The URL can be used to link to this page

Home My WebLink About11142001HOME OF PELICAN iSLAND SEBASTIAN OITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 14, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-99-21) 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE iNVOCATION - Rev. Ellie Lea, First Presbyterian Church ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS.) Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R-99-21) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.254 A. 01.255 B. 01.256 C. 01.071 D. 01.071 E. 01.009 F. 01.248 G. 01.248 H. 01.173 I. Certificate of Achievement for Excellence in Financial Reporting Presented to the City Employee of the Quarter America Recycles Day Proclamation - Ruth Davies accepting for Keep indian River Beautiful Certificate of Appreciation to Joel Alan Kea - Code Enforcement Board Certificate of Appreciation to Peter Cavallo - Code Enforcement Board Certificate of Appreciation to Kelly Mather- Planning & Zoning Commission Certificate of Appreciation to Marilyn Waldis - Police Retirement Board of Trustees Certificate of Appreciation to Kathleen Brauer - Police Retirement Board of Trustees Certificate of Appreciation to Nancy Diamond - Indian River County Parks and Recreation Committee 8. 01.093 01.057 01.173 1-2 11. 3-20 01.257 21-42 01.258 43 01.259 45-62 CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Update Relative to Parking Issues at the Barber Street Sports Complex Customer Service Orientation - Ditch and Swale Maintenance and Management Program CITY CLERK MATTERS CITY COUNCIL MATTERS Mr. Hill Mr. Coniglio Mayor Barnes 1. Appoint Liaison to Indian River County Parks and Recreation Committee (IRC Resolution No. 94-64) Mr. Barczyk Mr. Majcher CONSENT AGENDA Afl items on the consent agenda ara considerad routine and will be enacted by one motion. Thera will be no separate discussion of consent agenda items unless a member of City Council so raquests; in which event, the item will be ramoved and acted upon separately. A. Approval of Minutes - October 24, 2001 Regular Meeting Approve Resolution No. R-01-77 FDOT Public Transportation Joint Participation Agreement/Construct T-Hangars (City Manager Transmittal 10/24/01, R-01-77, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CiTY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Approve Road Closings at intersections of Indian River Drive and Jefferson Street, Main Street, Washington Street, Martin Avenue, Cleveland Street, Coolidge Street and Fellsmere Road on Saturday, February 2nd, 2002 from 7:00 a.m. until 11:00 a.m. for Girl Scout Troop 181 5K Run (Parks Transmittal 11/6/01) Adopt Resolution No. R-01-78 Vacation of Easement - Medeiros Lots 2 and 3, Block 32, Sebastian Highlands Unit 1 (GMD Transmittal 11/7/01, R-01-78, Staff Report, Site Map, Application, Utility Letters A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 2 AND 3, BLOCK 32, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING PROVIDING FOR EFFECTIVE DATE. 01.260 63-66 01.152 67-68 01.186 69-70 01.261 71-86 12. 13. 14. 01.248 87-88 15. 01.026 16. 01.262 89-92 01.187 93-96 01,028 97-102 E. Adopt Resolution No. R-01-79 Correcting a Scrivener's Error in O-01-09, O-01-10 and O-01-18 (City Attorney Transmittal 11/9/01, R-01-79) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DIRECTING CITY CLERK TO CORRECT SCRIVENER'S ERROR CONTAINED IN ORDINANCES O-01-09, O-01-10 AND O-01-18; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. F. Waive Section VI.4 and Authorize Reimbursement for Travel Associated with Florida League of Cities Conference in August for Councilman Hill due to Extenuating Circumstances (Finance Transmittal 11/8/01, Minutes Authorization Excerpt) G. Approve the Open Purchase Order with B and T Sod in the amount of $18,000 (Public Works Transmittal 10/19/01) H. Authorize the Mayor to Execute the DEP Submerged Land Lease Renewal and Modification (City Manager Transmittal, BOT Master Lease No. 311537314) PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATiONS A. POLICE RETIREMENT BOARD OF TRUSTEES 1. Confirm Police Retirement Board of Trustees' Appointment of A. L. "Rappy" Perez, Jr., CLU as the Fifth Member of the Police Pension Board of Trustees for a Two Year Term (City Clerk Transmittal 11/6/01) OLD BUSINESS A. Presentation by Capital Sanitation Relative to Enhanced Operations and Customer Service (As Reported November 2"d, 2001 City Council Information Letter) NEW BUSINESS A. Approve Purchase of Diesel Fuel Requirements for FY 2001 in the amount of $22,971.00 (GSA Transmittal 10/31/01, 2000/2001 Journal Entries, 2001/2002 Projections) B. Authorize the Sale of Forfeited Boat (PD Transmittal 11/8/01, Detailed Vessel Information) C. Authorize City Manager to Execute Consultant Agreement Between Tischler & Associates, Inc. and City of Sebastian for Preparation of Prototype Land Use Fiscal Analysis in the Amount of $23,900 (City Manager Transmittal 11/7/01, Agreement) 3 01.012 103-110 Appropriate $10,575.48 and Authorize Change Order No. 1 for Final Payment to CAMCO, Inc. (City Engineer Transmittal 11/6/01, Final Payment Analysis, City Engineer Memo, CAMCO Detail of Cost Additions and Subtractions) 01.252 111-122 Authorize the purchase of a 2002 Chevrolet Silverado 1500 ~ Ton Pickup and CG 1500 Cargo Van in the Amount of $30,398.00 in Accordance with the Florida Sheriffs Association and Florida Association of Counties Bid Award Announcement (01-090- 0904) (PD Transmittal 7/5/01, Award Announcement) 01.252 123-126 Accept the Donation of $18,000.00 and Authorize the Purchase of a Harley Davidson Police Motorcycle and Equipment from Ft. Lauderdale Harley Davidson (PD Transmittal 10/31/01, Price Sheet) 01.263 127-128 City Clerk Performance Evaluation (City Manager Transmittal 11/14/01, Memo) 17. ADJOURN (All meeting shall adjoum at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. UDcorninq Meetings: Regular Council Meeting - November 28th, 2001 4 RESOLUTION NO. 94- 64 A RESOLUTION OF T~E BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RECONSTITUTING THE INDIAN RIVER'COUNTY PARKS AND RECREATION COMMITTEE, REPEALING RESOLUTION NO. 81-19.. WHEREAS, the original resolution establishing the Indian River County Parks and Recreation Committee was adopted in 1981~ and W~EREAB, there have been changes during this time which require amend- ment to the orlglnal resolution~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Resolution No. 81-19 is hereby repealed and replaced aa follows= Section 1. Creation and Pur~ose~ Recreation Committee is hereby formed facilities and promote cooperation and coordination among the various County agencies. Section 2. Organizational Structure= A. The Committee ahall consist of nine members who shall be residents of Indian River County, with one m~nber to be appointed by each of the following: The indian River' County Parks and to develop improved recreational ~oard of County co~mis6ioners Veto Beach City Council Sebastian City Council Fellsmere City Council Indian River Shores Town Council School Board of Indian River County Gilford Community (to be appointed . by the County Commission) Unincorporated area no~th of State Road 60 (to be appointed by County Commission) Unincorporated area south of State Road 60 (to be appointed by County Commission) The County Commission representative shall serve as chairperson of the Committee. C. Members ~hall serve at th~ pleasure of the appointing authority. D. Chapter 103 of the Indian River County Code shall, to ~e extent not inconsistent with apeoific provisions herein, appky to this Co~mittee. E. Meetings shall be held at the call of the Committee 'chairperaon. shall be the responsibility of the and programs~ two} RESOLUTION NO. 94.64 B. Develop short-range and long-range plans for better use of existing and future facilities and programs, and to study acquisition of additional lands~ C. Help promote and develop cooperation and coordination among the County government, municipal governments, and the Indian River County school Board~ D. Conduct public hearings to generate citi~enm ideas and interest in recreation~ E. Help develop a master plan for county-wide recreation~ F. Develop a. plan for allocation for funding among the varioua municipalities and the County and provide alternative plans for funding as appropriate; G. Review the present use of School Board properties and recommend areas of improvement and methods to increase'use; and H. Encourage those organizations and governmental entities which have historically helped themselves. section 4 Repeal of Conflicting Resolutions: Ail Resolutions in conflict with this resolution, and, particularly, Resolution No. 81-19, are hereby repealed. The resolution was moved for adoption by Commissioner ~, and the motion was seconded by Commissioner Mac hr , and, upon being put to a vote, the vote was as follows= chairman John W. Tippin Aye Vice chairman Kenneth R. Macht Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this ~'day of .... ~y , 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RiVeR COUNTY, FLORIDA ~ (page two of two) Bu09~l · HOME OF PELICAN iSLAND $1=BASTIAN CITY COUNCIL MINUTF$ REGULAR MEETING WEDNESDAY, OCTOBER 24, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA DRAFT 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:03 p.m. The Pledge of Allegiance was recited. Rev. Edwin Creel of Sebastian River Baptist Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Human Resources Director, Jim Sexton Regular City Council Meeting October 24, 2001 Page Two DRAFT 01.223 01.008 01.008 01.240 AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R-99-21) None. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Plaque to Former Vice Mayor Ben Bishop Mayor Barnes presented a plaque to former Vice Mayor Ben Bishop in recognition of his years on City Council. Mr. Bishop addressed City Council and the public. B. Certificate of Appreciation to Former Construction Board Member Pierre Paquette Mayor Barnes read a Certificate of Appreciation for Mr. Paquette, however he was not in attendance to receive it. C. Certificate of Appreciation to Former Construction Board Member Michael Holdrid.qe Mayor Barnes read a Certificate of Appreciation for Mr. Holdridge, however he was not in attendance to receive it. D. Proclamation - National Epilepsy Awareness Month - November Mayor Barnes read the proclamation and directed that it be mailed to the recipient. CITY ATTORNEY MATTERS The City Attorney distributed documentation relative to the local option gas tax; reported the stormwater credit policy is almost completed; updated Council on the Blue Ribbon Panel progress on the water expansion; and requested approval to attend the Annual Public Employee Seminar with the Florida Bar this Thursday and Friday in Tampa. MOTION by Barczyk/Hill "1 move that we approve it." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 Regular City Council Meeting October 24, 2001 Page Three DRAFT 8. CITY MANAGER MATTERS The City Manager said any item listed under his matters does not preclude City Council from taking public comment on the matter. 01.012 Authorize the Termination of all Contracts with CAMC...0_Sery.[.c..es, Inc. (GSA Transmittal .10/10/01, Concrete Agreement) The City Manager briefly explained staff recommendation to terminate the CAMCO Services, Inc. concrete contract and ban their future bids due to problems encountered with the company. He noted CAMCO had submitted a resignation letter today and said he would forward a copy to Council. MOTION by Hill/Barczyk "1 move to terminate all contracts with CAMCO Services, Inc." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.241 Resolution No. R-01-73 Authorizing an EPA 319 Grant (City Manager Transmittal 10116/01, R-01-73) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CiTY MANAGER TO APPLY FOR AN ENVIRONMENTAL PROTECTION AGENCY 319 GRANT, VIA PARTNERSHIP WITH THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT, FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager briefly described the available grant and noted a scrivener's error in the resolution. Ralph Brown, Project Manager with the St. Johns River Water Management District, addressed City Council on the grant. The City Attorney read the resolution by title. Mr. Brown and the City Manager responded to questions from Council relative to the function of the stormwater park, noting the agreement would require that it be a passive stormwater park. Mr. Brown said the stormwater park will be delayed slightly due to scrub jays and gopher tortoise on the property until probably March. Regular City Council Meeting October 24, 2001 Page Four 01.064 C. DRAFT MOTION by Majcher/Barczyk "1 move to authorize City Manager to apply for the Environmental Protection Agency 319 Grant, in conjunction with St. John's River Water Management District, with the Florida Department of Environmental Protection." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Consider the Proposed Lease A~reement Between the Citv and the Boys and Girls Club of Indian River County (City ManaQer Transmittal 10/18/01, Proposed Lease) The City Manager recommended a long term lease with the Boys and Girls Club of Indian River County at the newly purchased property adjacent to the City Hall complex. Kenneth Felton, Boys and Girls Club of Indian River County, expressed their agreement with the terms of the agreement, responded to questions from Council regarding the proposed size at 20,000 square feet and their intent to pursue grants. Mr. Felton stated that there will be a temporary facility in the Chesser Gap shopping center beginning December of this year. Mr. Felton introduced Lisa Smith-Fulton, and members of the south county. Ms. Smith-Fulton, Executive Director, introduced Sara Wall and Paris Westbrook from the Sebastian facility. MOTION by Barczyk/Coniglio "Move to approve Resolution R-01-76 consider proposed agreement between the City and the Boys and Girls Club of Indian River County, recommend approval." It was noted that adoption of Resolution No. R-01-76 would approve the lease agreement. The City Attorney read Resolution No. R-01-76 by title. Mr. Barczyk restated his motion and Mr. Coniglio seconded. ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 4 DRAFT Regular City Council Meeting October 24, 2001 Page Five 01.233 D. Update on Holiday Liahtina Alona U.S. 1 The City Manager advised Council that due to U.S. 1 construction, Clark Display had agreed to install a large holiday display in Riverview Park in lieu of those they could not install on light poles for this year only. MOTION by Coniglio/Barcyzk "Accept the change in the decoration commitment from U.S. 1 to Riverview Park." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 9. CITY CLERK MA'I-rERS None. 10, CITY COUNCIL MATTERS A. Mr. Majcher None. B. Mr. Hill None. C. Mr. Coniglio Mr. Coniglio updated Council on the Economic Development meeting, noting a downswing in local businesses due to the September 11, 2001 tragedy. D Mayor Barnes Mayor Barnes requested reconsideration of two parking provisions that were recently removed from the Code of Ordinances. Mr. Barczyk also noted there was a code regarding unlicensed and unregistered boats which should be reconsidered. There was no objection from Council for the City Attorney to bring back language. DRAFT Regular City Council Meeting October 24, 2001 Page Six Mayor Barnes took exception to an editorial in today's paper regarding the renaming of Fellsmere Road, noting that it was members of the public that initiated the proposed change. E. Mr. Barczyk Mr. Barczyk reported on Proposal ~ which the Indian River County Commission selected for redistricting. He noted there is a copy of the plan at the back of the Council Chambers; and reported that new voting equipment had been approved and would be demonstrated tomorrow during the open house. 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of the 9126/01 City Council Special Meeting Minutes B. Approval of the 9/26/01 City Council Meeting Minutes C. Approval of the 10/10/01 City Council Regular Meeting Minutes 01.243 Resolution No. R-01-75 - Authorizing Execution of Department of Community Affairs Statewide Mutual Aid Agreement (City Manager Transmittal 10/17/01, DCA Letter, Agreement, R-01-75, Form A, Certificate of Insurance) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PARTICIPATION IN THE STATEWlDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND RESPONSE AS APPROVED BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS iN ACCORDANCE WITH CHAPTER 252, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; DESIGNATING THE CITY MANAGER AS THE CiTY OF SEBASTIAN "AUTHORIZED REPRESENTATIVE"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. 01.244 Approve Request the Use of Yacht Club Oct. 27, 2001, 6:00-10:00 pm, NB (City Clerk Transmittal 10/17/01 ) 01.245 Resolution No. R-01-74 - Crawford Vacation of Easement (GMD Transmittal 10/17/01, R-01-74, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 AND 9, BLOCK 142, SEBASTIAN HIGHLANDS UNIT 3; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. DRAFT Regular City Council Meeting October 24, 2001 Page Seven 01.246 G. Approve the Renewal of the Contract with Dickerson Florida, Inc. for the Purchase of Type S-3 Asphalt Not to Exceed $10,000 for One Additional Year (Public Works Transmittal 10/15/01) 01.247 H. Approve the Purchase and Installation of Five Orion Radios from Communications International in the Amount of $11,792.00 (PD Transmittal 10/11/01) The City Attorney read Resolutions R-01-75 and R-01-74 by title. MOTION by Hill/Majcher "1 move approval of consent agenda items A through H." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 12. PUBLIC HEARING 01.237 Second Public Hearinq Ordinance No. O-01-24, An Ordinance Adop.tiq.q an Amendment to Land Development Code bv Iml~lementin~ Townhouse Development Re.clulations (GMD Transmittal 10/17/01, O-01-24, P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, SECTION 54-2-5.2.4.B MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT (RM-8), USES PERMITrED, AND FOR THE ADDITION OF SECTION 54-2-5.2.4.e DIMENSIONAL REGULATIONS (FOR TOWNHOUSE DEVELOPMENT); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:57 p.m. and the City Attorney read Ordinance No. O-01-24 by title. The Growth Management Director briefly described the changes made at the first reading which concurred with staff recommendation. Sheri Reichert and her mother, Irene Bush, expressed concern for the traffic load and increase in density in an area along the river adjacent to her mother's home. The Growth Management Director noted that the area to which she referred is in the unincorporated area north of the City of Sebastian. Being no further input, Mayor Barnes closed the public hearing at 8:03 p.m. Regular City Council Meeting October 24, 2001 Page Eight MOTION by Hill/Coniglio "1 move to pass Ordinance No. O-01-24." DRAFT The Growth Management Director responded to questions from Council. ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:04 p.m. and reconvened the meeting at 8:12 p.m. All members were present. 01.172 Ordinance No. O-00-05, CLUP Amendment to Industrial (IN) CNK, Inc, 14.85Acres LGMD Transmittal 10/17/01, 0-00-05, Application for Comprehensive Land Use Change, Location Map, Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA PROVIDING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO iNDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. TAPE I - SIDE II (8:15 p.m.) Mayor Barnes opened the pubic hearing at 8:15 p.m. and the City Attorney read Ordinance No. 0-00-05 by title. The Growth Management Director deferred to the applicant for presentation. Attorney Warren Dill, representing applicant CNK, Inc. and Chris Kirrie, presented documents for the record. He gave a brief history on Mr. Kirrie's presentations before Council dating back to December 1999, at which time City Council favored the request. He went on to further describe the application and approval process Mr. Kirtle went through up to approval in July 2001, and stated that subsequent to approval it was found that the City of Sebastian had not included school siting criteria in the Comprehensive Plan, thus Mr. Kirrie was required to go through the hearing process again and was denied. Mr. Dill advised that the applicant was now prepared to go forward with its full presentation. Regular City Council Meeting October 24, 2001 Page Nine DRAFT Mayor Barnes recommended that Council hear the public at this time and give Mr. Dill an opportunity to address any concerns expressed. The City Attorney advised that the record from prior proceedings could be formally adopted. Mr. Dill advised that there is new information to include: location, spot-zoning and access to bring forward tonight. Mayor Barnes suggested formally adopting the record from prior proceedings. MOTION by Hill/Majcher "So moved." ROLL CALL: Mr. Majcher Mr. Hill Mr. Coniglio Mayor Barnes Mr. Barczyk - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mark Snell, neighboring landowner, concurred with the applicant's land use request. Dan Maher, neighboring landowner, concurred with the applicant's land use request. Blakeman Smith, 7677 105th Street, Roseland, objected to the amendment. Ben Bishop, 8301 135th Lane, Roseland, objected to the amendment. Fred Mensing concurred with the land use request. Mr. Dill presented new information as cited in the exhibit packet (attached) and urged approval of the amendment. He cited the fact that the property was zoned industrial at the beginning of Mr. Kirrie's application process and there are no negative comments in staff recommendation and industrial zoned land is preferred next to a conservation district and at the end of a runway. Mr. Dill stated Mr. Kirrie has addressed the access concern. Mr. Dill further defined spot zoning. Chris Kirrie read an excerpt from a Press Journal article regarding Indian River County's heavy slant toward service jobs. He then described documents included in the exhibit packet. TAPE II - SIDE / (9:17p.m.) DRAFT Regular City Council Meeting October 24, 2001 Page Ten Mr. Kirrie continued his presentation pointing out nearby commercial and industrial neighbors in his exhibits, stated nearby property was once a dump and responded to questions from Council. Mayor Barnes closed the public hearing at 9:29 p.m. The Growth Management Director responded to questions from Mr. Hill relative to the application and staff report, and City Council discussion followed. The City Attorney stated that he believed any denial will be challenged, but that Council should be more concerned about what it believes is right rather than what the legal impacts may be. MOTION by Majcher/Barczyk "1 move to reconsider Ordinance No. 0~00-05 per applicant." The City Attorney clarified that this motion is to approve the ordinance. ROLL CALL: Mr. Hill - nay Mr. Coniglio - nay Mayor Barnes - nay Mr. Barczyk - aye Mr. Majcher - aye MOTION FAILED 2-3 14. COMMITTEE REPORTS/RECOMMENDATIONS 01.173 A. Parks and Recreation Advisory Committee 1. Cit~ Manager's Report (no backup) It was reported there are two applications so far. B. Plannin(~ and Zonina Commission Appointments 01.009 Interview and Aoooint APDlicant to Reeular Member Position - Fill Alternate Position If Necessary (City Clerk. Trans .m..itt..aL.1.0/16/01, Applications, Board Member List, Advertisement) Sheri Reichert stated she is a new Sebastian homeowner, community service oriented and would like to serve on the board. City Council considered Emil Svatik, Lisanne Monier and Sheri Reichert. MOTION by Barczyk/Hill "1 move to appoint Emil Svatik based on his experience and being the longest member on the board to the permanent position." ]0 Regular City Council Meeting October 24, 2001 Page Eleven ROLL CALL: Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye DRAFT MOTION CARRIED 5-0 MOTION by Hill/Majcher "1 move to appoint Shed Reichert as the alternate member to expire November 2004/' ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Pete Kahl, asked the council to form a panel to interact with regulatory agencies to receive information on stormwater efforts. C. Police Retirement Board of Trustee..s.,.A, ppointments 01.248 Interview and App.0int Applicants to Two Regular Member Positions (City Clerk Transmittal 10/17/01, Appli..c...~tions, Board Mem.b...er List, Advertisement) The Clerk announced that Jim Sexton, Human Resources Director for the City, is also interested in serving on this board. MOTION by Coniglio/Barczyk "1 like to make a motion that we appoint Mr. Taracka and Mr. Sexton-now they're both permanent members of the retirement board?- that is my motion." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 1] Regular City Council Meeting October 24, 2001 Page Twelve DRAFT 15. OLD BUSINESS 01.249 A. City of Sebastian Rotary Boardwa!..k. Sionaoe fCitv Manager Transmittal 10/.5/01, Rauth./. Judah Letter 10/4/01) Gene Rauth, Rotary Club, stated his letter of October 4th iS the presentation. MOTION by Barczyk/Majcher "1 move that we approve the Rotary Club change to read the City of Sebastian Rotary Club Boardwalk." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 01.191 B. Renaming of..i....Fellsmere Road (C.i.ty Manager Transmitta! 1.0.!10/01, Contest Results, Petition). The City Manager stated input was solicited from the citizens via the City newsletter and submitted petitions and the result is Sebastian Boulevard. Sal Neglia, Sebastian, concurred with Sebastian Boulevard. The City Attorney said if Council concurs with the renaming they would adopt a resolution naming the road within the city limits, Council could authorize a letter to the County asking them if it could be changed to 1-95, and it could become effective on the same date as the new area code goes into effect. MOTION by. Hill/Majcher "1 move to necessitate the appropriate action to rename County Road 512 Fellsmere Road to Sebastian Boulevard and send a letter to County requesting it be renamed from Interstate 95 to the River." ROLL CALL: Mr. Hill ~ aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 DRAFT Regular City Council Meeting October 24, 2001 Page Thirteen 01.172 C. First Readin,q - Ordinance No. O-01-22, ..R. ezoning CNK Inc. 14.85 Acres (GMD Transmittal 10/17/01, O-01-_.2_.2., Application for Rezonine, Location MaD, Staff R.e..po.rt and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 27 & 28, SECTION 30, FLEMING GRANT, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-22 by title and recommended Council to make a motion to deny this ordinance based on the action taken on the land use change. MOTION by Hill/Coniglio "1 would make a motion to deny on the previous issue with the land use change." ROLL CALL: Mr. Coniglio - nay Mayor Barnes - aye Mr. Barczyk - nay Mr. Majcher - nay Mr. Hill - aye MOTION FAILED 3-2 ' The City Attorney clarified that this ordinance could not pass because the land use change did not pass. MOTION by Hill/Coniglio "1 move to deny Ordinance No. O-01-22." ROLL CALL: Mayor Barnes ~ aye Mr. Barczyk - nay Mr. Majcher - nay Mr. Hill - aye Mr. Conigli0 - aye MOTION CARRIED 3-2 16. NEW BUSINESS 01.250 A. Authorize the City Mana(3er .tp Execute Collective Bamainin(~ Aoreement with ..C..o. astal Florida Police Benevolent Association, Inc. for Oct. 1, 2001 throueh Sept. 30, 2004 fHR Transmittal 10!!8/01, A§reement) The Finance Director and Human Resources Director briefly explained the agreement and that the PBA voted on this contract last Monday night. ]3 DRAFT Regular City Council Meeting October 24, 2001 Page Fourteen Mayor Barnes cited a scrivener's error on page 240, section 10.4. add "... similar situation has not occurred." The Finance Directed pointed out that Article 46 regarding substance abuse testing has been changed to reflect the Florida Statutes. Another scrivener's error the Mayor pointed out is on page 258, section 33.4, item B, should be "Any bargaining unit..." MOTION by BarczyldMajcher "1 move to authorize the City Manager to sign the Collective Bargaining Agreement between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc. for the period beginning October 1, 2001 through September 30, year 2004." TAPE//- SIDE I/(10:19 p.m.) ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 01.031 Resolution No. R-01-72 - Budget Amendment (Finance Transmittal 10/15/0!, .R;.0...1-72, 4th Quarter Budget Amendment Memo) A RESOLUTION OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-72 by title. The Finance Director briefly explained the budget amendment which creates a new special revenue fund for law enforcement which is state mandated. MOTION by Barczyk/Coniglio "Move to adopt Resolution No. R-01-72." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 ]4 Regular City Council Meeting October 24, 2001 Page Fifteen 01.251 C. 01.252 D. 01.253 E. DRAFT Approve the Contract for Schumann Drive/Barber Street Widening to Timothy Rose Contracting, Inc. in t.h.e Amount of. $.174,635.26 (Enclineerin~ Transmittal 10/12.../01., ..Bid Price Document) The City Engineer recommended award of the contract to Timothy Rose Contracting, Inc. and noted the construction will take place in the early part of next year. MOTION by Majcher/Hill "1 make a motion to move to award the contract for the widening of the intersection at Schumann Drive and Barber Street to Timothy Rose Contracting, Inc., of Veto Beach for $174,635.26." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 APDrove the Purchase of 2002 Chevy Cavalier from Garber Country in the Amount of $12,148 (En.aineerina Debt. Transmittal 10/12/01, Garber Co _u_..n. try Quote) The City Engineer stated the vehicle will be used by him. MOTION by Hill/Barczyk "Move to approve the purchase of a 2002 Chevy Cavalier in the amount of $12,148 for the Engineering Department as per the Florida Sheriff's Association & Florida Association of Counties Bid Award (01-09-0904)." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Approve the Purchase of Four Police Vehicles Pursuant to FSNFAC Bid #01-09-0901 from Florida Association of Counties in the Amount of $92,..628~00 ('PD Transmittal 10/18/01, Bid Award .A. nnouncement) Chief of Police, Jim Davis briefly clarified the vehicle purchase and noted there will be a request for a van and a pickup at the next meeting. DRAFT Regular City Council Meeting October 24, 2001 Page Sixteen MOTION by Barczyk/Majcher "Move to authorize the purchase of four 2002 Ford Crown Victorias from Duval Ford at a total cost of $92,628.00." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 MOTION by Hill/13arczyk "Mr. Barnes, I would move to extend the meeting to no later than 11 o'clock." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill ~ aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.167 Fo Approve Aclreement between the City and CGi Commu. nications, Inc.,..f. or Kiosk and Banner Program (City Mana.,qer Transmitta!..!..0/18/01, Agreement, 6/27/01 Meeting Backup__1 The City Manager noted there will be no cost to the City of Sebastian and invited the City Attorney to discuss the agreement. Mr. Stringer said the company will provide a kiosk and 50 banners in the first six months. The City Attorney responded to further questions from council. Mr. Hill stated he would like to see the banners spread throughout the City. Carolyn Corum, objected to the program stating it was not in good taste and noted exhibit A to the contract was not in the backup. The City Attorney recommended that paragraph 2 E be added to make the kiosk structure consistent with the City's riverfront architectural guidelines, and that Exhibit A is circle page 314. MOTION by Hill/Majcher "1 move to approve the agreement with Community Graphics, Inc. as presented, I'm sorry, as amended." Regular City Council Meeting October 24, 2001 Page Seventeen DRAFT ROLL CALL: Mr. Majcher Mr. Hill Mr. Coniglio Mayor Barnes Mr. Barczyk - aye - aye - nay - aye - nay MOTION CARRIED 3-2 17. Being no further items, Mayor Barnes adjourned the Regular Meeting at 10:40 p.m. Approved at the November 14, 2001 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio, CMC City Clerk HOME OF PEUCAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-01-77 FDOT Public Transportation Joint Participation Agreement/Construct T- Hangars Approved for Submittal by: City Manager Agenda No. 01_. 2 5 7 Department Origin: City Mana,qe.r Date Submitted: 10/24/01 For Agenda of: 11/14/01 Exhibits: R-01-77 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The City of Sebastian has received approval for funding for a total project amount of $500,000 with the State's funding share amounting to $400,000 for the construction of T-hangars from the Florida Department of Transportation. The proposed Resolution R-01-77 authorizes the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement. RECOMMENDED ACTION Move to approve Resolution R-01-77, authorizing the City Manager to execute the State of Florida Department of Transportation, Public Transportation Joint Participation Agreement for the construction of T-hangars. RESOLUTION NO. R-01-77 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding to construct T-hangars for the municipal airport within the City of Sebastian; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding, including a twenty percent (20%) match of funds; NOT THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 409864-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember into a vote, the vote was as follows: and, upon being put Mayor Walter Barnes Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Resolution duly passed and adopted this day of November, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney JEB BUSH GOVERNOR Florida Department of Transportation OFFICE OF MODAL DEVELOPMENT + AVIATION SECTION 3400 West Commemial Boulevard ~ Fort Lauderdale, Florida 33309-3421 · (954) 777-4490 THOMAS E BARRY, .IR. SECRETARY October 19, 2001 Mr. Jason Milewski Airport Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Milewski: Subject: Fin. Proj. No.: County: Description: 409864-1-94-01 Indian River Construct T-Hangam Enclosed are six (6) copies of a Joint Participation Agreement (JPA) for the subject project, The total project amount is $500,000,00 with the State's funding share amounting to $400,000.00, Five (5) copies are to be signed and returned to this office for further processing. The sixth copy may be retained for your files until the JPA has been fully executed. We will also need two (2) copies of a Resolution, with original signatures, authorizing the signing of the Agreement. Both Resolutions and Agreements must be original signature documents or properly certified copies. Please do not fill in the dates on the agreements as this will be done upon final execution by the District Secretary. ShoUld you have any questions regarding this Agreement, please call me at (954) 777-4404. Sincerely, Rebecca L. Rivett Aviation Coordinator Office of Modal Development encl CC; Nancy Bungo, District Modal Development Administrator Larry Merritt, Intermodal Transportation Manager www,dot.state,fl,us {;~RECYCLED PAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 409864~1-94-01 (Item-segment-phase-sequence) Contract No: Fund: DS Function: 637 Federal No: N/A FLAIR Approp:. 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No: VF 596000427008 Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of, , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Flodda, hereinafter referred to as the Department, and Citv of Sebastian hereinafter referred to as the AGENCY. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6). Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to Construct T-Hangars and as further described in Exhibit(s) A B~C& F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725.030-06 PUBLIC TRANSP ADMIN 07/01 Page 2 of 12 2.00 Accomplishment of the Project: 2.t0 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 500,000.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof, The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 400,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding ~i~/.~is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage ~ (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.t0 The Project Budget: A project budget shall be prepared bythe Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. FORM 725-030-06 PUBLIC TRANSP ADMIN 07101 Page 3 of 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a ileal invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the pedod of the Agreement and for three years after final payment is made, 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off=three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions orOMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 4 of 12 The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB cimular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Flodda Statutes and the applicable rules of the Executive Office of the Govemor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State FinanCial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Fiodda Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for .Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Flodda Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Flodda S.tatutes, and applicable Rules of the Auditor General to the Department and to: State of Flodda Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, Flodda 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.'/'0 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 5 of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, .33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Flodda Statutes. 8.13 For real property acquired, submit; (1) (2) (3) the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.2t Misrepresentation: The Agency shall have made misrepresentation of a matedal nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. FORM 725~O30-06 PUBLIC 'r'RANSP ADMIN 07/01 Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the A~ency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are othenNise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget withJn a reasonable time. The approval of a remittance by the Agency orthe closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the dght to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other matedal subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or pumhase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications 'of any consultant or contractor and to approve or disapprove the employment of the same. FORM 725-030.06 PUBLIC TRANSP ADMIN 07101 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed bythe parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with p~ovisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: '12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. in this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national odgin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forrns of compensation; and selection for training, including apprenticeship. TheAgency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. FORM 725-030-06 PUBLIC TRANBP ADMIN 07/01 Page 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency dudng his tenure or fo~ two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired pdor to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency dudng his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification bythe Agency that the project will be carried out in conformance with all applicable environmental regulations including the secudng of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated orliable hereunderto any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. '.' 14.40 How Agreement is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees'thatthe project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the ~..~,~s~fui life of said facilities or equipment. FORM 72.~-030-06 PUBLIC TRANSP ADMIN 07/01 Page 9 of 12 t4.71 Property Records: The Agency agrees to maintain property records, conduct physiCal inventories and develop control systems as required by 49 CFR Part 18, when applicable. - t4.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment dudng its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual indemnity: To the' extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees dudng the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees dudng the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available pdor to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for pedods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Flodda Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and rePort its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the pumhasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covedng the project. The Department will review all plans and specifications and will issue to the Agency whtten approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. FORM 725=030=06 PUBLIC TRANSP ADMIN 07/01 Page 10 of 12 16.00 Project Completion, Agency Certification: The Agency will certifl/in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for ti~e intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. '17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Flodda Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available pdor to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a pedod of more than 1 year." t8.00 Expiration of Agreement: The Agency agrees to complete the project on or before November 30, 2003 . If the Agency does not complete the project within this time pedod, this Agreement will expire unless an extension of the time pedod is requested by the Agency and granted in writing by the Distdct Secretary, Distdct Four Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time pedod will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute onein the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entedng into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. FORM 725-030-06 PUBLIC TRANSP ADMIN 07101 Page 11 of 12 The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. " 2t.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. if a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time pedod to health care providers, as defined by rule. Interest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a propedy completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cdme may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FORM 725=030-06 PUBLIC TRANSP ADMIN 07/01 Page 12 of 12 Financial Project No. Contract No. Agreement Date 409864.-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION A'I-I'EST: TITLE: .(SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) Fin. Proj. No.: 409864-1-94-01 Contract No.: Agreement Date: _ EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and Citv of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Construct T-Hangars SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: 409864-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and City of Sebastian Federal Partidpation: FAA, FTA, UMTA~ etc. Agency Partidpation: ImKind Cash Other Maximum Department Partidpation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) ........... Local Reimbursable (D...L). ................... III. TOTAL PROJECT COST: 0.00% $0 20.00°£ 80.00% $0 $100,000 $0 Exhibit C Page 1 of 2 Fin. Proj. No.: 409864-1-94-01 Contract No.: - Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and .... City .of .Sebastian Documents required to be submitted to the department by the Agency in accordance with the terms of this agreement. SUBMITTAL/CERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attorney's Certification Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Engineer Certification** Construction/Procurement Department Letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice to Proceed Department Letter Annual Audit Reports Agency Certification Completion Per Specifications Agency Certification Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 ** Criteda for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. Exhibit C Page 2 of 2 Fin. Proj. No.: 409864-1-94-01 Contract No.: ,Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit, Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation Projects · State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project, Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. FP No.: 409864-1-94-01 Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and City. of Sebastian I. GENERAL These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full fome and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. it holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. if an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. - It will make its airport available as an airport for public use on fair and reasonable terms. It will permit no exclusive dghts for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aedal transportation of passengers or property. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon. City of Sebastian, Florida Subject: Approve Road Closings for 5K Run Apprgved for. ~ubmittal by: Te~rren / re, C~ty'~-~, a~f //ren~,/r Agenda No. 01.2 5 8 Department Origin: Parks Supt. C/~is McCarthy ~~//6~ Dept. Head: Finance: ' / Procurement: Date Submitted: For Agenda of: Nov. 6, 2001 Nov. 14, 2001 Exhibits: None EXPENDITURE REQUIRED: N/A BUDGET AVAILABLE: N/A APPROPRIATION REQUIRED: N/A SUMMARY Girl Scout Troop 181 is having a 5K run fundraiser at Riverview Park on February 2, 2002 from 7:00 to 11:00 AM. Troop Leader Lana Riggle expects about 100 runners for the event. Ms. Riggle already met with Mr. Moore, Jim Davis and Chris McCarthy to discuss logistics for this event. We need Council approval for road closings at the intersections of Indian River Drive and Jefferson St., Main St., Washington St., Martin Ave., Cleveland St., Coolidge St. and Fellsmere Rd. RECOMMENDED ACTION Move to approve road closings for the intersections of Indian River Drive and Jefferson St., Main St., Washington St., Martin Ave., Cleveland St., Coolidge St. and Fellsmere Rd. on Saturday, February 2, 2002 from 7:00 AM until 11:00 AM. City of Sebastian, Florida Subject: Resolution No. R-01-78 Vacation of Easement - Medeiros Lots 2 & 3, Block 32, Sebastian Highlands Unit 1 Approved. for Submi_tta~.y;, ..... Agenda No. 01.2 5 9 Department Origin: Growth Management ~J~TH) 11/07/01 11/14/01 Date Submitted: For Agenda of: Exhibits: 1) R-01-78 EXPENDITURE REQUIRED: None 2) Staff Report ,3.),Site Map ...4.).Application 5) Utility Letters AMOUNT BUDGETED: [ APPROPRIATION None [ REQUIRED: None SUlVlMARY This is a request for a vacation of the side public utility and drainage easements located on the eastern five (5) feet of Lot 2 and the western five (5) feet of Lot 3, Block 32, Sebastian Highlands Unit 1, less the northernmost ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. Adopt Resolution No. R-01-78. RECOMMENDED ACTION City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5537 r~ FAX (561) 589-2566 TO: FROM: DATE: RE: Rich Stringer City Attorney Dorri Bosworth ~9 November 7, 2001 Resolution for Abandonment of Easement Please review the attached resolution for the abandonment of the side yard easements for Mr, & Mrs. Medeiros on Lots 2 and 3, Block 32, Sebastian Highlands Unit 1. If everything is okay, please forward to the City Manager. Thank you. :jk RESOLUTION NO. R-01-78 A RESOLUTION OF TIlE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 2 AND 3, BLOCK 32, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 558 Acacia Avenue within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The eastem five (5) feet of Lot 2 and the westem five (5) feet of Lot 3, less the northernmost ten (10) feet thereof, all being in Block 32, Sebastian Highlands Unit 1, as recorded in Plat Book 5, Page 15, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. ~ection 4. upon its adoption. The foregoing This EFFECTIVE DATE. All resolutions or parts of resolutions in resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Raymond Coniglio Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ., 2001. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attomey ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Lewis & Jaclyn Medeiros Requested Action: Abandonment of the side public utility and drainage easements located on the eastern five (5) feet of Lot 2 and the western five (5) feet of Lot 3, Block 32, Sebastian Highlands Unit 1, less the northernmost ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 558 Acacia Avenue Lots 2 & 3, Block 32, Sebastian Highlands Unit 1 Lewis & Jaclyn Medeiros 8 Horseshoe Drive Mount Laurel, New Jersey 08054 Ameron Homes, Inc. P.O. Box 780874 Sebastian, Florida 32978 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the eastem five (5) feet of Lot 2 and the western five (5) feet of Lot 3, Block 32, Sebastian Highlands Unit 1, less the northernmost ten (10) feet thereof. The owners wish to construct a single family dwelling on a double lot. b. Zoning: c. Future Land Use: d. Existing Land Use: Utilities Comments: a. Florida Power & Light: b. Southern Bell: c. AT&T Broadband: d. Indian River County Utilities: e. City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: RS-10 LDR Vacant approved approved approved approved approved none Approve Resolution R-01-78. Prepared by Date ACACIA AVENUE RIGHT OF WAY 20' ASPHALT ROADWAY ; s ~o'~olx~ w (P~) IlIO.i~'j~&M} SEP. 13.~001 ~:56AM BLDG DEPT SEBASTIAM N0.7~4 P.~ City bf Sebastian Development Order Application PermR ^~plic~,',n No.~ .Applicant (If not ow~ner, wrft~en authorization (notarized} from owner is mguinad) Name: MR AND MRS LEWIS MEDEIROS Addnass: 8 HORSESHOE DR MOUNT LAUREL NJ 08054 Phone Number. ( 856 ) 607 5620. FAg( Humbert E-Mail: Owner.(~ difl'emrrt from app!i~nt) Name: SAME AS ABOVE Addmss: Phone Numben( ) - FAX Numbec. ( ) E-Mail: IType of permit or action mque~-tecl: ABANDONMENT 0 F EASEMENT P~F..~SE COMPLET~ ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PSRMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAP~, SURVEYS, DRAWINGS, ETC. SHALL BE A~-TACHED AND 81/2' ay 11" COF~ES ~F ANY ATTACHMENTS SHALL BE INCLL/nf~I~. A'r~ACH ~HE AFPEOPR[AT~- SIJpPLEMETAL INFORMATION FORM. A, Project's Name (if applicable): B. Site information Address: 558 ACACIA AV SEBASTIAN ....... Lot: 2&$ Blocl~ 32 Unit: ? Sul:~livi$ion: SEBASTIAN HI.LANDS Indian ~er Cou~ Pa~l ~ 01-31-38-00002-0'320-00002.0 ~oning Cla~ifi~on: F~um ~nd Use: F. xistlng Use: Proposed Use: VACANT LAND SINGLE FAMILY ~ C. Description nf proposed activity and purpo$~ of the tuque, steal per, it or actian (att~tch e~-~ sheets if necessary)'. ABANDON THE EASEMENT BETWEEN THE TWO LOTS, CONSTRUCT 'A SINGLE FAMILY HOME IN THE CENTER 0 F THE TWO LOTS DATE RECEIVED: [ 0 /"[ ~' / 0 f FEE PAID: $ [ 2. 5', oa RECF__JVtED BY: [ Form CD..£O0'I ~-~vi~ion: P~_._1 of 3 ~nt Application Permit ,,D. Pro~ec~ Personnel: Agent: At~ERON iHOMES'. I,.NC Name: 'WI. LLIA~iT'BROGNAN0 AddrP._<~ P0 BO~ 78'0:874 Phone Numiaer: (567) '589, - 12'99 SEBASTIAN FL '32978.-0874 FA~X NumbeC ( 561 )'589 1304 ~-Maih Attorney: Name: Addm~ Phone Numbec ( FAX Number:. ( ) E-Mail: I E._ngineer: Name: Address Phone Number:. ( ) FAX NumJae~ { ) - E-Maih SU rv'E~Ol": Name: DANIEL W TALBOTT 7 PROFESSIONAL SURVEYOR & MAPPER Add~ 2'066 '14tk AV SUITE 102 9 VER0 BEACH FL 32960 1,). . FAX Number:. ( ) Phone Numbe~. ( '56 569 ' '8'884 561 564 2071 E-Mail: LEWZS AEDE~-ROS ' [, JACLYN M MEDEIROS ,BE]NG I~RST DULY SWORN, DEPOSE AND SAY THAT:, X)(X I AM THE OWNER I AM THE LEGAL REPRESENTATIVE CF THE OWNER OF THE pROPERTY DESCRIBED WHICH'k~ THE SUBJECT MATTER OF ~HiS APPtJCATSON, AND THAT ALL THE INFORMAT]OH, MAPS, DATA AND/OR Si<ETCHES PROVIDE;O IN THIS .APPtJCAT1ON ARE ~WOR~?OANDSU~CmBED~EFO~E~¥ JACLYN M AND LEWIS MEDEIROS ~O I~ ~-.ON^ggY ~ow~ TO ME o~ P~ODUCE~) ~RSONLL~ KNOW~ .... ~,,: .... SEPTEMBER , ~0~ /~ '~'-& 'RAV~NA MICHE~LF B~KIFV NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPiRATiON SEAU Ravina Michelle Barkley MY COMMISSION # CC8089~5 EXPI~t:S February 5, 2002 §ONDED THRU TROY ~AIN INSURANCE INC. PaRe2 Revision: I Rio Name: Dca ~ 9:S6AM BLDG DEPT SEBASTIAN M0.724 P.4 Perm~ Applica~on Ne. The following is required for all comprehensive plan amcndments~ zoning amendment (including rezoning), site pla~, conditional use permits, special .se permits, variances, . exceptions, and appeals, J/WE, X THE OWNER(S) THE L,~GAL R£PR~SENTA'TTV~ oF THE owNER OF THE PROP~]~TY DESCRIBED WHICH IS THE SUBJECT OF THIS APPUCAT1ON, HEREBY AUTHORFZ~ ~.ACH AND EVERY MEJ~BF-~ OF THE BOARD/COMMI.S~;IQN OF THE O~'Y OF SE]~ST[AN ~r'HE 'BQARD'J"COMMtSSION") TQ PHYSICALLY ENTER UPON THE PROPERTY AND V~EW THE PRQPF.~TY IN CONNECTION WITH MY/OUR PENOING APPLICATION. I/'vVE HEREBY WAIVE ANy OB, JEGT1QN OR DE~-m'-=.NSE I/W~ MAY HAVE, DUE TO TNE QUASl,-,JUD[ClAL NATURE OF THE PROCEEDINGS, RE-~ULT3NG FROM ANY ~OARD/COMMI$$tQN MEMBER ENTERING QR V~EW1NG TNE FR(31~ERTY, iNCLUDING ANY CLAIM OR A~$ERTtON THAT MY/OUR PROCF=.DURAL OR SUBSTA~ DUE PROCES~ RtGNTS UNDER THE FLORIDA CON.STI~UTTON QR THE UN[l-ED STATES CONS'ITOJ'T]QN WERE VtOLA'I'=-D BY SUCH ENTERING OR VIEW1NG. THIS WAIVER AND CON~ENT 15 BEING SIGNED ~ MF--tU$ VOLUNTAriLY AND NOT AS A RESULT OF ANY COERCION APPL[~, CE PROMISES MADE, BY ANY ~PL~, S~m to and subs~bed who s pemonally kno~ to. me or pmduc~ PE~ON/l V ~NOwN aside~fi~fion, t~is ~Tt~aay of SEPTEMBER ~ , ~ 20~1 Seal: Development Apptlca~,~n Name: pen'nit Applic,~on Supplemental Information Easements, vacation of Describe the easement to be vacated (provide a legal description, if possible): ABANDON THE EASEMENT BETWEEN THE TWO LoTS IN ORDER TO BUILD A SINGLE FAMILY'Ht?MF - .......... 2. Why is this vacation of an easement being request? TO CONSTRUCT A SINGLE FAMILY HOME 3. A~ach a survey thawing the location of the property lines, all easement~ and all ..~-tructures on the property. [ ~ CD-2009 Revi.~ion: I IRie Nanle: 5~1489622~ 2:38Pm~BLDG DE-PT SEBASTIAN ST LUCIE SVC PAGE ~. ;/2 City of Sebastian 1225 lVl~lSI STIiEET ?- SEBASTIAN, FLORIDA 32958 TELEPI'IONE (561) 5~9-5537 F FAX (561) $89-2566 REQUEST FOR ABA_NDQi~MKNT OF~ASEM~NT October 22, 2001 Description of Kasement to I~ .haxadonefl: The public utiliry end drainage ease~nent located on " ~hc '~ five (5) feet of Lot 2 and thc ~ five (5) feet of Lot 3, Block 32, Sebastian Highlands Unit 1, less the e~stemrnost ten (10) £eet thereof. Location ot Easement: 558 Acacia Avenue, Sebastian. Florid~ UTILITY: Pedro Rubiera, FPL APPROVED: ~ DENIED: APPROVED/DENIED BY: 9~~.~~' ~ (signature) COMMENTS: FAX NO: (561) 489-6224 R. ctum to: Dom Bosworth. City of Sebastian, Growth Managcrnent Department Fax No, (561) 589-2566. ~DG D~T' 5~ASTIAM MO.~ OCT.EB.E001 City of Sebagdan i225 MA.IN STREEF [] $~BASTIA_~, FLORIDA 32951/ TELF_PHONE (561) 5~9-5537 [] FAX(561) 589-2566 REOUEST FOR A.BANDO~OFEASElI~ENT Octol~r 22, 2001 Deseription9f Euem.e. nt to be abandone~!: The public utility and draina§c easement located o~ the ~ five (5) fe~t of Lot 2 and the ~ five (5) fc~t of Lot 3, Block 32, Sebastian Highla~fls Unit 1, less the easy.most tea (10) feet thereof, Loeatlon of UTILITY: APPROVED: _ -' (sig~amr~) APPROVED/DE~ BY: COMMENTS: l~tltm to: Dorri Bosworth, City of Scba~a~ O'rowth Management Department Fax No, (561) 589-2566. ii, /2001 13:35 1s61589~20s CITY OF SEBASTIAN PAGE 01 TELEPHONE (-~6~} 889-~&37 i, FAX ($~1) $E~9-2~66 ~OL~T FOR ~B_,~DO~N"f OF' ~ASEIM~NT October 22, 2001 Descrimto~ of Easemertt to be abanflo~ed: The ~blie u~W md drainage e~em~r laca~d on 0~e east~ five (5) feet of Lot 2 ~ ~ we~em five (5) fe~ of Lot 3, BI~ 32, Seb~tim Highl~ Unit 1, less ~le n~~ost ~m (10) fee~ ~[ Location of E!Isement: $ 5 8 Ac~ia Avenue, Sebastian, Florida UTILITY: Ralph Brescia., City Engineer ' (si amre) FAX NO: $$%6209 COMME~S:, ~e. tu~n to: Dorri Bosworth, City of Sebastian, QrOW-U5 N~r, ag.mnent Depg.m'nent Fax No. (561) 589-2566. il/1[/2001 09:11 5617705143 IRC UTILITY HOME OT i:'~l~ ISLAND 1225 MAIN STREET · SEBASTIAN, ;:LORIDA 32958 TELE~PHONE (.~6tI 589-$.-~7 · FAX. (~$61) PAGE 02 . _RE_QtYEST FOR AKa. _ .NDONMEiNT OF EASEMENT Oc~ok ~r 22= 200i :.;_~_~_.~.~,;c, intion, of Easemen~ to be abandoned: Thc public utih'ty and drain~e easement Ioc~tcd cn ~e eastern five, ($) feet of Lot 2 and the western five (~) feet of Lot 3, Block 32, Sebastian Highlands Unit 1, le~.~ the northemmo~ ten (10) feet thereof, La~m i.o.n a£~Easement: 558 Acacia Avenue, Sebastian, Florida UT'IL [TY: Kevin N. Osthus, I.R.C. Utilities AP.Pl~ OVED: ~ DENIED: ~(sigaam~) COM~ VIENTS: FAX NO: DAT~: 770-5143 Dorri Bosworth, City of Sebasfiau, Growr. h Management Departunent FaxNo. (561) 589-2566. 8449 TCI CABLEVISION ~DG DCPT S~EaSTI~N SE AS HOJ~ OF PEUICAN ISLAND 122.5 MAIN STREFI' I SEBASTIAN, FLORIDA 32958 TELEPHON~ (~61) $89-5~$7 ~ FAX ($61) ~89-9-$6& HO.407 ~]003/003 .1~, OUEST FOR ABAN'D_ONMISNT OF'EASE1ViENT October 22, 2001 Descrip__tion. of~asement to .b.e abandoned: The public utility mad flralrage easement loca/:d on the eastern five (5) feet of Lot 2 and the western fiv~ (5) feet of Lot 3, Block 32, Sebas~a_n Highlands Unit 1, less the northernmost ten (10) feet thereof. Location of,lSas, ement: 558 Acacia Avenue, Sebastian, Florida UTiLITY: APPROVED; Craig Bowers/Cookie Shaw, AT&T Broadband FAX NO: 567-8449 / DEN]ZD: DATE: / APPROVED/DENIeD BY: COMMENTS: P. eturn to: Dorri Bosworth, City of Sebastian~ Crrowzh Managemen~ D~p~ment Fax No. (561) 589-2566. 11×0%~2001 13:28 ~. P. ENGINEERING -~ 156i589~566 . 7. ~001 l: 14PM BLDG DEPT SEEASTiAN N0.~69 ~001 1225 MAIN STREET · SEBASTIAN, FLORIDA 3:2988 T~LEPHONE (~;6'I~ $89-5S37 · FAX (S61) $89-2566 REOUEST FOR ~A~D_ _ONMENT OF EASEMENT October 22, 200I Descriotion._ of Easement to be abandoaed: The public utility ~ud dzmimtgc eazement loc~ on · e ~ five (5) ~ of Lot 2 ~d ~¢ ~s:~ five (5) ~et of Lot 3, Blo~ 32, Seb~i~ ~ds Unit 1, less ~e no~ost ten (l O) ~at ~fi Location of Easement: ~58 Acacia Avenue, Sebastian, FlorkLa UTILITY: Kir~ell South APPROVED:,. ~ DE~IED: z~fi _ APPROVED/DENIED BY: ~~~ (sigmtrare) "~--' FAX NO.. $61-466-$6-~1 DATE: / COMMENTS: R~al-n to: Dorri Bosworth, City of Seb~;tian, Growth Management Department Fax No, (561) 589-2566. City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. 01.260 Subject: Resolution R-01-79, correction of scrivener's error Date Submitted: 11/9/01 For Agenda of: 11/14/01 SUMMARY: In the applications for rezoning, land use designation and annexation for the Davis parcel, a single term in the legal description was mis-scribed by the applicant. This scrivener's error made its way into the final versions of the ordinances and needs to be corrected. Full notice of the correct map and survey were given, so no prejudice resulted. RECOMMENDED ACTION: Move to adopt Resolution R-01-79. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE~: RESOLUTION NO. R-01-79 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DIRECTING CITY CLERK TO CORRECT SCRIVENER'S ERROR CONTAINED IN ORDINANCES O-01-09, O-01~10 AND O-01-18; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. W]ItEREAS, the City of Sebastian in recent months enacted Ordinances O-01-09, O-01-10, and O-01-18 processing the annexation, land use designation and zoning classification of an eighty acre enclave in Section 18, Township 31 South, Range 39 East known as the Davis Parcel; and WHEREAS, throughout the public notice and public hearing process an accurate map and survey containing the correct legal description of said property was utilized; and WKEREAS, the applicant had inadvertently transcribed the legal description incorrectly on the application for these various City actions, and this scrivener's error was then perpetuated in the legal description utilized in the text of the final adopted form of said Ordinances; and WHEREAS, the City Council of the City of Sebastian hereby finds that fair and full notice was provided to the public and to our sister jurisdictions through the utilization of the correct maps and surveys for the subject parcel, that all parties involved fully understood the correct and actual location that was the subject of these proceedings, and that the inclusion of the single incorrect term in the legal description contained' in these Ordinances was a mere scrivener's error which resulted in no prejudice to the parties or public; and WHEREAS, the City Council of the City of Sebastian determines that it would be in the public interest to direct the City Clerk to prepare corrected copies of said Ordinances to eliminate the scrivener's error; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIlE CITY OF SEBASTIAN, as follows: Section 1. CORRECTION OF ORDINANCE O-01-09. The City Clerk of the City of Sebastian is hereby directed to prepare and distribute a corrected version of Ordinance O-01-09 removing the scrivener's error such that Section 1 thereof shall read as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: The West ~ of the Northeast ~ of Section 18, Township 3J South, Range 39 East in Indian River County, Florida. Section 2. CORRECTION OF ORDINANCE O-01-10. The City Clerk of the City of Sebastian is hereby directed to prepare and distribute a corrected version of Ordinance 0-01-10 removing the scrivener's error such that Section 1 thereof shall read as follows: Section 1. PROPERTE The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: The West ~ of the Northeast Il4 of Section 18, Township 31 South, Range 39 East in Indian River County, Florida. Section 3. CORRECTION OF ORDINANCE O-01-18. The City Clerk of the City of Sebastian is hereby directed to prepare and distribute a corrected version of Ordinance O-01-18 removing the scrivener's error such that Section 1 thereof shall read as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: The West ~ of the Northeast ~ of Section 18, Township 31 South, Range 39 East in Indian River County, Florida. Containing 80 acres more or less Section 4. CONFLICTS. All conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. immediately upon its adoption. resolutions or parts of resolutions in This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of November, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney HOME OF ~CR~ ISLAND City of Sebastian, Florida ISubject: Travel for Councilman Hill Agenda No. Exhibits: Department Origin: Finance~~- Date Submitted: November 8, 2001 For Agenda of: November 14, 2001 · Consent Agenda page from June 13, 2001 meeting authorizing travel. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: SUMMARY Pursuant to the City's Travel Policy, Section VI. 4., a Voucher for Reimbursement of Travel Expenses form is required to be filed no later than forty (40) days from the conclusion of travel to receive a reimbursement. This time frame was made for the purpose of receipt of credit card statements supporting the expenditures for which the request is made. Due to a problem with Councilmen Hill's Credit Card Company, his statement was delayed over thirty days from the time it was supposed to be received, therefore, authorization for a deviation from the policy, which was adopted via Resolution R-00-03 needs to be made in order to make reimbursement. RECOMMENDED ACTION Move to waive the Section VI. 4. and authorize reimbursement for travel associated with attendance at the Florida League of City Conference in August for Councilmen Hill due to extenuating circumstances. Regular City Council Meeting June 13, 2001 Page Five 11. CONSENT AGENDA All items on the consent agenda are consi~lered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 01.152 01.153 Approval of Minutes - 5/23/01 Regular Appropriate Sufficient Funds and Approve City Council Travel to FL League of Cities Annual Conference in Orlando 8/23/01 - 8/25/01 (City Clerk Transmittal 6/7/01, Conference Info) Resolution No. R-01-44 Authorizing the City Manager to Apply for Funding from Indian River County Children Services Advisory Committee for the Truancy Intervention Program in the North County Area (Police Transmittal 6/7/01, R-01-44) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE INDIAN RIVER COUNTY CHILDREN SERVICES ADVISORY COMMI'I-rEE FOR THE TRUANCY INTERVENTION PROGRAM IN THE NORTH COUNTY AREA 01.154 Sebastian River Art Club - Request to use Riverview Park for annual art shows (City Clerk Transmittal 5/29/01, Application) Mr. Barczyk removed item C for discussion. Mayor Barnes called for a motion for approval of items A, B, and D. MOTION by Hill/Majcher "So moved." ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mr. Barczyk asked if item C will be an ongoing expense or if the County will pick it up at a later time. The City Manager replied that the City hopes to have a partnership in place with the School District. Mr. Barczyk also expressed concerns that the elementary children were being targeted. The City Manager replied that he has been working with the School District on expanding certain programs. City of Sebastian, Florida Subject: Open Purchase Order for Sod Approved for~ubmitt_al~A~ T e r rf n'e~M~//~ r e, C~~/~ Agenda No. 01. !. 8 6 Department Origi~;~/P~ V~dr~ Dept. Head: Finance: General Services: Date Submitted: 10/19/01 For Agenda of: 11/14/01 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $18,000 $18,000. REQUIRED: $ 0 SUMMARY The Public Works Department would like to process an open purchase order for non project related sod purchases on an as needed basis. This purchase order will be used for replacement sod on individual drainage complaints completed and not associated with a large project. The City has a sod contract with fixed prices with B and T Sod of Sebastian. RECOMMENDATION Move to approve the open purchase order to B and T Sod. Subject: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida - Sovereignty Submerged Lands Lease Renewal and Modification to Reflect Current Upland Owner Agenda No. 01.2 61 Department Origin: Date Submitted: 11-01-01 For Agenda of: 11-14-01 Exhibits: BOT Master Lease No. 311537314 EXPENDITURE REQUIRED: ] AMOUNT BUDGETED: IAPPROPRIATION REQUIRED: SUMMARY Since the acquisition of the property known as Good Guys, Inc., the Department of Environmental Protection, Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, is requesting that the City of Sebastian execute the proposed Sovereignty Submerged Land Lease Renewal and Modification to reflect the current riparian upland owner. ~COMMENDED ACTION Move to authorize the Mayor to execute the Department of Environmemal Protection, Board of trustees of the Internal Improvement Trust Fund of the State of Florida Sovereignty Submerged Land Lease Renewal and Modification to reflect the current riparian upland owner. jeb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 David B. Struhs Secretary October 10, 2001 City o£ Sebastian Atto: Terrence Moore, City Manager 1225 Main Street Sebastian, Florida 32958 BOT Lease No. 311537314 Lessee: City of Sebastian Dear Mr. Moore: After an audit and review of this file, staffhas noted that a lease modification for the City of Sebastian was never executed. Therefore, enclosed is a lease modification msmament, which requires acceptance by notarized signature of Walter Barnes as Mayor (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the names of the person executing the insmmaent, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature. Please note that the file reflects that you have requested a fee waived lease. Some information was requested and received. In addition, though, a copy of a 'Srevenue/expenditure report (financial statement) for the city is required. Please provide this report along with the executed lease. Also, I was unable to locate any where on the intemet any mention of the city government and who is currently the Mayor. Our legal counsel requires proof of who the Mayor is. Please provide minutes or an affidavit naming the current Mayor. Please execute and remm the enclosed instrument and any additional information requested within 30 days after receipt of this letter. Upon receipt and acceptance, and review and verification of the revenue expenditure report, we will transm/t the lease instrument for final departmental execution. A fully executed imtmment will be provided to you for recording in the county in which the facility is located. Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to contact me at the letterhead address (Mail Station No. 125) or at (850) 488-2297. Sincerely, //9 , .. ,;¥ M. Sue Jones, Planner Bureau of Public Land Admimstration Division of State Lands /msj Enclosures (Lease) By certified mail "Adore Protection, Less Process" gnnted on recycled paper. This Instrument Prepared By: M. Sue Jones Recurnng Revenue Section Bureau of Public Laud Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL I~ROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL AND MODIFICATION TO REFLECT CURRENT UPLAND OWNER No. 311537314 PANo. 31-125751-001 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and comphance with all terms and conditions stated herein, the Lessor does hereby lease to the Cit~kof S~bastian. a Florida municinal c.ojp.otation, hereinafter referred to as the Lessee, the sovereign lands described as follows: A parcel of sovereign submerged land in Section 06, Townskip 31 South. Range 39 Bast, in Indian River, Indian River County, containing 25,600 square feet, more or less, as is more paninularly described and shown on Attachment A, dated June 17, 1992. TO HAVE THE USE OF the hereinabove described premises from November 30, 1999, the effective date of this modified lease renewal, through November 4. 2002, the expiration date of this lease The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPER..Ty: The Lessee is hereby authorized to construct and operate a ~4-slip: docking facility, exclusively to be used for lllooring of recreational vessel?, access to and in conjunction with an upland ~. with fueling facilities, ~ a sewage pumpout facility, and without liveaboards as defined ia paragraph 24, as shown and conditioned in Attachment A, and the Department of Euvironmental Protection, Environmental Resource Permit No. 31-125751-00~, dated March 9, 19..~8, incorporated herein and made a part of this lease by reference. The constmctiun of the structures described ia Attachment A shall be completed by ~. The failure to complete the construction of all the authorized structures by Maxcb 9, 2003, shall constitute a breach of the lease causing the lease to automatically terminate upon the expiration of the renewal term and this lease shall not be renewed. All of the foregoing subject to the remaining conditions of this Lease. 2. AGREEIv~IT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises onll for those activities specified herein and as conditioned by the Department of Enviroranental Protection, Environmental Resource Permit. The Lessee shall not change or add to the approveduse of the leased premises as defined herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wetslips, from rental of wet, lips to eantraetual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, fi:om loading/offioading commercial to rental ofwetslips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit, Or shall not change the type of use of the riparian uplands without ftrst obtaimug a regulatory permit/modified permit, if applicable, and th{ Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any stmctnses which may no longer qualify for authorization under the modified lease. [02] 3. PROPB~ The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all tire and interest to said land hereinbefore described is vested in the L~ssor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Less¢c's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold. 4. I'iqTEREST IN PJ.~.ARIAN UP.LAND PROPERTY: DUring the term of this lease, the Lessee shall maintain a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may bc terminated at thc option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lassee's upland property interest of the existence of this lease and all its t~rms and conditions and shall complete and execute any documents required by the Lessor tt effect an assignment of this lease, fi`consented to by the Lessor. FailUre to do so will not relieve the Lessee from responsibilit for full compliance with the teams and conditions of this lease which include, but are not limited to, payment of all fees and/or pe~mlty assessments incurred prior to such act. 5. ASSIGNMENT OF LEA~F~.' This lease shall not be assigned or othc, rwisc transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, niles and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 6. INDElvlNIFICATION/INyI~STIOATION OF ALL.CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Bach party is responsible for all personal injury and property damage attributable to the neghgent acts o on~is.~ions of that party and'tha officers, cmployeas and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section ?68.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. ?. ~ Lessee waives venue as to any litigation arising from matters relating to this lease and any such. litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 8. NOTICBS/C_QlvlpLIAN~I~/TERMINATIOIq: The Lessee binds itself, its successors and assigns, to abide by thc provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, it successors and assigns. In thc event the Lessee fails or refuses to comply with thc provisions and conditions herein set forth, or in the event tire Lessee violates any of the provisions and conditions herein, of fails or refuses to comply with the provision and conditions herein set fortlr within 20 days of receipt of thc Lessor's notice to correct, this lease may bc terminated by the Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative roles shall be sufficient if sent by U.S. Mail to the following address: The City of Sebastian 1225 Main Street Sebastian, Florida 32957 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 9. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or ~pecial assessments or taxes of every kind and description which are now or may bc hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 10. NUISANC]~ QR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupanc are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. Page ~ ofl4 Pages Sovereignty Submerged Lands Lease No. 3~ 1537314 11. MAINTENANCE.DI?. FACILITY/RIGItT TO INSPECT: The I.,cssee shall maintain thc leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. Thc leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 12. NOIq-DISCILIMINATION: Thc Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the arcs subject to this lease or upon lands adjacent to and used as an adjunct of the leased area, DUring the lease term, the Lessee shall post and maintain thc placard famished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Les'sec. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided, 13. ENFOKCEMENT.O.E t~0VISIONS: No failure, or successive failures, on thc part of the Lessor to enforce any provision, n~r any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the' Lessor to enforce the same upon any renewal thereof or in the event of subsequent broach or breaches. 14. PEKlV_IIS$ION GRANTEI)i Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 1S. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that t/me. In the event that Lessee is in full compliance with the terms o£thls lease, the Lessee may apply in writing for a renewal. Such appl/cation for renewal must be r~ccived by Lessor no sooner than 120 days and no later than 30 days prior to the exp/ration date of the original or current term hereof. The term of any renewal granted by the Lessor shall comrormce on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affn'mative covenant upon the riparian upland property more specifically-described in Attachment ~B, which shall nm with the title to said riparian upland property, and shall be binding upon Lessee and Lesscc's successors ia title or successors in interest. 16. ~MOVAL OF STKUCTUt~$/ADMINIST1LATiYti FINES: If the Lessee does not resnovc said structures and equipment occupying and erected upon the leased premises after expiration or cancellation 5f this lease, such stxuctures and equipment will bc deemed forfeited to thc Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address speciticd in Paragraph 8 or at such address on record as provided to the Lessor by thc Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative £mes. 17. tLEMOVAL COSTS/LIEN ON RIPAKIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal of uny structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of thc Lessee in its riparian upland property enforceable in summary proceedings as provided by Law. 18. tLECORDATIOlq OF LEASE: The Lessee, at its own expense, shall record this fully ~xecuted lease in its entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor within ten (I0) days following the recordation a copy of the recorded lease in its entirety which contains the O.K. Book and pages at which the lease is recorded. 19. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to coroply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 20. A1V~NDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acla~owiedged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee rosy install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility, Page ~ of 14 Pages Sovereignty Submerged Lands Lease No, 311537314 21. ADVt~RTISEMENT/SIGNS~ON-WATER DEPENDENT ACTMTIES/A_D. DITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIgS..; No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurani or dining activities are to occur within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures md/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent fi:om lhe Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to admim'strative fmcs undo[ Chapter 18-14, Florida Athninistrative Code. This condition does not apply to minur structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by tiffs agreement. 22. ACOB AUTHORIZATiQN..;. Prior to commencement of construction and/or activities authorized h~tcin, the Lessee shall nbtain the U.S. Army Corps ofEngiueers (ACOE) permit if it is requked by the ACOE. Any modifications to the construction and/ur activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement, of construction and/or any activities on sovereign, submerged lands. 23. COMPLIANCE WIT}I FLOKIDA LAW.. ~: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative roles promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with thc use of the leased premises shall be grounds for the termination of this lease by the Lessor. 24. LiVEABOAKDS: The term "liveaboard' is defined as a v~sel docked at the facility and Lnhabited by a person or persons for any five(5) consecutive days or a total of mn(10) days within a thirty(30) day period, if livcaboards are anthurizcd by paragraph one(l) of this lease, in no event shall such 'liveaboard' status exceed six(5) months within any twelve(12) month period, nor shall any such vessel constitute a legal or primary residence. 25. GAM~: During the term of this lease and any ~'~newais, extensions, modifications er assignments thereof, Lessee shall prohibit the operation of o~ entry onto the leased premises of gambling cruise ships, or vessels that are nscd principally for the purpose of gambling, when these vessels are eak~aged in "cruises to nowhere," where thc sltips leave and return to thc state of Florida without an intervening stop within another state or foreign country or waters witlnn the jurisdiction of another state or foreign country, and any watercraf~ used to carry passengers to and from such gambling cruise ships. 26. SPECIAL LEASE C01qDITIONS: A. Lessee shall maintain for the term of this lease and any subsequent renewal periods the manatee infonmtionsl display and manatee awareness signs. B. Lessee shall permit no more than 32 powered vessels to be moored at the facility at any given time. C. The Lessee and marina operations staff shall ini'orm all slip occupants in writing of the availability and requireraant to use the sewage pumpont facihties provided on the uplands. D. Lessee shall prohibit any mooring, on either a temporary or permanent basis, to the main access docks (250-foot lengths). To ensure comphancc, the Lessee agrees to place and maintain (1) a 3-foot high railing along the structures; and (2) signs advising boaters that mooring either on a temporary or permanent basis is prohibited. E. Lessee shall procure aquatic preserve placemats fi:om artwork and specifications provided by the Office of Coastal and Aquatic Managed Areas (g50.~88-3456). The Lessee shall use these placemats in any restaurant on thc uplands for at least one year duiiug this and any subsequent renewal periods. F. Lessee shall maintain the existing shoreline in a natural condition free and clear ofmanmade trash, debris, flotsam and jetsam for the term of this lease and any subsequent renewal periods. Natural seagrass litter, mangrove leaf litter, or detritus shall not be removed. G. Waterborne vessels moored at the facility, on with a temporary or permanent basis shall be liraited te vessels with a minimum six-inch clearance between the draf~ of the vessel and thc submerged lands. Page 4_~of 13 Pages Sovereignty SUbmerged Lands Lease No. ~11537314 WITNESSES: Original Signatn~e Prinff'rype Name of Witness Original Signature Print/Type Name of Witness BOARD OF TRUSTEES OF THE INTERNAL IMPROVElvI~NT TRUST FUND OF THE STATE OF FLORIDA BY: (S~,L) Accy L. Stinson, Operations and Management Consultant Manager, Bureau of Public Land Admlnislxation, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal improvement Trust Fund of the State of Florida "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing hmlrument was acknowledged before mc this ~ day of ,20 ..... by Ace,/. L. Stinsom Operations and Mapa~e, ment Consultant Manager, Bm~...u. of public Land Administrati0rh .Di,/i.~iqn of State ]~.and~ Department of EnvixonyaeJat. al Protection, as agent fer and.,on behalf of the Board of Trusmeso£ the Internal Improvement Trust Fund of the State o£F10rida. He is personally known to me. APPROVED AS TO FORIVl AND LEGALITY: DBP Attorney Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Bxpi~es: Commission/Serial No, WITNESSES: · ~i..tv of Sebastian. a Florida municiml coroorafion A'SFAL) Original Signature Typed/Printed Name of Witness Original Signature BY: Original Signature of Executing Authority Walter Barnes. Typed/Printed Name of Executing Authority Mayor Title of F~ecuting Authority Typed/Printed Name of Witness "LESSEE" STATE OF. COUNTY OF The foregoing hmmrnent was acknowledged before me this day of ,20 , by Walter Barnes as Ma¥~r, for and on behalf of City of Sebasti~.~,.0 Florida municipal corporation. He is personally known to me or who has produced , as identification. My Commission Expires: Notary Public, State of ....... Commission/Serial No. Printed, Typed or Stamped Name Page 5 of 1t Pages Sovereignty Submerged Land Lease No. 311537314 0 1S.-RN~ .,59F- NORTHWEST QUA.JTE~ INDIAN RIVER CO.~ F~ ~RIDA ROSEATE TWR$OS,- RN6.'59 E. pELICAN,~ , t : osEv£ PAULS '' QUARTER $[£ PAa£ ~4 OF 'I'WP. SI$.-RNG.~gE. UNITED INDIAN RIVER PACKERS, Inc. ,,Packers and Shippers of Orchid Island and Indian Rioter Citrus" _ .,~::::: ........ :. -.. (407) 589.4387~ ................... :"~ 4310 77 Street Corner of Old U.S. Hwy. 1 and Hobart Road p.O. B ,rida All:lchme,l A P}~gt' ti o1' 13 Pages s:s:l ,I. NC). 311_~37314 DESCRIPTION (LEASE AREA NORTH) A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASIIAN, INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY D£SCRIBED AS FOLLOWS : COMMENCE AT THE £AS1 RIGHT-OF-WAY 'L'iNE OF. OLD DIXIE ~IGHWAY (80~ R/W) AND THE' CENTERLINE OF HARRISON SlREET (BO' R/W) ACCORDING lO PLAT OF "EDGEWATER PARK" AS RECORDED IN PLAT BOOK 1, A1 PAGE 23 OF THE PUBLIC RECORDS OF )NDIAN RIVER COUNTY. FLORIDA; lHENCE N 70°47'58'' E, ALONG THE CENTERL]NE OF SAiD HARRISON STREET OF wHICH THIS PORTION HAS BEEN ABANDONED, A DISTANCE OF 173.51 FEET TO THE FACE OF A BULKHEAD; IHENCE S 16~42'12" E, ALONG THE SAID BULKHEAD, A DIS- lANCE OF 69.29 FEET; THENCE S 14°53'46'' E, ALONG lHE SAID BULKHEAD, A DISTANCE 55.12 FEET TO lHE POINT OF BEGINNING; THENCE N 77045'25" E, A DISTANCE OF 250.14 FEET; IHEHCE N 12"14'35" W, A DISTANCE OF 22.00 FEET; N 77°45'25" E, A DISTANCE DF 252.00 FEET; lHENCE S 12"14'35" E, A DISTANCE OF SO.OD FEET; THENCE S 77~45'25" W, A DISTANCE OF 252.00 FEEl; THENCE N 12°14.'35'' W, A DIS- lANCE OF 22.00 FEEl; THENCE S 77"45'25" W, A DISTANCE OF 249.86 FEET TO THE SAID BULKHEAD; 1HENCE N 14"53'46" W, ALONG THE SAID BULKHEAD, A DISTANCE DF 6.00 FEET TO THE POINT OF BEGINNING. 14,moo D E S C R I P T ] 0 N (LEASE AREA SOUTH) A PARCEL OF' LAND SITUATE IN SECTION 6, TOWNSHIP 31 'SOUTH, RANGE 39 EAST, C]lY DF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE EAST.RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY (80' R/W) AND THE CENT£RLINE OF HARR]SOR STREET (BO' R/W) ACCORDING TO PLAT OF "[DGEWATER PARK" AS RECORDED IN PLAT BOOK l, Al PAGE 23 OF lHE PUBLIC RECORDS OF )NDIAN RIVER COUNTY, FLORIDA; THENCE N 70"47'58" E, ALONG THE CENTERLINE OF SAID HARRISON STREET OF WHICH ~NIS PORTION HAS BEEN ABANDONED, A DISTANCE OF 172.51F£ET TO lHE FACE DF A BULKHEAD; THENCE S 16~42'12'' E, ALONG THE SAID BULKHEAD, A DIS- TANCE OF 69.29 FEET; THENCE S 14°53'46'' E, ALONG THE SAID BULKHEAD, A DISTANCE 193.71 FEET TO THE POINT OF BEG)NNING; THENCE N 77o45'25" E, A DISTANCE OF 250.14 FEET; THENCE N 12~14'35" W, A DISTANCE OF 22.0D FEET; N 77"45'2S" £, A DISTANCE DF 200.00 FEET; THENCE S 12°14'35'' E, A DISTANCE DF SO.O0 FEEl; THENCE S 77~45'25'' W, A DISTANCE OF 200~0D FEEl; lHENCE N 12~14'35'' W. A DIS- lANCE OF 22.00 FEET; THENCE S 77"45'25" W, A DISTANCE DF 249.86 FEEl TO THE SAID BULKHEAD; 1HENCE N 14~53'46'' W, ALONG lHE SAID BULKHEAD, A D]SlANCE OF 6.00 'FEET TO THE POINT OF BEGINN]NG. tz,~ sR. FEET, ~E OR Page 7 oE 13 Pages SSI,I, NO. 311537314 ' W ri:. OLD DIXIE HIGHWAY - 80 R.O... ..Mtachmenl A Page 8 o1' 13 Pages SSI,L NO. 311537314 --~--IN DIAN~R IVE R~- /\( ( ~1¢J11)1l.'11| SSi,I, BI(). 311~37314 t Allachmen( A Page 10 of 13 Pages SSI,I,..N.O. 311.~3,.7314 .2.0z P~*~c I I ~d' 13 P:tges ,Alt achmenl ,& Pnge 12 of 13 Pages SSI,., NO. 311537314 97g B~achland Blvd. llOCUMENIAIII' · ~,{~ o,O ,. ·DE[O $ ~ .~: ~. ,,., ~,.:~. '..' ' ,~;; ~r...~"~',-'- ,. , NOTES "'~''~' '"~ "' .iEFFItE¥ ~. t~t~m~, CLERK INI)I^N RIVEi( IN THE RECORD~ OF dEFFREY ~ BARTON CLERK CIRCUIT COURT INDIAN RIVER CQ. F~ l~nrocl il) Number: 06-31-39-00020-01i0-00001/0 Warranty Deed GOOD G~S/ IRC., ~ ~orporation existing Under the la~s of the State of Florida .. 0r m~ C0un~ or Indian ~ver , s~t, 0f Florida CITY OF SE~TI~t a municipal corporation existing uhder ~ 'laws of the State of Florida ., , wha~ ~a~s is: 1225 Main S~reet, Veto ~each, Florida 329~8 S~t~ or Florfda ~ grantee. or ~,c CoU.~ of. Indian ~ver ,, ~itlleSS~tll flint ~s ORANTO~ for and tn cmgd~e~on oflhe mm of ,- ....... TEN DOL~S · ($10) DO~8. and othsr good and wlu~lc co.titration t~ O~OR la b~'pdd ~ ~, ~m m~lpt w~f i~ h~ a~owl~B~, gmnt~d, b~cd ~d ~ld ~ ~ snld o~g ~d OR~'8 he~s, ~enors and as~m fom~, ly~g ~d bciflg in tiro Coun~ of ~n ~ $~ of F[O~ ~ ~t: Lo~s ~ ~2t IB~ ~4 and ~5~ .Bio~'gr an~' the ~o=~h ~/2 Jefferson Street bounded on the West by the" Southerly projection of the West line of L6t 15, Block 11, and bounded on the South ~ the center line of the '80 foot' abandoned right of way extended from its intersection with the pro~ection of the West line of Lot 15 to the West right of way line to Old Dixie Highway. ~D ~SO, Lots i through 5, Block 11, and the South 1/2 of an . a~andoned Harrison Street right of way ~ten~ng Eastward. from the .East line of Old Dixie 'Highway to the edge of the Indian ~ver. ~D ~S0 the North 1/2 of abandoned jefferson Street richt of way extending fr°m Old Dixie Highway eastward to th~ Indian ~ver; ~1 lying and being in EDGEWATER P~ SUBDIVISION, accotone to the plat thereof as recorde~ in Plat Book 1, Page'23, 'p~lio records of Indian ~ver County, Florida. Subject to easements of record and taxes after 1999. Subject to, and the 'Grantee ass~es all responsibility'f~r and holds the Grantor harmless from, any as~'essments or. assessment .liens relating to the ,,~verfront Water: Project" of the Ci~ of, Sebastian. m~d tim' grantor dom h~by ~lly mat Ihu lill* to a,id land. and will d~d ihs s~ aga~st law~l cla~a of all per~s whom~e~r. GOOD O~S se~led and delivered in our presence: o ;/; 'Witness Wi tn e s S ,Allflchme.! I} .... 'Page 13 o1' 13 Pages SSil, NO, 31 !~ 7314 STATE OF Florida .'~ COUNTY OF Indian River · Tho forcgoh]l~ inaWoment wns ~cBmwlcdgod huciano Cortesa, Vice Pr~ziden~ of Good Guys, corporation ~inted hm 1 City of Sebastian Subject: Police Pension Board of Trustees Exhibits: Expenditure Required: Agenda No. 0].. 248 Department Origin: City Clerk ~ Date Submitted: 11/06/2001 For Agenda of: 11/14/2001 Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council recently appointed Richard Taracka and James Sexton as the two resident members to the Police Pension Board of Trustees, and Lieutenant Gene Ewert and Officer Dennis Hovasse were reappointed as the two PD employee members in accordance with Section 58-51 of the Code of Ordinances and Chapter 185 Florida Statutes. All terms are for two years to October 1, 2003. Code Section 58-51(a)(3) states "A fifth member, elected by the other four members of the board, to be appointed by the city council as a ministerial duty, for a two year term.." The four members met on November 5, 2001 and reappointed A.L. "Rappy" Perez, Jr., CLU as the fifth member for a two year term to October 1, 2003. Appointment of the fifth member by the Council is strictly a ministerial duty and no interview is required. RECOMMENDED ACTION Reappoint A.L. "Rappy" Perez, Jr. CLU as the fifth member of the Police Pension Board of Trustees for a two year term to expire October 1, 2003. City of Sebastian, Subject: Purchase of Diesel Fuel requirements for FY 2001 Terrence R. Moore, City Manager Florida Finance Dept.: Date Submitted: For Agenda of: Agenda No. 01.262 Department Origin: ~.~.~,~..___._ October 31, 2001 November 14, 2001 Journal Entries, 2001/2002 Projections EXPENDITURE REQUIRED: $ 22,971.00 AMOUNT BUDGETED: $ 23,500.00 IAPPROPRIATION REQUIRED: NONE SUMMARY The City of Sebastian along with approximately another twenty-five agencies has been a participant in the Treasure Coast Fuel Co-op where Indian River County had the leading role for ten years. As result &this, the City of Sebastian has been acquiring low sulfur diesel fuel on an as needed basis from Port Consolidated under Cooperative Agreement subject to the terms and conditions of Indian River County Contract # 6-14137. During FY 2000/2001 the low sulfur diesel fuel consumption was 13,751 gallons; however, half of the total amount was used during the last four months due mainly to the addition to the fleet of eight major units (five trucks, two excavators and one loader). The estimated usage for FY 2001-2002 is 20,150 gallons. This amount was determined by projecting the consumption of the last four months over a twelve-month period. As St. Lucie County School Board has assumed this month the leading role in the Treasure Coast Fuel Co-op, there will be some delay establishing new contracts. Consequently, the Indian River Contract # 6-14137 has expired and a new contract will not be in place for several months. However, Port Consolidated has agreed to maintain the same conditions for another year with an optional two- year renewal. The average price per gallon during the last four months was $1.14. If the average fuel price remains the same, the anticipated expenditures for FY 2001 (for 20,150 gallons) are $ 22,971. Staff reconunends awarding a contract to Port Consolidated to supply Iow sulfur diesel fuel during FY 2001/2002. RECOMMENDED ACTION Move to authorize staff to award a contract to Port Consolidated to supply low sulfur diesel fuel during FY 2001/2002, subject to the terms and conditions of Indian River County Contract # 6- 14137. BUDGET 2001-2002 GAS & OIL - 535260 DEPT O1OOO5 O1OO1O 010041 010042 010043 010044 010045 010047 010048 010051 010052 010054 010056 O1OO57 010059 010080 010085 450110 2001/2002 Proiections 1,606 405 874 1,066 38,075 3,667 1,760 7,068 629 52,510 4,336 30,995 1,666 1,704 14,198 1,034 377 2,679 1,440 Estimated Expenditures 1,327 335 1,086 37,487 1,133 4,211 43,917 3,583 25,615 1,377 1,408 11,734 854 312 2,214 48O 2000/2001 Bud~ 800 500 1,000 27,000 2,400 3,500 33,900 2,500 25000 900 1500 4500 600 900 1,800 800 1999/2000 Expenditures 1,177 437 997 33,895 444 3,929 39,265 3,727 28,518 1151.97 1,279 5,677 794 781 2,194 1998/1999 Expenditures 165 34,796 2,260 23,934 743 812 4,427 575 1,397 2,119 HOME O~ PI~LI~t ISLAND Subject: Sale of Forfeited Boat forS b: ' Manager Agen~ 7 ~ ~gin~- ~~arunent General Services: Finance Dept.: Date Submitted: November 8, 2001 For Agenda of.' November 14, 2001 Exhibits: DETAILED VESSEL INFORMATION EXPENDITUR~ REQUIRED: None AMOUNT BUDGETED: None APPROPRIATiON REQUIRED: None SUMMARY On May 22, 2001, The Sebastian Police Department along with the U.S. Marshal Service arrested an individual who was living on a boat at Semblers Marina. The boat was forfeited to the Sebastian Police under State Statute 932.701-932.704. A clear title to the vessel ("Betsea") was obtained from Tallahassee after which an attempt was made to sell the boat through sealed bids (bid opening was October 1, 2001 ~ 2:00 P.M.). As part of the sales effort, a special advertisement was place in the classified section of the Press Journal''Boats For Sale" section, in addition a legal advertisement was placed in the Press Journal, and local Marine Sales & Service firms were contacted for maximum exposure. No bids were received at bid closing. Over a month after bid opening deadline, an offer to purchase the boat was made byMr. Jeffrey Mann in the amount of $2,500 with a 10% security deposit contingent on City Council authorization of the agreement. It should be noted here that the City is currently paying Sembler Marina, where the boat is being kept, at a mooring charge of $201.70 per month, so time is of the essence. After Mr. Mann made his offer, another offer has been submitted by Mr. Vernon Slavens in the amount of $3,500, in which the City is under no obligation to take any action (because no formal discussions at all had transpired with Mr. Slavens regarding this matter). Richard's Marine, Inc., Wabasso, Fl., provided an appraisal of the vessel Betsea, utilizing the N.A.D.A. Marine Appraisal Guide, showing a low book of $6,500, average $7,900, and high of $8,900. Their on site inspection of the vessel Betsea revealed an overall condition value low to average. It should be pointed out that book values can be very subjective and they are only a guide. Any money from the sale will be used to pay outstanding costs related to the storage and maintenance of the boat. Any remaining balances will be deposited into the Law Enforcement Forfeiture Special Revenue Fund. Stafffeels that City Council has several options it may consider as outlined under recommended action. We appeal to any direction from you regarding this matter. RECOMMENDED ACTION Consider moving to waive the current purchasing ordinance procedure for sale of surplus City property, (as no bids were received utilizing this procedure) and authorize sale of the forfeited vessel named Betsea to Mr. Jeffery Mann in the amount of $2,500. Consider moving to deny sale of the vessel Betsea to Mr. Jeffery Mann, return the 10% good faith deposit to him, and move to authorize Staffto rebid the sale of vessel Betsea. Consider moving to deny sale of the vessel Betsea to Mr. Jeffery Mann, return the 10% good faith deposit to him, and move to authorize Staffto auction the vessel Betsea at the next scheduled auction of surplus City property. 4. Consider other actions that the City Council may deem appropriate. DETAILED VESSEL INFORMATION 1987 Imperial Family Cruiser, Model 260FC, 29' LOA, 10' Beam w/Swim Platform Hull No. ALSPY049L687 Engine No. B583102 Transom No. 0B616365 Mercury Cruiser 260 tip Stern Drive, Stern Drive No. 3907047 100 Gallon Gas, 37 Gallon Water Supply (25 plus 12) Sleeps Six (6) Full Cabin, Including Dinette, Stove (Electric/Alcohol), Sink, Head, Shower, AM/FM Cassette, Cabin & Cockpit Speakers, 600 W Power Inverter (runs TV & Fan), 5000 BTU Air Conditioner Dual Voltage (120V & 12V) Refrigerator, Hot Water Heater Propane Grill, Microwave, Ice Chest, Three (3) Battery House Bank Pressure Washer System, Shore Power Depth Recorder, VHF Radio & Antenna Trim Tabs, Morse Controls, Remote Control Spotlight Dual Batteries with Marine Charger Self Feeding Lower Unit Oil Reservoir Three Bilge Pumps (all Automatic Float Activated) High Speed and Low Speed Props, Inflatable Dingy Kits: First Aid, Flare, Fl. East Coast Charts, Life Preserve & Galley Utensils Engine Hours Year Hours Cum. 1988 110 110 1989 35 145 1990 48 193 1991 42 235 1992 18 253 1993 18 271 1994 40 311 1995 22 333 1996 0 333 1997 0 333 1998 30 363 1999 8 371 20OO 9 380 ( to date) FiON&E OF PELICAN ISLa~ID Subject: Consultant Agreement Agenda No. 01.02 8 between Tischler & Associates, Inc., and the City of Sebastian regarding Department Origin: General Services: ~u~"_.. ~~ Annexation Feasibility Finance Dep '~?-~-'--r-~r'-r--~--t(.~-~~ _(d__o~__,31. ' ubrm'~b~Ci~ Manager ff'~~""'/'- .... Date Submitted: 11-07-01 -- ' ~ For Agenda of: 1 1-1 4-0 1 Exhibits: Proposed Consultant Agreement between the Tischler & Associates, Inc., and the City of Sebastian. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $28:900.00 010080-53B120 - Growth Management REQUIRED: $27,200.00 SUMMARY In May, 2001, Mr. Paul Tischler, Tischler & Associates, Inc., prepared and presented to the City Council an Annexation Feasiblity Report to determine what types of activities would be feasible to undertake in order for the City to better understand the various issues regarding annexation as well as the cost of development. The attached proposed Agreement between Tischler & Associates, Inc., and the City Of Sebastian commissions Tischler & Associates, Inc., to perform the scope of services for the preparation of a Prototype Land Use Fiscal Analysis. The total cost of the Prototype Land Use Fiscal Analysis is $23,900.00. RECOMMENDED ACTION Move to authorize, the City Manager to execute Consultant Agreemem between Tischler & Associates, Inc., and the City of Sebastian to perform the scope of services for the preparation of a Prototype Land Use Fiscal Analysis, in the total mount of $23,900.00 CONSULTANT AGREEMENT BETWEEN TISCItLER & ASSOCIATES, INC. AND CITY OF SEBASTIAN, FLORIDA THIS AGREEMENT, entered into this ~ day of of Sebastian, Florida, hereinafter called the "City", and Tischler called the "Consultant", ,2001, by and between the City and Associates, Inc., hereinafter WI:~,REAS the City is in need of certain services; and WHEREAS the Consultant has expertise in fiscal and economic analysis and related activities. NOW, TH~EREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party to the other, it is hereby agreed as follows: 1. The Consultant shall provide those services to the City as more particularly identified in the attached Exhibit "A". 2. In performing the services identified in the attached Exhibit "A", the consultant shall perform all steps necessary to the full and effective performance of the tasks specifically referenced in Exhibit 3. Consultant shall provide sufficient qualified personnel to perform all services as required herein, including but not limited to inspections and preparation of reports, as reasonably requested by representatives of the City. 4. (A) The term of this agreement shall be from the date of execution of the Agreement, and shall terminate upon the completion to the satisfaction of the City of the services specified in Exhibit "A", Shall not be unreasonably withheld. (B) Notwithstanding the foregoing, this Agreement may be terminated by the City upon ten (10) days written notice, with or without cause. If this Agreement is t~nuinated, the Consultant shall be paid for services performed to the date of Consultant's receipt of such termination notice. 5. Any notices to be given by either party to the other must be in writing, and personally delivered or mailed by prepaid postage and certified mail, at the following address: City: Terrance R. Moore, City Manager, City of Sebastian, 1225 Main Street, Sebastian, FL 32958. Consultant: Paul S. Tischler, Tisehler & Associates, Inc., 4701 Sangamore Road, Suite N210, Bethesda, IVID 20817. Facsimile number 0 01)320-4860. 6. This Agreement is non-assignable by the Consultant and its subcontractors. 7. The City shall pay to ConsUltant the mounts indicated in Extn'bit "B." Payment will be made by the City within 30 days of receipt of invoice. 8. This Agreement shall be construed under the laws of Florida. 9. This Agreement and Exhibits "A" and "B" represent the entire and integrated Agreement between the City and the Consultant and supersede all prior negotiations, representations, or agreements, either written or oral. This Agreement may be mended only by written instrument signed by both the City and the Consultant. Written and signed amendments shall automatically become part of the Agreement, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 10. In the event any provision of the Agreement shall be held to be invalid and tmeaforeeable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provisions, terms, conditions, or covenant shall not be construed by the other party as a subsequent breach of the same by the other party. 11. The Consultant hereby agrees to indemni~ and hold harmless the City, its departments and divisions, its employees and agents, from any and all claims, liabilities, expenses or lawsuits caused by the Consultant's breach of contrae~ or the negligent performance by Consultant (or by any person acting for the Consultant or for whom the Consultant is responsible). 12. The consultant shall secure and maintain during the life of this Agreement, insurance coverage which shall include comprehensive general and automobile liability in the amount of at least $1,000,000.00 coverage with an insurer acceptable to the City. Consultant shall also maintain errors and omissions insurance in the amount of at least $250,000.00 for the duration of the contract and a period of two years after completion of the contract. Consultant shall provide the City with proof of such insurance in a form acceptable to City upon request. 13. No oral orders, objection, claim, or notice by any party to the other shall affect or modify any of the terms or obligations contained in the Agreement, and none of the provisions of this Agreement shah be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing. No evidence of modification or waiver other than evidence of any such written notice, waiver, or modifications shall be introduced in any proceeding. iN WITNESS WHEREOF, the parties have caused the Agreement to be signed by their duly authorized representatives as of the __ day of ., 2001. ATTEST: (SEAL) CITY OF SEBASTIAN Sany A. Maio, CMC, City Oerk BY: Terrenee IL Moore, City Manager Approved as to form and legality for reliance by the City o£ Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the Presence of: Name: Sallie; CONTRACTOR Paul S. Tischler Tisehler & Associates, inc. 2 EXHIBIT A WORK SCOPE The following tasks are suggested for preparing a prototype land use fiscal analysis. Task 1. A~r~e on Prototwe Land Uses to be Considered Possible prototype land use categories will be discussed and agreed upom Examples could be: Land Use Category ~esidential: Single-family High Value Single-family Medium Value Single-family Low Value Townhouse Multi-family (2/3-Story Walk-up) Nonresidential: Industrial Flex/i,000 sq. ft Office/1,000 sq. ft Retail/I,000 sq. ft Work Product: Memorandum Discussing Prototype Land Uses Task 2. Onsite Interviews Meetings with appropriate personnel will be held to obtain information utili~ng the appropriate allocation methodology. All relevant cost and revenue factors will be reflected. Work Product: See Below Task 3. preoare Cost and Revenue Factor Assumption Document The relevant cost and revenue factor assumptions will be prepared in a table format showing the category, the allocation methodology and the amount on a per capita employee and/or a per housing unit/1,O00 nonresidential square feet basis. A narrative will also be provided. This will be sent to the City for a review and sign-off. After any mutually agreed changes are made, the next task will proceed. Work Product: Cost and Revenue Factor Assumption Document 3 Ta.~k 4. prepare Prototype Land Use Fiscal Aha ,lysis Based on the above tasks, a succinct cost and revenue analysis report will be prepared. There will be graphs as well as tables showing the net surplus or deficit for each of the land use categories (up to 10). In addition, there will be sections on the fiscal implications of the findings and strategies and recommendations. This should be beneficial to the City in understanding the appropriate mixes of different types of land use. The report will be easy to understand and comprehend and will have appropriate graphics. The table of contents may be as follows: Executive Summary Average Annual Results by Prototype Fiscal Implications A dratt report will be provided to the client for review. Alter mutually agreed changes are made, a final report will be sent. Work ]'roduct: Prototype Land Use Fiscal Analysis Report Task 5. Presentation There will be one presentation of the Prototype Land Use Fiscal Analysis results (and impact fees if conducted simultaneously.) Work _Product: Materials and Graphics as Appropriate 4 EXHIBIT B: COST The cost for the prototype fiscal analysis is as follows: TASK COST Task 1: Agree on ?rototype Land Uses to be $1,500 Considered Task 2: Onsite Interviews $5,200 Task 3: Prepare Cost and Revenue Factor $7,100 Ass ,~ption Document Task 4: Prepare Prototype Land Use Fiscal $8,300 Analysis Task 5: Presentation $1,800 Subtotal $23,900 HOM~ O~ P[LiCAN ISLAND City of Sebastian, Florida Subject: Camco Final Payment Agenda No. 01.01£ Department Origin. j, City Mana~l.er Dept. Head: Finance: ~/~.~ Procurement: Date Submitted: 11/06/01 ForAgenda of: 11/14/01 Exhibits: Exhibit A Camco Final Payment Analysis including Change Orders Memo From City Engineer to City Manager Re: Camco Final Payment Camco Detail of Restroom Cost Additions and Subtractions EXPENDITURE REQUIRED: Camco- $56,926 In-House $1,452.18 BUDGET AVAILABLE: $47,802.70 APPROPRIATION REQUIRED: $10,575.48 Background With the completion of the bathroom facilities at Hardee Park, the Yacht Club and the Barber Street Sports Complex a final payment is due Camco, Inc. The final payment is $9,123.30 above the original agreed upon contract fee of $150,305 due to the on site field change orders that were necessary in an effort to improve the facilities and satisfy certain requirements of the state Department of Environmental Health regarding the septic tank drainfield system at the Barber Street Sports Complex. These items are listed in the attached correspondence. It is noted that the final payment includes the field order changes as well as work accomplished in accordance with the original contract recommendation documents. In addition, costs associated with in-house installation of hand towel, soap and toilet dispensers of $1,452.18 will require an appropriation in addition to the amount above. SUMMARY Move to authorize Change Order 1, encompassing summary Change Orders A-S, increasing w ~ contract ith Camco Inc. $158,831 for the three bathroom facilities constructed at Hardee Park, the Yacht Club and the Barber Street Sports Complex, and appropriate $10,575.48, contingent upon full and complete release from Camco, Inc. CITY OF SEBASTIAN CAMCO Final Payment Analysis including Change Orders November 6, 2001 Exhibit A Contract Amount Change Orders per list: Change Order A Change Order B Change Order C Change Order D Change Order E Change Order F Change Order G Change Order H Change Order I Change Order J Change Order K Change Order L Change Order M Change Order N Change Order O Change Order P Change Order Q Change Order R Change Order S Sub-total Revised Total Amount Amounts Paid to Date Amount Due Budget Balance Inc(Dec) in Budget Add costs of and to install Hand Towel, Soap & Toilet Paper Dispensers Total Amount to Appropriate Hardee Yacht Sports Park Club Complex Restroom Restroom Bathroom Totals 50,194.00 53,462.00 44,849.00 148,505.00 2,400.00 2,400.00 6,255.00 6,255.00 3,220.00 3,220.00 333.33 333.33 333.34 1,000.00 (1,433.33) (1,433.33) (1,433.34) (4,300.00) (600.00) (600.00) (600.00) (1,800.00) (350.00) (350.00) (350.00) (1,050.00) 300.00 300.00 300.00 900.00 834.00 834.00 834.00 2,502.00 (2,106.00) (2,106.00) (2,106.00) (6,318.00) 1,215.oo 1,215.oo 1,242.00 340.00 340.00 1,922.00 225.00 225.00 225.00 675.00 60.00 60.00 120.00 280.00 280.00 560.00 1,610.00 1,610.00 760.00 760.00 375.00 375.00 280.00 280.00 3,835.00 (1,242.00) 7,733.00 10,326.00 54,029.00 52,220.00 52,582.00 158,831.00 40,500.00 33,100.00 28,305.00 101,905.00 13,529.00 19,120.00 24,277.00 56,926.00 11,752.70 19,506.00 16,544.00 47,802.70 1,776.30 (386.00) 7,733.00 9,123.30 484.06 484.06 484.06 1,452.18 2,260.36 98.06 8,217.06 10,575.48 Memom d From: Date: F~e: Terrence P,. M¢/~r~City Manager Ralph N. Bres~'ia 'PE, City Engineer November 5, 2001 Camco Final Payment Pursuant to our discussion and your request, attached please find for your approval the final payment as submitted by Camco for three restrooms. Please note that this final submission by Camco includes items added as a result of requirements by Environmental Health for septic system installation and changes which were needed as a requested by Engineering, Public Works and Parks Departments. Attached also is a memo January 10, 2001 indicating estimated contingency costs as well as an explanation sheet compiled by Burr on each item added or deleted, dated October 26, 2001. /mydocumentsfinalcam¢o /sg Restwom CQs~ Additions ~ Hardee Park Lower septic tank and add dosing system plus three $2,400 manholes; health dept.'ct~anged top-of4ank elevation from 21' to 2g'; bldg. slab ajay. was designed and installed based on the 2T etev. Yacht Club Ne~ Chan_~e install septic system at BSSCN: tach, spec. called for waste Lsystem "by others" because top-of-tank olay. and possible need for dosing system were not Known prior to signed contract Ceiling at BSSCN changed from sheet rock to 8'x5/4" PT ¢,~\ (~.?~ decking; paint ceiling; change was initiated by Parks Dept.~'- to pmctuae vandalism Sub~E~e Vulken Deck Sy~em for 5cupo~¢ Tudcoat Sealer_ ~floor ~em; Ecupo~ Sy~em ~s a cost savings sugge~edQ~ by a diffem~ cont~or, not by Camco ub~me green gypsum boa~ f~r ~g cyp~s ~ ~ Wall hung ~er closes w/exposed flush valves ~ ) Copper p~mbing per spec (no PVC sub~itute ~ (Change om drinking foun~ins; 'drinking fou~ain model number in plumbing schedule was ~on¢; not reffidge~¢d }Elimin~e: toilet paper, pa~r t~el and soap dis~n~m; ($2106) Ci~ ~uld supply from janitor supply co. [~) Stucco and paint interiar ent~nce ~lls; neither the d~ngs _ ,/~or tach s~cs specified tremment of e~nce ama conc ~toc~; these bloc~ ~m the plain mar side of split face bloc~ and required a finish; painted mucco ~s specified $834 ($2,1 $1,215 $3,22.O $834 ($2,106) $1 (~4,300) ($1,8o0) ($1,050) $900 Spec door frames; doors that were called out in door sched $1,242 came with door frames; they were not the frames called [.L% out in the tach spec and Camco was directed to install the~..) ~,~')spec frames; they had atready installed doore at Hardee ~" Park and had to remove and replace frames $34O $340 [~)~Attic access; none was called out on the drawings; it was $225 nitially installed at the Yacht Club to remedy an electrical['A4 ~1 conduit muting problem, but was atso considered to be a worthwhile addition so an attic access was added to all three restmoms ('~ainted vent blocks to match split face block; not in [~*) $6[::) $225 $225 $60 or on drawing; directed by eng. dept. Painted facia; tech spec called for sealer to be applied to $280 .~*~cectar faci~.; plain wood facia didn't look good so decision~:~') L (_~/was made to paint facia Stucco on entrance walls was initially dire=ed to match .. .$1,610 ~.\$plit face block look; it looked terrible so Camco was ~*~./~lire~ed to change to a smooth stucco and paint to match · plit face C(-~rainfield at BSSCN had to be modified to satisfy Health $760 opt. and Park Dept. director (_.~;~) C ~Paint stucco interior entrance walls _NRepaint doers at Hardee Park to match interior doors $280 Contract C~mnd To~aE $508 $280 $375 $9,483 ($5,250) $10,326 $148,505 ] $158,831 General Contracting / _~lain~enance Service 56t-23~-9300 561-77(;6484 561-770-9691 TO: CIT~z OF SEBASTIAN RESTROOM COST ADDITIONS A_ND SUBTIL~CTIONS FOP. IJ_A_RDEE P_&RK, YACI!T CLUB BARBER STREET SPORTS PARK. ITEM/REASON II_AP, DEE PAtlK YACHT CLUB .BSSC ALL Lower septic tank and add dosing system S 2,400 plus three manholes, changed elevation Installation of septic, system m BSSC/W Tech specialist needed not known prior {,DJ · to signing of contract for need o£ dosing system. $ 6,255 Ceiling at BSSC/x~ changed from.sheet rock to PT decking. Paint ceiling; Change'was initiated by Parks Dept. (-~"5 ' ' · $ 3,220 Substituted 5;ulken Deck System for Turf; coat Sealer Floor System (._f)) Substituted peen gypsums board for t/g cypress board. CE:) '$1,000 (54,300) ZI ,i,,ated Handry rs Wall Hung Water Closet w/expose flush valve ). -COpper plumbing per spec (no 'PVC substitute) (/4) Change out Drinking Fountains to refrigerated fountain. ~') $ 834 5 834 5 834 (si,goo). (51,050) 5 900 Bi/minuted toilet paper, paper towels aztd soap dispensers. (~7-) 5(2,106) 5(2,106) $0106) 5135 U.S. Highway 1 · Yero Beach, Flonda 32967 General Contracting / Maintenance Se~ice 56t-234-9300 56D770-648~ ~ax) 561-770-969] !TEM/R_EAS ON Stucco and painted interior entrance walls for Yacht Club. Spec door flames installed. Removed and replaced door fi:ames at Hardee Park. Painted Vent Blocks to match. ~) S 60 Painted Facia '(.O) $ 2'80 Stucco 'on entrance walls changed.(/°) $1,610 Dr~/nfield at BSSCN modified. ~) $ 760 Painted stucco interior entrance Repainted doors at Hardee Park. C.g) $ 280 ~EE P~RK 1,242 YACHT CLUB $1,215 .$ 340 ,BS'SC $ 340 225 6O 280 $ 375 ALL TOTALS $ 5,5.85 9,483 $ 5,250 PAGE TWO 5135 u.s. Highway 1 · Yero Beach, Florida 32967 HOME OF P~IC/~q iSLAND ............. City of Sebastian, Florida Subject: r 'forSa '.al ...... '~Fe'~rence R(.2~oore, Cit~ Manager Agenda No. 01.2 5 2 Department Origin: Finance Dept.: General Services: ~ Date Submitted: November 5, 2001 For Agenda of: November 14, 2001 Exhibits: Florida Sheriffs Association & Florida Association of Counties Bid Award Announcement (01-09-0904) Documents EXPENDITURE [ AMOUNT BUDGETED: APPROPRIATION [ REQUIRED: $ 30,398.00[ $ 34,862.00 REQUIRED: SUMMARY The Police Department Capital Outlay funds in the FY 2001/2002 Budget approved by City Council includes the purchase ofa ½ ton pick up track for the Code Enforcement Division and a cargo van for the Detective Division. These additions to the current fleet will improve the responsiveness, efficiency and effectiveness of both Divisions. The acquisition of these vehicles shall be in accordance with the Florida .Sheriffs Association & Florida Association of Counties Bid Award Announcement (01-09-0904), and the selection is based on price consideration and maintaining the uniformity of the City's fleet. The 2002 Chevrolet Silverado 1500 ½ ton pick up base vehicle with speed control and tilt wheel option is available for $14,271.00 and the 2002 Chevrolet CG1500 cargo van withpower windows & locks, AM/FM cassette radio, rainshields, sliding side door options, and without glass on side and rear doors is available for $16,127.00 from Garber Chevrolet RECOMMENDED ACTION Move to authorize purchases of 2002 Chevrolet Silverado 1500 ½ ton pick up and CG 1500 cargo van for $ 30,398.00 in accordance with the Florida Sheriffs Association & Florida Association of Counties Bid Award Announcement (01-09-0904). FLORIDA ASSOCIATIONal COUNTIE~ FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2002 CHEVROLET CG2500 Specification # 15 (Utility Cargo Van) The Chevrolet CG2500 van purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufac- turer by specification by zone ZONE: ~r Western ~ Northern ~ Central ~r Southern BASE PRICE: $16,044.00 $16,038.00 $16,042.00 $16,0B0.00 While the Florida Sheriffs Association and the Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for utility cargo vans, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle{s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle{s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Specification Low Bid Garber Engine Horse Power 255 Chevrolet: Torque Rating 330 GVWR 8600 EPA Miles Per Gallon Rating 13/17 Bid Award Announcement (01-09-0904) LEGEND FOR DELETE/ADD OPTIONS Everyline will require a DOLLAR VALUE or one of the follow/rig abbreviatior~: Std. - manufacturer'sstandardequip. Incl. = included with base specs. NC = no additional charge NA ~ not applicable to the vehicle -- = option not bid .b~..,vendor 353 VEHICLE: DEALER: ZONE: BASE PRICE: Chevrolet CG2500 Garber Chevrolet Western $16,044,00 Chevrolet CG2500 Garber Chevrolet Northern 016,o38.oo Chevrolet CG2500 Garber Chevrolet Central $16,042.00 Chevrolet CG2500 Garber Chevrolet Southern $16,060.00 Order Code L35 11405/L30 ZW9 ZW2 R6G UL5 ZX9 Detele Options Engine: 4,2L 6 cyl. in lieu of 5.4L V8 6600# GVWR with V8, minimum Delete side & rear glass Delete side glass only Air conditioning AM/FM radio Full size spare tire & rim M/estern $ 810.00 $ 642.00 Northern $ 810.00 $ 642.00 $ 80,00 $ 80.00 $ 30.00 $ 30.00 $ 600.00 $ 600.00 $ 80.00 $ 80.00 $ 165.oo $ 165,oo Central $ 810.00 $ 642.00 Southern $ 810.00 $ 642,00 80.00 $ 80.00 30.00 $ 30.00 600.00 $ 600.00 80.00 $ 80.00 165.oo $ 165.oo Order Code Add Options L18 Engine: 8. iL V8 {9500 GVW incl) L31 Engine: 5.7L V8 Engine: 5.7 L V8 CNG Bifuel I65 Engine: 6.5L Diesel ZQ2 Power windows & power door locks ZQ3 Speed control & tilt steering wheel Alternator 130 amp, minimum Heavy duty towing package up to .6500 lb C36 Rear heater UM6 AM/FM cassette radio UIC AM/FM radio with single CD 3K Third key G80 Limited slip differential 31035/E23 9000 GVW pkg., minimum Crew van pkg. Appearance pkg. Console engine cover RS Rainshields AJ 1 Privacy glass [factory installed) Legal deep tinted film ZW6 Full body glass vi~/estern $ 2,319.00 Std. $ 5,298.00 $ 3,630.00 $ 474.00 $ 385.0O Std. $ 385.00 $ 240.00 $ 247,00 $ 542.00 $ 28.00 $ 252.00 $ 769.00 $ 1,190.00 $ 1,395.00 $ 86.00 $ 240.00 $ 225.00 $ 311.00 Northern $ 2,319.00 Std. $ 5,298.00 $ 3,630.00 $ 474.00 $ 385.00 Std. $ 385.00 $ 240.00 $ 247.00 $ 542.00 $ 28.00 $ 252.00 $ 769.00 $ 1,190.00 $ 1,395.00 $ 86.00 $ 240.00 $ 225.00 $ 311.00 Central $ 2,319.00 Std. $ 5.298.00 $ 3,630,00 $ 474,00 $ 385.00 Std. $ 385.00 $ 240.00 $ 247.00 $ 542.00 $ 28.00 $ 252.00 $ 769.00 $ 1,190.00 $ 1,395.00 $ 86.00 $ 240.00 $ 225.00 $ 311.00 Southern $ 2,319.00 Std. $ 5,298.0O $ 3,630.00 $ 474.00 $ 385.00 Std. $ 385.00 $ 240.00 $ 247,00 $ 542.00 $ 28.00 $ 252.00 $ 769.00 $ 1,190.00 $ 1,395.00 $ 86.00 $ 240.00 $ 225.00 $ 311.oo Bid Award Announcement (01-09-0904) 354 VEHICLE: DEALER: ZONE: BASE PRICE: Chevrolet CG2500 Garber Chevrolet Western $16,044.00 Chevrolet CG2500 Garber Chevrolet Northern $16,038.00 Chevrolet CG2500 Garber Chevrolet Central $16,042.00 Chevrolet CG2500 Garber Chevrolet Southern 816,060.00 Order Code Al9 YA2 DE5 BUA 21705 31305 31705 Add Options {cont'd) Rear door glass (swing out) $ Sliding side door Remote power mirrors $ Backup alarm $ Class III hitch $ Partition $ Partition/ladder rack $ Partition/shelving group $ Partition/shelving rack $ 8600 GVWR rated cargo $ van, extended body length 9500 GVWR rated cargo $ van, standard body length 9500 GVWR rated cargo $ van, extended body length American Aluminum Inmate Transport Unit, or approved equivalent. One compartment system for extended length cargo vans, system to include one rear door, AC & heat. Note, do not order van with rear factory AC, but it will need to have the AC prep option code as follows by manufacture, if available. American Aluminum Inmate Transport Unit, or approved equivalent. Two compartment system for extended length cargo vans, system to include two rear doors, AC & heat. Note, do not order van with rear factory AC, but It will need to have the AC prep option code as follows by manufacture, if available. American Alumlnum Inmate Transport Unit, or approved equivalent. Western Northern Central Southern 157.00 NC 113.00 89.00 310.00 395.00 790.00 1,410.00 1,797.00 850.00 769.00 $ 157.00 $ 157.00 NC NC $ 113.00 $ 113.00 $ 89.00 $ 89.00 $ 310.00 $ 310.00 $ 395,00 S 395.00 $ 790.00 $ 790.00 $ 1,410.00 $ 1,410.00 $ 1,797.00 $ 1,797.00 $ 850.00 $ 850.00 $ 769.00 $ 769.00 $ 157.00 NC $ 1.13.00 $ 89.00 $ 310.00 $ 395.00 $ 790, 00 $ 1,410.00 $ 1,797.00 $ 850.00 $ 769.00 1,559.00 $ 1,559.00 $ 1,559.00 $ 1.559.00 -- Call for Quote -- Call for Quote -- Call for Quote -- Bid Award Announcement (01-09-0904) 355 VEHICLE: DEALER: ZONE: BASE PRICE: Chevrolet CG2500 Garber Chevrolet Western $16,044.00 Chevrolet CG2500 Garber Chevrolet Northern $16,038.00 Chevrolet CG2500 Garber Chevrolet Central $16,042.00 Chevrolet CG2500 Garber Chevrolet Southern $16.060.00 Order Code Add Options (cont'd) Western Three compartment system for extended length cargo vans, system to include two rear doors, and one side door, AC & heat. Note, do not order van with rear factory AC, but it will need to have the AC prep option code a follows by manufacture, If available. Federal 44, Vista Strobe/ $ LED/Halogen Lightbar, Model X114H428DC-FSA Features: 8 primary strobes, 4 LED flashers rear facing, 2 LED flashers front facing, center halogen traffic clearing light, 2 takedown lights, alleylights, PA400SS siren and light controller, MS100 speaker with bracket. Out of 6 LED flashers, 2 may be blue. Dealer installed Federal All Light $ Streethawk Lightbar, Model $HL4814 with PA400SS combined siren/ PA & light controller & dynamax speaker with bracket. Dealer installed Federal Smart~ector $ Lightbar, Model SVS4801 with 5520005M smart siren combined siren/PA & light controller with RMK and MNCT, & dynamax speaker with bracket. Dealer installed Whelen 47" Ultra Edge $ Strobe/LED/Halogen Lightbar, Model #1112SC- !,896.00 1,565.00 1,835.00 2,396.00 Northern $ 1,896.00 $ 1,565.00 $ 1,835.00 $ 2,396.00 Central $ 1,896.00 1,565.00 1,835.00 2,396,00 Southern $ 1,896.00 1,565.00 1,835.00 2,396.00 Bid Award Announcement (01-09-0904) 356 VEHICLE: DEALER: ZONE: BASE PRICE: Chevrolet CG2500 Garber Chevrolet Westem $16,044.00 Chevrolet CG2500 Garber Chevrolet Northern $16,038.00 Chevrolet CG2500 Garber Chevrolet Central $16,042.00 Chevrolet CG2500 Garber Chevrolet Southern $16,060.00 Order Code Add Options (cont'd) Western Northern Central FSA. Features: 12 primary strobes, 2 LED flashers front facing, 2 LED flashers rear facing, 2 takedown lights, alleylights, bullt~in traffic advisor mode, blink control unit with light controls and siren ampliler/controller, SA314 speaker with bracket. Out of 4 LED flashers, 2 may be blue. Dealer installed Whelen Edge Model 9806 $ 6-Strobe Lightbar, with 295HF100 full feature siren/PA, PCC6R switch control unit, & SA314 speaker with bracket. Dealer installed Whelen Edge Model 9812 $ 12-Strobe Lightbar, with 295HFS6 combined siren/PA & light controller & SA314 speaker with bracket. Dealer installed Code Three Strobe/ $ Halogen Lightbar, Model #36047A-01-FSA. Features: 4 upper strobes, 3 fast rotators, 4 takedown lights, 2 front halogen flashers, 2 rear halogen flashers. X fire intersection strobes, hardcoat lenses, built-in traffic advisor, mastercom siren and light controller, SL100 speaker with bracket. Dealer installed Code Three MX7391A1 $ Lightbar, with 3892L6 combined siren/PA & light controller & SL100 speaker with bracket. Dealer installed 1,437.00 1,835.00 1,976~00 1,696.00 $ 1,437.00 $ 1,835,00 $ 1,976.00 $ 1,696.00 1,437.00 1,835.00 1,976.00 1,696.00 Southern 1,437,00 1,835.00 1,976.00 1,696.00 Bid Award Announcement (01-09-0904) 357 VEHICLE: DEALER: ZONE: BASE PRiCE: Chevrolet CG2500 Garber Chevrolet Western $16,044.00 Chevrolet CG2500 Garber Chevrolet Northern $16,038,00 Chevrolet CG2500 Garber Chevrolet Central $16,042.00 Chevrolet CG2500 Garber Chevrolet Southern $16,060.00 Order Code DSM Major Custom Add Options (cont'd) Whelen Model SPS660CCCC 4 Comer Strobe System with 4 clear tubes, 2 - 15', 2 - 30' cables & SPS600 6 outlet power supply. Dealer installed Federal Model CS1SFSA $ 4 Comer Strobe System with 4 clear tubes, 2 - 16', 2 - 30' cables and SPS6J 6 outlet power supply. Dealer installed Complete set of shop $ manuals ONLY 5/75 Manufacturer's $ Extended Base Care Warranty ($0 deductible) See Page 804 5/75 Manufacturer's · $ Extended Extra Care Warranty ($0 deductible) 5/75 Manufacturer's $ Extended Power Train Warranty ($0 deductible) Western Northern Central Southern $ 425,00 $ 425.00 $ 425.00 $ 425.00 425.00 165.00 835.OO 985.00 615.00 $ 425.00 $ 165.00 $ 835.00 $ 985,00 $ 615.00 $ 425.00 165.00 835.00 $ 985.00 $ 615.00 $ 425.00 $ 165.00 $ 835.00 $ 985.00 $ 615.00 Bid Award Announcement (01-09-0904) 358 I~Sheriffs'Association Contract Quote .... Garber Chevrolet, Inc P.O. Box 945 Green Cove Spg$, FL 32043-0945 Ph: 904-264-4502 Fax: 904-284-0054 To: Phone #,' Fax #: Vehicle Quote Bid #: District: 01-09-0904 Item: Model #: From: Daniel C Devries Pages: 1 (includi.,n.g ~..~3ver) Date: Order" Code "' ........ "' .... '~"'"'r,,~,.scrlption ' ~ Price ...... Base price of:vehl.c~ ~ ....... :~. ,, : . ,:, ................. , ..... ~&. I,, ..... ....... I~ ~. . .... _ .... . · ~'~ , ........ :~. ~ .... ...... .. , 2 Iii,, ,'} .......... · ................ ' : ~.~ ...... .... : · : .i~ ...... .;~. · ........ ;, . .... ........... "'""T°tai Vehicle'Qt~ote: ! $ ' ' FLORID~ ASSOCIATION FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2002 CHEVROLET SILVERADO 1500 Specification #17 (1/2 Ton Pickup Truck, 4 x 2) The Chevrolet Sllverado 1500 truck purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone ZONE: Western Northern Central ' Southern BASE PRICE: $14,060.00 $14,047.00 $14,031.00 ' $14,060.00 While the Florida Sheriffs Association and the Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for 1/ 2 ton pickup trucks, we realt~e equipment needs and preferences are going to vary from agency to agency. In an effort to hacorporate flexibility lnto our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle{s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Garber Engine Horse Power 200 Chevrolet: Torque Rating 260 GVWR 6100 EPA Mlles Per Gallon Rating 16/19 Bid Award Announcement (01-09-0904) LEGEND FOR DELETE/ADD OPTIONS Every line will require a DOLLAR VALUE or one of the following abbreviations: Std. = manufacturer'sstandard equip, Incl. = included with base specs, NC = no additional charge NA = not applicable to the vehicle -- = option not bid by vendor 404 VEHICLE: DEALER: ZONE: BASE PRICE: Silverado 1500 Garber Chevrolet Western 014,060,00 Sflverado 1500 Oarber Chevrolet Northern $14,047.00 Silverado 1500 Garber Chevrolet Central $14,031.00 Silverado 1500 Garber Chevrolet Southern $14,060.00 Order Code MG5 57,4 R6G 9R3 Delete Options Provide 5-speed manual transmission with overdrive in lieu of automatic overdrive Full size spare tire & rim Air conditioning AM/FM radio Western Northern $ 900.00 $ 900.00 $ $ $ 81.00 600.00 89.00 Central Southern $ 900.00 $ 900.00 $ 81.00 $ 81.00 $ 600.00 $ 600,00 $ 89.00 $ 89.00 $ 81.00 $ 6oo.oo $ 89.00 Order Code LR4 LM7 5B5 AU3 K34 TY9 8BO 91.4 z85/gco z85/QcJ/ GT4 A95 PDP-D C15953 C15753 C15743 Add Options Western Engine: 4.8L V8 Engine: 5.3L V8 Power windows (requires AU3) Power door locks Speed control Tilt steering wheel Battery, 770 CCA Dual batteries 12 volt power supply Heavy duty towing package up to 5000 lb with Class III hitch Heavy duty towing package up to 7200 lb with Class III hitch (requires VS) Passenger dome lamp Bucket seats in lieu of bench seat Bucket seats with $ console (IS only) Carpet in lleu of rubber $ floor covering Sliding rear window $ Extended cab model $ (2 door) (8' cargo box) Extended cab model $ {4 door) {incl. 4.8L VS) Crew cab - 8600 lb. GVWR $ (lSB) $ 690.00 $ 1,490.00 $ 608.00 Northern $ 690.00 $ 1,490.00 $ 608.00 Central $ 690.00 $ 1,490.00 $ 608.00 Southern $ 690.00 $ 1,490.00 $ 608.00 $ 162,00 $ 162.00 $ 162.00 $ 162.00 $ 240.00 $ 240.00 $ 240.00 $ 240.00 Std. Std. Std. Std. $ 56.00 $ 56.00 $ 56.00 $ 56.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 140.00 $ 140.00 $ 140.00 $ 140.00 $ 510.00 $ 510.00 $ 510.00 $ 510.00 $ 580.00 Std. Std. 905.00 100.00 247.00 3,970.00 3,040.0O 9.194.00 $ 580.00 Std. Std. $ 905.00 $ 100.00 $ 247.00 $ 3,970.00 $ 3,040.00 $ 9,194.00 $ 580.00 Std. Std. $ 905.00 $ 100,00 $ 247.00 $ 3,970.00 $ 3,040.00 $ 9,194.00 $ 580.00 Std. Std. $ 905.0o $ 100.00 $ 247.00 $ 3,970.00 $ 3.040.00 $ 9,194,00 Bid Award Announcement (01-09-0904) 405 VEHICLE: Sllverado 1500 Sflverado 1500 Sllverado 1500 Sflverado 1500 DEALER: Garber Garber Garber Garber Chevrolet Chevrolet Chevrolet Chevrolet ZONE: Western Northern Central Southern BASE PRICE: $14,060.00 $14,047,00 $14,031.00 $14,060.00 Order Code Add Options (cont'd) E62 Step side cargo box (flare side) C 15903 8' cargo box in lieu of 6' cargo box UM6 AM/FM cassette radio UNO AM/FM radio with single CD 3K Third key BUA Backup alarm DF2 Trailer tow mirrors G80 Limited slip differential on 2-wheel drive LS Manufacturer's model upgrade pkg. (please specify pkg. bid} {incl, power pkg.) XL option Convenience group for LS pkg. PDK-D Tow hooks ATB Aluminum tool box BL Bedliner S.O.B. Spray-on bedliner (Rhino or approved equivalent) BS Bug shield GG Wrap-around grille guard 8,000 lb. winch with remote (requires grille guard) Class IV hitch & ball (requires V8) 7700 lb. GVWR DSM Complete set of shop manuals ONLY Major 5/75 Manufacturer's Extended Base Care Warranty ($0 deductible) See Page 804 Custom 5/75 Manufacturer's Extended Extra Care Warranty ($0 deductible) PT 5/75 Manufacturer's Extended Power Train Warranty ($0 deductible) Western $ 795.00 $ 297.00 $ 247.00 $ 195.00 $ 28.00 $ 89.oo $ 70.00 $ 290.00 $ 2,636,00 Incl. $ 38,00 $ 375.00 $ 200.00 $ 575.00 $ 85.00 $ 435.00 $ 985.00 $ 625,00 $ 165.oo $ 785.00 $ 920.00 $ 585.00 Northern $ 795.00 $ 297.00 $ 247.00 $ 195.00 $ 28.00 $ 89.00 $ 70.00 $ 290.00 $ 2.636.OO Incl. $ 38.00 $ 375.00 $ 200.00 $ 575.00 $ 85.0O $ 435.00 $ 985.00 $ 625.00 $ 165,00 $ 785.00 $ 920.00 $ 585.00 Central $ 795.00 $ 297.00 $ 247.00 $ 195.00 $ 28.00 $ 89.00 $ 70.00 $ 290.00 $ 2,636.00 IncL $ 38.00 $ 375.00 $ 200.00 $ 575.0o $ 85.00 $ 435.00 $ 985.00 $ 625.00 $ 165.00 $ 785.00 $ 920.00 $ 585.00 Southern $ 795.00 $ 297.00 $ 247.00 $ 195.00 $ 28.000 $ 89.00 $ 70.00 $ 290.00 $ 2,636.00 incl. $ 38.00 $ 375.00 $ 200.00 $ 575.00 $ 85.00 $ 435.00 $ 985,00 $ 625.00 S 165.00 $ 785.00 $ 920.00 $ 585.00 Bid Award Announcement (01-09-0904) 406 HOME Oir PELICAN ISLAND Subject: Purchase Motorcycle '~pr~ed fol. SU~..//~ ,: City Man?er Department~~POEICE DEPT. Date Submitted: 10-31-2001 For Agenda off 11-14-2001 Exhibits: Price sheet for Motorcycle Boots, Pants, Shirts, Gloves & Helmet EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $18,000.00 -0- $18,000.00 SUMMARY A local benefactor, who wants to remain anonymous, contacted the police Chief and asked ifa motorcycle would be of any use to the department. It was explained that a motorcycle is very beneficial in traffic enforcement and has special uses in parades, escorts and pedestrian control. The benefactor stated that a motorcycle and related equipment and training would be donated to the department. It was explained to her that most departments are leasing motorcycles. The benefactor does not like leases and wanted to buy the motorcycle. Ft. Lauderdale Harley Davidson then contacted the Police Department. The manager said he had been contacted by our benefactor to deliver a motorcycle to the Sebastian Police Department. He explained that the cycle had to be sold to a law enforcement agency to receive the discount price. He quoted a price of $16,000.00 including equipment. The benefactor then delivered an $18,000.00 check to the City Manager. Ft. Lauderdale Harley Davidson matches the state contract price and can be deliver immediately. The state contract dealer has a ninety-day delivery schedule. The additional $82.91 will come from the existing Road Patrol Budget. Based on the above, the Police Department can accept the motorcycle and assign an officer to work primarily on traffic enforcement within two to four weeks of delivery. RECOMMENDED ACTION Move to accept the donation of $18,000.00 and authorize the purchase of a Harley Davidson Police Motorcycle from Ft. Lauderdale Harley Davidson for $16,000.00, and appropriate $18,000.00 which includes additional equipment. MOTORCYCLE EQUIPMENT PRICE SHEET 1- Daytona Harley Davidson - Shortie Full Gloves $36.00 2- Robinson Sales & Service, Daytona - Boots Sunglasses $184.95 $ 71.96 3- Merritt Departmem Store - Motorcycle Pants $135.00 X 3 Shirts (Tex-Trop White) $28.00 X 5 $405.00 $140.00 4- PVP Communications - Helmet w/Radio/Microphone APPROX $1100.00 5- Lawmen & Shooters/Gall's or other Collar Brass Shoulder Cross Strap/Breakaway Clips Hip Holster $10.00 $55.00 $80.00 TOTAL $2,082.91 Barry T. Kutmly Manager POLICE & FLEET SALF_~ October 16, 2001 Chief Jim Davis Sebastian Police Department 1201 Main Street Sebastian, FL 32958 Dear Chief Davis: Thank you for taking the time from your busy schedule to speak with me and discuss topics of mutual interest regarding the use of Harley-Davidson police motorcycles in law enforcement. Please consider this letter as a follow-up to our conversation and an open proposal regarding next steps. Ft. Lauderdale Harley-Davidson located at 443 South SR 7, Ft. Lauderdale, FL 33317, has made a strong commitment to servicing the police community. Harley-Davidson Motor Company has recently named our dealership Police Sales Dealer of the Year for the second straight year. There are over 650 Factory Authorized Harley-Davidson dealerships. We are currently in the process of building a new 55,000 square foot facility in downtown Ft. Lauderdale. When this facility is ready the current facility will become a Police Service Center dedicated to servicing the police community. Ft. Lauderdale Harley-Davidson currently services about 50 police agencies in Dade, Broward, and Palm Beach County with over 250 units out on lease at this time. Our four biggest accounts are Ft. Lauderdale Police Department (24), Broward Sheriffs Department (53), City of Miami Police Department (25), and the Tampa Police Department (25). There are many other departments that have from one to five to ten units. We also service departments in other states as far away as the United States Parks Police in San Francisco, CA. and several police departments in the State of Connecticut. 443 South State Road 7 · Ft. Lauderdal~ FL $~.~17 · Phone (954) 791-6290 · Toll Free (877) 43~2464 · Fax (054) 791-7,~39 18995.R. 44 · New Smyrna Beach. FL ;~2168 . (904)409-3034 · Toll Free (800) 619-1094 · Fax (904) 409~023 ~'1~-~ A Division O~ Daff~on~ Ha~l~-D~vtdson I Iq.l,ll ~'/q ~l.lljll[qll.ll [ 290 North Beach Street · Da.vtona Beach. FL 32114 · (904) 2*3-BIKE · T?ll Free (S0_0).~07-44~._- Fax ff904) 2,58-0638 2 In you area alone we serve, Vero Beach Police Department, Jupiter Police Department, Pon St.Lucie Police Department, St. Lueie County Sheriff's Office, Lake Park Police Deparmaent, Noffia Palm Beach Police Department, Palm Beach County Sheriff's Office, Lake Worth Police Department, Kockledge Police Department, and the Palm Beach Gardens Police Department. As you are aware, bas contacted me in regard to the purchase of a Harley-Davidson police motorcycle for your department. Harley-Davidson Motor Company policy states that all police motorcycles must be sold to a law enforcement agency I advised~l~that the cost of a new police motorcycle equipped with'a police strobe light package would be $16,000.00. agreed on this price and I advised~l~that I would contact the Sebastian Police Departmem to arrange delivery. I further advised that I have a 2002 FLHPI Road King Harley-Davidson police motorcycle two-tone black and white in stock for immediate delivery. The following is a breakdown of the cost of the motorcycle: State bid price of motorcycle Two-Tone paint Siren and Amplifier Total 12,187.00 500.00 647.00 13,334.00 Whelen WH2113 Strobe Light Equipment Labor for Installation Total Discount Total 2,900.00 300.00 16,534.00 534.00 16,000.00 Once again, I would like to thank you for your time and kind consideration regarding this proposal. Please feel flee to contact me if you have any further questions. I can be reached on my nationwide toll free pager, 888-202-0693, at any time. Thanking you in advance, Barry T. Kuhnly Manager, Police and Fleet Sales Ft.Lauderdale Harley-Davidson HC~ O~ PELICAN i~LAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: City Clerk Performance Evaluations '~for Subm~jl~ ~l~,City Manager .... "T-eff'enc~/Md0re, (~ity Manager Exhibits: Memo dated November 8, 2001 Expenditure Required: Amount Budgeted: Agenda No. 01. g 63 Department Origin: City Manager Date Submitted: ~ For Agenda of: 11114/01 Appropriation Required: SUMMARY STATEMENT As a result of the performance evaluations received from the City Councilmembers for City Clerk, Sally Maio, staff reports that the overall performance rating is above satisfactory. HOME OF PELICRN IS~ To: Thru: From: Date: Re: Honorable Mayor and City Council Members Terrence Moore, City Manager Jim Sexton, Human Resources Direct~ November 8, 2001 City Clerk Performance Evaluations The Human Resources Department has received four of five annual performance evaluations with regard to Sally Maio, City Clerk. Reviews of Ms. Maio's evaluations show her overall rating is above.satisfactory. Therefore, it is recommended that this item be placed on the Wednesday, November 14, 2001 City Council agenda for follow-up discussion. As always, all recommendations for salary increases would be retroactive to the anniversary date of the employee (October 12, 2001). The Htanan Resources Department will wait further direction fi:om you with regard to tiffs matter. Should you have any questions with reference to the above please do not hesitate to call the City Manager at 388-8200 or the Department of Human Resources at 388-8240. Cc: Terrence Moore, City Manager OJfice q' or.r o , INDIAN RIVER COUNTY ATTORNEY Paul G. Bangd, County..tttome7' -,Bo~rd. Ccrufied,'Ciry, County and Local Government Law WUliam G. CoLlins ri, Deputy County Attorney~ November 9, 2001 M E'M'O RAN D U M APPROVED BY ~,~UV I 3 ZOO, 1 BOARD OF COUNTY COMMISSION To: From': Re: Board oflCount,/Commissioners Paul G. Bange,, County' Attorney'/'~=gq'2 Sebastian-Fellsmere Highw, ay Recommendation: it is-recommended that the Board of County Commissioners'defer ruling on the City of. Sebastian's request that the County..rename Sebastian-Felismere Highway within the County's jurisdiction pending receIpt of the. City's final proposal, and pending .~=valuation and recommendation by the Emergency Services Department, the Public Works Department, the Community Development Deparfrment, and the County Attorney's Office. Discussion: Attached is a copy of a letter from Terrence R, Moore, City Manager, requesting th at. the. portion, of Sebastian-Fetlsmere Highway within the County's jurisdiction be renamed to. Sebastian Boulevard.,. Mr. Moore indicates that the favored name is Sebastian Boulevard and that:the City Council may consider a resolution formally adopting a name change at its meeting on November 14. It is my suggestion that the Board of County Commissioners defer ruling on the request pending receipt of the City's final proposal, and pending evaluation and recommendation by'the Emergency Services Department, the Public Works Department, the Community Development Department, and the County Attorney's Office~ PGB 1840 25'" Street, ?e~o Beach, Florida 22960 (56 l) 567-8000, .~xrension 1424. Facsimile (561) 569-43'l 7 ircatto ~r~cyf~bcc.ca.iadian- eivcx-fl.us oDUCTION OF NEW BusINESS INTR FROM THE PUBLIC R 14, 2001 REGULAR MEETING NoVEMBE - - -n item that has occurred ,, w BusinesS" as. used herein., i.s definect as NOTN~~.~ or was discovered within the Previous six months ~ 0 USE THIS FoRM oNLY FOR iNTRODUCTION. OF O his form. MINUTES PE _.; enda, do.OtS~g"~ is~yourhandwhenhe . is on the pun_t_ed ag a item. please ra · which you wtsh tO sp. eak. · on e~,ch agend if the ~tem.o.n '--ut ,,flor to Counc~t del~be[ation call for puO~ic mp calts for input~,~ ~/ ~/,~/~ ' "-'-- ~' ' Name: . New Subiect: Name: 'f"l~- ~'~' "--'--- \ ,~ r'~ ',,.,~~ New Subiect,: ~---" ....... : ........... .... ....... Name: ~ ........................... NeW Subiect: Name: _.._....--.-- New Subiect: .......................................... NeW Subje~; ~ .................... Name: New Subje~: ~ Raymond G. Coniglio . 941 Carnation Dr. Sebastian FL 3295 · . . rrentl¥ underway at the five IRCC · ' us cap~ta~ Pr°lec~_s~c;u~m ed funds on security, IRGC resented the v~ar,~ ,h~ .e, tate to spenu ,, .... as reductiOnS expected soon. Dr. Massey P -- ,-~ neeu ,~' campuses. Given recently received a 5% operating budget cut with additional Capita~ budgets were unaffected as they have a multiplier effect of 9. For example, eve~ $100 spent on a capital pro~ect result in $900 impact to the community. IRCC has four county reach (St. Lucie, okeechobee, ~ndian River and Maffin) with 46,000 students and 560 full time employees. The average age of the student population is $0 years o~d and enrollment is u~ by 7% so far this year. Enrollment increases are common in times of economic downtumS. summarized below are the capital pro~ects unde~aY: Th~ planning facility is currently operating and open for bus~ness. ~strategiC received will be s~ent on renovations throughout This Additional ~unding o~ $5mm recentl~ the campUS sites. ~ro~ect unde~aY with FAU to share facilities and ~roviQe access to a t two years at IRCC, students wi~ go onto ' is slated for janua~ 14, Ther four-year degree program· After completing FAU to finalize their undergraauate degree. The grand opening ~002. Dr. Massey hopeS this will lead to a more formalized four-year ~egree program offered at a~l IRCC campuses. W~~W b~,Jdjng, being ho~se an e,viro,~ental ~ot new bu~lmng, ~ second floor will ties This 45,uuu ~q~.e as ,,operation modeled after the Richardson Center. The pro~ect. This building studies lab to train technicians on the Everglades Restoration in with the fe~era~l~ ~unded Workforce investment Act (a~so known paycheck"); a new program focusing on retraining people who have been recentl~ laid off. This program a~empts to ~dentifY alternative industries for which a person could be retrained given the skill sets they a~ready ~osseS. College credit is granted for ?riot work experience and the ~ederal government will ~ay for remaining classes required to train students for a related occupation- Ft. Pierce Technoloqy Center This building will be considered the "Star Wars" of technology facilities, with an abundance of training labs. The focus is on training and helping teachers keep abreast of how to use the newest technologies in their field. The idea is to use this facility to attract high technology firms to the area by providing a facility for light manufacturing and industrial labs, complete with computer-driven lasers and robotics. This projected is expected to be completed by early 2003 at a cost of $22mm. These capital projects will allow IRCC to consolidate programs already in existence but currently spread out among all the campuses. By consolidating these programs, the space where they were previously held will be used for basic coursework, such as math and English classes. All funding to build and maintain these facilities is secure and budgeted. CITY COUNCIL MEETING DATE: ROLL CALL 1 Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio ~af"C 7~,~ ~-~ Rbi"L CALL 2 Mr. Barczyk Mr' Maic"er Mr. Hill Mr. Coniglio Mayor Barnes ROLL CALL 3 Mr. Majcher ~,,~1 ,,~.-,,,., ~,,/ Mr, Hill ~,c,,~--~-- ~C~ Mr. Coniglio / Mayor Barnes Mr. Barczyk ITEM: ROLL CALL 4 Mr. U,, Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher TE3: 2.0o2. $i l Ye.r-ado ROLL CALL 5 Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill ITEM:..b jY[ 0~ rc yO(-~,,,, ROLL CALL 1 Mayor Barnes /'~ ~-J Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio ROLL CALL 2 Mr. B arczyk ~ il (/'/' Mr. Majcher Mr. Hill ~ ~.,~ [ I' 0 Mr. Coniglio t'~ Mayor Barnes ~0LL CALL 3 Mr. Majcher Mr, Hill Mr. Coniglio Mayor Barnes Mr. Barczyk ROLL CALL 4 ~,~ ~~'~ Mr. Hill Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill ROLL CALL 1 Mayor Barnes Mr. Barczyk Mr, Majcher Mr. Hill Mr. Coniglio ITEM: ROLL CALL 2 Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio Mayor Barnes ITEM: ROLLCALL3 Mr. Majcher Mr. Hill Mr. Coniglio Mayor Barnes Mr. Barczyk ITEM: ROLLCALL4 Mr. Hill Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher ITEM: ROLL CALL 5 Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill