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HomeMy WebLinkAbout03102004 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 10, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY 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-03-14) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Father Morrissey, St. Sebastian Catholic Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 04.015 A. Certificate of Appreciation to William Simmons for Code Enforcement Board Service 04.066 B. Presentation by Representatives from Hoyman, Dobson & Company, P.A. Certified Public Accountants City of Sebastian's Comprehensive Annual Financial Report For Fiscal Year October 1, 2002 through September 30, 2003 7. 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. 1-2 A. Approval of Special Meeting Minutes - 2/23/04 3-14 B. Approval of Regular Meeting Minutes - 2/25/04 04.067 C. Prior Authorization for Vice Mayor Travel to Florida League of Cities Free One Day 15-16 Seminar, March 26, 2004 from 10:00 a.m. to 2:00 p.m. (City Clerk Transmittal 3/3/04, Info) 04,068 'i 7-24 04.069 25-30 04.060 3'i-32 04.060 33-80 04.060 81-82 04.070 83-86 04.058 8~98 04.071 99-104 o 9. 10. 11. Prior Authorization for City Attorney Travel to ALI-ABA/National Trust for Historic Preservation Conference in Washington DC, April 28-May 1,2004 (City Attorney Transmittal 3/3/04, Info) Resolution No. R-04-09 Final Plat for Collier Club Phase liB (Growth Management Transmittal 3/2/04, R-04-09, Application, Final Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PHASE liB; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Authorize After the Fact Payment in the Amount of $48,051.30 to Indian River County Utilities Department for City Hall Municipal Complex Project Water and Sewer Impact Fees from the Project Budget Authorize Payment of Impact and Permit Fees for the City Hall Municipal Complex Project for an Amount Not to Exceed $350,000 (City Manager Transmittal 3/2/04) Authorize Services Agreement between the City of Sebastian and Security One Systems, Inc. in the Amount of $82,878.51 for Security System at New City Hall and Police Department Expansion/Renovation (GSA Transmittal 3/1/04, Agreement, Documents) Authorize Testing and Inspecting Service Municipal Complex Construction On An As- Needed Basis by KSM Engineering, Sebastian, FL for an Amount Not to Exceed $20,000 (GSA Transmittal 3/1/04) Authorize a Door Charge and the Use of Alcoholic Beverages at the Community Center for the Welcome Wagon Club Fundraiser on March 27, 2004 from 6:00 p.m. to 10:00 p.m. (Public Works Transmittal 3/2/04, Application) Waive Competitive Bidding Procedures and Authorize Staff to Enter into a Three-year Contract with Melrose Pyrotechnics, Inc. for City's Annual Fourth of July Fireworks Display for Years 2004, 2005, and 2006 (Public Works Transmittal Agreements, Proposal) Approve Trade In of Two John Deere Tractors for Value of $6,654.08 from Everglades Farm Equipment and Approve Purchase of John Deere Model #1435 Front Deck Mower From Everglades Farm Equipment with Additional Amount of $7,000.00 (Public Works Transmittal 3/1/04, Proposal, Price Sheet, Picture) COMMITTEE REPORTS/RECOMMENDATIONS - none. 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 of ten minutes for each speaker OLD BUSINESS - None 2 04.072 105-142 12. NEW BUSINESS A. Authorize Option of Non-Aviation Lease Agreement between the City of Sebastian and Kerry Lynn Firth at Sebastian Municipal Airport (Airport Transmittal 3/3/04, Letter, Agreement, Map) 04,073 B. 143-148 04.074 C. 149-150 13. Approve Ranking and Authorize Contract Negotiations with Various Architectural, Engineering and Survey Firms for Professional Services (GSA Transmittal 3/2/04, Ranking Matrix) Authorize a One Year Extension as Provided for in Existing Continuing Services Contract with Kimley-Horn & Associates, Engineers (GSA Transmittal 3/2/04, Matrix) CITY ATTORNEY MATTERS 04.024 A. Discussion of Historic Preservation Regulations 14. CITY MANAGER MATTERS 15. CITY CLERK MATFERS 16. CITY COUNCIL MATTERS 04.075 A. Mr. Conigiio B. Mr. McCollum i. Density Agreement C. Mr. Barczyk D. Mayor Barnes E. Mr. Hill 17. ADJOURN (Ali meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) If any person decides to appeal a decision with any respect to any matter considered at the above hearing or meeting, said person will need a verbatim record of all proceedings including the testimony and evidence, which is not provided by the City. (F.S. 286.0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs 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. Upcoming Meetings: · Special Election Meeting - March 15, 2004 - 6:00 pm · Regular City Council Meeting -March 24, 2004 -7:00 pm · Regular City Council Meeting - April 14, 2004- 7:00 pm · Regular City Council Meeting - April 28, 2004 - 7:00 p.m. · Regular City Council Meeting - May 12, 2004 - 7:00 p.m. · Regular City Council Meeting - May 26, 2004 - 7:00 p.m. · Regular City Council Meeting - June 9, 2004 - 7:00 p.m. · Regular City Council Meeting - June 23, 2004 - 7:00 p.m. · Regular City Council Meeting - July 14, 2004 - 7:00 p.m. · Regular City Council Meeting - July 28, 2004 - 7:00 p.m. 3 HOME OF PEUCAN ISLAND VERO BEACH CITY COUNCIL SEBASTIAN CITY COUNCIL JOINT WORKSHOP MINUTES WEDNESDAY, FEBRUARY 23, 2004 RIVERHOUSE 305 ACACIA ROAD VERO BEACH, FLORIDA Mayor Sandra Bowden called the workshop hosted by Vero Beach to order at 12:10 p.m., the Pledge of Allegiance was recited and Council members and staff introduced themselves. Veto Beach City Council: Mayor Sandra Bowden Vice Mayor Tom White Councilmember Lynne Larken Councilmember Michael Wangen Councilmember Craig Fletcher (excused absence) Sebastian City Council: Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nathan McCollum Staff: Veto Beach Acting City Manager, Tom Nason Vero Beach City Attorney, Charles Vitunac Vero Beach City Clerk, Tammy Vock Sebastian City Attorney, Rich Stringer Sebastian City Clerk, Sally Maio Veto Beach/Sebastian Joint Workshop February 23, 2004 Page Two Items for Discussion: A) Items of Mutual Concerns for both Cities Mayor Bowden opened up discussion with the issue of growth affecting both cities, and Councilmembers Wangen, Larken and Vice Mayor White followed up with information relative to the successful, community based visioning process that Veto Beach has currently undertaken, and their hopes that Indian River County would utilize the same consulting firm to conduct a similar visioning process. Mayor Barnes cited the 1998 study conducted by the City of Sebastian with facilitation by Indian River Community College which resulted in the Riverfront Overlay District. He said he would provide Vero Beach with a copy of that study. Input continued by Vice Mayor Coniglio and Councilmember Barczyk relative to other issues such as recreation, impact fees, sand pumping, zoning and development issues related to annexations and standards for development of properties outside of city limits. Councilmember Hill added that the City of Sebastian has also completed visioning for CR 512 and the Rivertront and applauded membem of different governmental agencies meeting and working together such as was done recently relative to School Planning. He suggested that joint meetings such as this workshop today continue on a grander scale, and perhaps countywide. Councilmember McCollum invited Vero Beach Council to come to Sebastian when the new City Hall is completed and applauded Vero Beach for its stand on height restrictions. He stated that sharing information important to both parties is a good idea. Mr. Stringer cited the need to set standards for urban service areas. Discussion followed on including all municipalities in a meeting with Indian River County to provide a forum to express municipal concerns, such as County development that will impact cities, and formation of a municipal league for Indian River County. Mayor Barnes said he would be happy to draft a letter to be signed off by all of Indian River County's mayors citing concerns of municipalities and requesting a meeting with the Indian River County Commission. Mayor Bowden suggested an expert on the Bert-Harris ACt give a presentation to the group. Being no further business, Mayor Bowden adjourned the workshop at 1:30 p.m. Approved at the March 10, 2004 Regular City Council Meeting. Walter W. Barnes, Mayor Sally A. Maim CMC - City Clerk 2 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 25, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Bames called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Administrative Secretary, Ann Rousseau Airport Director, Jason Milewski City Engineer, David Fisher Stormwater Engineer, Ken Jones General Services Director, Paul Wagner Finance Director, Shai Francis Growth Management Director, Tracy Hass Police Lieutenant, Michelle Morris Public Works Director, Terry Hill Recreation Supervisor, Chris McCarthy Regular City Council Meeting February 25, 2004 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) Mayor Barnes requested the addition of an item to formally approve the appointment of William Hughes, School Board member, as an ex-officio member of the Planning and Zoning Commission, item L under consent agenda (see School Board letter attached). City Council voice vote 5-0 to add. Mr. McColium requested an item under his matters relative to Charter Officers. City Council voice vote 5,0 to add. The City Manager requested withdrawal of item 7K regarding Melrose Pyrotechnics for amendment of the contract by the City Attorney. City Council voice vote 5-0 to withdraw. 6. PROCLAMATIONSTANNOUNCEMENTS AND/OR PRESENTATIONS None. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one mot/on. There will be no separate discussion of consent agenda items unless a member of Cily Council so raquests; in which event, the item will be removed and acted upon separately. I-8 A. Approval of Regular Meeting Minutes - 2/11/04 04.051 9-10 Approve City Manager Travel to Florida Government Finance Officers Association Conference to Give Presentation, May 3-4, 2004 in Tampa, Florida (City Manager Transmittal 2/17/04, Letter) 04.052 11-12 Approve City Manager Travel to Florida City and County Management Association 58th Annual Conference May 26-29, 2004 in Palm Beach Gardens, Florida (City Manager Transmittal 2/17/04) 04.053 13-18 Approve City Clerk Registration and Travel to Four Part Florida Institute of Government Supervisory Skills of Government Employees at UCF in Odando on 3/15t04, 3/22/04, 4/5/04 and 4/12/04 (City Clerk Transmittal 2/18/04, Info) 04.042 19-20 Approve the Closing of the Yacht Club Boat Ramp from 11 pm Saturday, 3/13/04 Until 4pm Sunday 3/14/04 and Approve the Closing of Indian River Drive from Harrison Street North to Coolidge Street and Sebastian Blvd. from Just Past the Hess Station East to Indian River Drive on Sunday, 3/14/04 from 5am Until 4pm for Pelican Island Wildlife Festival (Public Works Transmittal 2/18/04) 2 Regular City Council Meeting February 25, 2004 Page Three 04.054 F. 21-26 Resolution No. R-04-07 Accepting the MPO 2003 Apportionment Plan (GMD Transmittal 2/18/04, R-04-07, Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ACCEPTING THE 2003 APPORTIONMENT PLAN OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION 04.017 G. 27-32 Resolution No. R-04-08 Final Plat for Sebastian River Landing Phase I (GMD Transmittal 2/18/04, R-04-08, Application, Final Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN RIVER LANDING PHASE I; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 04.055 H. 33-36 Authorize City Manager to Execute and Record FP&L Easement for New Police Station (City Attorney Transmittal 2/19/04, Easement, Schedule A) 04.056 I. 37-40 Approve the Expenditure of $1,000 to Complete the Trade-Up of 2003 Harley Davidson Motorcycle for 2004 Model (Police Dept. Transmittal 2/6/04, Invoice, Memo) 04.057 J. 41-42 Approve List of Streets Recommended for Paving in FY03/04, Approve Additional Appropriation of $168,011 from Transportation Capital Project Fund and Approve Proceeding Accordingly Under a Piggyback Contract from Seminole County with Asphalt Recycling and the Existing Community Asphalt Contract to Complete Work (Engineering/Public Works Transmittal 2/18/04, List, Cost Estimates) 0d.05B K. Item K had been withdrawn under Agenda Modifications by Council consensus. Item L regarding appointment of William Hughes as regular ex-officio member and John Fontana as alternate ex-officio member of Planning and Zoning was added under Agenda Modifications by Council consensus. MOTION by Barczyk/Hill "Move to approve agenda items A, through J, remove K stricken as recommended and add L." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk -aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 3 Regular City Council Meeting February 25, 2004 Page Four 8. COMMITTEE REPORTS/RECOMMENDATIONS 04.015 A. Code Enforcement Board interview Unless Waived, and Appointment Reqular Member (City Clerk Transmittal 2/11/04, Applications, Ad, List) Carl Anderson and Bamey Giordan were in attendance. Mr. Barczyk nominated Mr. Anderson. Since there were no other nominations, Mr. Anderson was appointed to the regular member position to expire March 2006. 65-65 ii Consider Extendinq the Term of Ms. Eva Schofield (City Clerk Transmittal 2/10/04, Member List) Mayor Bames noted that when Mrs. Schofield was appointed to this position in January, the position only had two months left to expiration, therefore, it has been recommended that Council extend her term for the additional three years to March 2007. MOTION by Hill/McCollum "So moved." Mr. Coniglio - aye Mr. Barczyk -aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carded 5-0 9. PUBLIC HEARING - none. 10. 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 Lisanne Monier and Ruth Stanbridge requested that City Council take steps to preserve a the former George Cain historical property on US 1 or work toward requiring it to be moved to another location, and noted the importance of getting protective language in the code. The City Manager stated he would be meeting with Growth Management and the City Attorney to draft historical distdct language. Mrs. Stanbridge suggested including incentives for owners of historical property to preserve or relocate historic buildings. 4 Regular City Council Meeting February 25, 2004 Page Five 11. OLD BUSINESS 04.059 A. 6~70 Update Reel. ardinq Maintenance Shed at Barber Street Sports Complex (Public Works Transmittal 2/18/04) The City Manager requested a consensus to proceed as outlined to rebid the project for construction with funding the next fiscal year. The Recreation Supervisor addressed City Council. 04.049 71-76 Mr. McCollum said he favored a concrete building, unless the metal building can meet the same wind load. The City Manager said this project is not eligible for recreation impact fees, and that the $66,000 allocated will be rolled into next year for this same project. Mr. Coniglio said it would be prudent to proceed as recommended. City Council concurred. Mr. Barczyk asked about improvements to the skateboard park maintenance shed. Approve Allocation of $99,000 From the Recreation Impact Fees to Complete Vadous City Park Improvements (Public Works Transmittal 2/18/04, Summary, Code) The City Manager offered clarification as to which zones and what amounts will be drawn from each to fund recreation projects (see recommendation attached to these minutes). Filbert Street - $1,000 - 400 feet of new fencing Filbert Street and George Street - $1,750 for landscaping George Street - $3,000 - ~,350 feet of new fencing George Street - $1,750 for landscaping Riverview Park - $9~,500- to install all new electrical in the park The Recreation Supervisor clarified for Mr. Coniglio that lights in Riverview Park will alleviate dark areas in the southeast area. MOTION by Hill/Coniglio "Move approval." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 5 Regular City Council Meeting February 25, 2004 Page Six 12. NEW BUSINESS 04.060 A. 77-80 Approve Suffolk Construction Second Guaranteed Maximum Pdce Amendment for Construction of City Hall Municipal Proiect Park in the Amount of $1,625,460.00 (GSA Transmittal 2/19/041 Amendment, Exhibit I, Attachment 1 ) Rick Gonzalez, REG Architects, gave an update on the Municipal Complex, and described the park's amenities. The City Manager said the balance of the unexpended funds would be used for park contingencies only if needed; and that he had no further information on the adjacent County park. Mr. Gonzalez said tot lots do not have to have a cover. Mr. Hill requested clarification that the guaranteed maximum amount of $1,625,460 is for Suffolk's construction of this park including everything listed in the backup, and the City Manager concurred, however, said that there could be future purchases of vending machines or ancillary items for the concession area at a later date. Damian Gilliams, 1623 US 1, Sebastian, asked if an engineering value report was done or if any meetings were held with representatives of the architect, contractor and City to try to try to reduce costs. Mr. Gonzalez said representatives met on several occasions to analyze costs and try to keep costs down. The City Attorney, in response to Mr. Gilliams' inquiry as to why Council did not vote to take 2.4 million out and redirect it, clarified that no money was ever "put in" nor was there a vote by Council on the original planning document which was merely a toot used to determine how much staff recommended to bond from the sales tax revenues. He said staff merely recommended that funds be shifted from one project to another and there was no action required to move it since there was no action to put it in to begin with. TAPE I - SIDE II (8:00 p.m.) Mr. Gilliams read a City Clerk letter in response to his public records request for a document showing Council action to remove $900,000 from later estimates for the project. Mr. Hill said Council gives its authority for funding when it approves the guaranteed maximum pdce for the municipal complex facilities and park projects. Mr. Gilliams was removed by Lieutenant Morris at the request of Mayor Barnes by his refusal to leave the podium at the expiration of his ten minutes public input allotment. MOTION by Hill/Coniglio "Move to authorize execution of the "Second Guaranteed Maximum Price Amendment to Construction Manager at Risk Services Contract between the City and Suffolk Construction dated April 14, 2003." ($1,825,460) 6 Regular City Council Meeting February 25, 2004 Page Seven 04.061 81-1o2 Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Conigtio - aye Mr. Barczyk - aye Roll Call carded 5-0 Mayor Barnes called recess at 8:15 p.m. and reconvened the meeting at 8:27 p.m. All members were present. Authorize Transfer of Funds as Recommended by Staff and Approve Desiqn/Build Construction Services Aqreement Contract with Holland Builders of South Florida, Inc. for $1,850,480 (Airport Transmittal 2/18/04, Aqreement) The Airport Director said he would present the design with representatives of Holland Builders, CE Block and Mosby and Associates. It was noted that the $1,950,000 was the budget for construction only and not furnishings. The City Attorney read recommended revisions for the "Holland Builders Design/Build Construction Services Agreement". (see copy of amended agreement attached to these minutes) Mr. Coniglio asked about public access to offices, and the Airport Director said the public would always have access to engineering and public works. Mr. Barczyk expressed concern about access from the airside bathroom into office areas. Mr. McCollum said the entire building would be able to run on generator power as he recommended. Fred Clemente, 302 Easy Street, Sebastian, asked if emergency equipment would be accessible to the general public. The Airport Director said the City's hurricane plan has not been finalized so it has not yet been determined When operating as a command center, but that equipment would probably not be open to the public during times of crisis. MOTION by Coniglio/Hill "1 move to authorize staff to transfer funds as outlined in Table 1 of this transmittal and to approve "Design/Build Construction Services Agreement" contract with Holland Builders of South Florida, Inc. for $1,850,480 as amended." Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio -aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 Regular City Council Meeting February 25, 2004 Page Eight 04.050 C. 103.104 04.062 1o5-tlo Approve Ranking and Authorize Staff to Proceed with Stormwater Enqineednq Service Contract Neqotiations with Two Hiqhest Firms (Enqineerinq Transmittal 2/17/04) The City Manager described the interview process and noted a correction to the ranking for Berryman & Henigar, Inc. to 450 rather than 448 as noted in the recommendation. Mr. Barczyk said he would like to see individual scores as a part of the recommendation. The City Manager said he would do so in the future, and that those rankings are available in City Hall. Gordon England, Berryman & Henigar, Inc., Cocoa Beach, commended staff for their efforts in the past several weeks. He noted that his firm scored slightly lower due to the fact that they are not in the local area, described his experience as a stormwater engineer and requested that the City utilize Berryman & Henigar as its third consulting engineering. Amy Adams, associate of Mr. England and a grant walter with experience in writing grants for the City in the past, described her experience, and cited two 319 grants which were submitted by CDM for the City of Sebastian which were not funded. The City Manager responded that the 319 grants were not obtained at that time due to the fact that the City had not completed its master plan and will be reapplied for; and said that the competitive consultant negotiating process had been followed properly. MOTION by Coniglio/Hill "1 move to approve the ranking and authorize staff to proceed with the contract negotiations with the two highest ranked firms Camp, Dresser and McKee and WCG/Neel Schaffer, Inc." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carded 5-0 Consider Passinq Ordinance No. O-04-02 Low Income Senior Exemption on First Readinq and Schedule Adoption Hearinq (Finance Transmittal 2/18/04, Attachment A, O-04-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 2, ARTICLE IV, ADMINISTRATION: FINANCE, TO CREATE DIVISION 3, ADDITIONAL HOMESTEAD EXEMPTION ATAGE SIXTY-FIVE; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 8 Regular City Council Meeting February 25, 2004 Page Nine The City Attorney read Ordinance 0-04-02 by title. Mayor Barnes noted that this would cost the City approximately $50,000 but would greatly benefit people affected by it. Mr. Coniglio was commended for bringing this to Council. TAPE II- SIDE I (9:17p.m.) MOTION by Coniglio/Hill "Consider adoption of Ordinance No. 0-04-02 and first reading and set an adoption hearing on March 24~'' Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 04.021 1'I1-118 13, 14. 15. CITY ATTORNEY MATTERS The City Attorney reported that he would bdng back the CRA ordinance to the next agenda; that the amendment to buffer regulations will have to go before P & Z for hearing before coming to Council; and received preliminary approval for the ABA conference registration. Cl'rY MANAGER MATTERS Ao Acknawledqements and Compliments from Residents (HR Transmittal 2/19/04, Letters, Memos) The City Manager noted commendations submitted for Police Officers Fischer, Gdmmich, Byers, Rich Revis, Wheeler, Kyser, Logan, and Gunner, and Sergeants Savvidis and Hovasse; Waste Management; Barbara Brooke, MIS Assistant. CITY CLERK MATTERS The City Clerk reminded everyone that the general election will take place on March 9"~ and that candidate forums will be broadcast live on Channel 25 an Thursday, February 26th and Monday, March 1, 2004. Regular City Council Meeting February 25, 2004 Page Ten 16. CITY COUNCIL MATTERS A. Mr. McCollum Mr. McCollum said to properly evaluate each Charter officer, each of the Charter officers should sign off on each of the agenda items prior to submittal to Council. MOTION by McCollum/Hill "1'11 make the motion that every item that goes on our agenda is reviewed by each of the three City officers before it comes to this agenda packet." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 Mr. McCollum inquired about the old Chamber Building on US 1; and the City Attorney said he would provide a copy of the agreement, which gives the Chamber the option of constructing a new building on that site. He cited a letter from resident regarding newspapers thrown in front of driveways and asked the City Attorney for his recommendation on the issue. Mr. Coniglio said it is a freedom of speech issue. The City Attorney said he would provide an article from a recent Law Review on the issue. Mr. McCollum said he would like to have a response sent to the citizen. Mayor Barnes asked the City Attorney to bring the item back so Council can discuss it. Mr. McCollum said people in Iraq are fighting for the right to vote and asked residents to honor war veterans by exercising their dght to vote on March 9th. B. Mr. Barczyk Mr. Barczyk congratulated Mr. Moore and the Parks Department for the sign at the park on George Street; noted there is a leak in the Community Center roof; and discussion took place on a contest to name the new municipal park. C. Mayor Barnes Mayor Barnes noted there are cracks in the sidewalk on Indian River Drive due to construction and asked if the City can be reimbursed for repair; and reported on a joint workshop with Vero Beach and Sebastian City Councils this week which resulted in an idea for all Mayors in Indian River County to improve communications among the agencies and to provide a forum to speak to the County. 10 Regular City Council Meeting February 25, 2004 Page Eleven 17. i. Vehicles and Outside Stora.qe on Residential Property Mayor Barnes provided photos of a property exhibiting a nuisance, and was told by Code Enforcement officers that nothing can be done. The City Attorney said he had told the officers to proceed in accordance with current nuisance provisions. The City Attorney said nuisance law currently on the books will take care of this problem, but the vehicle issue is a different matter. Following some discussion, the City Attorney said he could come back with a language relative to an allowable number of vehicles. D. Mr. Hill None. E. Mr. Coniqlio Mr. Coniglio said the Press Journal and other government agencies would make forum and other meeting videotapes available to the City for rebroadcast. In response to Mr. Coniglio, the City Attorney clad§ed that preliminary exploratory discussions and records relative to anticipated land purchase are exempt from public records law. Mr. Coniglio cited a document provided to Council by Ed Majcher relative to tennis courts, which he would share, with the City Manager. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:52 p.m. Approved at the March 10, 2004 Regular City Council Meeting. Walter W. Barnes, Mayor Sally A. Maio, CMC - City Clerk 11 NOJ~E Of PELICAN CITY OF SEBASTIAN AGENDA TRANSMITTAL fsSUbject: Travel to Florida League of Cities One Day eminar /. Prior Authorization for Vice Mayor Exhibits: Info EXPENDITURE REQUIRED: Agenda No. O~. O~r~ 7 Department Origin: __City Clerk . Purchasing/Contracting: Finance Director: . c.y Atterney: City Clerk: Date Submitted: 3/3/04 For Agenda of: 3/10/04 AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The Flodda League of Cities is sponsoring a free one-day seminar "How to Take Your Hometown Message to Tallahassee" in Ft. Lauderdale on March 26, 2004, from 10:00 a.m. to 2:00 p.m. RECOMMENDED ACTION Move to authorize the travel of Vice Mayor Coniglio to the Florida League of Cities Seminar on March 16~, 2004 from 10:00 am to 2:00 pm. "How to Take Your Hometown Me~. ge FLC 2004 Leglela'dve Action AganCla March 26 in Fort La.uderda~.~ ,. ~ i~ ~,~enlJal to the F odda Leag~se's succses with. th.e. Effect~e advc~cacy Trom Fl.~lda? ~-T_~ ~.'-~,~.~, seminar that will p~3vide extensive tra~mng · ' ues. This seminar will also t:~ovide the tools you, as state Legislate. come }om us Tot ,.,, ~h,, I ~,~aue's 2004 legislative pnodty ~ss ._._ ,,._~,. ~,, i~nislatiw,, issues with your municipal owlclalS, n~u ~, ,- *, House and Senate members. The seminar will be held Fdday, March 26, 2004, from 10:00 a.m. - 2:00 p.m. at the Westin Fort Lauderdate, 400 corporate Drive in Fort Lauderdale. Lunch will be provided. The deadline to register is March 19, 2004. Please c, ail or e.mail Tanesha Dural (td._uval~~) or Allison Payne (a_p~ ne.y..n__ej~__cities.com) at the League office for additional i~om'~iort. City of Sebastian, Florida OFFIC! THE CITY TTORN 'Iz CONSENT AGENDA TRANSMITTAL Agenda No. Subject: Travel Authorization; Historic Preservation Law Date Submitted: 3/3/04 For Agenda of: 3/10/04 SUMMARY: Pursuant to the City's travel policy, prior authorization is required for travel in order to receive reimbursement of travel expenses. As discussed with Council at the February 25th meeting, a conference organized by the American Law Institute/American Bar Association and the National Trust for Historic Preservation concerning historic preservation law is being held at the end of April. Considering the desire to ena~ comprehensive historic preservation regulations to further the recently awarded historic district recognition, it is advisable to attend this conference. Based on a rough estimate, total oosts should not exceed $2000. Although this was not a planned conference, there are currently funds available. As the budget year approaches, one of the regular annual conferences may be eliminated and some funds transferred within the office budget to adjust for this. RECOMMENDED ACTION: Authorize City Attorney travel April 28 - May 1,2004 to Washington, DC to attend ALI- ABA/National Trust for Historic Preservation conference on Historic Preservation Law. AUTHORIZED PLACEMENT ON AGENDA BY CIT-i-~--~NAGE~: Historic Preservation Law - Think ALI-ABA for CLE ! Page 1 of 8 Annual ALI-ABA Course of Study Historic Preservation Law Thursday-Friday, April 29-30, 2004 Washington, D.C. (Hilton Embassy Row) Cosponsored by the National Trust for Historic Preservation Here's what registrants have said about recent presentations of this course: "Great course! As a novice to this area of law, I found it to be a terrific introduction." "Excellent faculty with impressive knowledge base - ve~J impressive. This was a tremendous opportunity to meet and learn from the top professionals in the field of historic preservation law." 'q'he faculty was wonderful! To have the opportunity to meet, question and hear from individuals who are the leaders in their field was marvelous. You know the information you were receiving was accurate; and included the most recent decisions/information available." "This was one of the most interesting CLE courses I've taken. The speakers were expert as well as interesting. Case studies were fascinating to hear about." "This is my second time to attend this course. This course is extremely helpful to me in my practice. The materials are really great." "Great panel. Great information and highly informative and useful for my practice development." ALP-ABA and the National Trust for Historic Preservation are pleased to announce another in a series of intensive two-day courses of study on Historic Preservation Law. This annual course, comprising almost 15 hours of instruction, provides an in-depth analysis of historic preservation law issues affecting not only old and historic buildings, but also urban communities, other national historic landmarks and structures, and archaeological and historic treasures. it also examines tax, real estate, and disability laws, and litigation issues that relate to historic preservation. The course is designed for attorneys and other professionals involved in different aspects of historic preservation, including landmarks and historic distdct ordinances, real estate development, tax planning, and related litigation. It is, however, also of value to non-professionals interested in these subjects. Subscribers to the Trust's Preservation Law Reporter may attend this ALI-ABA course at a special reduced tuition; please see below for details. SCOPE AND PURPOSE Historic preservation laws continue to be used not only for protection of our histodc resources, but also for https : / /www.al i-ab a.org/ ali aba/ C J O 5 3 .HTM 3/3/2004 Historic Preservation Law - Think ALI-ABA for CLE ! Page 2 of 8 some of the most exciting revitalization projects in cities and towns throughout the United States, and for a variety of interesting and successful real estate and commercial development projects. This course examines not only the value of historic preservation to our Nation and our communities, but also the ways in which preservation has increased real estate values and enabled revitalization of areas. The course explores the business aspects of preservation, including tax laws and real estate opportunities (and easements for structures, open areas and historic monuments, locations, and other nationally recognized properties), it also looks at current developments in historic preservation litigation. The course considers recent court decisions in the "takings" area and other constitutional developments relating to landmarking of properties, including the complex issue of landmarking historic religious properties and easements. In addition to featured speakers and topics, there are panels designed to deal with specific preservation issues and problems. Time is reserved throughout the program to address registrants' wdtten questions and to encourage their participation. STEERING COMMITTEE Joseph Z. Fleming, Greenberg Traurig, P.A., Miami (Planning Co-Chair; also on faculty) Paul W. Edmondson, General Counsel, National Trust for Historic Preservation, Washington, D.C. (Planning Co-Chair; also on faculty) Edward R, Becker, U.S. Circuit Judge, Philadelphia KEYNOTE SPEAKER Richard Moe, President, National Trust for Historic Preservationl Washington, D.C. FACULTY Kenneth A, Alperin, Nixon Peabody LLP, Boston Karen J, Atkinson, President, Tdbal Strategies, Inc., Washington, D.C. Tersh Boasberg, Washington, D.C.; Chairman, District of Columbia Histodc Preservation Review Board; Adjunct Professor, Georgetown University Law Center Louis R. Cohen, Wilmer, Cutler & Picketing, Washington, D.C. John D. Echeverria, Executive Director, Georgetown Environmental Law & Policy institute, Georgetown University Law Center, Washington, D.C. Andrea C. Ferster, Law Office of Andrea C. Ferster, Washington, D.C. Edwin L. Fountain, Jones Day, Washington, D.C. Donald S. Holm 'r~'I, Associate General Counsel - Community Development, National Trust for Historic Preservation, Washington, D.C. Jerold S. Kayden, Frank Backus Williams Professor of Urban Planning and Design, Harvard Design School, Cambridge, Massachusetts https://www.ali-ab a.org/ali aba/C J053 .HTM 3/3/2004 Historic Preservation Law - Think ALI-ABA for CLE ! Page 3 of 8 Javier E. Marques, Associate General Counsel, Advisory Council on Histodc Preservation, Washington, D.C. Thompson I~1, Mayes, Deputy General Counsel, National Trust for Historic Preservation, Washington, D.C. Elizabeth Sherrill Merritt, Deputy General Counsel, National Trust for Historic Preservation, Washington, D.C. Richard B, Nettler, Robins, Kaplan, Miller & Ciresi L.L.P., Washington, D.C.; Past President, Preservation Action Sharon C, Park, FATA, Chief, Technical Preservation Services, National Park Service, Washington, Richard J. Roddewig, President, Clarion Associates, Inc., Chicago David F. Schon, Nixon Peabody LLP, Washington, D.C. Stephen .1. Small, Law Office of Stephen J. Small, Esq., P.C., Boston Additional faculty to be confirmed https://www.ali-ab a.org/aliaba/CJ053 .HTM PROGRAI~ Thursday, April 29, 2004 7:45 a.m. Registration and Continental Breakfast 8:45 a.m. Introductory Remarks and Course Overview 9:00 a.m. Keynote Address - Richard Moe, President, National Trust for Historic Preservation A Coordinated Approach to Protecting Community Character 9:40 a.m. Under Federal Laws and Policies: the National Historic Preservation Act Federal stewardship of historic properties under Executive Order 13006 and the Section 110 guidelines; Section 106 and the Advisory Council on Historic Preservation; Important regulations 10:30 a.m. Coffee Break 10:45 a.m. Under Federal Transportation Laws and Policies Section 4(0 of the Department of Transportation Act; Transportation Equity Act for the 21st Century (TEA- 21); Historic bridges; Transportation enhancement funds 11:45 a.m. Under State Laws Integrating preservation into comprehensive planning and growth management; State environmental and histodc preservation laws 3/3/2004 Historic Preservation Law - Think ALI-ABA for CLE ! 12:15 p.m. Federal and State Permitting Issues 12:30 p.m. Lunch Break 2:00 p.m. Under Local Preservation Ordinances Contempora~, ordinance provisions; Design guidelines; Demolition by neglect; PreceduraJ due process 2:30 p.m. Ethics Issues Ex parte contacts; Confiicts of interest; Confidentiality Constitutional Challenges to Historic Preservation 3:00 p.m. Takings and Economic Hardship Overview and recent developments; Defining the threshold; Measuring damages; Proposed state and federal takings legislation 3:45 p.m. Coffee Break 4:00 p.m. Historic Religious Properties First Amendment issues; State Religious Freedom Restoration Acts (RFRAs); Efforts to reconcile disputes 4:45 p.m. Easements: Their Use and Their Misuse 6:00 p.m. Adjournment for the Day Friday, April 30,, 2004 8:00 a.m. Continental Breakfast 8:30 a.m. I~ative American Site Protection Historic Preservation as a Tool for Economic Development 9:15 a.m. Federal Tax Incentives Historic rehabilitation tax credits; Low-income housing tax credits 10:15 a.m. Coffee Break 10:30 a.m. State Preservation Zncentives 11:45 a.m. Panel Discussion; Questions and Answers 12:00 noon Lunch Break 1:30 p.m. Other [ncentives and Protection Techniques Donation of historic properties; Bargain sales; Retained life estates; Easements (tax benefits and https://www.ali-ab a.org/aliabaJC J053 .HTM Page 4 of 8 3/3/2004 Historic Preservation Law - Think ALI-ABA for CLE ! Page 5 of 8 requirements, appraisals and endowments, administration and enforcement); Estate tax benefits; Other incentives 3:00 p.m. Coffee Break 3:15 p.m. Putting It All Together: Case Studies Successful preservation development projects; Adaptive reuse of excess government property 4:45 p.m. Ethical Considerations 5:15 p.m. Panel Discussion; Questions and Answers 6:00 p.m. Adjournment Total 60-minute hours of instruction: 14,75, including one hour of ethics and professional responsibility Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter Educational Objectives: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments CAN'T ATTEND? ORDER THE STUDY MATERIALS! An extensive set of specially prepared study outlines and related material will be distributed at the course site. To order these materials separately, please use the form provided; shipping and handling are free! AUDIOCASSETTE TAPES and AUDIO mp3 CD-ROMs of this course, including the printed course materials, will be available approximately four to six weeks after the program for $595. Recordings are nonreturnable, but will be replaced if defective. To order, please see the form; shipping and handling are free! REGZSTRATION--800-CLE-N EWS--www.ali-aba.org Tuition for this course is $895 ($795 for subscribers to the National Trust's Preseryation Law Reporter). Tuition entitles registrants to admission to all sessions, a set of study materials, and Continental breakfasts daily. To register, simply return the form provided, with payment; or register with a credit card by: · Phone: 800-CLE-NEWS (800-253-6397) · FAX: 215-243-1664 ·lntemet: www.ali-aba.orq Registrations will be accepted at the door if space is available, but please call in advance to avoid disappointment. All course accounts must be settled by the first session of the course to