con~t' for execution i~ediately, Ph~e II,~d Ph~~ iii will be pr~ed upon completion.of Ph~e I. Plebe Provide us ~th yo~ input so ~at toge~ wi~ our cons~tan~, we e~ proce~ with ~i~ ~poH~t co~~ project, ~ you once again for Ibc o~o~ty se~e the City of Seb~. Sine.ely, · REG' ~CH~ECTS, ~C, ~O/~d~ P. 04/05 ~PR-12-2002 1~: 15 REG RRCHITECTS 561 659 5546 R E G A R C I-I I T E C I N C O ~t F 0 R A T E D ARCHITECTURE * INTKRIOR DESIGN * P.05/05 PLANNING EXItiBIT "W' SUBJECT: HoUR-Ly KATE8 FOR PROFESSIONAL SERVICES AS MAY gl/ KaQUma . TO: Paul Wagner City of Sebastian FROM: ~"~/'~/RICK GONZALEZ, AiA, PRESIDENT, RE(; ARCHITECTS, INC. A. HOURLY RATES: Hourly rates to the City of Sebastian for professional Service~, which are identical to other gov~nmerlt agencies, such as'Palm Beach and SL Lucie CoUnties, shall be as follows: Principal Architects Sen/or Arckitccts Stuff Architects Interior Designe~ CADD Drafters Support Staff B. ~.~XED FEE RATE//: Standard Reduced (Private) (Gov't) $145,o0 $120.00 $125.00 $100,00 $10~.00 $ 85,00 $ 85.00 $ 70.00 $ 65.00 $ 50.00 $ 45.00 $ 35.00 Can be quoted when pr. ojects scope and budget ~e clearly defined and finalized, r, teense #A~0002447 mail~raatar6h. ~om TE)T~L P. 05 1997 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT m~e as of the 19th day of Aprit in ~h¢ year 2002 BETWEEN the Architect's client identified as the Owner; (NCtt~, adders ami Gel;er infer-renEGe) C~v of,.qm,:~s.ti~n, 1225Main Street. Sebastian. i=L 32958 a~ the ,Architect: (~ame, add~ ~md ot he~ REG Arehitea~lnc,. ~$~OJXie H~_ S~te 201. West Pelto ~ch, EL 3~01 ~or tee following Project: Cl~of Se~sflan Soots ~elv~e for MunI~D~I O ~ Use, e~ete~led ~n Exhibit ~ The O~er ~d ~[t~t agree ~ fo~. ARTICLE I ARCHITE~'$ RESPONSIBILITIES , , 1.1 T~e se~es Defform~ ~ ~ ~h~, A~ite~s employees and Architects -- 1.2 The Archit~ · $e~ice~ $h~l ~ ~rf~ed ~ expeSitieualy ~ i~ con,Bent professional s~il and care and ~e a~er[y profess of the Pro{~, The ~i~ct shall $ubmit for the O~er's approval a gh~dule for ~e p.f0~an~ of th¢ ~tgl'a s~s ~hich may adj~t~ ~ ~e Proj<t p~eed$. T~i <nodule iMI ingl~e ~ancus for periods of mquked for ~e Owner's r~w and for app~ova{ of subm~iona ~ au~ofities having ]ufi~iction ov~ the Project. T~e ~i~ estab~ by ~g {cheduk approv~ ~ the sh~t not, ~cept for ~a~nable ~uge, ~ e~e~ by ~e ~Mte~ or 1.3 The ~it~ ~1 ~sig~ a rep~ntatlve au~o~ ~ act on ~h~f of the Arcfiitect ~lh r~ tO ~e ~oj~ 1.4 The ~ces covered ~ ~s Agreemem a~ subj<t to the time ~itations contamed in $ubpara~aph n,$L ARTICLE 2 5COPE OF ARCHITE~'S BASIC SERVICES 2.1 DEFINITION The McMtect's B~ic Se~ices consist of tho~ dgscfi~d M Paag~ph$ a,g throu~ z.6 and o~er se~ice~ iden~fied in ~icle m ~ p~ of B~k Se~ces, andMglude norm~ seuctural, mech~icM and e{~fica[ engMeer~g s¢~kes. 2.2 SCHEMATIC DESIGN PHASE requirements of the ~jea ~d ~1 a~ve at a tllutu~ understanding of su~ requ~ements ~th ~he O~er. THIS DOCUMENT HAS tMRORTANT CONS£OU£NCES. COI~ULTA TiON W~TH AN ATTO~EY ~ ENCOU~ED WITH R~CT ~ irs COMP~TiON OR ~FICADON, A~HE~I~TION OF T~S D~FTED ~A D~U~NT ~Y BY ~ ~a ~CU~NT AiA DOCUMENT BlSl-lg97 ABBREVIATED OWNER-ARCHITECT AGREEMENT The Amerlcae Institute af Architects 17~'$ iVew York Aveflue, N.W. washington, D.C. 20006-5252 ~19TM, i9~, i~I'Y; igl~l, ~ 199z by Yh~ American 'lnmtitute of Ar~fi}tbctSL ~Proauctlon ot me matefiai herein or sub~antin~ quotation of its provisions without written permission of the AIA vio{ates the copyright laws of the United States and will sub~ct the vlola~r to legal prosecution, WARNING: Unlicensed phat~opying violates U,S, ~pyright law~ and will subje~ the violator to legal prosecution. This document electronicai{y produced with permission o~ the AIA a~d Can be reproduced in accordance with your license without violation until the date of e~iration as noted below, User Document: o2~s sebastian.cia ~19~2. AIA gicen~ Numar ~011os2, which expires on ~PR-i2-2002 1~:25 REG ~RCHITECTS 5~i 659 5546 P.0~/21 22,2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule mid construction budget ~luirements, each h~ terms of the other, sublet to the [~rr~tatlons set forth ia Subparagraph 2.2.] The Architect shaR review with the Owner alternative approaches to design and construction of the Proiect. 2.2.4 Based on the mutually agreed-upon program, schedule and construcdor: budget requirements, the Architc-ct shall prepare, for app~roval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the sc~e ~,{ relationship of Project components. 2,2.5 The Architect ~hall submit to Lite Owner a preEminarg estimgte of ConsLmction Cost ?H~$ OOCO~NrH~S ~r~?At~r C'OI9$~OU£NCE$. C~ULTA~ON WITH ~d on cu~ent area, volume or ~imilar conce~ual e~ima~ing ~ech~ues. ATTORNEY l~ ENCOU~GEO WiTH R~PECT 2,3 DESIGN DEVELOPMENT PHASE ~ur~an~n~ T~ 2 J. 1 ]a~d on the ~pptove~ S~e~tic Design Docume~ a~d ~y a~ju~mems autho~e~ DRAFTED ~A DOCUMENT ~Y by ~e O~e[ m the pt~, sch~uie er con~o~ ~dget, the ~bLtect ~ prepare, ~ot ~Y ~tN~ ~A ~CU~g~r ~. a~pto~[ ~ ~e Owner, Desi~ Development D~umen~ condatJ~ DE dm~gs a~ other d~umen~ to ~ ~nd de~lbe the s~e an~ ~ractet o~ the ~mject as to A~u~, mechamca[ and e~c~ sg~ms, mateti~ ~ ~ucb o~ e]eme~ ~ ~ ~ 2,3.2 The ~cbR~t shall advise the O~er o~ ~g aAjus~ente to the pm~aff estimAm of Const~ton Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2,4.1 Basect on the approved Design Development Documents and any further ~justments in the SCOl>e or quaUty o£the Project oz Lu the coustructiol~ budget authorized by the Owner, the Architect ~hal[ prepare, for approval by the Owner, Construction Documet~ts consisting o~ Drawings and Specifio~tions setting forth in detail the tequitemeat~ ~or the consLmction of the l>:oject, 2.4.2 The A~chitect shall assist the Owner in the pzepmmtioa of the necessary' bidding hlformation, bidding foml$, the Conditions of the Contract, and the .form of Agreement between the Owner and ConLtactor. 2.4.3 The Architect s~aU advise the Owner o[~ arty adjustment~ to previous pr¢liminar~ estimates o1' Constructior~ ~t indk~t~d by ch~ges ~ r~ments or ~n~ market condiUon~ 2,4.4 The Architect shall assist the Owner in connection with ~¢ Owner's responsibility for filing documcm~ required for the approval o£ governmental authorities having iurisdic~ion over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's app~roval of the Constructio~t Documents and of the latest prellmlna~ estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assLst in awarding and preparing contragts for cnnstmction. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6, ! Thc Architect's responslbiflty to provide B.sic Services ~or the Cons~u~ion Phase under this Agreement commenc~ wi~ ~e aw~ of ~ ~h~ Contm~ for Co~mction and tem~ates a ~e ear~er o~ ~e i~uan~ to the O~er of ~e fin~ Ce~tficate ~or P~ent or ~ days after the dine of Substantial Completion of the W~k, OlEg? AiA~ AiA DOCUMENT B~51-~gS7 ABBR~VIAT~-D OWNER-ARCI-BT~CT AGREEMENT The Amarican Institute of Architects 1735 New York Avenue, N,W. washln~ron, D,C. 20(30&-$292 copyri:~)lt }97"4, ~97S, 1~2': I~8;';' ~ m97 ~y r~' Kmencan institute ~t Arcff;t~rs. sep~ogOdt~on ot me materia~ he.in or substantial quotation ~F its provisions without wri~en permission of the AIA violates the copyright law* of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopymR viola~s U.S. copyright laws and will sublet the violator to leal pros~ution. This document was eI~tronteally produced wl~h ~rmis~ion of the AIA a~d ca~ be reproduced in accordance with your licanse without violation until the date of expiration es noted below_ 2.6,2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of PlA Document Aam, Genera! Conditions of the Contract for Cionstructi. on.,.¢u,.n~e, nt..as of the date.of this Agreement, unless otherwise prov/ded in this greemem. ~aoaincauons mane to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consi~ent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities axld [imitations of authority of the Architect under this Paragraph z~ shall not be tethered, modified or extended wn'thout whtten agreement of the Owner and Architect with consent of the Comractor, which con~ent will not ~e unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the adminlstmtion of the Contract for Constru~ion. The Architect shall have authority to a~,.t~an, ,behalf of the Ova?er only to the extent provided in th/s Agreement unless otherwise mOC~lH~l Dy wrlttsR amenctment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals propriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner the Architect in Article ~2, O} to become genera//y Farrt~'ar with and to keep the Owner informed about the prol~ress and quality of the portion o~the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in g~nera[ if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance ,.