HomeMy WebLinkAbout10091991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
91.275
91.276'
A G E N D A
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 9_~, 1991_- 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Chef Tokar - Sebastian
Christian Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Environmental Learning Center Day
- 10/26/91
B. Proclamation - Red Ribbon Weeks - 10/1/91 -
10/27/91
7. PUBLIC HEARING, FINAL ACTION - None
8. PUBLIC INPUT ON AGENDA ITEMS
91.277
91.278
91.279
91.280
91.281
91.266
91.282
CONSENT AGENDA
Approval of Minutes - 9/25/91 Regular Meeting,
9/27/91 Special Meeting, 10/2/91 Workshop
FDLE Communications Terminal User's Agreement -
Authorize Mayor and City Clerk to Sign Agreement
(Staff Recommendation dated 10/3/91, Contract)
Ce
Grant Waiver of Bidding Procedure - Purchase Two
Mita Copiers - Mita #3354 - Police Department -
$3,110 - Mita #4585 - City Clerk's Office - $11,430
- EGP, Inc. ($14,540 Total) (Staff Recommendation
dated 10/2/91)
Grant Waiver of Bidding Procedure - Purchase
Fertilizer - Fifteen Tons - 15-0-4 w/ IBDU and
Ronstar - Vigoro industries of Ft. Pierce - $11,850
(Staff Recommendation dated 10/2/91)
Grant Waiver of Bidding Procedure - Purchase
Ryegrass Seed - Four Thousand Pounds -
Marvelgreen Supreme - Sunbelt Seeds, Inc. of
Norcross, GA - $3,160 (Staff Recommendation dated
10/2/91)
Grant Waiver of Bidding Procedure - Authorize
City Manager to Sign Open Purchase Order -
Electricity, Telephone, Fuel and Handicap
Computer Lease for Golf Course In Accordance with
FY 92 Budget (Staff Recommendation dated 10/3/91)
Ge
Coastal Lagoons Assembly - Appoint Robert McCollum
(City Manager Recommendation dated 10/3/91, Coastal
Lagoons Assembly Letter dated 8/26/91)
He
Increase Base Salary by Eighty Cents Per Hour
($1,800 Per Year) In Lieu of Dependent Health
Insurance Coverage - Unlimited Time Status Employees
(City Manager Recommendation dated 10/1/91)
2
91.283/
91.125
91.284
91.285
RESOLUTION NO. R-91-38 - Advisory Boards -
Membership Procedures (Staff Recommendation dated
9/30/91, R-91-38)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS,
COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM
PROCEDURE FOR APPOINTMENT; PROVIDING FOR LENGTH OF TERM;
ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING FOR
ALTERNATIVE MEMBERS; ESTABLISHING DUTIES OF THE CITY
CLERK; PROVIDING FOR UNIFORM APPLICATION; REQUIRING AN
ACTIVE WARRANT CHECK BY THE POLICE DEPARTMENT; PROVIDING
FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A
PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A
VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE
CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES;
REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH
ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING
GROUNDS FOR REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Request Use of Community Center - Richard Cromer -
Wedding Party - 10/26/91 - 8 p.m. to 12 a.m. - A/B -
DOB 3/5/61 - Security Paid (Application)
Cemco - Request to Remove Specimen Tree - Lot 18,
Block 86, Unit 2, SH - One Pine Tree (Staff
Recommendation dated 10/1/91, Application, Survey)
10. PRESENTATIONS - None
11. MAYOR'S MATTERS
12. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
3
91.263
91.144
91.235
91.129
91.071
91.070
91.28"~
15.
16.
COMMITTEE REPORTS/RECOMMENDATIONS
A. BOARD OF ADJUSTMENT
Appoint Alfred Vilardi to Alternate Position to
Replace Shisgal Unexpired Term to 5/94 (Staff
Recommendation dated 9/19/91, Vilardi
Application, Resume, Warrant Check)
OLD BUSINESS
Police Station - Accept Bid from Barth Construction
- Authorize Mayor and City Clerk to Sign Contract
(City Manager Recommendation dated 10/3/91, ADG,
Inc. Letter dated 10/2/91, Bid Tabulation dated
9/25/91, ADG Memo dated 9/26/91)
Golf Course Feasibility Study - Modify Current PGA
Contract - "Notice to Proceed" Basis By Task (Staff
Recommendation dated 10/3/91, Ankrom Letter dated
9/26/91)
CAVCORP Property - Approve Contract for Purchase -
Accept Option Three of Barnett Commitment (Staff
Recommendation dated 10/3/91, Contract, Addendum,
Barnett Letter dated 10/2/91)
17. NEW BUSINESS
18.
Water and Sewer Engineers - Approve Rank Order -
Direct Staff to Begin Negotiations with Hartman &
Associates (City Manager Recommendation dated
10/2/91, 4 Proposals Under Separate Cover)
Stormwater Utility Proposals - Approve Rank Order -
Direct Staff to Begin Negotiation with Bromwell &
Carrier, Inc. (Staff Recommendation dated 10/2/91,
City Engineer Memo dated 10/3/91, Proposals Under
Separate Cover)
Sebastian Yacht Club Dock Restoration and Expansion
- Approve Letter of Engagement - Riomar Engineers
and Contractors, Inc. - Not to Exceed $2,000 (City
Manager Recommendation dated 10/3/91, Riomar Letter
dated 9/26/91)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
4
19. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
City of Sebastian
POST OFFICE BOX 780127 t~ SEBASTIAN, FLORIDA 3P978
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
October 4, 1991
W. E. Conyers, Mayo~ Sebastian City Council
Robert S.
Engineering Proposals
There are two (2) recommendations on the upcoming October 9th
Regular City Council Meeting recommending the selection of
consulting engineers: Water and Sewer Utility Franchise
Acquisition and Stormwater Utility. The recommended consultant
for the Water and Sewer Franchise Acquisition project is Hartman
& Associates and the recommended consultant for the Stormwater
Utility is Bromwell & Carrier, Inc. For your informatlon, we
have attached copies of the proposals from these two firms. For
the Waker and Sewer Franchise Acquisition, there were three (3)
other firms which submitted proposals and for the Stormwater
Utility, there were ten (10) other firms which submitted
proposals. These other thirteen (13) proposals are on file in the
office of %he City Clerk and are available to you upon your
request. Should you~ wish to review these over the weekend, you
may reach me at home at 388-3148. Otherwise, wo felt it
unnecessary to deliver copies of all other proposals unless you
request them.
Attachment
/Jmt
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: Crime Information
Computer Terminal
Approved For Submittal By:
city Manager ~~'~'~
Dept. of Origin: Police Department
(ELP)
Date Submitted:
For Agenda Of:
Exhibits:
10/09/91
FDLE Contract
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Florida Department of Law Enforcement ("FDLE") has asked the
City to enter into a new agreement for the placement of a
computer terminal at the Sebastian Police Department. The
computer terminal would access data from both the Florida Crime
Information Center ("FCIC") and, the National Crime Information
Center ("NCIC"). This computer terminal is essential to the
operation of the police department.
RECOMMENDED ACTION
Move to authorize and direct the Mayor and City Clerk to sign a
Communication Terminal User's Agreement with the Florida
Department of Law Enforcement.
STATE FUHOED TERMINAL
COST SHARING TERMINAL
FLORIDA DEPARlltENT OF LAW ENFORCEMENT
FLORIDA CRIME tHFORHATION CENTER
COMMUNICATIONS TERMINAL USER'S AGREEIIENT
THIS AGREEMENT, ENTERED INTO BEll(EEN THE FLORIDA DEPARTIlENT OF LAW ENFORCEMENT (HEREINA~ER
REFERRED TO AS FOLE), AN AGENCY OF THE STATE OF FLORIOA WITH HEADQUARTERS AT 2331 PHILLIPS
ROAD, TALLAHASSEE, FLORIDA AND THE Seb~,18 ti a~ PO~i Ce llm~e~ar tm~t
, 1 2 2 2 Tl~ 1 WITH HEADQUARTERS AT
(HEREINAFTER REFERRED TO A'S '~HE USER), WITNESSETH THAT:
1)
FDLE IS AN AGENCY OF THE STATE OF FLORIDA AUTHORIZED BY LAW TO ESTABLISH AND OPERATE
THE FLORIDA CRIHE iNFORHATION CENTER (HEREINA~ER FCIC), AND TO PARTICIPATE IN SIHILAR
HULTISTATE AND FEDERAL SYSTEJIS FOR THE EXCHANGE OF INFORHATION RELATING TO CRIMES,
CRIHINALS AND CRIHINAL ACTIVITY, AND
INFORHATION OBTAINED FROH THE FCIC FILES, OR OBTAINED THROUGH COMPUTER INTERFACES TO
OTHER STATE OR FEDERAL SYSTEHS, BY HEAHS OF TERHINAL ACCESS GRANTED PURSUANT TO
SECTION 943.0525, F.S., CAN ONLY BE USED FOR CRIHINAL JUSTICE PURPOSES. THE
INFORHATION AVAILABLE IN THIS WAY THROUGH THE SERVICES OF FCIC IS RESTRICTED TO LAW
ENFORCEHENT/CRIHINAL JUSTICE AGENCIES FOR OFFICIAL USE ONLY. INFORHATION RETRIEVED
FROH THE FCIC BY DIRECT TERHiNAL ACCESS IS NOT TO BE HADE AVAILABLE UNDER PROVISIONS
OF THE PUBLIC RECORDS LAW (CHAPTER 119 F.S.). COHPLIANCE WITH CHAPTER 119, F.S., IS
ACCOHPLISHED BY DIRECTING RECORD REQUESTS TO FDLE PER CHAPTER 11C-6, F.A.C., AND
SECTION g43.053(3), F.S. IT IS THE RESPONSIBILITY OF THE AUTHORIZED AGENCY TO INSURE
THAT ACCESS TO THE FCIC/NCIC NETWORK IS FOR AUTHORIZED CRIHINAL JUSTICE PURPOSES ONLY,
AND TO REGULATE PROPER USE OF THE NETWORK AND INFOR~IATION AT ALL TIMES.
FDLE PARTICIPATES iN THE NATIONAL CRIME INFORi~ATION CENTER (HEREINAFTER NCIC) OF THE
UNITED STATES DEPARTHENT OF JUSTICE AND IN THE NATIONAL LAW ENFORCEHENT
TELECOHMUNICATIONS SYSTEH (HEREINA~ER NLETS), SERVING AS FLORIDA CONTROL AGENCY FOR
THE INTERSTATE TRANSHISSION OF CRIHINAL JUSTICE INFORHATION TO AND FROH AGENCIES iN
FLORIDA AND AGENCIES IN THE CONTINENTAL UNITED STATES, ALASICA, HAWAII, WASHINGTON,
D.C. AND PUERTO RICO, AND
4) THE USER REQUIRES TERHINAL ACCESS TO INTRASTATE AND INTERSTATE CRIHINAL JUSTICE
INFORHATION SYSTEHS IN ORDER TO EFFECTIVELY DISCHARGE ITS PUBLIC DUTIES, AND
AS THIS AGREEHENT APPLIES TO A STATE-FUNDED TERHINAL FDLE IS WILLING TO PROVIDE A
TERHiNAL CONFIGURATION TO THE USER FDR AH INDEFINITE PERIOD PROVIDED USER AGREES
TO COHPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS, RULES, POLICIES,
AND PROCEDURES, TO ASSUME CERTAIN COSTS, AND SO LONG AS FDLE RETAINS FULL CONTROL OVER
THE HANAGEHENT AND OPERATION OF THE FCIC, OR
6)
AS THIS AGREEHENT APPLIES TO A COST SHARED TERHINAL FDLE IS WILLING TO ALLOW LOCAL LAW
ENFORCEHENT/CRIHINAL JUSTICE AGENCIES WISHING TO PARTICIPATE IN THE FCIC
TELECOHMUNICATIONS SYSTEH TO DO SO THROUGH A COST-SHARING PROGRAH PROVIDED THAT THE
USER AGREES THAT APPLICABLE FEDERAL AND STATE LAWS, FDLE/FCIC RULES, REGULATIONS,
POLICIES AND PROCEDURES WILL BE FULLY ADHERED TO, AND SO LONG AS FDLE RETAINS FULL
CONTROL OVER THE HANAGEHENT AND OPERATION OF THE FCIC, AND PROVIDED THAT THE USER HAS
REQUESTED ACCESS TO FCIC, NCIC, AND NLETS BY BECOHING A PART OF THE FCIC SYSTEH, AND
HAS EXPRESSED A WILLINGNESS TO REIHBURSE FDLE FOR PROVIDING THIS ACCESS.