assure admittance to the classroom. Se~ices for Persons with Disabilities: If special arrangements are required for an individual with a https ://www.ali-aba.org/aliaba/CJ053 .h'WM 3/3/2004 Historic Preservation Law - Think ALI-ABA for CLE ! Page 6 of g disability to attend this program, please inform ALI-ABA of any special needs at least two weeks in advance. Wdte Alexander Hart, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA 19104-3099, or call (215) 243-1630 or (800) CLE-NEWS (253-6397), extension 1630 (toll-free, U.S. and Canada). CANCELLATIONS Cancellations received no later than April 26 will be honored and tuitions refunded, less a $25 cancellation fee. Cancellations received by noon April 28 also will be honored and tuitions refunded, minus, however, a $75 cancellation fee. Telephone cancellations (800-253-6397) will be honored under the above time limits and terms, but must be confirmed by letter; all requests for refunds must be received in writing and must be postmarked no later than Nay 3. HOTEL ACCOMMODATIONS A limited block of rooms has been reserved at the Hilton Washington Embassy Row. Room rates: $185 per night, single occupancy, $205 per night, double occupancy. These rooms will be held as a block, unless exhausted, until March 29, at which time they will be released to the general public. Registrants must make their own hotel reservations and indicate that they are attending the ALI-ABA Course of Study to qualify for rooms in the block. Room reservations may be made by calling or writing to the Hilton Washington Embassy Row, 2015 Massachusetts Avenue, N.W., Washington, DC 20036; (202) 265-1600; FAX (202) 328-7526. Confirmations will be sent by the hotel. Please read the cancellation policy carefully. DISCOUNTED AZRFARES ~:=:~For ALI-ABA discounted aiffares, please call: DELTA 1-800-241-6760, re: File #198193A; UNITED 1- 800-521-4041, re: File #535DG. Restrictions may apply. TUITZON ASSISTANCE Tuition assistance for ALI-ABA courses, based on need, is available on application. We are particularly interested in applications from minority lawyers, public interest lawyers, government lawyers, and recently admitted solo practitioners. To apply, please request application form: Tuition Assistance, Alexander Hart, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA 19104-3099, or call (215) 243-1630 or (800) CLE-NEWS (253-6397), extension 1630. All applications must be received no later than three weeks before the course begins, FAX copies are not acceptable. Applications must be accompanied by a $25 nonrefundable processing fee (waived for full-time J.D. and LL.B. candidates). MANDATORY CLE AND CPE CREDIT Virtually aJI ALI-ABA Courses of Study are fully accredited in mandatory continuinq leflal education (MCLE) jurisdictions (including Virginia, Pennsylvania, Delaware, and New York) for varying numbers of credit hours. To obtain specific information on CLE, CPE, or other professional accreditation of this course, please write to: Mandatory CLE Credit, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA 19104- 3099~ ADDITZONAL ZNFORMATTON For further information wdte Alexander Hart, Director, Courses of Study, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA 19104-3099; telephone (215) 243-1630 or (toll free, U.S. and Canada only) (800) CLE- NEWS (253-6397), extension 1630; or visit ALI-ABA's web site at www.ali-aba.org JOIN ALI-ABA IN-HOUSE -- AND SAVE! / ,,~ "~ '~ https://www.ali-aba.org/ali aba/C J0 5 3 .HTM 3/3/2004 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Final Plat for Phase IIB of Collier Club PUD Subdivision nager Agenda No. Department Origin: Growth Management "~ Purchasing/Contracting: Finance Director: City Attorney: City Clerk: .~~ Date Submitted: 3/2/04 For Agenda of: 3/10/04 Exhibits: Resolution R-04-09, Application, and Final Plat EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None REQUIRED: SUMMARY Collier Club Inc. has filed a final plat application for Collier Club Phase I/B. Collier Club PUD is designed as a deed restricted private single-family community. Phase II conta'ms 66.72 acres, of which 18.01 acres are reserved for recreation and natural preserve. The typical lot is 70' x 125' with 7.5' side setbacks, 25' rear setbacks and 10' front setbacks. The proposed typical lot is 10' wider than the existing lots in Phase I and the side setback is 2.5' greater than that approved in the previous phase. Phase llg consists of 50 new single-family lots. The developer has substantially completed all infrastructure and site development requirements, including installations of public water and sanitary sewer as well as a closed drainage system with curb and gutter road sections. Access to Phase 1113 is accomplished via a bridge over Collier Creek on Collier Club Drive. Additionally, all engineering, and surveying details have been satisfied in accordance with Florida Statutes. The City Council granted approval of the Preliminary Development Plan for Phase II during a public heating held October 25, 2000. RECOMMENDED ACTION Move to pass Resolution R-04-09 for Collier Club Phase fiB. RESOLUTION NO. R-04-09 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDMSION KNOWN AS COLLIER CLUB PHASE Iltl; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Collier Club, Inc., has filed an application for approval ora final plat for a subdivision known as Collier Club Phase liB; and WgfEREAS, said final plat complies with applicable State and City codes and regulations; NOW TltEREFORE, BE IT RESOLVED BY THE COUNCIL OF ~ CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve the final plat for Collier Club Phase liB prepared by David M. Jones dated January 7, 2004, as revised February 16, 2004. CONFLICT. All resolutions or parts of resolutions in conflict herewith Section 2. are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately. 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 Vice-Mayor Ray Conlglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Resolution duly adopted this 10a' day of March, 2004. 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 Permit Applicat~n No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is re~uirad) Name: Address: Phone Number: ( ) FAX Number: ( ) E-Mail: Owner (ff different from applicant} Name: Address: Phone Number: (.-)T~) ~'"J,~A- - ~'~-'J~ FAX Number. (...~-~,) ")0/~ C:~"~ L ~ Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND ~-1/2" BY 1 1' COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A'i-I'ACH THEAPPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name(ifapplicable): Collier Ci~ Phase IIB B. Site Information Address: Let: Block: Unit: Subdivision: Indian River County Parcel #: Zoning Classification: ExJstJng Use: Future Land Use: Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary/: Final Plat DATE RECEIVED: ~_L/~ / ~ FEE PAID: $ 500. O0 RECEIVED BY: S ~ ~_~ Permit Application No. D, Project Personnel: Agent: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: Attorney: Name: Address Phone Number. ( ) FAX Number: ( ) E-Mail: Engineer: Name: Address Phone Number. ( ) FAX Number: ( ) E-Mail: Surveyor: Name: David M. Jones, PSM Address 3899 39th Square Vero Beach, Fl. 32960 PhoneNumber.(772) 567 -9875 FAX Numbs: (772)567-9172 E-Maih davidmjonespsm@msn, com AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ~1'~ NAT-U R E / DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO ,S PERSONALLY KNOWI~.TO ME OR PRODUCED AS IDENTIFICATION, THIS ~ DAY OF ~.. \ ~.~--%.~.~j-1~ , 20 (~-J~-. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: Permit Application No. Supplemental Information Final Plat Approval 1. The following information is required on all final plats: X a. Name of subdivision. X b. Title Block. X c, Legal Description. Index Sheet. The final plat shall comply with Chapter 177, Flodda Statutes, and shall show all lengths of arCS together with central angles, radii, and points of curvature. Z f. Scale. X g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. h. The point of beginning shall be boldly shown. i. All intersecting street right-of-ways shall be joined by the long cord of minimum radius Of twenty-five feet and all dimensions shown. __ .j. All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shall be so designated. N/A k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. X I. Permanent reference markers shall be shown. ][ m. In the upper dght hand comer, provide a three-inch by five-inch space to be used by the Clerk of the Circuit Court for recording information. n, The plat shall be accurate within 0.01 foot and shall be tied accurately to all township, range, and section lines. o. On the cover sheet or first page show a vicinity sketch. Z p. Lots and blocks shall be numbered or lettered. Z q. The plat shall contain the name of each street shown. X r. All right-of-way and easement widths and dimensions shall be shown on the plat. Permit Application No. x __ 2. Attached the following: X a. Six COpies of the final plat. (Two sets must be sealed.) R/A b. Threb sealed sets of as-built plans. I 39¥Hd 8Rq3 ~3~]q03 O0 --4 © > > Z ~oooo~°°°°~~--~°°°°~~o°°~§~-~~ooooo~- ~-- 0 oooo~ ooo~ oo o~oo~Z ...... ~ ................ Z 0 0 o311VqaNn CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: City Hall Municipal Complex Project Impact and Permit Fees Blanket Appropriation /ubmittal by: City Manager Tear'rice .~c~ AgendaNo. Oq. Ob 0 Department Origin: Purehasing/Contract~i~g: Finance Direet.o~ City Attorney: -- '~ ~. ~ City Clerk: ~ ~ Date Submitted: March 2, 2004 For Agenda of: March 10, 2004 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION Not to exceed $350,000 $350,000 REQUIRED: N/A SUMMARY On February 28, 2004, the City Council amended the FY 2003-2004 capital budget in the mount of $2,000,000 for the Discretionary Sales Surtax Revenue Bonds, Series 2003A. The amount was appropriated to City Hall Municipal Complex project for construction cost increases, architectural and sub-consulting fees, park scope changes, video/communication system, security system, as well as impact and other permit fees. In order to keep the project on schedule without interruptions, a blanket approval for the impact and other perrmt fees is necessary. The total impact and other pernut fees for the City Hall Municipal Complex project is estimated to be $ 350,000 as provided by Suffolk Construction Company in September 2003. The amount is part of the "owner provided items", which is not part of the Suffolk Conslruction Company's Guaranteed Maximum Price (GMP). On December 12, 2003, the City issued an emergency payment in the amount of $48,051.30 to Indian River County Utilities for City Hall Municipal Complex water and sewer connections impact fees. The emergency payment was necessary in order to keep the proj eot going without interruptions. Staff is requesting an after-the- fact approval on this specific payment. The amount is part oft_he $350,000 impact and pernut fees estimate. RECOMMENDED ACTIONS Move to approve the after-the-fact payment in the mount of $48,051.30 to the Indian River County Utilities Department for the CityHai1 Municipal Complex project water and sewer impact fees from the project budget. Move to authorize hnpaet and permit fees for the City Hall Municipal Complex project for ~an/.~-,N amount not to exceed $350,000. / . \ \ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approve Contract With Security One Systems, Inc. roved, for~mittal by: City Manager Agenda No. Department Origin: Purchasing/Contracting: Finance Director: city Attorney: City Clerk: ~ Date Submitted: March 1, 2004 For Agenda of: March 10, 2004 Exhibits: Services Agreement & Related Documents EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None $82,878.51 $100,000 SUMMARY Security One Systems, Inc., is the firm who has already installed the I.D. Badging and Computer Software security systems for the Municipal Airport under State of Florida SNAPPS Agreement & Pricing. In order to have a security system that is compatible City wide, including being tied into the Police Department, Security One has been working with REG Architects, and Suffolk Construction Company along with the City on design for the City Hall Municipal Complex Project to provide complete security systems and insure compatibility of ail systems City Wide, hence, this has the effect of a "sole source vendor" status as provided for in the City's Procurement Pruesdures. It is imperative that we contract with this firm, at this time, in order to maintain our completion schedule of the City HaH/Police Department Project. These services are part of the "owner provided items' which Suffolk Construction is assisting the City with. RECOMMENDED ACTION Move to waive competitive bidding procedures and authorize execution of the Services Agreement with Security One Systems, Inc., in the amount of $82,878.51 for security system at the New City Hall, and Police Department Expansion/Renovation. 2-12-04 Mr. Paul Wagner General Services Administrator City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Progress Payment Schedule Dear Mr. Wagner, We have put together a simple progress payment schedule. We understand that before any payments will be released we will need to comply with Suffolk Construction and the City of Sebastian. Please call with any questionS. Delivery of Equipment on site= Minus 10% retainage by City of Sebastian Total payment after delivery of equipment $46,748.44 $ 4,674.84 $42,073.60 Final Payment after acceptance by City Of Sebastian $40,804.91 Total of both payments $82,878.51 Sincerely, Ross Linville Security One Systems, Inc. Orlando Office: 7121 Grand NaOnnal Dc, Suite 101 Orlando, FL 32819 Tel: 407-354-1119 Fax: 407-354-1141 SERVICES AGREEMENT THIS AGREEMENT made this ~ day of January, 2004, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and SECURITY ONE SYSTEMS, INC., ("Contractor."), set forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence and experience in installing complex building security systems; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows: 1. .TERM. This Agreement shall commence on the day it is executed by both parties, and the term of the Agreement shall extend umil the Project is complete. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Specifications, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution &this Agreement, if any. (a) Intent. The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requiremems of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission &specific reference to any minor component part and to include all items necessary for the proper execution and comp of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. (b) E. ntire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreemems, represemations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreemem Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. (d) Construin Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in installing security systems in the new Sebastian City Hall and the Police Station in accordance with the Specifications described in Exhibit "A", which are attached hereto and incorporated herein by this reference. 4. SPECIFICATIONS ANDRFJ.ATEDDATA. The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipmem, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do ail the work described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. Any discrepancies found between the Specifications and site conditions, or any errors or omissions in the Specifications, shall be immediately reported to the City. The City shall promptly determine the vahdity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omi.*~sions iii Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the mount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by the Specifications. All work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Specifications, shall be furnished and executed the same as ffthey were called for by the Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The City will provide full information when errors or omissions are discovered. 5. COMPENSATION. The City will pay the Contractor the flat amount of $82878.51 for performance of the Work hereunder. Contractor shall submit requests for progress payments on a monthly basis, to be reviewed and approved by the Project Manager and submitted to the City for payment subject to ten percent (I 0%) retaina£e. Claims. Claims arising fi.om changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the clain~ 6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Project Manager that the Work has been completed in accordance with the terms of the Contract Documents, the Project Manager sl~xll certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work order. Also, each request for payment must have a Claimant's Sworn Statement of Accounh executed by the supplier or subcontractor, attached from each supplier or subcontractor who has notified the City of his fight to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid potential Claimant. 7. PROJECT SCHEDULES The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an expansion of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed uecessa~ and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, th. at the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may be ternainated by the City without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum merult basis and any work done by the Contractor shal! remain the property of the City. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be subject to the review of the Project Manager and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Project Manager who will resolve such questions. All materials and each part or detail of the Work shall be subject at all times to construction review by the Project Manager and the City. Such construction review may include shop inspection, and any material furnished under the Specifications is subject to such inspection. The Project Manager and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instmctious concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub-Contractors required for services which are necessary to perform this Agreement. All services required trader this Agreement shall be performed by the Contractor or sub-Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to thern~ Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall he responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Project Manager and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. 13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. Materials and equipment shall he stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. 14. CLEANING LIP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbisk, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additiomfl expense to the City, the Contractor will restore to their origiml conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area leit in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, at, er twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the .City Manager. Any subcontracts or outside associates or Contractors required by the Contractor in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. INDEMNIFICATION. The Contractor shall indemnify and save harmless the City, its agents, subeontmctors, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Contractor, its agents, servants or employees in the performance of services under this contract. 17. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official oftbe governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying 8 out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary imerest, direct or indirect, in this Agreement or the proceeds thereof. 18. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influenelng 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 entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreemem. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" ia accordance with its instructions. 19. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any mariner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with iris duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or admini.ntrative proceeding will constitute a conflict of interest under this Agreement. 20. COMI~LIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to fuminhing services under this Agreement shall constitute a material breach of this Agreement. 21. WAIVER. The waiver by the City of any ofthe Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 22. PUBLIC ENTITY CRIME The Contractor shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Commctor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon or resulting fi:om the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liab'flity and, at its discretion deduct from the Agreement price, or otherwise recover, the full mount of sueh fee, commission, percentage, gift or consideration. 24. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 25. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River CounE¢, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 26. INSURANCE. The Coutmctor agrees to cra-fy ~ur~mce, o£the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability, - Contractor shall purchase Commercial General lO Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Comractor shall malrttain such insurance as is reasonably required to satisfij its obligations for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub-contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under 'this Contracl, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 27. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by City. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the City for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. Any materials, equipment or work which do not satisfactorily meet the Specifications may be condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from ot~r cause shall be removed within ten (1 O) days after written notice is given by the City, and the work shall be re-executed by the Contractor. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days atter written notice to do so, the City may remove them and may store the materials and equipment. The making of the final paymenl by the Cily to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (I) year from the date of final written acceptance of the Work by the City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): CITY OF SEBASTIAN Sally A. Maio, CMC, City Clerk City Clerk Approved as to form and legality for reliance by the City of Sebastian only: By: Terrence R. Moore, City Manager Rich Stringer, City Attorney Nallle: Name: Signed, sealed and delivered in the presence of: · ~"~;, ,, T~ 'fer G Brushwood .-*~?~' '~.."% Commission #DD279215 :*~ Mt L* ~ ~:-mires' Jail 06, 2008 ~;~ ~o~c°''~' COBfTRAC~R: Title: JDr ~' DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that f'.,o /~t.1~2[~ OA/~ ~'.~ ~ / ~A/~ does: ~-- / t 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken agains! employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program ffsuch is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-fi-ee workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: /~Contractor PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under sectio~ 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behaffofdealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a **convicted vendor** list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to TlqE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. I~ INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALl, BE SUBMiT'I'ED CONCURRENTLY WiTH YOUR QUOTE OR BID DOCUMENTS. NON INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TH/S FORM MUST BE SIGNED IN TI]F, PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. ProjeCt Name / Bid/Contract for TI~E CITY OF SEBASTIAN. 2. This sworn statement is submitted by ~C~/~/~f~/~? 9t~q~a~F/~ -, whose business adams is ~7~7~. ~nd (it appli~ble) its Fede~l Employer lden~tion ~ ~ /~L o/~tq~ ~>~ . 3. My name is ~v~ QccSe0 (please p~at nameMind~idual~c~y;~ signing) and my ~tionship to the ent~' named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. '5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shah be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted ora public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.I33(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belie~; the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any ofcers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted ora public entity crime subsequent to July 1, 1989. __ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the eutlty, or an affiliate of the entity has been charged with and convicted ora public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) __ The person or affiliate has not been placed on the convicted vendor list. (Please ~lescribe any action taken by or pending with the Department of General Services.) STATE OF FLORIDA COUNTY OF The foregoing instrum_en.t was acknowledged before me this [ ~ day of afl of .~5C..~ ~ ~ q ~ ~ . He/she ~ pe~ona~ ~own to me or has produced as ident~eafion ~d ~d ( ) did not~ta~ an oath. G. Bmahwo ~,:'~.a ~sion ~DD279215 -,~ ~" B~d~ ~ My Commission Expires: ~~ Commission Number: ~ ~ Dq~ ~ CERTIFICATE OF LIABILITY INSURANCE 2/: /2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MICHAEL J. KELLY INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3463 State Street, #224 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara, CA 93105 805-682-0113 INSURERS AFFORDING COVERAGE NAIC# 5747 North Andrews Way ~NSURERC: Lexington Insurance Co, any Ft. Lauderdale, FL 33309 INSURER O: Kar%for~ Casualty I~uran~e C~an~ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RE DUC ED BY PAID CLAIMS. GE__NERAL LIABILITY EACH OCCURRENCE $ 1 · 000 t 000 I CLAIMEMADE [] OCCUR MED EXP(Anyoneperson) A X XAlarm E & O 72 URN QD4013 01-01-04 01-01-05 PERSONAL&ADVtNJURY iS 1,000,000 -- GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMR/OPAGS $ 2,000,000 X ANYAUTO ~ (Ea;~ccident) S i ~ 000 1000 X ALL OWNED AL~OD A iX HIREDAUTOB 72 URN OD4013 01-01-04 01-01-05 BODILYINJURY EXCESS/UMBRELLA, ~---ILIABILITY EACH OCCURRENCE $ 3 ! 000 1000 X [ OCCUR EI CLAIMSMADE I AGGREGATE $ 3 , 000 1000 72 ~HU QD4248 01-01-04 01-01-05 $ X RETENTION $ 10 f 000 BERGODMPENGA O ^RO × EMPLCYERS'LIA°~ILITY 16504-i 01-01-04 01'01-05 E.L EACH ACCIDENT $ i f 000·000 B I OFFICE~M~B£R ~CLUDED? E.L DISEJ~E - EA EMPLOYEI $ ~ r 000 ! 000 S~EOIAL PROVISIONS below E.L. DISEASE - POLICY MMU $ 1 I 000 ~ 000 OTHER PROPERTY 5628407 01-01-04 ~01-0[-05 ~570,000 BLANKET C Equip. 270,000 All LoC )ESCR~PT~ON OF OPERAT~OMS ~LOCAT,ONS~ VER~CLES~ EXClUSiOnS ^ODES EY ENDORSSME~SPEC~^L PROV~S,O~E Cerficate holder is named as an additional insured as respects General Liability *10 DAY CANCELLATION EXEPTION FOR NON-PAYMENT OF PREMIL~4 :ERTIFICATE HOLDER CANCELLATION City of Sebastian Attn: Paul Wagner 1225 Main Street Sebastian FL 32958 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DATE THEREOF, THE ISSUING INSURER W~LL ENDEAVOR TO MAIL *30 DAYS WRFFFEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR %CORD2ll (2001/08) City of Sebastian Project Location City of Sebastian 1225 Main Street Sebastian, FL 32958 City Hall Proposal: 4152-0 9/8/2003 Prepared For: Paul Wagner 7121 Grand National Drive Orlando, FL 32819 407-354-1119 The data contained in all pages of this proposal has been submitted in confidence and contains trade secrets and/or privileged or confidential commercial or financial infomlation. Such data shell be used or disclosed only for evaluation purposes, provided that if a contract is awarded to this · proposer as a result of or in connection with the submission of this proposal, the Customer shall have the right to use or disclose the data herein to the extent provided in the contract. This restriction does not limit the Customer's rigM to use or disclose data obtained without resb'iction from any source, including the proposer. 7121 Grand National Drive Orlando, FL 32819 407-354-1119 www.securityone,com February 12, 2004 Paul Wagner CiW of Sebastian 1225 Main Street Sebastian, FL 32958 Re: CCTV, Access - Proposal Dear Mr. Wagner: Thank you for allowing Security One Systems, Inc. the opportunity to present this proposal for your consideration. This proposal is based on our discussions, meetings, site surveys, and bid documents created by your organization. Our company is uniquely qualified to provide the installation and service required for the above referenced security system. Security One Systems, Inc. has an established track record of installing and maintaining similar systems as well as meeting strict time schedules and budget requirements. Our engineering and project management staff have worked together with me to create this proposal. This team will be prepared to deliver your installation in an organized and professional mariner. Our installation crews and service technicians will be uniformed, trained, and in company stocked vehicles. In addition, upon completion of the installation, our service department staffwill be ready to provide you with same day service utilizing our unique computerized dispatch system. Finally, although most of the work to be done will be executed by other team members, I will be committed to monitoring the process and making sure that your system meets or exceeds your expectations. Sincerely, Ross Linville Security Sales Advisor Page 2 of 13 4152-0 Scope: Access Control Pate 3 of 13 ..... Scope: Access Control . Page4 cfi3 4152-0 Scope: Access Control Page 5 of 13 4152-0 Scope: Access Control Page 6 of' 13 4152-0 Scope: CCTV Page 7 of 13 4152-0 Scope: CCTV Page 8 of I3 4152-0 Equipment List ,,Make - Model Yuasa - X-BA T-NP712 Make - Model Altronix-X. X-PSU-AL600ULACM Make - Model NexWatch. X-CAB-PW5K1ENC3 Qt~ ~ake- Model 1 NexWatch - X-C0M-PW3K1EN Q~ Make. Model 2 G.R.I.- B-DC-29AB I G.R.I. - B-DC-29AB 13 G.R;I. - B-DC-29AW 7 G.R.I. - B-DC-29AW 1 G.R.I. - B-DC-8080-TWGW 1 Sentrol- B-DC-1078BR Otv Make - Model 1 NexWatch - X-CTL-PW3KIIC Make - Model Detection Systems - X-EXD.DS 150i Securiton - X-EXD-EEB2 Page 9 of 13 4152-0 Equipment List Make - Model NexWatch - X-CTL-PW5KIlN NexWatch - X-CTL-PW5KOUT Qty Make - Model 2 Aiphone - LEF-3L .~t~ Make - Model 3 Dynalock - X-LCK-2011-DSM 2 Dynalock-X-LCK-2011-DSM 3 Secudty One Systems - X-LCK-MA-1C Q~ Make- 3 NexWatch - X-CTL-PW5K1R2 ,.~ake - Model HID Corporation - X-RDR-Thinline HID Corporation - X-RDR-Thinline Otw Make - Model 1 Ademco Group- V-DVR-ARM20N1000 Qty Make - Model 20 Connectors Plus/nc. - SB-114BP Oty Make - Model 7 Pelco - V-CAM-ICS090-CA3 1 Pe/co - V-CAM-ICS-100-CRV3A Page lOofl3 41 $2-0 Equipment List Make - Model Pelco - V-PSU-MCS 16-10B Q~ Make - Model 11 Inovonics- B-HUP-FA205S-BK 1 Inovonics - B-WLR-FA464DR 6 United Security Products - B-HUP-HUB2SA Page II of]3 4152-0 Financial Summary Proposal Number: 4152-0 Billin$ Address: Project Location: City of Sebastian City of Sebastian 1225 Main Street 1225 Main Street Sebastian, FL 32958 Sebastian. FL 32958 CCTV Sunmmry Eauivment $8,915.92 Materials $1,458.96 Labor $3,358.34 System Total $13,733.22 Access Summary Equimnent $10,628.69 Materials 3,472.87 Labor 8,782.43 System Total $22,883.99 Total Summary CCTV System $13,733.22 Access System $22,883.99 Special Conditions $300.00 Systems Total $36,617.20 Adjustment ($59.55) Total $36,857.65 This proposal doss not include sales tax Page 12 of 13 4152-0 Acceptance For the amount of $36,857.65 for installation. This proposal Is valid until 11/07/2003 City of Sebastian Authorized Customer Signature Date Printed Name Title Security One Systems, Inc. Pdnted Name Title Date PO Number The above persons represent that they are authorized to sign and execute this binding agreement. This acceptance indicates understanding of the complete proposal, including clarifications, design, programming, drawings, o~merehip and soft~are licenses and the Warranty Service Plan below. This system proposal is intended to provide the client partial protection o~ the designated premises. Its design should be understood to represent a con]premise between the costs, unders~:l scope of work, and customer feedback. Accordingly, such a system may not provide ample protection from all possible threats, and Security One Systems, Inc. shall not be responsible in such an event, Page 13 of 13 4152-0 City of Sebastian Project Location: City of Sebastian 1225 Main Street Sebastian, FL 32958 Police Dept. Proposal: 4153-0 9/8/2003 Prepared For: Paul Wagner 7121 Grand National Drive Orlando, FL 32819 407-354-1119 The data contained in all pages of this proposal has been submitted in confidence and contains trade secrets and/or privitaged or confidential cornrnnerniat or financial information, Such data shall be used or disclosed only for evaluation purposes, provided that if a contract is awarded to ~his proposer as a result of or In connection with the submission of this proposal, the Customer shall have the dght to use or disclose the data herein to the extent provided in the contract. This resthction does not lirnlt the Customer's right to use or disclose data obtained without restriction from any source, including {he proposer. 7121 Grand National Ddve Orlando, FL 32819 407-354-1119 www.securityone.com Febma~ 12, 2004 Paul Wagner Citw of Sebastian 1225 Main Street Sebastian, FL 32958 Re: CCTV, Access - Proposal Dear Mr. Wagner: Thank you for allowing Security One Systems, Inc. the opportunity to present this proposal for your consideration. This proposal is based on our discussions, meetings, site surveys, and bid documents created by your organization. Our company is uniquely qualified to provide the installation and service required for the above referenced security system. Security One Systems, Inc. has an established track record of installing and maintaining similar systems as well as meeting strict time schedules and budget requirements. Our engineering and project management staffhave worked together with me to create this proposal. This team will be prepared to deliver your installation in an organized and professional manner. Our installation crews and service technicians will be uniformed, trained, and in company stocked vehicles. In addition, upon completion of the installation, our service department staff will be ready to provide you with same day service utilizing our unique computerized dispatch system. Finally, although most of the work to be done will be executed by other team members, I will be committed to monitoring the process and making sure that your system meets or exceeds your expectations. Sincerely, Ross Linville Security Sales Advisor Page 2 of 13 4153-0 Scope: Access Control Page 3 of 13 4153-0 Scope: Access Control Page 4 of 13 4153-0 Scope: Access Control ,, Page 5 of 13 4153-0 Scope: Access Control Page 6 of 13 4153-0 Scope: Access Control Page 7 of 13 4153-0 Scope: CCTV Page 8 of 13 4153-0 Equipment List Qty .Make - Model 2 Yuasa - X-BAT-NP712 Otw Make - Model 2 Altronix-X - X-PSU-AL600ULACM Make - Mode! NexWatch - X-CAB-PW5K I ENC3 _Make - Mode! NexWatch - X-C0M-PW3K1EN QI3' Make - Model 12 G.R.I.- B-DC-29AW 7 G.R.I.. B-DC-29AW 1 Sentrol - B-DC-1078BR Make - Mode! NexWatch - X-CTL-PW3KI/C Q~ _Make - Model 10 Detection Systems - X-EXD.DS 150i 7 Securiton - X-EXD-EEB2 Otv Make - Model 1 NexWatch - X-CTL-PWSKIlN Page 9 of 13 4153-0 Equipment List Ot~ Make - Model 7 Dynalock - X-LCK-2011-DSM I Dynalock-X-I-CK-2011-DSM I Secudty One Systems - X-LCK-Customer 3 Secudty One Systems - X-LCK-MA-1C Otw Make - Model 8 NexWatch - X-CTL-PW5K1R2 Qb' Make - Model 10 HID Corporation - X-RDR-Thinline 2 HID Corporation - X-RDR-Thinline Make - Model Ademco Group - V-DVR-ARM20N1000 Make ~ Model Connectors Plus Inc. - SB- 114BP Otv Make - Model 4 Pelco - V-CAM-ICS090-CA3 3 Pelco - V-CAM-ICS-100-CRV3A Ob' Make - Model 1 Pelco- V-MON-PMC21A Ot'v Make - Model 1 Pelco-V-PSU-MCS16-10B Page 10 of 13 4153-0 Equipment List Mnke - Model Altronix-X - X-PSU-AL400ULACM Hoffman- 12x12 Housing Company - X-ACC-PS042Y NexWatch - X-COM-FC485 Security One Systems - Labor-Install United Secudty Products - B-HUP-HUB2SA Page 11 of 13 4153-0 Financial Summary Proposal Number: 4153-0 Billin$ Address: City of Sebastian 1225 Main Street Sebastian. FL 32958 Project Location: City of Sebastian 1225 Main Street Sebastian, FL 32958 CCTV Summary Ec~uiDment Mater/als Labor System Total Access Summary_ Eauiment Materials Labor System Total Total Summary CCTV System Access System Special Conditions Systems Total System Discount Total $10,175.43 $1,361.28 $3,592.90 $15,129.61 $17,062.40 5,038.49 12,600.15 $34,701.04 $15,129.61 $34,701.04 $300.00 $49,830.65 -$3,813.30 $46,317.36 This proposal does not include sales ~ax Page 12 of 13 4153-0 Acceptance For the amount of $46,317.36 for installation. This proposal is valid until 11107/2003 CRy of Sebastian Authorized Customer Signature Date Printed Name Title Security One Systems, Inc. ~;:~ty~e Systems, Inc. Signature / Date Printed Name Tit~e PO Number The above persons represent that they are authorized to sign and execute this binding agreement. Th~s acceptance indicates understanding of the comp eta proposal, including clarifications, design, programm ag drawings, ownership and software licenses and the Warranty Service Plan below. This system proposal is intended o provide the client partial protection of the designated premises. Its design sbould be understood to represent a compromise between the costs, understood scope of work, an(/customer feedback. Accordingly, such a system may not provide ample proteCtion from afl passible threats, and Security One Systems. lnc. shal! not be responsible in such an event. Page 13 ofl3 4153-0 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approve KSM Engineering For Testing & Inspection Services. App~ed for.SuJ~mittal by: City Manager Terrence R. Mo~ore !Agenda No. Oq. 06 0 Department Origin: ~ Finance Director: ~ '~-- Date Submitted: March 1, 2004 For Agenda of: March 10, 2004 Exhibits: None EXPENDITURE REQUIRED: Not to exceed $20,000 IA_MOUNT BUDGETED: $20,000 APPROPRIATION REQUIRED: None SUMMARY Suffolk Construction bid out Testing & Inspection Services required for the City Hall Municipal Complex Project. Local firm KSM Engineering of Sebastian was awarded the work by Suffolk, and to avoid a delay in the projected completion date of the City Hall Municipal Complex KSM has provided and continues to provide testing & inspection services on an as needed basis by Suffolk. These Services are part of the "owner provided items" which Suffolk Construction is assisting the City with. RECOMMENDED ACTION Move to authorize Testing & Inspecting Service, on an as needed basis, by KSM Engineer'mg, Sebastian, FI, for an amount of not to exceed $20,000. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Alcoholic Beverage Approval for Welcome Wagon Club of Sebastian A~Provedfor Submittal by: City Manager Terfence R. Moore Agenda No. Purchasing/Contra~ting~ Finance Director: City Attorney: City Clerk: Date Submitted: March 2, 2004 For Agenda of: March 10, 2004 Exhibits: Rental Permit Application EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUHtED: None None REQUIRED: None SUMMARY Peggy Andrie, representative from the Welcome Wagon Club of Sebastian is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, March 27, 2004 from 6 to 10 PM. They expect 125 people to attend and have paid for police services. Staff has verified the applicant's age and does not anticipate any problem with this fundraiser. RECOMMENDED ACTION Move to approve the use of alcoholic beverages for the Welcome Wagon Club of Sebastian on Saturday, March 27, 2004 from 6 to 10 PM at the Community Center and authorize ($10.00) door charge as fundraiser. DATE: CITY OF SEBASTIAN RENTAL PERM1W APPLICATION [] COMMUNITY CENTER [] YACHT CLUB NAME OF PERIVE~: ADDRESS OF PERMITTEE: No. Street PHONE # -q'- ~ I --r~c~¢~ M. AII mO ADDRESS: ~v~ ~L ~C~A~D ~ER OF P~SONS A~O EV~T: / ~ ~ H more ~a~ 75 a~nde~$, ~a d~ police offi~r se~ic~ are ~i~ . ~:(R-G2 -k 7 ) PLEASE ANSWER YES OR NO: 1. Are You a Resident of Sebastian? 2. Will There Be An Admission or Door Charge? 3. Will Alcoholic Beverages Be Served? (a) If answer to #3 is Yes, Permittee's proof of age: Office Use Only Make cheeks payable to City of Sebastian (A service fee orS% or $10.00, whichever is greater, may be charged for a dishonored check per City Resolution No. R-96-41) Rent ............... $ Non-Resident. Total ................ $ P. O. Services Total ............... $ SECURITY DEPOSIT ..............$250.00 RENT ............................. 1 ~c, Dy 7% TAX ........................... ~'o ~ S'~ POLICE OFFICER SERVICES ~,¢, g'. ~o OFFICE USE ONLY DATE PAID RECEIPT NO. INITIAL5 ~.lcOhol Beverage R~qu~st [] APPROVED [] DISAPPROVED Police Department Agreemmt Con~maed (if applicable). Date Key Piolmp Date: Key Returned Date: Security Deposit Returned By City Checlc~ For $ TO RENTERS DF SEBASTIA2~ CO~flvIUNITY ClENTER 01[ YAC!-IT CLLr~: A d-.~posix c~twc-hundmd f:f%y dollars ($250.00) for cleanup mum be made with the This de'posit is rafundable if the buildimg is ]ef~ ~lean and undamaged by perm~ee. If'oleaniag or ~',pair i~ necessary, by Cin, employee~ this depmit or ~ portionofthe d~posit be ~rf~od, based on information supp'Ii~d by the superintendent ofbu/Idimg& .City and regula~iom and ~ee d~o~. h Cap~ or D~ Da~ Worked Tkn~ ~fDsy Wozk~d CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Waive competitive bid procedures and authorize 4* of July fireworks contract award rov~~a/~by: City Manager Terrenee 1La~oore Agenda No. Department Origin: Purchasing/Contracting: Finance Director: City A.omey: ~ Ci~ Clerk: Date Submitted: March 2, 2004 For Agenda of: March 10, 2004 Exhibits: Form of Agreement and Proposal from Melrose Pyrotechnics EXPENDITURE REQUIRED: $12,500 AMOUNT BUDGETED: APPROPRIATION $19,000 REQUIRED: -0- BACKGROUND In order for the City to secure a date certain with a Pyrotechnics Firm for its annual Fourth of July celebration, (as has been customary) an agreement needs to be entered into. Melrose Pyrotechnics, Inc. has provided this service to the City in the past, and as such would be the most practical firm to continue providing the City with its fireworks display. A three-year comment provides a price of $12,500 per year with a 10% bonus for the third year. The new proposal has 100% electronically fired shows and is the same price as our agreement for 2001 through 2003. Due to the speclali~ed nature of fireworks display(s) as it relates to the City of Sebastian including our unique logistical requirements, (i.e., firing l~om an island) and because Melrose Pyrotechnics has done an outstanding job in the past and is f~amillar with the details of our operation, staff recommends Melrose Pyrotechnics, Inc. be awarded the Fireworks Contract for July 3, 2004, July 4, 2005 and July 4, 2006. SUMMARY Move to waive the competitive bidding procedures, and authorize staffto enter into a three (3) year contract with Melrose Pyrotechnics, Inc., for the City's annual Fourth of July Fireworks Display, for the years 2004, 2005 and 2006. MELROSE SOUTH PYROTECHNICS, INC. AGREEMENT This contract entered in this 11th day of March A.D. 2004 by and between MELROSE sOUTH PYROTECHNICS, INC. of Catawba, S.C. (hereinafter called "MELROSE") and the City of Sebastian, a Florida municipal corporation (hereinafter called "Customer"). WITNESSETH: MELROSE for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER a Fireworks Display as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of July 3, 2004, weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date during the weekend immediately following Labor Day. Customer shall remit to MELROSE an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of unsafe weather conditions shall rest within the reasonable discretion of MELROSE exercising safety standards of the industry. The decision to cancel the show due to non-safety aspects of inclement weather shall be made at the discretion of Customer m consultation with MELROSE. In the event the rescheduled alternate date is rained-out, MELROSE shall be paid 40% of the contract price at that tune, and the display for the two subsequent years will be increased in equal proportions by the amount of fireworks to have been provided in the cancelled show. The balance of the contract price for the cancelled display shall be added to the payment for the subsequent displays on a pro-rata basis. If the fireworks exhibition is cancelled without cause by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay MELROSE on demand, all MELROSE's out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. However, the total payment for said cancellation shall not exceed the contract price. MELROSE agrees to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is further agreed and understood that the CUSTOMER is to pay MELROSE the sum of $12,500, with a 50% deposit to be invoiced April 1, 2004. A service of 1 V2% per month shall be added ffaccount is not paid in full within 30 days of the show datel MELROSE will obtain Public Liabihty and Property Damage in the minimum amount of five million dollars ($5,000,000) and Workers Compensation insurance in accordance with Florida law. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge area. (b) Protection of the display area by roping-off or similar facihty. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE SOUTH PYROTECHNICS, INC. CITY OF SEBASTIAN By By: Scott Fulton P.O. Box 209 Catawba, SC 29704 (800)771-7976 Date Signed: Terrence R. Moore, City Manager 1225 Main Street Sebastian, FL 32958 (772)388-8203 Date Signed: MELROSE SOUTH PYROTECHNICS, INC. AGREEMENT This contract entered in this 11th day of March A.D. 2004 by and between MELROSE SOUTH PYROTECHNICS, INC. of Catawba, S.C. (hereinafter called "MELROSE") and the City of Sebastian, a Florida municipal corporation (hereinafter called "Customer"). WITNESSETH: MELROSE for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER a Fircworks Display as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of July 4, 2005, weather pernutting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date during the weekend immediately following Labor Day. Customer shall remit to MELROSE an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of unsafe weather conditions shall rest within the reasonable discretion of MELROSE exercising safety standards of the industry. The decision to cancel the show due to non-safety aspects of inclement weather shall be trade at the discretion of Customer in consultation with MELROSE. In the event the reseheduled alternate date is rained-out, MELROSE shall be paid 40% of the contract price at that time, and the display for the subsequent year will be increased equally by the amount of fireworks to have been provided in the cancelled show. The balance of the contract price for the cancelled display shall be added to the payment for the subsequent display. If the fireworks exhibition is cancelled without cause by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay MELROSE on demand, all MELROSE's out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. However, the total payment for said cancellation shall not exceed the contract price. MELROSE agrees to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with th~ program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is further agreed and understood that the CUSTOMER is to pay MELROSE the sum of $12,500, with a 50% deposit to be invoiced April 1, 2005. A service of I ½% per month shall be added if account is not paid in full within 30 days of the show date. MELROSE will obtain Public Liability and Property Damage in the minimum amount of five million dollars ($5,000,000) and Workers Compensation insurance in accordance with Florida law. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge area. (b) Protection of the display area by roping-off or similar facihty. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout ama at first light following a nighttime display. It is further agreed and mutually tmderstood that nothing in this contract shall be constructed or interpreted to mean a parmership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE SOUTH PYROTECHNICS, INC. CITY OF SEBASTIAN By By:. Scott Fulton P.O. Box 209 Catawba, SC 29704 (800)771-7976 Date Signed: Terrence R. Moore, City Manager 1225 Main Street Sebastian, FL 32958 (772)388-8203 Date Signed: MELROSE SOUTH PYROTECHNICS, INC. A 6'REEMENT This contract entered in this 11th day of March A.D. 2004 by and between MELROSE SOUTH PYROTECHNICS, INC. of Catawba, S.C. (hereinal~er called "MELROSE") and the City of Sebastian, a Florida municipal corporation (hereinafter called "Customer"). WlTNESSETH: MELROSE for and in consideration of the terms hereinafter mentioned, agrees to famish to the CUSTOMER a Fireworks Display as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of July 4, 2006, weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date during the weekend immediately following Labor Day. Customer shall remit to MELROSE an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of unsafe weather conditions shall rest within the reasonable discretion of MELROSE exercising safety standards of the industry. The decision to cancel the show due to non-safety aspects of inclement weather shall be made at the discretion of Customer in consultation with MELROSE. In the event the rescheduled alternate date is rained-out, the parties shall mutually have the option to agree to a convenient second alternate date during the subsequent six month time period, or either party may deem the contract fulfilled without f~rther recourse. If the fireworks exhibition is cancelled without cause by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay MELROSE on demand, all MELROSE's out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. However, the total payment for said cancellation shall not exceed the contract price. MELROSE agrees to famish all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is farther agreed and understood that the CUSTOMER is to pay MELROSE the sum of $12,500, with a 50% deposit to be invoiced April 1, 2006. A service of I 72% per month shall be added if account is not paid in full within 30 days of the show date. MELROSE will obtain Public Liability and Property Damage in the minimum amount of five million dollars ($5,000,000) and Workers Compensation insurance in accordance with Florida law. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge area. (b) Protection of the display area by roping-off or sinfilar facility'. (c) Adequate police protection to prevent spectators from entering display area. (d) Seamh of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon fl~e parties, themselves, their heirs, executors, administrators, successors and assigns. MF, LROSE SOUTH PYROTECHNICS, INC. CITY OF SEBASTIAN By Scott Fulton P.O. Box 209 Catawba, SC 29704 (800)771-7976 Date Signed: By: Terrence R. Moore. City Manager 1225 Main Street Sebastian, FL 32958 (772)388-8203 Date Signed: MELROSE PYROTECHNICS, INC. Febzuaxy 9, 2004 Mr. Terrance Moore City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Moore, Thank you for your interest in Melrose South Pyrotechnics, Inc., and the Opportunity to present this proposal for consideration. The enclosed show proposal is consistent with the displays we have provided in the past with regard to product quality and shell count However, this proposal also includes 100% electronic fn'ing as was provided'~for the Pelican Island'Centennial Celebration fireworks display last year. We are offering this proposal for~a three-year-period, with a SUbstantial bonus to the City of Sebastian for a three-year.commitmellt. Included with this package is an explanation sheet, which details the bonus plan. If you have any questions on our proposal or the bonus program, please donoI hesitate to call. will make myself available to discuss th/s"furttter at your request. Thank you again for the consideration, ~ look forward to continuing the relationship we'have built over the past eight years. Sinierely, Scott Fulton Event Producer ~HIC~ ATLANTA ~ CHARLO/It:: ~ ViINNEAPOLIS ~ LOUISVILLE ~' MILWAUKEE PROGRAM FEATURES & BENEFITS Melrose Three Show Bonus Plan Due to the popularity of our three-year contract "The Melrose Millennium Program" we would like to extend a new three-year offer to,our valued customers. Having you on our schedule of events long term helps us a great deal. in planning our fireworks and personnel needs. Therefore, we are pleased to offer an additional 5% of the budgeted amount of your first two 'contracts 'to your third display. In other words, your 2006 display will contain an additional 10% bonus:product. Example: July 2004 $].5,O00.00'~Bonus for 2006 $750.00 July ~2005 $17,000.00 .Bonus far 2006 $'850.00 July 2006 $17,000.00 Bonus $ 1,600.00 DisPlay Value $18~600.00 (The contract amo,unt of your%hird show ,must ~be equal to or greater ~ham the two previous shows in order to'receive the :bonus product.) This program also guarantees you will not b.e subJected to any price increases for~the term of this.agreement. The base quantity of product :offered will,'remain the same each year. The bonus will be added on :top of'the'base mate'rial of the ~tbird show. You can adjust your budget and show dates.each year provided .you remain.at or above our minim u m show am ounts for specified dates, Your Melrose representative.will tailor yo. ur contracts to suit your needs. Demand for professional fireworks services is increasing year after year. Fireworks companies are raising minimums and turning away new business. Secure your shows now for the next three years. MELROSE PYROTECHNICS, INC. 1-800-771-PYRO [7976) / www;melrosepyro.com City of Sebastian July 4, 2001 $12,500. O0 Proposal ,Opening ]0- 3" Titanium Salutes with Rising Silver Tails 2- 36 Shot 2 ~ "Red, White and Blue Peony's 2- 5" Red Comets 2- 5" Silver Comets 2- 5" Blue Comets Body ]JO- 3 "Shells t J O- 4" Shells 85- 5" Shells 75- 6" Shells Mid Show 2- 200 Shot 2 "Multi Color Bees J- 36 Shot 2 ~ "Multi Color Palm Tree's Grand Finale 200- J" Thunder King Salutes 200- 2" Color Chrysanthemum and Salutes with Tails 40- 3" Specia! Imported Star Shells 40- 3 "Domestic Peony Shells 20- 3 "Red, White, and Blue Ring Shells 50- 3" Titanium Salutes with Rising Silver Tails .5- 5" Super Brilliant Peony's 3- 5" Glittering Gold Chrysanthemum Shells 2- 5" Silver Palm Tree Shells 5- 6" Gold Brocade Crown Chrysanthemum shells City of Sebastian July 4, 200] M2, 5,00. O0 Proposal THE FOLLOWING ARE INCLUDED WITH THE iPROGRAM: 1. Five Million Dollars Public Liability Insurance 2. Experienced Display Operators 3. Display Operators covered by Worker's Compensation Insurance Department of Transportation Certified, CDL Licensed Drivers 5. All material and equipment loser up and'fire the display CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approve trade in of two old John Deere Tractors and purchase of a John Deere Front End Mower. ~ubmi~ by: City Manager ~-~renc~ R.~Y~or~ Agenda No. City Clerk: Date Submitted: March 1, 2004 For Agenda of: March 10, 2004 Exhibits: Proposal from Everglades Farm Equipment, picture of mower. State Contract Price Sheet and EXPENDITURE REQUIRED: $7000.00 AMOUNT BUDGETED: $7,000.00 APPROPRIATION REQUIRED: None SUMMARY The Parks and Recreation Division of Public Works, is seeking Council approval to trade in two old tractors and purchase a new mower. We have been offered $6,654,08 for a 1974 and 1988 John Deem tractors (City asset # 000225 & 000227) that we no longer utilize. Everglades Farm equipment is a John Deere dealer, and as such, has a market for these used tractors, therefore, we feel a better price can be realized by trading in the tractors rather than merely going to auction. These tractors have reached their useful life for our purposes at the City, and are a good time to trade them in. A John Deere 1435 fxont deck mower is available on State Contract # 515-630-03-01 for $13,654.08 t~om Everglades Farm Equipment of Fort Pierce, Florida. This price is a 28% discount from the list price ih accordance with the State Contract. This price minus the $6,654.08 trade in for the tractors comes to $7,000~ RECOMMENDED ACTION Move to approve the trade in of two John Deere tractors (City asset # 000225 & 000227) for $6,654.08 form Everglades Farm Equipment, and move to approve the purchase of a John Deere model #1435 front deck mower from Everglades Farm Equipment for $7,000.00. BUYER EQUIPMENT PROPOSAL ADDREB$ CONTACT PHONE .... CITY S~ATE ZIP FAX EVERQLADP. B FARM EQUIPMENT CO. 8t50 O,*ange Avenue FL Pier¢e, gL 34947 Phone: 772-461-556B Pax: 772-468-0735 DATE FILE'# ' ...... MAI~E MODEL SERIAL NO , 'a "' ""' "' QTY DESCRIPTION PRICE g.~.C,~ EXTENDED 1 JOHN DI~ERE , 143~ 14~35 FRONT MOWER WITH ;4 UP DIESl 1~,ge4,00 le.~.o~ 2WD A~b, ?2",~-IRON MOWER DECK i 0.0( ~ -1 LES§ ~TATE OONTRACT DlaCOUNT O0,N,,TRAC'T #5'15'630'03"01 '~'~' c:'3c"" -5,3~9,g2 -5,309.9; ,,, 0.~ ,,, .... 0,~ , ,, 0,~'~ ....... 0.~ ~=~,n= n==,',=,~.',^., SUBTOTAL ION ~TY MAKE' MI)DEL SERIAL# TI~DEAMT I LIEIdAMT MET'T~_a~" 1 J JOHN DEE~E 2030 ,, 250D 2r500.~ t JOHN DEERE 0,00 :O~ME,'rs OR S~'EC~.~.. ~NST,:uo'nONS ... TRADE TOTAL §r654.0§ ... SUBTOTAL 7,000.0~ TAX o.0p ....... SURTAX THIS ~'~O'~USAL MAY BE V~THDRAWN BY Ua. DOWN PAYMENT I ] ..... IF NOT ACCEPTED, , ,, WITHIH, ,, , 10 DAYS BAI..~NCE DUE 7,OOO, OO BuYER"OR 'LEEsEE 81GNATURE NEXTEL: 43323 OR CELL: 201-7741 ALL M~TER!AL I$ GUARANTEED AS SPECrFIED. ALL WORK IS TO BE DONE IN A PROFESSfONAL iVIANNER ACCORDING TO STANDARD 8PECIFI~TI~, ~Y ALTE~TJON OR D~IATION FROM THE A~E SPECIRCAT~S ~S~TING IN ~T~ C~TS WILL BE ~C~ED ON LY U~ W~TT~ ORDEr, ~ WI~ BEdE ~ ~ C~ ~ AND ABlE THE ESTI~. A~ A~EE. MENTS C~TI~ U~ STRIKES, ACCDE~S, ~ DE~YS BEY~D ~R ~n~ you for the oppormni~ to ~o~ you ~is equipmenfi J'l~se call me ~ I can be of ~h~r a=t~t~ce, O JOHN DE:ERE PRICE SHEET Page 6 of 15 PRICE SHEET LAWN EOIfI~MENT MANUFACTURER OR BRAND NAME: PERCENT (%) DISCOUNT JACOBSEN Price Sheet Number and Date: 90-040 January. 1, 2003 Discount to be used w/th Price List: .................................................... Parts Price List Number and Date: 90-040 January 1, 2003 Discount to be used with Parts Price List: 5% 24% Attachments/Accessory Price Sheet Number and Date: 90-040 2~/~./03 Discount to be used with Attachments/Accessory Price List: 5% CONTRACTOR: TrescaEquipment Company JOltN DEERE CO1VIPANY LAWN AND GARDEN PRODUCTS Price Sheet Number and Date: DS0224 December 6, 2002 Discount to be used with Price List: .................................................... 20% Parts Price List Number and Date: Discount to be used with Parts Price List: Attachments/Accessory Price Sheet Number and Date: DS0224 December 6, 2002 Discount to be used with Attachments/Accessory Price List: 20% CONTRACTOR: JohnDeere Company JOHN DEERE COMPANY COMMERCIAL PRODUCTS Price Sheet Number and Date: DS0225 December 6~ 2002 Discount to be used with Price List: ............................................. Parts Price List Number and Date: Discount to be used with Parts Price List: 0 Attachments/Accessory Price Sheet Number and Date: DS0225 December 6,2002 Discount to be used with Attachments/Accessory Price List: 28% CONTRACTOR: John Deere Company 28% http://www, state, fi.us/st_contracts/515630031/PRICE%20 SHEET. htm (16 (17 .(18 2/19/20O4 1420~1445 58.8!n. I 55 in. 82.7 in. 49.2 in _j 86.7 in. 5!.7 86 in. MHNICIPAL AIRPORT City of Sebastian, Florida Subject: Option for Airport Non-Aviation Lease Agreement Ms. Kerry Lynn Firth at Sebastian Municipal Airport [ ~l~proved~ for~iibmittal by: ~l~et~°r~a. ger Agenda No. 0C~. 