~th the Contract Documents. However, the hxchitect not be required to make exhaustive or continuous on-site insI:~-'fions to check the qualiW or quantity of the Work. The Architect shall neither have contmt over or charge of, nor be responsible for, the construction means, method~, techniques, sequen~e.q or procedures, or for salty precautions and programs m connection with the Work, ~ince these are sole~ the Contractor'~ rights and responsibilities under the Contract Documents. ¥ 2.6.6 The Architect shall report to the Owner knovm deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be respons/ble for the Contractor's failure to perform the Work in.., ,acc,atria?ce wi.th th.e, req~rements of the Contract Docmnents. The Architect shall be responsm~e mr the Arcnitea s negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or o~ any other persons or ent/t/es performing portions of ~he Work, ' THIS DOCUM£NT HAS IMPORTAN? IZGAL C ONS~OU£NC~, COI~UL TA TION W]TH AN ATT~EY 15 ENC~RA~O WITH RESP~CT TO ITS COM~TION ~ M~IFICATtON. AUTHEN~ Tt~ OF ~ [LECTR~CA~ Y ~?TED ~ ~U~N7 ~Y BE BY U~tN~ ~A D~UM~NT 2.6.7 The Architect shah at aU times have access to the Work wherever it is .in preparation or progress. 2,6.8 Except as otherwise provided in [his Agreement or when dJzect ¢ommtmicat~ons have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Cormnunicat/ons by and w/th the Architect's consultants shall be through the Axchltect. 2.6.9 CERTIFICATES FOR PAYMENT / · 1997 AIAffi ArA DOCUMENT B/SI- rgg7 2,6,9,1 The Architect shall review and certify the amounts due the Contractor and shall issue ABBREVIAT£B OWNER-ARCHITE~T ce~cates ~ such amounts. A~REEMEN~ 2,6.9,2 The ~chlte~'s ceaiflcation for payment shall cons~tute a rep~senlation to ~e The American Institute of Architects ~er, b~d on the ~hi~m's e~luation of ~e Work ~ pr~ ~ Subparagraph 2. fi$ aI~d 17~5 New York A,~nue, N.W. ~ fie d?~ c?nprisin~ t~ Co~tmctor,! Application for Pa~ent, ~at the Wo;~ h~ W~sh)ng~on, o.c. ~2~2 pm~essea ~o tile point inaicated and tha~ to the ~a of ~e ~chi~ct's ~owledge, h~fo~ation and be~ef, the quahty of ~e Work is ~ acco~ce with th~ Contra~ Dmuments. The forgoing mpre~ntations am subject (t) to ~ evaluation of the Wo~ for co~ormance wi~ the Contr~t Documents upon $u~tantial Comp~'~on, (~) ~ result, of sunburnt tests CopYright' ~74. lb1&, ~77.'" lSu/, ~ lgg7 by Tfi~' American InstitOr~l ~nit~rs. Reproffifi~tta~ ~ the material herein or substantial quotation of i~, provision~ without written pe~ission of the AiA violets the copyright laws of the United States ~d wiJJ s~}~ the v~o)afor ro ~l p~secution, WARNING: Unlicensed phetocopying vJojates U,$, copyrigh~ Jaws an~ wt subject the violator to label prosecution, This document was el~r~lcally produced with permission of ?he AIA and can be reprodu~d Jn accordance with your llcense Without violation ~ri) r~ ~fc af expirario~ a~ norad ~low. Ae~-i2-2002 i~:27 REG ARCHITECTS aud inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to speciitc qua[[ficatlons expressed by the Architect. 2.6.9.3 The issuance of a C~cate for Payment shall nol be a r~presentation Lhat the Architect has (0 made exhaustive or continuers on-site inspections to check the quality or quantity og the Work, (2) revlew~'d construction means, met. beds. tech~ques, sequences or procedures, (3) reviewed copies of requisitions r~:eived from Subcontractors and material suppliers ~nd other data requested by the Owner to substanliate the Contractor's risht to payment, or (4) ascertained how or ~or what purpc~e the Contractor has used money previously paid on account of the Contract 5urn. 2,6.10 The Architect ~all have authority to reject Work that does not conform to' the Contract D~ument~. Whenever the Architect considers it necessary or advisable, the Architect shall h~,ve auihority to require inspection or tes~tg of the Work in accordance with thc provisions o~ the Contract Documents, whether or ~ot tach Work is fabricated, installed or completed. However, neither this ~uthority of the Architect nor a decision made in good £aith either to exercise or not to exerci~ such authority shall give rise to a duty or responsibiht? of thc Architect to the Contractor, Sulx:ontr~ctors, material and equipment suppliers, their or employees or other persons or entities performing potions oithe Work, 2.6.11 The Architect shall review and approve or take oth~r appropriate action upon the Contractor's subm/ttals such a~ Shop Draw/ngs, Product Data and Samples, but only tbr the limited purpose of checkin~ for conformance with information given and the design concept expressed in the Contract Documents. The A.tckitect's action ,hall be wdten with such reasonable promptnes~ as to cause no delay in the Work or in the activiti¢.~ of the Owner, Contractor or separate contraetor~, whiIe allowing sufficient time in the Architect's pro~es~ionat judgment to permit adequate review. Revi~ of such submittals is not conducted for the purpose o£ determining the accuracy and coml01~tene~s of other details such as dimensions and quantities, or for sutntantiating iustructiom for installation or performance of equipment or systems, all of which remain 'the mspomibility of the Contractor as requLmd b~ the Contract .Documents, The Architect's review shall not constitute approval of~a&t¥ precautions or, unless otherwise specifically stated by the Architect, of any comtruction m~ans, methods, techniques, ~equences or prcx:eclures. The Architect's approval of a ~ecffic item shall not indicate approval of an assembly 0f which the item is a component. 2.6.12 It prot'essional design ~rvices or certifications by a design professional related to gtems,mate. rials o.r equipment am specifically required of the Contractor by the Contract ocuments, ~e ~hitect shall speci~ appropriate perforraance and design criteria that such sen'kes must satis/~, Shop Drawings and ot~er submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shldl be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professional 2,6,13 The Ardaitect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if d.ee, med necessary by the Architect as provided in Su0paragraphs .~a.~ and ~.3.3, for the Owners approval and execution in aceordan¢~ with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extemion of the Contra~t Trane which are consiaent with the iment of the Contract Documents. ~.6. t4 The .4a'cltitect shal/conduct inspections to determine the dat~ or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Go.ideate for .Payment bassi upon a final inspection indicating the Work complies wi~ the requi~ments otthe Contract Documents. ~Pyr[~-ht 1~74, ~978,' IST/, 19B7, o 1~e'7 l~y ln~ ~rican IhitffUm or 6rChit~s_ 8iprodo~tion of the material herein or substanffa[ quotation of its provi~ions without written p~ission of tho AlA violates the ¢opyri~t laws of the united Stares and will subject the violator ~o e~ prosecut on, WARNING; Un coned phot~opyln8 violates u,$, copyri~t laws and will subject the violator to I~al prosecution, This ~cument was electronically produced with permission of the AIA and c~n be reproduced ~n eccorda~ce with your license without violation until the d~te o~ expiration 8s noted below. 5al 659 5546 P.05/21 C~DUEN~ CO~UITATIO~ ATT~NEY ~ E~OUBAGED WiTH RESPECT ~0 IT5 COM~ETION ~ ~AgTED AIA DOCUMENT MAY ~E ~DE BY USfNG ~A ~CUMENT AIA DOCUMrJNT B151-1997 At~BREVIATED OWNER-ARCHII'ECT AGREEMENT The American institute of Architects 1735 New York Avenue. N.W. Washington. O.C. 200~t;-g~92 2.6.15 The Architect shall interpret and decide matter~ concerning performance of the Owner md ConVeYor under, and requirements of, the Cont~t Do.meats on ~itten de in ~ttmg w~thtn any ttme hm~ts ~gre~ upon or othe~e w~ ~e~onable promptness, 2.6.]6 h~te~r~on~ and d~isions ~d reasonably in&table from ~e Contr~t Documents ~d ~ail ~ in ~ting or ~ the fo~ of tO ~CU~ f~thf~ perfomla.ce by ~1 ~ner ~d Contraaor, shall not show pa~ia~ty to eider, and sh~l not be liable for msul~ 2,6.17 The Architect shall render initial decision,, on claims, dL~pute~ or other matte~ in THISD~CUMENTHAfftMPOI~T.a~iTII~GAL question between the ~ner and Contraaor as provid~ in the Contz~t D~umcnts. cd~fou~s, co~gtr~rto~m~ However, ~e ~it~t's decision~ on matte~ relating to ~etic effect ~afl ~ [m~ if A~ORNfYISE~OU~D~THRE~CT cons~tent ~ the intent ~s~d in the C~t~cI b~umen~. TO iT~ ~MP~ON OR ~FICATION, AUTHENTICATION 05 t ~ ~ C TR~NtC~ Y ~T~D AIA DOCU~NT MAY ~E M~ 2,6.~8 The ~hitect's decj=ions on cla~ d~put=s er o~er mat~= in question b~=n the sv USI~AIA ~CUMENT ~L O~r a~ Contractor, ~pt ~o~ thee rehtin~ to aes~i~ =fleet ~ prodded ~ Subp~8~ph z-~.~7~ sh=~ ~ subject to m~i~fion ~d =bitr=t~on as pro.Bed m ~s AS~em~t ~nd m ~e Contact D~umen~. ARTICLE 3 ADDITIONAL SERVICES 3,1 GENERAL 3,1,1 The ~rvices described in this A~cle ~ are not included in Bessie Se~ices un~ ide~fi~ in ~tde z~, and they sh~l ~ p~d for by ~e Owner ~ provided in t~ Agreement, in addition to the compen~tion for B~ic Se~ices. The se~s ~d under ?amgmphs and ~-4 ~all o~y ~ pro~ded ff autho~ or con~me~ ~ ~t~ ~ the O~er. I~ descried under Contlng~nt Addi~onai So,ices in ~amgmph ~.3 are required duc to c~cumstance~ ~yond the ~hit~t ~ consol, the ~hi~ct s~ll noti~ ~ ~er pfor to c~en~g su~ ~ices. If ~e ~ d~s that ~ ~s de~h~d under P~agraph 5.3 are not tequi~, ~e ~ner shall ~ve prompt written noti~ to the ArchitecL If the ~ner indicate, in ~ting ~at ~ or pan of such Cont~g~nt Additional Se~ am not mqu~, the Am~tect shall have no obligation to provide ~o~ ~.2 PROJECT REPRESENTATION BEYOND BASIC ~ERVICES 3.2.1 If mom exten~ve representation at the ~te t~ ~ descried in Subparagraph ~.6.5 mq~d, ~e Arch~ shat/provue ~ or more Pro,ecl Reprem~atives to assi~ m c~ng om such ~tton~ on-~te 5.2.2 Project Repmsentatlves shall ~ ~1~, employed ~d ~ctefl by the ~i~ct, ~e Amhi~ct shall ~ compenm~ therefor ~ agre~ by ~e O~er ~d ~it~t. ~e duties, r~ponsibi~iffes aad gregorians of authoflty of Pm~ect Representatives shall ~ as d~i~ the ~ition of ~ D~ument B35~ cutest as of the date at this Agreement. un~ othe~ Work, b~t ~a ~mi~hmg o~ su~ pro~t rep~n~on sh~ ~ m~i~ l~e res~mib~ties or obligation~ of the Archite~ as descried elsewhere ~ this Agreement, 3,3 CONTINGENT ADDITIONAL SERVICES 3.3.1 M~n~ Tensions in drawees, s~iflcations o? o~¢r docu~ent~ when such AIA DOCUMENT 815t-lgg7 ABBR~.V~ATED OWNER-ARCHJTECT AGREEMENT The American Institute of Architects ~7~5 New York Avenue. N.W'_ Washington, D,C, 20006-5292 .1 incond~tent ~ith approvals or flmructions previously given by the Owne~, including revisions made necessary by adjustments in the Owner's program or Project budgel; COpY"ri~hf3~la~, 1978, 19~Y', I~B ,7,7,7,7,7,7,7,7,7~, ~ 1997 I~y'¥1~ AmerJ'cen ~ns~itute or 'ArCn/~rs. ~e roaucton or material bere~n or substantial uotat~on of ~ts roy P q ' ' p tsions without written permission of the AIA violates copyright laws of the United it~te~ ~n~ wi[I sublet ~h~ violator to lesal prosecuflo~. WA~N~NG: phatOCopyin~ violates 0.5. Copyri~t Jaw5 and will sublet the violator to le~l prosecution. This ~a~ e/~nically ?