Page 1 of 5
II. NOW THEREFORE, IN LIGHT OF THE FOREGOING REPRESENTATIONS AND THE PROMISES, CONDITIONS AND
OTHER VALUABLE CONSIDERATIONS MORE FULLY SET OUT OR INCORPORATED HEREIN BY REFERENCE, FDLE,
BY ITS DULY AUTHORIZED OFFICIALS, AGREES:
1) TO FURNISH THE USER, A CRIMINAL JUSTICE AGENCY, WITH SUCH CRIMINAL JUSTICE INFORMATION
AS IS AVAILABLE IN ll(E FCIC FILES, AND TO SERVE AS l'flE HEJ~NS OF EXCHANGE OF
COMPUTERIZED ADMINISTRATIVE MESSAGES BETWEEN ll~E USER AND OI~IER CRIMINAL JUSTICE
AGENCIES ON Ti~E FCIC TELECOMMUNICATIONS NETWORK. IN ADDITION, FDLE AGREES TO SERVE AS
T14E STATE CONTROL TERMINAL FOR THE INTERCHANGE OF INFORKATION BEl"WEEN NCIC, NLETS AND
THE USER.
2) EITHER (A) OR (B) WILL APPLY DEPENDING UPON WHEll(ER l}lE TERMINAL IS STATE-FUNDED OR
COST-SHARED:
(A) TO ARRANGE FOR INSTALLATION OR REQUIRED TELECOMI4UNICATIONS TEPJ~INALS(S),
PRINTER AND MODEM, AND REQUIRED COMMUNICATION LINE(S) AT ll(E USER LOCATION,
UNDER PROVISIONS OF STATE FUNDING. TERMINAL OPERATION PERSONNEL COSTS,
EQUIPMENT POWER AND CONNECTION COSTS, TERMINAL PAPER AND RIBBON COSTS, AND
OTHER SIMILAR COSTS WILL BE THE RESPONSIBILITY OF THE USER. FDLE WiLL PAY THE
COST OF SHIPPING THE TERMINAL(S} TO USER, THE MONTHLY RENTALS IF ANY, ON THE
TERMINAL(S}, THE INITIAL INSTALLATION COST OF THE DATA CIRCUiT{S), AND THE
ONGOING MONTHLY COST OF THE DATA CIRCUIT(S). USER WILL BEAR ALL COSTS
A1-FRIBUTABLE TO NEGLECT OR MISUSE OF THE TERMINAL.
{B) TO PROVIDE ACCESS TO THE USER AGENCY SEEKING FIRST OR MULTIPLE TERMINAL
ACQUISITION UNDER PROVISIONS OF COST-SHARING. FDLE WILL NOT BE RESPONSIBLE IN
ANY REGARD FOR THE TERMINAL ACQUISITION, MAINTENANCE, OPERATION, REPAIR,
SUPPLIES OR TERMINAL OPERATION PERSONNEL COSTS.
3) TO SCHEDULE AND PROVIDE TRAINING OF TERMINAL OPERATORS AND OTHER PERSONNEL AT
LOCATIONS AND TIMES ARRANGED BY FDLE TRAINING STAFF. ONLY THOSE TERMINAL OPERATORS
WHO HAVE SUCCESSFULLY COMPLETED SUCH TRAINING TO THE ACKNOWLEDGED SATISFACTION OF THE
FCiC INSTRUCTOR AND WHO HAVE BEEN SO CERTIFIED SHALL BE ALLOWED TO OPERATE AN FCIC
TERMINAL OR HAVE ACCESS TO THE FCIC SYSTEM. THOSE PERSONS WHO ARE IN THEIR INITIAL
SIX MONTHS OF ASSIGNMENT TO TERMINAL OPERATOR DUTIES ARE PEPJ~II"FED SUPERVISED ACCESS
TO THE TERMINAL FOR TRAINING PURPOSES. WITHIN THIS INITIAL SiX MONTH PERIOD, T~E
OPERATOR SHOULD BE TRAINED IN-HOUSE AND BECOME CERTIFIED BY THE FDLE TRAINING STAFF.
III. NOW THEREFORE, IN LIGHT OF THE REPRESENTATIONS AND l~lE PROMISES, CONDITIONS AND OTHER
-VALUABLE CONSIDERATIONS MORE FULLY SET OUT OR INCORPORATED HEREIN BY REFERENCE, USER, BY
ITS DULY AUTHORIZED OFFICIALS, AGREES:
1) IN THE CASE OF COST-SHARING TERMINALS, TO PAY THE MONTHLY DATA CIRCUIT COST TO FDLE
THAT iS INCURRED TO PROVIDED SERVICES. DATA CIRCUIT COST WILL BE BILLED BY FDLE
QUARTERLY AND MUST BE PAID WITHIN 30 DAYS OF BILLING DATE. FAILURE OF THE USER TO
REIMBURSE THESE CDSTS TO FDLE WILL BE GROUNDS FOR TERI~INATION OF SERVICE AND OR SYSTEM
ACCESS.
2) SHOULD USER DESIRE TO RELOCATE THE TERMINAL{S), THE USER SHALL PROVIDE FDLE/FCIC 90
DAYS WRITTEN NOTICE. ALL COSTS ASSOCIATED WITH THE RELOCATION OF THE TERMINAL
EQUIPMENT AND THE DATA CIRCUIT{S) INCLUDING DELAYS IN WORK ORDER DATES WILL BE BORNE
BY USER. THE REPAIR AND COST OF ANY DAMAGES RESULTING FROH SUCH RELOCATION WILL BE
THE USER'S RESPONSIBILITY.
Page 2 of 5
3)
THE FOLLOWING USER RESPONSIBILITIES ARE ASSIGNED IN REGARD TO THE TERMINAL EQUIPMENT
PROVIDED BY FDLE:
ON TERMINAL RELOCATIONS, TO DISCONNECT TERMINAL PLUGS FROM DATA CIRCUITS,
PHYSICALLY RELOCATE THE TERMINAL EQUIPMENT TO THE NEW LOCATION, AND RECONNECT THE
TERMINAL EQUIPMENT INTO THE NEW DATA CIRCUIT.
- RECEIVE NEWLY ASSIGNED TERMINAL EQUIPMENT AND VERIFY SERIAL NUMBERS. FDLE ASSIGNED
PROPERTY NUMBERS SHALL BE REPORTED TO FDLE UPON RECEIPT OF EQUIPMENT OR UPON
REQUEST OF FDLE.
CLEAN THE TERMINAL EQUIPMENT ON A MONTHLY BASIS OR AS REQUIRED.
REPORT TO ~DLE WITHIN 5 DAYS THE SERIAL NUMBERS OF ANY TERMINAL EQUIPMENT REPLACED
BY THE VENDOR DUE TO MECHANICAL FAILURES. PROVIDE A BRIEF SYNOPSIS OF THE
EQUIPMENT REPLACEMENT.
4. TO ALLOW ONLY LAW ENFORCEMENT/CRIMINAL JUSTICE AGENCY PERSONNEL WHO HAVE BEEN PROPERLY
SCREENED TO OPERATE THE FCIC TERMINALS, OR HAVE ACCESS TO INFORMATION CONTAINED WITHIN
THE FCIC/NCIC SYSTEM OR OTHER STATE CRIMINAL JUSTICE INFOP,~LRTION SYSTEH FILES.
5. SHOULD THE TERMINAL MALFUNCTION OR BECOME INOPERABLE, FDLE/FCIC WILL BE NOTIFIED
IMMEDIATELY. ALL COSTS ATTRIBUTABLE TO USER'S NEGLECT OR MISUSE WILL BE THE USER'S
RESPONSIBILITY. FCIC WILL EXECUTE TROUBLE SHOOTING PROCEDURES AND CONTACT NECESSARY
MAINTENANCE PERSONNEL.
6. TO MAINTAIN RECORDS OR CERTIFIED TERMINAL OPERATORS AND REQUIRE EMPLOYEE ATTENDANCE AT
TRAINING CLASSES PROVIDED. USER AGREES TO REMOVE FROM TERMINAL OPERATION
RESPONSIBILITIES ANY AGENCY EMPLOYEE WHO FAILS TO ACHIEVE REQUIRED CERTIFICATION
STANDARDS.
7) TO OPERATE THE TERMINAL DURING ITS REGULAR WORKING HOURS. USER AGENCIES THAT DO )tOT
MAINTAIN A 24-HOUR, SEVEN DAY A WEEK OPERATION WILL NOT BE ALLOWED TO MAKE ENTRIES
INTO THE FCIC/NC~C WANTED FILES.
8) TO PROVIDE ASSISTANCE TO OTHER LAW ENFORCEMENT OR CRIMINAL JUSTICE AGENCIES NOT
EQUIPPED WITH AN FCIC TERMINAL IN KEEPING WITH FDLE/FCIC STANDARDS, BUT ONLY TO THE
EXTENT THAT SUCH ASSISTANCE IS NOT OTHERWISE PROHIBITED.
g) TO SEND ONLY CRIMINAL JUSTICE/LAW ENFORCEMENT MESSAGES OVER AND THROUGH THE FCIC
NETWORK. ALL MESSAGES WiLL BE TREATED AS PRIVILEGED UNLESS OTHERWISE INDICATED.
-" HOWEVER, INFORMATION CLASSIFIED UNDER PERTINENT FEDERAL LAWS AND INSTRUCTIONS WILL
NOT BE TRANSMITTED.
10)
TO OPERATE THE TERMINAL AND OTHERWISE CONDUCT ITSELF IN STRICT COMPLIANCE WITH
APPLICABLE FCIC, NCIC, AND NLETS POLICIES INCLUDING, BUT NOT LIMITED TO, POLICIES,
PRACTICES AND PROCEDURES RELATING TO:
A)
B)
CONVERSION AND ENTRY OF INFORMATION FOR CONVERSION.
VALIDATION AND CERTIFICATION.
PAGE 3 of 5
c)
D)
E)
F)
G)
DAILY ACCOUNTING FOR POSITIVE RESPONSES TO INQUIRIES.
CANCELLATION OF ENTRIES.
INTERAGENCY NOTIFICATION AND CONFIRMATION OF POSITIVE RESPONSES TO INQUIRIES.
PRUDENT USE OF STATEWIDE OR REGIONAL TRANSMISSIONS.
USE OF PLAIN TEXT IN MESSAGE TRAFFIC.
~2)
13)
14)
ALL POLICIES, PROCEDURES AND OPERATING INSTRUCTIONS PRESENTLY CONTAINED IN CURRENT
NCIC AND NLETS DOCUMENTS ANO THE FCiC OPEP~ATING MANUAL, PUBLISHED BY FDLE0 ANO HEREBY
INCORPORATED INTO AND MAOE A PART OF THIS AGREEMENT EXCEPT TO THE EXTENT THAT THEY ARE
iNCONSISTENT HEREWITH OR LEGALLY SUPERSEDED BY NIGMER AUTHORITY.
TAKE NECESSARY MEASURE TO MAKE THE TERMINAL SECURE AND PREVENT ANY UNAUTHORIZED USE.
FEDERAL REGULATION 28 CFR 20.21{F} DEMANOS THAT THE USER ASSUME AND BE AUTHORIZED TO .
EXECUTE, MONITOR, AND ENFORCE SECURITY POLICY WIll(OUT DEPARTHENTAL INTERFERENCE {I.E.,
BE OELEGATED MANAGEMENT CONTROL OVER THE TERMINAL ANO DEPARTMENTAL F. J4PLOYEES HAVING
ACCESS TO IT). FDLE/FCIC RESERVES THE RIGHT TO OBJECT TO EQUIPMENT {TERMINAL)
LOCATION, SECURITY MEASURES, QUALIFICATIONS AND NUMBER OF PERSONNEL WHO WILL BE
OPERATING THE TERMINAL, AND TO SUSPEND OR WITHHOLD SERVICE UNTIL SUCH MATTERS
ARE CORRECTED TO ITS REASONABLE SATISFACTION. FDLE/FCIC FURTHER RESERVES THE RIGHT TO
CONDUCT INSPECTIONS CONCERNING THE PROPER USE ANO SECURITY OF THE TERMINAL FACILITY.
SUCH INSPECTIONS MAY BE ACCOMPANIED BY PERSONNEL OF THE USER.
USER UNDERSTANDS THAT THE FDLE/FCIC, ITS OFFICERS, AND EMPLOyEEs SHALL NOT BE LIABLE
IN ANY CLAIM, DEI~AND, ACTION, SUIT, OR PROCEEDING, INCLUDING, BUT NOT LIHITED TO, ANY
SUIT IN LAW OR IN EQUITY FOR DAMAGES BY REASON OF, OR ARISING OUT OF, ANY FALSE ARREST
OR iMPRISONMENT FOR ANY LOSS, COST, EXPENSE OR DAMAGES RESULTING FROM OR ARISING OUT
OF THE ACTS, OMISSIONS, OR DETRIMENTAL RELIANCE OF THE PERSONNEL OF THE USER IN
ENTERING, REMOVING, OR RELYING UPON INFORMATION IN THE FCIC/NCIC?LETS INFORMATION
SYSTEMS.
WHERE APPLICABLE, THE USER UNDERSTANDS THAT BY ENTERING iNTO THE COST SHARING PROGPd~M,
THE RIGHT AND PRIORITY TO A STATE FUNDED FCIC TERMINAL iS RELINQUISHED.
THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN EXECUTED UNDER AND TO BE SUBJECT TO THE
LAWS OF THE STATE OF FLORIDA EXCEPT TO THE EXTENT THAT FEDERAL LAWS, OR REGULATIONS
HAVING THE FULL FORCE AND EFFECT OF FEDERAL LAWS, REQUIRE A CONTRARY VIEW. IF ANY
TERM OF THIS AGREEHENT IS FOUND TO BE INVALID OR IF ANY CHANGE IN THE LAWS APPLICABLE
TO EITHER PARTY REQUIRES EITHER PARTY TO CURTAIL PERFORMANCE HEREUNDER, THE OTHER
PARTY MAY DEMAND RENEGOTIATION OR TERHINATION UPON WRITTEN NOTICE TO THE OTHER PARTY
THAT THE CHANGES, CIRCUMSTANCES, OR THE EXTENT OF COMPLIANCE OR NONCOMPLIANCE, IF
KNOWN AT THE TINE OF EXECUTION OF THIS CONTRACT, WOULD HAVE FORECLOSED THAT PARTY'S
ENTRY INTO THE AGREEMENT.
TERMINATION
THIS AGREEMENT IS WITHOUT TERM, BUT MAY BE RENEWED OR RENEGOTIATED UNDER MUTUALLY AGRE~BLE
TERMS. HOWEVER, THE PARTIES AGREE THAT IT SHALL BE TERMINATED UPON THE SAME GROUNDS AND UPON THE
OCCURRENCE OR NONOCCURRENCE OF SUCH EVENTS THAT OPERATE TO SUSPEND, ANNUL, OR VOID ANY OTHER
LONG-TERM CONTRACT ENTERED iNTO BY A PUBLIC AGENCY. MOREOVER, FDLE MAY SUSPEND THE FURTHER
PAGE 4 of 5
PERFORMANCE OF SERVICES HEREUNDER WHEN IN ITS REASONABLE ESTIMATION THE USER HAS BREACHED ANY
MATERIAL TERM OF THIS AGREEHENT. FOR THE PURPOSES OF THIS PARAGRAPH AND THIS AGREEHENT, THE
VIOLATION OF ANY SPECIFIC TERM OF THIS AGREEMENT OR OF ANY SUBSTANTIVE REQUIREMENT OR LIMITATION
IMPOSED BY THE FEDERAL OR STATE STATUTES, REGULATIONS, OR RULES INCORPORATED INTO THIS AGREEHENT
SHALL BE DEEHED A BREACH OF A HATERIAL TERM OF THE AGREEHENT.
USER ACKNOWLEDGES THAT UNDER THE APPROPRIATE TERMS OF THIS AGREEMENT, THE FOLLOWING FDLE
CONDITIONS ONLY ARE J~OT APPLICABLE:
STATE FUNDED TERHINAL: 2A ~
COST SHARED TERMINAL:
RESPONSIBILITY FOR PERSONNEL
TO THE EXTENT PROVIDED BY THE LAWS OF FLORIDA AND OF THE UNITED STATES, USER AGREES TO BE
RESPONSIBLE FOR THE NEGLIGENT OR DELIBERATE ACTS OR OMISSIONS OF ITS PERSONNEL ARISING OUT OF OR
INVOLVING ANY INFORHATIOH CONTAINED IN, RECEIVED FROM, ENTERED INTO OR THROUGH FCIC/NCIC, OR
OTHERWISE IN THE EXERCISE OR ENJOYMENT OF THIS AGREEMENT.
IN WITNESS HEREOF, THE DULY AUTHORIZED OFFICIALS OF THE RESPECTIVE PARTIES SET THEIR HANDS AND
SEALS THIS ...... DAY OF 1~.
AUTHORIZED CONTRACT~'~G oFFi~AL
(AGENCY HEAD)
(AGENCY)
s/_
COMMISSIONER,
ENFORCEMENT
FLORIDA DEPARTMENT OF LAW
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
Waiver of Bidding
Procedure for (k3py
) ork i. inan
)
) ~ ~m]l~{~ 10-02-91
)
) ~ A~3~llda of 10-09-91
)
)
)
)
$14,540.00
A~E~T
~: $14,540.00
~ne Capital Improvements Fund contains $14,540 for the purchase of two Mita
oopy machines. One Mita #2254 at a cost of $3,110 for the Police
De~t, and one Mita #4585 for the Clerk's office at a cost of $11,430.
~GP, Inc. is the supplier and maintainer of all copy machines in use by all
departmen~ of the city. ~GP has the GSA price awarded per Federal Contract
and they were awarded the bid to supply all copiers and service to the
Indian River County School Board. ~EP has provided excellent service and
maintenance. Pursuant to city code section 2-64(j), "The City Council may
waive or modify the bidding procedure on specific contracts for good cause."
Move to grant a waiver of bidding procedure and authorize the purchase of a
Mita #2254 and a Mita #4585 fr~ ~, Inc. in the amount of $14,540.00
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Waiver of Bi~4~ng
~ for Fertilizer
Purchase
De~t. origin Finance
Date S~tted 10-02-91
Fo~ A~mlc]a ~f 10-09-91
~bit~: Memo frc~ GCS
1~: $11,850.00
$30,000.00
The Golf Oourse Super~ requests a waiver of the bidding procedure on
the ~ of fifteen (15) tons of 15-0-14 fertilizer containing three (3)
units I.B.D.U. and thirteen (13) pounds of technical Ronstar per ton. Par-
Ex Professional Products is the only cc~pany licensed to market I.B.D.U. in
the United States. The area distributor is Vigoro Industries, formerly
~aiser Estech, of Ft. Pierce and the cost of Fifteen (15) tons of fertilizer
is $11,850.00 delivered. Pursuant to city code section 2-64 (j), "The city
council may waive the bidding procedure as bids shall not be required for
items that are available as a matter of ccmm~rcial reasonableness from one
source only.
Move to grant a waiver of bidding p~ocedure and authorize the purchase of
fifteen (15) tons of 15-0-14 fertilizer with I.B.D.U. and Ronstar from
Vigoro Industries of Ft. Pierce in the amount of $11,850.00.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SEPTEMBER 25,1991
TO: ROBB MCCLARY CITY MANAGER
FROM: CHRIS MCCARTHY G.C. S~F~.~%
VIA: JIM DELARME G.C.P.M~
RE: WAIVER OF BID PROCESS FOR FERTILIZER PURCHASE
I would like to waive the bid process for the
purchase of 15 tons of fertilizer. This will be a
15-0-14 mix with 3 units I.B.D.U. and 13 pounds
of technical Ronstar per ton. Par Ex Professional
Products is the only company to market I.B.D.U.
in the U.S. Ronstar is a pre-emergent herbicide.
We have documented that Par Ex is a sole source
in previous fertilizer purchases. Vigoro Industries
of Ft. Pierce is the local Par Ex distributer in
this area. The total cost of this purchase will be
$11,850.00. This will be split in my budget with
$6,225.00 for fertilizer and $5,625.00 for chemicals.
If you have any questions concerning this, please
feel free to contact me.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Waiver of Bidding
Finance (LWN)
Date ~,~ha]tted ,,~0-03-91
~ l~cj{~{'~]a ~ 10-09-91
Accord~ to city code section 2-63 (b) any purchase with a cost in excess of two
thousand dollars requires city Council approval. In addition, city standard
operating procedures require a purchase order on any purchase with a cost in excess
of $100.00 or for any inventoriable item, regardless of cost. '-~erefore a waiver
of bidding procedure is required for the purchase of electricity and the telephone
service as a sole source and for the purchase of fuel on an as needed basis. There
is also a lease agreement for the monthly rental of the handicap computer at the
golf course. The limits for the open purchase orders would be the budgeted amounts
in the fiscal '92 budget previously approved by council action. Pursuant to city
code section 2-64 (j) "The city (k~ncil may waive or modify the bidding procedures
on specific contracts for good cause. Bids shall not be required for items that
are available as a matter of ~ial reasonableness from one source only, or as
otherwise authorized by Florida law."
Move a waiver of bidding procedure be granted and the City Manager be given
authority to sign open purchase orders for the purchase of electricity, telephone,
fuel and the handicap computer lease for the golf course, up to the budgetary
limits contained in the fiscal '92 b~dget as adopted by City Council on September
18, 1991.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Coastal Lagoons
Assembly
Approved For Submittal By:
) Dept. of Origin: City Manager
)
) pate Submitted: 10~O3/,91
) For A~enda Of: 10/09/91
)
) Exhibits
) - Coastal Lagoons Assembly Letter
) Dated August 26, 1991
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City has been asked to appoint a representative to the
Coastal Lagoons Assembly. The Coastal Lagoons Assembly will
consist of 100 people selected from the six (6) County area
bordering the indian River lagoon. The purpose of the assembly is
to make recommendations for the improved management of the
regions land and water resources. This matter was discussed at
the September 25, 1991 City Council Meeting but, no elected
official was available to assume this appointment. However,
former Councilman, Robert McCollum has volunteered to accept this
position if appointed.