0 7~h Department: Department Head: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: 3/3/2004 For Agenda of: 3/10/2004 Airport Exhibits: (3) - Letter, Proposed Option Agreement/Lease, Property Location Map EXPENDITURE I AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ n/a $ n/a REQUIRED: $ n/a SUMMARY Staff was recently approached by Ms. Kerry Lynn Firth regarding the possibility of leasing non-aviation property at Sebastian Murficipal Airport for the development of an eco-tourism/trading post style business, with the prospect of offering additional, complementary services in the future. This proposed property is located on the south end of the newly extended Airport Drive West, across from Dale Wimbrow Park (see attachment). Though we would not normally recommend a lease option without an equal number of leased acreage, this property is bordered by both a wetland and the Runway Protection Zone (RPZ) for Runway 4. Granting a two-year option on this parcel (approximately three acres) will hold the property and allow Ms. Firth the opportunity to undertake a feasibility study to see if there is enough available land for her intended development. Due to the unique location and characteristics of this parcel, staff is comfortable with this~ arrangement. In summary, we feel that this particular type of use would be an excellent addition to both the City of Sebastian as well as residents using the parks along Roseland Road. This endeavor represents yet another fantastic oppommity to offer our residents additional recreational opportunities as well as shoWcase economic development opportunities at Sebastian Municipal Airport. Airport staff and Ms. Firth will be available during your March 10, 2004 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to approve "Option for Airport Non-Aviation Lease Agreement" between the City of Sebastian and Kerry Lynn Firth. ,"~:-'. TREASURE COAST ALMANAC 4185 70th Ave. Yero Beack, FL 3296'7 561-567-3911 Fax 561-567-3277 E-mail TCAlmanac6~aol.com Felmmry 6, 2004 Jason Milewski, Manager Sebastian Municipal Airport 1225 Main SU'eet Sebik~ian, Florida Re: Airport Lease Ol~on Dear Jason: Fmclosed please find an OPTION FOR AIRPORT NON-AVIATION LEASE AGREE~ for the land located the southern corner of the new Roseland Road & Airport Drive West intersection, along with a check in the amount of one thousand five htmdred dollars ($1500) representing the first year payment on said option. While I will under take a feasib'flity study of the appropriate eonmiercial activities for this location, I will be glad to meet with you and review my plans. I have atili~ecl the formal of your agreement with Mr. Phillipson as approved by the City ~imCii-~' ~;ee~'so ~ m ~Orrfidem ihiif~ i~ ~ be' ~q:rrabl~ ~/ Kefiry Lynn Firth OPTION for AIRPORT NON-AVIATION LEASE AGREEMENT CITY OF SEBASTIAN, FLORIDA, Optionor, and KERRY LYNN FIRTH, Optionee. Proposal Date: February 26, 2004 Page -1- OPTION FOR AIRPORT NON-AVIATION LEASE AGREEMENT THIS OPTION AGREEMENT, made and entered into this __ day of March, 2004, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as the "Landlord"), and KERRY LYNN FIRTH, whose mailing address is 4185 70T~ Avenue, Veto Beach, FL 32968 (hereinafter referred to as the "Optionee"). The Landlord and the Optionee are sometimes collectively referred to herein as the "parties". WlTNES SETH: WHEREAS, The Landlord is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, said property constitutes a portion of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, said property is available for aviation and industrial use for those activities consistent with or in support of aviation activity; and WHEREAS, the Optionee desires to undertake a feasibility study of general commercial/industrial activities at Sebastian Municipal Airport pursuant to a lease of property from the Landlord; NOW TI-I~REFORE, in consideration of the payment of one thousand five hundred dollars ($1500) per Article V and the mutual covenants provided herein, the receipt and sufficiency of which are hereby again acknowledged, the parties have agree as follows: ARTICLE I GRANT OF OPTION Landlord grants to Optionee the option to lease a three-acre, more or less, parcel of land located at the southeasternernmost intersection of Airport Drive West and Roseland Road as shown in the sketch attached as Exhibit "A". Opfionee may exercise her option to lease such additional lands in whole or in part, but the eastern boundary of the Leased Premises must nm from roughly parallel to Roseland Road. Page -2- ARTICLE II FORM OF AIRPORT NON-AVIATION LEASE AGREEMENT The parties agree that upon exercise of this option Optionee shall enter into an Airport Non-Aviation Lease Agreement in the form attached hereto as Exhibit "B". IfOptionee initially elects to exercise the option on a portion of the land, and later exercises the option on any of'the remaining land, the parties shall execute an amendment to said lease to include such additional lands in the description of the Premises. It is anticipated that Optionee will form a corporation or other legal entity to operate any business on said Premises, and Landlord hereby consents to assignment of this Option to any such legal entity in which she is a principal. ARTICLE III TERM OF OPTION The term of the option shall be for two years beginning on March 15, 2004. The election or non-election to lease any or all parts of the above-referenced three acres shall not cause this option to terminate sooner than two years. For example, Optionee may exercise her right to lease one (1) acre in year one of the option, then thereafter elect to lease another additional one (1) acre in the second year of the option; however, nothing herein shall be construed to mean that Optionee shall have the right to make any election later than the expiration of the two-year period, nor for a cumulative total of land greater than three acres. On the anniversary date o£the execution of this Agreement, Optionee shall either pay the annual installment of the option Price as set forth below, or give Notice of Termination of the option. Failure to pay the amount due within fifteen (15) days of said anniversary date shall be deemed a termination of the option by Optionee. ARTICLE IV NOTICE OF ELECTION If Optionee desires to make an election or partial election at any time during the option period, she shall cause to be delivered a written Notice of Election to Landlord. Such notice shall contain a description of the land to be leased, and the date from which such lease shall  Page -3- commence; provided, however, that such commencement date shall be no later than the end of the two year period of the option. ARTICLE V OPTION PRICE Optionee shall pay to Landlord the following amounts per year for each remaining, but un-leased, acre or pro-rata portion of an acre covered under this Option Agreement: First year Five hundred dollars ($500.00) Second year Seven hundred fifty dollars ($750) ARTICLE VI RENT FOR ADDITIONAL OPTIONED LAND The rent for any lease(s) of any portion of the three acres covered in this Option Agreement shall be made in the amount and manner, and according to the same formula, as described in Exhibit "B". However, at the time Optionee makes the election to lease land under this Option Agreement, she shall receive as against her initial rent payments, a pro-rata credit for the amount of the option payment for that year which pertains to the additional land elected to be leased. For example, if at the end of the ninth month of the first year of the option, Optionee elects to lease an additional one (1) acre of land, then such future rent payment shall be calculated as described in Exhibit "B", less that one hundred twenty-five dollars ($125) for the one-fourth pro-rata share of the amount already paid to the Landlord during the first year to secure the option on that acre. Such credit shall apply to the first rent payment in the full amount of the pro-rata option payment for that additional acreage, and then to subsequent rental payments until credit is given for the entire credited option payment as pertains to that particular now-leased acreage. Page --4- IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally A. Maio, CMC City Clerk By: Terrence R. Moore, City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: Acting City Attorney Kerry Lynn Firth Page -5- Exhibit "B" to Option Page 1 of 28 AIRPORT NON-AVIATION LEASE AGREEMENT TI-US LEASE, made and entered into this day of ,200__, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and , whose mailing address is 4185 70t~ Avenue, Vero Beach, Florida, 32968 (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, said property constitutes a portion of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, said property is available for aviation and industrial use for those activities consistent with or in support of aviation activity; and WHEREAS, the Tenant desires to undertake general commercial/industrial activities at Sebastian Municipal ASrport and lease the said property from the Landlord; and WHEREAS, the Landlord has agreed to lease such proper~y to the Tenant subject to certain terms and conditions, and to that end as set forth hereinafter; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: ARTICLE I. LEASED PREMISES Subject to the terms and conditions set forth in this Lease, Landlord hereby demises and leases to Tenant and Tenant hereby leases from Landlord, that certain land, and any buildings, structures, fixtures, fences, utility installations, parking facilities, landscaping and irrigation systems currently existing or hereafter located thereon at Sebastian Municipal Airport, as more particularly described on Exhibit "A" hereto ("Premises"). Tenant shall cause a survey to be undertaken at its expense ("Survey"). Based upon the Survey a legal description will be attached, as Exhibit "A-I" to this Lease and the size of the Premises and annual rent will be adjusted if necessary. Tenant hereby leases the Premises subject to, and Tenant hereby agrees to comply with: (i) all applicable building codes, zoning regulations, and municipal, county, state and federal laws, ordinances and regulations governing or regulating the Premises or its uses, (ii) all covenants, easements and restrictions of record, (iii) Rules and Regulations, of Sebastian Municipal Airport, as the same may be amended from time to time ("Field Rules"), (iv) Development Standards attached hereto as Exhibit "B" ("Development Standards"), and (v) the Sebastian Municipal Airport Master Plan dated 2002, as the same may be amended fi.om time to time (the "Master Plan"). 1.1 ..Condition of Premises Except as agreed to in Paragraph 1.2 herein, Tenant accepts the Premises "AS-IS". Tenant acknowledges that Landlord has made no representations or warranties relating to the suitability of the Premises for any particular use, unless otherwise expressly provided in this Lease, Landlord shall have no obligation whatsoever to repair, maintain, renovate or otherwise incur any cost or expense with respect to the Premises. (a) Tenant shall not permit any unlawful nuisance, waste or injury on the Premises. Tenant agrees to surrender the Premises upon the expiration of this Lease, or earlier termination hereof in a condition substantially similar to the condition of the Premises on the Commencement Date, ordinary wear and tear accepted. (b) Tenant shall have the right to terminate this Lease within forty-five (45) days from the Effective Date of this Lease if Tenant is unable to obtain a title insurance policy due to outstanding liens and/or encumbrances on the Premises, the reverter rights of the federal government under the original deed to the City of Sebastian excepted. 1.2 Construction of Improvements by Landlord Landlord, at its own cost, agrees to provide a public access roadway, waterlines and electricity up to the right-of-way adjacent to the Premises no later than the Commencement Date. 1.3 Construction of Improvements by Tenant. Tenant shall have sole responsibility for construction of the remaining Improvements within the Premises. ,amy construction by Tenant on the Premises shall be in accordance with local building and land development. 1.4 Quiet Enjoyment. Landlord agrees that, subject to Tenant's performance of the terms and conditions of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the Premises in accordance with the terms and conditions of this Lease. 1.5 Permitted uses. The Tenant agrees that the leased premises shall be used exclusively for commercial and/or industrial purposes allowed under the City zoning code with Phase I of the development being an eco-tourism based trading post. Any use of the remainder of the leased premises that is a conditional use under said code shall require the express written consent of the Landlord. Such consent may not be unreasonably withheld by the Landlord. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. 1.6 Signage. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law and the Development Standards; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. ARTICLE II. TERM OF LEASE The Effective Date of this Lease Agreement is as first set forth above in the Preamble. The initial Term of the Leasehold hereunder shall run for a period of thirty (30) years from said Effective Date, unless sooner terminated in accordance with the terms and provisions hereo£ 2.1 Optional Extension. An appraisal of the land value of the Premises shall be conducted for Landlord during the twenty-fitCh year of the Term by an MAI certified appraiser, unless this requirement and the Option to Extend is waived in writing by Tenant. 3 2.2 Tenant Options. Within fifteen (15) days after delivery to Tenant of the appraisal, Tenant may exercise one of the following three options: A. Accept the valuation therein and offer in writing to enter a non- assignable, nonrenewable lease extension agreement for up to thirty (30) additional years in accordance with the provisions herein except applying a new base Annual Rent amount equal to ten percent (10%) of the value established in said appraisal. This Extension Agreement shall be substantially in the form attached hereto as Exhibit "C". B. Give notice of its intent to commission a second appraisal by a certified real estate appraiser to be completed within forty-five (45) days. 1~ If said appraisal results in a valuation of the Premises within ten percent (10%) of the initial appraisal, the figures shall be averaged. 2. If a disparity of greater than ten percent (10%) results, the respective appraisers shall confer and attempt to negotiate a compromise valuation. 3. If no compromise results, said appraisers shall jointly submit the name of a qualified appraiser to the parties who shall then jointly commission an appraisal therefrom. Said appraisal value will be used to establish the rental amount if it falls between the values of the first two appraisals. If the value thereof falls outside the range of the first two appraisals, the relevant value shall be derived from averaging the three appraisals. Within thirty days of establishment ora rental value as set forth above, Tenant may exercise either option contained in subparagraphs A and C hereo£ C. Give notice of its intent to allow the lease to expire at the end of the thirty-year term. 2.3 Landlord Options. If Landlord does not accept an offer to enter into a renewed lease, the lease shall expire at the end of the thirty-year term, but the rent for the final five years of the lease shall be waived as additional consideration to Tenant for relinquishing ownership of all site improvements thereafter. 2.4 Automatic Increases during Extension. During the term of any extension pursuant to this Article, on each anniversary of the Effective Date, this Annual Rent shall be increased by three percent (3%) annually, with reappraisal adjustments in the tenth and twentieth years, as set forth below. ARTICLE II1 RENT The parties agree that the Rent payable by the Tenant during the Term of this Lease shall be as follows: 3.1 Annual Rent. Tenant shall pay to the Landlord annual rent for the Premises (hereinafter referred to as the "Annual Rent") for each twelve (12) month period or portion thereof during the Initial Term and any Extension Term of this Lease, beginning with the first day of the month after a Certificate of Occupancy is issued for improvements to the Premises, or twelve months following the Effective Date hereof, which ever occurs first (hereinafter called the "Commencement Date"), in the amount detailed below, which Annual Rent shall be thereafter payable on a quarterly basis on or before the first day of each third calendar month (or partial calendar month) thereafter, in amounts equal to one-fourth (1/4) of the Annual Rem then due, plus any sales or rent taxes due on that installment, in advance, in lawful money of the United States, without deduction or set-off, at the Finance Department office of the Landlord. Annual Rent for a partial month during the Term of this Lease shall be prorated based on the number of days in such month. 3.2 Calculation of Annual Rent and Fees. Beginning with the Commencement Date; Annual Rent shall be paid in the amount often cents (10¢) per square foot for the Premises. Until completion of the required survey, the rent shall be based upon estimated acreage, if necessary, and adjustments shall be made following receipt of the survey to reconcile past rent with the exact land area. The parties recognize that the purchasing power of the United States dollar fluctuates. Beginning twelve (12) months from the Commencement Date and every twelve (12) month period after for the term of this agreement, Annual Rent shall be increased by three percent (3%). However, in the tenth and twentieth year of the Term (or any extension thereof), in lieu of this automatic annual adjustment, the Annual Rent shall be adjusted by reappraisal to ten percent (10%) of the fair market value of the Premises excluding any Improvements made by Tenant; however, in no event shall an increase in Annual Rent based upon reappraisal exceed ftve percent (5%) of the Annual Rent applicable in the year prior to the scheduled increase nor shall the Annual Rent ever be less than ten cents per square foot. 3.3 Fair Market Value. The fair market value of the Premises excluding any Improvements made by Tenant shall be determined by appraisal within three (3) months of the date on which an adjustment to the Annual Rent is to become effective. Said appraisal shall be based on the value of comparable property adjusted for limitations placed upon the property due to its ownership/use restrictions, but shall not be restricted to the consideration of properties located Airports. The Landlord shall select a qualified appraiser ("First Appraiser") and notify Tenant of such selection, and the First Appraiser shall proceed to determine the then fair market value of the Premises excluding any Improvements made by Tenant and shall provide Tenant and Landlord with a copy of such appraisal. If Tenant is not satisfied with the First Appraiser's appraisal, Tenant within fifteen (15) days after receipt of such appraisal shall notify Landlord of Tenant's selection of a second appraiser ("Second Appraiser"). If Tenant does not so select a Second Appraiser and notify Landlord of such selection within such fifteen (15) day period, the First Appraiser's appraisal shall be conclusive as to the then fair market value of the Premises excluding any Improvements made by Tenant. Ifa Second Appraiser is so selected, he shall prepare an appraisal and a copy thereof shall be delivered to Landlord within forty-five (45) days. If the two appraisals determine valuations within ten percent (10%) of one another, the valuations shall be averaged to establish Fair Market Value. If the values vary by more than ten percent (10%), however, the First and Second Appraisers shall meet within fifteen (15) days after the Second Appraiser's report is delivered and attempt to agree on the Fair Market Value. If the First and Second Appraisers cannot agree, within fifteen (15) days after such meeting, on the then Fair Market Value of the Premises, then the First and Second Appraisers shall select a Third Appraiser who shall evaluate the two appraisals thus rendered, meet with the First and Second Appraisers, and establish a Fair Market Value within the parameters~ established by the reports of the First and Second Appraisers. After reaching a decision, the Third Appraiser shall give written notice thereof to Landlord and Tenant. (a) Each party shall pay the fees and expenses of each appraiser appointed by such party, and the fees and expenses of the Third Appraiser and all other expenses, if any, shall be borne equally by both parties. Any appraiser designated to serve in accordance with the provisions of this Agreement shall be designated as an "MAI" appraiser by the Amehcan Institute of Real Estate Appraisers or shall be comparably qualified to appraise commercial real estate, shall be disinterested and shall have been actively engaged in the appraisal of real estate for a period of not less than five (5) years immediately preceding his appointment. (b) In the event the then fair market rental value of the Premises has not been determined in accordance with the provisions of this Paragraph until after the date upon which the required adjustment is to become effective, payments of the monthly installments of the Annual Rent shall be based upon the rental amount previously in effect. Once determined, the new Annual Rent shall become effective, retroactive to the date upon which such adjustment was required, and within thirty (30) days after the Tenant has received notice of the new Annual Rent, Tenant shall pay to Landlord any additional Annual Rent that is due and owing, or if applicable, the Landlord shall reimburse Tenant for the amount of any overpayment of Annual Rent. 3.4 Sales Tax. In addition to the rental amount, the Tenant shall pay Florida sales tax, as applicable. 3.5 Time of the Essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. 3.6 Interest on Amounts Due. Any installment of Annual Rent, Rent, or other amounts due from Tenant under this Lease, that is not received within ten (10) business days after it is due, shall bear interest fi.om the date when the same was due until paid by Tenant at the interest rate of eighteen percent (18%) per annum. 7 ARTICLE IV. IMPROVEMENTS TO THE PREMISES 4.1 Improvements. All engineering and design plans for improvements developed by Tenant and any substantive deviations therefrom must be approved in writing by Landlord, which approval shall not be unreasonably withheld. No building or other structure shall in any way curtail the use of the airport facilities in their usual operations, and all structures must be approved, in writing, by the FDOT and the Federal Aviation Administration ("FAA") prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the Development Standards, local and state codes, regulations and requirements as well as in accordance with all requirements of the FAA and FDOT. 4.2 Construction Risks The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. 4.3 Confirmation of Ownership At the end of the Term or earlier termination of this Lease, for any reason, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. ARTICLE V. REPAIRS AND ALTERATIONS The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to the Sebastian Land Development Code, the Development Standards, and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive and clean manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. ARTICLE VI. UTILITIES The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service, refuse storage and removal, or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption off any such services or utilities. ARTICLE VII. TAXES 7.1 Property Taxes and Assessment. The Tenant shall pay when due during the Lease term all ad valorem taxes, assessments (including, without limitation, stormwater utility charges) or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 7.2 Partial Year. If the Term of this Lease expires or is earlier terminated prior to the close of the tax year for which any such tax is payable, or if the Term of this Lease commences on a date other than the first day of such tax year, Tenant shall be responsible for paying a percentage of the tax calculated by dividing the number of days that this Lease was in effect during such tax year by the total number of days that the Premises was leased to tenants (excluding any tenant engaging in a use of the Premises which results in the Premises being exempt from taxation) during such tax year. If this Lease is in effect for a period less than any emire period for which an assessment other than a tax is imposed, Tenant shall pay a percentage of the assessment calculated by dividing the number of days this Lease was in effect during that assessment period by the total number of days in the assessment period. 7.3 Delayed Payment. In the event Tenant fails to pay such taxes and assessments when due, Tenant shall be obligated to pay all resulting interest and penalties on such delinquent taxes and assessments. Tenant may exercise any rights provided by law to contest or pay under protest any taxes and shall not thereby be deemed in default under this Lease, provided that such contest or payment under protest does not result in the imposition of a lien for delinquent taxes on the Premises or any Improvements, and Tenant promptly pays all taxes and assessments (and any interest and penalties with respect thereto) ultimately determined to be due. No provision of this Lease shall be construed as a release or waiver on the part of Landlord of the right to assess, levy or collect any license, personal property, intangible, occupation or other tax which they, or either of them, may lawfully assess, levy or collect on the business or property of Tenant. Tenant's obligations under this Article shall survive the expiration or earlier termination of the term of this Lease. 7.4 Payment of Sales Tax. Tenant shall be liable, at its sole expense, for any sales, use or similar taxes with respect to all Annual Rent, Kent, and other payments made or received by Tenant pursuant to this Lease. Tenant shall indemnify, defend and hold Landlord completely harmless from and against any liability, including any interest and penalties, which might arise in connection with Tenant's failure to timely remit any such taxes. herein. ARTICLE VIII. INSURANCE Tenam must provide insurance coverage meeting or exceeding the requirements 8.1 Hazard Insurance. Tenant shall at its sole expense, obtain and maintain throughout the Term of this Lease, property insurance on and for all Improvements, equipment, furnishings and other personal property now or hereafter erected, installed or used 10 at the Premises, on a replacement cost basis (without deduction for depreciation), for the benefit of Landlord and Tenant as their interests may appear, with such coverage, in such form, and with such company or companies as Landlord shall approve in writing, including coverage for damage by fire, the elements or other casualty with standard extended endorsements. Tenant, on behalf of itself and its insurance carriers, hereby waives any and ail rights of recovery which it may have against Landlord or any other party who it is required to indemnify in accordance with the provisions of this Lease, for any loss of or damage to property it may suffer as a result of any fire or other peril insured under an insurance policy which it is required to obtain hereunder. 8.2 Liability Insurance. Tenant shall, at its sole expense, obtain and maintain throughout the Term of this Lease, automobile liability insurance on all automobiles used in connection with its operations at the Premises, and commercial general liability insurance protecting the Landlord and Tenant (including, without limitation, all members of the governing board of Landlord), officers, agents and employees of each, from and against any and all liabilities arising out of or relating to Tenant's Permitted Uses, or the conduct of its operations on the Premises, in the amount of not less than $1,000,000 (or such greater amount as may be maintained by Tenant from time to time) per occurrence, with no self- insured retention or deductible amount, in such form, and with such company or companies as Landlord shall approve in writing, which approval shall not be unreasonably withheld. Such insurance shall include contractual liability coverage for Tenant's covenants to indemnify the Landlord and the other parties as required under this Lease and shail provide that it is primary insurance as respects any other valid and collectible insurance the Landlord may possess, including any self-insured retention or deductible any of them may have, and that any other insurance carried by any of them shall be considered excess insurance only. 8.3 Sovereign Immunity. The coverage limits of Paragraph 8.2 shall be adjusted proportionally to any increases in the limits of the sovereign immunity waivers provided Landlord under law; however, nothing in this paragraph shall be construed as a waiver by Landlord of the protections of sovereign immunity. 8.4 Workers' Compensation. Tenant shall keep in force, at its sole expense, workers' compensation or similar insurance affording the required statutory coverage and requisite statutory limits. 8,5 Certificates of Insurance. Within thirty (30) days after the Effective Date of this Lease, and within thirty (30) days after the expiration of any policy or policies provided by Tenant hereunder or construction of new improvements requiring coverage, Tenant shall furnish an original certificate of insurance to Landlord evidencing such coverage, naming the Landlord as an additional insured under the policies required by this Article, and confirming that the policy or policies will not be canceled or modified nor the limits thereunder decreased without thirty (30) days' prior written notice thereof to Landlord. Tenant shall also provide Landlord with copies of endorsements and other evidence of the coverage set forth in the certificate of insurance as Landlord reasonably may request. If Tenant fails to comply with the terms of this Article, Landlord, shall have the right, but not the obligation, to cause insurance as referenced herein to be issued, and in such event Tenant shall pay the premium for such insurance upon Landlord's demand. Landlord shall have the right, exercisable on ninety (90) days' prior written notice to Tenant, to require Tenant, from time to time to reasonably increase the monetary limits or coverage provided by such policy or policies. ARTICLE IX. DESTRUCTION OF IMPROVEMENTS Damage to the Improvements shall not cause an abatement of Tenant's obligation to pay Annual Rent to Landlord, or to make any other payments required to be made by Tenant under this Lease. 9.1 Partial Destruction. In the event that less than 80% of the principle building/improvements at the Premises is damaged or destroyed by fire or other casualty, the provisions ofthis paragraph shall apply. (a) Tenant shall give prompt written notice thereof to Landlord, and Tenant, at its own expense, shall promptly repair, replace and rebuild the same, at least to the same extent as to the value and as nearly as practical to the character of the Improvements existing immediately prior to such time. (b) Upon receipt by Tenant and the Landlord of the proceeds of any property or builder's risk insurance policy or policies, Tenant and the Landlord shall deposit same in an interest-bearing escrow account to pay for the cost of such repair, replacement and rebuilding. Tenant shall receive and hold such proceeds (and any interest earned thereon) in trust for such ~-~. work, and Tenant shall distribute such proceeds (and any interest earned thereon during construction) solely to pay the cost of such work. If the amount of such insurance proceeds (together with the interest earned thereon) is insufficient to pay the costs of the necessary repair, replacement or rebuilding of such damaged improvements, Tenant shall pay any additional sums required, and if the amount of such insurance proceeds (together with the interest earned thereon) is in excess of the costs thereof; the amount of such excess shall be retained by Tenant. 9.2 Total Destruction. In the event more than 80Vo of the principal improvement erected on the Premises is destroyed by fire or other casualty, the Tenant, at its option, may cause said improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. (a) In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the provisions of Paragraph 9. l(b) shall apply. (b) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. Thereafter, the Lease shall be terminated and the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction up to the depreciated value of the improvements and, after payment of any outstanding mortgages attached to and occasioned by construction of said improvements, such proceeds to be the sole property of the Landlord. Any excess proceeds above said depreciation value shall be the sole property of Tenant. ARTICLE X. INDEMNIFICATION Tenant shall indemnify, defend and hold completely harmless Landlord from and against any and all liabilities (including, but not limited to, liability with respect to any Hazardous Substances and liability under the Comprehensive Environmental Response, Compensation and Liability Act, as it may be amended from time to time {"CERCLA"}, and any other Environmental Law), losses, suits, claims, demands, judgments, fines, damages, penalties, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, reasonable expert fees and reasonable attorneys' fees and costs, including fees and charges for the services ofparalegals or other personnel working under the supervision of such attorneys {"Attorneys' Fees"}) which may be incurred by, charged to or recovered from any of the foregoing: (i) by reason or on account of damage to or destruction of any property of Landlord, or any property of, injury to or death to any person resulting from the Tenant's use, occupancy or maintenance of the Premises or any Improvements, or the Tenant's operations thereon, or the acts or omissions of Tenant's officers, employees, agents, contractors, subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, except to the extent that such liability, loss, su/t, claim, demand, judgment, fine, damage, penalty, cost or expense was proximately caused by the person to be indemnified hereunder, (ii) arising out of the failure of Tenant to keep, observe or perform any of the covenants or agreements in this Lease to be kept, observed or performed by Tenant, or (iii) imposed on or assessed against the Landlord by reason of or arising out of any act or omission on the part of Tenant, any subtenant or any other person acting by, through or for Tenant or any subtenant of Tenant. Landlord agrees to give Tenant reasonable notice of any suit or claim for which indemnification will be sought by it hereunder, to allow Tenant or its insurer to compromise and defend the same to the extent of its interest and to reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations hereunder, Tenant shail use counsel reasonably acceptable to the Landlord. The provisions of this Article shall survive the expiration or earlier termination of this Lease with respect to any acts or omissions occurring during the term of this Lease. ARTICLE XI. ENVIRONMENTAL MATTERS 11.1 Compliance. Tenant shall comply with all "Environmental Laws", which are defined as all applicable federal, state and local statutes, laws, ordinances, regulations, administrative rulings, orders and requirements pertaining to the protection of the environment, including but not limited to, the Landlord's rules and regulations, and including, but not limited to those regulating the use, storage, handling and disposal of any contaminant, toxic or hazardous waste, or any other substance the removal of which is required or the u~ 14 of which is restricted, prohibited or penalized under any federal, state or local statute, law, ordinance, regulation, rule or judicial or administrative order w/th respect to environmental conditions, health, or safety, including, without limitation, asbestos or petroleum products ("Hazardous Substances"). 11.2 Use Limitations Further, during the Term of thi.s Lease, neither Tenant nor any agent or party acting at the direction or with the consent of Tenant shall use, store, handle or dispose of by any means any Hazardous Substances at the Premises. 11.3 Audi~. Upon reasonable notice to Tenant, the Landlord may conduct or cause to be conducted through a third party that it selects, an environmental audit or other investigation of Tenant's operations to determine whether Tenant has breached its obligations under subparagraph (a) above. Tenant shall pay all costs associated with said investigation if such investigation shall disclose any such breach by Tenant, and shall immediately remediate any contamination resulting from the same. 11.4 Final Audit. Within thirty (30) days prior to the expiration or termination of this Lease, Tenant shall commence a Phase I Environmental Assessment ("Phase I-EA") in accordance with ASTM Standard ASTM E-1527, or such other commonly recognized standard as may be in effect at that time, on the Premises. If the Phase I-EA reveals any areas of environmental concern that, in the Landlord's reasonable discretion, warrant further investigation, Tenant shall commence an appropriate Phase II Environmental Assessment ("Phase II-EA") including sampling and analysis of soil and groundwater necessary to determine whether or not contamination has occurred. Copies of the EAs shall be provided to the Landlord upon completion and shall be certified to be for the benefit of the Landlord by the environmental consultant performing the EA. Tenant shall promptly undertake and pursue diligently to completion any remedial measures indicated by the above-described environmental assessments. 11.5 Presumptions. Notwithstanding any other provision hereof Tenant does not undertake any obligation to remediate, or to take any other action with respect to any environmental condition not attributable to actions at the Premises (or elsewhere at the Airport) by Tenant, its officers, employees, agents, contractors, subcontractors, licensees or invitees. However, it is agreed that Tenant will pay for a Level I environmental assessment of the premises prior to construction. In the event that said assessment reveals conditions that mandate a Level II or further assessment, payment for such further studies shall be the responsibility of the Landlord. 11.6 Confinuino Obti ation. The provisions of this Article shall survive the expiration or earlier termination of the Term of this Agreement. ARTICLE XII PREVENTION OF USE If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Article IV of this Lease, by reason of any zoning law, ordinance or regulation of any Landlord having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Tenant may terminate this Lease by giving Landlord fifteen (15) days notice in writing. ARTICLE XIII. EMINENT DOMAIN If all or any part of the leased premises shall be taken under a power of eminent domain by another governmental agency, all of the compensation or proceeds awarded for the taking of the land shall belong to the Landlord without reduction for the Leasehold interest of Tenant 13.1 Effect upon Term Upon a Taking of the entire Premises, Tenant's interest in this Lease shall continue until the Taking is completed by deed, contract or final order of condemnation, unless otherwise specified by court order. If the Taking is of substantially all of the Premises, Tenant may, by notice to Landlord within ninety (90) days after Tenant receives notice of the Taking, elect to treat the taking in accordance with the preceding sentence. If Tenant does not so notify Landlord; this Lease shall remain in full force and effect covering the balance of the Premises not so taken, except that the Rent payable hereunder by Tenant shall be equitably adjusted (a "Partial Taking"). 13.2 _Temporary Takings. Upon any Taking of the temporary use of all or any part of the Premises or Improvements, or both, neither the Term nor the Rent shall be reduced or affected in any way and Tenant shall be entitled to any award for the use or estate taken. 13.3 Option to Temqinate. If either a temporary or partial taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of Tenant, may be terminated. 13.4 .Reservation of Rights Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning agency by reason of the exercise of the power of eminent domain, specifically including the right of Tenant to claim business damages. ARTICLE XIV. GOVERNMENT SEIZURE In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, either party, at its sole discretion, may terminate this Lease. ARTICLE XVI. DEFAULT The occurrence of any of the following shall constitute an event of default (an "Event of Default") by Tenant under this Lease: (i) the failure of Tenant to make any payment of Annual Rent, or any other payment required to be made by Tenant hereunder when due which failure is not remedied within ten (10) days following receipt of written notice from Landlord; (ii) the failure of Tenant to keep, observe or perform any other material covenant or agreement herein, and the continued failure to observe or perform any such covenant or agreement after a period of fifteen (15) days after written demand; (iii) commencement by or against the Tenant of an insolvency or bankruptcy proceeding, including, without limitation, a proceeding for liquidation, reorganization or for the readjustment of its indebtedness, or the insolvency of the Tenant, or an assignment or arrangement for the benefit of its creditors or the appointment of a receiver, trustee or custodian, provided, however, that any of the foregoing set forth in this subsection which is commenced by a person other than Tenant shall not constitute an Event of Default if it is discharged within sixty (60) days following receipt of written notice from Landlord; or (iv) the placement of any lien upon the Premises or any Improvements (excluding liens for taxes which are not delinquent and Mortgages permitted hereunder) which is not discharged of record by payment or bond within fifteen (15) days following receipt of written notice from Landlord, or any levy under any such lien 16.1 ..Remedies for Default Upon the occurrence of an Event of Default, the Landlord may in its sole discretion pursue any of the following remedies, or such other remedies as may be available to the Landlord at law or in equity: (a) Landlord may terminate the Lease and re-enter and repossess the Premises; or (b) Landlord may, without terminating this Lease, terminate Tenant's right to possession of the Premises, retake possession of the Premises, and recover immediately from the Tenant damages calculated as follows: (i) all unpaid Annual Rent and other payments due from Tenant that had been earned at the time of termination of Tenant's right to possession, plus, (ii) the amount by which the unpaid Annual Rent and other payments due from Tenant earned after the date of termination of Tenant's right to possession of the Premises until the time of award exceeds the amount of the loss of Annual Rent and other payments due from Tenant that Tenant proves has been or could have reasonably been avoided, together with, (iii) the worth, at the time of the award, of the amount by which the unpaid Annual Rent and other payments due from Tenant for the balance of the Term after the time of award exceeds the amount of the loss of Annual Rent and other payments due from Tenant that Tenant proves could reasonably be avoided. (For purposes of this subparagraph { iii}, the worth, at the time of award, of such amount shall be determined by discounting such amount in accordance with accepted financial practice to its present worth at a rate of interest of four percent { 4% } per year.) For purposes of the calculation of damages described above, and in subsection (c) below, payments other than Annual Kent due from Tenant after the termination of Tenant's right to possession of the Premises shall be based upon the average of such payments payable during the thirty-six (36) month period prior to the termination (or, if shorter, the prior period of the Term of the Lease). Upon entry of judgment for such damages, as described above, this Lease shall be deemed to be terminated; or (c) Landlord may, without terminating this Lease, terminate Tenant's right to possession of the Premises, retake possession of the Premises and re-let the Premises, or any part or parts thereof for the account of Tenant for a term which may, at Landlord's option, be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease. In such event Tenant shall pay to Landlord any deficiency between the Annual Rent and other charges herein reserved and the net amount of the rents and other charges collected on account of any other lease of the Premises for each month of the period that would otherwise have constituted the balance of the Term of this Lease. Landlord may recover such deficiency from Tenant at the time each payment becomes due under the Lease, or, at Landlord's option, upon the expiration of the Term of this Lease. Irrespective of the exercise of either of the above-referenced options, Landlord shall have the fight to recover all unpaid Annual Rent, and other payments earned by Landlord prior to the date of termination of possession or of the Lease, and all of Landlord's costs, charges and expenses, including reasonable Attomeys' Fees, incurred in connection with the recovery of sums due under this Lease, or due to the breach of any covenant or agreement of Tenant contained in this Lease, including any costs and expenses of re-letting the Premises, such as all necessary repairs and renovations, all brokerage fees and Attorneys' Fees. Landlord will have the right at any time following an Event of Default to elect to terminate the Lease. No action taken by Landlord pursuant to this Article shall be deemed to terminate this Lease unless written notice of termination is given by Landlord to Tenant. 16.2 Remedies Non-exclusive. The rights and remedies given to Landlord by this Lease shall not be exclusive, and in addition thereto, Landlord shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by Landlord shall not impair its standing to exercise any other right or remedy. 16.3 Waiver of Statutory Requirements. Tenant hereby expressly waives any notices of default not specifically provided for herein, including, without limitation, the notice requirements provided for in Chapter 83, Florida Statutes, and all fights of redemption, if any, granted under present or future law in the event Tenant shall be evicted or dispossessed for any cause, or in the event Landlord shall obtain possession of the Premises by virtue of the provisions of this Agreement or otherwise. 16.4 Advances B Landlord. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of and the value thereof, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. If Landlord has paid any sums of money or incurred any obligation or expense for which Tenant is obligated to pay or reimburse Landlord, or if Landlord is required or elects to do so because of the failure of Tenant to perform any of the terms or conditions of this Lease, then the same shall be deemed Rent and shall be paid to Landlord in accordance with Article III herein. 16.5 Non-Waiver By Landlord. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease shall constitute a waiver of any subsequent breach of such covenant or condition or justify or authorize the non-observance on any other occasion of the same or of any other covenant or condition hereo£ The acceptance of Annual Rent, Rent or other payments bom Tenant by Landlord at any time when Tenant is in default under this Lease shall not be construed as a waiver of such default or of Landlord's fight to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by Landlord to Tenant be taken as an estoppel against Landlord, it being expressly understood that Landlord may at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise provided by law or in equity. 16.6 Landlord's Lien. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the fights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing(~ 2o fi.om the leased premises fi.om the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. ARTICLE XVII LEASEItOLD ENCUMBRANCES Landlord will not subordinate its interest in the Premises or in this Lease to any Mortgage, but shall cooperate with Tenant in executing documents otherwise reasonably necessary to secure construction loans. ARTICLE XVII. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: Tenant 2 City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Kerry Lynn Firth 4185 70a~ Avenue Vero Beach, FL 32968 provided, however, that either party may designate a different representative or address fi.om time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 21 ARTICLE XVIII. RIGHT TO INSPECT The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful Landlord having jurisdiction over the leased premises or any business conducted therein; (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason; or (d) To retrieve stored data from required security installments. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. ARTICLE XIX. REMOVAL OF FIXTURES At the expiration of the Lease, any and all trade equipment, signs and personal property used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. However, any such property remaining on the Leased Premises more than fifteen days after said expiration shall be deemed the property of Landlord. Fixtures shall not be removed and are considered the property of Landlord. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and becoming incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non-fixture personally owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personally, provided the Tenant is not then in default of any~ covenant or condition of this Lease, otherwise all such property shall remain on the lease~ 22 premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personally shall be repaired by Tenant forthwith at its expense. ARTICLE XX. AIRPORT-RELATED RESTRICTIONS The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airpor~ Master Plan. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises that would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. ARTICLE XXI. NONDISCRIMINATION The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle & Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. ARTICLE XXH. ASSIGNMENT AND SUBLETTING Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. ARTICLE XXIII. MISCELLANEOUS 23.1 Bindin E.g_.E_~ffect. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. It is acknowledged that the validity of said lease is subject to its approval by the Federal Aviation Administration. 23.2 Applicable Law/Venue. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. ~ PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH LEGAL PROCEEDING. 23.3 Attorneys Fees. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue. 23.4 Identity of Interest. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or ora partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof. 23.5 Entire Agreement. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 25 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fLrSt above written. ATTEST: CITY OF SEBASTIAN A Municipal Corporation City Clerk By: City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: City Attorney By: Corporate Seal: Exhibit "C" Page 1 of 2 .LEASE EXTENSION AGREEMENT THiS LEASE EXTENSION AGREEMENT, made and entered into this day of ,202___, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and **** (hereinafter referred to as the "Tenant") provides that IN AND FOR CONSIDERATION of compliance with the terms of that certain AI2RPORT NON-AVIATION LEASE AGREEMENT between the parties dated 200__, and the mutua/covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. The Leasehold of the afore-mentioned Lease Agreement is hereby extended for an additional years from the date of the expiration of its Initial Term. 2. The Annual Rent for the first year of said extension shall be $**,***. Each year on the anniversary of the Effective Date hereof, this Annual Rent shall be increased three percent (3%) above the existing amount, subject to reappraisal adjustments per the Lease Agreement. 3. The Leasehold shall terminate at the end of this extended term and Tenant shall surrender possession of the Premises. 4. All other terms and provisions of the Lease Agreement shall remain in full force and effect unless application of the same shall lead to a ludicrous result. AGREED to on the date first set forth above. ATTEST: CITY OF SEBASTIAN A Municipal Corporation City Clerk By: City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: City Attorney TENANT: Corporate Seal: By: Its: CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approve ranking, and authorize contract negotiations with various Architectural, Engineering & Survey firms. kporoved for$~f~mittat~: City Manager Agenda So. C 7 3 Department Origin: General Services Purchasing/Contracting: Finance: Engineering: City Attorney: City Clerk: Date Submitted: March 2, 2004 For Agenda of: March 10, 2004 Exhibits: Ranking Matrix EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None N/A N/A SUMMARY In accordance with 287.055 F.S., "Consultants Competitive Negotiation Act" (CCNA) the City solicited Request For Qualifications from interested Florida Licensed Professioual Engineering Firms, Survey Firms, and Architectural Firms. A Consultant Evaluation Committee was formed, the various firms qualifications were reviewed via beth written and oral presentation along with an interview processes. After due deliberation, the Consultant Evaluation Committee scored and ranked the firms in order of their qualifications. The summary results of the scoring and ranking are contained in the attached ranking matrix. The Evaluation Committee consisted of the following city employees: David Fisher, City Engineer; Terry Hill, Public Works Director; Jason Mliewski, Airport Director; Terrence Moore, City Manager; Paul Wagner, General Services Administrator/Committee Chairman. The Evaluation Committee, by v'trtue of numerical scoring totals, is recommending the fuHowing highest ranked firms be negotiated with by the City in accordance with its procedures, and CCNA. If contract negotiations are successful, all firms listed below will be recommended to City Council for multi year continuing services contract award at a future City Council meeting. ARCHITECT Donadio & Associates, Architects, P.AJJuhn H. Dean & Associates, Architect, F.A., Vero Beach, FI. ENGINEERS WCG/Ncel-Schaffer, Inc., Engineers, Planners, Ecologists, Architects, Surveyors, Vero Beach, FI. Schulke, Bittle & Stoddard, L.L.C., Engineers, Civil & Structural PROFESSIONAL SURVEYING & MAPPING SERVICES SPECIALIST Mastaller, Moler & Reed, Inc., Specialist in Surveying & Mapping Services, Vero Beach, Fl. Staffhas discussed the need for multiple contracts with firms providing professional services as indicated above, as this will enhance our ability to respond to various projects that may require a firm with specialized resources in a particular area, and/or choose a firm who can handle the work load at any given point in time, and explore the possibility, thru competition, between firms of more favorable costs. Of interest, is that all firms are relatively close at hand (Vero Beach), which gives an obvious advantage of closeness, in some cases increased local knowledge, and a special interest & pride in performing local work. It was not planned this way, but that's the way it turned out in the scoring process. RECOMMENDED ACTION Move to approve the Consultant(s) ranking os recommended by the Consultant Evaluation Committee, and authorize contract negotiations to proceed with Donadin/Dean, Architects; WCG, Engineers and also Schulke, Blt'tie & Stoddard, Engineers; and Masteller, Moler & Reed, Surveying & Mapping Professionals. ARCHITECT PROFESSIONAL SERVICES EVALUATION Donodio/Dean Architects C.E. Block Veto Beach, FL Veto Reerh, FL Factors To Be Rated Point Range 1. Firm's History, goals & o~ecti~es; 1-15 14 14 Major accomplishments; demonstrate 14 8 ~our abiii~ to control cost, nmet schedules, 8 avoid chan~e orders. 15 12 15 9 Point Totals 66 51 2. Firm's Ouei~flcations 2.1 Prior Projects experience. 1-15 14 14 14 7 12 5 15 14 14 8 Point Totats 69 51 2.2 Local Knowtedge and e,xpedance 14 14 Letters of recommendation. 14 5 13 8 15 13 15 12 Point Totals 11 2.3 Qualified personnel & e~3enance. 1-15 14 14 14 8 14 8 15 13 13 10 Point Totals 70 63 3. Whether firm is certified minonty ~mterpdse 1-2 0 0 as ce~lified by the State of Flndda. 0 0 0 0 I 1 0 0 Point Totals t 1 4. P--~dmity of the firm to the City of Sebastian 1-8 8 8 in miles. 8 8 8 8 8 8 8 8 Point Totels 40 40 5. SPe~al Reseurces or capabilities (i.e., 1-15 14 12 computer-aided draftlrtg & design systems, in 14 7 house laboratory, otc., awa'ds, honors or 13 8 other reco~ition. 13 10 14 7 Point Totals 6~ 44 $. An~dpated rapport & compatibillbj with the 1-15 t4 5 firm, overall presentation either wrllten or oral, 14 7 & overall impression of the firm. t4 8 .............. 13 10 · r4 6 Point Totals 69 36 OVERALL POINT TOTAL ENGINEERING PROFESSION SERVICES EVALUATION WCG The LPA Greup Ma~fe~er & M~ler GBF Factors To Be Rated Point J Ra~le your ability te control cost, meet schedules, 8 8 8 8 8 2. Firm's Qualificaliocs I 13 12 13 12 6 2.2 Local Knowledge and e~perie~tce 14 14 10 14 5 Point Totals 71 66 56 63 60 3. Whether firm is ced~ted minority e~terprise 1-2 0 0 0 0 0 4. Proximity of the tim1 to the C~ of Sebastian 1-8 8 8 4 8 2 5. Special Resources or capabilities (i.e., 1-15 14 14 14 12 14 corn pute~-alded draffin;; & design systems, in 14 14 14 13 14 OVERALL POINT TOTAL 462 411 409 391 325 SURVEY & MAPPING PROFESSIONAL SERIVCES Masteller Molar & Reed Veto Beach, FI. Factors To Be Rated Point Range !1. Firm's History, goals & abjactrves; 1-15 14 !Major accomplishments; demonstrate 14 your ability to control cost, meet schedulas, 8 avoid change orders. 13 14 Point Totals 63 2. Firm's Qualifications 2.1 Prior Projects e~perience. 1-15 14 14 14 15 14 Point Totals 71 2.2 Local Knowledge and e~:~erience 14 Letters of recommendation. 14 14 15 14 Point Totals 71 2.3 Qualified personnel & experience. 1-15 14 14 14 15 13 Point Totals 70 3. Whether firm is certified minont7 enterprise 1-2 0 as certffied by the State of Florida. 0 0 1 0 Point Totals ¢: Proximity of ~he firm to the C~ of Sabastian 1-8 8 in milas. 8 8 8 8 Po/nt Tota/s 40 5. Special Resources or capabilities (La., 1-15 14 computer-aided drafting & design systems, in 14 house laboratory, etc., awards, honors or 14 other recognition. 13 14 Paint Totals 69 5. Anticipated rapport & compatibility with the 1-15 14 firm, overalt presentation either written or oral~ 14 & overall impression of the firm. 14 13 Point Totals 86 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approve one (1) year extension on Kimley-Horn & Associates existing Agreement. for I , City Manager AgendaNo. ~)q, 0 7~ Department Origin: General Services Purchasing/Contracting: Finance Dircctor:. ~, City Attorney: City Clerk: Date Submitted: March 4, 2004 For Agenda of: March 1O, 2004 Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A IAPPROPRIATION REQUIRED: None SUMMARY Kimley=Horn and Associates, Inc., has been the City's continuing services Engineer of Record since November 30, 2000. They have provided the City general engineering consulting services on an as.needed basis for various projects. The Agreement provides for extension on a year=te-yenr basis for an additional three years by mutual consent. Kimley=Horn has indieated they would be in ngreement to extend their contract with us. The City currently has existing work on-going with Kimley-Horn. Design and permitting for the floating piers at the remaining slips at the twin piers in Riverview Park. SecondLy, a work order for street conceptual planning/street scaping for the Main Street renovation has been issued but not implemented. As such, it is appropriate to maintain a relationship with Kimley-Horn so as to effectively accomplish the aforementioned tasks. RECOMMENDED ACTION Move to authorize a one (1) year extension as provided for in the existing continuing services contract with Kimley-Horn & Associates, Engineers.