~duced with permission of the AIA and can be reproduced in ~cordance with your APR-12-2002 15:28 REG ARCHITECTS 562 659 5546 P.07/2~ required by the enactment or revidon of codes, laws or reguiatiom ~ubs~quent to the preparation of such documents; or due to changes required as a result of the Owner's failure to :ender decisions in a timely manner. 3.3,2 Providing servi~s r~quired because of significant changes in the Proj~:t including, but not limited to, size, quality, comple~dty, the Ownerrs ~chedule, or the method of bidding or negotiating and contracting for construction, except for ~ervices required under Subparagraph ~,2,~, 3.3.3 Preparing Drawings, Speciticatlons a~d other documentation and supporting data, , COIV$£OU£NC~$, CONSUL ~A NON wtrH AN evaluating ContractoF~ proposa/s~ and providing other services in ¢onnectlon with Change ATTORNEY IS ENCOURAGED WffHRF_gPECT O~ers ar~ Constr~ctlon Change Directives, TO ITS COlWPlSTION OR MODIFICATION. AOt~N?lC6 LION Of THiS iL~CTRONICAIJ. Y 3.~,4 Providin§ ~ervices in connection with evaluating substitutions proposed by the Gontractor and making subsequent revisions ~o Drawings, Specifications and other documentation resulting therefrom. 33.5 Providing consultation concerning replacement of Work damaged by, fire or other cause during construction, and fhrnishing services required in ~onnection with tl~ replacement o~such Work 3.3.6 Providing ~ervice~ made necessary by the d~ult of the Contractor, by major defects or deflciende~ in the Work of the Contractor, or by Cailur¢ of performance of either the Owner or Contractor under the Contra~t for Construction. 3.3,7 Providing services in ~valuating an extensive number of claitm mbmitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public heating, a dispute resolution pro<ceding or a legal proceeding except where the Architect is party thereto. 4,3,9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the comp{etlon of the Construction Documents Phase. 3.4 3.4,2 3.4.3 OPTIONAL ADDITIONAL SERVICES Providing analyses of the Owner's needs and programming the requirament~ of the Providing financial feasibility or other spatial studies. lhtoviding planning survep~ site evaluations or comparative studies of prospectiw ~ 3.4.4 Providing special surveys, environmental studies and submissions requited for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to ~uture facilities, systems and equipmenL ].4.6 Providing services to investigate existing conditions or facilities or to make measured dra~ings daereof. AiA DOCUMENT Bl$1-1gcJ7 ASSREViATED OWNER-ARCHIT£C? AGREEMENT The American Inafltute of ArchitecTs 1735 New York Avenue, N,W, Washinstan, D.C. 20CX)~5292 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner, copynsnt 1~14, 1978, 19~7, 15187, ~3 !'g;7 'Dy The Ameriean"ihafitvt~ or Archjt~s_ a~W~duction ot me'" material here~n or substantial quotation of its provisions without wri~en permission of copyriBht laws of the Untrod stafe~ and will subject ~he violator to JESSI pros~ufton, WARNING: Unlicensed phot~opyln& violates u.5. copyrisht laws and will sublet the viola~r ~o legal pros~ution. Thb ~ument w~ elec~ronical~ produced with permission of *he AIA and can be reproduced in accordance with your license wilhout violation until the date of expltaHon a~ noted below, ~,4.8 , ?mvidLug coordination of con~mcti~n performed ~ ~p~e com~clo~s ~ b~ ~e ~ner s own ~orc~ ~d c~a~on o~ se~ic~ ~q~i~ ~ ~nnec~on ~ constm~ion ~rform~ ~d equipm~ ~upp~ ~ ~ O~er. ~,4.9 Pmvid~g se~s hx connection with the work of a constmcaon m~ager ar ~p~a~ consuilants ~tain~g ~ ~e O~er. ~.4.10 Providing d~ail~ est~ales ot Con-ruction Cost, t,4. l ~ Providing detailed quantity su~eys or ~ventodes o~mate~al, eqoipmenl and lair. 3.4.12 Pro~ng ~alyses of o~ ~d operating c~t~ r~s ~cu~r 3,4.13 Providing inte~or ~i~ and o~ s~ilar se~ces ~uir~ for ~ ~ connection ~ rD fig co--noN OR ~DIFt~rlON. the ~I~tion, pr~urement or ~stathtion of fur~ture, ~mi~hings and ~ted equipment. AUT~CAnO~ OF THIS ~LEC~ON/CA~Y 3.4,14 ~v~g ~ices f~ pl~ ~e~t or renl~ ~p~c~. ~Y u$1~ ArA DOCU~ ~1. 3.4.15 M~ng' mveai~on~ inv~tories of materials or equipment, or valuations and detail~ appraJ~ls of e~st~g fa~i~s. 3.4.16 P~g a ~t of tep~u~e reco~ d~ngs ~h~ng fignific~t ch~ges ~ ~e Work made dur~g consttu~ion ~d on mark~-up prints, d~gs ~d o~et data by ~e Contractor to the ~chit~t, 3.4.17 Pro, ding ~i~t~nce ~ Qe u~6on of equipment or ~tem~ such ~ adju~ng and ba[~cing, pmpa~on o~ o~ratlon and .ma~tenance manuals, pe~onne[ tot ope~tion ~d mainten~c~, ~d comuitation du~ op~tton. ~.4,18 Priding ~ices a~¢r i~uance to ~e ~er or,he ~al Gertificae for Payment, or ~ ~e ~ence~ a ~.Ce~mcate for Pa~em, more &an 6o day~ a~ the ~te of Su~ti~ ~omp~o~ or me w 3.~.i~ Pro, ding ~ces of consul~ts far other ~an ar~itectu~L stmctm~, ~hanicai ~a emct~ca~ engmee~ng poUnDs o~e Pm~ect pro~ded as a pa:t o~Basi~ 3.4.20 l~o~ing ~y other se~ices not o~e~m i~ud~ ~ th~ A~ment not o~ ~om~i~ &mish~ in acco~ce wi~ g~er~[y accept~ ~chitectur~ prac~ce. ARTICLE 4 OWNER'S RES~NSIBiLiTiES q,1 ~h~ Owner ~al~ pro~dc ~ ~fo~ation in a timely maker zegmding requirements ~ers oole=l~s, ~neauie, constants ann criteri~ ~cluffing space requi~ments and re~tionships, fl~b~ty, ~p~dabiiity, s~i~ equipment, sys~ms ~d si~ ~qu~men~. The 0~ s~aO ~r~h Lo ~, ~hi~ect,. ~in ~5 da~ a~ ~ipt of a ~ten r~hts. ABBREVIATED OWNER-ARCHITECT 4.2 ~e O~tet ~all ~tabl~h ~d p~t~lc~y u~da~ ~ ~e~]l b~get for the ~roje~ AGREEMEnt including the Construction Co~ the O~et~s o~er Co~s and re~onable con.gentles rela~ The American Institute to all otth~ costs. 1735 N~ Yor~ Avenue. N,W, Washf~Ston. D.C. 2~-5292 4.3 The O~er shaU desi8~a~ a rep~sentafive a~orbed to ~t on ~e O~ez's ~h~f ~th respect to t~ Project. The O~er or ~ d~Jgnat~ teptesen~a~i~ s~m~ render d~JsJon~ ~ a t~Iy mann~ perta~ng to documen~ submitted by ~e ~c~tect in o~eT to unreasonable ~lay ~l the or. fly and mq~entLal p~r~ss og~e ~c~te~'s ~ces. ~yrig~t lU~:' '~u~8, 39~." ~7, ~ lggJ"~y Th~ AmeriCan tn~'~'tui& 'or Rrcn~'tects, Re~roa~tl~ material herein or substantial quotation of its provisions without written permission of the AIA vl~ates the copyright laws of t~ Un,ted States and wiU ~ubject the vio}ator r~ l~al ~ecution, WARN~; unl&~sed photocopyin8 violatea U,S. copyright' [aw~ and will subject the violator to i~al prosecution, Th~s document was eJeet~enlcally produced with perm ss on af the AIA and c~n ~ reproduced in accordance with your license w~tho~ v~alerion until the date of e~pirar/o~ a~ noted 7 4,4 The Owner shall furnish ~urveys to describe physical characteristks, legal limitations and utility locations for the site of the Project, and a written k-~ description of the site. The surveys and legal ~formadon shaft include, as apFlicable, gt~dcs and ifnes o£ streets, ,~11eys, pavements and adjoining property and ~tmctures; adiacem drainage; rights-of-way, restrictions~ easements, encroachments, zoning, de~d restrictions, boundaries and contours of the site; [oc.a$ions. dimensions ami necessary data with respect to existing buildings, other improvements and trees; and information cm~ceming available utitity services and lines, both public and private, above ~nd below grade, indudingmverts and depths. AIl the information on Uae sxavey shall be referenced to a ProjecL benchmark. 4.5 The Owner shall fi~mish the ~ervices of geotechnical engl~em when such se~ices ~e ~queged by ~e ~chi~ct. Such sauces may i~lude but ag not limited to test bor~g~ test plo, d~er~nafions of sell bearing values, ~golalion rests, ~uafions ofh~rd~s matmah, ground co~osion tes~ and resgt/vRy tes~. including neces~ o~mtions for anticipating su~oil conditions, wi~ reports and appropriate recommendati0n~. 4,6 The Ovraer shall furnish the services of consultants other than those designated Paragraph 4.5 when such services axe requested by the Architect an8 are reasonably required by thc s~ope of the ?reject. 4,7 The Owner shall ~urntsh slructural, mechanical, and &emi~al tests; teas for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests. i~sp~'~ions and ref~orts required by taw or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services thgt may b¢ n~:essary at any time for the Prefect to meet th, Owner's needs and interests, guch ~ervlces shaR include auditing s~rvices the Owner may requi~e to veri~ th~ Contractor's Applications for Payment or to agertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, hfformatlon, surveys and repoets required by Ps,graphs 4.4 through 4.8 shall be furnished at th~ Owner's expense, and the Architect shall be emifled to rely upon the accuracy a~d comp}eteness ~ereo~ 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect ~ the Proiect, includ~g any errors, omissions or inconsistencies in th~ ~k~:hitect's Instruments of $ervice. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5, I, 1 The Construction Cost shall be the total cost or, to completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. ~_. 5.1.2 The Construction Cast shall include the cost at current market rates of labor and materia/s furnished by the Ow~t and equipment designed, specified, selected or specia~ f~ro~dded ~or by the Architect, includl/ig Lhe costs of managemen! or supervision of construction or installation provided by a set~arate construction manager or contractor, plus a reoaoJaable allowance for their overhead and profit. In addition, a reasonable ~llowance for commgers¢i~s shall be included for market conditions at the time of bidding and for changes in the Work, 5.].5 Construct[on Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and tingeing or other costs that axe the eespo,sibi[ity of the O~'ner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Copyright 1974, 1978, 'Tg/?, ~987, ~ 15197 I~ The A ' ' ' .r r-- Y ........ ~eNcan"lfi'stitute ut Ar¢~lltec?s'.'"l~&'p~e~luCfion ut ina'" material herein or substantial quotation of its provisions without written permission of the AIA viotates the copyright law~ ef the United States and will sub,eot the violator ~o legal prosecution. WARNING: Unlicensed photocopying vio[ate.5 U.$. copyright laws and will subject the violaS'or to legal pm~.ecution. Thio 60cumenr was a(ecttonica(fy produced with permission of the AIA and can be reproduced in accordance with your license without violation1 until the date of expiration as noted below. THIS DOCUMENT HA5 IMPORTANT LEGAL CONEF. OUffNCE$. CON~ULrAT~OIV WITH AN ATTORNEY t5 ENCOURAOED WITH RESPECT rO frs CCIMPLffrI~3~V OR f,~3Otf~cA truly. AUTHENTICADON DF THIS &LECTRONiCALLY DRAFTED AIA DOCUMENT MAY 8E MADE BY USING ArA DOCLtHENT 0401, The American Institute ~f Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 5.2. I Eyalu.ations of the Owner's l'roject budget, the prelhninary estimate of Gollstruction ~ty~ s ~ua~me? ~ a ~es~gq ~re~oa~ tami~r ~lh ~e con~ction indust~. It i~ recogmz~, ~ow~er, t~t ndth~ ~e ~chkect nor ~e Owner has control ov~ ~e cost of lair, ~t~. or equipment, over ~e Gontn~t'~ methods o~determm~B bid p6ces, or com~t~t~ve ~ing, market or negot~ling condkiom. Acrord~n~y, the ~chitect ca~ot does not wmr~t or tepresenl tha~ bid~ or negotiate6 prices wi[I not va~ ~rom ~ ~ s 5.2.2 No F~ l~it of Con~ion Co~t sh~l ~ estab~h~ a~ a c~ndition of ~is Agreement ~ &e Eu~hln~, proposal or e~ablishment of ~ Project budget, ~less ~uch ~it h~ ~n a~reyd upon i~ ~itmi ~d signed by ~h~ pauiea hereto. If such a t~ed limit has ~ eFabhshfq~ the.~hitec~, shall,~ p~itt~d to inc/ude contingencies for des~ bi~ng coN~t~. n pnce.e~alauon~ to oe~n~ne wna~ materia[~, equipment, component systems and t~es of ArTORaEY ~n~[~[i~ ~ t~ ~ ~ctu~ ~ t~e~on~ct ~ocumen~, to m~e mam~ble adjust~nts ~ n~ess~ to adjust the Con~m~ion Cost to the E~xed limit. F~ed limits, if any, shall ~ ~cr~a~flfm ~e amount of ~ inc~e in ~e Contact Sum ~c~htg after e~cufion of ~e aY u~ ~ O~u~Nr ~. 5.2.3 If the S~d~ or N~otimion Ph~ h~ not commen~d wit~ 9o days a~ ~¢ con~on inau~. 5.2.4 It a t~ed ~t of Cons~ction C~t (~Justed ~ provided ~ Subp~gmph 5.1~) is e~eeded by ~e lowest ~na ~de bid or negoIia~d proposal ~e ~ner ,1 give ~tten appr~ of an ~e~e ~ such ~ limit: .2 au~en~ ~b~dding ~r renegotiat~g of the t~mje~ ~th~ a ~amnable .3 terminate in ~cordance wi~ P~8~ph a.5; or .4 c~perate in ~v~s~8 ~e Pro~ ~ope m~d quarry ~ z~ui~ to ~uce the Com~c~on Cost. 5.2.5 It the O~er ~s~ to p~e~ ~det C~use $.~.4,~ ~e ~m~, wi~out . ~== ~ :o co~pl~ ~ the ~ ~t, [festab~d~ as a con~on of~ A~reemenL Th~ m~lflcali~ of such d~uments ~thout co~ to the Owner shall ~ the ~ ~mit of the ~it~t s msponsibi~ty under ~ Subpa~g~ ~.2.5. TM Ar~it~ ~a~ ~ . entffl~ to compensa~on in accord~ce ~ih this Ag~ement for ~l se~i~ perform~ wh~er ~ or not the ~tmaion Ph~ is commenced. ARTICLE 6 USE OF ARCHITECT,S INSTRUMENTS OF $ERVICE e~ 6.~ D~gs, sl~cificatiom ~d ~er ~menU, includ~g ~ose in ele~ronic ~, AIA ~CUMENT B~51-19~ preFa~d ~ the ~bite~ a~d the ~hi:~t's consul~nts a~ lilY,in ...... a solely ~U~ respect to t~s Project. The ~itect an~ the ~chitect's consultants shall ~ d~med ~e au~o~ and o~ers of ~eir resp~t~e ~strumenls of ~ice and sh~l ~ta~ ~[ common law, ~atuto~ and ~er reseed ri~ts, including cop~ights~ The American Institute of A~hitects 17]S New York Avenue, N.W, G.2 U~n e~cuti~ of ~is Ag~ement, the Architc~ grits to ~e Owner a none~lus~e Washings°n, D.C. ~Ceme to mp~uce the ~cMt~t's Inst~men~ of Semite ~lely for pu ~ of c~m~n , using and mmnt~g ~e Project, provided that the O~er ahall com~p~ with ~1 ob~ga~o~, includ~g prompt pa~ent of aE su~ wh~ due, ender this Ag~ent. ~e Archi~ct o~ain si~ nonexcJusive licenses fram :he ~hlte~'~ consuRants con~em ~th material herein or ~obstant~al quotat~.~ o~ ft~ ~rovisi~s wlthom writ~ permisslo, o~ the AIR v~olmes the copyrlSht law~ of the Uni~d States and will subjec~ ~he vitiator to ~egal pros~utlon. WARNING; U~licensed photocopying vtdate~ U,5. copyright laws and wi I sob}~t the violator m leSal pro.uriah, This ~cument was e{ec~nlcally produced with pe~ission ~t the AIA and can ~ repro~oced in ~ccorda~ce with ~ice~e without violation until the da~e of expt~atlen a~ noted below. A~eement..An.), termination of this A§reement prior to completion of the Project shall tet'minate this hceme. Llpon such termination, the Ow~)~,~ ~hall refrain [rom makint further reproguctior~ of instruments of 5en4ce ~,nd shall return to the Architcc't w/thin seven days termination all original~ and reproductions in the Owner's possession or control. If and upon the date thc Architect is adiudged in dehult o[' this Agreement, the foregoing license shall be deemed tprminat~ and reptaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design pro[essionah to reproduce and, where permitted by law. to make chtmges, corrections or a4tditions to the Instruments oF Serv/ce sold7 for purposes of completing, using and maintaining 'the Project. 6.3 Except for the ltcensea granted in Paragraph 6.~, no other license or right shall be decried granted or implied under ~ Ag~ement. The Owner shall not assign, delegate, subilce~se, pledge or othem,i~e transfer any license gtant4~t h¢~in to anotl~r party w~thout the pdor written agreement of the Architect, However, tl~ Owner shall be permittedto authori2e the Contractor, Subcontractors, Sub-sulx:ontractors and materla[ or equipment suppllers to reproduce applicable portions o( the Instruments of Service appropriate to and for use in their execution of the Work by license grated in Paragraph 6.2, Submi~ion or distribution o£ I~truments of Sendce to meet official regulato~ requirements or for similar p_urpo~s in connection with the Proiect is not to be construed as publication in derogation of the reserved fights of the/m:hitgct and the Archit~t's con.,ultant~. The Owner ~hall not ute the Instruments of Service for future additions or alterations to this Pm~ect or for other proiects, unless the Ow~er obtair~ the iarior wr/lten agr, ement of' the Architect ~nd the Architecl's consultants. Any tmamhorized use of the Instruments of Service shall t~ at the Owner's sole risk and without liability to the Architect and the Architect's cor~ukants. 6.4 Ptior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronk data for incorporation into the Instruments of Serv/ce, the Owner alit the Architect shall by ~eparate written agreement set forth the specific conditions governing the format of such Instruments of Service or ~lectmni¢ data, including any special limitations or license~ not otherwise provided in this Agreement. ARTICLf ? DISPUTE R£5OLUTION 7.1 M£DIAIION 7.1.1 Any claim, dbpute or other matter in quest/on arising out or' or related to this Agr~ment shall I~ subject to m~dlation as a condition precedent to arbi~tration or the imtitution of legal or equitable proceedings by either p~rty. If ouch matter relates to or is the subject of a l/eh arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to r~solution of the mater by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeavor to resolve claim~, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance wi~h the Construction industr? Mediation Rul~s of the American AJrh/tration Association currently in effect. R_eq-est for mediation shall be flied in wrhlng with the other party to this Agreement and with the Amer/can Arbitration Association. The request may be made concurrently with the filing ot~ a demand for arbitration but, in such eCent, mediation d,.all proceed in advance ot'arb/tration or legal or equitable proceedings, which shall be aayed pending mediation for a period of 6o days from the date or fling, unless stayed t'or a longer p~tiod by air,meat ofthe parties or court order. 7.1.3 The patties shall share the mediator~ fee and any tilinR fees equally~ The mediation shall be he. id in the place where the Proiect is located, unless another location is mutually agreed upon. Agreemcn~ reschcd in mediation shall be enforceable as ~ettlement agreements in any court having jurisdiction thereof_ 7.2 ARBITRATION 7.2.1 An>, claim, dispule or other matter in que.,fio~ ara/n§ out oF or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputea by mediation in accordance with Paragraph :Copyrigrtt 19741 1978~" 1~77, l~til, © 1997 by 7he American Int~ltute or Arciqit~:tli'."l~oduction or' tine material herein or substantial quotation of its provisions without written permission of the AiA violates the copyright )ews of the United Sta~'e.~ and will subject the violator to regal prosecution. WARNING: Unlicensed photo¢opyin8 violates U.S. copyright laws and will aubject the violator fe legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license ~vi~hout violarioe ~ntil the dahe of expiration as noted below, CON~£OUENCIi$, CO~UL TA TION WITH AN ATTOR~Y ~ E~OURAGED Wt~ TO 1~ COMMON OR MQDf~CA~ON: AUT~NTI~TION OF T~ [~RONIC~LL Y ~TED AfA DOCUMENT ~ Y ~ MADE BY USING ~A O~UMENT ~I, AGREEMENT The American Institute of Architects 1735 New York Avenue, N_W, V~'ashtngton, D,C, 20005-5292 I 7,2.2 Claims, disputes and other matters in question between Lhe patties that are not I resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance w/th the Construction industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the Americ,m Arbitration I Asgociatlon, : 2.3 A demand for, arbitrat, ion.shall be made within a reasonable time after the claim, ~pute or otaer matter ut quesuon has arisen, rn no event shall the demand for arbitralion be p e r oLqer mauer In question would be barred by the applicable statute ofllmitations. T~$ DOCUMENT HA5 IlVg~RTANT LEGAL 7.2.4 ~o arbitration arising out of or relating to this Agreement shall include, by I consolidation or iolnder or in a~y other m~nner, -~u addRionaJ person or entity not a party to ATTORNEY ISENCOU~AG£~ WlN-II~£$PECT IhlS Agreement, e~cept by v, qitten co~e~t coDtej~qing a s[~cJ~¢ _~fererlce lo rios Ag~eer~nt rO I~ COMP~?Ig~I OR I~3DIFICATION. and signed by the Owner, Architect, arid any other person or entity sought to be joined. AU?H£N?ICAIYOIVOF?VdSD. E¢?RONtC~LLY Gonsent to azbitration involving an additional person or entity shall not cons[Ruts consent to DRArT~D a/~ DOCUfdEN~ ~AY a£ r, fADE I aitdtralion of a.ay dale, dispute or other matter in question not described in the written aY usING~VA DC~CUf~Nr consent or with a person or entity not named or describ~ therein. The ~o~egoing agreement to arbitrate and othe= agreements to arbitrate with ~n additional ~erson o~ entity duty co~sented to by parties to this Agreement shall be Sl~eclt'ically enforceable in accordance with applicable I law in any court having iurisdiction thereof. 7.2.5 The award rendered by the arbRrator or arbitrators shall be fmaL and iudgmen1 may be entered Upon it in accordailge with applicable law ht any coati having iurisdiction there, o[ i 7,3 CLAIM$ FOR CONSEOUENTIAL DAMAGES 'l'he Architect and O,~mer waive consequential damages for rialtos, disputes or other matters in ,q.u~.~ion arising out of or relating to ~his Agreeme~tt. This mutuaJ waiver is applicab/e without I ~matation, to all consequential damages due to either r~artv's termh~ati0n in .~,-,,.a~,',, ..... :~ g Article 8. ' ARTICLE 8 TERMINATION OR SUSPENSION I 8,,1 I~ the Owner fails to make payments to the Architect in accordance with this ^greem~nt, such failure sh~ be considered substantial nonperformance and cause For t.erminatlon or, at the Architect s optioi~, cause for suspension ofper£ormance o~services under this Agreement. If the A:chitect elects to suspend services, prior to suspension of services, the I Archil~:t ~ give ~cvep_ dzys' written notice to the Owne- ~- .~ ........ ~ * ' services, the Architect shelf have no liability to the Owner ~'or delay or damage caused the 0 .'~, er,,because ,et' such s~pension of strvic?s, Before resuming services, the Architect shall be ~ ~lilm',, para au sums sue prior to suspension anc~ any expenses incurred in the inlerruption a~d i .m_ sump. tio.n .of ~e Architect's services. The Architect's fees ['or the remaining services and the tune schedules shall be equitably adjusted. ~,~,,~ 8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the i Architect shall be compensated for services performed prior to notice of such suspension, .Wh. en ~.e Proie.ct i~ resum, ed, the. Archi}em shall be compensated ['or expenses incurred in the e~s? ^~^~ AiA DOCUMENT ~me.nupuo.n.,ana.resum, pt?n, ot',th,e, .Architect's services. The Architect's ~ees Cot tl~e remaining ~UsSR£V~ATEO OWNEg-^RCH~TECT s~rv~ces aha me t~me scnecimes snail ~e equitably adjusted. m^(~REEMENr 8.3 If the Ptoiect is suspended or the Architect's services are suspended ['or more than 9o The American Institute of Architects consecutive days, the Architect may terminate this Agt~emeLtt by giving not less than seven 1735 New York Avenue, days' ~Titten notice. Washinglon, O,C. 2OC~O6-~292 m 8.4 This Agreement may be terminated by either p~rty upon not less than seven days' wn'tten notice should the other party tail ~ubstantia]iy to perform in accordance with the terms of'this AgreemenL through no Cault o£ the patty initiating the termination. m "copyr[gl~t,,1)Te, 19,,y8, 1977, '1987,~0 i9~7"1Qy The A~erl~a~' Institule 'or Arcl~i)-~?~ Reprdductior~ bt the material herein or substarltial quotation of its provtsion~ without written perrnissJon of the Al^ violates the copyrlghr Jaws o~ the unihed 5rates and w)J) ~ub]ect the violator to lel~al prc~secution. WARNING: Unlicensed mpho?o¢opyin8 violates ti.s. copyright laws and will s~bjecI the violator to legal prosecution, Thi~ document ~,as electronically produced with permission 'of the Al^ and can be reproduced in accordance with your )ic~nsc wlthour v~olation ~tiJ the dare o~ exgfrar~an as noted below. 11 I 8.5 This Agreement may be terminated by the Owner upon not less than seven days' va'it~en notice to the Architect for the Owner's convenience an& without cause. 8.6 In the event of termination not the fault of the Architect. the Architect shall l~ compensated/or ~rvices performed prior to termination, together with ReimbursabLe Expenses then due and all T~rminatioa Expenses as defined in Paragraph &7, 8.7 Termination Expenses are in addition to compensation for the services of the Agseement and include expenses directly attr£butahle to termination for which the Architect {s not otherwise compensated, plus an amount ~or the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place ut'business of the Architect, unle~ otherwise provided in Article m. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of ALA Document iao~, General Conaitions of the Contract for Goastmction, current as of the date of this ,~reement, 9.~ Causes of action between the parties to this Agreement pertaining to acis or failu~s to act shall be deemed to have accrued and the _applicable statutes of limitations shall commc~ce to run not later than either the date of Sul~iantial Comp[etlon for acts or failure.~ to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Pa~meni for acts or failures to act occurring a~er Substantial Completion. In no event ~hall such statutes of limitations commence to run any later than the date when the Architect's services are substantially camF~e~-,d. 9.4 To the extent damages are covered by property insurance duri~8 construction, the Owner and Ri'ckitect waive all rights aga/n~t each other and against the contractor, consultant~ agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document General Conditions of the Contract ~or Construction, current as of the date of this Agreement. The Owner or the Architect, as app. ropriate, shall ~equire of the contractors, consultants, agents an~ employees of any of them sim:lac waivers in favor of the other part/es enumerated herein. 9,5 The Owner and Architect, r~spectlvely, bind themselves, their partners, succes.~ors, assigns and legal representatives to the other party to this Agreement and to the parCaets~ successors, assigns and legal Tepresentatives of such other party with respect to all covenants of thi~ Agreement. Neither (he Owner nor the Architect shall assign this -~.greement without the written consent of the other, except that the Owner may assign this Agreement to an ~stkutional lender providing l~mncing for the Project. 'In such event, the lenaer shall assume the Owoer'$ rights and al)ligurians uridel' thi~ Agreement, The A. rchilect shall execute ~J! consents reasonably r~cluired to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreement~, either written or oral. ThL~ Agreement may be amended only by whiten Jn~,'ument $/gned by both Owller and Architect. 9.7 Nothing contained in thi~ Agreement shall create a contractual relationship with ar a cause oraction in favor ora third paxty against either the Owner or Architect, 9.8 Linless otherwise provided in this Agzeemem, the Architect and Architect's consultants shall have no responsibility for the all, cowry, presence, handling, removal or disposal of or exposure of persons to hazardous materials ut toxic substances in. a~y form at the Proi¢ct ~ite. ~aferla~ herein or substantial quotation of its provisions without written ~rmisston o{ the AIA violates the cap~ight laws of the United states and will subjeer t~ violator to legal prosecution. WARNING; Unlicensed phot~opyin8 viotaiai u_s. ~opyright taws and will subjec~ the violator to I~1 prosecution. This document was el~ronically produced with ~rmission of ~ AIA an~ can be reproduced ~n accordance with license without vi~Jation until the date of axpirarion a~ noted below. 12 TH~$ DOCUMENT HAS IMPORTANT L£C~L ¢O~EOUEIVCE.$. COfilSOL?~;'~ON W~r~ AN ATTO~EY ~ ENCOURA~D WffH ~CT TO [T$ CO~P~TI~ OR ~ODtFICATtON, AUTO.ICA TI~ OF T~ ~CTRON~ Y DRAFTED ~ ~U~Nr ~Y ~E ~4DE Q1997 AIAI~ A~A OOCUMI:'NT B1S1-1~97 AGREEMENT The American Insti~te of Architects 173S New York Avenue, N.W, Washington~ D.C, 2000~-.~29:~ 9.9 The Architect shall have the right to include photographic or a~isfic representations of the design of the Proiect ~-nong the Architect% promotional am/professio~ material~ The ~hjtect shall be given r~asonab]e access to the compJeted Proiect to make smrb representations, However, the Archilect's materials shall not h~clude the O~mer's conildential or p.r~opr!et, ary in.f. ormation ,if thy.Ow.nar has previously advised the Archite~t in writing of the specmc ~nrormauon consic~ere~ by the Owner to be confidential or proprietary, The Owner shaR provide professional credit for the Architect in the Owner% promotional materials for the Project. 9.10 If the Owner request~ the Architect to execute certificates, the proposed lan§uage such certificates shall be submitted to the Architect for r~iew at [east z4 days prior to the re(l~ested dates of cxecutlon. The Architect shall ~ot be r~lulred to ex'e~t~te certil~cates ~at T~DOCU~#T HAS~o~.r~r would require knowledge, services or responsibilities beyond the scope of'this Agreement. CONS~OO£NC~$. COI~;UIJATION a T Tottery ts rNCOU~a~o wtm tt~r CT ARTICLE 10 PAYMENTS TO THE ARCHITE CT Fo/rs coMt~rla¥ o~ 10,1 DIRECT PERSONNEL EXPENSE AU1'I'~NTtCATIONOFTHISW. ECTRONICAU. y DRAFTED AIA DOCUMENT MAY ag MADE Dipect Personnel Expense is defined as the direct salaries o£ die Architect's personnel engaged aY (I~INE AM OOCUMEa;r on the Proiect and the portion of the cost ofthelr mandatolT and customary contributions and .benefits fei.at,ed, the~tof .such as employment taxe~ and other statutory employee benefits, ,nsurance, s~cx ~eave, .hollOays, vacaltons, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expen~ are in addition to compensation for Bash: and Additional Servi¢.es an~. include ex.per, es incurred by the Architect and ArcllRect's employees and consmtants directly relateU to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-oE-town travel and subsistence, and electronic communications; ,2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service: .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .S renderings, mcdeb and mock-ups requester bythe Owner; .6 expense o~ proFe~ionaJ liability insurance dedka/ed e~tusivel¥ to this Proiect ar the expense of additional insurance coverage or limits requested by the Owner in exce~s of that nm'really carried bF the Architect and the Architect's consultants; · 7 reimbursable ~pensea as de~isnated in Ar'~le.m .8 other similar direct Project-related expenditures. PAYMENTS ON ACCOUNT OF BASIC SERVICES 019~ AIA~ AIA D~CUMENT B~$~-'~9~7 70,3 ABBREVIATED OWNER-ARCHITECT 10.3.1 An initial pa~ent as set fo~ in P~agraph a.l ~ the ~um payment under this A~REEMENT Agr~ment. The American Institute of Arch mcts 17as New York Avenue, N,W. 10.3.2 Suba~quem pa~en~ for B~c 5e~es ~ta~ ~ made mon~]y and, whe:¢ appScable, Washinst°n, O.C. 2~6,5292 sha~ ~ in pmpor~on to $e~ices perCa~ within e<h p~ of sexier, on the ~sJs set fo~h ia Subparagraph u.zz ~0pyrisht" 1974, ;1'97B, ~'~IL I~UL"~ 19a? /iy The 'Amenca~ Institute' at Ar~hif&~g. Rep~d~tion of th6 mamr/M herein or substantfa~ quotation of ~rs provisions without written permlsaion of tho AIA violates the copyrisht laws af the United States and wilt subject t~ violator to label prosecution. WARNING: Unlicensed phot~opyin8 violates U-5. copyrisht laws and will subject the violator to lesal prosecution. ThI~ document was electronically produced with ~rmisiian of the AIA and can be reproduced in accordance with your license without violatJen until the date of explratlan as noted below. 13 10.3.3 If and to the extent ,that the time initially established in Subparagraph u.~,l of this Agreement is exceeded or emended through no fault of the Architect, compensation for any forth in Subparagraph 11,3.2. 10.3,4 When compensation is based on a percentage of Conamction Cost and any portions oCthe Project are deleted or otherw/s¢ not constructed, compensaiion for those portions o£the Proiect shall be payable to the exlent ~rvices are perMrrned on those portions, in accordance with the schedule ~et forth in Subparagraph ma.a, based on (D the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, ~h¢ most recent preliminary estimate of Construction Cost or detailed estimate of Constructioll Goat for such portions of tJ;e Project, 561 659 5546 P.15/2i 10,S PAYMENTS WITHHELD No deductions shall be made l~om the Architect's compe~satlon on account of penalty, liquidated damages or other sums withheld l~m payments to contractors, or on accourit of the coil o£ changes in the Work other than those/or which the Architect has been adjudged lo be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expen~e~ and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel r:xpense shal~ b~ available to the Owner or the Owner's authoriled representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follow~: 113 An Initial Paym~m of Dollars ($) shall be made upon execuLton of this Agreement and crc~cliteci to the Owner'~ account at Enal payment. 11,2 ~ASIC COMPENSATION 11.17,1 For B~sic Services, as described in Article ~ and any other services included in Article la as part of Basic Services., Basic Compensation shal| be computed as follows: 11,2,2 Where compensation is based on a stipulated $um or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Schematic Design Phase: Design Development Phase: Construction Document~ Phase: Bidding or Negotiation Phase: Construction Phase: Tolal Basic Compensation: 113 COMPENSATION FOR ADDITIONAL SERVICES percent (%) percent (%) percent (%) percent (%) percent (%) one hundred percenl (mo%) 113.1 For Pro]ecs Repre~enp, tlon Beyond i3a$i¢ Scrv/ces, as described in Paragraph 3,2, compensation shall be corJlputed as lbllows: '~:opyrisht 1974, 197B, 1977~'"i'~7, ~D-]997 by ~:Arneriean Insfii'b'te or Arcmmcrs~ Repmd~iofi 6~ mateHa~ flereln or substantial quotation of frs provisions without written ~rm~ssion of the AIA violate~ the (:pyrisht laws of the United ~tates and will subj~t the v)a(a)or to ~eEa) p~osecuHon, WARNINg: Unlicensed phor~opylng violates U,S, copyright law~ and will subj~ the violator to lesat prosecution, This document was el~ronicaliy ~roduced with permission of the AIA and can be reproduced ~ accordance with your license wilhout ulolation until the date of expiration ~ noted below. ~4 I I i I THf.~ D~CUMENT HAS IMPORTANT LEGAl, AUTHENTICATION OF THIS £LECTRONICAL DI~AFTED ~UA DOCUMENT MAY tie MADE aY USIAIO /UA DOCUMENT D40L I I I I I I ,~'19S? AIA~ AIA DOCUMENT R151-1997 A~BREVIATED OWNE,~-AFICHITECT AGREEMENT Th~ American Institute of Architects 173.5 New York Avenue, N.W. washlnston, D.C. 10,4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of' the Architect's Additional Services and for Reimbursable Expen~.~ rD irs COMPLY?ION OR MODIFICATION. shall be made monthly upon presentation of the Architect's statement of services rendered ~r A~rrHflvrt¢~,OIv OF THIs £:fcr~oMa4tlY expenses incurred, 1.2.2 Where compensation is based an a stipulated sum or percentage of Construction O~t, progress payments for Basic Services in each ph~e shall total the following percentages of the ~ola] l~aslc Compensation pa~able; (ta.¢ert aa#t/ohs/pbgc.4 a~ appropriot¢.) Schematic Design Phase: Desi~a Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Total Basic Compensatian:~ percent (%) percent ( %] percent (%) percent (%) percent (%) one hundred percent 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For project Representation B~pond Basic Services, ~ described La Para, apb compensation shall ~ com~ted ~ fo~ Per hourly mt~. atteohed, fixhibit "~" 11,3.2 For ~ditionat Se~ice~ of the ~chitecz, ~ de~cd~d in ~icle~ ~ and ~a, other than (0 Ad~tional Pm~e~ ~pmsenta~n, ~ ~scfi~d in Paragraph 3.~ ~d (2) se~ices includ~ ~ ~icte t2 as par of Basic Se~ices, bm excluding ~ces of consultang, compensation sh~ ~ compu~d as ~ollo~: and elect~t engineering ~i~s and ~ prodded u~er Subpa~mph 3.4a9 or identt~ed in 2~ticle t2 as ~ounts billed to ~e ~cM~ for such ~ces. 11,4 REIMBURSABLE EXPEN$ES For Reimbumable E~en~s, as de~fi~ in Paragraph 1o.~, and any o~er items inc[ud~ in ~niS~ ~a a~ Reimbu~ble ~mmmct, ~e ~hit~t a employes ~ consultm~ ~r~fly mlat~ to ~e Proj~t. 11.5 ADDITIONAL PROVISIONS Il,SA [f the ~a~ic months of the date he~o[ t~ou~ no last of ~e ~c~te~ emen~on o~ ~e ~chitect's se~ces ~yond 11.5.1 Payments a~ due md pa~ble ~i~ ( ~ ) ~gs ~om ~e date of ~e ~it~'s invoice. ~ounts unpa~ fo~-fiv~ ( ~ ) days a~er ~e invoice ~te shaft bear interest, at the rate enter~ ~low, or pflndpal place of bus~e~ of ~e ([~80tl ~tle of J~le~M ~ u~.) TNI$ OOCC/iVI~NT ff, R~ ffflPOflI'AtW'/.~C.~L CO~E OUENCES. CONSUL TA TiON WITH ATTO~Y t~ ~N~U~D WITH R~CT TO ITS COMP~TION OR MODtFICA~ON. DRAFTED ~ O~O~ ~Y BY USI~ AiA DOCUMENT ~1997 AIA DOCUMENT B15'1-1997 (L~,utl~.la,~ and requfl'or~oot,~ ~mder the F~v~ ~mlh in gendt~g ztc2, ~i*ilor ,~tolo ;old 1~1 c'onsomer Mit la~ ABSR[VIATED. OWNER-ARCHITECT modlll~tti,ns, and ab'o ~i~ ~ui~mcnU such as ~tten d~x~' or ~,) The American Institute of Architecls 1735 New Yo~ ]].5.3 The rotes and mOtiplea ~et leah f~ Additional Se~ces shaU ~ a~iu~d ']n Washjn~t,n, accor~ace wilh the norm~ ~ala~ review practices of dar ~te~, ARTICLE 12 OTHER CONDITIONS O~ SERVICES Copyright 19la, 1~7~"'i'977, 1987,'~'1g~7 ~y' The Amer~can'"ihgti't0~ et ArchOectg: a~pr~aoe~i~ 0~ the' material herein or substantial q~tatian of its prov~sions without wriffen permission of the AIA violetes the copwight laws of the Un,ted 5ta~ and wil~ sub]ect the violator to legal ~seeuffan WARNtNG; Unlicensed photocopying violates U.S. copyright laws and w~ll ~ubject the vlolator to ~egal pr,~ecution. This document was electronically produced with permission ,f the AIR and can be rep~duced in accordance ~ith your t~cense w~rhour vioJation ~til the date of expiration as ~d below, User Oa~men~,' 02~5 sebasti~n,a~:a -- 4/19t2~. AIA License Number 10~1052, which expires on N5/2~2. 15 12. t Exhibit "A" Pre-Desia_n. Plannina_ and Conceotual Desi~an Phase Proposal. dated 03-12-02t l st revision 03J_~!5/02/~lq..d..r. evision 04/12/02. is made ,Dart of this contract. 12.2 Exhibit "B" RateSheet: cteted~0~l~r~.)A~..m._a_d....e.._oart of thi~ ccntmb--t, 12.3 8hc~uld tlqis proiect be on hold forAoeriod of six (6_)months. t~e contract must be rene~otiatect upon retrieval from archives, 12.40wnerJclient and ctesi~n ~rofesslonal have discussed the risks, rewards andbenB..fits. of the pmieet and the desi'ctn_orofessionel's total fee for services, The flsks have allocated such,tha_t the owner/client aarees that', tO_the 1[Utlest extent Detmiffed by the law. deacon orofessional's teta~ ~iabli~.tq~c~.i_e~t~owner for any and ell iniudes, claims. 7osses. ex.~enses damaaes or claimers_expenses arisi~na out of this aoreement f[,01Yl al~y cause or causes shall net e~xceed the total amount o[$50.000, ~uch causes ineluded:~ut are ~ot limited to cleston professional's neqligence, errors, ommJssions, strict liabili~, breach of contract and breac[q~of warranty, Thi~ A§rcement entered into as o£the day and year first written abov~ OWNER ~s~.,~,~ ARCHI~T (~~ ~ T~rr_~ R. Moore. City Man.er Rick ~o~zalez. AIA. Pre&deot ~ REG ~lj. ects. Inc. and I.#.l~) C~pyrTgh[ ]~]74, ~JlU, lgll, 1ga?."'© 1~7 ~Y T~ America~ institute ol Arc~[le~s~ ~epr0auerion malarial herein or substantial quotation of its provisions without writte~ permission of the AIA violata~ copyright laws of the United State~ end will sub~r the yJotamr m )esal prosecution. WARNING: phot~apyin8 violates U,S. copyright laws and will ~ub~ct the violator ~o lega~ pros~u/ion. This document was ele~tronlcally produced with permission of the AIA and can ~ reproduced in accetdance with your ~)cense wither viola/ion u~TJJ the date of expiration as no,ed below, User Document: 02~5 ashes/mn.sis 4/1~2~2, AIA g}cense Number 1011052, which ~pire~ on 7'Hi$ DOCUMENt' HA~ II~1PORTANT LEGAL CONSEOUENC£S. CONSULTATION WiTH ,ATTORNEY J~ ~NCOURA~D WITH R~CT TO I T5 CO~T~N OR ~DIFICA TION, AUTHENTICATION ~ TH~ E~CTRO~A~ Y ~AFrED ~A BY USING ~tA OOCU~N? AiA DOCUMENT lllSl-[gg? ABBREVtA?I[13 OWNER-ARCHITECT AGREEMENT The American insfltul'e of Architects ~735 New York Avenue, N.W. Washtnston, D.C. 20OOtl-S2g2 HO/ViE OF PFJ. ICAN ISLAND Subject: Police Pension "r~.S,,ubrnt~".~')_b.~ity Manager Agenda No. Department Origin: Date Submitted: 04-12-02 For Agenda off 04-24-02 Exhibits: Memorandum dated March 4, 2002 to City Manager, Terrence R. Moore from Mark Mason, CPA, Finance Director, Activity Summary, Proposed Ordinance, Actuarial Impact Statement, Actuarial Assumptions and Funding Methods EXPENDITURE REQUIRED: I AMOUNT BUDGETED: IAPPROPRIATION REQUIRED: SUMMARY The Police Department Retirement Board is requesting the City Council to consider a pension improvement. See attached exhibits including a proposed Ordinance revision, Actuarial Impact Statement and Actuarial Assumptions and Funding Methods, as well as a memorandum from Director of Finance, Mark Mason to City Manager, Terrence R. Moore, which outlines respective analysis and other alternative recommendations. RECOMMENDED ACTION Consider respective dynamics dialogue and take action accordingly. From: Date: Re: Terrence R. Moore, City Manager Mark C. Mason, CPA, Director of Finance ~ March 4, 2002 Police Pension Request to go from a 2% to 3% multiplier for all years of service On January 8, 2002, representatives of the Police Pension Board met with you and I for discussions regarding the pension board's request to change the retirement multiplier from 2% to 3% for all years of credited service. During that discussion, a request was made to be placed on the agenda for the City Council to review and move on the ordinance change. In addition, it was made clear to the representatives of the Pension Board that it was Staff's position to provide the 3% multiplier prospective from October 1, 2001 forward. Following the meeting, I developed the enclosed schedule which shows the contributions made to the Police Chapter 185 Pension plan from its inception through September 30, 2001 by the three sources of funding for the plan. In addition, since the representatives made note that the City was paying in 9% to the CWA employees that the PD Pension plan should receive the same, I provided a comparison of the contributions made on behalf of the CWA and exempt employees since its inception to the present. Please note that up to fiscal year 1999, the contributions made by the City and State Premium Tax exceeded the contributions made by the City to the CWA and exempt employees retirement. In addition, also note that the pension contributions per employee by the City and Premium Tax (both one and the same) to the PD Pension have consistently, for all years, exceeded the per employee contributions toward retirement for CWA and exempt employees. The City's requirement for contribution to the PD Pension plan is predicated on the actuarially required contribution percentage less the officer's contribution percentage and less the State's contribution percentage. The State's contribution which consists of insurance premium taxes is paid to the City and the City subsequently deposits the amount into the Police Pension. Thus the City's contribution can change from year to year depending on the State's contribution and what the return on investment has been on the holdings of the Police Pension. The pension contribution formula is computed this way, because, regardless of what happens in the plan, the City has been liable for the entire plan since it was adopted and w/Il continue to be liable for it during its existence. Also, the contribution required for actuarial soundness over the past few years has been kept low due to the unprecedented strength of the stock market, and the consensus among economists is that the record returns of recent years will not be duplicated at any time in the near furore. Therefore, the argument as stated by the Pension representatives that the City should contribute as much as they are to all other employees is a moot point, since, historically, the City has contributed as much as if r~ot substantially more to the Police Pension than they have to the non-public safety employees retirement. Another point made by the representatives was that the Sebastian Police Pension plan was tied for last place of all police pension plans in the State. This should be enough to increase the multiplier to 3% since it would be a good recruitment tool. We certainly agree with this, the Police Pension multiplier should be 3%, however, it should be on a prospective basis only. There is no benefit to the City to provide a retroactive or all years of credited serv/ce benefit in order to recruit or retain new police officers to the City. The actuarial impact study provides that if the all years of credited service provision is enacted that it will cost the City in contributions, at least in the first year, $149,054 or 12.1% of annual payroll. This is a 1,640.88% increase over the previously calculated city contribution amount (for the 2% multiplier) of $8,562. In addition, as history tells us (please see schedule attached) that this amount will continue at this value, or higher, for at least five years if not more since the City will continue to have an unfunded liability (see item E. Actuarial Impact Statement) of $46,675 over thirty (30) years, due to an adoption of the increase for all years of credited service. Although it is unknown what the impact will be on a prospective basis only, it can only be surmised that the amount will be substantially less than $149,054 because the all years of credited service will not be a factor. As of right now, 1 mil in property taxes equals $574,084. I/property values stay the same, or increase only slightly, the increase would be .25 mils to provide sufficient revenue to cover the increase requested. If the prospective basis for the increase is adopted, since the amount should be substantially less, the amount will probably be absorbed in the projected increase in revenues. Also enclosed, please find the recommended language change to the ordinance for a prospective increase fi.om 2% to 3% multiplier only. City Manager's recommended language Change to the Code of Ordinances: (I) Normal. A member retiring under the terms of this article on or after his normal retirement date shall receive a monthly benefit which shall commence on his retirement date and be continued thereafter during his lifetime, with the first 120 payments guaranteed payable either to the member or, upon his death, to his beneficiary. The monthly retirement benefit shall equal two percent for each year of credited service to September 30~ 200.L and three percent for each year of credited service thereafter. ORDINANCE NO. __ AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, AME~ING CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM, OF TH~ CODE OF ORDINANCES OF TIlE CITY OF SEBASTIAN, FLORIDA; AMENDING SECTION 58-48, BENEFIT AMOUNTS AND ELIGIBILITY; PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT itEREW1TH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: ~F.~CoTID~L_I: That Chapter 58, Law Enforcement, Article 111, Police Officers' Retirement System, of the Code of Ordinances of the City of Sebastian, Florida, is amended by amending Sec. 58-48, Benefit Amounts and Eligibility, subsection (b) Retirement benefit, (1) Normal, to read as follows: ~o) Retirement benefit. Normal. A member retiring under the terms of this article on or after his normal retirement date shall recexve a monthly benefit which shall commence on his retirement date and be continued thereafter during his lifetime, with the fzrst 120 payments guaranteed payable either to the member or, upon his death, to his beneficiary. The monthly retirement benefit shall equal mm three percent of the average monthly earnings for each year of credited service. iS~i_CLIIQ]~,: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. This Ordinance shall become effective upon adoption. PASSED ON FIRST READING, this .. day of PASSED AND ADOPTED ON SECOND READING, this ,2002. ,2002. day of ATTEST: WALTER W. BARNES, MAYOR SALLY A. MAIO, CITY CLERK -1- Approved as to form: RICHARD STRINGER CITY ATTORNEY DULY ADVERTISED FOR PUBLIC HEARING: noc\s~bas\pol\01-25-0'2 .ord -2- CITY OF SEBASTIAN POLICE OFFICERS' RETIREMENT TRUST FUND ACTUARIAL IMPACT STATEMENT January 30, 2002 Attached hereto is a comparison of the impact on the Total Required Contribution (per Chapter 112, Florida Statutes), and the Required City Contributions, resulting from the implementation of the following change: 1.) Increase the benefit accrual rate from 2.00% to 3.00% for all years of Credited Service. The cost impact, determined as of October 1, 2000, is as follows: · Current Proposed Total Required Contribution % of Total Annual Payroll $138,550 $279,042 11.3% 22.7% Expected Member Contributions Applicable State Contribution 61,342 61,342 68,646 68,646 Required City Contribution % of Total Annual Payroll 8,562 149,054 0.7% 12.1% The changes presented herein are in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. Ward V. '~:~Ste~', ~r., A.$.A. Enrolled Actuary ¢99-2808 STATEMENT OF PLAN ADMINISTRATOR The prepared information presented herein reflects the estimated cost of the proposed improvement. Chairman, "BCd' of'--TrUstees - Comparative Summary of Principal Valuation Results Before 10/1/00 A. Participant Data Number included Actives Service Retirees Beneficiaries Terminated Vested Disability Retirees Total 32 0 0 0 2 34 Total Annual Payroll Payroll Under Assumed Ret. Age $1,157,403 1,157,403 Annual Rate of Payments to: Service Retirees Beneficiaries Terminated Vested Disability Retirees 0 0 0 24,283 B. Assets Actuarial Value Market Value 2,200,969 2,200,969 C. Liabilities Present Value of Benefits Active Members Retirement Benefits Disability Benefits Death Benefits Vested Benefits Refund of Contributions Service Retirees Beneficiaries Terminated Vested Disability Retirees 2,841,686 6O,589 41,527 298,214 44,123 0 0 0 244,717 Total '3,530,857 After 32 0 0 0 2 34 $1,157,403 1,157,403 0 0 0 24,283 2,200,969 2,2OO,969 4,262,529 79,682 61,574 455,256 38,520 0 0 0 244,717 5,142,278 C. Liabilities - (Continued) Liabilities Due and Unpaid Present Value Fut Salaries (AA) Present Value Fut Salaries (EA) Present Value. of Future Member Contributions Present Value of Future Normal Costs (Entry Age) Actuarial Accrued Liability Unfunded Actuarial Accrued Liability (UAAL) D. Actuarial Present Value of Accrued Benefits Vested Accrued Benefits Inactives Actives Member Contributions Total Non-vested Accrued Benefits Total Present Value Accrued Benefits Increase (Decrease) in Present Value of Accrued Benefits Attributable to: Plan Amendments Assumption Changes New Accrued Benefits Benefits Paid I nte rest Other Before $0 12,355,200 15,206,500 617,760 1,402,065 2,200,969 0 244,717 493,105 293,196 1,031,018 22,785 1,053,803 After 10/1/00 $0 12,355,200 15,206,500 617,760 2,103,098 2,920,779 719,810 244,717 836,633 293,196 1,374,546 64,825 1,439,371 385,568 0 0 0 0 0 385,568 " E. Pension Cost Normal Cost (with interest) % of Total Annual Payroll* Payment Required to Amortize Unfunded Actuarial Accrued Liability over 30 years (as of 10/1/00 ) to % of Total Annual Payroll* Total Required Contribution % of Total Annual Payroll* Expected Member Contributions % of Total Annual Payroll* Expected City & State Contrib. % of Total Annual Payroll* Before 10/1/00 $138,550 11.3 0 0.0 138,550 11.3 61,342 5.0 77,208 6.3 After 10/1/00 $230,626 18.8 45,675 3.9 279,042 22.7 61,342 5.0 217,700 17.7 * Contributions developed as of 10/1/00 are expressed as a percentage of projected annual payroll at 10/01/01 of $1,226,847 Mortality Rate Interest Rate Retirement Age. .Early Retirement Disabilitv Rate Termination Rate Salarv Increases Payroll Growth Administrative Expenses % Terminating Age During the Year 20 6.0% 30 5.0 40 2.6 50 0.8 ACTUARIAL ASSUMPTIONS AND FUNDING METHODS Assumptions 1983 GAM Table - Sex Distinct. 8% per year compounded annually, net of investment related expenses. Earlier of Age 55 with 10 years of credited service or Age 52 with 25 years of credited service. Also, any member who has reached Normal Retirement is assumed to continue employment for one additional year. Commencing with the earliest Early Retirement Age (age 50 with 10 years of Credited Service), members are assumed to retire with an immediate subsidized benefit at the rate of 5% per year. See table below (1201). See table below (1302). 6.0% per year until the assumed retirement age; see table below. Projected salary at retirement is increased 20% to account for final non-regular compensation. 3% per year. $1,100 annually. % Becoming Disabled Current Salary as % Durinq the Year of Salary at aqe 55 0.03% 13.0% 0.04 23.3 0.07 41.7 0.18 74.7 Funding Method Aggregate Actuarial Cost Method (Frozen ..Entry Age Actuarial Cost Method for study). POLICE OFFICERS' RETIREMENT TRUST FUND Eligibility Credited Service Salary Average Final Compensation Member Contributions city. and State Contributions Normal Retirement Date Benefit Form of Benefit Earlv Retirement Eligibility Benefit Full-time employees who are classified as full-time sworn police officers. Total years and fractional parts of years of employment with the City as a Police Officer. Total W-2 compensation plus tax exempt, tax sheltered, and tax deferred items of income. Average Salary for the best 5 years during the 10 years immediately preceding retire- ment or termination. 5.0% of Salary. Remaining amount required in order to pay current costs and amortize any unfunded past service cost over 30 years. Earlier of: 1) age 55 and 10 years of Credited Service, or 2) age 52 and 25 years of Credited Service. 2.0% of Average Final Compen- sation time~s Credited Service. Ten Year Certain and Life Annuity (options available). Age 50 and 10 Years of Credit- ed Service. Accrued benefit, reduced 3% for each year prior to Normal Retirement. Vestinq Schedule Benefit Amount Disability Eligibility Service Incurred Non-Service Incurred Exclusions Benefit Duration Death Benefits Pre-Retirement Vested Non-Vested Post-Retirement 100% after 10 years of Credit- ed Service. Member will receive the vested portion of accrued benefit payable at the other- wise Normal Retirement Date (unreduced) or Early Retire- ment Date (reduced). Covered from Date of Employment. 10 years of Credited Service. Disability resulting from use of drugs, illegal participa- tion in riots, service in military, etc. Benefit accrued to date of disability but not less than 42% of Average Final Compensa- tion (if service incurred) or 25% of Average Final Compensa- tion (if non-service incurred). Payable for life and ten years certain or until recovery (options available). Monthly accrued benefit pay- able to designated beneficiary for 10 years. Refund of accumulated contri- butions without interest. Benefits payable to benefici- ary in accordance with option selected at retirement. Board of Trustees a. Two Council appointees, b. Two Members of the Depart- ment elected by the member- ship, and c. Fifth Member elected by other 4 and appointed by the Council.