RECOMMENDED ACTION
Move to appoint Robert McCollum to the Coastal Lagoons Assembly.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 s FAX (407) 589-5570
SUBJECT: Health Insurance
Unlimited Time Status Employees
Approved For Submittal By:
City Manager
Dept. of Origin= city Manager
Date Submitted= 10/01/91
Pot Agenda Of= 10/09/91
Exhibits= Health Insurance Rate
Analysis - 10/1/91
EXPENDITURE
REQUIRED=
AMOUNT
BUDGETED=
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
The F-92 budget provides that the City will pay health insurance
premiums for all full time employees and their eligible dependents
up to a maximum of $3,900 per year. Under the new group health
insurance plan, the city will pay $2,168 for employee coverage and
$1,732.00 for dependent coverage. The employee would pay $1,506.00
for his/her share of dependent coverage. In drafting the budget, it
was the intent of the City Council for the City to pay 100% of the
employee coverage and for the City to pay 50% of the additional
premium for dependent coverage and that the employee would pay the
other 50% for dependent coverage. Using last year's rates, we
anticipated that the City and employee would each pay $1,824 for
dependent coverage. While employees covered by Collective Bargaining
Agreements will be subject to the insurance provisions negotiated by
the City and the Unions, the City Council has the sole authority to
establish benefit levels for employees not covered by a union
contract. The City has made an offer to both Unions to "buy out"
dependent care health insurance benefits by increasing base wages by
eighty seven cents per hour ($1,800 for full time employees). This
would accomplish the City Council's goal of shifting the
responsibility for premium payments of dependent coverage completely
to the employee. In order to compensate for the loss of $1,732 in
premiums paid by the City for dependent health insurance coverage the
City would increase base wages by eight seven cents per hour ($1,800
for full time employees). The city would provide dependent care
coverage but this coverage would be paid for completely by the
employee on a payroll deduction basis.
RECOMMENDED ~CTION
Move to increase base salary for all unlimited time status employees
by eighty seven cents per hour ($1,800 per year) in lieu of the
$1,732 budgeted for dependent health insurance coverage, effective
October 1, 1991. 4/, ~"~
HEALTH INSUP, ANCE PATE ANALYSIS
PREPARED BY R. MCCLARY
OCTOBER 1, 1991
Single
Family
Health Insurance Premiums (Rates)
F-91 F-92
$2,076 $2,168
3,648 3,238
TOTAL $5,724 $5,406
Family Only Rate
Paid by City
Paid by employee
F-91 F-91 Prel.
Actual Budget
F-92 Final F-92
Budget Proposal
$3,648 $1,824 $1,732, $ -0-
-0- 1,824 1,506 3,238
TOTAL FAMILY
$3,648 $3,648 $3,238 $3,238
*The $1,732 budget for dependent health insurance would be increased
to $1,800 (87 cents/hour) and converted to base salary. The City
would continue to pay for employee coverage up to a maximum of
$3,900/year (currently $2,168). The City would continue to provide
dependent coverage but the employee would pay the entire $3,238
premium on a payroll deduction basis.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r, FAX (407) 589-5570
SUBJECT:
Resolution No. R-91-38
Advisory Boards
APPROVED FOR SUBMITTAL BY:
City Manager: ~
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits:
City
9/30/91
10/9/91
Resolution NO. R-91-38
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
City Council, at its May 1, 1991 and August 7, 1991 workshops,
directed staff to revise City board terms, appointments, officer
terms, etc. Those boards which are governed by City Code were
amended in accordance with Council directive by adoption of Ordinance
Nos. O-91-23, 0-91-24, 0-91-25 and 0-91-26 on September 25, 1991.
Proposed Resolution No. R-91-38 amends procedures for advisory boards
not otherwise governed by code and will repeal Resolution No. R-90-17.
RECOMMENDED ACTION
Motion to adopt Resolution No. R-91-38.
RESOLUTION NO. R-91-38
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS,
COMMITTEES ]tND COMMISSIONS~ ESTABLISHING UNIFORM
PROCEDURE FOR APPOINTMENT~ PROVIDING FOR LENGTH OF TERM~
ESTABLISHING A RESIDENCY REQUIREMENT~ PROVIDING FOR
ALTERNATIVE MEMBERS~ ESTABLISHING DUTIES OF THE CiTY
CLERK~ PROVIDING FOR UNIFORM APPLICATION~ REQUIRING AN
ACTIVE WARRANT CHECK BY THE POLICE DEPARTMENT~ PROVIDING
FOR RESIGNATION AND REAPPOINTMENT~ ESTABLISHING A
PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF ~
VACANCY~ PROVIDING FOR SOLICITATION OF APPLICANTS BY THE
CITY CLERK~ ESTABLISHING APPLICANT INTERVIEW PROCEDURES~
REQUIRING THE CiTY CLERK TO PROVIDE APPOINTEES WITH
ETHICAL AND FINANCIAL DISCLOSURE INFORMATION~ PROVIDING
GROUNDS FOR REMOVAL~ PROVIDING FOR REPE~L OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING
FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Home Rule Charter of the City of Sebastian and
the Code of ordinances enacted pursuant to its authority allow
the creation of appointive boards to assist and advise the City
Council in the performance of its duties; and
WHEREAS, the City Council desires to establish a uniform
procedure for appointment to such advisory boards;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. TERM. Except as specifically provided in the
Code of Ordinance or the Land Development Code of the City of
Sebastian pertaining to the Sebastian Code Enforcement Board, the
Sebastian Construction Board, the Sebastian Planning and Zoning
Commission and the Sebastian Board of Adjustment, the members of
all appointive boards, commissions, and committees shall be
appointed to a three (3) year term unless otherwise provided by
ordinance or Florida Statute. In addition, except as
specifically provided in the Code of Ordinances or the Land
Development Code of the City of Sebastian pertaining to the
Sebastian Code Enforcement Board, the Sebastian Construction
Board, the Sebastian Planning and Zoning Commission and the
Sebastian Board of Adjustment, terms for regular members of all
appointive boards, commissions and committees shall be staggered
so that no more than three (3) members shall be appointed in any
given calendar year.
Seotion Z. R~SiDENC¥. The majority of the members of each
appointive board, commission or committee shall be residents of
the City of Sebastian unless applicable Florida statute or City
ordinance requires that all members of such board, commission or
committee reside within the corporate limits of the City. The
remaining members of all appointive boards, commissions, and
committees shall reside in Indian River County.
Section ~. ALTERNATIVE MEMBERS. All appointive boards,
commissions, and committees, except the Sebastian Code
Enforcement Board, shall have at least one (1) alternate member
with a maximum of two (2) alternative members.
Section 4. DUTIES OF THE CITY CLERK.
a. The City Clerk shall keep and maintain a list of the
names, addresses, and telephone numbers of all members of
appointive boards, commissions, and committees; their date of
appointment, reappointment, and term expiration.
b. The board secretary will timely notify the City Clerk
and the City Clerk shall timely inform the city Council and City
-- 2 --
Manager of any changes made to the composition of any appointive
board, commission or committee.
c. The City Clerk shall provide each new appointee with a
copy of the publication entitled Florida Commission on Ethics
Guide ~or Politica~.Qfficers and ~mDlovees, the City Board
Handbook and related financial disclosure forms.
d. Two months prior to the expiration of the term of any
member of an appointive board, commission or committee, or in the
event of any vacancy on any such appointive board, commission or
committee, the secretary or clerk to any such appointive board,
commission or committee shall provide the City Clerk with a copy
of all pending applications for membership on such board,
commission or committee, and the City Clerk shall then provide
the chairperson, the city Manager and the City Council with a
copy of all pending applications for membership on such board,
commission or committee, even if the incumbent member intends to
seek reappointment.
Section 5. APPLICATION.
a. The city Council shall approve a uniform application
which shall be completed by each individual seeking appointment
to a board, commission or committee.
b. Each applicant shall file a complete application with
the City Clerk which is signed and dated by the applicant. Each
applicant shall attest to the truthfulness of the information on
the application.
- 3 -
Section 6. INVESTIGATION.
a. Each applicant shall, at the time of submitting his
application, authorize an active warrant check by the Chief of
Police.
b. The City Clerk shall forward a copy of the application
to the Chief of Police. The original application shall be filed
by the City Clerk in the public records of her office.
c. The Chief of Police shall determine if the applicant is
presently the subject of an active warrant. Upon completion of
this inquiry, the Chief of Police shall forward a copy of all
documentation to the City Clerk. The Clerk shall then promptly
forward a copy of this documentation to the chairperson of the
respective board, commission or committee to which the applicant
is seeking appointment.
Section 7. RESIGNATION. Any member of an appointive board,
commission or committee who does not intend to seek reappointment
shall notify the chairperson of such board, commission or
committee at least two (2) months in advance of the expiration
date of his or her term of office.
Section 8. VACANCIES AND REAPPOINTMENTS.
a. Each member of an appointive board, commission or
committee who seeks reappointment shall notify, in writing, the
respective chairperson of the board, commission or committee, of
the intention of such member to seek reappointment at least two
(2) months in advance of the term expiration date.
- 4 -
b. The chairperson shall present the reappointment of a
member to the other members who shall vote to make a
recommendation to the city Council.
c. In no event shall any individual who has served as a
regular member of the appointive, board, commission or committee
for the greater of two (2) consecutive terms or six (6) years be
reappointed to serve another consecutive term as a regular member
of such appointive board, commission or committee unless no other
individual, who has otherwise legally qualified to serve as a
regular member of such appointive board, commission or committee
has filed an application with the city Clerk, which is then still
pending, seeking appointment to serve as a regular member of such
appointive board, commission or committee. This provision shall
not preclude such regular member from seeking appointment as a
regular member to another appointive board, commission or
committee.
d. In the event that the City Council fails to reappoint a
member for any reason prior to the expiration of the member's
term, the member shall continue to serve until reappointment is
ratified or a new appointment is confirmed.
e. Whenever a current or former member of an appointive
board, commission or committee is being considered for
appointment or reappointment to an appointive board, commission
or committee, the City Council shall consider the number and
nature of the memoranda of conflict previously filed by such
individual pursuant to Section 112.3143 of Florida Statutes.
-- 5
Section 9. UNEXPIRED TERM. In the event that a vacancy
occurs prior to the expiration of the term, the chairperson of
the respective board, commission or committee shall place the
filling of such term on the agenda of the next regular meeting or
call a special meeting for the sole purpose of considering the
filling of such vacancy. The board, commission or committee may
recommend the filling of the unexpired term by appointment of an
alternate member. The City Council shall review the
recommendations of the board, commission or committee prior to
exercising its discretion in filling the unexpired term.
Sectionlo. SOLICITATION FOR APPLICANTS.
a. The City Clerk shall, by press release in a newspaper
of general circulation in the City of Sebastian, notice open
positions at the request of board secretaries.
Section 11. INTERVIEW. The respective board, commission
committee or city Council may interview an applicant at a public
meeting. Each member of a board, commission, committee, or City
Council shall vote for their choice for the appointment at a
public meeting designated for such purpose.
Section 12. REMOVAL.
a. Prior to suspending or removing a member of an
appointive board, commission or committee, the City Council shall
specify sufficient facts to advise the affected member as to the
basis for his or her suspension or removal, provide reasonable
notice, and an opportunity to be heard prior to any action being
taken.
- 6 -
b. The City Council may suspend or remove from office any
member of an appointive board, commission or committee, for
malfeasance, misfeasance, neglect of duty, habitual drunkenness,
incompetence, or permanent inability to perform his or her
official duties.
c. The city Council may suspend or remove from office any
member of an appointive board, commission or committee, for the
falsification or omission of information requested on the
application form; the failure to attend three (3) consecutive
regular meetings of the respective board, commission or
committee, without being excused by the chairperson; being
adjudicated as incapacitated or incompetent by a court of law;
establishing permanent residency in contravention to the
conditions for appointment; or failing to file a financial
disclosure as required by Chapter 112, Florida Statutes.
d. The City Council may suspend from office any member of
an appointive board, commission or committee, who is arrested for
a felony or for a misdemeanor related to the duties of the office
or who is indicated or informed against for the commission of any
federal felony or misdemeanor or state felony or misdemeanor.
e. The City Council may remove from office any member of
an appointive board, commission or committee, who is convicted of
a Federal felony or misdemeanor or state felony or misdemeanor.
For purposes of this subsection, any person who pleads guilty or
nolo contendere or who is found guilty shall be deemed to have
- 7 -
been convicted, notwithstanding a suspension of sentence or a
withholding of adjudication.
f. The City Council may, in its discretion, reinstate any
member of an appointive board, commission or committee, at any
time prior to his or her removal.
g. The suspension of a member of an appointive board,
commission or committee, by the City Council creates a temporary
vacancy in such office during the suspension. Any temporary
vacancy in office created by the suspension of a member of an
appointive board, commission or committee under the provisions of
this section, shall be filled by a temporary appointment to such
office for the period of the suspension, not to exceed beyond the
term of the suspended municipal board member. Such temporary
appointment shall be made in the same manner and by the same
authority as provided by this Resolution for the filling of a
permanent vacancy in such office.
h. No member of an appointive board, commission or
committee, who has been suspended from office under this section
may perform any official act, duty, or function during his or her
suspension; receive any pay or allowance during his or her
suspension; or be entitled to any of the emoluments or privileges
of his or her office during his or her suspension.
i. If a member of an appointive board, commission or
committee is acquitted or found not guilty or is otherwise
cleared of the charges which were the basis of the arrest,
indictment, or information by reason of which he or she was
-- 8 --
suspended under the provisions of this section, the city Council
shall forthwith revoke the suspension and restore such member to
office.
Section ,%,9- SELECTION OF CNAIRPERSONS AND VICE
CHAIRPERSONS. Whenever possible, the individual selected as the
chairperson and vice chairperson of an appointive board,
commission or committee, shall have served two (2) years as a
regular member of such appointive board, commission or committee,
and shall have attended at least ninety percent (90%) of the
meetings of such appointive board, commission or committee, which
such member was not otherwise excused from attending by the
individual serving as the chairperson of such appointive board,
commission or committee at such meeting or meetings.
Section ~. CONFLICT. Resolution No. R-90-17 and all other
resolutions in conflict herewith are hereby repealed. In the
event of any conflict between the provisions of this Resolution
and any provisions contained in FLorida Statutes or in the Code
of Ordinances or Land Development Code of the City of Sebastian,
the provisions of the applicable Florida Statutes, Code of
Ordinances or Land Development Code of the City of Sebastian
shall control and preempt the application of the conflicting
provisions contained in this Resolution.
Section 15. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
- 9 -
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the city Council would have enacted the
remainder of this Resolution without such invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section, 16. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
. The motion was seconded by
and, upon being put into a vote,
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST: By:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
W.E. Conyers, Mayor
Charles Ian Nash, City Attorney
- 10 -
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FROM CEMCO
Approved For Submittal By:
City Manager ~~
Agenda Number:
Dept. Origin: Community Development
(BC)~
Date Submitted: 10/1/91
For Agenda Of:
10/9/91
Exhibits:
Application for tree removal
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of May 22,
1991, the City of .Sebastian Building Department requires a tree removal
permit to be obtained prior to clearing of any lots. The applicant,
CEMCO, is requesting to construct a single family residence on Lot 18,
Block 86, Sebastian Highlands Unit 2. The construction will necessitate
the removal of one (1) pine tree over 20 inches in diameter due to the
proposed building location and improvements.
RECOMMENDED ACTION
Move to approve the removal of one pine tree over 20 inches in diameter
located on Lot 18, Block 86, Sebastian Highlands Unit 2.
STREET ADDRESS:
SUBDIVISION:
CONTRACTOR:
ADDRESS:
CITY OF SEBASTIAN / APPLICATION' FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
PHONE: ~-~
S UB'CONTRACTOR · ' ~-- / ....
PHONE:
OWNER OF PRqPER'I'Y:
aDDRESS: ziP.
I certify that. ali. the foregoing information is accurate and
that all work will be done in compliance with the Land
Development Code ( Article XIV )
APPLICATION MUST INCLUDE:
1. On a survey, locate all specimen trees (20 inch
diameter or more). Indicate which trees to be
removed and/or relocated. Indicate the species of
each tree. All specimen trees (20 inch diameter or
· , more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A survey
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
~ce Use Only
SITE I. NSPECTION' BY-" ./y/~..~-e..~ DATE: ~/'/},D/~'/
APPROVED FOR PERMIT: ~M{ NO
· ,. --
MUST OBTAIN CITY COUNCIL APPROVAL{ YES{ ~ ~ .NO{
IF YES, DATE OF CITY COUNCIL APPROVAL:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
APPOINTMENT OF ALFRED VILARDI
TO THE ALTERNATE POSITION OF
BOARD OF ADJUSTMENT
Approved For Submittal By,
City Manager
) Agenda Number:
)
) Dept. Origin: Community Development
) Date Submitted: 9/19/91
)
) For Agenda Of: 10/9/91
)
) Exhibits: Alfred Vilardi's
) application
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Due to the vacancy of a full time member, Joseph Stephenson, and the
contemplation of Alan Shisgal being appointed from the alternate position
to full time member, the Board of Adjustment is recommending to City
Council that Alfred Vilardi be appointed as an alternate member to the
Board of Adjustment. The Board noted that this was the only applicant to
apply for this board position.
RECOMMENDED ACTION
Move to approve Alfred Vilardi to the Board of Adjustment as an alternate
member.
CITY OF SEBASTIAN
APPLICATION TO SERVE ON CITY BOARD
1. NAME: Alfred Vilardi
3. HOME TELEPHONE:
4. BUSINESS:
HOME ADDRESS: 445 Georgia Blvd., Sebastian, Florida
388-1716
Retired
6.
7.
8.
9.
BUSINESS ADDRESS:
BUSINESS TELEPHONE:
SOCIAL SECURITY NUMBER:
DRIVERS LICENSE NUMBER:
RESUME OF EDUCATION AND EXPERIENCE:
See attached
(use additional sheets if necessary or submit resume if available)
10. Voter registration no.
11. Are you a resident of the City? Yes X No
12. Length of Residency
August 1989 to present
13.
14.
15.
DO you hold a public office? Yes NO X
DO yOU serve on a City Board at present? Nes No X
PLEASE CHECK THE BOARDS YOU ARE INTERESTED IN SERVING ON:
*BOARD OF ADJUSTMENT
CEMETERY COMMITTEE
*CODE ENFORCEMENT BOARD
*.CONSTRUCTION BOARD
PARKS AND RECREATION
*PLANNING AND ZONING X
HANDICAPPED COMMITTEE
16. What qualifications do you have to serve on this board?
See attached
- 0 V E R -
17. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes No
18. Would you consider serving on another Board other then the
one(s) you selected above? Yes ~... No
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
City of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the City of SEBASTIAN may
suspend or remove from office any municipal board m~mber for
malfeasance, misfeasance, neglected duty, habitual 'drunkenness,
incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
Applica.~ Signature
19~/.
Notary PU~yic/, State of Florida
My Commission Expires:
Notary Publi~ ~ate of Florida
My Commission Expires Juno 1~, 1994
8onded Thru Troy Foin
\ws-form\board.app
2
SEBASTIAN
POLICE
DEPARTMENT
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
IIIII III IIIIII I Jill
M~-MO
March 11, 1991
Lt. David J. Puscher
Detective Gre~ry Witt p~'
City Board Applicant - Alfred Vilardi
Local warrants on Alfred Vilardi are negative.
GW/jh
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
M E M 0
TO:
FROM:
SUBJECT:
DATE:
Earle Petty, Chief of Police
Kathryn M. O'Halloran, City Cler~~
Investigation - Alfred Vilardi
Board Application
March 1, 1991
Attached please find board application of Alfred Vilardi for
investigation, in accordance with Resolution No. R-89-13, to
serve on the Planning and Zoning Committee.
elm
Enclosure
ALFRED VILARDI
445 Georgia Blvd.
Sebastian, Florida 32958
Telephone: (407) 388-1716
RESUME OF WORKING EXPERIENCE
Retired 1987 to present
November 1983 to 1987
Formed my own company - Manufacturers Representative and
Consulting in the Solid Waste Industry.
January 1983 to November 1983
Director of Facility Operations for M.M.B. Energy Glen Cove
Corp. (M.M.B. is a joint venture of Montenay-Morse-Boulger.)
As Director of Facility Operations this involved start up of
a 250 t.p.d. Co-generation Incinerator and the supervisionof
existing 8,000,000 g.p.d. Waste Water Treatment Plant. Working
with engineers and contractors - equipment and Plant modifications
February 1952 to January 1983 (Aug. 19, '83 official retirement date)
Town of Hempstead Department of Sanitation
1600 Merrick Road
Merrick, NY 11566
1976 to-August 1983 - Deputy Commissioner
Supervisor of Operations - Merrick Incinerator facilities (600
ton per day power generating) and Landfill operations - Total
work force 110 - 35
Oceanside Incinerator ficilities (750 ton per day power gen-
erating) and Landfill operations - Total work force 120 -90
Collection of Solid Waste.,- Servicing ?50,000 people
Maintenance of Collection Vehicles and related equipment - Total
wor!f force 300 - ?50
Approve purchase of equipment
Worked with Consulting Engineers & Contractors--Plant additions
and/or upgrading of Facilities
1974 - 1976 - Superintendent of Sanitation
Supervised the Merrick and Oceanside facilities
1971 - 1974 - Supervisor of Incineration and Disposal II
Assistant to Superintendent of Sanitation
1964 - 1971 Supervisor of Incineration and Disposal I
Supervise the Maintenance and Operations of the Merrick
Complex
Four 150 ton per day Morse Boulger Furnaces
Two Erie City 250 lb. Waste Heat Boilers
Two Worthington Steam Turbines and Generators
Authorized: Purchases, Work Schedules, Vacation
Schedules and held Disciplinary Hearings
1958 - 1964 - Senior Stationary Engineer
In charge of operating crew (14 men), operated high pressure
boilers and steam turbine generator units. Merrick has
1-1200 kw unit, 1-1500 kw unit; (1 aux. jet eng., 750 kw -
1 aux. caterpillar, 350 kw units) Worked with Boiler
Inspectors
1953 - 1958 - Stationary Engineer
Worked under Senior Engineer's direction
1952 (May) - 1953 - Maintenance Mechanic
Worked with Operating crew - Maintain equipment and made
repairs where required - Inspect furnaces - Boilers and other
related equipment
1952 (February) - 1952 (May) - Incinerator Operator
Maintained fires
EDUCATION:
High School
Hemphill Diesel School - Full Course, 1,020 hours
Incinerator Technology Course, Hofstra University
Nassau Community College Business Courses
REFERENCES:
Available upon request
16. What qualifications do you have to serve on this board?
My past work experience with a municipality plus dealing with
other town governments as well as Federal, State and County
agencies will brin§ an added dimension to the Planning and
Zoning Board. I have had to deal with the public as well as many
organized civic associations when they were both for or against
current policies during a growth time in the township. This
background allows for understanding the requirement of good
planning particularly with today's environmental needs and with
the expected population growth of the City of Sebastian.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
BUBJECT~ Police Station
Approved For Submittal By=
city Manager
Dept. of Origin= City Manager
Date Submitted: 10/03/91
For Agenda Of: 10/09/91
Exhibits=
- Architects Design Group, Inc.,
Letter Dated, 10/02/91
- Bid Tabulation Dated, 9/25/91
- Architects Design Group Memo
Dated, 9/26/91
EXPENDITURE
REQUIRED:
Construction: $715,000
Landscaping: 30,000
AMOUNT
BUDGETED:
Construction: $750,000
Landscaping: 30,000
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On September 25, 1991, the City received sealed bids from
prequalified bidders for the construction of a new police
station. Bids were received from two (2) bidders, Barth
Construction Company of Veto Beach and Mark Construction Company
of Longwood. The project was bid with two (2) "deduct" alternates
for emergency generator and the rear parking lot, respectfully,
and one (1) "add" alternate for landscaping. The low bidder,
Barth Construction, bid $715,500, base bid, $18,000 for "deduct"
alternate #1, $10,150 for "deduct" alternate #2, and $30,000 for
"add" alternate #3. These bids are all within the F-92 Capital
Projects Fund budget.
Architects Design Group, Inc., the project architect, has
evaluated the bids and has compiled a reference report. The
architect is recommending the bid award to the apparent iow
bidder, Barth Construction, that the parking lot stay in the
contract by rejecting alternate #2 and that the landscaping be
completed by acceptance of alternate #3. Further, the architect
is recommending to accept alternate #1 to delete the 40 KW
generator as specified but, in its place, to purchase a used 125
KW generator with a transfer switch. The architect estimates
that the cost for the generator, transfer switch, transportation
and installation would be some $10,000 ($8,000 lower than a new
40 KW generator). Staff is recommending acceptance of the
architect's recommendations. ~l/~
The bids do not include several items which will be charged to
the construction account. We have asked the architect to prepare
a drawing and we will ask the contractor to provide a price for a
red tile mansard roof structure for the front building elevation.
Also, we will have to purchase and install a new telephone system
for the building. We should also expect other change orders as
the building progresses.
RECOMMENDED ACTION
Move to accept the bid of Barth Construction Company of Vero Beach for
the construction of a new police station as follows:
1. Accept base bid of $715,500.
2. Accept "deduct" alternate #1, to eliminate
the new 40 KW emergency generator and transfer
switch and to direct staff to negotiate a
change order for a used 125 KW generator and
transfer switch.
3. Reject "deduct" alternated #2, to eliminate a
parking lot.
4. Approve "add" alternate #3, for the
landscaping, in the amount of $30,000.
5. That the Mayor and City Clerk are hereby
authorized and directed to sign contract
documents for this bid award.
Architects Design Group, Inc,
P.O. Box 1210 333 Nodh KnowlesAvenue
Winter Park, Florida 32790 407.647-1706
Memorandum
[
project:
to: File
I ]1 IR II I I J JILl
Sebastian Police Department
I IIII IIIIII II
no,: 481-90
from: Jay Cooper ~
I!
date:
September 26, 1991
DPR 800-851-1204
FCILB 904-359-6310
Vero Book Center
$295,000
Indian River Medical
$45,000
Citrus Bank Building
various from $50,000
to $2,500,000
Commercial Projects
Listed#:
Residential Projects
Listed#:
Active and current. No complaints.
Active. No founded complaints.
CE Block 407-569-3799 Nick Rosiland
Project has a tight schedule and they
are on it. Good workmanship. Fair
change orders. Good cooperation of
subs.
R.A. Reid 407-231-4314 Bob Reid
Timely job. Good craftsmanship. Good
control of subs. Fair change orders.
Nice to work with. Well experienced.
Would work with again.
Schlitt & Brenner 407-562-1716 John Schlitt
On schedule on a variety of projects. Admin-
istration is tops. Uses same major subs,
changes minor subs. Good sub control. Not
exceptional, but good quality. 90%
substitutions prior to bid; uses 90% spec'd
manufacturers.
22 in 4 years, total value - $6,456,088*,
average value $293,458.
24 in 3 years, total value - $7,650,126,
average value $318,755
includes 5 current projects (2 comm/3 resid) with an average
value of $455,017.
* one project each at $2,500,000, $750,000 and $500,000; all
others below $375,000 for an average value of $142,425.
Distribution: Keith Reeves
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: Golf Course
Feasibility Study
Approved For Submittal By:
City Manager
Dept. of Origin: Golf Course
Date Submitted: 10/03/9..~
For Agenda Of: ~0/09/91
Exhibits: Ankrom letter dated 9/26/91
REQUIRED
EXPENDITURE:
BUDGETED
AMOUNT:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its Regular Workshop Meeting of October 2, 1991, the City
Council reviewed a proposal by the Professional Golfers'
Association ("PGA"). The "PGA" proposal is for a market analysis
and financial feasibility study for a expansion of the Sebastian
Municipal Golf Course. The study would be divided into four (4)
tasks. The consensus of the City of Council is that the project
be completed in tasks and that the "PGA" would not begin task two
(2) until the City Council had reviewed and accepted task one
(1), which is the Preliminary Planning Review and Market
Assessment. The "PGA" proposal does not include construction and
development estimates. Staff recommend these estimates be
prepared by Carles F. Ankrom, Inc., who designed the City's
existing course. Mr. Ankrom's proposal is for a fee of $700.
RECOMMENDED ACTION
Move to approve the engagement letter with the Professional
Golfers' Association ("PGA"), dated September 13, 1991 subject to
a "Notice to Proceed" by the City for each task; and move to
approve the engagement of Charles F. Ankrom, Inc. per the terms
of his letter dated September 26, 1991.
CHARLES F. ANKROM NC.
DATE: SEPTEMBER 26, ~1991
TO: CITY OF SEBASTIAN
ATTN: JAMES F. DELARME
PROFESSIONAL/MANAGER
SEBASTIAN MUNICIPAL GOLF COURSE
101 E. AIRPORT DRIVE
SEBASTIAN, FLORIDA 32958
FROM: CHARLES F. ANKROM
GOLF COURSE ARCHITECT
SUBJECT: Proposal to document typical estimated construction cost
for expansion of the Sebastian 18 hole golf course.
Evaluate the typical or estimated construction cost for the
installation of a new 18 hole or 9 hole golf course on
properties abutting the existing golf course.
e
Cost estimates shall be provided for:
A) An 18 hole golf course on +150 acres to the southwest of
the golf course (left of existing hole No. 1).
B) A 9 hole golf course on a portion of the 150 acres to the
southwest of the golf course (left of existing hole No.
1).
C) A 9 hole golf course on available airport property to the
northwest of hole No, 14, and ,13 green.
Since the Architect has only portions of aerial maps as
reference, and there is not a concept golf course "Master
Plan" or proposed "Route Plan" at this time, the Architect
shall consult the City on typical cost estimates using a
variety of assumptions and typical industry construction
cost,, and using as reference the Architects past experience
in the design and construction of both public and private
golf course, and the past personal experience and familiarity
with the existing Sebastian,Municipal golf course.
This proposal shall consist of a "brief report" on typical
estimated cost assumptions of paragraph 2, and shall include
a listing of each typical Construction category.
['.O. BOX 898 STUART, FL. 34995-0898 · (407) 283-1440 · MEMBER:
The fees for this consulting service shall be $600.00, plus
$100.00 to cover estimated cost and expenses of L.D. calls
(up to 5), reproduction zerox of two aerial maps, zerox and
postage, and secretarial services for report typing and
preparation. The fees of this proposal exclude any separate
trips to the site or city,, but includes any telephone calls
necessary for exPlanation. The total fees.with expenses will
be $700.00.
The City of sebastian shall be ~esponsible for the .future
updating of typical, construction cost estimates from both
Architects and Engineers during or after the'production of a
golf course Master Plan, and when more accurate aerial and
topographic maps are made avaiiable .......
The Architect' shall be available for future consulation or
design services at per diem ,rates, plUs expenses, or by a
separate negotiated agreement.
President
City of Sebastian
POST OFFIC5 BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
S~I~-~C~: Purcb~ of CAVCORP
)
) De~t. Origin Finance (MLq)
)
) Date S~3~i~ 10-03-91
)
) F¢~ ~ of 10-09-91
)
) financing commitment for
) purchase of CAVOORP
)
$742,500.00 plus
$750,000.00
Council has ap~ the purchase of the 2.2 acre tract adjacent to
Riverview Park, locally known as the CAVCORP property. Tne essence of terms
of the agreement are: price $742,500, the property is to be certified as
environmentally clean as to ground and grater, and if any contamination
exists, sellers, at sellers expense, will provide for a clean-up of the
property, and other miscellaneous provisions. Financing would be a loan
frc~ Barnett Bank which is a seven (7) year fixed term, 6.52% fixed interest
rate with a monthly amortization of $11,084 (133,000/year) to include
principal and in~.=st, and approve a first lien on $.01 optional sales tax
collected and dispersed by the State of Florida in the form of Revenue
Sharing to secure repayment of the note. A copy of the contract, the
addendum, and letter of financing commi~t are attached.
Approve the contract for purchase with Cay Trust and accept option three (3)
of Barnett' s c~,~dtment.
ADDENDUM TO CONTRACT FOR SALE ~ND PURCHASE
BETWEEN A, BARKETT, TRUSTEE and R.L. BRACKETT, TRUSTEE
AS SELLER, ]%ND CITY OF SEBASTIZtN, AS BUYER
The parties agree that the following provisions shall be
in addition to those in the attached Contract for Sale and Purchase
and where inconsistent therewith the terms of this Addendum shall
control:
1. Buyer's obligations hereunder shall be contingent
upon final approval of this Contract by City Council, which
approval shall be procured on or before November 15, 1991.
2. Seller will provide to Buyer at least thirty (30)
days prior to Closing a boundary survey of the Property prepared
by a licensed surveyor and dated within the preceding ninety (90)
days. The survey shall be certified to Buyer and to the title
company issuing the owner's title insurance policy.
Seller shall bear all expenses in connection therewith.
3. Seller shall also provide Buyer at least thirty (30)
days prior to Closing with a Phase III Environmental Study
concerning the Property indicating the Property is free of all
environmental contamination or hazardous waste of any kind
whatsoever. In the event that the study indicates the presence of
hazardous waste or such contaminants, Seller agrees to bear all
expenses in cleaning up the Property which shall be commenced
immediately and shall proceed diligently to completion as certified
by the engineer discovering the toxic waste. Closing shall occur
within thirty (30) days after clean-up is completed and certified
by the engineer to be free of all hazardous waste and other
contaminants. All costs shall be borne by seller.
4. In the event Closing occurs in accordance herewith,
taxes shall be prorated as of September 26, 1991.
5. Seller agrees to indemnify and hold Buyer harmless
from any and all real estate commissions in any way related to this
transaction.
6. Seller warrants and represents as follows:
(a) There are no known toxic materials located on or
under the Property nor does Seller have any knowledge that any ~uch
toxic materials have been located on or under the Property in the
past.
(b) There are no leases or rental agreements encumbering
any portion of the Property or any other' agreements, oral or
written, relating to the Property.
(c) Seller is not a party to any litigation and knows
of no threatened or impending litigation which would affect the
Property. Seller agrees to give Buyer prompt notice of Seller's
receipt of any information concerning litigation affecting the
Property and Buyer shall have the right to cancel and rescind this
Contract in such case.
(d) Seller knows of no latent defects or defects not
readily apparent on any portion of the Property which would
restrict the use of the Property for Buyer's intended purposes.
(e) Seller will not enter into any agreements which will
affect the Property beyond the date of Closing. The Property will
remain in its current condition through the date of Closing.
