Loading...
HomeMy WebLinkAbout10101990 . . . , ",,-1Y 0" \ IJI [;J ~ ~". - ,~ >0'-""1 S" ~Q :f,o~ \c,\-~ 0" PFLlC"'~ City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGE N D A - - -- SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 10, 1990 ~ 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 - None 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION - None 8. PUBLIC INPUT A. Non-Agenda Items - None B. Agenda Items 9. CONSENT AGENDA A. Approval of Minutes - 9/26/90 Regular Meeting, 10/3/90 Workshop 1 . . . " 90.238 90.216 90.122 90.169 90.239 B. Waiver of Bidding Procedure - Engineering Dept. - Purchase Mita 2254 Copy Machine - EGP, Inc. - $5,600 (Staff Recommendation dated 10/4/90, Memo from APWD dated 10/3/90) C. Police Department Vehicles - Concur with Spending Plan to Divert Funds for Two Additional Vehicles to Equip New Vehicles and Replace Aged Equipment (City Manager Recommendation dated 10/3/90, Memo from Chief Petty dated 10/3/90) D. RESOLUTION NO. R-90-39 - Golf Course Pro/Manager Job Description A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF GOLF COURSE PRO - MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. E. RESOLUTION NO. R-90-40 - Hold Harmless Agreement - FPL Use of Community Center in Event of Hurricane A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, USE OF COMMUNITY CENTER INDEMNIFICATION AND HOLD HARMLESS AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. F. RESOLUTION NO. R-90-4l - Unlimited Time Status - Add Golf Course Pro/Manager A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE STANDARD OPERATING PROCEDURES BY DELETING THE TITLES OF GOLF COURSE MANAGER AND GOLF COURSE DIRECTOR AND ADDING THE TITLE OF GOLF COURSE PRO/MANAGER; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 10. PRESENTATIONS - None 11. COMMITTEE REPORTS/RECOMMENDATIONS 2 . . . , , 90.215 90.141 90.240 90.241 88.084 12. OLD BUSINESS A. Bid Award - Entrance Road to New Public Works Building/Garage - Fischer & Sons, Inc. - $19,500 (City Manager Recommendation dated 10/4/90, Bid Tabulation Form, Letter from American Legion dated 9/28/90) 13. NEW BUSINESS A. Bid Award - City Hall Renovation - Paul LiCausi Construction, Inc. - $29,821.50 (Staff Recommendation dated 10/4/90, Bid Tabulation Form, Memo from AFD dated 10/4/90) B. Bid Award - Dugouts & Scorekeeper Booths - BSSC - Capp Custom Builders, Inc. - $39,967 (Staff Recommendation dated 10/4/90, Bid Tabulation Form, Memo from AFD dated 10/4/90) C. Main Street Widening Project (City Manager Recommendation dated 10/4/90) 14. MAYOR'S MATTERS 15. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. 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.) 3 y OCTOBER 10, 1990, REGULAR CITY MEETING DOCUMENT LIST The following is a list of backup materials for each item in the agenda packet and notation for those agenda items with no backup. 10/10/90 Agenda 9. CONSENT AGENDA ~val of Minutes 1. 9/26/90 Regular Meeting 2. 10/3/90 Workshop (Council and Manager Only) 90.238 Waiver of Biddinl Procedure - Engineering ~ - Purchase Mira 2254 ~ Machine - ~ Inc. - ss, 6oo 1. Staff Recommendation dated 10/4/90 2. Memo from APWD dated 10/3/90 90.216 90.122 Police Department Vehicles - Concur with Spending Plan to Divert Funds for Two Additional Vehicles to ~ New Vehicles and ...... Replace Aged Equipment 1. City Manager Recommendation dated 10/3/90 2. Memo from Chief Petty dated 10/3/90 RESOLUTION NO. R-90-39 - Golf Course Pro/Manager Job Description 1. R-90-39 2. Job Description 90.169 RESOLUTION NO. R-90-40 - Hold Harmless Agreement - FPL Use of ~ Center in Event of Hurricane 1. R-90-40 2. Hold Harmless Agreement 90.239 RESOLUTION NO. R-90-41 - Unlimited Time Status - Add Golf Course Pro/Manager 1. R-90-41 12. OLD BUSINESS 90.215 Bid Award - Entrance Road to New Public Works Building/G~rage - Fischer & Sons, Inc. - SlO,500 1. City Manager Recommendation dated 10/4/90 2. Bid Tabulation Form 3. Letter from American Legion dated 9/28/90 90.141 90.240 90.241 88.084 13. NEW BUSINESS Bid Award - City Hall Renovation - Paul LiCau$i Construction, Inc. - $29,821.50 1. Staff Recommendation dated 10/4/90 2. Bid Tabulation Form 3. Memo from AFD dated 10/4/90 Bid Award - Dugouts & Scorekeeper Booths - BSSC - Capp Custom Buildersj Inc. - $39,967 1. Staff Recommendation dated 10/4/90 2. Bid Tabulation Form 3. Memo from AFD dated 10/4/90 Main Street Widening Pro~ect 1. City Manager Recommendation dated 10/4/90 2 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 10, 1990 - 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 - None 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7.- PUBLIC HEARING, FINAL ACTION - None 8. PUBLIC INPUT A. Non-~enda Items - None B. A~enda Items 9. CONSENT AGENDA A. Approval of Minutes - 9/26/90 Regular Meeting, 10/3/90 Workshop 90.238 90.216 90.122 90.169 90.239 Waiver of Bidding Procedure - Engineering Dept. - Purchase Mita 2254 Copy Machine - EGP, Inc. - S5,600 (Staff Recommendation dated 10/4/90, Memo from APWD dated 10/3/90) Police Department Vehicles - Concur with Spending Plan to Divert Funds for Two Additional Vehicles to Equip New Vehicles and Replace Aged Equipment (City Manager Recommendation dated 10/3/90, Memo from Chief Petty dated 10/3/90) RESOLUTION NO. R-90-39 - Golf Course Pro/Manager Job Description A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF GOLF COURSE PRO - MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-90-40 - Hold Harmless Agreement - FPL Use of Community Center in Event of Hurricane A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, USE OF COMMUNITY CENTER'INDEMNIFICATION AND HOLD HARMLESS AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. F. RESOLUTION NO. R-90-41 - Unlimited Time Status - Add Golf Course Pro/Manager A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE STANDARD OPERATING PROCEDURES BY DELETING THE TITLES OF GOLF COURSE MANAGER AND GOLF COURSE DIRECTOR AND ADDING THE TITLE OF GOLF COURSE PRO/MANAGER; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 10. PRESENTATIONS - None 11. COMMITTEE REPORTS/RECOMMENDATIONS 90.215 90.141 90.240 90.241 88.084 12. 13. 14. 15. 16. 17. 18. OLD BUSINESS Bid Award - Entrance Road to New Public Works Building/Garage - Fischer & Sons, Inc. - S10,500 (City Manager Recommendation dated 10/4/90, Bid Tabulation Form, Letter from American Legion dated 9/28/90) NEW BUSINESS ae Bid Award - City Hall Renovation - Paul LiCausi Construction, Inc. - S29,821.50 (Staff Recommendation dated 10/4/90, Bid Tabulation Form, Memo from AFD dated 10/4/90) Bid Award - Dugouts & Scorekeeper Booths - BSSC - Capp Custom Builders, Inc. - $39,967 (Staff Recommendation dated 10/4/90, Bid Tabulation Form, Memo from AFD dated 10/4/90) Ce Main Street Widening Project (City Manager Recommendation dated 10/4/90) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 3 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 DATE: OCTOBER 3, 1990 TO: FROM: ROBERT S, MCQLARY ~'ZTY MANAGER JERRY THOMAS "~" ACTTNG PUBLZC DIRECTOR RE: COPY MACHINE - ENGZNEERZNG DEPARTMENT - ~UDGET EXPENSE PLEASE BE ADVZSED THAT WE ARE REOUESTZNG A WAZVER OF BZD FOR THE ABOVE PURCHASE, SO THAT WE CAN LINZ;ORMLY PURCHASE A COPY MACFIZNE WHZCH MATCHES THE REST OF THE C~ZT¥' HALL MACHZNES. EGP HAS OFFERED TO SELL US A MACHZNE FOR $5600.00 AND THZS MACHINE ~S SZMZLAR TO ALL OTHER MACHINES AT 0~TY HALL BUT DOES NOT HAVE ALL THE EXTRAS AS THE ONE ZN FZNANCoE AND THE CLERK'S OFFZCE. YOUR ASSZSTANCE ZN PUTTZNG THZS ON THE COUNCZL AGENDA OF OCTOBER ~0, !990 FOR APPROVAL ZS GREATLY APPRECZATED. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (40?) 589-5330 FAX 407-589-5,570 SUBJECT: Waiver of Bidding Procedur~ Agenda No. Approved For Submittal By: City Manager ~ Dept. OriGin Date Submitted ) Finance (LWN) ) ) 10/4/90 ) ) For Agenda Of !0/10/90 ) ) Exhibits:Memo from Acting PWD ) ) ) EXPENDITURE REQUIRED: $5,600.00 AMOUNT BUDGETED: $5,600.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The Engineering Department has funds budgeted in Capital Improvements for the purchase of a new copy machine. EGP,Inc. is the supplier and maintainer of all copy machines, both leased and purchased, for all departments of the City. EGP has a GSA price awarded per Federal Contract and they were awarded the bid on copiers by the Indian River County School Board. EGP has provided excellent service and maintenanc Pursuant to City Code sec. 2-64 (j),"The City Council may waive or modify the bidding procedure on specific contracts for good cause." RECOMMENDED ACTION Move a waiver of bidding procedure be granted for the purchase of a Mita 2254 copy machine from EGP,Inc. of Ft. Pierce in the amount of $5,600.00. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 m FAX (407) 589-5570 SUBJECT: Police Department Vehicles Approved For Submittal By: city Manager Agenda No. Dept. of Origin: Police (ELP) Date Submitted: 10/03/90 For Agenda Of: 10/10/90 Exhibits: - Chief Earle Petty Memo Dated, 10-03-90 EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: SUMMARY STATEMENT The F-91 Capital Improvements Budget provides for the purchase of seven (7) police vehicles, five (5) of which would be police pursuit vehicles which were approved by the City Council at the 9/26/90 Regular Meeting. Of the five (5) pursuit vehicles, three (3) will replace older units and two (2) vehicles for the two (2) new positions authorized by the budget. Unfortunately, we failed to budget sufficient funds to equip the additional vehicles with equipment such as siren, light bar, radio, police cage and installation charges including stripping, letters and decals. chief Petty has reviewed the Capital Improvement items for the Police Department and recommends that the City not purchase the additional two (2) vehicles as authorized but divert these funds to equip the new vehicles and replace other aged equipment. I concur with his recommendation, which is attached. RECOMMENDED ACTION Move to concur with the spending plan for Capital Improvement items for the Police Department as outlined in Chief Earle Petty's memo, dated October 3, 1990. SEBAST POLICE DEPARTMENT Post Office Box 780 Sebastian. FL 32978-0127 (407) 589-5233 ~'~n ; Subject : October 3, 1990 Robb McClary,. City Manager Chief Earle Petty~ Fiscal Year 1990/1991 Budget As approved by the City Council, ~ have ordered five 1991 Ford Crown Victoria police pursuit vehicles from Duval Ford, Jacksonville, Florida. These vehicles are due to arrive on Friday, October 5, 1990. In reviewing the police department budget for this fiscal year, I find that we did not budget for the. equipment needed for two of the new vehicles, which are not replacement vehicles, (where equipmant would be removed frc~ the old vehicle and put on the new one), but are additional vehicles for the tw~ new police officer positions that were approved by council. Equipment, installation charges, stripping, letters and decals will cost $2,001.90 per unit. We have four light bars and four mobile radios in capital improvements but they were budgeted as replacement equi~xnent, not as equipment for the two new vehicles. These items are needed to replace old worn out equipment still in use. My suggestion to remedy this situation and save the city scme money would be; not to purchase the two Chevrolet Corsicas that were approved in this budget. This would be a savings of $10,700.00 each. A portion of these funds could be used to equip the two new vehicles and pay the cost of change-over on the other three. The two Chevrolet Corsicas were budgeted as replacements for administrative vehicles that in turn would be placed into the patrol fleet. The Corsica that is assigned to me could be given to Detective Witt to replace the 1984 Ford LTD that he currently drives, and that would meet our needs for all the investigators. I ~uld then assign one of the new vehicles to myself which would take care of the administrative staff requirements. -1- Date: Ref..- Page: October 3, 1990 Fiscal Year 1990/1991 Budget 2 This change would stol accomplish our vehicle goals for this fiscal year; 1. All 1987 vehicles ~ould be replaced. 2. TWo investigators would have 1990 unmarked vehicles (Corsicas). 3. Detective Render would have a larger vehicle, a Ford Crown Victoria, because of his needs as Evidence Technician. 4. We will have two vehicles for the new positions. 5. Ail the remaining vehicles in the fleet would be 1988 or newer. This would amount to a savings of $14,968.00 net savings. EP/jh RESOLUTION NO. R-90-39 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF GOLF COURSE PRO - MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the organizational structure of the Sebastian Municipal Golf Course currently provides for two (2) management positions; Golf Course Business Manager and Golf Course Director; and WHEREAS, the City Council finds that the functions of these two (2) position should be consolidated into one (1) new position; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I. The job description for the classification of Golf Course Pro-Manager, attaChed hereto as Exhibit "A" is hereby adopted. SECTION II. The city Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION IIi. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION IV. upon its adoption. This Resolution shall take effective immediately The Councilman follows: foregoing Resolution was moved for adoption by . The motion was seconded by Councilman and, upon being put to a vote, the vote was as Mayor W. E. Conyers Vice Mayor Frank Oberbeck Councilman Robert McCollum Councilman Lonnie Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 19. CITY OF SEBASTIAN, FLORIDA by: W.E. Conyers, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: City Attorney GOLF COURSE PRO - MANAgeR F~%JOR FUNCTION3. Administration of all the operations of the Sebastian Municipal Golf Course. Under the direct supervision of the City Manager, assignments are usually in the form of broad instructions or general program objectives. ILLUSTRATIVE DUTIES: Directs the overall operation of the Sebastian Municipal Golf Course. Operates and maintains the pro shop. Supervises and trains golf course personnel, golf cart attendants, maintenance, restaurant - bar and janitorial staffs or, if any of these functions are by contract, to administer the respective contracts for services. Coordinates advertising in local publications; keeps records and makes future projections to make recommendations on increasing revenues and playability of golf course. Initiates ideas for improving service and increasing profits. Attends City Council meetings when necessary and appropriate. Prepares annual budget requests for all golf course operations. Promote functions of the golf course to generate revenue and create membership interest. Promote Jr. Golf Program. Make periodic inspections of the golf course and initiate corrections or improvements. Enforce all the club rules governing the use of the golf course. Implement action as necessary to comply with U.S.G.A. Rules and Regulations. Represent the City in the area of professional golf activities, including the local section of the P.G.A., and in tournaments such as Pro-Ams with members and State events as his time will permit, but only with the approval of the city Manager. Enthusiastically promote golf by planning golf events, group and rule clinics and by providing competent golf instruction for all group and level of players. ~OLF COURSE PRO - MANAGER CHANqES: It must be recognized that all specific duties cannot be listed and that responsibilities will change accordingly as the need arises. The Pro Manager will be responsible for accomplishing unforeseen tasks that relate to his function. MINIMUM QUALIFICATIONS: Knowl~dqe, Abilities and Skills Extensive knowledge of the laws and administrative policies governing municipal activities. Considerable knowledge of legal requirements, rules and procedures concerning municipal golf course. Considerable knowledge of modern management as applied to Municipal Golf Course. Ability to delegate authority and responsibility to subordinates and to maintain an effective organization. Ability to express himself clearly in writing and orally. Knowledge of the theory and procedures of Golf Course administration; research methods and objectives. TRAINING AND EXPERIENCE: Must be a certified P.G.A. Member (Active or Retired) Shall possess a college degree, or its equivalent, from training courses or experience in the field of golf. Shall be a competent golfer with experience in teaching, organizing programs and management of tournaments. ~// A .RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER 1,)-// COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK ~// TO S~GN, ON BE~LF OF THE CITY, USE OF CO~ITY CE~ER ~// TNDE~IFICATION ~ HOLD ~LESS ~E~ PROVIDIN~ / ~-~~ o~ ~so~o~s o~ ~ o~ ~so~o~s ~ PROVIDING FOR ~ EFFECTI~ D~TE. WHEREAS, Florida Power and Light, has requested that the city sign a Use of Community Center / Indemnification and Hold Harmless Agreement; and WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed Use of Community Center / Indemnification and Hold Harmless Agreement and after engaging in deliberations, has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to sign the Use of Community Center / Indemnification and Hold Harmless Agreement as requested by Florida Power and Light. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDI~tN RIVER COUNTY, FLORIDA, that: SectioD 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the city, the proposed Use of Community Center / Indemnification and Hold Harmless Agreement. A copy of the proposed Use of Community Center / Indemnification and Hold Harmless Agreement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. The original Use of Community Center / Indemnification and Hold Harmless Agreement shall be forwarded by the City Clerk to the County Attorney for recording by Indian River County, Florida. Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain 'in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded and, upon being put to a by Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AA~ city Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney USE OF COMMUNITY CENTER / INDEMNIFICATION AND HOLD NARMLESS AGREEMENT WHEREAS, THE CITY OF SEBASTIAN, (hereinafter "City") and the Florida Power and Light Corporation, (hereinafter "F.P.L."), desire to enter into an agreement permitting F.P.L. to use the City's Community Center during periods of emergency situations and/or natural disasters; and WHEREAS, F.P.L. has agreed to indemnify and hold the City harmless for any and all liability which may be incurred as a result of F.P.L.'s use of the City's Community Center; and WHEREAS, F.P.L. has agreed to be responsible for all clean- up and restoration of the City's Community Center to a condition as existed prior to any use by F.P.L.; WHEREFORE, the City and F.P.L. hereby enter into the following agreement with respect to the use of the City's Community Center. 1. The City of Sebastian expressly agrees to permit personnel of F.P.L. to use the City's Community Center, located at 1805 North Central Avenue, Sebastian, Florida, for the purpose of housing, feeding, sleeping, and other such similar purposes as may become necessary during periods of natural disasters or emergencies which: cause a threat to or a loss of power within the City of Sebastian and surrounding areas; and require F.P.L. to bring in manpower, above and in addition to their normal manpower levels in the City of Sebastian area, in order to restore power to the City of Sebastian in the quickest and most efficient manner. 2. It is the intention of this agreement that F.P.L. be permitted to use the City's Community Center under the conditions set forth in paragraph 1. The city Manager, and/or his designee, will determine whether a natural disaster or emergency situation is of such nature that the terms of this agreement should become in effect, thereby permitting F.P.L. to make use of the Community Center as stated in this agreement. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT In consideration of F.P.L.'s use and temporary occupancy of the City's Community Center, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, F.P.L. hereby agrees to defend, indemnify, and hold harmless the city, its members of council, directors, employees, and agents, individually and jointly from any and all losses, expenses, judgments, reasonable attorneys fees, and any and other liabilities arising from any claims, demands, suits and actions made, asserted or filed by anyone in connection with or in any way related to F.P.L.'s use of the City's Community Center under the terms of this agreement. This indemnification and hold harmless agreement shall apply to all claims made by anyone including, but not limited to invitees, licensees, and trespassers of F.P.L. against any of the above parties indemnified even though any claim, demand, liability, loss, expense, suit or action may be or is alleged to be attributable in part to the negligence, intentional or willful tortuous conduct or other fault on the part of any of the 2 individuals indemnified pursuant to this agreement. In the event of any such claim or action asserted against the parties indemnified herein, notice of such claim or action shall be given to F.P.L. in writing. F.P.L. hereby declares and represents that all individuals executing this indemnification agreement, in a representative capacity, have full authority to execute this agreement on behalf of the corporation represented; and further, that the undersigned, on behalf of F.P.L., have fully informed themselves of the contents and meaning of this agreement. The terms and provisions of this indemnification and hold harmless agreement are contractual in nature and are not mere recitals. 3. F.P.L. further agrees that upon completion of its use of the City's Community Center, it shall restore the City's Community Center to the same condition that the Center was in prior to the initial use by F.P.L. personnel. In the event that F.P.L. fails to restore the Community Center to the condition satisfactory to the City, the City shall have the right to have any clean-up and restoration performed and bill any costs of said clean-up and restoration to F.P.L. The City Manager for the City, or his designee, has sole discretion to determine whether F.P.L. has restored the City's community Center as required under the terms of this paragraph. 4. The City agrees that F.P.L. shall not be charged for its use of the City's Community Center, with the exception of the requirements set forth in paragraph 3 above, due to the City's understanding that F.P.L.'s use of the Community Center will be under circumstances necessary for the public's health, safety and welfare of the citizens of the City of Sebastian. MUTUAL COVENANTS: (A) VENUE: This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Further, by the execution of this agreement, the parties hereby submit to the jurisdiction of the Indian River County Circuit Court for the purposes of enforcement of same. (B) PARTIES BOUND: This agreement inures to the benefit of and is binding upon the parties hereto, and their respective heirs, successors, legal representatives and assigns. (C) ATTORNEY,S FEES: In any litigation arising out of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. (D) MERGER/MODIFICATIONS: This agreement constitutes the entire understanding of the parties. No prior or present agreements or representations shall be binding upon the parties unless included in this agreement. No modification or change of this agreement shall be valid or binding upon the parties unless same is in writing, and executed by each party. (E) SEVEP~BILITY: If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall 4 in no way be affected, impaired or invalidated. (F) EFFECTIVE DAT~: This agreement shall take effect immediately upon its adoption. We, the representatives of F.P.L., in affixing our signatures to this agreement, state that we have read and understand the contents including all conditions of the Indemnifloation and Hold Harmless Agreement. FLORIDA POWER & LIGHT CORPORATION WITNESSES: BY: Its Authorized Representative CITY OF SEBASTIAN ATTEST: BY: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: W.E. C0nyers, Mayor Charles Ian Nash, City Attorney 5 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 U FAX (407) 589-5570 SUBJECT: Bid Award for Entrance) Agenda No. to New Garage ) Approved For Submittal By: City Manager ~~ Dept. of Origin: city Manaqe~ Date Submitted: 10/0.4/90 For Agenda Of: ,~0~10/90 Exhibits: - Bid Tabulation Form - Letter From American Legion, Dated 9/28/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~UMMARY STATEMENT At its Regular Meeting of September 26, 1990, the City Council deferred action on bids which were received for a new entrance way to the Public Works Compound. The bid was deferred in order to find out if the city could use adjoining property for construction vehicles during the construction of the new City garage. A letter of authorization from the American Legion Post is enclosed. Staff recommends acceptance of the low bidder, Henry Fischer & Sons, Inc. RECOMMEND ACTION Move to accept the bid for the new entrance road to the new Public Works building to the lowest and best bidder, Henry Fischer & Sons, Inc. of Sebastian in the amount of $19,500. 0 0 L~ ,--I 0 0 0 0 0-~t J,J ~ .Q O~ 0 0 U U / September 28, 1990 Mr. Robert S. McClary city Manager City of Sebastian P.O. Box 780127 Sebastian, FL 32978-0127 Dear Mr. McClary: This is in response to our telephone conversation of September 27, 1990 regarding the new garage building the City plans to construct on Louisiana Avenue behind the American Legion and VFW buildings. We are pleased that the City is moving ahead with the entrance way off of Louisiana Avenue which will run between the American Legion and VFW. As we have previously discussed with you, we want to work with you in any way we can, as you told us you would do with us. I understand the City is concerned about building the entrance way before you construct the building ~and that you want to keep construction vehicles such as, trucks hauling fill material or concrete off the new pavement. As we discussed, these construction related vehicles could cross the American Legion property from CR 512 and make their deliveries without using the new access road off Louisiana Avenue. Therefore, please consider this letter as your authorization from the American Legion Post #189 to permit construction vehicles to cross our property at 807 Louisiana Avenue during the construction of your new garage building. Sincerely, Commander, .~merican Legion Post 189 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE {407) 589-6330 FAX 407-589-5570 SUBJECT:Bid Award for City Hall Renovations Approved For Submittal By: City Manager Agenda. No. Dept. Origin Date Submitted For Agenda Of Finance (LWN) 10/4/90 ~/90 Exhibits~id Tabulation Sheet Memo from AFD EXPENDITURE REQUIRED: $29,821.50 AMOUNT BUDGETED: $50,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT Six bids were received for the renovations to City Hall. Ail bids were reviewed by staff and a bid clarification meeting was held and the two (2)~lOwest bidders were interviewed. Both the lowest bidder, Paul P LiCausi Construction, Inc. and the second lowest bidder, Capp Custom Builders, Inc. were found to be qualified and capable of completing the work according to specifications and requirements. The lowest bid included everything but a counter top and desk to be built in the City Clerk's office. An addendum for this addition has been added in the amount of $789.00 to the base bid of $29,032.05 for a total bid of $29,821.50. RECOMMENDED ACTION Move the bid for City Hall renovations be awarded to the lowest and best bidder, Paul LiCausi Construction, Inc., of Port St. Lucie, in the amount of $29,821.50. HE~ 1,4 1,4 I~ 0 CO f'3 r"- ~0 .iJ 0 0 0 r._) o 0 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM Date: To: From: Re: October 4, 1990 Robert S. McClary, City Manager Larry W. Napier, Assistant Finance Director ~~ Bid Clarification Meeting For City Mall Renovations Bid clarification meetings were held on Oct. 2 and Oct. 3 1990 for the purpose of evaluating the specifications, individually, with each of the two (2) low bidders. The low bidder, Paul P. LiCausi Construction, Inc., of Port St. Lucie has a complete understanding of the drawings and specifications for the renovation project and has agreed to set his work schedule around the needs of the departmental staff involved in the renovation areas. The only item not included in his base bid of $29,032.50 is the reception desk and counter top in the City Clerk's Office. An addendum to the base bid is enclosed for $789.00 for this additional work, making the bid a total of $29,821.50. In reviewing .,the specifications we find that this reception desk was not specz~zed and should be included as an extra. Both of the two lowest bidders were found to be qualified and capable of completing the work in accord with City specifications and requirements. Staff recommends the contract be awarded to the lowest and best bidder, Paul P. LiCausi Construction, Inc. of Port St. Lucie. ,/ City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX ~7-589-5570 SUBJECT:Bid Award for Dugouts and Scorekeeper Booths at Barb~ Agenda No. Street Sports Complex ) Dept. Origin ) ) Date Submitted Approved For Submittal By: City Manager For Agenda Of ~~__ Exhibits: Bid Tabulation Sheet Memo from AFD EXPENDITURE REQUIRED: $39,967. AMOUNT BUDGETED: $94,000. APPROPRIATION REQUIRED: SUMMARY STATEMENT Six bids were received for dugouts and scorekeeper booths at the Barber Street Sports Complex. All bids were reviewed by staff and a clarification meeting was held and the two (2) lowest bidders wer~ed. B0t~ the t~West b'i~d-e-f"~"~c~-~P--C~'°~' Builders,Inc. ah~-d-'~west bidder, Trident Window and Door Co.,Inc.,were found to be qualified and capable of completing the work according to specifications and requirements. Added to the lowest bid were three additional specifications upgrades totaling $5,186.00 and one addendum adding on the electrical hook up not inclu~-~--~ln the bid for an amount of $1,781.00 for a $6,967.00 addition to the base bid of $33,000.00-~-f--~--~tal bid'o~39,967.00. RECOMMENDED ACTION Move the bid for six (6) dugouts and four (4) scorekeeper Booths at the barber Street Sports Complex be awarded to the lowest and best bidder, Capp Custom Builders, Inc. of Sebastian, in the amount of $39,967.00. O~ 0 oo mo o 0 ,,-I -,-I 0 0 City' of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589..5570 MEMORANDUM Date: To: From: Re: October 4, 1990 Robert S. McClary, City Manager Larry W. Napier, Assistant Finance Director~~ Bid Clarification Meeting For Barber Street Sports Complex Bid clarification meetings were held on Oct. 2 and Oct. 3 1990 for the purpose of evaluating the specifications, individually, with each of the two (2) low bidders. The low bidder,~Capp Custom Builders,Inc., of Sebastian has a complete understanding of the drawings and specifications for the dugouts and scorekeepers booths. He recently completed the consession stand/toilet/switch room building at the site. Three additional upgrade of specifications were discussed so the dugouts and scorekeeper booths would blend in with the existing construction at the site. Specifically these were: 1. scorekeeper booths siding from mansonite to cedar / 4 @ $419.00 = $1,676.00 2. roof shingles from regular to architectural grade/ 10 @ $60.00 = $600.0~ (n6~: exf~ting-~uildings ~&~e upgraded shingles) 3. pre__a~u?e tr~ea~ tongue & groove roof sheeting in place of pine / 6 @ 485= $2,910.00 and one new add on addendum for electrical hook-up for a total of $1,781.00. The total for upgrade is $5,186.00 and the add on for electrical of $1,781.00 for a total addition of $6,967.00 to the base bid of 33,000 for a total bid of $39,967.00. This is still some $3,300.00 below the 2nd low bid of $43,280.00, which does not include the upgrades. Both of the two lowest bidders were found to be qualified and capable of completing the work in accord with City specifications and requirements. Staff recommends the contract be awarded to the lowest and best bidder, Capp Custom Builders, Inc. of Sebastian. City of Sebastian POSt OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Main Street Widening Project Approved For Submittal By: c ,ana er Agenda No. Dept. of Origin: ~ Man~qer Date Submitted: For Agenda Of: 10/04/90 10/10/90 Exhibits: EXPENDITURE $43,000 REQUIRED: (Approx.) AMOUNT $339,960 - County BUDGETED: option Gas Tax APPROPRIATION REQUIRED: SUMMARY STATEMENT The Main Street Re-alignment project continues to progress. Although not a part of the project, the section of Main Street between the Post office and Fleming Street is to be widened and overlayed. Currently this section, which is 2,910 lineal feet, is 18 feet in width and would be enlarged to 22 feet in width. We propose to excavate a 2 foot section on each side of the existing pavement, install 9 inches of coquina rock, apply a leveling course on the existing pavement and a full width overlay on the new 22 foot wide section. Dennis L. Smith, Inc. currently has the Indian River County contract for asphalt. Indian River County requires its vendors to extend the unit prices to both Vero Beach and Sebastian. The per ton price of asphalt is $30.83 for Type 1 and $29.96 for Type 2. Therefore, the asphalt, installed, would cost approximately $33,000. Unfortunately, Indian River County does not have a unit price for excavation and installation of coquina rock. It would be in the City's best interest if the same contractor which is laying the asphalt would also do the preparation work. Therefore, I am requesting authorization to waive the bidding procedures for both the asphalt and the coquina, provided that the price is fair and reasonable. I anticipate that the installation of the coquina would be less than $10,000 for the entire project. RECOIOEENDED ~CTION 1. Move to waive bidding procedures and accept the Indian River County bid award to Dennis L. Smith, Inc. for the asphalt overlay of Main Street between the United States Post Office and Fleming Street. 2. Move to waive the bidding procedures and authorize the City Manager to negotiate for the necessary excavation and installation of base material for the section of Main Street between the United States Post Office and Fleming Street provided that the price is fair and reasonable.