(f) Seller is indefeasibly seized of marketable, fee
simple title to the Property and has the good right, title and
authority to convey and transfer such title to Buyer free and clear
of all liens and encumbrances and further that Seller has full
power and authority to enter into and perform each and every term
and covenant of this Contract on the Seller's part to be performed.
(g) The Property in all respects is and shall be as of
the date of Closing in full compliance with all laws, ordinances,
rules and regulations.
It is a condition precedent to Closing that all of the
representations and warranties contained in this Contract shall
continue to be true as of Closing and said representations and
warranties shall be deemed to be restated and affirmed by Seller
as of the Closing Date and shall survive the Closing. Buyer shall
have no duty to investigate or inquire regarding the accuracy or
veracity of any representations or warranties of Seller and it
shall be deemed reasonable for Buyer to fully rely upon same.
7. Closing shall occur on November 25, 1991 unless
extended by other provisions of this Contract.
DATED this
__ day of September, 1991.
"SELLER"
Date:
Date:
A. BARKETT, Trustee
R.L. BRACKETT, Trustee
"BUYER"
CITY OF SEBASTIAN
Date: By:
Barnett Bank of The Treasure Coaat
13555 US Highway 1
Sebastian, Florida 32958
Robert .~i;. HcClary
City Hanager
C~.ty oi Sebaztian
1225 Main Street
Sebastian, FL 32958
^HI):III)EI.~ /iNl.~ RE$'rttTEI.~
[)ear Mr, McClary:
Due to the recent reduction in Barnett Bank, Inc.'s prime
lending rate, we have amended our original Commitment Letter
dated August 22, 1991, to the following rates, terms amd
conditions.
The u~dersJ, gl]ed r. epr'esent~,tiv(~ c,i }{arnet. t. Bank of- The
Treasure Coast ('the "Bank" ) i.s p].~ased to i.n~orm you o.~ the
approval o[ your request i. of the purcha~e bY the BanR
S751),000 ot;. notes (the "Not;es") to be issued by the City
~;ebastian (the ]ssuer) . The proceecls will be used to ~j
the j)ur(3ha~e by the I~sLleI' O[ vacaj]1: prop~rty , 'the loan
.I._.n.~::.e__r.e_~_t~. R..a__t_.~. - The City wi.L] ,~lect:. prior to clo.e, ing
A f'loat:[i]c! rate ¢,£ 68.7% of. Bar. r, et.t BanK, lnc''~.,
prime ratty, float.:inq, ad,)u~tJ, ng date o~ chan~e,
for a five year term (e.g. 5.49~,% today;
payment S12,50U przncipal monthly plus i~%terest) ,
A fi×ed r-ate oil 6,42% .~or a 1-.~v~_~ ye. ar term
(payment .~.].4,568 p¢irlcipal and Zntere~t monthly).
3. A f:Lxed rate oli 6,52% for a seven 5, ear' term
(payment. $Li,084 principal and 3. ntere:.~t monthly
A f.:txed rate c,~ 6.52% for the, first five year-s~,
then, the option of
ou
The tax ~r¢?e equivalent of the then c~uzrent.
prJ_m.~_ rat. e, ad.)ustinq date of. change,
the .~;¢Orl(J five; y~ar per.~c,d
(b)
'.['he tax f_ree equivalent, of. the 'then cu~.rer, t
PrLm~. rate pLu~ i ]./2%, f.:Lxed, ~or tt]e
~ecor~d f. ive year pe~ iod.
II' the maximum ~orporate l:.edera]. ~ncome tax rate is
from ~t~ pre~ent rate, the r~te on the Note ~h~11 be ~d3usted
~o ~ to preserve to the holder its tax a~qu~valen~ y~el(I
the ~ote in ao~ord~noe w'L'l:.b ~ormul~ p.rov].ded by the
I~, a~ the result o~ ~h~nge~ in ]~ or ~-egu].~tion~,
on the Note should become partially taxable, or sub3ect to a
preference or mJ.~l~mt~m ta~, or greater llm3. tstions a~e
on deductabilJ, ty oI~ inteFe.~t on oDll~at~ons of the holder
at. tribu'tab]e to ourchaminc; or carrying the Note, or the Note
:Ls determined not to be a qualified tax exempt oDligat~on
defined Xn the internal Revenue Code, or the effective a~'r. er-
tax yield to the holder is otherwise reduced, the interest
r'ate on the Note shall be incrgased to ~he extent
'to preserve the holder's after tax yield, all pursuant to
formulas acceptable to the Bank.
p.y_e.!!t .o._~_. Ta_x_...a_.k.'~_l;~zt__.¥- -- In the event that interest on the Note
shall be determined by the Internal Revenue Service t.o De
included in the 91'oss income of the )/older, the note shall
bear intel'est, at the Bank's prime lend3n!! rate, ad3usti, r,g on
the date of change. In addition, the holder shall be
entitled ~-o reimbursement of any interest and penaltie~
i. mI)os~d because of. the holder's f:ailure to include such
interest :i.n lt.s taxable .'kllOOllle (together with taxes imposed
upon receipt of such reimbursement, if any}.
~L..1._l_a._t_9.L~a__i_ - A first lie~'~ on the $.u1 optional sales tax
collected by the State of Florida and dispersed to the City
.tn the form c',f Revenue Sbar. ing, will sect~r.e this C~.ty's
obligation to repay the Note. The City will agree not to
p]e, dge these funds to re_Day any additiona]L indebtness without
'th¢~ Bank's consent.
.[lc3Ctu__m.e__n..t__a_~.~fg.R.- The Issuer will execute any and all
d,.~cumentation regu[red by the Bank. All documentation
execu"ted and delivered in connectiol] with the Note shall De
in form and substance satisfactor, y to the Bank and its
Counsel .
!;_.l.x:~.$.r. Lq .C_'_.o.~_t_~ _.a__qd ~..e..~_- '.['he issuer wi. ll pay all clos.%nc~
costs including but not limited to 'the Bank's attorney f:e(~s
and costs which will not. exceed $8,00U. 1'o the extent wh3. ch
the City's attorney predates doct~mentat~_on acceptable to
Ba)~k's attorney, these c¢)~ts will be reduced. Also, )%0 bank
fe~; will be charged, if the Issuer does not close for any
reason, the Issuer will pay, w~th.%n ten ( 1u ) days of demanct,
all expenses incurred by the Bank, including the Bank's
attor~ey ~ees and expense~ and any i]ees and expenses lncur, rg~
by the Bank in collecting tmese amounts.
.A...d.~t..i._~3.q~:ta.]._' .]].(_~r__m..~_-~ Issuer will pr-or-%de the Bank, prior t.o
c[o~±ng, such Fe:~olut~ons and document,g, necessary to assure
that the tr. ansactlons contemplated ber-eby are duly
authorized.
Also, the Issuer will provide the Bank a copy of its
Financial Statement on an annual basJ. s,
Please indicate by si.~n.ln9 below your agreement to accept the
above loan upon the terms ot this commitment within a 30 day
period ending November 1, 1991.
W~ are pleased to assist with addJ. tional ~.nformation and
would ]_J.k{~ the opportunity re> provide Iinanclng ~or the C~ty
oJ~ Sebastian. Please contact me ].f you have additional
questions.
S t n ce~-e.], y,
Ba r'ba~'a T~ lton
A.~:.-'.i-gtant Vice President
CJT. y of Sebastian
By:
Select.ed Option
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Water & Sewer
Engineers
Approved For Submittal By:
City Manager
) Agenda No. ~/6~/
)
) Dept. of Origin: City Manager
)
) Date Submitted: 10/02/91
)
) For Agenda Of: 10/09/91
)
) Exhibits: RFP Scope of Services
)
) - Proposals from four (4) firms
(under separate cover)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On September 27, 1991 the City interviewed four engineering firms
which had submitted statements of qualifications in response to
the City's request for proposal (RFP) for engineering services
for the City's utility franchise acquision. The interviewing
committee consisted of : Robert McClary, City Manager; Dan Eckis,
City Engineer; Michael Hudkins, Director of Finance; and Kathryn
O'Halloran, City Clerk. Of the four firms interviewed, two were
found to be highly qualified for the project: Hartman &
Associates, Inc. of Orlando and Lindahl, Browning, Ferrari &
Hellstrom, Inc. of Fort Pierce. The committee found Hartman &
Associates, Inc. to be the most uniquely qualified consultant due
to their experience with General Development Utility franchise
matters with other municipalities, in addition to the work they
have performed for the City of Sebastian. Hartman's staff has
been involved in over sixty (60) utility acquisition projects,
have been involved in over forty (40) agreements for municipal or
investor owned untilities, have been involved in over one hundred
(100) rate studies and have been involved in over thirty (30)
revenue bond issues. Hartman & Associates is recognized by
Moody's Investor Service and Standard & Poor's Corporation as
experts in the field of utility acquisition and utility finance.
The committee rated Lindahl, Browning, Ferrari & Hellstrom, Inc.
in second place because of their strong background in water and
sewer utilities. Under their proposal, they would engage a
management consultant, DUS consultant, under the direction of
Howard C. Osterman. Mr. Osterman has a particularly strong
background in water and sewer utility matters. The other firms
interviewed were Richard T. Creech, Inc. of Palm City and B.S.E.
Consultants Inc. of Melbourne.
d?/
RECOMMENDED ~CTION
Move to approve the rank ordering of engineering consultants for
water and waste water matters as follows: (1) Hartman &
Associates; (2) Lindahl, Browning, Ferrari & Helstrom, Inc.; (3)
Richard T. Creech; and (4) B.S.E. Consultants, inc., and to
authorize and direct staff to begin negotiations with the number
one ranked firm.
'-'-'l- '._-,L_IPE jIF t--._,ERViCES FOR UTILITY FRANCHISE ACQUISITION
PROVIDING WATER AND WASTEWATER SERVICES.
TIlE [~'ITY OF SEBASTIAN HAS RECEIVED A BRIEFING DOCUMENT
ENTI]LED THE INVESTIGATION OF UTILITY FRANCHISE AND THE
ADVANTAGES AND DISADVANTAGES IN PROVIDING WATER AND WASTE
WATER SERVICES FOR THE CITY OF SEBASTIAN, FLORIDA AS PREPARED
BY HARTMAN AND ASSOCIAIES, ENGINEERS, HYDROGEOLOGISTS,
SCIENTISTS & MANAGEMENT CONSULTANTS ALONG WITH ORAY, HARRIS,
ROBINSON, KIRSCHENBAUN AND PEEPLES, ATTORNEYS AT LAW. TIlE
BRIEFING DOCUMENT ENDORSES TIlE CITY'S ACQUISITION OF E~OTH
WATER AND WASI'EWATER TREATMENT FRANCHISE FACILITIES FROM ODU
AND PORTIONS FROM THE INDIAN RIVER COUNTY. '[FIE SUCCESSFUL
CONSULTANT WOULD IMPLEMENT THE RECOMMENDATIONS OF THE REPORI
IDENTIFIED AS ALTERNATE NUMBER _A AND PROVIDE 'IHE DETAILS ON
ItOW TI.IE ACQUISIIION AND THE EXPANSION OF Tile EXISI'ING
FACILITY WOULD TAKE PLACE. I-HE CONSULTANT WOIJLD BE REQUIRED
'lO DO TIlE FOr_LOWING:
THE CONSULTANT WOUI_F~ MAKE A SURVEY OF
BOTH THE WATER AND WASTEWATER FACILITIES
THAT ARE OWNED BY OI'lU TO DETERMINE THE
EXTENT AND CONDITION OF ALt. EQUIPMENT
AND APPARATUSES ASS[)CIAlED WITH 1-HE TREATMENI
OF BOTH WATER AND WASTE WATER AN[) THE COLLECTION
AND DISTRIBUTION SYSTEMS. TO MAKE AN EVALUATION
TO DETERMINE lHE VALUE OF THE EXISTING
FACILITIES FOR '[HE CITY'S ACQUISITION.
EVALUATE THE INTEGRATION OF THE CITY'S PROPOSED
SYSIEM WITtt THE COUNTY'S EXISTING SYSTEM WITHOUT
SIGNIFICANTLY IMPACTING BOTH THE WATER AND
WASTEWATER IREATMENT MASTER PLANS AND DEVELOP A
MASTER PLAN CONSISTENT WITtt THE CITY OF
SEBASTIAN'S NEEDS AND FUTURE GROWTH.
PROVIDE THE DETAILS FOR THE CONSTRUCTION OF FLOW
DIVERSION DEVICES WITN METERS 1'O ALLOW AN
EQUITABLE DIVERSION OF FLOWS BOTH TO THE CITY
AND INDIAN RIVER COUNTY.
STUDY AND REPORT FOR FACILITIES EXPANSIONS
5) THE CONSULTANT SIIOULD PROVIDE RECOMMENDATIONS
FOR STAFFING OF TIlE FACILITIES AS TO WHEN
MEMBERS WILt. BE REQUIRED 'ID HANDLE OPERATION
TASKS FROM THE BEGTNNING AT START UP AND UNTIL
FULL OPERATION AT CLOSING OF THE ACQUISITION
FROM THE COUN'I'Y TO THE CITY.
AWARD OF CONTRACT:
THIS REQLIEST FOR PROPOSAL DOES NOT OBLIGATE THE CITY OF
SEBASTIAN TO AWARD TI4E CONTRACT TO ANY RESPONDENT NOR PAY ANY
COSTS INCURRED WITH THE PREPARATION OF PROPOSALS SUBMITTED IN
RESPONSE TO THIS REQUEST. THE CITY OF SEBASTIAN RESERVES THE
RIGHT TO ACCEPT OR REdECT ANY OR ALL PROPOSALS RECEIVED AS A
RESULT OF THIS REQUEST. AL[_ INFORMATION A~D MA'fERIALS
SUBMITTED IN RESPONSE lO THIS RE()I,JEST WILL BECOME THE
PROPERTY OF THE CITY OF SEBASTIAN. THE CITY WILL NOTIFY Tt4E
FIRMS IHAT ARE ON THE St4ORT LIST AN[) CONDUCT INTERVIEWS
WITHIN A WEE[:: OF RECEIPT OF THE PROPOSALS. EXPENSES
ASSOCIATED WI'ft4 SUUH INTERVIEWS S~IALI. BE SOLELY THE
RESPONSIBILITY OF THE AFFECTED RESPONDENT,
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT:
Stormwater' Utility
Proposal s
Approved For Submit%al By:
Ctky Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibtt~:
Memo City Engineer
07o
ENG / F'W
1 O-2-91
10-9-91
EXPENDITURE
REQUIRED:
ANOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The selection committee for stormwater management
proposals interviewed three companies todaY, october
].991 and ~ecommend negotiations begin with these
companies in the ¥o] ] owing r, ank or'der.
1) Bromwel 1 & Carrier' Inc.
2) Greinep, Inc.
3) Hartman and Associates
RECOMMENDED ACTION
Move to direct sta4f to begin negotiations with Bromwel]
& Carr-iep Inc. for' a Stormwate~', t.,tilitv Study.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
October' 3~ 1991
TO:
FROM:
Robert S. McClary
City Manager
Daniel C. Eckis, P.E~,'r~~
City Engineer'/Publicl~s Director
RE: Selection of Stormwater Utility Consultant
On October' 2, 1991~ the Stormwater Selection Committee
consisting of forme~ City Engineer Horry Johns.~ Financial
Director' Michael Hudkins~ Public Works Administrator' Jerry
Thomas, and myself City Engineer, Daniel C. Eckis interviewed
three consultants that had been shortl isted. All three
consultants were wel! outal if ied and made convincing
presentations as to their expertise and competency
establishing a stormwater utit ity for the City of Sebastian.
Following the presentation the committee selected the best
qual if ied candidates in the following rank order.
1. Bromwell & Carr'ier~ Inc.
2. Greiner, Inc.
3. Hartman and Associates.
As a committee, we felt that Hartman and Associates was not
over'whelming in showin.c.) their expertise in establ ishing a
stormwater utility. Their proposal and qual i¥ications
focused on developing the rate structure to establish a
source of revenue through a base fee before making an
evaluation of the stormwater system. In this way~ funding
would be available to tackle the city's ~rainage problems
and meet the requirements of the comprehensive land use plan.
Greiner, Inc put together' a convincing presentation. ]"heir
approach to the stormwater utility would begin with a system
inspection and a data collection phase. This would es{abl ish
a basis of the drainage p~'~oblems which exist in the Sebastian
Highlands. A cost could then be assessed to correct the
problems which could be used for two purposes as fol lows:
Betermine the unit cost per acre to correct the dr-a:i, nage
'::... oblems for' an overa] 1 ballpark figure.
#
Establish the first draina~e :;l~lprovement program to show
the I~esidents that their money is going to a real
project.
Bromwe11 & Car-r-'i. er, Inc.. had the same approach as Gr'eine~~.
Inc but t. he~ ~ormed a team o~ experts which over~whe]med
of us. Bromwell~ Ca?rie~ .... in~~_ and ~'~ ........ .~.~ anc~ Mo]ar wil '~. be
the engineers working {ogether. Mastel Jar', Molar and
May~ield would gather the data and BCI would do the
stor'mwatep model ing. Mastellar- Molar' and May~ield has a
~opmep staf~ member' o~ the St. Johns River- Water Management
District to direct the improvements within per'mit
r-egulations. David M. G~iffin and Associates LTD. showed the
strongest ~inancial capability o~ determining the appropriate
rate str'uctupe and bil'l ing system. And we were all impressed
on their emphasis on public education and information. The
law firm o~ Nabops Gibbon Nickepson~ P.A. we~-e not pr'esent
the inter'views but they would resolve all ]e~ issues
insur-e that the stor, mwater utit ity is legal iy de~ensib'le.
For these ~easons the sel ectior'~ committee made their-
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Yacht Club Piers
Approved For Submittal By:
city Manager
)
)
)
)
)
)
)
)
)
)
)
Dept. of Origin: city Mana.qer
Date Submitted: 10/.03/91
For Agenda Of: ~
Exhibits:
-Riomar Letter Dated 9/26/91
REQUIRED
EXPENDITURE:
BUDGETED
AMOUNT:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The two (2) forty-four foot long finger piers at the boat ramp at
the Sebastian Yacht Club are in need of repair and redecking.
Additionally, the north finger pier could be extended on a 45
degree angle to intersect with the existing fishing pier. This
would allow more room and tie up space for boaters who are
waiting to on load their vessel to a trailer. These improvements
would require permits from the State of Florida and the U.S. Army
Corps of Engineers. The permit application should also include
redecking of the existing fishing pier, although this work may be
contracted at a later date. Riomar Engineers and Contractors,
Inc., specialize in coastal and environmental engineering and
permitting and are highly qualified to do this work. The small
size of this project would not require a Chapter 287 FS review
and selection process.
RECOMMENDED ACTION
Move to approve the letter of agreement with Riomar Engineers and
Contractors, Inc., for engineering and permitting services for
the Sebastian Yacht Club dock restoration and expansion project
at a fee not to exceed $2,000.
420 Fourth Avenue
indialantic, FL 32903
RIOMAR
Engineers and Contractors, Incorporated
September 26, 1991
P.O. Box 991
Melbourne Beach, FL 32951
(407) 729.8000
City of Sebastian
Engineering Department
P.O. Box 780127
Sebastian, Florida 32978-0127
Attn: Dan Eckis, P.E.
Re:
Permitting Services
Sebastian Yacht Club Dock Restoration/Expansion
Riomar Reference Number P91133
Dear Dan;
As per your request, Riomar Engineers & Contractors, Inc. is
pleased to present this proposal for professional engineering and
permitting services for the above referenced project. The property
is located in Indian River County, Section 31, Township 30 South,
Range 39 East. This proposed project consists of the following
services:
PERMITTING SERVICES
Prepare and submit a State of Florida Joint Application
Permit and permit sketches to the Florida Department of
Environmental Resources, Florida Department of Natural
Resources and the U.S. Army Corps of Engineers for the
proposed expansion of an existing loading/unloading
docking facility and for the replacement of existing
decking material.
Prepare, submit and pursue approval of the following permits:
(1) State of Florida Joint Application for Permit.
This proposal is limited to the permitting as described. As the
project proceeds into construction, a new proposal will be provided
to cover services that may be needed based on the amount of
development activity. Those services which are available upon
request are a follows:
(1) Construction services such as; quantity takeoffs, cost
estimates, bid preparation and review, etc.
(2) Monthly draw request analysis, site inspection, and
certification.
(3) On-site inspections as required by State and Federal
Agencies for final certification.
(4) Preparation of record drawings as required by various
agencies.
Engineering Services
Riomar Reference Number P91133
September 26, 1991
Page (2)
We have prepared this proposal based on the following assumptions:
Any surveys, soil testing fees, etc. that may be required
for this permit will be considered a direct expense to
the City of Sebastian and not a part of this proposal.
All application fees will be considered a direct
expense to the City of Sebastian and are not a part of
this proposal.
Any significant off-site improvements required to gain
permit approval, other than those described herein, are
not included in this proposal.
This proposal is valid for thirty (30) calendar days
from date shown hereon, and subject to change there-
after.
Our fees for the above described services will be as follows:
PERMITTING
HOURLY NOT TO EXCEED $2,000.00
INVOICE PROCEDURES AND PAYMENT; RIOMAR Engineers and Contractors,
Inc. shall submit invoices to the Client for work accomplished
during each calendar month. For Engineering Services provided on a
Lump Sum basis, the amount of each monthly invoice shall be
determined on a percentage of completion basis, the percentage of
the total work (provided on a lump sum basis) accomplished during
the invoicing period. Such invoices shall also include, separately
listed any reimbursable costs.
REIMBURSABLE COSTS as described below are not included in the lump
sum fee. These include out-of-pocket expenses, the cost of which
shall be charged at actual cost plus an administrative charge of
10% and shall be itemized and included in the invoice.
Typical out-of-pocket expenses shall include job related mileage at
twenty (20) cents per mile, long distance telephone calls, mailing
charges, printing and reproduction costs.
Engineering Services
Riomar Reference Number P91133
September 26, 1991
Page (3)
The client, as owner or authorized agent for the owner, hereby
agrees that payment, as provided herein, will be made for said
work within ten (10) days from the date the invoice for same is
received by the Client at the address set out herein and, in
default of such payment, hereby agrees to pay all costs of
collection, including reasonable attorney's fees.
The Client hereby acknowledges that any revisions, deletions or
additions to the scope of the project as described herein will be
invoiced according to our standard rates. No work outside the
limits of this proposal will be commenced without prior client
consent.
The Client also hereby acknowledges that unpaid invoices shall
accrue interest at eighteen percent (18%) per annum after they
have been outstanding for over thirty (30) days. Upon cancellation,
abandonment or suspension of the project by the Client prior to
completion of services to be performed, RIOMAR Engineers and
Contractors, Inc. shall be paid for all work accomplished to date.
If you want us to proceed, please return a retainer in the amount
of $500.00 along with an executed copy of this proposal. We would
like to thank you for this opportunity to provide this proposal
and we look forward to working with you on this project.
CMN / uw
Sincerely Yours,
RI_OMAR_Engineers_ and Contractors,
~-C.'Mik~ Null " ' Engineering Manager
Inc.
ACCEPTED BY
DATE: