HomeMy WebLinkAbout11172004HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, NOVEMBER 17, 2004 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -
limit of five minutes per speaker (R-04-25)
1, CALL TO ORDER
PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER MONIER
MOMENT OF SILENCE
4. .ROLL CALL
04.219
04.002
04.002
04.002
04.220
04.220
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-04-26)
PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS
A. National Hospice Month Proclamation by Visiting Nurses Association
B. Certificate of Appreciation to James Schmitz for Construction Board Service
C. Certificate of Appreciation to Louis Nicolini for Construction Board Service
D. Certificate of Appreciation to Elwin Davis for Construction Board Service
E. Presentation by Chief Building Official Wayne Eseltine - Progress of Building Repair
Fee Waiver Program
F. Presentation by Chief Building Official Wayne Eseltine - Clarification and
Recommendations Regarding Construction Wind Load Requirements in the City of
Sebastian
CONSENT AGENDA
Allitemsontheconsentagendaarecon$ideredreutineandwitlbeenactedbyonemotion. Therewillbenoseparatediscussion
of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon
separately.
1-11
04.035
13-64
Approval of Regular Meeting Minutes - 10/27/04
Resolution No. R-04-47 Adopting an Amended Fiscal Year 2003-2004 Budget (Finance
Transmittal 11/5/04, R-04-47, Exhibit A, Memo, Reports, Schedules, Accomplishments)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN
AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2003 AND ENDING
SEPTEMBER 30, 2004 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND
PROVIDINGING FOR AN EFFECTIVE DATE.
04.203
6`%84
04.203
8,%103
04.203
10,%107
04.221
109-112
Resolution No. R-04-48 Authorizing City Manager to Execute DCA Disaster Relief
Funding Agreement for Hurricane Frances and Approve Use of General Fund
Emergency Reserve to Finance the 5% Match for Expenses Incurred as a result of
Hurricane Frances (City Manager Transmittal 1111104, R-04-~'8, DCA Transmittal,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS DISASTER RELIEF FUNDING AGREEMENT FOR HURRICANE
FRANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Resolution No. R-04-49 Authorizing the City Manager to Execute DCA Disaster Relief
Funding Agreement for Hurricane Jeanne and Approve Use of General Fund Emergency
Reserve to Finance the 5% Match for Expenses Incurred as a Result of Hurricane
Jeanne (City Manager Transmittal 11/1/04, R-04-49, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE STAE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS DISASTER RELIEF FUNDING AGREEMENT FOR HURRICANE JEANNE; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-04-50 Authorizing the City Council to Petition the Governor of Florida
for 100% Reimbursement of Disaster Related Expenses for Both Hurricanes, Frances
and Jeanne (City Manager Transmittal 11/19/04, R-04-50)
A RESOLUTION OF THE CITY OF SEBASTIAN REQUESTING ONE HUNDRED PERCENT (100%)
FEDERAL DISASTER RELIEF FOR HURRICANES FRANCES AND JEANNE; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-04-51 Authorizing City Manager to Apply for Funding from Restore
America Grant Program from the National Trust for Historic Preservation and Home and
Garden Television (City Manager Transmittal 11/19/04, R-04-51, Info)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
THE CITY MANAGER TO APPLY FOR FUNDING FROM THE RESTORE AMERICAN GRANT PROGRAM
FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION AND HOME AND GARDEN
TELEVISION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
2
04.222
113-124
04.200
12~129
04.223
04.060
133-134
04.224
13~171
04.225
173-174
9.
10.
04.226
175
12.
04.227
13.
14.
15.
Waive Competitive Bidding Process and Authorize the Purchase of 21 - 15 Foot,
our Row Aluminum Bleachers from Southern Park and Play Systems of Melbourne,
FIodda with Pricing From St. Johns County, Florida Term Bid#03-43 in the Amount
of $18,492.00 (Public Works Transmittal 11/9/04, Quote)
Authorize the Emergency Purchase of Carpeting for Sebastian Municipal Golf Course
Clubhouse Hallway and Restaurant from Discount Carpet & Tile, Inc. in the Amount of
$10,336.70 and Authorize Temporary Loan from City of Sebastian Emergency Fund
(Golf Course Transmittal 11/8/04, Quotes)
Authorize the Appropriation of $t0,175 from City of Sebastian Cemetery Trust Fund
Permanent Endowment Fund for Costs Associated with Repair and Reset Work of
Monuments and Vases at City of Sebastian Cemetery due to Hurricane Jeanne and
Frances Damage (Finance Transmittal 11/3/04)
Jo
Authorize Expenditures for Emergency Repair Services by Suffolk Construction Co.,
Not to Exceed $130,346 and Appropriate $130,346 from City's Emergency Reserve
Fund to Cover These Expenses Until Reimbursement is received from City's Insurance
Carder or FEMNState (GSA Transmittal 11/5/04, Damage Log)
Approve the Collective Bargaining Agreement Between the City of Sebastian and the
Central Florida Police Benevolent Association, Inc. Effective October 1, 2004 through
September 30, 2007 (HR Transmittal 11/9/04, Contract)
Authorize the Purchase of One Chevrolet Silverado One Ton Crew Cab Pickup with
Four Doors at a Cost of $27,730.00 Piggybacked on the Florida Sheriff's Association
Through Classic Chevrolet of Winter Park (Stormwater Transmittal 11/5/04, Quote)
COMMI'I-rEE REPORTS/RECOMMENDATIONR
PUBLIC HEARING
INTRODUCTION OF NEVV 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 five minutes for each speaker
OLD BUSINESS
A. Consideration of Naming New Municipal Park (City Manager Transmittal 11/2/04, List)
NEW BUSINESS
A. City Clerk Performance Evaluation (HR Transmittal 11/9/04)
CITY ATTORNEY MA'I-DERS
CITY MANAGER MATTERS
CITY CLERK MA'ri'ERS
3
16. CITY COUNCIL MATTERS
04.217
B.
C.
D.
04.163
E.
Mr. Coniglio
i. Possibilities and Potential for Public-Private Partnerships in Indian River Lagoon
Mooring Vicinity
Ms. Monier
Mr. Barczyk
i. Tdangle Moratorium or Ordinance to Comply with Community Redevelopment District
Mayor McCollum
i. Direction Regarding Future Residential Annexation Proposals and Requests to the
City of Sebastian
Mr. Heptinstall
17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless ex~ended 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 headng 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:
· RegularCity Council Meeting - December 8, 2004 - ?:00 pm
4
2.
3.
4.
SEBASTIAN CITY COUNCIL
M IN UTES
REGULAR MEETING
WEDNESDAY, OCTOBER 27, 2004 - 7:00 P.M.
CITY COUNCIL 0HAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
The Mayor called the Regular Meeting to or(~er at 7:00 p.m.
The Pledge cf Alleg ance was led my MayorMcCollum.
A moment or,silence was held.
ROLL CALL
City Council Present:
Mayor Nathah McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmemb~r Mike Heptinstall
Councilmember Lisanne Monier
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stdnger
City Clerk, Sall~ Maio
Deputy City Cle~'k, Jeanette Williams
Airport Director, Jason Milewski
Stormwater Engheer, Ken Jones
Golf Course Director, Greg Gardner
Growth Management Director, Tract' Hass
Police Captain, David Puscher
Public Works Director, Terry Hill
Regular City Council Meeting
October 27, 2004
Page Two
DRAFT
04.023
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the wr~en agenda may be added only upon a unanimous vote of Cily Council members (R.04-26)
Mayor McCollum requested addition of two items: Consent Q "Restoration of Shoreline Damage
Along indian River Drive Caused by Hurricane Jeanne" and 6A1 "Presentation of Book by
George Gross".
On MOTION by Mr. Coniglio, and SECOND by Ms. Monier the items were added on a voice
vo,eo, -0. DRAF
PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Accolades to Employee of the 3rd Quarter
Mark Veldt, Building Maintenance Supervisor, was honored with a plaque and savings
bond and lauded for his participation in the hurricane insurance survey with the City's
insurers and coordination with FEMA following the hurricanes.
New
04.200
04.206
BI.
pr~.~ontation of Book to City Council by Author
Geo-~'e Gross presented a limited edition book which he authored entitled "History of
Public Libraries in Indian River, Florida" from the Indian River County Library.
Presentation Reqardinq the Water Utilities Process at the Golf Course
The Golf Course Director said the current water facility sustained damage during both
storms but the water is aldght for drinking and is being tested by CNN Water Services,
as required, and all permits are in place. He said, however, it is time to book up to
County water.
The Airport Director addressed City Council on tying in the planned connection to the
new Airport Administration building.
Presentation by the City Enqineer Reqardinq the Repair of Indian River Drive
The Stormwater Engineer updated City Council on Indian River Drive repairs, stating
one pass for debris removal has been completed and a second pass was in the process,
and noted that there are several items on the agenda for street damage restoration.
The Public Works Director said contractors will begin the repair to the Yacht Club and
Main Street ramps and finger piers so it can be re-opened.
Mr. Coniglio said people are putting out additional debris in areas where debds has
already been picked up and the City Manager said he would report under his matters.
2
Regular City Council Meeting
October 27, 2004
Page Three
DRAFT
1-8
04.218
9-13
CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussioo
of consent agenda items unless a member of City Council so requests; in which event, the item wilt be removed and acted upon
separetely.
A. Approval of Regular Meeting Minutes - 10/13/04
04.207 C.
15-17
04.151 D.
19-22
04.208 E.
23-24
04.209
25
04.210 G.
27-28
04.211 H.
29-30
04.211 I.
31-32
04.212 J.
33-37
Authorize Council Travel and Registration to Florida League of Cities Legislative
Conference November 17-19, 2004 in Orlando, Florida (City Clerk Transmittal 10/20/04,
Info)
Concur with Position Upgrade of the Records Management Specialist in the City Clerk's
Office to Exempt Records Program Manager - Budget Amendment to Come Back to
Council (City Clerk Transmittal 10/21/04, Memo)
Authorize the Expenditure to Ashbritt Environmental, inc. on an As-Needed Basis not to
Exceed $3,026,940 and Appropriate $151,347 from City's Emergency Reserve Fund to
Cover the City's 5% Share of Total Estimated Costs (Finance Transmittal 10/19/04,
Exhibit A, Invoice Summaries)
Waive CompetJtive Bid Requirements and Authorize the Contract Award to Dockside
Builders of Sebastian in the Amount of $73,100 to Repair City Docks & Piers
(Engineering Transmittal 10/19/04, Bid Tab)
Authorize the Expenditure Under Currant Contract Not to Exceed $25,000 to Regan
Masonry to Repair Sidewalks Along Indian River Drive (Engineering Transmittal
10/19/04)
Authorize the Emergency Pumhase Order to Musco Lighting, LLC to Replace Barber
Straet Sports Complex Lighting in the Amount of $41,350 and Authorize the
Appropriation of Funds from the General Fund Emergency in the Amount of $2,068
(Public Works Transmittal 10/19/04, Letter)
Waive Competitive Bid Requirements and Authorize Contract Award to Gene's Striping
of Fort Pierce for Main Street Pavement Markings Not to Exceed $7,289.38 ('Engineering
Transmittal 10/19/04, Quote)
Authorize the Expenditure to Elmo Greer & Sons, LLC for Overlay Paving of Main Street
in an Amount Not to Exceed $60,820 (Engineering Transmittal 10/19/04, Estimate)
Authorize the Expenditure to Elmo Greer & Sons, LLC on an as Needed Basis & Not to
Exceed $153,000 to Perform Asphalt Resurfacing and Pothole Repairs Subject to Terms
and Conditions of Indian River County Contract #7016 (Engineering Transmittal
10/19/04, Contract)
3
Regular City Council Meeting
October 27, 2004
Page Four
DRAFT
04.213 K.
39-57
04.155 L.
59-6'i
04.214 M.
63-64
04.215 N.
65-68
04.047 O.
6g-~
04.216 P.
75-89
New Q.
Waive Competitive Bid Requirements and Authorize Five-Year Lease Agreements and
Non-Appropriation Riders with CIT Leasing, Inc. and Authorize the City Manager to
Execute a Comprehensive Customer Support Agreement with EGP, Inc. for Three
MITA Digital Copy Machines for the Building Department, Growth Management
Department and City Manager's Office (Finance Transmittal 10/13/04, Lease
Agreements, Rider, Piggyback Contract, Agreement)
Authorize the Award of Contract to Applied Aquatic Management, Inc. in the Amount of
$37,695 for Aquatic Weed Control & Authorize the Execution of a Service Agreement for
Same (Engineering Transmittal 10/20/04, Bid Tab, Letter)
Authorize the Purchase of Five 2005 Ford Crown Victoria Patrol Vehicles for the Amount
of $117,665.00 from Duval Ford in Accordance with the Florida Sheriff's Association Bid
Award (Police Department Transmittal 10/18/04, Purchase Requisition)
Authorize the Purchase of Three 2004 Chew Impalas, with Associated Trade-Ins from
Alan Jay Automotive Network at a Total Cost of $50,930.25 (PD Transmittal 10/19/04,
Bid Doc)
A~-~horizethe Contract Award to Dickerson Florida, Inc. in the Amount of $1,225,708.14
to Rehabilitate Taxiway 'A' and Construct Airport Administration Building Apron (Airport
Transmittal 10/19/04, Bid Tab)
Resolution No. R-04-46 Vacation of Easement - Follot - Lots 1 & 2, Block 6, Sebastian
Highlands Unit 1 (GMD Transmittal 10/20/04, R-04-46, Site Map, Staff Report,
Application, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. VACATING
CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 6, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Restoration Of Shoreline Damage Along Indian River Drive Caused By Hurricane
Jeanne (Engineering Transmittal 10/19/04, Proposal Tab)
Mr. Coniglio removed items D,E,F,G and Q.
Mayor McCollum removed item P.
On MOTION by Mr. Coniglio and SECOND by Mr. Barczyk consent agenda items A, B, C, and
H through O were approved on a roll call vote of 5-0
4
Regular City Council Meeting
October 27, 2004
Page Five
DRAFT
Item D, E, F, G and Q
Mr. Coniglio noted that of the $320,000 in repairs being authorized on the consent agenda, the
City's share will be just over $15,000 and that FEMA and the state will fund the rest.
On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, consent items D, E, F, G and Q
were approved on a roll call vote of 5-0.
Item P
Mayor McCollum discussed the drainage concern noted in the vacation of easement and said a
verbal approval from FPL is not acceptable to him.
The Growth Management Director said a broken pipe exists to the dght of the structure and the
property owner is required to fix it.
On MOTION by Mayor McCollum and SECOND by Mr. Coniglio, the vacation of easement was
approved on a roll call vote of 5-0 with the condition that the pipe be fixed and a wdtten FPL
approval be received,
,~COMMITTEE REPORTS/RECOMM ENDATIONR - none. DI~A~
QuASI-JUDICIAL PUBLIC HEARINGS:
04.131
91-108
Resolution No. R-04-41 Sebastian River Landings, Phase II Preliminary Plat of PUD
(GMD Transmittal 10/19/04, R-04-41, Staff Report, Application, P & Z Minutes)
A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS
SEBASTIAN RIVER LANDINGS PHASE II; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
EFFECTIVE DATE.
The City Attorney read the title. The Mayor opened hearing, and there was no disclosure of ex-
parte communication. The City Clerk swore in the Growth Management Director and all those
who intended to offer factual testimony.
Tim Jelus, Sebastian River Landings, LLC, presented the preliminary plat for the Sebastian
River Landings Phase I1.
The Growth Management Director addressed City Council (see staff report in agenda packet),
and noted that the preliminary plat had been revised on October 27, 2004.
The City Attorney stated the language in section one of the resolution would be changed to
reference the last plat revision date of "October 27, 2004".
5
Regular City Council Meeting
October 27, ;~004
Page Six
04.088
109-128
DRAFT
Responding to open space concerns, Mr. Jelus, §aid the combined open space of the
recreationa amenities in Phase I:and II meets the code requYement. Bruce Moia, Engineer of
Record, concurred that the passive space in the Phase II meets the requirement.
City Council suggested a small park designed from one or two lots be included in P~ase II and
requested a non-monotonous clause be added to prevent houses from Icokin§ idmtical. Mr.
Jelus responded it could be added to the homeowner's association agreement.
The City Attorney said Planning and Zoning Commission had requested 50% open:space and
this condition is included in the resolution.
AndrearCoy addressed City Counci. r.
The City Clerk read a letter from Michael Agnello requesting buffering and fencing intothe
record (see letter attached). ~
On MOTION by Ms. Monier, and S .E~OND by Mr. Coniglio, Resdution No. R-0441 wa~
adopted with the latest revision of th~ plat and non-monotony clause included as conditi~ F.
Mr. Jelus said he will find the sufficient acreage to make 50% opm space.
B. Reso!~n No. R-04-42 Ashblry Subdivision, Preliminary I~lat of PUD ('GMD TransBittal
10/19104, R-04-42, Staff Repot, Application, P & Z MinuteS)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVIN~ THE PRELIMINARY
DEVELOPMENT PLAN AND PRELIMNARY PLAT FOR A PLANNED UlflT DEVELOPMENT KNOWN .~
ASHBURY SUBDIVISION; PROVIDIN~ FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE ·
DATE. :
The City Attorney read the title and noted an author's amendment r~lative to the Depar[ment of'
Community Affairs (DCA) approval of thi land us~.* The Mayor opened the hearing, and there
was no disclosure of ex-parte communication. T~e City Clerk sworeiin all those who intended to
offer factual testimony.
Joseph Schulke, Schulke, Bittle & Stodda'd, r~presenting the appliCant'i addressed~City Council.
The Growth Management addressed City ~,cuncil (see staff repot[ inagenda packet).
Mr. Barczyk said he would like to see Iowe~ensity and asked about a non-monotony clause.
Mr. Schulke said they will be using three dierent contractors and will use different colors and
design. )
Mr. Heptinstall asked if the destroyed natu~l buffer would be replaced Mr. Schulke said a
planned vegetative buffer would be place011ong the perimeter.
6
Regular City Council Meeting
October 27, 2004
Page Six
DRAFT
Tape/, Side II
Andrea Coy, Orange Heights, asked why the City is spending money and making decisions on
these issues prior to receiving DCA's response. She asked what was the planned buffer for
Powedine Road, if there going to be any two story homes, and if so, how will people in Orange
Heights not see them. She said if the buffer to Powerline Road is larger perhaps the project
could be shifted toward Powerline Road.
Joe Schulke responded that the Powerline Road buffer is twenty-five feet as it is on the entire
perimeter, and that there is no restriction for two story houses, however, with the lot size you
can have a decent sized one story.
In response to Mr. Barczyk, the City Attorney said Council could not restrict height beyond what
was presented.
Mayor McCollum clarified that no development can take place until DCA,approval of the land
use request is received.
On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Resolution No. R-04-42 was
adopted on a roll call vote of 4-1 (Barczyk - nay).* (as amended by the City Attorney)
, Mayor Mc~,~,--ltum ca{~ recess at 8.10 and reconvened the meeting at 8:15 p.m. All members
were present.
04.130
129-141
Resolution No. R-04-43 Cross Creek Lake Estates Preliminary Plat of RS-10 (GMD
Tra.~mitta110/19/04, R-04-43, Staff Report, Application, P & Z Minutes)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR
A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read the title and noted an author's amendment relative to required DCA land
use plan approval.* The Mayor opened the hearing, and there was no disclosure of ex-parte
Communication. All those who intended to offer factual testimony had been previously sworn.
Bruce Moia, Engineer of Record, briefly addressed Council noting no changes from previous
presentations.
The Growth Management Director addressed City Council (see staff report in the agenda
packet), and noted the requirement for two points of ingress and egress. The City Attorney said
the access will be shown on the final plat.
Mr. Barczyk asked if there will be a buffer to Shakespeare Street. The Growth Management
Director said there will be a swale and no buffer may be required.
Regular City Council Meeting
October 27, 2004
Page Eight
04.132
'143-159
04.133
161-177
DRAFT
Mayor McCollum noted that this is 1.3 units per acre and relayed concerns with the use of
Shakespeare Street for construction traffic. The Growth Management Director said no
construction traffic will be allowed on Shakespeare. Bruce MoJa said he saw no advantage to
using Shakespeare, and noted there is twenty feet between the property and Shakespeare
Street.
On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, Resolution No. R-04-43 was
adopted on a roll call vote of 5-0. *(as amended by the City Attorney)
D. Resolution No. R-0~. ~.d Sebastian Crossinqs Preliminary Plat of PUD (GMD Transmittal
10/19/04, R-04 d'!., Staff Report, Application, P & Z Minutes)
A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS
SEBASTIAN CROSSINGS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE
DATE.
The City Attorney read the title and noted an author's amendment relative to required DCA land
use plan approval.* The Mayor opened the hearing, and there was no disclosure of ex-parte
communication. The City Clerk swore in those who intended to offer factual testimony that had
not been previously sworn.
Tim Jelus, applicant, addressed City Council.
The Growth Management Director addressed City Council (see staff report in the agenda
packet), noting this development is proposed at 2.99 units per acre.
Mr. Jelus said a nearby gravesite with a headstone will be proteCted and a physical barrier can
be placed on the site to prevent construction intrusion. Mr. Heptinstall requested a fence to
protect the cemetery and Mr. Jelus concurred. Mr. Jelus explained barbless wire fencing noted
in the plan was to protect conservation area. He said the development far exceeds 50% open
space, and stated the commercial part will be developed within the next year.
Ms. Monier requested addition of a non-monotony clause.
On MoTIoN by Mr. Coniglio, and SECOND by Mr. Heptinstall, Resolution No. R-04-44 was
adopted with inclusion of condition #G a non-monotony clause on a roll call vote of 5-0.*(as
amended by the City Attorney)
E. Resolution No. R-04-45 River Oaks Preserve Preliminary Plat of PUD (GMD Transmittal
10/19/04, R-04-45, Staff Report, Application, P & Z Minutes)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS
RIVER OAKS PRESERVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE
DATE,
8
Regular City Council Meeting
October 27, 2004
Page Nine
DRAFT
10.
The City Attorney read the title and noted an author's amendment relative to required DCA land
use plan approval. * The Mayor opened the hearing, and there was no disclosure of ex-parte
communication. The City Clerk swore in those who intended to offer factual testimony that had
not been previously sworn.
Rick Melchiori, WCG/NeeI-Schaffer addressed City Council.
The Growth Management Director addressed City Council (see staff report in the agenda
packet) and noted that Indian River County is standing firm on not allowing two points of ingress
and egress onto CR 510, therefore a secondary emergency only access will be provided along
the nor'them boundary of LagoOn Lane.
Mayor McCollum said the buffer with a chain and Miami curbing should be included because
that is what was presented to nearby residents at a previous meeting and he will not support the
project unless the cul-de-sac is eliminated and there will only be an emergency access.
The City Attorney said the ordinance adopted previous to this will supercede any resolution
requiring a gap in the landscape buffer for an emergency access from CR510.
On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Resolution No. R-04-45 was
adop~e~ with. a required solid twenty five foot buffer on the backside facing CR510, with a
~tabilized surface on a roll call vote of 5-0. *(as amended by the City Attorney)
"~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 five minutes for each speaker
Andrea Coy said the City is doing a good job of advertising contractor rules but some citizens
are not complying. She said she called Code Enforcement and was directed to the Building
Department who then directed her back to C'ode Enforcement. She asked if anyone had sought
Stafford grants for the City of Sebastian to provide clean-up of properties. The City Manager
said this process would have to go through Indian River County. Mayor McCollum said he would
work on it and get back to Ms. Coy. Ms. Coy asked what would be the rules for home
replacement within Orange Heights. The City Manager said he could host a meeting with
Orange Heights residents and City Builder Director, Wayne Eseltine. Ms. Coy asked if there is
a code regarding stop and start times for construction relative to Pelican Isles construction.
The City Attorney ~ead the code regarding construction hours.
11. OLD BUSINESS - none
12. NEW BUSINESS - none
13. CITY ATTORNEY MATTERS - none
Regular City Council Meeting
October 27, 2004
Page Ten
t4.
04.151
D AF r
CITY MANAGER MAI-I'ERS
A. Conclusion Dates for Sebastian Hurricane Debris Removal Proqram
The C ty Manager reported that the agreed upon completion date for debris removal will be
November 6 , and this information will be advertised accordingly. He further stated that the ad
will include information that contractors should have bins and remove debris themselves. The
ad will also include identified cleaned streets will not be re-cleaned by Ashbdtt or city crews.
Mayor McCollum commended Waste Management for their notification to their customers.
Other Matters
He advised that in the future there would be a presentation on public/private partnerships with
businesses along Indian River Drive to establish mooring facilities.
t5. CITY CLERK MATTERS .- None
16. CITY COUNCIL MA'Fi'ERS
04.60
Mayor McCollum
i. Discussion Reqardinq Cessation of City Operations from 11:00 am - 4:30 pm on
December 8, 2004 to Celebrate Municipal Complex Dedication Ceremony
On MOTION by Mayor McCollum and SECOND by Mr. Coniglio, it was approved that
City Hall functions be shut down for the whole business day however employees still
report to work and participate in the dedication ceremonies on a voice vote of 5-0.
04.217
Mr. Hept nstall
Mr. Heptinstall wanted to ask Ms. Coy if Mr. King from indian River County contacted her
regarding emergency response time; he pleaded with citizens to be patient with the
cleanup for safety reasons; and noting a previous comment from the Mayor, jokingly
asked how busy a hurricane season has to be for the Mayor not to run again for Council.
He wished the Mayor well with his re-election efforts.
Mr. Coniqlio
i. Vessel Moorin.q Within City L mits..
Mr. Conig~o distributed copies of the April 24, 2004 minutes and city cods relative to
setting up a mooring area.
Tim Grabenbauer, Vero Beach Municipal Dockmaster, addressed City Council on the
way in Vero Beach set up its mooring area. He said start up cost was approximately
$1,200 per anchor. He advised mooring without lights was an enforcement issue and
unsafe, and the City should contact DEP about shower requirements and other
10
amenities.
Regular City Council Meeting
October 27, 2004
Page Eleven
DRAFT
Captain Puscher said there are no specific ordinances in place to enforce illegal
moodng, that owners of half of the boats along the coastline from the storm cannot be
determined, and whether or not someone allows them to be there, the City of Sebastian
can govern the use of the area.
Mike Mathison, Harbor Point, boat owner since 1948, said the storm forced them out of
the Sembler dock to moor in the lagoon, asked that if moodng is allowed there, will
facilities be required, and said the depth of the water in the federal anchorage area is
inconsistent and shallow. He said he believes there is grant money available to help
with a mooring field.
Mr. Coniglio asked that staff be directed to look into establishment of a mooring area and
enforcement of such an area. The City Attorney said DEP encourages mooring fields.
It was the consensus of Council to direct the City Attorney to Come up with language
after meeting with the Police Department for their input.
Other Matters
Mr. Coniglio said he had received calls asking why additional properties are not
purchased for conservation and cited a specific property off Englar. The City Manager
said the property in question is not currently available.
Noted the Sebastian River Sharks Homecoming game is Friday night at 7:00 p.m.
Ms. Monier
Ms. Monier said there are many people affected by the hurricanes who cannot get a
response for their needs and wondered what can be done to assure them that the City
will be flexible enough to help them. The City Manager said the flexibility does exist and
if contacted the City will work with them.
E. Mr. Barczyk
Mr. Barczyk said ordinances for the triangle do not follow the Chan'ette, and
recommended another moratorium until an ordinance is in place to regulate what can be
built. Mayor McCollum said we are all in agreement that the code needs to be
consistent with the Community Redevelopment Plan.
Mr. Barczyk asked that this be placed on the next agenda.
17. Being no further business, the Mayor adjourned the Regular City Council meeting at 9:42 p.m.
Approved at the Regular City Council meeting.
ATTEST:
Nathan B. McCollum, Mayor Sally A. Maio, CMC, City Clerk
11
CITY OF SEBASTIAN, FLORIDA
AGENDA TRANSMITTAL
Subject: Resolution No. R-04-47 Adopting an
Agenda No. c,-~.~ O ~"
Origin: Finance
ector: ~
City Attorney: ~ ~.~ '
City Clerk:
Date Submitted: November 5, 2004
For Agenda of: November 17, 2004
Exhibits:
Resolution No. R-04-47
Exhibit "A"
· 4th Quarter Budget Review Memorandum
Project Status Reports by fund as of September 30, 2004
Schedule of Investments by Fund with the State Board of Administration as of
September 30, 2004
Schedule of Investments by Type as of September 30, 2004
Schedule of Guaranteed Investment Contracts as of September 30, 2004
4th Quarter Accomplishments and Operating Statement Fiscal Year 2004
AMOUNT BUDGETED: APPROPRIATION REQUIRED:
Exhibit "A" Exhibit "A"
EXPENDITURE
REQUIRED: Exhibit "A"
SUMMARY.
Pursuant to city's adopted financial policies, budget reviews and adjustments would be piesented to the
City Council on a quarterly basis. In addition, project status reports and investment reports are also
included for your review.
Following adoption of the City of Sebastian's Fiscal Year 2003-2004 3rd quarter amended budget on July
28, 2004, there were several program changes that occurred over the three months ended September 30,
2004 that require an amendment to the budgets of the various funds of the City. As such we are
recommending a net increase of $979,628 to the General Fund. Tkis recommended increase represents
the initial FEMA and State reimbursement estimate and property insurance reimbursement from Flor/da
League of Cities due to hurricane Frances and Jeanne, increase ha building perm/t fees for the costs
associated with the retirement of a long time employee, as well as increase in transfer from Discretionary
Sales Tax Fund for additional costs associated with the emergency vehicles purchases. In addition, there
In keeping with the ability of the City to react to these type of changes as they occur during the course of
a year and matching it with the ability to take advantage of them, we are recommending the changes
identified in Resohifion No. 04-47, Exhibit "A", which are more particularly defined and expla/ned in
the enclosed memorandum for the 4th Quarter Budget review.
RECOMMENDED ACTION
Move to approve R-04-47.
RESOLUTION NO. R-04~47
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING
SEPTEMBER 30, 2004 AS PROVIDED FOR IN EXHIBIT "A";
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 24, 2003, the City of Sebastian adopted Resolution
No. R-03-38 providing for the adoption of the City's 2003-04 budget; and
WltEREAS, an analysis of the revenues and expenditures for the twelve (12)
months ended September 30, 2004 has indicated that some adjustments are
necessary,
NOW, THEREFORE, BE 1T RESOLVED BY THE 'CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. The budget of the City of Sebastian, Indian River County, Florida for
the Fiscal Year beginning October 1, 2003 and ending September 30, 2004 be
amended, a copy of which is attached hereto and more particularly identified as
Exhibit "A", which are hereby adopted and the revised appropriations set out therein
are hereby made to maintain and carry on the government of the City of Sebastian,
Indian River County, Florida.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. This Resolution shall be come effective on September 30, 2004.
It was moved for adoption by Councilmember
The motion was seconded by Councilmember
being put to a vote, the vote was as follows:
and, upon
Mayor Nathan B. McCollum
Vice-mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
Councilmember Lisanne Monier
The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of
November 2004.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nathan B. McCollum
ATTEST:
Sally A. Maio, CMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
EXFIIRIT "A"
AMENDED
BUDGET BEFORE
FUND ADJUSTMENTS
GENERAL
Revenues $ 9,770,357
Expenditures $ 9,770,357
CDBG-LOUISIANA AVENUE
Revenues $ 747,000
Expenditures $ 747,000
LOCAL OPTION GAS TAX
Revenues $ 716,773
Expenditures $ 716,773
DISCRETIONARY SALES TAX
Revenues $ 2,123,438
Expenditures $ 2,123,438
RIVERFRONT REDEVELOPMENT
Revenues $ 247,230
Expenditures $ 247,230
RECREATION ]IVIPACT FEE
Revenues $ 354,713
Expenditures $ 354,713
STORMWATER UTI3LTFY FEE
Revenues $ 785,879
Expenditures $ 785,879
LAW ENFORCEMENT FORFEITU1LE
Revenues $ 12,627
Expenditures $ 12,627
G.R.E.A.T. PROGRAM
Revenues $ 9,700
Expenditures $ 9,700
DEBT SERVICE
Revenues $ 82,238
Expenditures $ 82,238
DST DEBT SERVICE FUND
Revenues $ 969,482
Expenditures $ 969,482
STOR1VIWATER DEBT SERVICE FUND
Revenues $ 439,387
Expenditures $ 439,387
CAPITAL PROJECTS FUND
Revenues $ 9,616,266
Expenditures $ 9,616,266
GOLF COURSE
Revenues $ 1,554,611
Expenses $ 1,554,611
AIR_PORT
Revenues $ 257,949
Expenses $ 257,949
TOTAL $ 27,687,650
FY 2004
4Tlt QUARTER
ADJUSTMENTS
$ 979,628
$ 979,628
AM-ENDED
BUDGET AFTER
ADJUSTMENTS
10,749,985
10,749,985
(47,000) $ 700,000
(47,000) $ 700,000
32,016 $ 748,789
32,016 $ 748,789
15,932 $ 2,139,370
15,932 $ 2,139,370
$ 247,230
$ 247,230
$ 354,713
$ 354,713
5,325 $ 791,204
5,325 $ 791,204
3,000 $ 15,627
3,000 $ 15,627
1,404 $ 11,104
1,404 $ 11,104
$ 82,238
$ 82,238
$ 969,482
$ 969,482
$ 439,387
$ 439,387
1,129,904 $ 10,746,170
1,I29,904 $ 10,746,170
171,711 $ 1,726,322
171,711 $ 1,726,322
25,000 $ 282,949
25,000 $ 282,949
2,316,920 $ 30,004,570
TO:
MAYOR AND CITY COUNCIL
FROM:
TERRENCE R. MOORE
CITY MANAGER
DATE:
November 5, 2004
SUBJECT: 4th QUARTER BUDGET REVIEW - FISCAL YEAR 2004
As of September 30, 2004, the status of budgets for the major operating funds were as follows:
% OF BUDGET
REVISED RECEIVED/ BUDGET RECEIVED/
BUDGET EXPENDED* BALANCE EXPENDED
GENERAL
Revenues $ 9,770,357 $10,326,172 $ (555,815) 105:7%
Expenditures $9,770,357 $ 9,589,882 $ 180,475 98.15%
GOLF COURSE
Revenues $1,554,611 $1,445,065 $ 109,546 93.00%
Expenses $1,554,611 $1,501,627 $ 52,984 96.59%
AIRPORT
Revenues $ 257,949 $ 243,415 $ 14,534 94.40%
Expenses $ 257,949 $ 232,031 $ 25,918 89.95%
*The actual received mad expended mounts represent the total collections and expenditures for FY 2003-2004 as of October 25
2004. As of October 25, 2004, the FY2003-2004 is still open. Revenues and Expenditures are sill/being accrued.
Highlights of the fourth quarter status analysis include:
1. General Fund
Overall revenues supporting the General Fund are being received as planned. During the twelve months
ended September 30, 2004, 105.7% of the budgeted revenues were received. The fourth quarter budget
review includes recommendations to increase the total amended budget for the General Fund by
$979,628. This recommendation includes the following:
$655,838 increase m Intergovernmental Revenues, which represent the anticipated FEMA
reimbursement, State reimbursement, and FHWA reimbursement for hurricane Frances and Jearme.
The amount is appropriated to fund the debris removal contractual se~ices provided by Ashbritt, Inc.
and employee overtime costs associated with the hurricanes.
$281,348 increase in miscellaneous revenues, wl'fich represents the anticipated property insurance
reimbursement from Florida League of Cities. The amount is appropriated to contingency account for
needed repa/r work anticipated to take place in FY 2005.
$26,510 increase in bu/ldmg permit fees to fund the personnel costs associated w/th the retirement of
a long-time employee m the Building Department.
· $15,932 increase in transfer from Discretionary Sales Tax fand to fund the additional costs associated
with the police emergency vehicles purchases.
There are also two line item budget adjustments listed below wi'rich do not increase or decrease the amended
General Fund budget that are included in this amendment package.
A transfer of $9,110 line item budget savings from non-departmental to Clerk's Office ($300), City
Garage (3,550), Cemetery ($360), and Growth Management ($1,500). The transfer is necessary to be
in compliance with Florida Statute 166.241(2), wkich states that it is unlawful for any municipal
government to expend or contract for expenditu~res in any fiscal year except in pursuance of budgeted
appropriations.
A transfer of $7,500 1/ne item budget savings from Police Investigation Division to Police
Professional Standards Division. The transfer is necessary to be in compliance with Florida Statute
166.241(2), which states that it is unlawfi~ for any municipal government to expend or contract for
expenditures in any fiscal year except in pursuance of budgeted appropriations. Pohce Professional
Standards Division is a newly created division established in FY 2004.
2. Special Revenue Funds
All Special Revenue Funds are receiving revenue as planned and recording expenditures as programmed.
The fourth quarter budget adjustments include:
· $47,000 decrease in CDBG Fund total budget to reflect actual CDBG grant revenue.
$32,016 increase in Local Option Gas Tax Fund Intergovernmental Revenues, which represent the
anticipated FEMA reimbursement, State reimbursement, and FI-IWA reimbursement for humcane
Frances and Jeanne. The amount is appropriated to fund the signalization supplies costs associated
with the hurricanes.
· $15,932 increase in Discretionary Sales Tax Fund Appropriation from Pr/or Year Fund Balance to
fund the addit/enal coats associated with the police emergency vekicle purchases.
· $5,325 increase in Stormwater Utility Fund Appropriation from Prior Year Fund Balance to fund the
Federal NPDES permit fee approved by the Council on June 9, 2004.
· $3,000 increase in Law Enforcement Forfeiture Fund confiscated property revenue to fund the
qualified D.A.R.E. expenditures.
· $1,404 increase in G.R.E.A.T. Program Fund grant revenue to fund the qualified G.R.E.A.T.
expenditures.
3. Capital Projects Funds
Enclosed with this budget review is a status report of all the capital projects. The fourth quarter budget
adjustments include:2 ~
To establish capital budget for Sebastian Mumcipal Airport Rehabilitation of Runway A and
construction of aircraft parking apron in the mount of $1,000,000. The funding is provided by FAA
Grant ($950,000), FDOT Grant ($25,000), and Airport Operating Fund ($25,000).
To establish capital budget for the Grarmdeur/Larkspur Piping Project in the amount of $26,820,
which was approved by the Council on July 28, 2004. Savings generated from closed capital projects
provides the funding.
· To increase General Capital Project Fund Appropriation bom Prior Year Fund Balance in the amount
of $6,960 to f~md the project cost associated with the Grarmdeur/Larkspur Piping Project.
· To estabhsh capital budget for new traffic safety control siguage in the Pelican Island School zone m
the amount of $21,864, which was approved by the Council on August 11, 2004. Savings generated
from closed capital projects provides the funding.
· To increase capital budge~ for contract awarded to JobearAVarden Construction for the Louisiana
Avenue Neighborhood Revitalization Program in the amount of $71,660, which was approved by the
Council on August 25, 2004. Savings generated from closed LOGT funded capitaJ projects provides
the funding.
· To increase capital budget for contract awarded to Jobear/Warden Constmetien for the Louisiana
Avenue Neighborhood Revitalization Program in the amount of $2,600. The amount approved on
August 25, 2004 was understated by $2,600 due to a timing issue. Savings generated fxom closed
LOGT funded capital projects provides the funding.
There are also several line item transfers within each capital project fund for project close out and minor
adjustments, which do not increase or decrease the total budget. All closed out project savings are transferred to
the appropriate contingency account for future project needs. Line item adjustments include:
· Close out Schumann Drive Bike Path Extension project and appropriate project savings of $20,500 to
reserve for future projects.
· Close out drainage project established in 2002 and appropriate project savings of $1,962 to reserve
for future projects.
· Transfer $6,500 from Municipal Park project to reserve for other municipal complex projects. The
amount represents a transfer firom the General fund for shuffleboard court approved by the Council on
July 28, 2004.
Close out Reroof Shelters project and appropriate project savings of $3,332 to reserve for future
projects.
Close out George Street Park project and appropriate project savings of $167 to reserve for future
projects.
· Close out 2004 Annual Road Resurfaeing Program and appropriate project savings of $8,533 to
reserve for furore projects.
Close out 2004 Annual Road Paving Program and appropriate project savings of $5,228 to reserve for
future projects.
4. Golf Course Fund
3
Due to humcane Frances and Jeanne, Golf Course has suffered loss of revenues for the month of
September. For the twelve months of operations, 93% of the revenues have been collected, while 96.59%
of the expenses have been expended. The fourth quarter budget review includes recommendations to
increase the total amended budget for the Golf Course Fund by $171,711, which represents the
anticipated reimbursable amount from FBMA, State, and Florida League of Cities due to the hurricanes.
The amount is appropriated to reserve for future repairs.
5. Airport Fund
During the twelve months ended September 30, 2004, 94.4% of the budgeted revenues were received and
89.95% of the programmed expenses have been expended. The revenue shortfall is contributed to the
timing of the airport property leases. The fourth quarter budget review includes recommendations to
increase the tom/amended budget for the Airport Fund by $25,000, which represents the city's matching
share for the Sebastian Municipal Airport Rehabilitation of Runway A and construction of aircraft
parking apron project.
t in all funds to maintain maximum fiscal flexibility.
ANALYSIS OF GENERAL FUND REVENUE,
Overall revenues supporting general fund activities are being received as planned. A total of $10,326,172 or
105.7% of the $9,770,357 budget was received during the twelve months of the year. The total collections
represents actual revenues received for the fiscal year as of October 25, 2004. Due to year--end close out process,
staff anticipates additional revenue to be accrued for FY2004. This hi~a collection is mainly due to the unustmlly
high building perrmttmg activity.
TAXES:
Real and Personal Property Tax Collections were 101% &budget. The Franchise Fees and Utility Service Taxes
collections were 96.7% of budget. This is due to timing differences th recording the revenue and the actual cash
received. As of October 25, 2004, August and September 2004 Water Utility Service Taxes and Septc~mber 2004
Electric Franchise Fees have not been received. Staff is conficknt that more than 100% of the budgeted amount
will be realized.
LICENSES AND PERMITS:
Occupational and Professional Licenses are being received at higher pace than last year, at 120.6% of budgeted
revenues as compared to 113% last year for the same period.
Construction permitting is significantly higher than the prior year for the same twelve months pehod. Total
building permit fees collected is 184.6% of budgeted mount. The higher than normal collection percentage is due
to area growth. Recommendation included in the 4th quarter budget amendment represents an increase in building
permit fees in the amount of $26,510 for the costs associated with the retirement of a long time employee in the
Building Department.
INTERGOVERNIv[ENT~ REVENUE:
During the twelve months of 2003-2004, the City has received 102% of the projected revenue. As of October 25,
2004, September 2004 Local Half-Cent Sales Tax has not been received. This is due to timing differences in
recording the revenue and the actual cash received. Staffis confident that the revenue w/Il be received before~
4
year-end close out. Recommendation included in the 4th quarter budget amendment represent an increase in grant
revenues in the amount of $655,838 for anticipated hurricane related reimbursements from FEMA, State, and
FHWA.
GENERAL GOVERNMENW CHARGES FOR SERVICES:
During the twelve months the City has received 63.8% of the budgeted revenues in this group. Th/s is primarily
due to unbilled revenues for project persormel and equipment services. Other areas, such as PD overttme service
fees and Skate Facility Fees also contribute to the shortfall m revenue collections.
F1NES AND FORFEITURES:
During the twelve months ended September 30, 2004, 86.29% of revenue had been collected. The shortfall of
fines and forfeitures revenue category is mainly due to over estimated court fme revenue.
MISCELLANEOUS REVENUES:
During the twelve months ended September 30, 2004, the City has received 280% of miscellaneous revenues.
This is mainly due to property insurance reimbursements received from Florida League of Cities for the building
and content damage caused by hurricane Frances and Jeanne. Recommendation included in the 4th quarter budget
amendment represent an increase in insurance proceeds line item budget in the amount of $281,348 for property
insurance reimbursements received as of October 25, 2004.
OTHER REVENUE SOURCES:
Other revenue is being received as planned. Recommendation included m the 4th quarter budget amendment
represent an increase in transfer from Discretionary Sales Tax to General Fund m the amount of $151932 for
additional costs associated with the police emergency vehicle purchases.
The following changes are a summary of the analysis above and are the net recommended changes to the revenue
accounts:
taxes
Licenses and p~.i i~iit.q
Intergovernmental
3,harges for Services
$ 5,683,884
1,051,956
1,736,689
186,454
26,510
655,838
5,683,884
1,07'8,466
2,392,527
186,454
Fines and Forfeits 126,064 126,064
Miscellaneous Revenues 152,310 281,348 433,658
hatcrfund Transfers 15,932
Non-Revenue Sources
413,458
419,542
429,390
419,542
NET RECOMMENDED CHANGE TO TH]~ GENERAL FUND REVENUES IS $979,628.
ANALYSIS OF GENERAL FUND EXPENDITURES
Mo~st~epartmental percentages were at or below the 100% level anticipated for the twelve months ended
eptember 30, 2004. There are several budget adjustments in the General Fund which are explained below:
EXPENDITURES:
PERSONAL SERViCES $ 315,545 $ $ 315,545
OPERATING EXPENDITURES 22,459 (3,000) 19,459
CAPITAL OUTLAY 3,000 3,000
Operating Expenditures - Decrease of $3,000 results from transfCrrmg other contractual services line item budget
savings to capital outlay for the purchases o£high-speed scanner for the city.
Capital Outlay - Increase of $3,000 results from the purchase of h/gh-speed scanner to be utilized by alt city
departments.
Personal Services - Increase of $300 to reflect year-end department level budget control adjustment to be in
ctmpliance with Florida Statute 166.241 (2).
Operating Expenditures - Decrease of $2,099 results from transferring election line item budget savings to capital
outlay for the replacement of broadcasting server equipment.
Capital Outlay- Increase of $2,099 results from the purchase of broadcasting server equipment.
PERSONAL SERVICES
$ 1,531,624
$ 57,847
$ 1,589,471
OPERATING EXPENDITURES 94,016 729 94,745
CAPITAL OUTLAY 142,650 15,203 157,853
Operating Expenditures - Increase 0£$729 due to change of fixed assets threshold from $500 to $750 in FY 2004.
6 ~
Personal Services - Increase of $57,847 results from overtime pay associated with hurricane Frances and Jeanne.
Amount is reimbursable fi'om FEMA and State.
Capital Outlay - The total increase o~ $15,203 includes an increase of $15,932 results from additional costs
associated with police emergency veh/cle purchases and a decrease of $729 results from the change of fixed assets
threshold. Funding for the costs associated with the emergency vehicles is from additional transfer from
Discretionary Sales Tax Fund.
PERSONAL SERVICES $ 90,189 $ 7,090 $ 97,279
OPERATING EXPENDITURES 9,980 9,980
CAPITAL OUTLAY
Personal Services - Total increase of $7,090 includes an increase of $3,690 results from overtime pay associated
with hurricane Frances and Jeanne and an inarease of 3,400 results fi:om change of health insurance coverage. The
overtime costs are reimbursable from FEMA and State.
PERSONAL SERVICES
$ 86,391
5,274
OPERATING EXPENDITURES 2,226
CAPITAL OUTLAY
$ 91,665
2,226
Personal Services - Increase of $5,274 to reflect year-end department level budget control adjustmant to be in
compliance with Florida Statute 166.241 (2). Professional Standards is a newly created division established in FY
2004. The funding source is from Detective Division budget savings.
Operating Expenditures - Increase of $2,226 to reflect year-end department level budget control adjustment to be
in oompliance with Florida Statute 166.241 (2). Professional Standards is a newly created division established in
FY 2004. The funding source is from Detective Division budget savings.
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
$ 298,140
$ (7,5001
$ 290,640'
63,013 63,013!
35,536
35,536
Personal Services - Decrease of $7,500 to reflect a transfer o£budget savLngs to Police Professional Standards
Division to offset year-end Professional Standards Division budget shortfall. This budget adjustment is necessary
to reflect year-end department level budget control adjustment to be m compldance with Florida Statute 166.241
(2).
PERSON~ SER~CES $ 555,753 $ $ 555,753
OPE~T~G E~E~S 365,277 729 366,006
C~IT~ O~LAY 4,787 (729) 4,058
Operating Expenditures - Increase of $729 results from change of fixed asset threshold from $500 to $750 in
FY2004.
Capital Outlay - Decrease of $729 results fi:om change of fixed asset threshold from $500 to $750 in FY2004.
PERSONAL SERVICES $ 759,364 [ $ 24,000 $ 783,364
OPERATIN~:EXPENDITURES 140,979 [ 536,421 677,400
CAPITAL OUTLAY 13/000
Personal Services - Increase of $24,000 results fi.om overtime pay associated with hurricane Frances
and Jeanne. Amount is reimbursable fi.om FEMA and State.
Operating Expenditures -Net/nerease of $536,421 mainly results from debris removal services provided by
Ashbritt, Inc. due to hurricane Frances and Jeanne. Amount is reimbursable from FEMA, State, and FHWA.
Personal Services - Total increase of $9,250 includes increases results from overtime pay associated
with hurricane Frances and Jeanne and a change of health insurance coverage. Overtime pay is
reimbursable from FEMA and State.
8
PERSONAL SERVICES
$ 607,027
$ 6,000
$ 613,027
OPERATING EXPENDITURES 119,951 20,100 140,051
CAPITAL OUTLAY 26,436 26,436
Personal Services - Increase of $6,000 mainly results from overtime pay associated with hurricane
Frances and Jeanne. Amount is reimbursable from FEMA and State.
Operating Expenditures - Net increase of $20,100 results mainly from additional operating expenditures
incurred for debris removal and repair works due to hurricane Frances and Jeanne. Amount is
reimbursable from FEMA and State.
PERSONAL SERVICES
$ 104,698
$ 2,080
$ 106,778
OPERATING EXPENDITURES 16,412 360 16,772
CAPITAL OUTLAY 16,500 16,500
Personal Services - Increase of $2,080 results from overtime pay associated with hurricane Frances and
Jeanne and a change of health insurance coverage. Overtime pay is reimbursable from FEMA and State.
Operating Expenditures - Increase of $360 to reflect year-end department level budget control adjustment to be
in compliance with Florida Statute 166.241 (2).
Operating Expenditures - Increase of $1,500 to reflect year-end department level budget control adjustment to
be in compliance with Florida Statute 166.241 (2).
9
PERSONAL SERVICES $ 476,062 $ 26,510 $ 502,572
OPERATING EXPENDITURES 24,106 24,106
CAPITAL OUTLAY
Personal Services - Increase of $26,510 results fi:om personnel costs associated with the retirement of a long-time
employee in the Building Department. The funding is fi:om increase in building permit fees.
Operating Expenditures -Decrease of $9,110 to reflect transfers of line item savings to Clerk's Office, Growth
Management, Cemetery, and City Garage for necessary budget adjustment to be in compliance with Florida
Statute 166.241 (2).
Contingency - Increase of $281,348 results from anticipated property insurance reimbursement from Florida
League of Cities due to hurricane Frances and Jeanne. The mount is reserved for needed repair work anticipated
to take place in FY 2005.
NET RECOMMENDED CHANGE TO TIlE GENERAL FUND EXPENDITURES IS $979,628.
Following is a summary of the General Fund Departments and Divisions explained above:
10
001 GENERAL FUND
GENERAL FUND REVENUES
$ 9,770,357 $
979,628 $ 10,749,985 $ 979,628
FUND &
ACCOUNT
DESC1LWTION
General Fund Operating Expenditures:
Legislative
City Manager
Central Garage
City Clerk
Legal
Finance
M.LS. Division
Police Department:
Administrative Division
School Resource Unit
Patrol Division
Community Policing Unit
Code Enforcement
Professional Standards
Detective Division
Support Services Division
Communications Division
Engineering
Stormwater Utility
Public Works:
Roads & Maintenance
Parks & Recreation
Cemetery
Growth Management
Building Department
Non-departmental
Total Operating Expenditures:
REVISED
BUDGET
$ 37,440 $ $ 37,440
338,004 338,004
161,935 9,250 171,185
283,898 300 284,198
135,303 135,303
352,924 352,924
137,239 137,239
195,552 195,552
296,041 296,041
128,414 128,414
1,768,290 73,779 1,842,069
141,252 141,252
100,169 7,090 107,259
86,391 7,500 93,891
396,689 (7,500) 389,189
258,943 258,943
365,089 365,089
489,161 489,161
925,817 925,817
13ICREASE
0)ECREASE)
$
9,250
300
73,779
7,090
7,500
(7,500)
913,343 560,421 1,473,764 560,421
7531414 26,100 779,514 26,100
137,610 2,440 140,050 2,440
235,470 1,500 236,970 1,500
500,168 26,510 526,678 26,510
631,801 272,238 904,039 272,238
$ 9,770,357 $ 979,628 $ 10,749,985 $ 979,628
Excess(deficiency) of Revenue over Expenditures
$ - $ $ $
11
ANALYSIS OF CDBG-LOUISIANA AVENUE FUND
CDBG Grant - Adjustment needed to bring the budget in line with actual grant mount of $700,000.
Non-Revenue Source - Adjustment needed to bring the budget in line w/th actual grant mount $700,000.
Expenditures:
Consultants - Adjustment needed to bring the budget in line with actual amount of $56,000.
Interfimd Transfers - Adjustment needed to bring the budget in line with actual transfer amount of $644,000.
ANALYSIS OF LOCAL OPTION GAS TAX FUND
Revenues:
Grant Revenue - Increase of $32,016 to reflect anticipated grant reimbursement from FEMA, State, and FHWA
for costs incurred due to hunicane Frances and Jeanne.
Expenditures:
OPERATING EXPENDITURES
$ 202,220
CAPITAL OUTLAY $ 2,881 $ $ 2,881
DEBT SERVICE 300,000 300,000
INTERFLrND TRANSFERS 211,672 211,672
UNAPPROPRIATED
Operating Expenditures - Increase of $32,016 results from costs recurred associated with hurricane Frances and
Jeanne.
ANALYSIS OF DISCRETIONARY SALES TAX REVENUE FUND
Other Revenue - Increase appropriation from Pr/or Year Fund Balance in the mount of $15,932 for the costs
associated with the police emergency vehicle purchases.
Expenditures:
lnterfund Transfers - Increase transfer to General Fund in the amount of' $15,932 for the costs associated with the
police emergency vehicle purchases.
13
ANALYSIS OF STORMWATER UTILITY REVENUE FUND
SPECIAL REVENUE FUND
Other Revenue - Increase appropriation from Prior Year Fund Balance in the amount of $5,325 for the Federal
N-PDES pexmit fee approved by the Council on June 9, 2004.
Expenditures:
Operating Expenditures - Increase of $5,325 for the Federal NPDES permit fee approved by the Council on June
9, 2004.
ANALYSIS OF LAW ENFORCEMENT FORFEITURE FUND
SPECIAL REVENUE FUND
l~,.evenue s:
Forfeitures - Increase of $3,000 to reflect actual amount collected.
14
E3
~enditm-es:
OPERATING EXPENDITURES
$ 9,60O
$ 3,000
$ 12,600
CAPITAL OUTLAY 1,700 1,700
UNAPPROPRIATED 1,327 1,327
Operating Expenditures - Increase of $3,000 to reflect actual mount expended.
ANALYSIS OF G.R.E.A.T. PROGRAM FUND
SPECIAL REVENUE FUND
Grant Revenue ' Increase 0f $1,404 to reflect actual amount collected.
Expenditures:
Operating Expenditures - Increase of $1,404 to reflect actual amount expended.
15
ANALYSIS OF GOLF COURSE FUND
ENTERPRISE FUND
Grant Revenues $ $
$ 79,642
Greens Fees 516,029 516,029
Cart Rentals 715,000 715,000
~ving Range 48,500 48,500
Membership Fees 90,000
Other Fees and Sales 133,356
51,726
92,069
Non-Operating Revenue
90,000
133,356
143,795
Grant Revenues - Increase of $79,642 to reflect anticipated grant reimbursements fi-om FEMA and State due to
hurricane Frances and Jeanne.
Non-Operating Revenue - Increase of $92,069 to reflect anticipated insurance reimbursement fi-om Florida
League of Cities for hurricane damages.
Expenses:
Contingency - Increase of $ I71,711 to reflect anticipated reimbursements fi-om FEMA, State, and Florida league
of Cities due to hurricane Frances and Jeanne. The amount is reserved for repair work anticipated to take place in
FY2005.
16
ANALYSIS OF AIRPORT FUND
ENTERPRISE FUND
Revenues:
kant Revenues
P~ents & Royalties
~ther Miscellaneous Revenue
qon-Operating Revenue
$ 32,000
200,660
19,043
$ 32,000
200,660
19,043
6,246 25,000 31,246
Non-Operating Revenue- Increase in Appropriation from Prior Year Retained Earnings in the amount of $25,000
to fund the city's matching share for the Sebastian Municipal Airport Rehabilitation of Runway A and
construction of aircraft parking apron project.
Expenses:
Intrafund Transfers - Increase transfer to Airport Capital Project Fund in the amount of $25,000 to fund the city's
matching share for the Sebastian Municipal Airport Rehabilitation of Runway A and construction of aircraft
parking apron project.
17
CITY OF SEBASTIAN, FLORIDA
SCHEDULE OF INVESTMENTS
AS OF SEPTEMBER 30, 2004
STATE BOARD OF ADMINISTRATION
RETURN ON SBA INVES'rM~NT
1.22%
INVEST1VEENT ALLOCATION
General Fund
Local Option Gas Tax Fund
Discretionary Sales Tax Fund
Riverfron Redevelopment Fund
Recreation Impact Fee Fund
Stormwater Utility Fund
Debt Service Fund
Discxetionary Sales Tax, Series 2003 and
2003A Debt Service Fund
Stormwater Series 2003 Debt Service Fund
Capital Improvements Fund
Transportation Fund
Stormwater Projects Fund
Golf Course Fund
Airport Fund
Cemetery Trust Fund
Sub-Total
Golf Course Fund
Discretionary Sales Tax Revenue Bonds,
Series 2003A Bond Proceeds
TOTAL INVESTMENTS HELD ViITH THE
STATE BOARD OF ADIViINISTRATION
pERCENT
15.79%
1.33%
2.53%
1.31%
8.73%
14.52%
0.63%
6.01%
0.01%
16.27%
9.13%
0.14%
6.50%
15.40%
1.70%
100%
100%
100%
CURRENT
BALANCE
$1,098,640.39
92,461.64
i75,900.86
91,040.56
607,658.02
1,010,829.54
44,140.32
418,}71.59
615.22
1,132,158.10
635,319.82
9,976.60
452,600.62
1,071,521.62
118,238.77
$6,959,673.67
512,036.30
2,021,167.18
$9,492,877.15
CITY OF SEBASTIAN, FLORIDA
SCHEDULE OF INVESTMENTS BY TYPE
AS OF SEPTEMBER 30, 2004
CUSTODIAL ACCOUNT
COUPON/ DATE OF
YIELD PURCHASE
3.100% 05/14/03
ASSET NAME
Federal Hon~ Loan Bank Bonds
Callable
2 Federal Farm Credit Bank Bonds
Callable
3 Federal National Mortgage Association Notes
TOTAL
INVESTMENT ALLOCATION
1 General Fund
Recreation Impact Fee
Cemetery Trust Fund
Sub-Total
2 General Fund
Sub-Total
3 General Fund
Local Option Gas Tax Fund
Recreation Impact Fee Fund
Stormwater Utility Fee Fund
Transportation Fund
Sub-Total
TOTAL
3.000% 05/28/03
1.875% 04128/04
PERCENT
42.65%
16.18%
41.17%
100.00%
100.00%
49.93%
10.01%
10.01%
I0.0I%
20.03%
100.00%
PURCHASE
PRICE
$I,000,937.50
1,000,000.00
998,671.88
$2,999,609.38
CURRENT
BALANCE
$426,862.50
162,000.00
412,075.00
51,000,937.50
$1,000,000.00
$1,000,000.00
$498,671.88
100,000.00
I00,000.00
100,000.00
200,000.00
$998,671.88
$2,999,609.38
MATURITY
DATE
05/14/07
05/28/08
09/15/05
CUSIP
NUMBER
3133MYME4
31331QN45
31359MTB9
CITY OF SEBASTIAN, FLORIDA
SCHEDULE OF INVESTMENTS BY TYPE
AS OF SEPTEMBER 30~ 2004
CERTIFICATE OF DEPOSIT
INSTITUTION
Harbor Federal Savings Bank
First National Bank & Trust Company
TOTAL
DATE OF PURCHASE
.PURCHASE PRICE
03/09/04 $1,000,000.00
04/06/04 500,000.00
$1,500,000.00
YIELD
2.000%
2.200%
MATURITY
DATE
03/09/05
10/06/05
INVESTMENT ALLOCATION
General Fund
TOTAL
CURRENT
PERCENT BALANCE
100.00% $1,500,000.00
$1,500,000.00
CITY OF SEBASTIAN, FLORIDA
SCHEDULE OF GUARANTEED INVESTMENT CONTRACTS
AS OF SEPTEMBER 30, 2004
GUARANTEED INVESTMENT CONTRACT
CITIGROUP FINANCIAL PRODUCTS, INC.
ISSUE
Discreationary Sales Tax Revenue Bonds,
Series 2003
Stormwater Utility Revenue Bonds,
Series 2003
TOTAL
PURCHASE INITIAL BALANCE MATURITY
DATE DEPOSIT REMAINING RATE DATE
04/24/03 $9,204,000.00 $822,734.02 1.740% 04/01/06
11/19/03 5,946,000.00 5,886,229.65 2.040% 12/15/06
$15,150,000.00 $6,708,963.67
Thru:
From:
Date:
Re:
Honorable Mayor and Councilmembers
Terrence R. Moore, City Manager
Shai Francis; Director of Finance
November 5, 2004
4th Quarter Accompliskrnents and Operating Statement Fiscal Year 2004
Enclosed please f/nd the 4th Quarter Accomphshments and Operating Statement for the City of Sebastian as
assembled and prepared by the FLnance Department for the twelve months ended September 30, 2004.
If you have any questions or need add/tional information, please call Shai Francis at 388-8205 or Terrence Moore
at 388-8203.
CITY CLERK
Legislative Support Matters
Prepared agenda packets and minutes for 6 Regular City Council meetings, 4 Special City
Council Meetings, 1 Council workshop, and 1 CRA workshop and 1 CRA meeting, 1 Board
of Adjustment - attended meetings for a total of 22 hrs.
60rddnances Adopted
· 14 Resolutions Adopted
· 1 Proclamation presented
· Distributed one Code of Ordinances supplement to Council, staff and parties on mailing list
· 2 Final plats recorded
· 1 Easement vacation recorded
· 0 Deeds of easement recorded (Louisiana Avenue deeds recorded by City Manager's office)
· Placed 8 Council agendas in the Press Journal
Records Management Pro,ram
, Provided access to all e-mail public records in accordance with Press Journal public records
~. request - MIS worked with all departments to establish procedures to move e-mall public
records to public folders for access in City Clerks office computer
· Records Management Specialist met with departments to determine record types for the
establishment of a comprehensive records schedule for the City
· City Clerk attended Laserfiche Imaging seminar sponsored by Municipal Code Corporation
for presentation of new so.ware and user training with MIS staff- August 5, 2004
1
· 4 boxes of records that reached retention & 17 bags of duplicate and OSA records destroyed
by Shred-It - 7 trees saved
· Scanned into Laserfiche - 16 sets of minutes, 13 agenda packets, 10 City Manager newsletters
& "The Pelican Brief', 14 resolutions, 6 ordinances, 53 cemetery lot certificates and
supporting documents
· Wrapped and boxed all vital City records for Hurricanes Frances and Jeanne
Election Matters
· Provided space to Supervisor of Elections in City Clerks office for fifteen day early voting
state law requirement prior to the August primary
· Prepared ordinance for City Attorney review for code amendment to repeal requirement for
board members to resign ten days prior to beginning of quarrying - Council adopted
ordinance O-04-16 on 9/15/04
Cit~ Board Matters
· Filled 6 vacancies and conducted orientation for 1 new board members
Cemetery Matters
· Community Matters
· Administrative Secretary created new resident brochure
119 Garage Sale permits issued
Created i certificate of appreciation for citizen and plaque for Lions Club (4th of July)
Assisted FEMA in the distribution oftarps for citizens' roofs and fielded citizens' hurricane
related phone calls
PersonneVEdueational Matters
· City Clerk and Deputy City Clerk attended in-house tra/nmg for ADAdFMLA laws
FINANCE · Conducted two successful budget workshops with the Budget Advisory Committee.
· Assisted the City Manager compiling the proposed FY 2004-2005 Annual Budget.
· Facilitated the adoption of the FY 2004-2005 Annual Budget.
Received 100% TRIM compliance with State of Florida Department of Revenue.
· Developed and implemented the City of Sebastian's revised Travel Policy.
· Developed and implemented the City of Sebastian's take home vehinle taxation procedure.
MIS
Successfully brought the City through two major Disasters and maintained the integrity of the
Cities communications and network.
· Reconfigured the Cities Firewall to operate in a more secure faskion with no intruder access.
DNS and l~ problems we were having with Bell South have been corrected and the City of
Sebastian has operated free fi:om any interruption in service.
· Coordinated all the vendors involved in the New City Hall move.
· Mobile I/viC laptops for the PD have been tested with Verizon air cards and proven to be
successful in the field.
· Providing a fully functional Dispatch alert terminal right to the patrol cars:
· Configured the Building Departments IMS software to work properly. The inspectors are
now able to do their work on the road and at the end of their day the work is exported bom the
laptops and merged by the host computer into the master database. ~
2
Workload measures: · Work Order Requests Processed = 345
· Workstation Preventive Maintenance Performed = 0
· Unplanned Server Outages -- 2 (Hurricanes)
· Unplanned Network Outages = 2 (Hurricanes)
· Unplanned Telephone Outages -- 2 (Hurricanes)
· Ordered a new the Email and web Servers
· Keep all aspects of the City Network Up and Rmnning
· Work on Tightening Network Security
It-LIMAN RESOIJ'RCES
Completed one training session of the "in-house" Supervisory Training Academy. Topics
included "Family and Medical Leave Act and the Americans with Disabihties Act."
· Distributed monthly editions of ~ Frontline, A monthly Emplownent Law Update for
Supervisors. Topics included, "How to Manage Problem Employees", "Employees: Give
Them a Break?" and "Avoiding Meltdown in the Melting Pot."
· Continuing negotiations with the Coastal Florida Police Benevolent Association.
Provided a "Lunch n' Learn" ttainmg session (third in a series of four) on retircunent
preparation. ICMA Retirement Corporation is co-sponsoring the training.
· Continued the Employee Recognition Program through the employee of the quarter program.
· Successfully completed health, dental, and vision open enrollment.
· Developed and implemented an Emergency Closure Policy.
POLICE DEPARTMENT
Administration · Maintained Operational Status during construction.
· Maintained Operational Status during hurricane Francis and Jeannie.
· Redesigned operational zones of the City to implement Community Oriented Policing.
· Completed staffing changes to comply with operational phase of Community Oriented
Policing.
· Implemented operational phase of Community Orientated Policing.
· Continued to search for alternative funding sources for programs and equipment through
· Attended various meetings with City Staff.
· Attended numerous senior management meetings.
· Members of Command Staff attended City Council meetings.
· Continued to review and develop operational policies.
SehoolResourceOfficers
Workload measures:
2 DARE skates
1 DARE bowls
There were 5 school reports written
4 student/parent conferences
4 mediations conducted
74 counseling's
20 school meetings attended
0 classroom programs were conducted
Road Patrol
· During this period officers responded to 2,145 calls for service with 4,270 officer-initiated
activities. There were 159 arrests made by the patrol division this quarter.
· Traffic enforcement was conducted throughout the city with 404 citations being issued and
501 written warnings. We had 119 vehicle crashes reported.
· Our motorcycle officer has done traffic control in numerous areas throughout the city in an
effort to reduce traffic related problems. He issued 164 citations and 55 written warnings. He
also made 35 arrests and handled 6 crashes.
· Officers have been actively addressing complaints of speeders throughout the city
aggressively mad continuously.
· During this period, officers handled 174 parldng issues and wrote 46 citations and issued 82
notices, 2 verbal warning, and 19 pohce services and tagged 3 vehicles.
· Our 2 K-9 officers conducted 205 traffic stops, made 49 arrests and wrote 158 citations and
122 written warnings. They also assisted officers on numerous calls for service.
· Road Patrol worked many extra hours to maintain order throughout the City during both
Hurricane Frances and Jeanne.
Community Policin~ Unit
Workload measures:
· 17 community meetings
· 1235 citizen contacts were made
· 26 business contacts/meetings
· 2 CPTED reports & blueprints completed
· 4 child car seat & safety referrals were made
· 13 other agency referrals were made
· 163 officer initiated community relation/public relation contacts were made
· Conducted 2 background checks for applicants
Community Volnnteer Unit
Workload measures:
· 222 bank nms
· 196 citizen contacts
· 13 disabled warnings/citations
· 50 written warnings
· 153 traffic controls
· 11 Council/courier packages
· 909 house watches done
· 118 business checks
· 30 vehicle transports
· 20 escorts
· 41 special duty details
Training Unit
· Employees attended 10 miscellaneous work related classes/seminars during this quarter and
ali sworn officers received PPE training. (Al1 in-service training scheduled for September was
cancelled due to the hurricanes).
Code Enforcement
Workload measures:
· 231 written Warnings were issued
· 16 reinspections
502 citizen assists
· 30 notice of violations issued
· 23 twenty-four hour tags issued
· 145 signs removed
· 22 tree inspections
· 1 lien filed
234 cases closed
Investigations
Workload measures:
Detective Sergeant Grimmich and Detective Acosta attended a 40-hour Advanced Homicide
Investigation course
· 45 cases were assigned, with 15 being cleared
· 1 felony arrest was made
· 69 reports/supplements were completed
· 21 warrants were obtained
Record Division
· Continue to provide our residents with local record checks, incident and accident reports and
assistance with various other requests.
· Completed the Uniform Crime Semi Annual report for 2004, submitted and accepted by
FDLE
· Records ~ersonnel alternated between three shifts and assisted dispatch during both Hurricane
Frances and Hurricane Jeanne by answering the large volume of calls coming in from
Sebastian residents and out of state residents, taking welfare check requests, providing
emergency information and reporting down power lines and poles to FP & L.
Workload measures:
· Incident Reports processed, dispersed to proper agencies and checked for accuracy ....... 445
· Accident Reports processed, dispersed and entered into IMC ................................... 89
· Traffic Citations processed and entered into IMC ........................................ 599
· parking Citations processed, followed up and entered into IMC ................................. 72
· Warning Citations processed, followed up and entered into IMC ............ ~ .................. 781
· Subpoenas signed for, processed and distributed ................................................... 541
· Fingerprinting services for our residents ............................................... 52
Dispatch
· Re-certified one (1) Dispatcher with FCIC/NCIC certification.
· ~' S;fipervisor attended FDLE CJIS Conference.
· .,Due to the Hurricane, D~spatehers had to work A/B 12 hfs shifts.
· ,REceived assistance from other divisions before and after the hun-icanes because of an
EXTREME work overload and also being short of dispatchers.
· Communications International replaced our radio fiber connections with a microwave
connection.
· Our back up radio was replaced and updated.
· The monitor to the main radio was replaced due to damage during the hurricane.
· Dispatched and entered 9,617 calls into C.A.D.
5
PUBLIC WORKS
Roads
and Drainage
Handled preparations for the 4th of July celebration. Started preparations for the Clambake
Festival. Prepared the City Buildings for Hurricane Frances, then storm cleanup for Frances.
Prepared the City Buildings for Hurricane Jeanne, then storm cleanup for Jeanne.
Transported fill to Administration Building site at the airport, 54 hours assisting the garage, 300
hours assisting the sign shop, 128 hours assisting the Golf Course, 16 pothole complaints and
repairs, 20 Misc. complaints were handled. The sweeper truck cleaned 14 streets. Light pole
repair on Indian River Drive and banner repairs totaled 87.
Parks Division · Assisted in preparations for the Fourth of July celebration.
· Added new sand to the Creative Playground.
· Treated all athletic fields with insecticide for mole cricket control.
· Installed new landscaping in Schumann Drive medians
· Transplanted certain landscaping in US #1 medians
· Participated Hurricane Frances cleanup and recovery
· Continue regular maintenance (mowing, weed eating, edging and blowing) on all City properties.
Cemetery
The Cemetery Division continued regular routine maintenance of mowing, weed eating and edging.
Fertilized and applied weed killer, made necessary irrigation repairs. Installed ali necessary memorial
plaques.
ENGINEERING
General
· Performed advance emergency preparations and post-storm cleanup and restoration related to
hurricanes, particularly Frances and Jeanne.
· Assisted Finance Department and City staff in estimating damages and preparing
documentation for emergency funding reimbursement requirements.
· Continued with the design, permitting, organization, and beginning construction activities for
the Louisiana Avenue Renovation Project.
· Continued design review and troubleshooting related to the City'S Master Stormwater
Management Plan and SWU capital improvement program.
· Assisted on a daily basis in resolution of numerous drainage and signage inquiries and
complaints fi.om residents.
Assisted internal staff on a daily basis in the clarification and resolution ofnumerons
contractor drainage permits matters.
· Reviewed and coordinated numerous permitting and site plan review items with Building
Department and Growth Management.
· Continued performing troubleshooting ~and planning for interrelated drainagel paving, and
sidewalk matters.
· Continued design, procurement, and/nstallation of various waffle signage items, including
new school zone signals and signage.
· Set up pav/ng program for FY 2004 / 2005.
· Continued sidewalk installation program.
· Continued development and improvement of Sign Shop operations and procedures.
· Continued development and organization of Engineering Assistant / Intern program.
6
· Continued development of public education program regarding stormwater and streets / roads
/ traffic matters.
· Made several presentations to City Council regarding engineering matters.
· Continued development work, including various key contacts and meetings, regarding
program for kigher education offerings in Sebastian area.
Field Investigations
Workload measures:
· Responded to 25 drainage complaints
· 40 new pool construction inspections
· 180 new home construction inspections
· 183 new home drainage permits
· Set elevation for 8 side yard pipes
· Set elevation and grade for 10 road crossing pipes
Stormwater · Regraded swales in Orange Heights subsequent to the road-repaving program.
· Installed additional drainage pipe crossings for sidewalk program on Barber Street.
· Commenced construction of 30" and 36" channel piping project Larkspur and CP~ 512.
Intcu'rupted by storms.
· Continued general mowing and maintenance of ROW's, swales and channels.
· Mowed and cleaned channels in Un/ts 2, 3, 4, 5,
· Finalized contract with SJRWMD for $42,500 matching fund grant for Stormwater Water
Quality projec~ at Davis SWeet and Indian River Drive.
· Prepared stormwater system for Hurricanes Frances and Jearme.
· Cleanup yard, construction and household debris after Hurricanes.
· Cleanup and reopen swales and channels of yard waste, aluminum and construction debris
subsequent to Hurricanes.
Traffic Division
Workload Measures:
· Stop signs- 25
S~'eet signs-140
· Cross-walks-2
Magnetic-0
Handicap-2
· No parking-8
· Specialty-23
· Route assembly- 3
· Warning signs- 20
· Temp signs- 25
· Guide signs 4
· School Zone 2
· No trespassing 4
· Fabricated 120
· Pavement Marking 180 Ft.
· Traffic Studies 0
· Mailbox Replacement 0
7
GARAGE · Preparing the City Compound for installation of the P.D. Generator so the City w/ll be ready and
adequate in another emergency disaster.
· Continue to work with other operating departments to identify their vehicle and equipment needs
in the event of a disaster.
· Continued employee education and training and certification program.
· Continued maintaining the fuel facility in accordance with E.P.A. requirements and assuring fuel
is always available to our fleet.
· Continued the shop equipment modernization program to increase the level and quality of service.
· The Central Garage has successfully weathered two hurricanes and I/ave managed to keep P.D.,
Pubi/c Works and other departments up and running through these times of disaster.
GROVv"rH MANAGEMENT
The following information outlines the Growth Management Department's 4th Quarter
accomplishments~ The i/st includes only items that have been completed during the quarter, not those
that are under review and/or evaluation.
Workload measures: · Site Plan reviews - 5
Site Plan extensions - 1
· Site Plan Inspections - 14
· Conditional Use Permits - 1
· Subdivision and PUD reviews - 5
· Annexation reviews - 3
· Zoning Text Amendments - 0
· Comprei/ensive Plan Text Amendments - 0
· Home Occupational License reviews - 21
· Accessory Structure reviews - 3
· Model Home permits - 6
· Change of Land Use requests - 3
· Rezoning requests - 3
· Sign Applications (zoning clearance review) - 14
· Temporary Sign Permits - 4
· Temporary Use Permits - 1
· Address Assignments - 145
· Address Corrections - 7
· Release of Unity of Title - 10
· Variance Requests - 2
· Special Exceptions - 0
· Division of a Single Lot - 1
· Vacation of E~ements - 2
· Grant of Easement- 0
· Right of Way Abandonment- 0
· Occupational License (zoning clearance review) - 12
· Fence Permit (zoning clearance) - 1
· Zoning Interpretations - 150
· Zoning Confirmation letters - 7
· Field Inspections - 20
8
· Flood Zone Determinations - 12
· Code Enforcement Assists/Code Determinations - 25
In addition to the above, Growth Management staffprocessed approximately 100 permit applications
for the Building Department in an effort to relieve their worldoad. Performed zoning review for
approximately 125 single-family, multi-family house permit applications for the Building
Department. Presented Quarterly Pride in Sebastian Awards.
BUILDING DEPARTMENT
The following information outhnes the Bu/ldmg Department's 4th Quarter accomplishments. The list includes
only items that have been completed during the quarter, not those that are under review and/or evaluation.
· Completed the evaluation and documentation of damage assessments throughout the city after
Hurricane Frances and Hurricane Jeanne in less than two weeks for each hurricane.
· Contractor licensing had approximately 2000 license renewal notices mailed out to contractors
licensed through the city. Approximately 1200 licensees have responded and had their
licenses renewed. Also approx/mately 500 state licensed contractors have had their
registrations updated.
· Total inspections performed for the quarter included 804 for the month of July, 785 for the
month of Augtist and 293 for the month of September.
· Total building permits issued for.the quarter included 486 for the month of July, 408 for the
month of August and 200 for the month of September. The permit issuance during the montli
of September was lower due to the period of time that the city was closed after the hurricanes
and the period of time in which it took for damage assessments to be done and the
construction industry as a whole to get back to normal op~ations.
AIKPORT
Airport staff accomplished the following tasks during the 4th quarter of FY2003-2004:
· Construction on Runway 9-27 and its accompanying parallel taxiway is approximately 85%
complete. Though construction should be finalized over the next several weeks, it's impomnt
to remember that the runway cannot be opened until J&S Aviation has vacated their premises
and we finish the demolition of both his and the damaged Velocity hangar.
· Completed the design and bidding of the rehabilitation of Taxiway A and construction of
aircraft parking apron. This will offer a significant increase in safety of operations as well as a
substantial increase in aesthetics. The addition of a parking apron at our administration facility
will allow a place for transient aircraft to park, fuel, and serve as a gateway for them to visit
our City.
· Through much coordination and diligence, we have secured over $1.3 million from the
Federal Aviation Administration for the above-referenced project. This was a significant
endeavor specifically because of the extraordinary cost of reconstructing such a large amount
of asphalt.
· Spent a sibmificant mount of man-hours preparing then recovering from Hurricanes Frances
and Jeanne. This included moving barricades, securing construction and operational
equipment, coordinating aircraft storage with tenants, cleaning up debris, straitening bent
fence, filling in and repairing washouts, and cleaning/sweeping dirt, sand and other debris
from all runways and taxiways.
· Coordinated the use of airport by Ash,Britt Environmental to store hurricane debris. This is a
continual process whereby hundreds of truckloads of debris arrive, get inspected, and then
dump their contents weekly.
· Coordinated the use of the airport by Florida Power.and Light whereby our facility turned into
a miniature city, with a catering service that served nearly 2,500 meals, three times a day,
9
shower facilities, command trailers, fleet maintenance, fueling stations, and 24-hour security.
Th/s extensive effort allowed the restoration of power to be completed far ahead of their
original schedule.
GOLF COURSE
1. Total revenue for 4th Quarter: $151,893
A) Total Golf Shop Sales for 4th thQuarter: $14,103
B) Driving Range Revenue for 4 Quarter: $5,533
C) Discount Card sales for 44 Quarter: $0
D) Cart Fees for 4th Quarter: $88,199
E) Golf rounds played for Fiscal 03-04 4th Quarter: 8,792
F) Green Fees for 4th Quarter: $43,610
G) Club Rental & Club Storage revenue for Fiscal 03-04 4th Quarter: $330
PI) Computerized Golf Handicap Tracking Fees for 4th Quarter: $72
2. Sebastian Junior GolfAcadcuny offered two weekiong Academies in July. Both Academies
reached maximum attendance. Total number of juniors participating in this summer's Golf
Academies: 112.
Received City Council approval for Collier Club to access through and use a portion of Golf
Course parking lot, in return for Collier Club to construct additional parking facilities for Golf
Course, as well as re-sealing & re-striping present parking facility, providing additional
landscaping, and re-paving and widening entrance road to Golf Course.
4. Received City Council approval for repair of driving range net system as a result of damage
inflicted by Hurricane Francis.
As a result of City Council approval, purchased two new items for Golf Course maintenance
including Toro Greensmaster Mower and Club Car Carry-All.
6. As a result of City Council approval, renewed One Source Golf Services, Inc., the Golf
Course maintenance contractor, to a five (5) year agreement.
As a result of Hurricane Frances, began plans for obtaining county water to the Golf Course
clubhouse and repair of Golf Course facilities including clubhouse, cart & maintenance bams,
on-course restrooms, starter's station and irrigation control panel.
Opened Golf Course well ahead of schedule after Hurricane Frances, due to the incredible job
performance of One Source Golf Services, Inc. Golf Course reopened on September 16th,
after initial assessment called for a reopen date of October 1st.
.10
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
As of October 29, 2004, Fiscal Year 2004 is still open due to year-end close out. The Year-To-Date
information provided is as of October 29, 2004.
GENERAL FUND REVENUES
Description
Quarter Year Current Revised
To Date To Date Encumbrance Budget %
TAXES
LICENSES & PBRMITS
I~TERGVTL REVENUES
CHARGES FOR SERVICES
FINES AND FORFEITS
MISC. REVENUES
OTHER REVENUE SOURCES
APPROPRIATED FUND BALANCE
TOTAL REVENUES
(978,689) (5,707,280) 0 (5,683,884) 100.4%
(70%007) (1,866,539) 0 (1,051,956) I77.4%
(530,699) (1,768,023) 0 (1,736,689) 101.8%
(24,221) (119,003) 0 (186,454) 63.8%
(20,110) (108,787) 0 (126,064) 86.3%
(324,952) (450,855) 0 (152,310) 296.0%
(130,902) (428,140) 0 (833,000) 51.4%
0
(2,716,581) (10,448,627) 0 (9,770,357) 106.94%
Description
PERSONAL SERVICES
OPEILATING EXPENDITURES
CAPITAL OUTLAY
TOTAL LEGISLATIVE
GENERAL FUND EXPENDITURES
CITY COUNCIL EXPENDITURES
Quarter Year Current REVISED
To Date .To Date Encumbrance BUDGET %
5,329 21,490 0 21,490
4,057 12,203 0 15,950
0 0 0 0
9,385 33,692 0 37,440
100.0%
76.5%
0.0%
89.99%
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL CITY MANAGER
CITY MANAGER EXPENDITURES
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
90,753 316,764 0
4,701 14,938 0
0 0 2,799
95,454 331,702 2,799
315,546 100.4%
19359 76.8%
3,000 93.3%
338,005 98.96%
Description
( ~
PERSONAL SERVICES
TOT.AL CITY CLERK
CITY CI.'ERK EXPENDITURES
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
63,774 227,606 0 225,945 100.7%
9,440 54,395 0 55,855 97.4%
2,100 2,100 0 2,099 100.0%
75,314 284,101 0 283,899 100.07%
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
Description
PERSONAL SERVICES
OPEILATING EXPENDITURES
CAPITAL OUTLAY
TOTAL LEGAL
LEGAL
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
37,592 128,653 0 129,969 99.0%
1,822 5,449 0 5,334 102.1%
0 0 0 0 0.0%
39,414 134,102 0 135,303 99.11%
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL FINANCE
FINANCE
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
79,541 278,811 0 276,513 100.8%
7,054 63,689 1,083 71,620 90.4%
0 4,789 0 4,790 100.0%
86,595 347,290 1,083 352,923 98.71%
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL MIS
Description
PERSONAL SERVICES
OPERATING EXPENDITLrRES
CAPITAL OUTLAY
HUMAN RESOURCE
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL POLICE ADMIN
M.I.S.
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
29,231 89,545 0 87,879 101.9%
2,522 16,769 0 18,860 88.9%
11,145 30,073 0 30,500 98.6%
42,898 I36,387 0 137,239 99.38%
HUMAN RESOURCES
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
49,544 169,020 0 I69,062 100.0%
4,661 22,750 0 26,490 85.9%
1,162 1,162 0 0 0.0%
55,367 192,932 0 195,552 98.66%
POLICE ADN[INISTRATION
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
74,979 260,708 0 263,430 99.0%
4,973 17,330 0 20,505 84.5%
0 12,105 0 12,106 100.0%
79,952 290,144 0 296,041 98.01%
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL POLICE PATROL
SCHOOL RESOURCE OFFICER
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
35,268 118,644 0 117,620 100.9%
(762) 8,069 0 10,793 74.8%
0 0 0 0 0.0%
34,506 126,713 0 128,413 98.68%
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL POLICE PATROL
POLICEPATROL
Quarter Year current REVISED
To Date To Date Encumbrance BUDGET %
466,085 1,501,641 0 1,531,624 98.0%
29,686 111,384 0 94,745 117.6%
40,318 163,171 3,048 141,921 117.1%
536,089 1,776,196 3,048 1,768,290 100.62%
Description
PERSONAL SERVICES
OPEPokTING EXPENDITU1LES
TOTAL CODE ENFORCEMENT
COMMUNITY POLICING UNIT
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
32,231 117,326 0 129,688 90.5%
1,172 6,419 0 11;564 55.5%
33,402 123,745 0 141,252 87,61%
Description
PERSONAL SERVICES
OPERAT/lqG EXPENDITURES
CAPITAL OUTLAY
TOTAL CODE ENFORCEMENT
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
POLICE CODE ENFORCEMENT
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
28,839 107,088 0 100,169 106.91%
PROFESSIONAL STANDARDS
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
25,509 92,415 0 86,391 107.0%
93 1,458 0 0 0.0%
0 0 0 0 0.0%
25,602 93,873 0 86,391 108.66%
3
26,736 97,051 0 90,189 107.6%
2,104 10,036 0 9,980 100.6%
0 0 0 0 0.0%
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL POLICE INVESTIGATION
POLICE INVESTIGATION
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
97,505 274,201 0 298,140 92.0%
14,154 57,752 475 63,013 92.4%
856 34,115 0 35,536 96.0%
112,516 366,067 475 396,689 92.40%
Description
PERSONAL SERVICES
OPERATING EXPENDITLrRE S
CAPITAL OUTLAY
TOTAL SUPPORT SERVICES DIVISION
POLICE SUPPORT SERVICES DMSION
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
70,160 241,719 0 236,752 102.1%
2,905 11,922 0 22,191 53.7%
0 0 0 0 0.0%
73,065 253,641 0 258,943 97.95%
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL COMMUNICATIONS
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTT~Y
TOTAL ENGINEERING
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL ROADS & DRAINAGE
POLICE COMMUNICATIONS
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
97,791 335,666 0 334,599 100.3%
7,663 24,158 0 30,490 79.2%
0 0 0 0 0.0%
105,454 359,824 0 365,089 98.56%
ENGINEERING
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
I04,242 410,582 0 414,842 99.0%
5,919 23,463 0 38,031 61.7%
34,340 36,343 0 36,289 100.1%
I44,500 470,388 0 489,162 96.16%
ROADS & DRAINAGE
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
211,683 782,595 0 759,363
47,515 136,523 254 133,879
0 I2,020 0 12,100
259,198 931,138 254 905,342
4
103.1%
102.2%
99.3%
102.8~
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
Description
PERSONAL SERVICES
OPEP-.ATING EXPENDITURES
CAPITAL OUTLAY
TOTAL STORMWATER DIVISION
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL GARAGE
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL PARKS/RECREATION
STORNUWATER UTILITY DMSION
Quarter Year Current REVISED
To Date .To Date Encumbrance BUDGET
140,633 541,403 0 555,753 97.4%
63,498 290,071 37,858 366,006 89.6%
(729) 4,058 0 4,058 100.0%
203,402 835,532 37,858 925,817 94.34%
CENTRAL GARAGE
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
42,459 148,896 0 138,283 107.7%
5,786 19,655 0 20,952 93.8%
810 2,175 0 2,700 80.6%
49,054 170,727 0 161,935 105.43%
PARKS/RECREATION
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
155,184 598,668 0 607,027 98.6%
34,018 I38,739 9,900 127,951 116.2%
15,251 24,088 0 26,436 91.1%
204,453 761,495 9,900 761,414 101.31%
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL CEMETERY
CEMETERY
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
29,033 109,574 0 104,697 104.7%
4,260 17,012 0 17,212 98.8%
(1,022) 13,120 0 15,700 83.6%
32,271 139,707 0 137,609 101.52%
O Description
ERSONAL SERVICES
PERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL GROWTH MANAGEMENT
GROWTH MANAGEMENT
To Date
Year Current REVISED
To Date Encumbrance BUDGET %
61;716 217,232 0 217,500 99.9%
5,567 19,617 0 I7,970 109.2%
0 0 0 0 0.0%
67,282 236,849 0 235,470 100.59%
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
Description
PERSONAL SERVICES
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL BLrILI)rNG DEPARTMENT
BUILDING DEPARTMENT
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
151,332 497,343 0 476,062 104.5%
6,213 20,454 524 24,106 87.0%
0 0 0 0 0.0%
157,545 517,798 524 500,168 103.63%
· Description
PERSONAL SERVICES
OPERATING EXPENDITURES
GRANTS & AIDS
OTI-IER SERVICES
TOTAL NON-DEPARTMENTAL
NON-DEPARTMENTAL
Quarter Year current REVISED
To Date To Date Encumbrance BUDGET %
3,472 9,188 0 5,000 183.8%
132,500 576,353 7,036 616.301 94.7%
0 0 0 4,000 0.0%
6,500 6,500 0 6,500 100.0%
142,472 592,041 7,036 631,801 94.82%
2,716,581 10,448,627 0 9,770~357 106.9°/o
2,694,031 9,613,169 62,977 9,770,357 99.0%
TOTAL GENERAL FUND REVENUE
TOTAL GENERAL FUND EXPENDITURE~
EXCESS (DEFICHgNCY) OF REVENUES
OVER/(UNDER) EXPENDITURES
22,550 835,458
6
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
CDBG FUND-LOUISIANA AVENUE
Description
rNTERGVT'L REVENUE
OTHER REVENUE SOURCE
TOTAL CDBG FUND REVENUE
Description
OPERATING EXPENDITURES
OTHER SERVICES
TOTAL CDBG FUND EXPENDITURES
Description
TAXES
INTERGVT'L REVENUE
MISC. REVENUES
OTHER REVENUE SOURCE
TOTAL REVENUES
CDBGREVENUES
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
(48,300) (63,300) 0 (698,000) 9.I%
0 0 0 (49,000) 0.0%
(48,300) (63,300) 0 (747,000) 8.47%
CDBG EXPENDITURES
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET
0 15,678 34,000 99,000 50.2%
0 47,622 0 648,000 7.3%
0 63,300 34,000 747,000 13.03%
LOCAL OPTION GAS TAX
LOGT FUND REVENUES
Quarter Year Current
To Date To Date Encumbrance Budget
(185,341) (655,570) 0 (705,595)
(6,914) (6,914) 0 0
(2,811) (11,344) 0 (10,533)
o o 0 (645)
(195,066) (673,828) 0 (716,773)
92.9%
0.0%
107.7%
0.0%
94,01%
Description
OPERATING EXPENDITURES
CAPITAL OUTLAY
DEBT SERVICE
OTHER SERVICES
TOTAL EXPENDITUtLES
LOGT FUND EXPENDITURES
Quarter Year Current
To Date To Date Encumbrance Budget
58,015 204,013 19,971 202,220
0 2,870 0 2,881
150,000 300,000 0 300,000
94,500 211,672 0 211,672
302,515 718,555 19,971 716,773
110.8%
99.6%
100.0%
100.0%
103,03%
7
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
DISCRETIONARY SALES TAX
DST FUND REVENUES
Description
Quarter Year Current Revised
To Date To Date Encumbrance Budget
TAXES
MISC. REVENUES
OTHER REVENUE SOURCE
TOTAL DST FUND REVENUES
(520,976) (1,984,522) 0 (2,093,829) 94.8%
(4,279) (13,982) 0 (29,609) 47.2%
0 0 0 0 0.0%
(525,255) (1,998,504) 0 (2,123,438) 94.12%
Description
DST FUND EXPENDITURES
CAPITAL OUTLAY
O'II-/TzR SERVICES
TOTAL DST FUND EXPENDITURES
Quarter Year Current Revised
To Date To Date Encumbrance Budget
0 0 0 0 0.0%
812,186 2,123,438 0 2,123,438 100.0%
812,186 2,123,438 0 2,123,438 100.00%
RIVERFRONT REDEVELOPMENT FUND
Description
MISC. REVENUES
TAX INCREMENT REVENUES
TOTAL RIVERFRONT REDEVELOPMENT
R/VERFRONT REDEVELOPMENT REVENUES
Quarter Year Current Revised
To Date To Date Encumbrance Budget
387 (2,615) 0 (2,735) 95.6%
0 (250,995) 0 (244,495) 102.7%
387 (253,610) 0 (247,230) 102.58%
RIVERFRONT REDEVELOPMENT EXPENDITURES
Description
Quarter Year Current Revised
To Date To Date Encumbrance Budget
OPERATING EXPENDITURES
CAPITAL OUTLAY
OTHER SERVICES
TOTAL RIVERFRONT REDEVELOPMENT
11,698 86,041 0 209,987 41.0%
0 0 0 0 0.0%
0 0 0 37,243 0.0%
11,698 86,041 0 247,230 34.80%
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
RECREATION IMPACT FEE FUND
Description
MISC. RJEVENUES
RECREATION IMPACT FEE
OTHER REVENUE SOURCES
TOTAL RIEC IM?ACT FEE REVENUES
Description
OPERATING EXPENDITURES
OTHER SERVICES
TOTAL REC. IMPACT EXPENDITUR]ES
RECREATION IMPACT FEE REVENUES
Quarter Year Current Revised
To Date To Date Encumbrance Budget %
(4,696) (8,195) 0 (2,953) 277.5%
(262,925) (557,700) 0 (286,010) 195.0%
0 0 0 (65,750) 0.0%
(267,621) (565,895) 0 (354,713) 159.54%
RECREATION IM!°ACT FEE EXPENDITURES
Quarter Year Current Revised
To Date To Date Encumbrance Budget %
2,177 2,177 0 2,178 99.9%
70,000 135,750 0 352,535 38.5%
72,177 137,927 0 354,713 38.88%
STORMWATER UTILITY FUND
Description
MISC. REVENUES
STORMWATER UTILITY FEE
TOTAL STORMWATER REVENUES
Description
OPERATING EXPENDITURES
OTHER SERVICES
TOTAL STORMWATER EXPENDITURES
STORMWATERREVENUES
Quarter Year Current Revised
To Date To Date Encumbrance Budget %
(3,34?) (20,608) 0 (13,098) 157.3%
(4,627) (749,289) 0 (772,781) 97.0%
(7,974) (769,897) 0 (785,879) 97.97%
STORMWATER UTILITY EXPENDITURES
Quarter Year Current Revised
To Date To Date Encumbrance Budget
(1,487) 13,050 425 8,625 156.2%
(34,972) 363,943 0 777,254 46.8%
(36,459) 376,993 425 785,879 48.02%
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
LAW ENFORCEMENT FOREITURE FUND
LAW ENFORCEMENT FORFEITURE REVENUE,q
Description
Quarter Year Current Revised
To Date To Date Encumbrance Budget
FINES AND FOREITURES
MISC. ILEVENLrES
OTHER REVENUE SOURCES
TOTAL LAW ENFORCE FORFEITURE
(1,000) (10,130) 0 (ZOOO) 144.7%
(355) (7,512) 0 (4,627) 162.3%
o o o (1,ooo) 0.0%
(1,355) (17,642) 0 (12,627) 139.72%
Description
LAW ENFORCEMENT FORFEITURE EXPENDITURES
OPERATING EXPENDITURES
CAPITAL OUTLAY
GRANTS & AIDS
OTHER SERVICES
TOTAL LAW ENFORCE FORFEITURE
Quarter Year Current Revised
To Date To Date Encumbrance Budget
2,534 10,375 2,348 9,600 132.5%
0 1,203 0 1,700 70.8%
0 0 0 0 0.0%
0 0 0 1,327 0.0%
2,534 11,578 2,348 12,627 110.29%
G.R.E.A.T. PROGRAM
Descr~iption
INTERGV'PL REVENUES
M/SC: ~VENUES
TOTAL G.R.E.A.T. PROGRAM
Description
OPERATING EXPENDITURES
CAPITAL OUTLAY
TOTAL G.ILE.A.T. PROGRAM
G.R.E.A.T. PROGRAM REVENUES
Quarter Year Current Revised
To Date To Date Encumbrance Budget
(9,134) (11,104) 0 '(9,700) 114.5%
0 1 0 0 0.0%
(9,134) (11,103) 0
G.R.E.A.T. PROGRAM EXPENDrrURE, S
(9,700) 114.47%
Quarter Year Current Revised
To Date To Date. Encumbrance Budget
9,547 10,279 0 9,700 106.0%
0 0 0 0 0.0%
9,547 10,279 0 9,700 105.97%
l0
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
Description
MISC. REVENUES
SPECIAL ASSESSMENTS
OTHER REVENUE SOURCES
TOTAL DEBT SERVICE REVENUES
Description
OPERATING EXPENDITURES
DEBT SERVICE
TOTAL DEBT SERVICE EXPEND1TU'R~S
Description
MISC. REVENUES
INTERFUND TRANSFER FROM DST
DEBT PROCEEDS
TOTAL DEBT SERVICE REVENUES
Description
OPERATING EXPENDITLrR~S
DEBT SERVICE
OTHER SERVICES
TOTAL DEBT SERVICE EXPENDITURES
Description
MISC. REVENUES
DEBT PROC~I~DS
TOTAL REVENUES .
OP Description
DEBT SERVICE
TOTAL EXPENDITUR~ES
DEBT SERVICE FUND
DEBT SERVICE REVENUES
Quarter Year Current
To Date To Date Encumbrance
Revised
Budget
(8,112) (12,617) 0 (2,674) 471.9%
(28,424) 0 (18,680) 152.2%
0 0 0 (60,884) 0.0%
(8,112) (41,041) 0 (82,238) 49.91%
DEBT SERVICE EXPENDITURES
Quarter Year Current Revised
To Date To Date Encumbrance Budget %
0 152 0 160 95.1%
0 81,991 0 82,078 99.9%
0 82,143 0 82,238 99.88%
DST SERIES 2003 DEBT SERVICE FUND
DEBT SERVICE REVENUES
Quarter Year Current Revised
To Date To Date Encumbrance Budget %
(229) (2,798) 0 0 0.0%
0 (842,702) 0 (842,702) 100.0%
0 (126,780) 0 (126,780) 100.0%
(354,688) (972,280) 0 (969,482) 100.29%
DEBT SERVICE EXPENDITURES
Quarter Year Current Revised
To Date To Date Encumbrance Budget
0 0 0 300 0.0%
0 917,643 0 949,482 96.6%
0 0 0 19,700 0.0%
0 917,643 0 969,482 94.65%
STORMWATER 2003 DEBT SERVICE FUND
DEBT SERVICE REVENUES
Quarter Year Current
To Date To Date Encumbrance
(344) (473) 0
73,611 (439,387) 0
73,267 (439,860) 0
DEBT SERVICE EXPENDITURES
Quarter Year Current
To Date To Date Encumbrance
Revised
Budget %
0 0.0%
(439,387) 100.0%
(439,387) 100.11%
Revised
Budget %
0 0 0 0
(9,859) 419,210 0 439,387
(9,859) 419,210 0 439,387
0.0%
95.4%
95.41%
11
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
Descripfiou
iNTERGOVERNMENTAL REVENUES
CHARGES FOR SERVICE
MISC. REVENUES
OTHER REVENUE SOURCES
TOTAL REVENUES
GOLF COURSE FUND
GOLF COURSE REVENUES
Quarter Year Current
To Date To Date Encumbrance
0 0 0
(129,721) (1,398,686) 0
(9,135) (46,379) 0
0 0 0
(i38,856) (1,445,065) 0
Revised
Budget %
0.0%
(1,448,294) 96.6%
(54,591) 85.0%
(51,726) 0.0%
(1,554,611) 92.95%
Description
PERSONAL SERVICES
OPERATEqG EXPENSES
CAPITAL OUTLAY
DEBT SERVICE
OTHER SERVICES
TOTAL ADM2NISTRATIVE
Descriution
OPERATING EXPENSES
CAPITAL OUTLAY
OTHER SERVICES
TOTAL MAINTENANCE
Description
PERSONAL SERVICES
OPERATING EXPENSES
CAPITAL OUTLAY
TOTAL CARTS
TOTAL GOLF COURSE REVENUE
TOTAL GOLF COURSE EXPENSES
EXCESS (DEFICIENCY) OF REVENUES
OVER/(UNDER) EXPENSES
GOLF COURSE EXPENDITURE,q
GOLF COURSE ADNIENISTRATIVE
Quarter Year Current
To Date To Date Encumbrance
Revised
Budget %
66,362 259,981 0 284,481 91.4%
59,111 263,962 0 247,675 106.6%
0 0 0 0 0.0%
(210,928) 76,290 0 310,890 24.5%
0 0 0 0 0.0%
(85,454) 600,233 0 843,046 71.20%
GOLF COURSE MAINTENANCE
Quarter Year Current
To Date To Date Encumbrance
Revised
Budget %
136,891 534,850 0 551,839 96.9%
0 0 26,114 43,200 60.4%
0 0 0 0 0.0%
136,891 534,850 26,114 595,039 94.27%
GOLF COURSE CARTS
Quarter Year Current
To Date To Date .Encumbrance
8,609 30,066 0
13,469 53,404 0
0 0 0
Revised
Budget %
52,326 57.5%
54,200 98.5%
0 0.0%
22,078 83,470 0
138,856 1,445,065
73,514 1,218,553 26,114
65~41 226,512
12
106,526 78.36%
1,554,611 93.0%
1,544,611 80.6°/6
CITY OF SEBASTIAN, FLORIDA
OPERATING STATEMENT
ACTUAL TO BUDGET SEPTEMBER 30, 2004
AIRPORT FUND
Description
INTERGOVT'L REVENUES
MISC. REVENUES
OTHER P,.EVqENUE SOURCE
TOTAL AIRPORT REVENUES
AIRPORT REVENUES
Quarter Year Current REVISED
To Date To Date Encumbrance BUDGET %
0 (32,000) 0 (32,000) 100.0%
(64,862) (211,415) 0 (219,703) 96.2%
0 0 0 (31,246) 0.0%
(64,862) (243,415) 0 (282,949) 86.03%
Description
PERSONAL SERVICES
OPERATING EXPENSES
CAPITAL OUTLAY
OTHER SERVICES
TOTAL AIRPORT EXPENDITURES
TOTAL AIRPORT REVENUES
TOTAL AIRPORT EXPENSES
EXCESS(DEFICIENCY) OF REVENUES
OVE1U(UNDER) EXPENSES
AIRPORT EXPENDITURES
Quarter Year Current REVISED
To Date To Date .Encumbrance BUDGET
34,709 129,814 0 120,975 107.3%
8,136 56,284 0 89,282 63.0%
(45,933) 0 0 45,933 0.0%
25,000 25,000 0 26,759 93.4%
21,912 211,098 0 282,949 74.61%
64,862 243,415 0 282,949 86.0%
21,912 211,098 0 282,949 74.6%
42,950 32,317
13
CITY OF SEBASTIAN, FLORIDA
AGENDA TRANSMITTAL
Subject: Resolution No. R-04-48
Authorizing City Manager to Execute DCA
Disaster Relief Funding Agreement for
Hurricane Frances and approving use of
General Fund Emergency Reserve to finance
the 5% match for expenses incurred as a result
of J3tt~cane Frances/. .....
Agenda No. C' £! Z ~: 3
Depamnent Or/gin: Office of the City Manager
and Finance Department
Finance Director: ~'-~ ~
City Attorney: ~'
City Clerk: ~
~bmitted: November 1, 2004
For Agenda of: November 17, 2004
Exhibits:
· Resolutidn No. R-04~48
· Letter of Transmittal from Department of Community Affairs
· Disaster Relief Funding Agreement for Hurricane Frances
EXPENDITURE [ AMOUNT BUDGETED: [ APPROPRIATION
REQLU2RED: N/A N/A REQUIRED: N/A
SUMMARY
The City received the FEMA and State of Florida Disaster Relief Funding Agreement on
October 29, 2004 pursuant to the City's request for reimbursement for damages received as a
result of Hurricane Frances. The City Attorney has reviewed the contract and finds no
exceptions.
Resolution No. R-04-48 authorizes the City Manager to execute the contract as the Primary
Agent for the City.
The Disaster Relief Funding Agreement provides for 90% reimbursement from FEMA, 5%
reimbursement from the State, pending budget authority approval from the State Legislature,
and a 5% match from the City of Sebastian. City has $350,000 set aside in the General Fund
Emergency Reserve.
RECOMMENDED ACTION
Move to adopt Resolution No. R-04-48 authorizing the City Manger to execute the State
of Florida Department of Community Affairs Disaster Relief Funding Agreement for
hurricane Frances and approve use of General Fund Emergency Reserve to finance the
5% match for expenses incurred as a result ofhurr/cane Frances.
RESOLUTION NO. R-0448
A RESOLUTION OF THE CITY OF SEBASTIAN, ENDIAN RIVER COUNTY,
FLORIDA. AUTHORIZING THE~ CITY MANAGER TO EXECUTE THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF
FUNDING AGREEMENT FOR HURRICANE FRANCES; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WI~EREAS, in accordance with City Charter Section 3.04 (g) by d/recfion of the
Council, the City Manager may sign all contracts, bonds, debentures, f~anckises and official
documents on behalf of the City; and
WHEREAS, the Disaster Relief Funding Agreements for Federal and State assistance for
Hurricane Frances have been submitted to the City for execution.
NOW, TItEREFORE, BE IT RESOLVED BY TlcIE CITY COUNCIL OF TltE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. THAT:
Section 1. Authorization. The City Council hereby authorizes the City Manager to
execute the State of Florida Department of Community Affairs Disaster Relief Funding
Agreement.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 3. This Resolution shall become effective ~mmediatelyupon adoption.
It was moved for adoption by CounciLmember
The motion was seconded by Councilmember
put to a vote, the vote was as follows:
and, upon being
Mayor Nathan B. McCollum
Vice-mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
Councilmember Lisanne Monier
The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of
November 2004.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nathan B. McCollum
Sally A. Maio, CMC
City Cl:rk
Approved as to form and content for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
DEPARTMENT
JEB BUSH
Governor
STATE OF FLORIDA
OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to cai/ home"
October 29, 2004
MEMORANDUM
TO:
VIA:
FROM:
SUBJECT:
All Sub-grantees for Public Assistance Disaster Relief Funding
Frank J. Koutnik
Deputy State Coordinating Officer for Recovery
Del Streid
State Public Assistance Officer
Disaster Relief Fundinq Agreement
Enclosed is the original Disaster Relief Funding Agreements for Federal and State assistance for Hurricane
Frances FEMA-1545~DR-FL. The funding agreement wilt provide funds for eligible disaster relief activities
specifically described in approved Project Worksheets (PWs).
Please print or type the name and title of the authorized agent with the address where the State is
to submit official notices and payments under the Agreement (page 9, Paragraph 25). The authorized agent
(also referred to as the Primary Agent) is the person responsible for signing all official documentalion sent
to us (request for payment, time extension requests, ceriJflcation of Project Listings, otc.) and ensuring
documentation is available for Final Inspection and audit
Signature Authority: The person signing the Agreement should be the chief executive official for
your organization: Mayor for ci~Jes and towns; 'Chairman of the Board of County Commissioners for
counties; Chief Executive Officer of private nonprofit organizations; Agency Head or Secretary of State
Departments, Please submit documentation verifying signature authority for all others. Documentation
stating delegation of authority should be one of the appropriate examples listed below:
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncorn 291.0781
lnternet address: http://www,dca.state.fl.us
MEMORANDUM
October, 2004
Page Two
For counties, a board resolution or meeting minutes confirming the signature authority.
For cities, a city commission resolution, meeting minutes, or a copy of the page(s) from the
city charter authorizing the signature.
For private nonprofit organizations, a copy of the page from your charter specifying the
position authorized to sign contracts, a board resolution or meeting minutes authorizing
signature.
For state agencies delegation of authority signed by the Secretary or Agency Head.
The State of Florida Public Assistance Office is managing the current disasters in Orlando, Florida at the
Disaster Field Office. Please forward the completed Agreement for Frances FEMA-1545-DR-FL excluding all
attachments to:
Disaster Field Office
100 Sunport Lane
Sunport Center
Orlando, Florida 32809
ATTN: Del Streid, Public Assistance
Should you have any questions, please feel free to contact Gary Freerksen, Deputy State Public Assistance
at (407) 858-2817 or by email: gary.freerksen('C, dca stage.fi.us.
DS/
Enclosures
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement ]qo. 05-PA-G%-10-41-02~130
CSFANo. 52600308; CFDANo. 97.036
Subgrantee: Sebastian, CityOf
lq~°S 1~o. 061-64825-00
This Agreement is batwe~u thc State ofFlofrda, Dapaxtment of Comman/ty Affairs Cnereinafier reqerred to
a~ the "Grantee") and, the undersigned State Agency or political subdivision of thc State er privaxe nonprofit
organizations (hereinafter referred to as the "Subgrantee'). This Agreeraent is based on the existence oith¢
following facts and cunddfions:
A. WI~P..EAS, Hurricane Frm~ces beginning S~ptember 1, 2004, and theraafier, had a devastating impact
upon tha State of Florida. The s~veriW of tha damage and lossas resulted in a preclanmtion of emergency by the
Oovermer in Executive Order 04-192, In consequence of the Event, the President of the United States on
Septernber! 6, 2004, declared Major D~saster No. FEMA-DR-1545-FL in ail enun~es in the State of Floridm As a
result, thc Pubhc Assistance Program was msde available to eli~bla applicanls in thesa Declared courses; and,
B. WI-I~R.F~S, a FEMA-State Agreement barwean tho State of Findda and the Fed~al Emergemcy
Manageraent Agancy governing tha use of such funds requires tho State to shara tha costs eligibla for federal
financial assistance, and the State has u~d~aken to share those easts, as approp~a[ed, with its Sub~mn~es; and,
C. WI-~R~S, the C-rantae r~presente that ~ is fully quailed and eligible to rec~iva these grant funds te
prey!da the services idanfified heroin and agrees to anmply with all tha req uireaments of this Agra~ment; and,
D. WHEREAS, the Grantee receives these grunt funds from the State of Florida and the federal
goverarnent, and has thc authority, under Section 252.373, Fie. Stat. to disburse these funds to the Subgrantees upon
the terms and onnditinl~s hereinal~ter s~ £orth; mad,
E. WI-IEREAS, a Budget Amendxucat has been prepared and is being considered to provide for the
necessary funds and autho~ty for this event. Under the Emergency Management Act, as un~ended, the D~part~ent
has authority to aam~=~nter federal financial assistance fi:em the Feder~ Emergency Managcm~mt Agency
consequent to a presidential declaration of disaster.
NOW, THEP._EFOKE, the Grantee and Subgrantec, based upon the existence of thc foregoing condiriuns,
do further agree to the following:
AI~TICLE L Definitions. As used in this Agreement, the fo[lowing terms shall have thc following
mas~fings unless another me~u~ug is specified elsewhere:
A. "El~_giblc acTvities" ara those activit~s authorized in the FEMA-State Agreement, and in thc Robert T.
Stafford D[sast~ Relief and Emergency Assistance Act, Public Law 93-288, as ~mended, 42 U.S.C. § 5121-5201 ~
44 C.F.IC Part 206; end applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agranment dated September 4, 2004, between the Federal Emergency
Management Agency and the State of Fhirida, for the Major Disaster No. FEiVLA~1545-DR-FL.
ARTICLE II. Applicable Law. The parties agree to all the conditions, obligetiom, and duties imposed by
the FEMA-State Agreement and all applicable state end federal legal requ/rements including, without any limitation
on the generality of the forego/nM the requirements 0£44 C.F.1L Parts 13 and 206, end the policies of the Federal
Emergency Mm~gement Agency.
ARTICLE III. l~unding and Iusmrance. Grenme shat/provide funds to the Subgrantee for ei/~ble
activities for the projects approved by the Grantee and the Federal Emergency Managemem Agency, as spec/f~ed m
the approved Project Worlcsheets. Allowable costs shat/be determined as per 44 C.F.R. Parts 13 and 206, which shall
be ninety (90) percant of all ohgibin costs.
A. The approved Project Worksheets shall be vransmitted to Subgrantee, and shall state the ctmaulative
landing allowed, the scope of the eligible project, and the costs ehgible under Ibis Agreement. Project Worksheets
may obhga~e or deobllgate funding, thereby emending the total funding for the project. The approved Project
Worksheets shall document the to'mi oligiblo costs and the total federal share of those costs, which shall be rinety (90)
percent of all eligible costs, tmiess a higher percenlage is approved. Cenhngent upon an appropriation by the Florida
Legislature, the Grantee may provide somepor~ien of any non/ederal shase for local government. As a condition of
receipt of the federal funding, the Subgrantan agrees m provide any norffederal share not paid by the Grantee.
B. As a condition to fending under this Agreement, the Subgrantec agrees that the Grantee may withhold
funds otherwise payable to Subgrantee firom any disborsemeut to Grantee upon a determination by Grantee or Federal
Emergency Management Agency that funds exceeding the eligible costs have been dishursed to Subgrantee pursuant
to this Agreement or any other funding agreement adminiaterod by Grantee.
C. As a further condition m funding under this Agreement, the Subgrantec agrees to procare insurance
sufficient for the type or types of hazasds for which tho disaster was declared to cover any and all projects to be funded
under this Agreement where insuranco is available and reasonshle. Subgrantee ahall provide Granme with a certificate
of such insurance as a condition to ftmdmg under this Agreement.
ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage cevered by insurance, nor may Subgrantan receive any other duphoate bane~s under
this Agreement.
A. Subgrentee shalI without delay advise Grantee of any insuranco coverage for the damage identified an the
appheable Project Worlcsheeta and of any entitlement to compensation or indemn/ficetien from such iusurance.
Subgrantee shall reimburse Crr~tec without delay for any duphcate benefits S ubgranme may receive from any other
source for any damage identified on the appi/cable Project Worksheets for which Subgrentee has received payment
from Grautee, to the extent of any such duplication.
B. In the event that Grantan should datermine that Subgranme has received duplicate benefil~, by its
execution of this Agreement the Subgr~antee gives Grantee ortho Chief Financial Offieer-Depar~nent of Financial
Services of the State of Florida the authority to set offthe sum of any such duplinate benefits by withholding it from
any other funds otherwise due and owingto Subgrmtee.
ARTICLE V. Compliance with Environmental, Planning and Permit'ting Laws. Subgrantec shall be
re~pons/ble for the implemontalien and completion of the approved projects described in thc Project Worksheets in a
mamngr acceptable to Grantee, and in accordance w/th applicable legal requ/rements. The centraet documents for any
project undertaken by Subgrantee, cud any laud use permitted by or engaged in by Subgrantee, shall be consistent with
the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order
comphes with all applicable pl~n~3ug, permitting and bu/ldmg requirements. Subgrantee shall engage such ctynrpetent
engineering, builclmg, end other mohnic4d and professional assistance at all projecl sims as may be needed to ensure
that the project complies with thc contract docements.
2
ARTICLE VI. Required Documentafion~ Reviews, and Inspections. Subgramee shall create and
maintain documentation of wurk performed and costs incurred on each project identhfied m a Project Workshest
sufficient to pCnmt a forms/audit comporting with ordinary, customary end prudent pubhe acononung reqmrements.
Upon the failure of Subgrantee to create end uraintaln such documentation, Grantee may terminate further funding
ander this Agreement, and Subgrantee shall reimburse to Grantee ali payments disbursed eerher to Subgramee,
together with any and all acarued thtore~
A. Subgramee shall subm/t the following documarrhation for Large Projeets (the Small Project threshold for
this declaration is $54,100).
i. A Request for Rirmbursemant corrf°rmmg to the sample at~anhed to t}fis Agreement as
Attachmant C.
2. A Summary of Documentation Fern conforming to the sample a~ached to this Agreement as
Attachment D, which shall be supported by original documents such as conteaet documents, invoices, purchase orders,
change urders and the l~ce;
3. A request fur final inspection;
4. A signed Project Completion and Certification Report upon the completion of ali projcsts; and
5. The Project Completion and Cartifieation Report spednSed by Paragraph B of this Article.
B. For all projects, Subgrantee shall state on the "projcet Comple~don and Certfifieation Report" that all work
was performed in accordance w/ih tiffs Agreement and the requirements in each i~'OJ ecl WorJ~hect, and shall slate the
date of completion.
C. Grantee will thspect Small Projects by random selection, and will conduct thc final in~pec~ons en Large
Projects, to ensure that al/work ha~ been performed withth the scope of work ~pecified on the Projant Worksheets.
Costs r,:ot w_thin the approved scope of work shall not be ~anbursedi
ARTICLE ~v]I. Cost Sharing. The federal share of the eligible costs ~pecified in the Project Wurk~heats
under ~ Agreement shall be ninety (90) pement of such cost~, onleas a higher percentage/s approved, of such costs
and the nonfederal shure shali be the remaining amoant. Payment of all or a spec'ffled portion of the narffederal shere
o£ such costs is contingent upon a potential future State apprOprmtion defining the apportionment of the nonfederal
share. AdministratiYe costs in add/riCh to the Project Worksheets that are otherwise eligible under 44 C.F.R. Pm 206
and do not require metctdng funds may also be funded by FBMA.
ARTICLE VIII. Payment of Costs. Grantee shall disburse the el/gible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal andnonfcderal sbures of the eligfible costs for Smsll Projects to
Subgrantea as soon as practicable at, er execution of this Agreement end forms/nolfflcatien by the Federal Emergency
Mauagemant Agency of itc approval of the pertinent Project Worksheet
B. Grantee shall re/raburse Subgrantee for the federal and nonfederal shares of the eligible costs fur Large
Projects as soma as practicable after Subgrontee has delivered the following documents to Grantee:
1. A Request for Rffnnbursement F~ca conforming to the sample a~tached to this Agreement as
Attactm~ent C;
2. A Summary of Doc, m~autafion Form conforming to the sample att~hed to ihs Agreement as
("A ,t~achment D which shall be supported by original documents such as con, act documents, thvoioes, purchase orders,
change orders and the 1/kc md is also available at www.flotidana.org.; and~
3. A lc~er or nod~o~don certifying that thc repur~ed costs were incurred in the performance of
ed.~bl~ Woflc
C. Grantee may advance funds under th/s Agreement to Suhgrmatoe not exceedhig the federal share
S ub~m-~tee meets ~he £ollowmg conditions:
1. Subgrantee shall certify to Grantee that Subgrantoe has procedures in place to ensure that funds
are disbarasd to project vendors, contractars, and subconlxacters w/thout mmecessary delay;
2. Subgrantee shall submit to Grantee the budget supporting the request;
3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of fands requested;
4. Subgrantoe shall subm/t a completed Request £or Advance and Schedule of Projected
Expenditures Fomas eo~formmg to the samples attached to Il.is Agreen~ent as Attachments A and B and is also
available at www.floridapa, orm; and,
5. Subgrantee shall pay over to Grantee any/nterest em-ned on advances for remithm~ce to the
Federal Emergency Management Agency as often as prast/eabla, and m any event not later than ten (10) basiness days
after the close of eanh calendar quarter.
D. Sub~antoe may make improvements to the project fasility i~ conj anion with its restorahon of the
facility to its pm-disaster condition in aanordanoe with 44 C.F.R. Part 206 with the prior written approval of Grantee.
E. In any case in which Subgrantee coffees to Grantee in writing that the restoration of a damaged public
fasihty to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the
Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Par[ 206 before
the coramencomant of any work.
F. Grantee nmy, in its dis~relion, withhold its porden of the nonfederal share of funding under th/s
Agreement from Subgramee ff Granlee has reason to expect a subsequent unfavorable determination by the Federal
Bmergency Management Agency that a previous disbursemem of funds under this Agreement was m~Proper.
ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Sub~antoe upon the
performance of the following conditions:
A. Sub~antee shall have completed the project;
B. Subgrmatee shall have submitted the dooumentafien specified in Articles VI and V-/II of this Agreement;
C. In the case of Large Projects, the Grantee shall have perforated the final inspect/on;
D. In the case of Small Projects, the Project Listing and Certification ~hMl have been roy/owed by Gramee, or
Crmntee shal/have performed a final im~pection; and,
E. Subgrantee shall have requested final reimbursement
ARTICLE X. Records Maintenance. The landing of ehgible costs under this Agreemer~ and the
performance of all other eondhions shall be subject to the following requffements, in addition to such other and further
requirements as may be imposed by operation of law:
A. The 'ffJhiform Administrative Requirements for Grants and Cooperative Agreements to State mad Local
Governments," as codified in 44 C.F.R. Pm 13, as amended;
B. Office of Managemant and Budget Circular No. A-$7, "Cost Principles for State and Local
Governments," as amanded;
C. Office of Munagcmant and Budget Circular No. A-Il0, "Uniform Administrative Rcqu/rements for
Grants and Other Agrecmems with Inst/tufions of Higher Education, Hospitals and Other Non-Profit Grgan/zations,'
as anlcndcd; and
D. Office of Management and Budget Circular No. A-I22, "Cost Principles for Non-Profit Organizations,"
as amended.
E. Subgzanteo will maintain all documenlation concemiug the projects funded under this Agreement until the
occurrence of the following events, wkichevcr is thc later:
1. The completion of final inspenfion and final audit, and thc finalresolution of any issues identified
in the sams; or,
2. Tho expiratiun of tl~ec (3) years f~om the dete of disaster ctosanat under this A~e~ment
F. gub~rant~ ~hall make all danum~lation cancemthg the ~'oje~s fanded under this A~cemen~ a'~allable
and accessible to the Comptroller General of the United Sta~s, the Grantee, and the Federal Emergency Manageman~
Agency bctwean 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of F~nds. If upon final inspection, final audit or other review by Crrante¢,
tho Federal Emergency iVlmagement Agency or other authority detcmnucs that the disbuzsements to Subgrantee under
this A_orenment exceed thc eligible costs, Subgrentec ~aU rcimb orse to Grantee the sm by which the total
disbursements exceed thc eligible com~ within forty-five (45) days fren~ the date Subgrantec is notified of such
dc~ermmatiom
AP~TICLE XII. Audit. Subgranten shall submit an Audit of Agreement Comphance to Grunten, and shall
have an independent audit perforated by a Certified Public Accountant flits total expenditures of federal financial
assistanca for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrantee wil/conduct the audit in accordance with the following reqmrcmente:
1. The standards established by thc Coml~roller General of the United Stares, as spechfied ha the
General Accoun~thg Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions;
2. The standards established by thc American Institute of Certified Public Accountants;
3. The reqmremants of § 11.42, Fla. S~at., and the Rules of the Auditor Ganeral;
4. The reqtareraants of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. §§
7501-7507, to tho extent here applicable; and,
5. Office of Menagcment and Budget Circular No. A-133, as mended, to the extant here applicshle.
B. Thc audit shall be iden05ied by the serial oonUact identification number for this Agreement. If the
Subgrantec is a private nonprofit organization, it shal/submit an organmatian -wide audit.
C. The audit ~hall be due not later than seven (7) months after the dose of the fiscal yeer for Subgrantee
except where Grantee cud Subgrantee have mutually agreed upon another date.
· ! ~ D. Subgranten shall conduct such additional audits as Grantee ortho Federal Emergency Management
Agency may dcteamine necessary to determine thc adequacy, accoracy, and reliability of the intmmalprocedures
8ubgrantee has m place to protect its assets and to ensure octopi/anco with this Agreemant.
E. If this Agreement is closed out without an audit, Grantee may recover from Sub~antee any disallowed
costs idanlifind m an audit after such closeeut.
ARTICLE Xlll..Nuncompliance. Ifthe Subgrantee violates this Agreement or any le~alafion, regulation,
statute, rule or other legal requ/rement applicable to the performance of this Agreement, the Grantee may udtkhold any
disborsemunt otherwise due Subgrantoe for the projecl with respect to whinh the violation has occurred until the
violation is cured or has otherwise come to final resoinhun. If the violation is not cured, Grantee may temhnate this
Agreement and revoke its remedies under the Agreement as per Articles XVi[I and XX/II of this Agreement.
ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of
nandisurlm~ation in its administration of disaster essk~tancc under th/s Agreemant, as per 44 C.F,R. Parts 7 and 16,
and 44 C.F.R Pa~ 206. Subgrantee shall also be subjectlo the reqmremants In the General Services Admthisxrafive
Consolidated List of Debarred, Suspended and Inehgible Contracturs, in accordance with 44 C.F.R Part 17.
ARTICLEXV. Modification. Tnelime for perftmnanee ofthis Agreementnaay be extended once onless
the failure of Subgrantee to close out the projec~ is caused by evonls beyond its control. A medflScafion extending the
time for completion of*he projec~ and any other modificudan shall be in writing, and shall toke effect only upon
execution by both parties. Medffinudons to an), Project Worksheet to be funded under this Agreement may be
requested by 8ubgruntee through Grantee, bet the spprov~l of any such mod/flea, ions shall reside in the sole discretion
of the Federal Emergency Management Agency. Any approved modification m a Project Worksheet shall be noted m
mn additional l~ojeet Worhaheet version for the project. If otherwise allowed under this Agreement, any extension
shall be in wfiliug and shall be subject to the same terms and cond/tions as *h¢se set out in the initial Agreement.
ARTICLE XWI. Time for Performance. Time shall be of the essence of this Agreement and of*he
performance of all conditions under it. S ubj eot to any modification extandmg the time fin- the pcr*hrmunce of this
Agreemunt approved by Grantee or the Federal Emergency Manage~nent Agency, the time for*he performance of
m~aergency work shall be six (6) months from the date of the Pres/dentist Declaration. The time for the performance of
permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the
S,m~m~ry of Documentation and the supporting documents identified in Arhcle VI of this Agreement shall be
subm/tted to the Gruntee not later than sixty (60) days after the extension date of the la~[ modification extending the
Agreement. Subgrantee shall submit*he completed Project Listing te Grantee not later than thh'ty (30) days from the
completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency,
whichever is later. The lime for the perfomtance of this Agreement may be extended fur cause by Grantee.
Extunalons shall not be approved for delays caused by leek of cost-share fundthg. If any extension reqeest is darned,
S ubgrantee shall be runnbursed for eli~ble prejeet coStS incurred up to the latest approved date for completion.
Failure to complete any project will be adequate cause for ~ha rotation of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee ountracts with any other conl~aetor or vendor
performance of all or any portion of the wofl¢ required under this Ago'cement, the'Sch~antee shall manrpomte into
con, act with such contractor or vendor an hidemnlficat/un clause holding Grantee and Subgrantee harm/ess fram
habil/ty to thkd parties for chinas asserted undar such con, eot.
ARTICLE XVIII. Termination. Either of the parties may tern~xato this Agreement by notice in writing
delivesed to the address specified in Article XXV ofthla A~'eement. Such termination shall take effect dfirty (30)
days after*he dam of such notice. Such mmfination shall not affect*he rights, interests, dudes or responsibilities of
either of the parties or any allowable costs *hat have accrued as of the date of the notice oftornnnatian.
ARTICLE XIX. Liabilitw. Grantee assumes no liability to third parties in connection with this Agreement.
Unless *he Subgrantee is a governmental entity anvered by § 768.28(5), Fla. Stat., the Subgrantoe shall be solely
responsible to any and ail oon~aetors, vendors, and other parties with whom it contracts in performing ~ Agreement.
Unless the Sub~m'antoe/s o governmental entity within the meshing of the preceding sentence, Subgrantee shall
indeaxmffy Grantee from claims aesestod by to third parties in connection with *he performance of th/s Agreement,
6
holding Grantee ~Lud Subgrantee harmlass from the same. Aisc:
A. For the pm'pose of this Agre~menL the Grantee and Subgraniea agree that neither one i.~ an ensployec or
agunt of the other, but that each eno stands as an [udependent contractor in reia~en to the other.
B. Notking in this A_greement shall be eonslxued as a waiver by Cwa.~ce or Subgrantee of any legal
ira~qunity, nm' shall enythiug in tkis A~eement be conaxued as consent by either oftl~ pa~des to be sued by third
pavfias th coonectien with uny mater arising from thc perfon-nuncc of this Agreement.
C. Subgrentee r~presents thai to thc best ofits knowledge any hazardous sub~taneas at iis project site er sites
are prasent in quanfi'des with~ smtatery and regulatory limitations, and do not reqen~ remedial action under any
federal, state er local legal rcquir~xnunts concm~ng such substances. Subgrantee further represents that the presence
of any such substance or uny condition at thc site caused by the presence of any such substance shall be addressed m
accordance with all applicable legal requirements.
ARTICLE XX. Reports. Sub~antee shall pro,de Quarterly P. eperts to Grantee, on the Quarterly Report
Form cunformmg to thc sample attached as Attachment E. Thc first Quarterly Keport shall be due at such me as
Subgrzmtec is nofffied. All subsequent Quert~ly Keperts shall be duc no later than fifteen (15) days afl~ each
calendar quazt~threngh final inspeclien. Quarterly RepoVcs shall indicate thc anticipated completion date for each
project, '~ogcth~r with any other ~ircun~tances that may a_ffect thc compl~lion date, the scope of work, the project
cost~, er any other factors that may affect compliance with this Agreement. Interim mspectiens shall bc scheduled by
Subgxenice b~ere the final inspection, and may bc required b~ Grantee based an information supplied m the Quarterly
P~-perLs. Grantee may requffe addflional reports as needed, und Subgrantce shall provide an~ axidifional repons
req usstod by Cxrentee as soon as pract[¢shlc. With respect m the Kequest for Advanes or R~mbursement, thc
Summary of Docomenmiion, und the Quarterly Reports, the contact for Granres will be the State Public Assistance
officer.
ARTICLE XXI. Standard Conditions. Sub~anme agrees to the following conditions:
A. The pefformano~ and obligation of Gruntee to pay under this Agre~mant ~ cenungen~ upon an annual
apprOlmafion by the Legislature and the disbursan~n~ to Granme of federal funding m azcerdanea with § 252.37(4),
Fla. Stat.
B. Bills for fees or other compensation for servieas or expenses must be submitted in dO~li sufficxent for a
proper pre-andit and post-andit.
C. Grantee may terminate this Agre~nant for ~efusal by the Subgranme and its cen~xaaters and
subcontractors to allow public inspection of uny re~urds subject re thc d/sulusure rcquxrements m § 119.07 (1),
Stat., that arc made er received by Subgruntec or irs centras~ozs and subconuacxers m connection with this Agre~m~m.
Substantial e~Adence of nencomplienea by Subgrantee or its cen~zacu3rs and sobcon~aemrs with these r~mrentanrs
shall cen~titute thc nenpe~ffcrrm~n e~ of a condition under this Agreexnenx, und shali bc adequam cause for x~rmmation.
D. Schgl~mtea agr~as that no funds disbursed to it under this Agre~manx will bc used for the purpose of
lobbying the Legislature or any of its m~mb~rs, any employee of the State of Florida, any M~nber of Congress, any
officer or ~mploy~e of Congress, or any amployee of a Member of Congress, in connection with th~ Agreement or any
modifications to this Agreement.
E. Subgnmtee oeCd_ties that it possesses ~hc legal authority to rccexvc the funds.
F. Subgruntee agrees tha¢rosponsibihty for oon-eplmnc~ with this Agx. ee~znt rests with Subgrunme, and
further agrees that noncomphanea with this Agreamunt shall bc cause for tho ~es~ssion, suspe~sien or mrm~ation
funding under tlfis Agrceununt, end may affect eligibility for funding under future Sub~antee Agreements.
ARTICLE xxn. Term. '/his Agmeraent shall take effect upon its execution by both paruas, and shall
terminate upon approval of closceut by thc Federal Pancrgenoy Management Agency, unless terrn~uated earlier as
specified elsewhere m this Agreament. Subgrantee shali commence project(s) specified by this Agreemem without
7
delay.
AKTICLE XXI~. Events o£Default, Remedies, and Termination.
A. Upon the occurrence of any one or more of the following evenla, all obligations of Grantee to disburse
further fund~ under this Agreement shall terminate at the option of Grantee. Notwithslandmg the preceding semenee,
Grantee nmy at ks option continue to make payments or portions ofpaymems after the occurrence of any one or more
such events withou~ waiving the fight to exercise such remedies mad without incurring liabthty for further payment
Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence
of uny one or more of the follow/rig:
1. Any representation by Subgrunten in Ih/* Agreement is inaccurate or incomplete in any materis/
mepect, or Subgruntee has breached any anndit/un of this Agreement or uny previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Subgruntee suffers any materiel adverse change in its fmuncSel condition wh~le th~s Am:cement is
in effect as compared to its financial condition as represented in any reports or other documents submitted-to Grantee,
if Subgrentee has not cured the condition wSihin thirty (30) days m2er notice in wfiting fi:em Grantee;
3. Any reports required by this Agreement have not been submitted to Crmnt en or have been
submitted wi~ inaccurate, incomplete, or mdequnte information; or,
4. The monies neceasary th fund tlfis Agreement are unavailable due to any fa/lure to uplXepfiate or
other action ur inaction by the Congress, Leg/slatore, Office of the Comptroller or Office of Managemen~ and Budget.
B. Upon the occurrence of uny one or more &the foregoing events~ Gruntee may at/ts option give notice in
writing to Subgrantee to cure its failure of performance ff such failure may be cured. Upon the failure of Subgrantee
to cure, Grantee may exercise any one or more &the following remedies:
1. Ternunate this Agreement upon not less than fifteen (15) days notice of such termination by
certified lettes ia tho Subgrantee at the add,ass specified in Amcle XXV ofih/s Agreemem, such notice to take effect
when del/vered ia Subgrantee;
2. Commence a legal action for the judicial erdemement of this Agreement;
3. Withhold the dishoraement of any payment or uny portion cfa pafmem otherwise due und
payable under this agreement or any other agreement with Subgrantee; and,
4. Take any other remedial actions that may otherwise be available under law.
C. Grantee may terminate this Agreement for any rmarepeesenlatian of materiel fa~t, for failore or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requffemem.
D. Any deobligation of fonds or other determination by the Federal Emergency Management Agency shall
be addressed in accurdmce with the regulations of that Agency.
E. Upon the rescission, suspension or raw, inchon of this Agreement, the Subgrantee ~ refund to Gruntee
all funds disbursed to Subgranten under this Agroemunt
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudieation of fights, miare~s, or duties of the p/riles to it shall lie in Leon County, Slate of Florida.
G. Notwithstanding anything to the contrary elsewhere in th/s Agreement, the rescission, suspension or
termination of this Agreement by Gruntee shall not relieve Subgrantee of Iiabihty to Grantee for the restitution of
fimds advanced to S ubgrantec under ~ Agreement, and Grantee may set off any anoh funds by withholding future
disborsement8 othervase due Subgranten under th/s Agreement or any other Agreement until such time as the exact
amount of restitution due Grunte~ fi:om Subgramee is determined. In the event the Federal Emergency Management
Agunoy should deobligate funds fomaerly allowed under this Agreemunt or under uny other Agreement funded by the
Agency and lttlmiu~tered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the
Subgrantee fails to repay any anch funds, then Grantee may recover the same/rom funding oihem4*e due Subgrantes.
ARTICLE X~[i~z, Attachments.
A. All attachments to this Agreement are incorporated thto rids Agreement by reference as ff set eu~ fully/n
the text of the Agreenaent itself.
B. in the evanl of any inconsistencies between the language of this Agreemant and the Attacbanents m it, the
language of the Attachments shall be controlJdng, but only To the exUmt of such inconsistencies.
C. Th/s Ag~oenaant has the following attashments:
i. Attachment A "Request for Advance"
2. Attachment B "S,m~mery ofProjectod Bxpenditams"
2. A~taohmant C "Request for Keimbursement"
2. Attachment D "Surmmry of Dooumantation of Expanses Claimed"
3. A'aaetxnent E "Quarterly Report Form"
4. Attachment F "Subgrentee Annual Budget Projec~un Form"
Note: All other grant ac[mi~igO:ative and elec~run/c forms w/il beprov/ded by Grantee as necessary
or posted on the DEM website: www.llorid~a.erg.
ARTICLE XXV. Nbtice and Contact. All notices under this Agreement shall be/n writing and shall be
dehvered by Intem~ by td~ffaosimile, by hand, or by certified letter to the following respective addresses.
FOR Ti~E GRANTEE:
W. Craig Fugato, Director
Division of Em~rgancy Manageanant
Deper~nant of Commullity A_flairs
2555 Shum.rd Oak Blvd
Tallahas~ee, Florida 32399-2100
FOR THE SUBGRANTEE:
ARTICLE XXVI. Designafiun ofA~ant. Subgrantee hereby designates.
as ~s ~m~'y agunt, and designates as its alternate agan~ to execute any Request
for Advance or Reimbu~ement, certification, or other necessary documantation.
IN VvTrNESS BI3REOF, the Grantee md Subgramee have executed this Agreement:
FOR TI~ GlkiN'I'EE:
DP. PAKTMEqqT OF COIVlMLrNiTY AFFAll~,
Stat~ of Florida, By:
FOR TI:IJ~ SUBGRANTEE:
(Subgrantee)
W. Craig Fugate, Director
Division of Emergency Managan~mt
(Name)
(Title)
(Date)
Federal Employer Identification Number (FEIN)
(Date)
Pabho Assistance Pro ~rarn
Program
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACH2vtENT A
Request for Advance for Public Assistance F~nds
SUB GRA.NTEE NAME:
ADDRESS:
DISASTER NO:
DCA AGREEMErNT NO: F~S NO:
COMtv~NTS:
TOTAL CURRENT REQUEST $
SUBGKANTEE SIGNATURE:
AND TITLE: DATE:
10
FLORIDA DMSION OF EMERGENCY MANAGEMENT
ATTACHIVlENT B
S(21q~,I)ULE OF PROJECTED EXPENDITURES FOR ELIGIBLE DISASTER WORK (SOPE~
Date:
FiPS#:
Subgrantee:
D saster¢:
Project Worksheet [PW'~#:
Page Subtotal
Current Advance Request (A~ Pages)
Total PW Amount
11
FLORIDA DMSION OF EMERGENCY MANAGEMENT
A_TTACI~/I]gN~ C
Request for Reimbursement ~3r Public Assistance l~unds
SUBGILA34'TEE NAME:
ADDP~SS:
DISASTER NO:
DCA AGREEM;ENT NO: FIPS NO:
COMMENTS:
· TOTAL CURRL:rNT REQUEST $
SLrBG1LAi~EE SIGNATURE:
NAME AND TITLE: DATE: ·
12
FLORIDA DMSION OF EMERGENCY NLA~AGEMENT
ATTAC]H[M~NT D
SU1ViMAR¥ OF DOCUMENTATION OF AMOUNT CLALMED FOR ELIGIBLE DISASTER WORK (SOD)
Date: FIPS#:
Subgrantee:
Disaster¢: Project Worksheet (PW)#(s)L
Page Subtotal
Current Expenditure Request (All Pages)
Total PW Amounts for all Approved Versions
Over or Under Run (Final SOD Only)
13
CITY OF SEBASTIAN, FLORIDA
AGENDA TRANSMITTAL
Subject: Resolution No. R-04-49
Authorizing City Manager to Execute DCA
Disaster Relief Funding Agreement for
Hurricane Jeanne and approving use of General
Fund Emergency Reserve to finance the 5%
matcii for expenses incurred as a result of
hurricane Jeanne
A~pro get
Agenda No. Oq, Z~
DeparUnent Origin: Office of the City Manager
and Finance Department
Finance Director:
City Attorney:
City Clerk:
Date Submitted: November 1, 2004
~For Agenda off November 17, 2004
Exhibits:
Resolution No. R-04-49
· Letter of Transmittal from Department of Community Affairs
· Disaster Relief Funding Agreement for Hurricane Jeanne
t~E~rI~D: NTUR~/A NA3/I/AOUNT BUDGETED: APPROPRIATION
REQUIRED: N/A
SUMMARY
The City received the FEMA and State of Florida Disaster Relief Funding Agreement on
October 29, 2004 pursuant to the City's request for reimbursement for damages received as a
result of Hurricane Jeanne. The City Attorney has reviewed the contract and finds no
exceptions.
Resolution No. R-04-49 authorizes the City Manager to execute the contract as the Primary
Agent for the City.
The Disaster Relief Funding Agreement provides for 90% reimbursement from FEMA, 5%
reimbursement fi:om the State, pending budget authority approval from the State Legislature,
and a 5% match from the City of Sebastian. City has $350,000 set aside in the General Fund
Emergency Reserve.
RECOMMENDED ACTION
Move to adopt Resolution No. R-04-49 authorizing the City Manger to execute the State
of Florida Department of Community Affairs Disaster Relief Funding Agreement for
hurricane Jeanne and approve use of General Fund Emergency Reserve to finance the 5% ~
match for expenses incurred as a result of hurricane Jeanne.
RESOLUTION NO. R-04-49
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA~ AUTHORIZING TFIE CITY MANAGER TO EXECUTE THE STATE
OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF
FUNDING AGREEMENT FOR HURRICANE JEANNE; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
I4_EREWITIt; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in accordance with City Charter Section 3.04 (g) by direction of the
Council, the City Manager may sign ali contracts, bonds, debentures, fi:anchises and official
documents on behalf of the City; and
WI~F. REAS, the Disaster Relief Funding Agreements for Federal and State assistance for
Hurricane Jeanne have been submitted to the City for execution.
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. Authorization: The City CounCil hereby authorizes the City Manager to
execute the State of Florida Department of Community Affairs Disaster Relief Funding
Agreement for hurricane Jeanne.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 3. This Resolution shall become effective immediately upon adoption.
It was moved for adoption by Councilmember
The motion was seconded by Councilmember
put to a vote, the vote was as follows:
and, upon being
Mayor Nathan B. McCollum
Vice-mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
Councilmember Lisanne Monier
The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of
November 2004.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nathan B. McCoilum
ATTEST:
Sally A. Maio, CMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
R/ch Stringer, City Attorney
DEPARTMENT
JEB BUSH
STATE OF FLORIDA
OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
THADDEUS L. COHEN, AIA
SecmtaP/
October 29, 2004
MEMORANDUM
TO:
VIA:
FROM:
SUBJECT:
All Sub-grar~tees for Public Assistance Disaster Relief Funding
Frank J. Koutnik
Deputy State Coordinating Officer for Recovery
Del Streid
State Public Assistance Officer
Disaster Relief Fundinq Aqreement
Enolosed is the original Disaster Relief Funding Agreements for Federal and State assistance for Hurricane
Jeanne FEMA-1561 -DR-FL The funding agreement will provide funds for eligible disaster relief activities specifically
described in approved Projeot Worksheets (PWs).
Please pdnt or type the name and title of the authorized agent with the address where the State is
to submit official notices and payments under the Agreement (page 9, Paragraph 25).'The authorized agent
(also referred to as the Pdmary Agent} is the person responsible for signing all official documentation sent
to us (request for payment, fime 'extension requests, certification of Project Listings, etc.) and ensuring
documentation is available for Final Inspection and audit.
Signature Authority: The person signing the Agreement should be the chief executive official for
your organization: Mayor for cities and towns; Chairman of the Board of County Commissioners for
counties; Chief Executive Officer of private nonprofit organizations; Agency Head or Secretary of State
Departments. Please submit documentation verifying signature authority for all others. Documentation
statn~' delega~on of authority should be one of the appropriate examples listed below:
255~ SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
internet address: http://www,dca.state.fi.us
CRITICAL STATE CONCERN RELD OFFICE
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
MEMORANDUM
October, 2004
Page Two
For counties, a board resolution or meeting minutes confirming the signature authority.
For cities, a city commission resolution, meeting minutes, or a copy of the page(s) from the
city charter authorizing the signature.
For private nonprofit organizations, a copy of the page from your charter specifying the
position authorized to sign contracts, a board resolution or meeting minutes authorizing
signature.
For state agencies delegation of authority signed by the Secretary or Agency Head.
The State of Florida Public Assistance Office is managing the current disasters in Orlando, Florida at the
Disaster Field Office. Please forward the completed Agreement for Jeanne FEMA-1561-DR-FL excluding all
attachments to:
Disaster Field Office
100 Sunport Lane
Sunport Center
Odando, Florida 32809
ATTN: Del Streid, Public Assistance
Should you have any questions, please feet free to contact Gary Freerksen, Deputy State Public Assistance
at (407) 858-2817 or by email: can/.freerksen~dca state.fi.us.
DS/
Enclosures
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreeraent No, 05-PA-E=-1041-02-609
CSFANo. 52600308; CFDANo. 97.036
Subgrantee: Sebas~an, City Of
]~[PS No, 061-64825-00
This Agrec~ment is between the State of Flor~da~ Department of Community Affairs (heremaftor referrad to
as the "Gzuntoe") and, the undersigned State Agency or political subdivision of the State or private nonprofit
organization (heremal~er roferred to as the "Subgranten"). This Agreement is based on the existence of the
following fasts and oandifions:
A. WHEREAS, Hunicene Jeanne beginning September 26, 2004, and thereafter, had a devastating impact
upon the State of Finrida. The severity of the daanage and loesas resulted in a proclamation of emergency by the
Governor in Executive Order 04-217. In consequence of the Event, the President of the United Siatas on
September 26, 2004, declared Major Disaster No. FEMA-DR-1561-FL in Breverd, Ci~:us, Charlotte, Collier,
DeSoto, Glades, Hardee, Hendry, I-Iemundo, Highlands, Hillsberungit, Indian River, La/ce, Lee, Levy, Manatee,
Marion, Mm IvlienU-D~de, Okee~oben, Orange, Osceola, Palm Beash, Pasco, Pthellas, Polk, Sarasota,
seminole, St. Lucia, Sumtor end addifianal counties that may be identified later in the State of Fire-ids_ As a result,
the Public Assistance Program was made available to eligible applicants in these Declared counties; and,
B. WHEREAS, a FBIvIA-Stato A~enmont between the State of Florida and the Federal Emergency
Management Agency govemthg the use of such funds requires the State to share the costs eligible for federal
fmancisi assistance, md the State has undertalcen to share those costs, as apprc~prlated, with its Subgrantoes; and,
C. WHEREAS, tho Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the servicgs identified herein and agrees to comply with ali the requirements of this Agreement; and,
D. WHEREAS, the Cn'antee receives these grant funds from the State of Florida and the federal
government, and has tho authority, under Section 252.373, Fla. Stat. to disburse these funds th the Sabgruntous upon
the terms and conditions hereinafrer sat forth; and,
E.. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and anthmity for this event. Under the' Emergency Management A~t, as amended, the Department
has authority to administer federal financial assistance from the Federal Emergency Managemant Agency
ocr, sequent to a presidential dealarstion of disaster.
NOW, THEREFORE, the Grantee md Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the folloWing:
ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following
meanings un[ess another meamug is specified elsewhere:
A. "Eligible activities" are those aztivities authorized in the FElVlA-State Agreement. and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as mended, 42 U.S.C. § 5121-5201;
44 C.F.R. Pan 206; and applicable policies of the Federal Emergency Management Agency.
B. "FBMA-Stete Agreement" is the agreement dated September 26, 2004, between the Federal Emergency
Munager~nt Agency and the State of Florida, for the Major Disaster No. FEMA-I561-DR-FL.
ARTICLE II. ApI~licable Law. The parties agree to all the conditions, obligations, and duties imposed by
thc FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregomg, the requirements of 44 C.F.R. Pert* 13 and 206, and the policies of the Federal
Emergency Management Agency.
ARTICLE ~I. Funding and Insm'anco. C-marco shall provide fonds to the Subgramee for eligible
activities for the projeote approved by thc Granico and tho Federal Emargenoy Management Agency, as specified in
tho approved Project Worksheets. Allowable costs shall be determmed as per 44 C.F.K. Parts I3 and 206, which shill
be ninety (90) percent of all eligible costs.
A. The approved Project Woricshcots shall be ~ransznitted to Subgramee, and shall state the aumulmve
fending allowed, the scope of the eligible project, and the costs ehgiblc under this Agreement. Project Worksheets
may obligate or denbhgate funding, thereby amanding the total funding for the project. Tho approved Project
Workshcots shall document the total ehgible costs and the total fedgml share ofthoco costs, which shill ba ninety (90)
percent of all eligible costs, unless a higher percentage is approved. Cun~ingent upon ,-m appropriation by the Florida
Legislatare, the Gramec may provide somoporlion of any nonfederal share for local government. Subgrantees. As a
condition of receipt of the federal funding; the Subgrantse agrees to provide any nonfcdasal share not paid by the
Grantee.
B. As a condition to funding ander th/s Agreement, the Subgrante¢ agrees that the Grantee may withhold
funds otherwise payable to Subgrantco fi.om any disbursement to Grantee upon a deternmaatiun by Grantee or Federal
Emgrgency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantco pursuant
~o this Agreement or any other funding agreement sdmi~/stered by Grantee.
C. As a fia-~er condition to funding under this Agreement, the Subgrantec agrees to procm'e thsuronc~
sufficient for the type or types of'hazards for which the disaster was declaxed to cover any and all project* m be funded
under this Agreement where insurance is available and ree~onable. Subgrantee shall provide Grantee with a ce~ficate
of such insurance as a condition to funding onder this Agreement.
ARTICLE IV. Duplication of Benefits'Prohibition Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgronto~ receive any other duplicate benefits under
~ Agreement
A. Subgramco shall without delay advise Grantco of any msuranae coverage for the damage identified on the
applicable Project Worksliects and of any enticement to compmsation or indemrdficafion fi.om such insurance.
Subgrantco shall reimburse Grantee without delay for any daplicato benefits Subgrantee may receive fi.om any other
source for any damage idontLfied on the applicable Project Worksheets for which Subgrantee has received payment
from Gzan~e, to the extent of any such duplication.
B. hi the event that Grantee should determine that S ubgrantee has received duplicate benefits, by itc
executon o£this Agreement the Subgrontee gives Grantee ortho Chief F/mmcial Officer-Dapar~ment of Finonalal
Services of the State of Florida the authority to set affthe sum of any such duplicate benefits by withholding it fi.om
any other funds otherwise due and owing to Subgrantee.
ARTICLE ¥. Complianee with Environmental, Planning and Permitting Laws. S ubgrantco shall be
responsible for the implementation and oemple~ion of tho approved projects described in the Project Worksheets in a
rammer acceptable to Grantee, and in accordance with applicable legal requ/roments. The con, tact doauments for any
project undertaken by Subgrantee, and any/and use perantted by or engaged in by Subgrantee, shall be consistent with
the local government Comprehensive Plan. Subgrantee shall emure that ally development ~r development order
complies with all applicable planmng, pormi~mg and buildingroqu/remonts. Subgrantco shall engage such competent
enginaarmg, building, and other technical and professional assistance at all project sites as may be needed to ensure
that the project complies with the contract documentg.
ARTICLE VI. Required Documentation, ReMews. and Inspections. Subgrantee shall create and
2
maintain documentation of wo~k performed end costa incurred on each project iden~dfxed in a Project V~ork~hect
sufl~cient to permit a fom3al audit comp erliug with ordinary, customary and prudent public acc o unliug requirements.
Upo~ the failure of Subgrantcc to create and maintain such documentation, Grantee may t~rmmate further funding
under this Agreement, and Subgzantee shallreimburse to Grantee all payments disbursed earlier to S ubgzan~ee,
together with any and ali accrued interest.
A. S ubgrentoe shall submit the following doanmentation fez L,qzg~ Projects (the Small ProJ eot threshold for
this declaration is $54,100).
1. A Kequast fez R~imborsement conforming to the sample attached to this Agreement as
Attachment C.
2. A Summary of Documentation Fern cenf°rmmg to the sempl~ attached to this Agreement as
Attachmen~ D, which shall be supported by original documents such as contrao~ documents, invoices, purchase orders,
dkange orders and the like;
3. A request for Kual inspection;
4. A signed Project Completion and Cm~ification Kepc~ upon the completion of all projects; and
5. The Project Completion and Certifieatiun Report specified by Paragraph B of this Article.
B. For all projects, Subgrantem shall state on the "Project Completion and Certification Report" that all work
was performed in accordance with this Agreement and the requirements in each Project Workshee~ and shall state the
date of completion.
C. Gratli~e will inspect Small Projects by randura selection, and will conduct the final inspections en Large
Proj cots, to ensore that all werk has been performed within the scope of work specified o~ the Project Worksheets.
Costs not within the approved scope of work shall not be r~imburasd.
ARTICLE VII. Cost Sharing. The federal share of the eligible costs specified in the Project Worksl,eets
under ~ Agreement shall be mety (90) percent of such costs, unless a hitcher percentage is approved, of such costs
and the nonfederal shore shall be the remaimug amoont. Payment of all or a specified portinn of the nonfederal share
of suck costs is eonlLug~nt upon a potential future State aPproprmtion defining thc apporllomnent of the nonfederal
share. Adm~nisttative costs in addi~iun to the Project Worksheets that are otherwise eligible under 44 C.F.P,. Part 206
and do not require matebiug funds may aisc be funded by FEMA.
ARTICLE VIII~ payment of Costs. Grantee shall disbuttse the eligibl~ ensts to Subgrantoe in accordance
with the following procedures.
A. Grant~ shall disburse the federal and nonfederal shere~ of the eligible costs fur Small Projects m
Subgrantoe as soon as prasticable aftcr execution of thi~ Agreemen~ and formal notification by the Federal Emergency
Management Agency of its approval of the pertinent Project Workaheet
B. Grenme shall rMmborse Subgrantee for the fedmml and nonfederal sh~s cf the eligible costs for Large
Projects as soon as practicable atfer Subgrantoe has delivered the following documents to G-mutce:
1. A Keque~t for Reimbursement Farm oanfonning to the sampte attached to ~ Agreement as
Attachments C;
2. A Sumraary of Documentation Form oonfom~ing to the sample attacAed to this Agreement as
Attachment D which shall be supported by original docun~ents such as cenlzact documents, invoices, purchase orders,
change orders and the like and is also available at www.flotidapa.org.', and,
3, A letter or notification certifying that the reported costs were incurred in the performance of
eligible work
C. Grantee may advance funds under this Agreement to Subgranten not exceeding thc federal share if
Subgrant~e meets thc £oltowing anndifinns:
1. Sub~m'antoe ~all certify to Grantee that Subgranten h~s procedure* m place to ensure that funds
are disbursed to project vondom, c~ntractors, and subcontractors without unnecessary delay;
2. Subgruntce shall submit to Grantee the budget supportthg the request;
3. Subgmutee shall submit a state~nont justifying the advonoe and the proposed use of the fimds, and
specify~ug the amount of funds requested;
4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected
Expenditures Fom~s conforming to the samples attached to this Agreement as Attachments A and B and is also
available at www.floridapa.org.; and,
5. Subgrontee shall pay over to Grantee any interest e-mod on advances for remittance to the
Federal Emergency Management Agency as ot~en as practicable, and m any event not later than ten ( t 0) business days
after the close of each calandar quarter. ' '
D. Subgrantoe may make impro¥~raents to the project fac/liB, th conjunctian with its restoration of the
thalli~y to its pm-disaster condition in accordance with 44 C.F.R, Part 206 with the prior written approval o£ Gruntee~
E. In any case in which Subgrantee certffie* to Grantee m writing that the restoration of a damaged public
facility to its predisaster condition is not in the beat interest of thc public, Sub~:antec may request Grantee and the
Federal Emergency Management Agancy to approve an alternate project in accordance with 44 C.F.K. Part 206 before
the oonnnencemen~ of any work.
F. Grantee may, in ds dism'etion, withhold im portion of the non/ederal share of funding under th~
Agreement fi:em Subgrontoe/f Grantee has reason to expect a subsequent unfavorable dctem~nafion by the Federal
Emergency Management Agency that a previous disbursement of funds under ~ Agreemant was improper.
ARTICLE 132 Final Payment. Grantee shall disburse the final payment to S ubgrantee upon the
performance of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantse ~hall ~]ave submitted the documemation specified in Articles VI and VIII of tths Agreement;
C. In the case of Large Projects, the Grantee shall have performed the final inspection;
D. Irt the case of Smnll Projects, the Project Listing and Certification shat/have been reviewed by Grant~, or
Grantee shal/have performed a final inspection; and,
E. Subgrunten shall have requested final rein~bursament
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
performance of al/other cond(tions shall be subject to the following req uirm~ents, in addition to such other and further
requrremants a~ may be imposed by operation of law:
A. The 'gJniform Adminis~:atiYe Requirements for Grants and Cooperative Agrenments to State and Local
Governments," as codified in 44 C.F.R. Part 13, as amended;
4
B. Office of Menagement and Budget Ckanlar No. A-87, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circaler No. A-110, "Uniform Adm{ni~trative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,"
as mxzended; and
D. Office of Management and Budget Circulax No. A-122, "Cost Prmsiples for NcmProfit Organizations,"
as aracnded.
E. Subgrantee will maintain ali documentation concerning the projects funded under this Agreement until the
occurrence of the following events, whichever is the later:
I. The con~pletiun of final inspection and final audit, and the final resolution of any issues identified
2. The expiration of three (3) years from the date of disaster closeout under this Agreement.
F. Subgrantee shall make ali documentation eoncermng the projects funded under this Agreement available
and accessible to the Comptroller General of the Un/ted States, the Grantee, md the Federal Emergency Managen~nt
Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official hehdays.
ARTICLE XI. Reimbursement of Funds. If upon final inspection, fmai audit, or other review by Grantee,
the Federal Emergency Management Agency or other authoffiy determines that the disbursements to Subgranten under
this Agreement exceed the eligible costs, Subgranlee shall reimburse to Grantee the sons by which the total
disbursements exceed the eligible ensts withiu forty-five (45) days from the date Subgrantee is notified of such
determination.
ARTICLE xn. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified P ubhc Aocoantant if i~s tolat expenditures of federal financial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrentee will conduct the audit in accordance with the following requirements:
1. The standards established by thc Comptroller General of the United States, as specified in thc
General Accounting Office Standards for Audit of Governmental Orgenizations, Programs, Activities and Functions;
2. The standards established by the Americam Institute of Certified Public Acenantants;
3. The requirements of § 11.42, Fla. Stat., and the Rules of the Auditor General;
4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. §§
7501-7507, to the extent here apphoable; and,
5. Office of Management and Budget Circular No. A-133, as amended, to the extent hero applicable.
B. The audit shall be idenlffied by the serial annlraot identifica~inn number for this Agreement. If the
Subgrantee is a private nonprofit organization, it shell submit an orgeniantion-wide audit.
C. The audit shall be due not law fhan 8even (7) months aider the Close of thc fiscal yeer for Subgrantee
except where Grantee and Subgrantoo have mutually agreed upon another date.
D. Subgraniee shall conduct such additional audits as Grantee or the Federal Emergency Management
Agency my determine necessary to dctemune the adequacy, accuracy, and relia 'Nlity of the internal procedures
S ubgrantee has in place to protect its assets and to ansure compliance with this kgreemant.
E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed
costs identified in an audit after such cinseout.
ARTICLE XIII. Noncompliance. If the Subgraotee violates this Agreement or any legislation, regulation,
statute, mia or other legal req uirernant apphcablo to the performance of this Agreement, the Grantee may withhold any
disbursomsat otherwise duo Subgrantoe for tho projca with respect to winch the violation has occurred until the
violation is cured or has otherwise come to final msolutiun. If the violation is not cured, Grantee may temunate this
Agreement and invoke its remedies under the Agreement as per Articles XVII/and XXIE o£this Agreement.
ARTICLE XIV. Nondiscrimination by Contractors, Subgrantee shall tmdertalce an active program of
nondiscrimination in its administration of thsaster assistance under this Agreenlant, as per 44 C.F.R. Parts 7 and 16,
and 44 C.F.R Part 206. Subgrantee shall also be subject to the requiremants in the General Scrvisee Administrative
Consol/dated List o£Debarred, Suspended and Inehgibie Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification. The dine for performance of this Agreement may be extended once unless
the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the
time for completion of the project and any other modification shall be in vaitmg, and shall tske effect only upon
execution By both parties. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by S ubgrantee through Grantee, but the approval of say such modifications shall reside in the sole discretion
of the Federal Emergancy Management Agency. Any approved modification to a Project Worksheet shall be noted in
an additional Project Worksheet versinn for the proje~ If otherwise allowed ander this Agreement, any extension
shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement.
ARTICLE XVI. Time for Perfomance. Tgne shall be of the essence of this Agreement and of the
performance o~all conditions under it. Subjectto any modLqcation oxtendingthe time for thepcrformanee ofthis
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performmce of
emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of
permanent work shall be alghtean (18) months from the date ortho Presidential Dealmmtiun. For Large Projects the
Summary of Documantation and the supporting documents idantkfiod in Articla VI ofth/s Agreomant shall be
submitted to the Grantee not later than sixty (60) days a/~er the oxtensinn date of the last modLqcatiun extending the
Agreement. Subgrantee shall submit the completed Projo~ Listing to Grantee not later than th/try (30) days from the
completion of ali work, or the approval o£tho Fins/Inspechon by the Federal Emergency Management Agency,
whichever is later. The time for tho performance of th/s Agrcemant may be extended for cause by Grantee.
Extansions shall not be approved for delays caused b~ lack of cost-share funding. If any extension request is denied,
S abgrantee shall be reknbursed for eligible project costs incurred up to the latest apprev6d date for completion.
Fat[mc to canxplcte any project will be adequate cause for thc tormmatian of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for performance of all or any pm't/on of tho work required under this Agreement, the Subgtmatee shall incorporate into
its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantce harmless from
liability to third parties for claims asserted under such contract.
ARTICLE XXfllI. Termination. Either o£the parties may terminate thL~ Agreement by notice in writing
delivered to the address specffied in Arfinle XXV of this Agrcemant. Such termination shall tske effect thirty (30)
days after the date of such notice. Such termination shall not affect the rights, himrests, duties er reaponalb/l/ties of
either of the pat~ies ur any allowable costs that have acurued as of the date of the notice of termination.
ARTICLE XIX. Liability. Grantee assomes no iiabfiity to th/rd parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by § 768.28(5), F~la. Stat., the Subgrantee shall be solely
reapons/ble to say and all contractors, vendors, sad other par~es with whom it contracts/n performingthis Agreement.
Unless the Subgrantce is a govsaamontal entity within the meani~5 of the preceding ssatenoe, Subgrantee shall
indemnify Grantee from clamis asserted by to third pax~des in connection with the performance of this Agreement,
holding Gren~e~ and Subgramtee harmless from the same. Also~
A. For the porpos~ of this Agreemgnt' th~ Grantee and Sub~antee agree that ndithcr one is an e~nployee or
ag~nZ of the other, but that eaoh on~ stands as an independent ¢on~zacter in relal~on to the other.
B. NothJ_ng in this Agreem~n~ shall b~ construed as a waiver by Grantee or Subgrantee of any legal
~rnunity, nor ,~hal~ anything in this Agreement be oamslzued as annsen: by either ofth~ parties te be sued by third
parties in eunnection with any matter arising from tho p~rformarme of this Agrenment
C. Subgrantee represents that to the best ofi~s knowledge any hazardous substances at its project site or sites
are present in qtmui/ties within statutory amd regulatory limitations, and do not require remedial antion ander any
fedor~ state or local legal requirements camcern~ such substanees. Subgrantee further represems that the presenoe
of amy suoh substance or any aamditiam at the site caused by the presence of any such substance shall be addressed in
aoamrdanee with all applicable legal requirensents.
ARTICLE XX. Reports, Subgnmtee shall provide Querteriy Keports to Grantee, on tho Quanefly Keport
Form eenformmg to ~e sample a~tached as Attachment E. The fir~ Quarterly Repor~ shall be due at such tiane as
Subgrantee is notified. All subsequem Qaarterly Keperts ~all be due no later than f~eam (15) days aRer eeeh
oale~dar qtm~ter through final inspeot~am. Qum~orly Reports ~allindicate the amfieipated completion date for each
project, together w~th any other ekeorastancas that may affect the eomple~on date, the soope of wor~ the project
costs, er amy other factors that may affent compliance with tins Agr~mant Interim inspections ~all be scheduled by
Subgranteo before the final inspection, amd may be required by Grantee based on information supplied in the Quarterly
Reports. Grantee may requke additional reper~ as needed, ~nd Subgrantee shall provide amy additional reports
requested by Gramtee as soon as prae~ioable. With respect te the Kequast for Advance or Rsimbarsement, the
Summary of Documamtatiun, amd the Quarterly Reports, the anntact for Grantee will be the State Public Assistance
artiest.
ARTICLE XXL Standard Conditions. Subgramtee agrees to the following conditions:
A; The performance and obligation of Grantee to pay ande~ this Agreement is anntingant upen am manual
appropriation by the Legislature and the disbursement to Gramtee of federal funding in a~amrdance with § 252.37(4),
Fla. Stat.
B. Bills for fees or other compensa~on for s~cas or expensas must be submitted in dcta~ sufficient for a
proper pre-andit amd post-audit.
C. G~antee may terminate this Agreement for refasal by the Subgrantee and its contractors and
subcon~aetors to allow publin fi~spectiam of any records subject to the diselosore reqairemamts in § 119.070), Fla.
Stat., that are made or received by Subgramtee or its contractors and subcon~ractom In annneetiam with tl~s Agreement,
Substantial evidenee ofnonammplianee by Subgrantee or its oamlmctors and subcomractors with these requkements
slmll constitute the nonperformance of a condition under this Agreement' and ~all be adequate eanse for temmatiam.
D. Subgrantee a~rees that no funfis disburasd te it under this Agreement will be used fez the purpose of
lobbying th~ Leg~siatum or any of its members, any employee of the State of Florida, amy Member of Congreas, any
offioer er empinyee of Congress, or any employee of a Member of Congress, in coameetiam with this Agreement or any
mod~iea~on~ to this Agreement.
E. Sub grantee cert~fias thst iZ possessas the legal anthosity te receive the fand~.
F. S ubgrantee agreas that responsibility for eomplianee with this Agreement rests w~h Subgramee, and
fro'thor agrees that nam~ompliance with this Agreement sh~ be cause for the resoission~ suspension or terra,arian of
funding under this Agreement' and may affect eligib~ty for funding under futase Subgrantee Agrean~ents.
ARTICLE XXII. Term. Th~s Agreement shag take effect upon its execution by both pa~es, and shall
mrminate upon al~:OVal of oloseout by the Federal Emergency Management Agency, unless terminated earlier us
~peeii~ed eisewhare i~ this ~4~eemant. Subgmntee shall eommunee pro~ect(s) speefi~ed by this Agreement without
delay.
7
ARTICLE XXIII. Events of Default~ Remedies, and Termination.
A. Upon the occurrence of uny one or more of the following events, all obligations of Grantee to disburse
furdier funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence,
Oruntoe may at its option continue ~o make payments or portions of payments after the occurrence of uny one or more
such events without waiving the right to exercise such remedies and without mcerring liability for further payment.
Gruntee may at its option terminate this Agreement und uny und all funding under this Agreement upon the occurrence
of any one or more of the following:
1. Any representation by Subgruntue in this Agreement is inaccurate or incornplcte m uny material
respeet~ or S ubgr,'mtee has breached any condition of this Agreement or uny premous agreement with Grantee und has
nol cured in thneiy fash/on, or is unable or unwilling to meet its obhgations under this Agreement;
2. Subgruntec suffers any material adverse change in its 5m~cial condition while this Agrecunant is
in effect, as compared to its finuncial condition as represented m uny reports or other documents submitted to Grantee,
if Subgrantue has not cured the condition within thir[y (30) days after- notice m writing from Gruntee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with imaceurate, incomplete, or inadequate kdormation; or,
4. The moni~ necessary to fund flzis Agreement are unavailable due to uny failure to appropriate or
other aotinn or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
B. Upon the occurrence of uny one or more of the foregoing events, Gruntce may at its option ~ve notice
writing to Subgrentee to cure its failure ofperformunce if such failure may be cured. Upon the faiinre o f S ubgruntee
to cure, Grantee may exercise uny one or more of the following remedies:
1. Terminate this Agreement upon not less thun fifteen (15) days notice of such termination by
certified letter to the Subgruntee at tho address specified in Am/cie XXV of this Agreement, such notice to take effect
when dellv~d to Subgrantsc;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement o£ uny payment or uny portion of a payment otherwise due and
payable under tMs agreement or uny other agreement with Subgrautee; und,
4. Take uny other remedial actions that may otherwise be available under law.
C. Grent~e may terminate this Agreement for any mismprespntation of material fact, for failure or non-
pec-formn~ ce of any Agreement condition or obligation, or for noncompliance with ,'my applicable legal requirement.
D. Any deebligation of funds or other' determination by the Federal Emergency Management Agency shall
be addressed m accordance with the reguletiuns of that Agency.
B. Upon the rescission, suspension or tennmation ofth/s Agreement, the 8ubgruntee shall refund to Gruntee
all fund* disbursed to Subgrantee under this Agreem¢nt
F. The venue of uny action or proceeding by either Grantee or Subgruntee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Flosida.
G. Notwitimtunding unything to the contrary elsewhere in this Agreement, the resciasio~ suspension or
tcammmtion of this Agreement by Grantee shall not relieve Subgrontee of liability to Grantee for the restitution of
funds advunced to Subgrantee under this Agreement, and Grantse may set off any such fonds by withholding future
disbursements otherwm¢ due Subgruntoe under this Agreement or uny other Agreement until such t/me as the exact
amount of restitution due Grantee from Sabgruntee is deternnned. In the event the Federal Emergency Munagement
Agency should deobligate fund* formerly allowed under ~his Agreement or under uny other Agreement funded by the
Agency and administered by Gr'untee, then Subgruntee shall immediately repay such fend* to Grantee. If the
Subgrantee fails m repay uny such funds, then Gruntee may recover the same from funding otherwise due S ubgruntee.
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement ~e incorporatod into this Agreement by r~fereno~ as ff s~t out fully m
the text of the Agreement
B. In the event of any inoonsistencias between the language of fi~is Agreement and the A~aehments to it, the
language of the Attachments shat[ be oo~:oRing, but orfly to the extom of such fiaconsi~-noies.
C. Tiffs Agr}ement has the followiug attachments:
1. Attachment A "Request for Advance"
2. Attaol~nent B "Summary of Projected E~cpanditures"
2. Attachment C "Request for Reimbassemonf'
2. A~taolmaem D "Summary of Documentation of Expenses Cla~med"
3. Altaekrnent E "Quarterly Report Fon~"
4. A~,~chment F "S ubgran~ee Annual Budget Projection Form"
Note: All other gram administrative and elemrenic forms wiE be provided by Gran~ee as necessary
or posted on the DEM website: www.floridan~.om
ARTICLE XXV. Notice and Contact. All no~ices under this Agreement shall be in wrFdng and shall be
del~¥ased by tnternot, by tale£acsimile, by hand, or by certified letter to the following respective addras~es.
FOR 'fl~ GRANTEE:
W. Craig Fugate, Director
Division of Emergoney Manag~men~
Department of Commonit~ Affairs
2555 Sb,mmrd Oak Bled
Tatlahassee, Flor~a 32399-2100
FOR 'I'H~ SUBGRANTEE:
ARTICLE XXVI, Designation ofA~ent. Subgrantee hereby dasi~a~as
as its pmnary agent, and dasigoatos as its alternate agent, to execute an) Request
for Advanc~ or Rei.mbassemont, cerfi~cafion, or omar ne~esser~ documuntafion.
IN ~vI'I'flESS I~REOF, the Gr~utee and Subgrantoe have executed ~ Agreement:
FOR TH~ GRANTEE:
DEPAKTME~XW OF COMMUNITY AFFAJRS.
State of Florida, By:
FOR '1'1-1~ SUBGRANTEE:
(Subgrante~)
W. C~atg Fugatc, Director
Division of Emergency M~magemem
(Name)
(Title)
(Date)
Federal Employer Identification Number (FEIN)
(Date)
Public Assi~tan~ Program
Program
FLORIDA_ DMSION OF EMERGENCY MANAGEMENT
ATTACleIMENT A
Request for Advance for Public Assistance Fnmds
SUBGRANTEE NAME:
ADDRESS:
DISASTER NO:
DCA AGREEMENT NO: FIPS NO:
PW
PW # CATEGORY % COMPLETE ELIGIBLE pREVIOUS
ANfOUNT PAYMENTS CUR/I~NT REQUEST
COMMENTS:
TOTAL CURRENT REQUEST $
SUB G/LkNTEE SIGNATURE:
NAME AND TITLE: DATE:
10
FLORH)A DMSION OF EMERGENCY MANAGEMENT
ATTACItlVIENT B
SCHEDULE OF PROJECTED EXPENDITURES FOR ELIGIBLE DISASTER WORK (SOPE)
Date:
Subgrantee:
Disaster:
FIPS#:
Project Worksheet (PW)#:.
Page Subtotal
Current Advance Request (All Pages)
Total PW Amount
11
FLORIDA DMSION OF EMERGENCY MANAGEMENT
ATTAC}ll~I]gNT C
Requem~ for Reimbursement for Public Assistance Funds
SUB GRANTEE NAME:
ADDRESS:
DISASTER NO:
DCA AGREEMENT NO: FIPS NO:
PW
PW # CATBG OItY % COMPLETE ELIGIBIJ~ PREVIOUS
AMOrJNT PASqViENTS CURRENT itlBQUEST
COMMENTS:
TOTAL CURRENT REQUEST $
SUEGRANTEE SIGNATURE:
NAME AND TITLE:
DATE:
12
FLORIDA DMSION OF EMERGENCY MANAGEMENT
ATTAC]II~INT D
SUIVIIVIAR¥ OF DOCUM~NTATIOM OF AiVIOUNT CLAI1VIED FOR ELIGIBLE DISASTER V~ORK {SOD)
Date:
Subgrantee:
Disaster~:
FIPS~:
Project Worksheet (PW)~(s):.
Page Subtotal
Current Expenditure Request (All Pages)
Total PW Amounts for all Approved Versions
Over or Under Run (Final SOD OnlF)
13
HOME OI~ P[LI~ ISLAhlD
CITY OF SEBAST/AN
AGENDA TRANSM/TTAL
Subject: Resolution No. R-04-50
100% Federal Disaster Relief for
Hurricanes Frances and Jeanne
Exhibits: Resolution R-04-50
Department Origin: City Manager
Purchasing/Contracting:
Finance Director:
City Attorney: '~_._
City Clerk:
Date Submitted: 11/19/04
ForAgenda of: 11/24/04
EXPENDITURE REQUIRED: ~--~T BUDGETED:
QRO~RIATION
SUMMARy
The proposed Resolution No. R-04-50 authorizes the City Council to petition the
Governor of the State of Florida declaring the City's eligibility for one hundred percent
(100%) reimbursement of disaster related expenses for both hurricanes Frances and
Jeanne.
_RECOMMENDED ACTION
Move to adopt Resolution No. R-04-50 authorizing the City to petition the governor of
the State of Florida and to declare the City's eligibility for one hundred percent (100%)
reimbursement of disaster related expenses for both hurricanes Frances and Jeanne.
RESOLUTION NO. R-04-50
RESOLUTION OF THE CITY OF SEBASTIAN REQUESTING
ONE HUNDRED PERCENT (100%) FEDERAL DISASTER
RELIEF FOR HURRICANES FRANCES AND JEANNE;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the Cky of Sebastian strffered catastrophic losses due to the direct impact of
Hurricanes Frances and Jeanne; and
WHEREAS, Hturicm~es Frances and Jeaxme were officially recognized and declared disasters by
the local, state, and federal government agencies having appropriate legal anthor/ty to do so; and
WHEREAS, direct impact of two hurricanes on a single community within a period &three
weeks is historically unprecedented; and
WHEREAS, the ability to mainlmn the present tax base has been j eopardized as a result of the
two combined disasters; and
WHEREAS, the fiscal and economic recovery of the City of Sebastian will be of a long duration;
and
WHEREAS, the magnitudes of two combined disasters has seriously jeopardized the ability to
meet local disaster obhgations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN CITY THAT:
Section 1. AUTHORIZATION. The City Cougcfl herebypetitions the Governor of the State of
FI. orida~o ,declare the City of Sebastian ehgible for one hundred percent (100%) reimbursement of
disaster rel_ated expenses for both hurricanes.
Section 2. The Cmmcil further requests the Governor to petition the United States
govermnent to also to declare the City of Sebastian eligible for one hundred percent (100%)
reimbursement of disaster related expenses for both hurricanes.
Section 3.
hereby repealed.
CONFLICTS. All resolutions or parts of resolutions in cmffiict herewith are
N:\terrence documsnts~RESOLUTlON-lO0% Jeanne and Frances.doc
Section 4.
adoption.
EFFECTIVE DATE. This resolution shall take effect immediately upon its
A motion to adopt the foregoing Resolution was made by Coancih~ember
· The motion was seconded by Counci/member
upon being pm to a vote, the vote was as follows:
and,
Mayor Nathan B. McCollum
Vice-Mayor Joseph Barczyk
Councilmember Ray Comglio
Councilmember Mike Heptinstall
Coanci/member Lisanne Monier
The Mayor thereupon declared this Resolution duly passed and adopted this _
2004.
_ day of
CITY OF SEBASTIAN, FLORIDA
By:
Nathan B. McColltnn, Mayor
Approved as to form and content for rehance by
the City of Sebastian only:
ATTEST:
Rich Stringer, City Attorney
Sally Maio, CMC
City Clerk
N:~terrence documents~RESOLUTlON.lO0% Jeanne and Frances. doc'
CITY OF SEBASTIAN
AGENDA TRANSMITI'AL
Subject: Resolution No. R-04-51
Restore America Grant Program
~~y: City Manager
AgendaNo. 0/~. ZZI
Department Origin: City Manager
Purchasing/Contracting:
Finance Director:
City Attorney: iC
City Clerk: ~
Date Submitted: 11/19/04
For Agenda of: 11/24/04
Exhibits: Resolution R-04-51
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
REQUIRED:
SUMMARY
The proposed Resolution No. R-04-51 authorizes the City Manager to apply for
funding from the Restore America Grant Program from the National Trust for Historic
Preservation and Home and Garden Television, which will establish partnership to
help finance improvement efforts to benefit structures located in either Sebastian
Historic District East and/or Sebastian Historic District West.
RECOMMENDED ACTION
Move to adopt Resolution No. R-04-51 authorizing the City Manager to apply for
funding from the Restore America Grant Program from the National Trust for Historic
Preservation and Home and Garden Television.
RESOLUTION NO. R~04-51
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO
APPLY FOR FUNDING FROM THE RESTORE AMERICA GRANT
PROGRAM FROM THE NATIONAL TRUST FOR HISTORIC
PRESERVATION AND HOME AND GARDEN TELEVISION;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City of Sebastian is interested in implementing projects and programs in
an effort to administer goals and objectives as directed by the City of' Sebastian Historic District
East and Sebastian Historic District West; and
WHEREAS, the Mayor and City Council desire respective improvements to be imtiated
via pos/five mtergovcm~raental relations and support administration in initiating necessary dialogue
and parmerships to ach/eve results; and
WHEREAS, the Mayor and City Council of the City of Sebastian wish to anthorize the
City Manager to apply for funding f~om the Restore America Crrant Program to estabhsh
parmerships to help finance improvements efforts to benefits structures located in either Sebastian
Historic District East and/or Sebastian Historic District West.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. AUTHORIZATION. The Mayor and City Council of the City of
Sebastian hereby authorize the City Manager m apply for funding from the Restore America Grant
Program from the National Trust for Historic Preservation and Home and Garden Television.
.Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send
copies of this Resolution to the National Trust for Historic Preservation and other persons as
directed by the Mayor and City Council.
Section 3.
herewith are hereby repealed.
Section 4. EFFECTIVE DATE.
mUnediately upon its adoption.
A motion to adopt the foregoing Resolution was made by Cmmcilmember
· The motion was seconded by Councllmember
and, upon being putto a vote, the vote was as follows:
CONFLICTS. Ali resolutions or parts of resolutions in conflict
This resolution shall take effect
Mayor Nathan B. McCollum
Vice Mayor Joseph Barczyk
Councilmember Ray Coniglio
Councilmember Mike Hepfinstall ·
Councilmember Lisarme Monier
day of
The Mayor ~ereupon declared this Resolution dtdy passed and adopted this
,2004.
CITY OF SEBASTIAN, FLOR/DA
ATTEST:
By: _
Nathan B. McCollum, Mayor
Sally Maio, CMC
· City Clerk
Approved as to form and conteni for
rehance by the City of Sebaman only:.
Ridx Stnnger, City Attorney
NATIONAL TRUST
RESTORE AMERICA
Grant Guidelines
Restore America: A Salute to Preservation is a partnership b~weon the Nadonal Trust for. Historic Preservation and
Home & Garden Tele~isinn (HGTV). Since 2003, Restore America has provided 24 grants to National Trus.t Save
America's Treasures sites across America that highlight the work of ~afion at landmark properties. HGTV has told
the story of these sites through on-air and ondine content.
In 2005 Re~tore America: A Salute to Preservation will focus on the revital/zation of places where people live, through
grants for residential projects, Nonprofit organizations and public agencies are invited to apply for grants. Approximately
6 to 12 grants will be awarded for projects such as rehabilitation of single family residence~ or ,d~ptive use of historic
buildings for housing, creation of upper-floor apam-nents in Main Saeet communities, or restomtien of Save America's
Treasures sites that continue to have a res/denfial use.
Re*tore America seeks to create awareness of the importance of preserving America's historic places for furze generations.
Reeo~ni~ng that every historic place has a story to tell, the National Trust and HGTV invite applicants to tell the story of
their site's role in the commanhy throughout its history. The compelling story shonkl include how the site was used, who
u~:l it, how it is used now, and who will live in it in the future. Re~tore America also wants to know about the people leading
~ revitalization effort and how those le~lers became involved in preservatior~
Grants am intended to furthe~ the restoration or rehabilitation of a historic slranture for residential use. Grant~ may be used
for professional services fees or Ixicks and mortar construction expenses. Project~ will be considered in light of
Secretary of the Interior's Standards for Treatment of Historic Properties.
Grants will range up to $100,000. Approximately six (6) to twelve (12) grants will be awarded.
Grant reaplents will be required to give permission to videotape the property under restoration for use on HGTV and
HGTV. enm and their affiliated television and print outlets, pursuant to an approla/ate location ~m. HGTV anticipates
creating media salutos to tell the story of the sites.
Grant recipients will publicly acknowledge the support of the National Trust and HGTV.
Enthies eligible to .apply for grants am 50 l(c) (3) and other nonprofit
org~mizafiomq and public agencies. Applicants that have received
previous Nafiomal Trust financial assistance are Migible provided
that all grant.requirements am current.
Pmp~ies g~-rally ~ould be ar least 50 ye. am old and eifl~r cummtly
in me as a m~idecce or mixed nsc including r~ideaces ~ will be upon
cemplelion ofthepmjec[ Although historic d~a~nis'not
~ lkqing in the Na6coal Regis~, stem mgis~, local la~m~
d~gustion o~ lecafion in a designated historic district Ls ~
Examples oieliglblc projects include single family homes 0r resi-
denc~ that remg frqm adaptive use of slractur~ whose ohginal
use was industrial, commercial or govmental, such as schools
adapted for senior housing, factories adapt~t as artists, lofts, or
upper floor aparl~a~lts created out of retail e~tablishments.
~an wc~ at any stage will be considered. At a minimum,
plum must he in place for wark to begin as e~rly as Februat-y 2005.
The project must be compla~l or have achieved sabsmn~ progress
by Juan 2006.
Grant recipien ~s ag~e to a progress inspection and a_ final h'kqpec-
tiou m ensure the proj~t's compliance with the requirements of
the grant program.
The grants will be paid in two inslallments with 50% paid following
the prog~ss inspection and 50% upon successful compledon of the
grant teams.
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Waive competitive bidding process Agenda No. O~. Z,7..Z / ~ ,
to purchase bleachers that will replace~ ,,~/,. (~) ~/r~
bleachers damaged during hurricanes Department Origin:,~ { ~//
Purchasing/Contracting:/ ~.,~
Finance Director: ~_ ~
: ~~City Manager City Attorney:
~;~: November 9, 2004
For Agenda of: November 17, 2004
Exhibits: Price Quote from Southern Park & Play Systems and St. Johns County Catalog
Term Bid # 03-43
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
$18,492.00 $3,434.00 REQUIRED:
FEMA 90% 14,265.00
STATE 5% 793.00
SUMMARY
Eighteen bleachers the City owns were damaged or destroyed during Hurricanes Frances and
Jeanne. We need to replace 18 - 15 fL four row aluminum bleachers as soon as possible because
the football and soccer league games are currently being held and baseball will start soon. FEMA
will reimburse the City for these 18 bleachers. We have already budgeted money for three
bleachers in the 2004 - 05 budget. Staffhas obtained three price quotes for 21 - 15 R. four row
aluminum bleachers with the Iow quote using pricing from St. Johns County, Fl. Catalog Term
Bid # 03-43. Southern Park and Play Systems from Melbourne, Florida was the low quote at
$18,492.00. This price includes a 5% discount offthe catalog price.
RECOMMENDED ACTION
Move to waive the competitive bidding process and purchase 21 - 15ft. four row aluminum
bleachers fi'om Southern Park and Play Systems of Melbourne, Florida with pricing from St..
Johns County, Fl. Catalog Term Bid # 03-43 for $18i492.00.
09/28/2004 09:>.8 22172983S? SOUTHERN PARK PA(E Bi
10/27/2004 Bi: 49 5E15895570 CITY [~: SEI~STI/~N P~E 02
~TY OF 8gI~d~TIAN PURC.~A~G..
W~g~ OUO~ ~0~
~620~ sn~ ~s2~ss .......
Lbourne, ~lo=~a 32901
TI'H8 SgCTIOIi' MU~T Bg COMPI,KTE'D IN I~LL ARDI~I*GNgD
F0tR ROW ALUMINUM BLEACHERS WITH NO FENOE
Prnmes - ~00~ All ~elde~ a!~ aluminum angle
Sea b Planks - 100% anodized alumina, ribbed
nO ~lip zurfae~ with minimum
walI thickness of 00~5 in. "
End Cap~ - Safety end =apb on all pIanks wight I
no sharp
PLE ~SR NOT~ ANY BTU 0R STATE CO~RA~
ON 'OUR PRICE QUOTES. ,
ALL 0UOTEs SHOULD INCL~E FReigHT CHARGes FO~
DELi ~Y TO SEBASTIAN, FLORIDA ]2958
** LEASE ~ QUOTE BACK TO (772) 388-4402 or
(7?2) S89'6209 **
~ ET, ~-kns C~
"e~,c ~ ~3r~em~T~. Pl~y3ro~ ]~r~ ~¥~enr" ~1S.~LLO BLVD.
MELBOURN~ FL ~01
~xi ';r~Tt~ I-,3 l- o~ (321) ~97~ F~ (821) 72~57
1-800-247-1545
res;g T'
FROM:CONTRACT CDNNECTION
5515895570
1904E49~177 TO: 1 ?-d3589~8~ P. i
~ITY (1~ SER~STIAN ~
[BYm 2_~ ~,1
~.o~m~,~ ('~7'2) 388-{40I ,,
~t~ O~:~ober 2~,, 2004
~TY OF S~I~
T
0
WF~TTEN OUOTE ~
Ar~ N~C~ING A QUg~ ~OM YOU O~TfI~ ~T~
rlt~u~v ~ ~TIIt8 ~ITO~
FAX ~ '~ s ~ or S~A~
(77~) 388-4402 ~I;~tINO~PAn~M~
'lip
Connections Inc.
FOUR ROW ALUMINUM BLEACWERS WITH NO FENCE
~onetructio~.
seat Plan~e - 100% enodized aluminum, ribbed
no elip ~ur~ace wi~h minimum
wall ~hi~ness o~ O0~S ia.
~oot Plank~ -'100% mill ~iniah aluminum, ribbed
no skip ;urfac~.
no ahar~ edges.
~LEASE NOTE ANY BID OR STATE CONTRACT
Off YOU~ PRICE QUOTES.
ALL QUOTES SHOULD INCLUDE ~R~IGHT CHAR~ES FOR
DELIVERY TO SEBASTIAN, FLORIDA 32958
** PLEASE FAX QUOTE BAC~ TO (772)
388-4402
~U'l'l?. POf~J_
Dallas, TGxas 75234
ALUMINUM BLEACHERS ~4ITX
I
........ p
PLEA$~ NOT~, ANY ~TD 01~ ~TATE ~ONTWACT
ON YOU~ PRICE QUOT~S.
ALL OUU'I'~ SHOULD INCLUDE FREIghT
EO'd
ST. JOHNS COUNTY, FLORIDA
Board of County Commissioners
PURCHASING DEPARTMENT
Cheryl L. Alber~son
2740 INDUSTRY CENTER RD.
ST. AUGUSTINE, FLOR]DA 32084
PHONE: (904) 823-2547
FAX: (904) 823-2546
Southern Park and Play Systems, Inc.
Atto: Dale M. l-lasher
P.O. Box 120339
West Melbourne, FI, 32912-0339
February 10, 2003
Ref: Bid 03-43, Price Agreement for Playground/Park Bqtfipment
Dear Sir:
Enclosed is your copy of the fully executed agreement.
If you require further assistance, please contact me at (904). 823-2547. Thank you for doing business
with St. Johns County
Cheryl Albertson
Contract Coordinator
St. Johns County Purchasing
Southern Park and Play Systems, Inc.
3780 MINTON ROAD
MELBOURNE, FL 32904-9556
(407) 729-9700 FAX (407) 729-8357
1-81~-247-1545
ST. JOHNS COUNTY, FLORIDA
Board of County Commissioners
PURCHASING DEPARTMENT
Cheryl L. Albertson
2740 INDUSTRY CENTER RD.
ST. AUGUSTINE, FLORIDA 32084
PHONE: (904) 823-2547
FAX: (904) 823-2546
Southern Park and Play Systems, Inc.
Attn: Dale M. I-Iasner
P.O. Box 120339
West Melbourne, FL 32912-0339
January 22, 2003
Ref: Bid 03-43, Price Agre~maenr for Playground/Park Equipment
Dear Sir:
St Johns County advemsed for Price Agreement Proposals for playground/park equipment. These
proposals were received and evaluated. Price agreements will be established with all firms who
responded. The Board of County Commissioners approved this action on January 21, 2003. If
th/s is agreeable, please s~gn and return th/s letter agre~aent along with current 2003 catalog(s).
The firms invited to participate in the Pr/ce Agreement Program are: Play and Shade, Inc.;
Southern Park & Play System, Inc:; Plays~mcture Services; American Park and Play, Inc.;
Dominica Recreation Products, Inc.; Swarm Associates; Hunter Knepsheild Company; Kaplan
Comparfies; BEMCI Electhc, Inc.; Miracle Recreation Equipment Co./NolRD Associates; Contract
Connection Inc.; Bliss Products & Services, Inc.; M. Gay Constructors, Inc.; Musco Lighting,
LLC; Landscape Structures, Inc.; The Gerber Group; and Southern Recreation, Inc.. Incorporated
by reference are Bid No. 03-43 and your Price Agreement Proposal for playground/park equipment
submitted under Bid No. 03-43. The effective date of this agreement will be from 02-01-03
through 1-31-04_.
The intent of the Price Agreement Program is that the firms selected above will be the key
suppliers for playground/park equ/pment for St Jolms County for the term ofth/s agreement. The
County will purchase from an alternate supplier only if the needed equipment carmot be supplied
by one of the firms shown above. At the County's option, we will either send Purchase Orders
directly to the chosen supplier based on the established price schedules or competitively bid/quote
purchases, usually those of large value, soliciting b/ds/quotes only from the suppliers shown
above. The motivating factor in determining whether to bid/quote a specific purchase is the high
cost o£installation and potential savings ifa firm is able to schedule multiple installations in a
particular location and will reduce cost.
If you reqmre Iurmer assistance, please contact Cheryl Albertson, Contract Coordinator, at (904)
823-2547~-- ~
Bid No. 03-43
Please sign, date and return this letter agreement to indicate acceptance.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement, five (5) copies of which shall be deemed an original on the date
above wfiaen.
Owner
St. Johns County Board of
County Connmsmon~rs
(Typed Name)
Joe Burch, Purchasing Manager
Contractor/Vendor
SOUTHERN PARK AND PLAY
SYSTEMS, INC. Seal
(Typed Name)
Sig-namre
Dale M. Hasner, President
Printed Name & Title
Printed Name & Title
1/27/03
Date of Execution
Date of Execution
Cheryl Stricldand, Clerk of CouPs
Deputy Clerk
Date of Execu~t~/o'n~/~ffy-~
B1]) NO. 03-43
ST. JOHNS COUNTY, ~LORIDA
OFFICIAL TOTAL BID FORM
TO: THE BOARD OF COUNTY COMMISSIONERS
OF ST. JOHNS COUNTY, FLORIDA~ DATE:
· 2002
-BID PROPOSAL-
If awarded a contraeffPurc, hase Order on the basis of this proposal, the undersigned pledges to
provide the equipment as specified in the Bid Proposal and County Specifications barring delays
due to strikes, fires, transportation difficulties or other .causes beyond the control of the
undersigned.
The undersigned declares that the statements and representations made in this proposal are tree
in every respect and that the said proposal is in all respects fair and made without collusion or
fraud, and that no member of the County Board, or any other agent or employee of the County,
directly or indirectly, is interested in this proposal or in any profits expected to accrue therefrom.
The following proposal is presented:
FOR: PRICE AGREEMENT ]FOR THE PURCHASE OF pLAYGROUND/PARK
EQUIPMENT, AS PER ATTACHlgD SPECIFICATIONS OR APPROVED
EQUIVALENT:
VENDOR CATALOG
FIXED PERCENTAGE DISCOUNT:
VENDOR
DEL~RY V - ~ 0 DAYS ~0
'~ 10
-'mil
2. MANUFACTURER'S CATALOG
BID NO. 03-43
FIXED PERCENTAGE DISCOUNT:
DISCOUNT OFF LIST PRICE
DELIVERY. 7 to 60 DAYS ARO'F.O.B. DESTINATION
depend±rig on manufacturer and time of year shipped.
VE]'~DOR SOUTHERN PARK AND PLAY SYSTEMS~ INC.
3. INSTALLATION
FIXED PERCENTAGE OF COST (AFTER DISCOUNT)
OF EQUIPMENT %
FIX_ED PERCENTAGE OF WEIGHT SHIPPED OF
EQLrlI>MENT %
PR/CE REQUESTED AT TIMB TIlE PR/CE FOR
MATERIALS IS CONFIRM2ED IN Vr~.ITING
(PRICE PER JOB IN KNOWN MATERJ. ALS
YES NO
YES NO
9/YES NO
NOTE:
List vendor/manufacturer written factory certification that is being supplied with bid or within
three (3) days upon request.
(C£ rz I6r) Pzgeg * r>
4, ADDITIONAL INFORMATION
SHAPING C~iARGES:$ SEE BELOW
OTBF2
Due to variations J~ freight pricing (ie. class ~terial ships nnder, total weight
beng shipped, per hundred weight shipping rate, tailgate or i~side delivery, co.on
carrier, contract carrier, IrPs~ Fedex, etc.) it would be i~possible 'to provide
discount for freight from all of S~thez~ Park's ~m~nfacturers. T~erefore, Southern
CONTRACT EXTENSION AGREEM-E, NT ·
'FOR
BID NO. 03-43
.: ".' .TIqIS AGRBEMENT is made tkis I2 cla of
. ,~v u:~ l x, herema.fier called "OWN~ER'', and Southern Park aud Play Systems, Inc. herein~e~
called "CONTRACTOR".
WITNESSBTH: That for and in consideration oft_he payment ~md agreements hemln~fler mentioned:
1. The CONTRACTOR will co~,~eacc with providing ~,~,~.1 rcquircmcnm for
Phygromxd/Park .Equipment.
2. The 'CONTRACTOR agrees .m provide the item/service a~ described in the
CONTRACTDOCLrMF. NTS andcomplywiththepr/ceag~eements, Purchase Relc~e Orders will
bc i~aned to the CONTKACTOR.
D~,.,~,,3j~,,.~ ~Thc .CQ1VI~_ .CTOR will co--race s~a~ ss rcq~cd by ~e CO~R :,CT
~u~fl lb ve~m~g ~'ev~a~ I, 2004 md Con~t ~ t~i~ J~u~ 31, 2005~s
Con~c, may be cxtm~ ~ one (1) y~ ~crmmts for a m~m of fo~ (4) one ye~ re.wEs
~'b~get a~mpfiafi~ ~d 3) negofiat~ mc~es nor to ~ceed p~r 12 mon~ ~I ~d
~Cmmt ~t~ion is approved by ~e P~ch~g M~ag~ a~a ~, Dk~or ofP~ ~ ~ation
or ~ck dc~ecs.
,·
The tern CONTRACT "DOCUMENTS" means and includes the following:
(1) ADVEKTISF-2VIENT FOR BIDS AND INSTRUCTION TO BIDDBRS
(2) BID PROPOSAL - COUNTY BID FORM & ATTACHNIBNT A
; (3) BID SPECIFICATIONS & CONDITIONS
(4) CONTRACT AGI~-EEMBNT
(5) CONTRACTOR'S PROPOSAL DATED December 18, 2002
(5) ATTACI-IIVI~NTS
(6) ADD~N'DA 0, ~, AN~ 3)
(7) NOTIC~ OF AWAKD
{8) CONTRACTOR'S LETTER DATED
5. Tim Contract A~em~rnt shall be binding upon all parties hereto and their respective
heirs, c~ccmors, ad~,,~,tra~ors, successors and assigns,
~q WITNESS WHEP~0P, the parties hcroto have executed or caused to bc executed by their duly
authorized o~cials, this Agrccm~l, five (5) copies o/which ~MI be deemed ~ ofi~ on ~¢ date
Owner
St. Johns CountyBoard of
County Commissioners
Conn'actor
Seal D~.~ ,~'. ~¢¢.S~ Seal
Name)
(Typed Name)
Joe Butch, Purchasing Manager
Printed Name & Title
Signature
Printed Name & Title
J~a'a~d M, 2~04~
Date of Execution
CT-2
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Carpeting for Golf Course Agenda No. ~')~, ~ ~?~ C~
Clubhouse hallwaff/& Restaurant ~/ &o
/~ ~ ~urchasing/Contracting: ~
Finance Director: C/~ ~
~_ City Attorney: '~/] ~
e'T-~r r e n c e~l~ -~/oo/r e City Clerk: ~
Date Submitted: November g, 2004
For Agenda of: November 17, 2004
Exhibits: Quotes from Discount Carpet & Florida Floor Fashions
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
$10,336.70 $0 REQUIRED: $10,336.70
(Temporary loan from City of
Sebastian Emergency Fund)
SUMMARY
As a result of damage caused by hurricane Frances, and Jeanne, Capp Custom Builders, Inc. is
working toward completion of repairs of the Sebastian Golf Course Clubhouse, one of the "last
pieces of the p,,7~!e'~ will entail carpeting the clubhouse hallway and restaurant. Both areas, as a
result of extreme leakage fi.om the roof; had carpeting that was totally saturated and needed to be
immediately removed mainly due to health concerns. Only two carpet companies took the time to
quote on the project. Discount Carpet and Tile, Inc. quoted $10,336.70, while Florida Floor
Fashions, Inc. quoted $20,011.95. Other carpet companies were called, with each failing to
provide a quote due to the heavy influx of requests and work generated fiom hurricane related
damage. The total mount of carpeting needed for the clubhouse hallway and restaurant equates
to 572 yards and the carpet's thickness is 85 oz., which will result in a quality carpet capable of
enduring heavy traffic and golf shoes. The quotes also cover the labor for installation. The
replacement of the clubhouse hallway and restaurant carpeting will be elig~le for insurance
compensation.
RECOMMENDED ACTION
Move to approve emergency purchase of Sebastian Golf Course Clubhouse carpeting for the
hallway and restaurant fiom Discount Carpet & Tile, Inc. in the mount of $10,336.70, and
approve temporary loan fiom City of Sebastian Emergency Fund. ~
!0/16/2004 18:46 15617784634 HARKMILLER PAGE
iNVOiCE -
DISCOUNT CARPET & TILE, INC.
3106 North U.S. #1 · Vero BeaCh, FL 32960
(772) 778-4634
Fax (772) 778-4639
IflVoloe Su,~;~i;i',i~; To ~ Work To ~ ~ffor~d At
St~t City S~e_
City
S~te ~ Date of PI~s.
- . Archit~t
Tcl~hone Num~r ....
All m~al is gu~ed to be ns mp~eifi~d, a~ the above work to be p~fform~ in ~¢offiauce wi~ ~ ~aw~gs
and *~cificafious sabmi~ed for abow work and completed tn a substanti~l workman{like m~er for th~ sum
with ~ymeot~ ~ ~ ~& as f~lowa:
AOy al~ralio~ or deviation fm~ the above ~cificafions in~olv/0g ex~a cos~, will ~ ~rcuted o~y u~ ~iRen ~de~, a~d will
~me ~ cx~ charge ~er and a~v¢ file estimte. ~1 a~ements contingcnt upon accents
to c~ fi~e; ~m~o, ~ o~r necess~ insur~ce.
M~E: Tl~s in~oioe my be wiib~wn by us ff not ~cept~ with{n 30 d~ys.
ACCE~ANCE OF INVoIcE --
~c abov~ p~ce~, sp~if~ons a~d condi6ons ~ satisfamo~ ~d ~ hereby a~cpt~d. You
· ~cified. Paym~t wHl M ~, as outlin~ ahoy*.
A~ept~ Sign~ure
Dine Signature~
09/15/2004 05:33 FAX ??2 $$9 6824 FLORIDA FLOOR FASHIONS
P.O. Box ~000~
Wabesso, I-'L ~o~70
Phol~e 772-,~9- 4.994
Fax
Sebastian Goff Course
I0,I E. A~rport Drive
Sebastian, FI.
589.6801
D~te
Wednesday, SeptemOer 35, 2004
Description Size Quantity
Var] Dijk Hercules Nop heavy d~y
commercial carpet installect vie direct 13'Z"x 44'9" 559.$6
glus down in Clubhouse hallway.
Note - This pricir~ does not include
FFF taking up c,~rPet.
Price Amount
$5.16 $3,041,10
TOTAL
Thank you for the opportunity to quote your work.
Scott Cairns
09/21/2004 1t;45 FAX 772 $$9 $824 FLORIDA FLOOR FASHIONS ~002
P.O. Box 70~)~
Wa basso, FL 32~70
Date
Tuesday, September 2 L 2004
Desc~pt~on Size Quant/ty Pr/ce Amo~nt
Gurtco Slpeciaity Golf SOike ~esistant "--
carpet installed in Restaurant. ~,2 x 241'9" 2,901 $5.85 $16,970,85
TOTAL $16,g70,,~5
Thank you for the opportunity to quote your work,
Scoff Cairns
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Sebastian Cemetery Monuments
and Vases Repair and Reset Costs due to
Hurricane Frances and Jeanne
ZgeriCen ce
Exhibits:
A enda No. 0/4. ZZ5
Department Origin: _Finance
Finance Director: ~/~ --~
City Attorney: ~(r (-',~
City Clerk: _ ~
'lYal'e-'Submitted: November 3, 2004
For Agenda of: November 17, 2004
EXPENDITURE REQUIRED:
$10,175
T BUDGETED:
APPROPRIATION
REQUIRED: $10,175 from
Cemetery Trust Fund
Permanent Endowment Fund
SUMMARy
Hurricanes Frances and Jeanne left substantial damage to the City of Sebastian Cemetery. All the
damages are either covered by City's property insurance or are qualified for FEMA and State
reimbursement except the repair and reset work needed for the monuments and vases. Due to the
nature of maintenance work involved, city has contracted East Coast Cemetery and Monument
Supply Company to perform the work needed to get the operation back to normal as soon ~s possible
by issuing an emergency purchase order.
Pursuant to City Ordinance No. O-01-20, the proceeds (interest earnings) of the permanent
. ~d. owment fund shall be used'for the sole purpose of providing funding for the operation, Care and
maintenance of the cemetery. For the Fiscal Year ended September 30, 2004, the total interest earned
by the permanent endowment fund is $~0,257, which can be utilized for the repair and reset work
needed for the monuments and vases.
.RECOMMENDED ACTION
Move to approve the appropriation of $10,175 from City of Sebastian Cemetery Trust Fund
permanent endowment fund to fund the costs associated with the repair and reset work needed for the
monuments and vases at ' · .
the C~ty of Sebaslnan Cemetery due to Humcane Frances and Jeanne.
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Authorize expenditures for hurricane Agenda No. ~ D[p 0
damage to New City Hall, & Police Department. · -
' Department Origin: G.S.A.
Gen. Services Administrator: ~
Finance Director: _~.~ "7~._-~-~-
City Attorney:
~ Date Submitted: November 5, 2004
For Agenda of.' November 17, 2004
Exhibits: Hurricane Damage Log from Suffolk Construction
EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE:
REQUIRED: BUDGETED: $0 REQUIRED: $130,346 Insurance Reimbursement from
Not to exceed , FLC or FEMA reimbursement
$130,346 90%, State Reimbursement 5%,
balance from city's emergency
reserve.
SUMMARY
As recently reported, minor damage was sustained to the new city hall, and police station facilities during both
Hurricanes Frances and Jeanne. Suffolk Construction was therefore provided an emergency purchase order in the
mount of $20,000 to proceed with damage repair to the roof systems of these buildings, which is the limit the
City Manager may approve on an emergency basis in accordance with the City's Pumb~asing Ordinance.
As you can sec from the attached Hurricane Damage Log from Suffolk Construction, the total amount for all
damages is estimated at $130, 346. '
The Office of the City Manager, and the Department of Finance is cutre~y working to secure City property
damage insurance through the current insurance carrier as well as FEMA and State reimbursement.
Lt should be noted these expenditures are unrelated to the existing guaranteed maximum orice contract the t'i~,,
with Suffolk Construction. - ~"~
RECOMMENDED ACTION
Move to authorize expenditures for emergency repair sexvices by Suffolk Construction Co., not to exceed
$130,346, and appropriate $130,346 from city's emergency reserve fund to cover these expenses until
reimbursement can be realized from the City's Imtmmce Carrie or FEMA/State.
Message Page 1 of 2
Paul Wagner
From: Shai Francis
Sent: Friday, November 05, 2004 3:45 PM
To: Paul Wagner
Subject: FW: Hurricane Damage Tracking Spread Sheet
..... Original Message
From: Fish, Robert [mailto:rfish@suffolkconsl-ructkin.com]
Sent: Monday, November 01, 2004 6:57 AM
To: Debra A. Burke (email); Shai Frances (email)
~: Langford, Kurt
Subject= Hurricane Damage Tracking Spread Sheet
Below is the Hurricane Damage Tracking Spread Sheet I have prepared. The costs shown are all known to date
from the effects of Jean and Frances. Please let me know if you have any questions.
HURRICANE RELATED DAMAGE LOG
item DESCRIPTION SUB Amount
#
Damage to Fixtures ;omplete Electric !$ 7,502.88
Damage to Roof Tiles :~oof Authority ;$ 23,200.00
Labor for Hurricane Preparations/Protection 3CCI !$ 1,508.00
Damage to Glass, Store Front Doom and Hardware 3tuart Glass $ 1,160.00
Damage to DW ~,cousfi $ 1,392.00
Da.mage to Ceiling Tiles ~cousfi !$ 440.32
Replace DW & Insulation Room 123 at CH ~,cousti !$ 85.47
Replace damaged comer bead at roof landing ~,cousfi $ 149.57
Replace Damaged Ceiling Tile CH ~,cousfi ~$ 716.54
Repaint of Damage to DW. .ucas Waterproofing $ 2,900.00
Standing up of Trees ~atumland $ 1,740.00
~lold Remediation Sen/ices Bio Sciences $ 22,156.00
)amage to Roof Mounted A/C Equipment .~oastal Mechanical $ 51,887.96
.~arpet Damage vliles $ 3,480.00
3aver Washout - - 3obra :$ 7,502.88
:)amage to Architectural Foam Details Mlantic $ 464.00
-turdcane Cleanup 3CCl $ 1,160.00
)amage to Lightening Protection (roof) .~omplete Electric $ 2,900.00
Robert Fish *
Project Manager
Suffolk Construcfio]~C~ompany, Inc.
cell 561-~261-6787
Offc direct 561-282-3068
fax 561-832-6775
11/5/2004
TOTAL $130,345.63
AGENDA TRANSMITTAL
Subject: Collective Bargaining Agreement Agenda No. 0
between the City of Sebastian and the Central
Florida Police Benevolem Association lac. Depa .?ment Origin: Human Resource (_s~~f
I Purchasing/Contracting:
pprr '~ ~ ~ I Finance Director:
S u/b~i~/~y: ~ I City Attorney:
T~:g~C~ R~ ~/q~, City Manager
Date Submitted: November 9, 2004
For Agenda of: November 17, 2004
Exhibits: Proposed contract between the City of Sebastian and The PBA
EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION
REQUIRED: I REQUIRED:
SUMMARY
It is with great pleasure that I submit for your approval the collective bargaining agreement between
the City of Sebastian and the Central Florida Police Benevolent Association, Inc. Attached is the
contract in its entirety.
Please do not hesitate to call me if you have any questions or comments. I can be reached at 388-
8202.
RECOMMENDED ACTION
Move to approve the collective bargaining agreement between the City of Sebastian and the Central
Florida Police Banevolem Association, Inc., effective October 1, 2004 through September 30, 2007.
COLLECTIVE BARGAINING AGREEMENT
Between
HOM£ OF P£LICAN 15LAND
THE CITY OF SEBASTIAN, FLORIDA
And
COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.
Contract Term From:
October 1, 2004 tO September 30, 2007
TABLE OF CONTENTS
Paee No.
AGREEMENT ................................. 2 .......................................................................... 4
PREAMBLE ................................................................................................................ 4
CHAPTER I - RECOGNITION
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
1 Recognition ............................................................................................. 4
2 Organizational Survey ............................................................................. 5
3 No Strike or Lockout ............................................................................... 5
4 Non-Discrimination ................................................................................. 6
5 Dues Deductions ...................................................................................... 6
6 Equal Employment Opportunity/Affirmative Action ................................ 7
7 Labor Management Communications ....................................................... 8
8 P.B.A. Representation ................ ~ ............................................................. 8
9 Bulletin Board ......................................................................................... 8
10. Personnel Records ................................................................................... 9
11 Rights of Law Enforcement Officers While Under Investigation .............. 10
12 Legal Benefit ........................................................................................... 13
CHAPTER H - MANAGEMENT RIGHTS
Article 13 Management Rights ................................................................................. 14
Article 14 Discipline and Discharge ...................................................................... :.. 15
CHAPTER IH- RATES OF PAY
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Rates of Pay ............................................................................................. 15
Temporary Assignment ............................................................................ 16
Assignment Pay ................................................................................. 2.... 17
Injury Pay and Light Duty Assignments ................................................... 17
Call-Back Pay ....................................................................................... ... 18
On-Call Pay ............................................................................................. 18
Court Appearances .................................................................................. 18
Bereavement Leave ................................................................................. 19
Military Leave ......................................................................................... 19
Jury Duty ................................................................................................. 19
Voting Time/Political Activity ................................................................. 20
Longevity Pay ......................................................................................... 20
CHAPTER IV- HOURS OF WORK/OVERTIME
Article 27 Basic Workweek and Overtime ................................................................ 21
Article 28 Holidays .................................................................................................. 21
CItAPTER V - SENIORITY
Article 29 Seniority .................................................................................................. 22
P.B.A Contract October 1, 2004 to September 30, 2007
Article 30
Article 31
Article 32
Layoff' and Recall .................................................................................... 23
Promotional Examinations ....................................................................... 23
Probationary Personnel ............................................................................ 25
CHAPTER VI - LEAVES
Article 33
Article 34
Article 35
Article 36
Vacation Leave ........................................................................................ 25
Sick Leave ............................................................................................... 27
Personal Leave ....... } ................................................................................ 28
Leave of Absence .................................................................................... 29
CHAPTER VH - GRIEVANCE PROCEDURE
Article 37
Article 38
Article 39
Grievance Procedure ................................................................................ 29
Arbitration ............................................................................................... 31
Performance Rating Review .................................................................... 33
CIIAPTER vm- HEALTIt CARE
Article 40 Group Health Insurance ........................................................................... 33
CltAPTER IX - GENERAL
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
.Article 48
Clothing Maintenance, Equipment and Vehicles ...................................... 34
Tuition Payment Plan .............................................................................. 35
Health and Safety .................................................................................... 36
Tralning....~ .............................................................................................. 36
Off-Duty Employment ............................................................................ 36
Substance Abuse Testing ......................................................................... 36
Savings Clause ........................................................................................ 37
Duration of Agreement, Dates ...................................................... : .......... 38
SIGNATURE PAGE . 38
APPENDICES:
FY 2004 PAY RANGE ............ A1
FY 2005 PAY RANGE .......................................................................... A2
FY 2006 PAY KANGE ................................................................ A3
P.B.A Contract
October 1, 2004 to September 30, 2007
iii
Section 1.
Section 2.
Section 3.
AGREEMENT
This Collective Bargaining Agreemem ("Agreement") is entered into by and between the
City of Sebastian, Florida, ("City" or the "Employer"), and the Coastal Florida Police
Benevolent Association, Inc., ("P.B.A."). It is the intent and purpose of this Agreement to
assure sound and mutually beneficial working and economic relationships between the parties
hereto; to provide an orderly, prompt, and peaceful means of resolving disputes revolving
interpretation or apphcation of this Agreement; and to set forth herein basic and full
agreement between the parties concerning wages, hours, and terms and conditions of
employment.
Upon the effective date of this Agreement it shall supersede and supplant that certain
Agreement between the City and P.B.A: dated October 1, 2001 and any supplemental
agreements, thereto or thereunder.
Throughout this Agreement, masculine gender pronouns shall be read to include feminine
gender where appropriate.
PREAMBLE
Whereas, thc ~ and purpose of this Agreement is to maintain and further harmonious and
cooperativc labor management relations upon a constructive and sound foundation; and
Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the fights
and obligations of both parties, in order that the joint responsibilities of the public employer and public
employee to represent the public be fulfilled and the order and uninterrupted funffdons of governmem be
assured; and
Whereas, the City is engaged in fumish~g essential public services vital to thc health, safety,
protection, comfort, and general well-being of the public, and both parties hereto recognize the need for
colltimtous and reliable service to the public; and
Whereas, both the City and its employees have a high degree of responsibility to the public and
recognize the need for continuons and reliable service to the publie; and
Whereas, since both parties recognize this mutual responsib'flity, they have entered into this
Agreement as an instrument and means to penmt them to fulfill said responsibility;
Now therefore, in consideration of the premises and promises set forth herein and the benefits and
advantages aceming or expected to accrue to the parties hereto and those covered by this Agreement by
reason thereof, said parties hereby agree as follows:
ARTICLE 1
RECOGNITION
1.1:
P.B.A Contract
The City of Sebastian hereby recognizes the Coastal Florida Police Benevolent Association,
Inc., P.B.A. as the exclusive Bargaining Agent for purposes of collective bargaining with
respect to wages, hours and other terms and conditions of employment for all employees in3hff'~"X
Bargitining Unit.
October 1, 2004 to September 30, 2007 4
1.2:
1.3:
The Bargaining Unit for which this recognition is accorded is as defined in Certification
Number 1108 granted by the Public Employees Relations Commission on October 3, 1995,
comptised of all full-time permanent Pohce Officers and Police Sergeants of the City of
Sebastian. Excluded are Police Chief; Police Captain~, and Police Lieutenants, Reserve or
Auxiliary Police of all ranks, managerial, supervisory, or confidential and all other City
employees, as well as, any unclassified employees yet to exist, except those identified above.
The P.B.A. recognizes the City Manager or representative as the sole representative for the
purpose of collective barga~in~.
2.1:
2.2:
2.3:
ARTICLE 2
ORGANIZATIONAL SURVEY
The P.B.A. agrees that the City may conduct from time to time orgnniTatioaal climate surveys
of members of the bargaining trait. The purpose of such surveys is to improve the
o ~r~ani~tional culture and climate of the various work units and to assist mnnagement ia
providing a more positive work environment for employees.
Prior to and upon completion of survey activity, the City agrees to meet and confer with the
duly elected P.B.A. stewards to discuss survey content.
The surveys shall not include any reference to the P.B.A. organization or its representatives.
ARTICLE 3
NO STRIKE OR LOCK OUT
3.1:
Strike, as used in this agreement, ehall mean the concerted failure of employees to report for
duty; the concerted absence of employees from their positions; thc concerted stoppage of work
by employees; the concerted submission of resignatious of employees; the concerted
abstinence, in whole or in part, by any group of employees from the full and faithful
performance of their duties of employment with the Employer for the purpose of indncing,
influencing, condoning, or coercing a change in the tenm and conditions of employment or the
rights, privileges or obligatious of public employment, or participating in a deliberate and
concerted course of concluet which adversely affects the seawices of the Employer; the
concerted failure of employees to report to work afar expiration of a collective bargaining
agreement.
3.2:
The PBA recognizes that it and all acting in concert with it shall be liable to the penalties set
forth in Section 447.507~ Florida Statutes, in the event of a strike in violation of this Article.
3.3:
Members of the P.B.A. shall not engage in any walkout, strike, sit-down, or other interference
with or interruption of police services dining the term of this Agreement. The PBA recognizes
that strikes by public employees are prohi"oited by Article I, Section 6 of the Florida
Constitution and Section 447.505, Florida Statmes. The PBA agrees not to authorize, iusfi~e,
or otherwise support a strike, as defined in Section 1, above and to take all affirmative actions
legally available to prevent or termin~m any strike that occurs hi contravention of thi~
commitment,
~Con~aot
October 1, 2004 to September 30, 2007
5
3.4:
3.5:
The City agrees to accept and abide by all the terms and conditions of this Agreement and
agrees that during the term of this Agreement it will not lock out members of the Bargaini.g
Unit.
The City recognizes the right of the P.B.A. to engage in informational picketing as long as such
picketing is done in a lawful manner in accordance with Florida Sta~es. The P.B.A. agrees
that there will be no interference with the free and unrestricted right of any City employee to
enter and leave City property.
4.1:
4.2:
ARTICLE 4
NON-DISCRIMINATION
It is agreed that no employee shall be required as a condition of employment to join or refrain
from joining the P.B.A.
The City agrees it will not discriminate against, coerce, or intimidate any employee covered by
this Agreement because of membership or non-membership in the P.B.A.
ARTICLE 5
DUES DEDUCTION
5.1:
Any member of the bargaining unit covered by this Agreement may authorize a payroll
deduction for the pmp~e of paying Union dues. Such authorization shall become effective
only upon receipt by the City payroll section of a fully executed Dues Deduction Form (as
authorized) from any employee.
5.2:
The P.B.A. will initially not/fy the City as to the amount of dues. Such notification to the City
will be in writing and from an official of the P.B.A. Changes in Union membership dues will
similarly be certified to the City at least thirty 00) days prior to the effective date of that
change.
5.3:
Dues shall be deducted bi-weekly and thereafter shall be remitted monthly to the P.B.A. as it is
now renUtted and shall be accompanied by a list of those employee's names whoso dues are
included. Remittance of dues shall occur no later than five days folloWing the last payroll of
each month.
5.4:
The effective date for deducting dues Shall be the beginning of the pay period following the
date thc Dues Deduction Form is signed. The effective date for stopping dues deduction shall
be at the be~nning of thc pay period thirty (30) days followin~ the date the form is signed.
5.5:
The P.B.A. agrees to indemnify and hold harmless againgt any claims, mits, orders, or
judgments brought or issued again.~, the City based on any payroll deductions of daes as
provided for in this Article.
5.6:
P.B.A Contract
The P.B.A. agrees that no employees will collect or auempt to collect dues or assignmenls at
any time during working hours, other than during break periods or periods before or after daW
hours, on the City's property..
October 1, 2004 to September 30, 2007 6
5.7:
5.8:
5.9:
No deductions shall be made from the pay of any employee for any payroll period in which the
employee's net earnings for that payroll period, after other deductions, are less than the amount
to be deducted.
The P.B.A. Authorization letter shall be prepared by the P.B.A. and shall be forwarded to the
Human Resources Department.
Ali persons currently on duos deduction shall centmue without further authorization.
ARTICLE 6
EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION
6.1:
The City and thc P.B~. agree to full and unequivocal cooperation with each other in
eliminating all discrimination and to assure all personnel programs, pohcies, and assi~onments
are free fxom discriminatory practices.
6.2:
The parties recognize that it is mutually beneficial to resolve any problem of alleged
discrimination as amicably and expeditiously as possible and agree that each shall make a good
faith effort to settle such dispute informally within the Deparlment before any formal complaint
is filed.
6.3:
An Equal Employment Oppommity (EEO) complaint may be an allegation of discrimination On
thc basis of:
a) race, color, religion, sex, national origin as Prohibited by the Civil Rights Act of 1964, as
amended, or by applicable state and local law;
b) age as prohibited by the Age Discrimination Act of 1967, as amendext, or by applicable
state or local law;
c)
sox as prohibited by the Fair Labor Standards Act of 1938, as amended, or by applicable
state or local law;
reco~onized physical handicapping conditions as prohibited by the Rehabilitation Act of
1973, as amended, or by applicable state or local law;
e)
marital status or lawful political affiliation, as prohibited under Federal Law and Florida
StumPs, or apphcable local law.
6.4:
In the case of an EEO complaint based on the grounds stated in Section 3 of this Article, the
employee may seek recourse exclusively under applicable statutory procedures, and the
complaint will be processed in s~oordanee with tho cllrrellt and applicable roles and regulations
of the appropriate federal, state, or local agency.
6.5:
P.B.A Contract
Tho P.B.A. agrees to fully support the principles of Equal Employment Opportunity. The
P.B.A. shall be included in thc negotiation of any future consent decrees that affect the P.B.A.
and its members. The P.B~A. and the City agree to abide by any future court-approved consem
decree to which both parties have consented.
October 1, 2004 to September 30, 2007
7
7.1
ARTICLE 7
LABOR MANAGEMENT COMMUNICATIONS
The City agrees that periodic meetings, mutually agreed upon, between Association
Representatives and the City's employee relations officials will be held to discuss problems and
objectives of mutual concern involving the implementation and admini~ha/ion of this
Agreement. The function of these meetings will be to disenss general roarers pertaining to
employee relations. P.B.A representation shall be limited to two (2) Unit Representatives
during Labor Management meetings. The Coastal P.B.A. may bring as many officials as
deemed necessary. Prior to the meeting, both parties agree to identify who will be present.
8.1:
8.2:
8.3:
8.4:
8.5:
ARTICLE 8
P.B.A. REPRESENTATION
The Employer agrees to recognize elected officers and Union Representatives of the P.B.A.
The Employer agrees that during the terms of this Agreement it will deal only with such
authorized representatives in matters requiring official action by the parties in accordance with
this Agreement.
P.B.A. shall appoint (2) bargaining unit members for all the units represented by the P.B.A. to
serve as the Unit Representatives for all employees in those units. The Unit Representatives
and the alternate Unit Representatives shall be a City employee on payroll status and shall be
responsible for labor relation activities associated with the adminintration of this Agreement.
Furthermore, Unit Representatives shall be responsible for the coordinating and processing of
grievances for all the Local Union members, and shall conduct activities to avoid overlapping
or duplicating services of any other union representatives. These activities shall be conducted
without disrupting the work of any City employees who are not directly involved.
The P.B.A. agrees that Unit Representatives shall not be permitted to leave their assigned duty
stations during working hours without authorization of their Supervisor or the Chief of Police.
The P;B.A. agrees to conduct all P.B.A. business outside of normal working hours in order not
to disrupt the work of unit employees. This shall not preclude the grievance procedure from
being conducted during normal working hours.
The City agrees to allow up to two Unit Representatives of the P.B.A. who are on duty at the
time negotiations take place with the City and the P.B.A., time away from their regular
duties/shifr assignments without loss of wages or benefits as long as it does not create a
manpower/nhif~ shortage. This will be done with the knowledge and permission of the Chief of
Police or his designee.
The Employer will maintain job descriptions for job classifications covered by tiffs Agreement
and will not/fy the P.B,A, of any intent to change such job classifications.
ARTICLE 9
BULLETIN BOARD
9.1: The City agrees to allOw the P2B.A, the USe of a bulletin board of reasonable Size and ,/-"-~
department e-mail for the posting of notices of its official business pertaining to its members/
and to unit employees. No scurrilous, defamatory, or otherwise objectionable material will be[
posted or e-mailed. Any material, at the discretion of the City that contravenes this provision ~
P.B.A Contract October 1, 2004 to September 30, 2007 8
9.2:
9.3:
sh~ll be ordered removed by the City. Any material so removed, or a copy thereof, shall be
given to the P.B.A. by placing in the P.B.A. representative's inter-office mailbox.
The bulletin board and/or department e-mail ~ha]l be used for the posting of the following:
(1)
(2)
(3)
(4)
Notices of P.B.A. recreational and social affairs.
Notices of P.B.A. elections and the results of such elections.
Notices of P.B.A. appoiuhiients or other official union business.
Notices of P.B.A. meetings.
Copies of all materials, notices, or announcements shall be submitted to the Chief of Police or
designee, before they are posted. All notices shall be signed by a duly authorized P.B.A.
represemative. Any other notices, including any notices containing information other than
purpose, date, lime, and place, may be posted on the designated P.B.A. bulletin board md/er
delivered by department e-mail only with the approval of the City.
All costs incidental to the preparation and posting of P.B.A. malmSal will be borne by the
P.B.A. The P.B.A. is responsible for posting and removing approved materials on the
designated bulletin board and for rnaiataining such bulletin board in an orderly condition.
ARTICLE 10
PERSONNEL RECORDS
10.1:
Each employee covered by this A~reement, ~hall have the fight to inspect his official personnel
file, provided however, that such inspection shall take place during working hours at the
location where the official personnel file is kept. There shall be only one personnel file
maimained by the City that shall be considered the official personnel file for purposes of
personnel actions. This file shall be maivtuined bythe Human Resources Director and shall be
kept at the Human Resources Department.
10.2:
10.3:
The City will have the employee sign for a copy of any adverse action document to be placed in
an employee's p~sounel file prior to tha docum~ being placed into the file. Employees shall
have the right to file a written response to any letter of reprimand or other document that is
placed in the employee's official personnel rite as a result of supervisory action or citizen
complaint. Any such written response shall be included in the employee's official personnel
file togethar with the letter of reprimand or other document again.ql: which it i~ directed. To the
extent permitted by law and in order to protect the privacy and promote the safety of individual
police officers, the City agrees not to directly or indirectly furnish the news media or public
with any employee's home address, telephone number, photograph, and/or personnel records
without the employee's consent.
The PBA agrees not to directly or indirectly fomish the news media or the public with
personnel records without the consent od' the City and the employee, thus mutually agreeing to
the confidentiality of personnel records other fha, required by law.
10.4:
P.B.A Contract
Written reprimsnd8 ghnll nOt be used when considering subsequent discipline where an officer
has no disciplinary action 8gainut hiln afrgr l~Coiving two (2) or more performance evaluations
from the issuance of the reprimand as long as the same or a similar situation has not occurred.
October 1, 2004 to September 30, 2007
9
ARTICLE 11
RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE UNDER
INVESTIGATION INTERNAL INVESTIGATIONS AND OBLIGATIONS
TO THE PUBLIC
11.1:
The parties recognize that the security of the City and its Citizens depends to a great extent
upon the manner in which the employees covered by this Agreemem perfca'm theft various
duties. Further, the parties recognize that the performance of such duties involves the
employees in all manner of ¢o~ and relationships with the public, and out of such contacts
and relationships, questions or complalm~ may arise concerning the actions of employees
covered by this Agreement. Investigation of such questions and/or complaints must neeessatily
be conducted by, or under the direction of; departmental sworn supervisory officials whose
primary concern must be thc seetmty of thc City and preservation of the public interest.
In order to maintain lite security of the City and protect the interests of its c'aizens, the
parties agree that the City must have the unrestricted right to conduct investigations of
citizen complaints and matters of internal security; provided, however, that any
investigative interrogation of an3, employee covered by tlm Agreement relative to a
citizen's complaint and/or a matter of internal security shall be conducted under the
following conditions and in accordance with Florida Statute Chapter 112 which is
incorporated herein m its entirety as a part of this agreement (should Florida Statute 112 be
amended during this Agreement, such amendment shall automatically be incorporated
hereto):
(1)
The interrogation shall be conducted at a reasonable hour, preferably at a time when
the employee is on duty, unless the seriousness of the investigation is of such a
degree that immediate action is required.
(2)
The employee under investigation shall be informed of the nature of the investigation
prior to any imerrogation and no later than forty-five (45) calendar days after the
investigation is initiate&
(3)
The employee under investigation shall be informed of the rank, name, and command
of the officer in charge of the investigation, the interrogation officer, and all persons
present during the interrogation. All questions directed to the employee under
interrogation shall be aqked by and through one (1) interrogator during any one
investigative interrogation only, unless specifically waived by the subject officer.
(4)
Interrogation sessions shall be for reasonable periods and shall be timed to allow for
such rest periods as are reasonably necessary. All interrogations shall be held at the
headquarters of the Sebastian Police Department.
(s)
At the request of the employee under investigation, he/she shall have the right to be
represented by counsel or of any other representative of his/bet choice, to be present
at alt times during such interrogation.
(6) The formal interrogation of an employee, including all recess periods, shall be
recorded, and there shall be no ~rded questions or statement.
(7)
P.B.A Contract
If the employee under interrogation is under arrest or is likely to be placed under~
arrest as a result of the interrogation, he/she shall be completely informed of~lf~D(6
October 1, 2004 to September 30, 2007 10
his/her Miranda and Gantry v. N.J. rights prior to the commenceraont of thc
interro~tion.
(8) No employee shall be ordered or be able to volunteer to submit to any device
designed to measure the troth o£ his/her responses during questioning.
(9)
(10)
During interrogations, the employee shall not be subjected to offensive language or
threats of transfer, dismissal, or other disciplinary actions. The interrogator does not
have the fight to make a promise of reward as an inducement to answering questions.
During interrogations covered hereunder, questions shall be limited to the
circumstances surrounding the allegations, which a~ the subject of the investigation.
(11)
In the ~ of the internal security and fahness to the employee under
investigation (criminal or adminigtrative), the City, employee, and union
representative or agent, insofar as is legally permissible, agree to make no statement
concerning the investigation until such time as the investigation has been completed.
(12) An employee under investigation may obtain a copy of any written stateme~ he/she
(t3)
In all cases wherein an employee is to be interrogated concerning an alleged violation
of the department's Rules aha Regulations which, if proven, may result in his/her
dismissal or in some other diseiplina*y measure, he/she shall be afforded a reasonable
opportunity end facilities to comet and consult privately with an attorney of his/her
choice and a representative of the P.B.A. before being interrogated. However, except
by mutual agreement, the interrogation may be postponed for no more than forty-
eight (48) hours to provide this opportunity.
(14)
Any employee may be ordered to submit to a blood test to determine the percentage
of alcohol in his/her blood if the employee appears to be under the influence of
alcohol. Such test may be given if requested by the employee.
(15) No employee will be compelled by the City to speak or testify or be questioned by
any non-governmental agency.
(16) In cases where thc C/ty chooses to relieve an employee f~om duty pending an
investigation, the following conditions ~hall prevail:
1. The employee will re. main on full salary and allowances, and shall not lose any
benefits during this pmiod of time.
2. Should disciplinary actian result fi'om the investigation, that peried of time in
which the employee was relieved from duty will be included in the disciplinary
action. In tho event that an employee has been paid, the employee's accumulated
vacation leave or compensatory time shall 'be charged as a set-off at the
employes's option~
'{17) /During internal mv~gnfions, questions shall be limited to the circa~m~ances
.... . ~z~ surrounding the officer s alleged violation of department rules.
P.B.A Contract
(18) The findings of the internal affairs investigation shall be labeled Sustained (guilty as
charged), ExaneraUxl (act ocean~d, but was justified), Unfounded (act did not occur),
or Not-Slk~ained (not guilty). No other teaTainology may be used.
October 1, 2004 to September 30, 2007 11
(19) Only letters of complaints fiom citizens, which have been sustained in whole or in
part, will be inserted in an officer's personnel record.
(20)
The City shall not fliseipline any employee without just cause or due process;
however, the City may discharge any probationary employee without just cause or
due process.
(21)
Any employee involved in a shooting where injury and/or death occurs, shall not be
compelled to make any oral or x~fitten statements. The employee shall be given the
necessary time to consult with his/her attorney prior to any oral or written statements
being requested.
B. In any case where the City believes there is just cause for loss of pay or more serious
disciplinary action the employee and the ERA. shall be notified in writing.
C. In the event an employee becomes the subject of a formal departmental or City
investigation arising from a citizen's complaint or aUegafion, the department or the City,
whichever is appropriate, shall individnally notify the employee of the complaint. Upon
conclusion of the formal investigation, the employee will be notified of the disposition of
the complaint.
11.2:
Notice of Disciplinary Action - No dismissal, demotion, transfer, reassignment, or other
personnel action which might result in loss of pay or benefits or which is taken purely as a
pnnita~e measure shall be taken a~zaingt any law enforcement officer unless such hw
enfomement officer is notified of the action and the reason or reasons therefore prior to the
effective date of such action.
11.3:
Retaliahon for Exemising Rights - No law enforcement officer ehal! be discharged; disciplined;
demoted; denied promotion, transfer, or reaesJ~mont; or otherwise discrilninated again~ in
regard to his/her employment or be threatened with any such treatment by reason of his/her
exercise of the rights granted in this Article.
11.4:
If a complaint is brought against a bargaining nnit member from any source outside the City's
Police Department and the investigation of the complaint is to result in disciplinary action
agamst the bargaining unit member, he/she may request lite appo'~ of a Complaint
Review Board within ten (10) working days of notification of discipline identified in 11:2.
The Complaint Review Board shall be comprised of three (3) law enforcement officers
from any State, County or Municipal agency within Illdiala River County. One member
will be selected by the Chief of Police, one by the officer against whom the complaint is
registered and one who shall be selected by the other two members.
The Complaint Review Board ~hall meet promptly to review the complaint that has been
brought, all of the available evidence in the case and an explanation of the case by the
bargaining unit m~nber or their representative. The Board shall make a
recommendation(s) to the Chief of Police for whatever action it deems appropriate.
. P.B.A Contract
The recommendetion(s) of the Complaint Review Board are advisory only and shall not
restrict the Chief of Police in making a final decision concerning the disciplinapy action, if
any, to be taken, nor shall it restl'ict the bargaining unit member's right to grieve any
disciplinary act/on that results froTM the complaint. ~
October 1, 2004 to September 30, 2007 12
11.5:
No bargaining unit member shall be disciplined, except termination or written reprimand, umil
such time as the bargaining unit member's grievance appeal (excluding arbitration) of the
discipline is completed or until the lime frame for a grievance ha~ expired.
ARTICLE 12
LEGAL BENEFIT
12.1:
The City 8hn]l~ upon the request of any employee covered by this Agreement and after notice of
the suit against the employee has been given to the Otfice of the City Attorney, within ten (10)
days a~er service upon the employee, undertake the defense of that employee against any civil
damage suit in which the Complainant in the suit alleges that the employee was acting vd¢hin
the scope and course of his/her employment and does not allege that the employee acted in bad
faith, or with malicious purpose or in a Ilnnnner exhibiting wamon and willful disregard of
human rigMs, safety, or property,o)
12.2:
The City shall, upon the request of an employee covered by this Agreement and after notice of
the suit againnt the employee has been timely received by the Office of the City Attorney,
v~thln ten (10) days after service upon the employee, undertake the defense of that employee
against any civil damage suit in which the Complainant in the suit alleges that the employee
was acting within the scope of hisPaer employment, even if the Complainar~ also alleges in the
alternative that the employee aoted in bad faith, or with malicious purpose or in a znanner
exhib'Cdng wanton and willful disregard of truman righ% safety, or property. However, in those
cases m which the City has reason to believe that there exists a substantial f:aetunl basis for the
allegations in the suit of bad faith, malicious purpose or in aetiom exhibiting wanton and
willful disregard of human rights, safety, or propeaXy, the employee shall be notified that he/she
must provide Ms/her defo~e at his/her own expense, and the City shall not be required to either
continue or undertake the defense of the employee.
12.3:
In a civil dam~age suit in which a defense is provided by the City, the City will indenmify that
employee ag~innt any judgments, exoept for punitive damages, rendered in that suit against the
employee as a result of hisPner aotions which oecarred while he/she was acting within the scope
and course of hisgaer employmem, up to the limits specified in 768.28(5), Florida Statutes, as
emended.
12.4:
At any time a~er the City has undertaken the defense of an employee in a civil damage suit, the
employee, at his/her own expense, may, with the permission of the City, hire counsel of hisPaer
own choice and substitute that counsel, with the consent of the applicable court, for the eonnsel
provided by the City without affecting the employee's rigl~s to indemnification under Section 3
of this Article.
12.5:
The employee agrees to cooperate fully with the City iftbe City undertakes the defense of the
employee. Failure to cooperate shal! relieve the City of its obligation to defend or indemnify
the employee.
768.28, Florida Statutes
P.B.A Contract
October 1, 2004 to September 30, 2007
13
ARTICLE 13
MANAGEMENT RIGHTS
13.1:
The P.B.A. agrees that the City has and will continue to ret~i~, whether exemised or not, the
right to operate and manage its affairs m all respects except as modified by other articles of this
Agreement. The rights of the City, through its management officials, shall include but not be
limited to the following:
A. To det~mine the organlw,~tion of the City Government.
B. To determine the purpose of each of its constituent departments.
C. To exercise control and discretion over the organization and efficiency of operations of the
City.
D. To set standards for service to be offered to the pubhc.
To manage and direct the employees of the City including the fight to assign work and
overtime, and to establish, modify, or change roles and regulations apphcable to employees
covered by this Agreement.
F. To hire, examine, classify, promote, train, transfer, and assign, employees in positions with
the City.
G. To suspend, demote, discharge, or take other disciplinary action and impose sanctions for
just cause involving deficiencies in performance and/or deficiencies in condant.
H..To increase, reduce, change, modify, or alter the composition of ~he work force, including
the right to relieve employees from duties because of lack of work and/or lac& of funds.
To determine the location, method, means, and personnel by which operations are to be
conducted, including the right to determine whether goods or services are to be made or
purchasod or to be contracted out or subcontracted.
J. To detenme the number of employees tn be employed by thc City.
K. To establish, change, or modify the number, types, and grades of positiom or employees
assigned to an organization, department or division thereof; or project.
To establish, change, or modify duties, tasks, and responsibilities or requirements within
job classifications that are not terms and conditions of employment in the interest of
efficiency, economy, technological change, or opomting requirements.
13.2: The City has the authority and obhgation to deterimne the purpose and mission of the City and
the amount of budget to be adopted by the City Connefl.
13.3:
P.B.A Contract
If; at the sole discretion of the City, it is detenuined that a civil emergency condition exists
including but not limited to strikes, work stoppages, riots, civil disorders, hurricane conditions,
or similar circumstances, the provisions of this Agreement may be suspended during the time of
the declared emergency, provided that wage rates and insurance shall not be suspended. ~
October 1, 2004 to September 30, 2007 14
ARTICLE 14
DISCIPLINE AND DISCHARGE
Employees may be disciplined for just cause involving deficiencies in performance and/or deficiencies in
conduct. Employees so disciplined shall be provided with written notice of the basis for such discipline.
Disciplinary action shall be taken in accordance with internal Police Department General Orders.
ARTICLE 15
RATES OF PAY
15.1:
On October 1, 2004 all steps of pay grade 27 shall be adjusted upward by two and one half
percent (2.5%). All employees of the bargaining unit shall have their pay adjusted accordingly
with thek respective pay grade/step. Step 0 will be removed. Effective October 1, 2004 each
Police Officer in Grade 27 will move to the next higher Step in the pay plan.
15.2
On October 1, 2005 all steps of pay grade 27 shall be adjusted upward by two and one half
percent (2.5%). All employees of the bargaining unit shall have their pay adjusted accordingly
with theft respective pay grade/step. Step 1 wilt be removed. Effective October 1, 2005 each
Police Officer in Grade 27 will move to the next higher Step in the pay plan.
15.3
On October 1, 2006 all steps of pay grade 27 shall be adjusted upward by two and one half
percent (2.5%). All employees of the bargaining unit shall have their pay adjusted accordingly
with their respective pay grade/step. Step 2 will be removed. Effective October 1, 2006 each
Police Officer in Grede 27 will move to the next higher Step in the pay plan.
15.4
on October 1, 2004, the City shall adjust pay grade 30 upward by two and one half pement
(2.5%). All employees of the bargaining unit shall have their pay adjusted accordingly with
their respective pay grade/step. Step 0, 1, 2, 3~nd 4 will be removed. Effective October 1,
2004 each Police Officer in Grade 30 will move to the next higher Step in the pay plan.
15.5:
On October 1, 2005 all steps of pay grade 30 shall be adjusted upward by two and one half
percent (2.5%). All employees of the bargaining unit shall lmve their pay adjusted accordingly
with theft respective pay grade/step. Effective October I, 2005 each Sergeam in Grade 30 will
move to the next higher Step in the pay plan.
15.6
on October 1, 2006 all steps of pay grade 30 shall be adjusted upward by two and one half
percent (2.5%). All employees of the bar~ining ultit shall have their pay adjusted accordingly
with their respective pay grade/step. Effective October 1, 2006 each Sergeant in Grade 30 will
move to the next higher Step in the pay plan.
15.7
Effective October 1, 2006, Officer's and Sergeant's who receive State incentive money for
training and education, excluding Corrections courses, will receive a matching amount from the
City up to $1,560 anmlally.
15.8:
P.B.A Contract October 1, 2004 to September 30, 2007
For the purpose of the Agreement, the term anniversary date shall mean the anniversary of an
~nolovce's entry into a particular job fide. In the event an employee moves from one job title
1:O anOfller Job tide dexing tho course of his/her employment with the C~ty, such employee s
~nniversary date shall change to that date which is the anniversary of his/her commencement of
duties in the new job title.
15
15.9:
15.10:
15.11:
15.12:
15.13:
15.14:
16.1:
16.2:
16.3:
A new police officer without any demonstrated education, training or experience in that job
title, shall be placed at the first step of the pay plan. This employee shall be eligible for
movement to the next step at the completion of his/her first year of continuous, unbroken
employment with the City in his/her job classification provided that such employee receives at
least a satisfactory performance evaluation upon his/her anniversary date.
The city reserves the right, based upon a new employee's previous education, l~aining and
experience, to exercise lateral entry and initially place such employee in any of the first four
pay steps that are allocated for the job title of police officer.
In the event a Police Officer is promoted to the job classification of Sergeant, the promoted
employee shall be entitled to the entry level for Sergeant or a five (5) step increase to the
closest step in the Sergeant's pay grade, whichever is greater.
On or after October 1, of each fiscal year, all bargaining unit members ~hall advance to the next
higher pay step for their job title upon receipt of an armual evaluation which is at least
satisfactory. In the event an employee's performance is below satisfactory, the City shall
inform the employee, in writing, of his/her specific deficiencies and allow the employee a
reasonable time, not to exceed ninety (90) days, to correot his/her peffm'mance. The City shall
delay movement of the employee to the next pay step for his/her job lifle until such deficiencies
are corrected.
Step increases, as set forth above, shall continue for the duration ofthiu contract.
All investigators shall receive a non-nniFormed clothing allowance in a bi-annual amount of
four hundred ($400) dollars payable in one Itmrp sum payment on October 1~ and April 1~ of
each year. In the event an officer does not remain an Investigator the entire bi-annual period
after receiving his/her clothing allowance, the officer shall repay the City on a pro rata basis.
ARTICLE 16
TEMPORARY ASSIGNMENT
The Police Chief or his designee may, in writing, assign a bargaining trait member to a higher
clarification for a tempo~ period. The affected bargainin~ unit member shall be entitled to
receive a $1.50 an hour increase to their hourly wage for all hours worked, including ow~time,
in that higher classification. The provisions of this section shall apply to temporary
assignments to the position of Sergeant only.
Appointment as an investigator is considered duty assignment and not a promotion with the
same provisions as a temporary assignment. The bargaining unit member shall receive one-step
higher than hisser regular I~tl~ of pay to their base pay while SOlving as an investigator.
If the bargaining unit member is transferred fi'om an investigator back to his/her previous
assiffnment or to a different assignment which does not accrue the same benefit as in Section
16.2 of this article, then the employee will take a one step decrease in pay equal to the pay
increase he or she received at the lime of the appointment.
P.B.A Contract
ARTICLE 17
ASSIGNMENT PAY
October 1, 2004 to September 30, 2007
17.1:
17.2:
A Police Officer assigned the duty position of Field Training Officer (FTO) shall be entitled to
$1.50 per hour additional compensation, including overtime, while actually assigned to a
A Police Officer assigned as an instructor, shall be entitled to $1.50 per hour additional
compensation, including overtime, during the period of providing m-house instruction only.
ARTICLE 18
INJURY PAY AND LIGHT DUTY ASSIGNMENTS
18.1:
Any regular full-time employee who susVaina a tempormy disability as a result of and arising
out of employment bythe Cay as prowded bythe Worker s Compeusatlon Law of the State o
Floridtt, nhall, in addition to the benefits payable under the Worker's Compensation Law be
entitled to thc following:
A. During the first eighty (80) working days of such disability, the employee shall receive net
suPPlemental pay based upon his/her net take home pay reduced by the Worker's
Compensation indemmty payment.
18.2:
B. Thereafter, the employee may utilize any accrued sick or annual leave in order to receive
supplemental pay based upon his/her net take home pay reduced by the Worker's
Compensation indemnity payment until such anmlal or siek leave is exhansted.
C. Upon exhaustion of all paid leave, the City may, at its discretion, gnmt an unpaid leave of
absence to thc employee for a period not to exceed one year.
If any employee, due to an on-the-job inju~, is temporarily or partially disabled from
performing ~ duties of his/her classification, but is determined to be able to perform light duty
by a physician designated by the City, the employee may be required to perform such duty or
lose the employment connected disability leave supplemental benefits. Assignment to light
duty shall be considered a temporary asaigament, without reduction in pay. Such a
reassignment shall be to other duties commensurate with medical and mental fitness, subject to
availability of suitable work, and the employee's qualifications for the position. However, an
employee shall not be permitted to continue in a hght duty position af~ reaching his/her
max/mum medical improvement.
18.3:
18.4:
Any employee who suffers an employment connected injury may be required by the City to be
examined every twenty (20) working days by a medical doctor, specified and provided by the
City, who shall determine the employee's condition and fitness for full or partial tatum to duty.
No employee will be entitled to employment connected with disab'flity leave with the benefits
described herein if the injury suffered h~ been determined to have been the result of intentional
serf-infliction or where the disability or illnees coaltimles as a result of the employee's failure to
cooperate with medical advice or corrective therapy.
While reeeiving employment eonneeted disability bencfits, an employee shall be entitled to all
benefits which he/she would norraally receive pursuant to his/her employment with the City.
P.B.A Contract
October 1, 2004 to September 30, 2007
17
19.1:
19.2:
19.3:
ARTICLE 19
CALL BACK PAY
A bargaining unit member, who is called to return to work aRer completing his/her scheduled
shift and has left the work place of the City, shall be paid at the rate of time and one-half (1-
1/2) the regular rote for hours worked with a minimum of three (3) hours. Travel time shall be
considered time worked.
A bargaining unit member called back to work who is on authorized leave shall be paid at the
rate of time and one-half (1-1/2) the regular rate for hours worked with a minimum of three (3)
hours. Such employee shall not be charged for leave for any such hours worked. Travel time
shall be considered time worked.
The three (3) hours minimum call-bark pay shall not apply in those instances wherein the
overtime commences one and one-half (1-1/2) or fewer hours prior to and ams continuously
into the employee's regular shiR; or the employee is called back to work to rectify his/her own
error or omission which cannot wait until the employee's next shffi. In such instances, the
employee shall be compensated for the exact hours worked at the appropriate rate.
20.1
ARTICLE 20
ON-CALL PAY
Designated bargaining unit members required to be on-call shall receive one hour of ~tsaight
pay for each day Sunday through Saturday. On-eaLl personnel include one detective, and one
MACE Detective. The list will rotate weekly. The MACE Detective shall only be paid for one
on-call week per month. On-call hours shall not be considered hours worked for overtime
calculations and shall be paid at sUaight time. This article does not apply to Officers being
placed on-call because of emergency situations, ex. Hurricanes.
ARTICLE 21
COURT APPEARANCES
21.1:
Any bargaining unit employee who is required to appear as a witness resulting from the
performance of his duties with the City shall be entitled to the following:
A. regular pay if called to testify during regularly scheduled hours;
B. a minim~ml of three (3) hours at one and one-half (1-1/2) times the employee's rate of
pay if called to testify outside the employee's reg~dar hours of work.
C. hi such cases, the employee will be required to assign the witness fee to the City.
21.2:
Time off to respond to a subpoena to appear as a witness in a case unrelated to an employee's
duties as an employee of the City will be at the employee's own expense (vacation or unpaid
leave). Such leave shall not be demed.
21.3: Employees required to attend court while on Scheduled vacation may be allOwed to
substitute the pay enumerated in Section 1. B. instead of vacation leave for such period,~
provided that the court appearance meets the requirements of Section 1. of this Article.
P.B.A Contract October I, 2004 to September 30, 2007 18 '~'
22.1:
22.2:
22.3:
22.4:
ARTICLE 22
BEREAVEMENT LEAVE
Time Off Provision - When there is a death in a bargaining anit member's immediate family,
that employee shall be granted a Bereavement Leave of a maximum three (3) working days in
order to attend the funeral. Bereavement Leave will not be charged again~ sick leave,
vacation, or holiday time.
The bargaining unit member's immediate family is defined as the employee's spouse, children,
father, mother, brother, sister, parents-in-law, grandchildren, or grandparents or any relative
who is domiciled in the bargaining unit member's household.
The City reserves the right to require documentation supporting Bereavement Leave after an
employee returns to work.
Any absence in excess of three (3) working days in conneetien with approved Bereavement
Leave will be charged to accrued anmml leave or compensatory time, at the employee's option.
23.1:
23.2:
23.3:
ARTICLE 23
MILITARY LEAVE
Permanent full time barga~ ining unit members covered by this agreement who are commissioned
reserve officers or reserve enlisted personnel in the United State Military, Naval Services,
Coast Guard, or members of the Florida National Guard nhall be entitled to leave of absenen
loss of pay in accordance with provisions of 115.07, Florida Statutes. When the entire unit to
which the bargaining unit member is assigned is ordered to active duty beyond seventeen (17)
consecutive workdays in any one (1) calendar year, the City agrees to pay such leave up to a
maximum often (10) 8elrlitional workdays.
Thc bargainm' g unit member nhall be required to submit an order or statement from the
appropriate military commander as ovi~nce of any such duty. Such order or statement must
accompany the form request for ~ Leave at least two (2) weeks prior to the date such
leave is desired.
A permanent full time bargaining unit member who is a member of the Armed Forces Reserve
or Florida National Guard shall be excused fxom work without pay to attend active or inactive
duty Ii'aining drills as required in excess of seventeen (17) days in any one anml~ period, not
counting the additienal maximum often (10) workdays in Section 23.1 above.
ARTICLE 24
JURY DUTY
24.1: A permanent full-time bargaining unit member shall be granted time off, not to exceed eighty
(80) hours, at straight time pay for reporting to required jury duty upon presentation to the
bargaining ~ member's supervisor of satisfactory evidence that such jury duty is required and
Q !; provided the time required for jury duty is the bargaining trait member's normal workday or
", work Shift. In order to be eligible, the employee must report at least seven (7) calendar days
~- prior to the date of jury duty to the immediate superWSor on the prescribed leave form with the
summons attached of the need to be absent because of a jury duty requirement.
P.B.A Contract October 1, 2004 to September 30, 2007 19
24.2:
24.3:
Any compensation received by the bargaining mt member for jury duty shall be retained by
the employee; however, a pro rata mount of the jury duty pay received by thc bargaining unit
member shall be deducted from the bargaining unit member's regular pay based upon that
portion of the regularly scheduled workday missed by the bargaining lmit member. There shall
be no deduction for mileage pay or for the four (4) hour reporting period provided in Section 3
of this Article. A bargaining unit member seeking jury duty leave must substantiate any
compensation received for serving on jury duty by submitting a copy of the check(s) received
or a copy of the receipt(s) for any cash received.
If a bargaining Illlit member is released from jury duty within fOur (4) hours from the time
required to report for such jury duty, the employee shall be required to report for duty on that
date, provided that it is the bargaining unit member's regular work day or shit~.
25.1:
25.2:
ARTICLE 25
VOTING TIME/POLITICAL ACTMTY
During a primary, general, or special election, a bargaining unit member who is a registered
voter and whose hours of work do not allow sufficient time for voting shall be allowed
necessary lime off with pay for this purpose. Where polls are open two hours before and two
hours after the employee's regular scheduled work period, it shall be considered sufficient time
for voting.
Employees will be allowed to engage in the flail range of political activities guaranteed to all
citizens while off duty and not in uniform.
ARTICLE 26
LONGEVITY PAY
26.1
Longevity pay will be awarded according to the following schedule:
A. Bargaining unit members, af~ having completed ten (10) years of continuous services
with the City, will receive an increase in their base pay of five (5%) percent. The five
percent increase will be added to their base pay the first full payroll period following their
ten-year anmversury date.
B. Bargaining Imit members, after having completed fffioen (15) years of oontimlolls serviees
with the City, will receive an increase in their base pay of five (5%) percent. The five
percent increase will be added to their base pay the first full payroll period following their
fifteen-year anniversary date.
C. Bargaining unit members, after having completed twemy (20) years of contimlolls SCIVICCS
with the City, will receive an increase in their base pay of five (5%) p~rcent. Thc five
percent increase will be added to their base pay the first full payroll period following their
twenty-year annivelsary date.
P.B.A Contract
Bargaining unit members, at~er having completed twenty-five (25) years of continuous
services with the City, will receive an increase in their base pay of seven and one-half
(7.5%) percent. The seven and one-halt'percent increase will be added to theft base pay the
first full payroll period following their twenty-five~year anniversaW date. //~
October 1; 2004 to September 30, 2007 20
E. Said adjustments(s) will be based on the bargaining unit member's original date of hire
regardless o~ the s~lary pay step the bargaining unit member is in at the time he or she
attain~ the required number of years.
F. Bargaining unit members in a pm-t-time or temporary status at the time of their relevant
anniversary da~ will not be eligible for longevity increases.
G. Those bargaining unit members in-between the longevity periods often- to fifteen- years or
from fifteen-years to twenty-years or twenty-years to twenty-five-years shall, upon the
effective date of the eorrtraet, receive a one-time five (5%) percent increase and shall
subsequently be eligible for future longevity increases in accordance with the above.
27.1:
27.2:
27.3:
27.4:
27.5:
ARTICLE 27
BASIC WORKWEEK AND OVERTIME
Fourteen (14) days shall constitute a normal work period for the bargaining unit members
covered by this Agreement, starting at 12:01 a~m Stmday and ending at 12:00 midnight on
Saturday fourteen days later. Nothing herein shall guarantee an employee payment for eighty
(80) hours of work in any work period uuless the employee a~,ally works eighty (80) hours in
the work period. For the purposes of this Agreement, approved leave shall mean any leave
compensuted by the City. The City agrees to provide a minimum 30-day notice if it is
determined that the current work schedule should be modified. The PBA reserves the right to
negotiate any e. hangeS to the work schedule.
Hours worked in excess of eighty (80) hours in a fourteen (14) day work period ~hall be
compensated at the rate of time and one-half (1 1/2) of the barga~ ining unit member's regular,
hourly wage.
For the purposes of overtime compensution, time spent by a bargaining unit member on
personal leave, annual leave, sick leave, funeral leave, jury leave, milita~ leave, or any other
approved leave with pay ~hall be considered time worked.
Ii'any bargaining unit member has accrued overtime and desires to banlr compensatory time at
a rate of time and one-half (1-1/2) rather than be paid for tho overtime, the bargaining unit
member ehall, prior to the end of the fourteen (14) day work period in which the overtime was
credited, advise his/her supervisor of his/her desire to bank compensatory me in lien of pay.
The Division Commanders shall attempt to accommodate the desires of a bargaining unit
member as to the lime off desired, work schedules and conditions permitting. If no
compensatory time is requested, then the bargaining unit member shall be paid at the overtime
rate of rime and ene-halr (1-1/2). Employees may bank up to o,n~e hundred and .t~..enty (~20)
hours of compensatory time. Any unused time as of September 30 of each year will be pad to
the employee in the next payroll cheek.
P.B.A Contract
ARTICLE 28
HOLIDAYS
Thc following shall be paid holidays for regular bargainm' g umt members:
NEW YEAR'S DAY
October 1, 2004 to September 30, 2007
21
28.2:
28.3:
28.4:
28.5:
MARTIN LUTHER KING DAY
PRESIDENTS DAY
MEMORIAL DAY
INDEPENDENCE DAY
LABOR DAY
VETERANS DAY
THANKSGIVING DAY
FRIDAY AFTER THANKSGIVING DAY
CHRISTMAS EVE
CHRISTMAS DAY
Holidays will be designated as the acmai day of the holiday for the purposes of holiday pay.
Employees regularly scheduled to work Monday through Friday may be required to take the
observed, rather than the actual holiday as their designated holiday.
No regular full-time bargalninE llnit members shall receive pay for a holiday unless he/she is in
active pay status or actually works Ms/her normal schedule on the day immediately preceding
and following the day on which the holiday is observed. For purposes of this Patiele, "active
pay stutas~ means approved sick or annual leave, militm3r leave, jory duty or other approved
leave with pay.
Regular full-time bargaining unit members who are scheduled and/or required to work on the
actual holiday and who work on that day shall receive one and one-halt (1-1/2) flraes the
employee's regular hourly wage for each hour worked during the holiday in addition to their
scheduled hours (8 or 10 or 12) as holiday pay for the holiday.
Bargnining unit members not scheduled to work the holiday will receive 8,10, or 12 hours of
pay not to be counted for overtime calculation. For example, if an employee is scheduled
Tuesday thru Friday and the holiday falls on a Monday, the employee would receive 8, 10, or
12 hours pay for the holiday. The holiday pay would not be included as hours worked for the
purpose of overtime calculation.
ARTICLE 29
SENIORITY
29.1: The City agrees that seaiority shall consist of continuous accumulated paid service to the City.
29.2:
Seniority shall be computed from the date of hire and shall accumulate during leaves of absence
due to injury, illness, vacation, or any other leave authorized and approved bythe City.
29.3:
Vacation periods for each calendar year shall be drown by bargal, ing unit members on thc
basis of seaiority. When a bargaining unit member has selected dates for vacation the dates can
be changed only to accommodate another bargaining unit member with greater seniority and
the request to change by the senior bargaining uait member is made at least ninety (90) days
prior to the first day of the previously scheduled vacation_
29.4:
In the event of a vacancy in any department or division, including promotional vacancy,
seniority will be given reasonable consideration but will not be the determining factor,
29.5: Seniority will be given reasonable consideration in the selection of any bargaining unit member/~-~
to be sent to any type of schooling but shall not be the detorllninlng factor, fl ~' [ ;
P.B.A Contract October 1, 2004 to September 30, 2007 22
30.1:
30.2:
30.3:
30.4:
30.5:
30.6:
30.7:
ARTICLE 30
LAYOFF AND RECALL
Definition - A layoff is a reduction in the number of employees within the Department due to
lack of work, lack of funds, or for any reason other than the aots or delinquencies of the
employee. The City will lay off employees as herein provided.
Order of Layoff - ha the event of a layoff for any reason, bargaining unit members shall be laid
off in inverse order of their semority in their classification as defined in Article 29, Seniority.
A bargaining anit member to be laid off who has advanced to his/her present classification t~om
a lower classification in whish he/she held a permanent position shall be given a position in the
lower classification within thc department. His/her seniority in the lower classification shall be
established according to the date of his/her permanem appointment to that classification
including time accrued at a higher classification.
Bargaining unit members shall be recalled from layoff according m the seniority in the
classification fi'om which the bargaining unit members were laid off. No new employee shall
be hired in any classification until all bargaining unit members on lay-off status in that
clnssifieat/on have had an oppommity to remm to work.
The City is not obhgated to recall bargaining unit member after be/she has been on layoff for a
period of two (2) years.
Bargaining unit members shall be notified of their recall to work by phone. If direct contact to
the former bargaining unit member is not made, a registered letter will be marled to their
address of record and be/she shall be given twenty (20) calendar days to rctum to work. A
recalled bargaining unit member nhall notify the employer in writing within ten (10) calendar
days of receipt of the recall lotter of his/her intent to return to work.
A bargaining unit member laid off pursuant to this Article shall be given the opportunity to
continue insurance coverage in existing programs during the lay-off period provided that
premiums for sush insurance programs available under the Insurance Policy shall be paid by the
bargaining tl~it member cea a monthly basis in advance of the month due.
Recall will be at the current rate of pay for the classification but not lower than when the
bargaining unit member was laid off. Upon recall, all credit for salary fi-inge benefits ~hall be
restored as of the date of layoff.
ARTICLE 31
PROMOTIONIONAL EXAMINATIONS
31.1: Eligibility for Positions within the Bargaining Unit:
Police Sergeant:
Four (4) consecutive years as a City of Sebastian Police Officer fxom the most recent date
of hire.
31.2: Prcanotional oltaminations shall be given when a vacancy for Sergeant exists if there is not a
p currem eligibility list in effect. The ~ R~.oure.es. Director or designee shall administer all
promotional examinations for the ber~ ming umt position of Sergeant.
.B.A Contract October 1, 2004to September 30, 2007 23
31.3:
Whenever a budgeted vacancy exists for the rank o£ Sergesnt, the City shah promote an
employee to fill such vacancy, w/thin thirty (30) days, fi.om the existing eligibility list. If the
eligibility hst has expired or has been exhausted when a Sergeant vacancy occurs, the City shall
estabhsh a new eligibility list within one hundred twenty (120) days. Upon certification of the
new eligibility list, the budgeted Sergeant vacancy shall be filled within thirty 00) days. The
promotional eligibility list shall remain in effect for one (i) year or until the list is exhausted,
whichever comes first.
A. Promotional testing shall consist of a written examination, oral review board and an in-
basket skills assessment.
The written exam shall contain no more than 100 multiple-choice questions and
~hal! be purchased ~om an outside agency.
The oral review board shall consist of three (3) Lieutenants (or higher) from
other agencies and (2) representatives from the City of Sebastian's Pohee
Adm/mstration. Thc oral review board shall consist of law elfforcement
scenario type questions that shall be approved by the Chief or his designee.
Each candidate shall respond to (5) scenarios. Each scenario shall be rated I -
4 by each evaluator. The highest and lowest scores will be thrown out leaving
three seures to be calculated. The three scores ~hal! be averaged and then the
resulting point value multiphed by .25 to obtain the 25% value.
The m-basket skills assessment shall be developed based 'on the actual duties of
a City of Sebastian Police Sergeant. An outside consultam may be ufihzad to
assist hi the development. The skills assessment shall be scored from 0 - 100.
The score will be multiphed by .25 to obtain the 25% value.
To move fi.om the written examination to the oral review board and in- basket skills
assessment, the candid~*~ must score at least a 70. The score will be multiplied by .50 to
obtain the 50 % value to be added to the oral review board and in-basket skills
assessment score. Iftbe candidate scores less than 70 On the written portion, they will be
excluded fi.om the remainder of the promotional process.
31.4:
After all testing is complete; all scores will be added together to get an overall total for the
entire promotional ~x. amlna~on process. An ehgibflity list will be estabhshed in ranking.
31.5.:
The Chief may select any one of the top three (3) candidates on the eligibility list. When
considering the top three candidates, the Chief may consider additional factors such as
educational background, years of service to the agency, experience in special assignments,
evaluation and disciplinary history, and other information that would help determine the best fit
for the depa.iment's needs.
31.6:
31.7:
P.B.A Contract
Examination and Posting Requirements:
A. Examinations will be posted 90 days in advance.
B. The closing date shall be 30 days from the posting date.
C. The posting shall include the minimum requirements and an informational reading list
for the w,itten ~an.
The promotional probationary poriod shall be six (6) months in duration. The probatiounr~
period ~n be ~x~a~nded for an addi~ienal three (3) montks by the Chief with approval from
October 1, 2004 to September 30, 200? 24
Human Resources Director. The probationary period may be extended further ff thc
probationary employee is incapacitated because of illness or injmy. If an employee promoted
to the position of Sergeant is found unsuited for the work of the position during the
probationary perioth he/she shall be reinstated to his/her former position.
32.1:
32.2:
32.3:
ARTICLE 32
PROBATIONARY PERSONNEL
All new employees of thc departmant ,ehs]l serve a probationary period of one (1) year, which
may be extended for a period not to exceed six (6) months ut thc Police Chief's discretion,
during which time they shall not be entitled to may seniority or tenure rights but during such
period shall be subject to all the terms and conditions of this agreement.
Upon completion of said probationary period, employees shall be known as permanent
employees and seniority rights and tenure shall accrue from the commencement of the
probationm-y period and ~hall be considered a part of such employee s semonty ghts.
A probationary employee shall have all the tights of the grievance procedure except where said
employee is terminated for failure to sa~faetorily complete his/her probation as determined by
the Police Chief.
33.1:
ARTICLE 33
VACATION LEAVE
Eligibility - Only regular fall-time employees arc eligible for paid annual leave.
33.2: Aeerunl Rate
Annual leave is earned on a pro-ram bi-weekly basis. The bi-weekly pay period is
divided over twenty-six (26) pay periods. Full-time bargaining unit members will aca~le
anmml leave based on their years of service with the agency. To clari~ the rate a~ which
an employee accrues anmml leave the following table will be used.
Table #1:
Continuous Unbroken Years of Service
Length of Service: Bi-weekly
1 Year but less than 5 Years
5 Years but less vhan 10 Years
10 Years but less than 20 Years
20 Years plus
L~ave
Aeenlal Rate Hours Earned
3.077 hom~s 80 hours
4.615 hoars 120 hoars
6.153 hours 160 hours
7.692 hours 200 hours
B. No anm~al leave may be taken during the first six month~ of employment.
~33.3:
Annual leave accrual rate changes take affect on the bargaining unit member's
anniversary d_ate. For thc purposes of this section "anniversary date" shall mean those
one-year increments fx0in the date of employment.
Request for Annual Leave
October 1, 2004 to September 30, 2007
P.B.A Comract
25
A request for annual leave shall be submitted in writing to the bargaining unit member's
mUnediate supervisor for signature and will proceed up the chain of command to the Police
Chie£
B. A request for leave shall not be granted if the bargaining unit member has no accrued
balance of annual leave. Annual leave shall not be used in advance of its being earned.
The minimum charge against the accrued anmlal leave balance is one (1) hour. One (1)
hour shall be deducted from a bargaining ~ member's accrued leave balance for each
hour, or part thereof, that a bargaining unit member is actually absent from his/her duty
station.
D. Annual leave shall not be taken in advance of its approval by the Police Chief or his
designee.
33.4: Use of Annual Leave
A. Annual leave may be used for the following reasons:
1. Vacation
2. Absences from duty for mmsantion of personal business that caanot be conducted
outside of working hours.
3. Religions holidays not designated as official holidays.
4. Medical leave if sick leave balance has been exhausted.
5. Any other absences not covered by existing leave provisions, at the discretion of
the Police Chief.
Any bargaining unit member who becomes sick while on annual leave may substitute
accrued sick leave for nnmlal leave for the period of illness. Upon the request of the
Police Chief or his designee, the bargaining trait member shall supply appropriate
certification from a physician as to the nature and duration of the illness.
Bargaining unit members will not be allowed to carry over from one fiscal year to the
next more than two (2) years' worth of accrued annual leave. If during the year the
bargaining ~ member accrues more ~'han two (2) years' worth of annllal leave, they will
have until the last full payroll period in the fiscal year to bring their time balances down
to the two (2) year maximuar. If thc bargsining unit member does not bring the time
balance down to the two (2) year maximum by the last full payroll period of each fiscal
year, they will forfeit all hours in excess of the two (2) year maximum carryover. Annual
leave will continue to accrue beyond the limitations set forth above when a Department
Head ~ails to grant annual leave when requested in writing by an employee under the
provisions of this article. Proper documentation signed by the bargaining unit members
department head will be fomarded to the Finance Department where it will be kept on
file indicating the reasons for not granting the requested leave.
33.5: Vacation Cash-in:
(a)
Bargaining Unit Members will have the option of cashing in up to (40) forty vacation
hours per year tithe following requirements are met:
P.B.A Contract
The bargaining unit member has a minimum balance of 40 hours after the cash-in.
The bargaining unit member took at least 40 consecutive anmml leave hours ~
during the fiscal year. Holiday hours do not count towards the 40 hem. ( ~ L,0~)
October 1, 2004 to September 30, 2007 26
33.6:
Request for cash-in must be submitted to the Human Resources Department by the last
full payroll period of each fiscal year. Payment will be made the first paycheck issued
in December.
Separation from Employment
Upon retirement, resignation, or other separation fxom the service of the City a regular full-fimc
bargaining unit member shall be entitled to be paid for the accrued balance of onnual leave at
the rate of pay received by the bargaining unit member on the date of separation.
ARTICLE 34
SICK LEAVE
34.1: Eligibility - Only regular full-time employees are eligible for sick leave with pay.
34.2:
AccmalofSickLeave
Regular full-time employeeS accxee leave at the rate of ninety-six (96) hours per calendar
year. Sick leave will acca'ue bi-weekly over twenty-six (26) periods. To clarify the rate
at which an employee accrues sick leave the following table will be used.
Table # 1:
Full Time Bargaining Unit Members
Length of Serviea
Bi-weekly
Accrual Rate
Annual Leave
Hours Earned
All years of service 3.692 hours 96 hours (12 working days)
B. Sick leave doeS not accrue while an employee is on leave of absence, leave without pay,
or sick leave, unleSs the sick l~ave is the result of injury in the line of duty.
34.3:
Requ~'t for Sick Leave
A bargaining unit member who is incapacitated and unable to work shall notify his/her
supervisor prior to the bargaining unit member's scheduled reporting l/me. The
bargaining unit member shall state the nature of the incapacitation, its expected duration,
and expected period of absencc. The barg'aining unit member shall repeat this procedure
on each day he/she is nnable to report to work, unless excused by the Police Chief or
designee, or ffthe bargaining unit member has a doctor's note excusing the bargaining
unit member for an extemled period of time. The City reserves the right to request the
bargaining unit member go to another physician, at the City's expense, to verify the
length of time needed to be out.
A bargaining unit member who is out of work for throe (3) or more consecutive days
shall, upon returning to work, submit to his/her supervisor appropriate written
.... e illness.
documentatton for the rock leave, along with a doctor s note of th
34.4:
P.B.A Contract
Use of Sick Leave
A. Sick leave may be used for the following reasons:
1. Employee ill health;
October 1, 2004 to September 30, 2007
27
34.5:
2. Matmmity;
3. Medical, dental, or optical treatment required during working hours;
4. Quarantine due to exposure to infectious disease;
5. Employee ill health while on armual leave;
6. In connection with Worker's Compensation;
7. For death in employee's immediate family to extend bereavement leave;
Illness of an immediate family member requiring the employee to remain at home
with ill family member.
B. Whenever it appears that a bargaining unit member abuses sick leave, such as
consistently using sick leave immediately upon its being accrued or before or after
holidays or scheduled days of[ the bargaining ullit member shall be required to furnish
proof of thc necessity for the claimed absence due to illness. The City reserves the fight
to require a physician's certification in ail cases of reported illness. Abuse of sick leave
shall constitute grounds for disciplinary action, up to and including termination.
C. Sick leave may not be used for absences due to illness or injm~ sustained while engaged
in outside employment.
D. Every bargaining unit member entitled to sick leave benefits end who does not take any
sick leave during such yearly period, shall be given one day's pay, which payment made
in the first pay period in December, and, in addition, shail be given his/her birthday off
with pay, subject to the work schedule and at the Police Chief's approval. If work
requirements do not reasonably permit the bargaining unit member to take off from work
on Ms/her birthday or ffthe birthday falls on a holiday or day off; some other mutually
agreeable day near the bargaining unit member's birthday may be taken off with pay.
The day's pay shall consist of'the number of hours of Shift assignment that the individual
is currently working and ehal! not be counted towards overtime pay.
Separation from Employment:
Upon separation from employment in good standing (resi~maation or retirement with a ~vo-week
notice or medical separation), a bargaining unit member is eligible to be paid for a percentage
of his/her accrued balance of sick leave up to a maximum of 600 hours. The percentage is as
follows:
ffseparated before completing first year - 0%
1 - 5 completed years of serviee - 25%
6 years to 10 enmpleted years of service -50%
Over 10 years completed years of service - 75%
35.1:
ARTICLE 35
PERSONAL LEAVE
Eligibility - Each regular full-time bargaining unit member shall be entitled to twenty-four (24)
working hours of personal leave per year.
P.B.A Contract
October 1, 2004 to September 30, 2007
36.1:
36.2:
36.3:
36.4:
36.5:
36.6:
36.7:
36.8:
ARTICLE 36
!,EAVE OF ABSENCE
An employee may be granted a leave of absence without pay for a period not to exceed one
year for sickness, disability, or other good and sufficient reasons, which are considered to be m
the best interests of the City.
Such leave shall require the prior approval of the Police Chief and the City Manager.
Except under unusual cimumstances, voluntary separation from the City service in order to
accept employment not in the City service shall be considered as insufficient reason for
approval of a request for leave of absence without pay.
The leave of absence may be withdrawn by the City Manager, and the employee recalled to
service if the need for the leave no longer exists.
An employee granted a leave of absence must submit a written statement monthly to the Police
Chief advising Ins/her status. A copy of this writtea status report will be forwarded to the City
Manager.
Failure of any employee to return to duty upon expiration of his leave of absence shall
constitute the resignation of that employs.
Holidays, sick leave, annual leave, and any other benefits based on time spent in the employ of
the City shall not accrne during a leave of absence, provided however, that the employee may
maintain his health insurance program by paying the total cost of his group insurance program
plus the administrative fee allowed by law. Longevity increases, merit increases, and any other
increases for which the employee may become eligible based, in whole or in part, on length of
service with the City shall not be credited during any period of leave of absence in excess of
thirty (30) days in any one calendar year.
An employee may return from a leave of absence at the next available opening in his&er
classification. An employee returning from leave of absence shall be paid a~ the same step of
his ~lnry grade as at th~ time of commencement of the leave of absence.
37.1:
37.2:
P.B.A Contract
ARTICLE 37
GRIEVANCE PROCEDURE
In a mutual effort to provide a harmonious working relationship between the parties to this
Agreement, it is agreed and understood that there will be a procedure for the resolution of
grievances between the parties and that such procedure shall cover grievances involving the
application or interpretation of this Agreement, and grievances involving disv. harge, suspension,
demotion, or any other adverse perseanel action against a member covered by this Agreement.
Every effort shall be made by the parties to settle every grievance as exp~difionsly as possible.
Any grievance not answered by blanaEemeat within the prescribed time limits shall
automatically advance to the next highest step. Should the grieving party fail to observe the
time limits as set forth in the steps of this Article, his/her grievance shall be considered
conclusively abandoned.
October 1, 2004 to September 30, 2007
29
37.3:
Where a grievance is general in nature, in that it apphes to a number of employees rather than a
single employee, or if the grievance is directly between the P.B.A. and the City, such grievance
shall be presented by the P.B.A.'s representative, in writing, directly to the Chief of Police,
Step 3, within ten (10) working days of the occurrence of the event(s). If the grievance ha~ not
been settled to the satisfaction of the bargaininoo mt members, then the grievance may be
appealed to the City Manager, Step 4.
37.4: Grievances shall be presented in the following
Step 1.
The bargaining unit member shall present and attempt to resolve any grievance with
the immediate supervisor within ten (10) working days of the occurrence of the
event(s) which gave rise to the grievance or fi.om the date on which the bargaining
unit member became aware of the cause of the complaint. If the event(s) which give
rise to grievance occurred at the time when the bargaining unit member was on
annual leave, sick leave, or other compensated leave, the ten (10) working day period
shall commence vmning immediately apon remm to duty. The first step shall be on
an informal and ora/ basis; however, the bargaining unit member may have PBA
representation present during the discussion Within tim (10) working days after the
discussion, the immediate supervisor shall reply to the affected bargaining unit
member, in writing, of the decision.
Step 2.
If the grievance has not been resolved to the satisfaction of the bargaining ul:fit
member at Step 1, the grievance may be reduced to writing signed by the bargaining
umt member and presented to the next level of supervisor, the Division Commander,
no later than ten (10) working days after the immediate supervisor's response was
rendered in Step 1. The grievance as specified in writing shall be discussed by and
between the bargaining unit member and P.B.A. representative and the Division
Commander w/thin ton (]0) working days after the request for the Step 2 grievance
hearing. The Division Commander shall reply to the affected bargaining unit
member(s) and the 'P~B.A, in writing, of thc decision within ten (10) working days
after the close ofthe meeting.
Step 3.
If the grievance has not been resolved to the satisfaction of the bargaining unit
member at Step 2, the grievance may be appealed to the Police Chief no later than
(10) working days after the response was rendered in Step 2. The grievance as
specified in writing shall be discussed by and between the bargaining unit member
and P.B.A. representative and the Police Chief within teal (10) working days al/er the
request to move the grievance to Step 3. The Police Chief shall reply to the affected
bargaining unit member(s) and the P.B.A, in writing, of tho decision w/thin ten (10)
worldng days after the close of the meeting.
Step 4.
If the grievance has not been settled to the satisfaction of the bargaining unit
member(s) at Step 3, the decision may be appealed by presenting the writt~m
grievance to the Human Resources Director no later than t~n (10) working days a~er
receipt of the decision of the Police Chief or designee at Step 3. The H, man
Resources Director shall conduct a meeting with thc affected bargaining unit
member(s) and a P.B.A. representative within ten (10) working days after receipt of
the appeal and shall reply to the affected bargaining unit member(s) and the P.B~, in
writing, of the decision within ten (10) working days after the dose of the meeting.
Step 5.
P.B.A Contract
If the grievance has not been resolved to the satisfaction of the bargaining unit
member(s) at Step 4, the Human Resources Director's decision may be appealed to
the.~ity Manag.?- not later than ten (I0) working days afar r~eipt of the Step ~',
docmon. The City Manager shall meet with the affected bar~ining unit member(~
October 1, 2004 to September 30, 2007
37.5:
and a P.B.A. representative within ten (10) working days after receipt of the
grievance and shall reply, in writing, wilhin ten (10) working days after the close of
the meeting.
A. For the limited purpose of this Article, a working day shall be from 8:00 a.m. to 4:30
p.m., Monday through Friday, exclusive of holidays observed by the City.
B. The time limits set forth in the grievance procedure above shall be strictly adhered to by
both parties to flxis agreement but may be lengthened or short, ned by mlj~ml agreom~
in writing.
C. Representatives of the City and P.B.A. shall acknowledge receipt of grievances by
si~maing and dating the form when presented or received.
D. Any grievance not advanced by the bar~ining unit member(s) to the next higher step
within the time limits provided nhall be considered settled on the basis of the answer most
recently given. If the City does not answer a grievance within the time limits provided,
the b~ ining unR member(s) may elect to treat the grievance as denied at that step and
immediately advance the grievance to the next step.
E. No action or maxtor shall be considered the subjeet of a grievance unless a written
complaint is made w~hin ten (10) working days of its oceunence or within ten (10)
working days fxom the time the aggrieved employee(s) became aware or by use of
reasonable diligence should have become aware of the cause for complaint. The City
shall not be subject to any liability for any period more than ten (10) working days prior
to the date the grievance was filed in writing.
F. In the event the grievance involves a group of bargaining unit member(s) who do not
have the same immediate supervisors, the grievance shall first be presented to the Police
Chief as indicated in Step 3 of this procedure: The subsequent steps of the grievance
procedure as outlined m this Article shall then apply.
In aceordanee with State law, the P.B.A. shall not be obligated to process a grievance of a
non-member.
The P.B.A. shall have the right to file grievances in the third step of the grievance
procedure in any non-disciplinary matter involving the interpr~fion or appheadon of
this Agreement, provided however, that this right shall be strictly limited to those matte~
where the P.B-& can faffmally demonstrate:
a. That the matter is covered by a provision of the Agreement; and
b. That the matter involves the interpretation or application of that provision; and
c. The grievance does not seek to add to or subtract fi-om any provision of this
Agreement.
ARTICLE 38
ARBITRATION
38.1: If no satisfactory agreement of a grievance has been reached ,mrler the procedure in Article 37,
, ~ ~na the ~rievance or dilute relates to the determination of figl~ and obligations conferred or
'../' ~ I,,{,~ } ~-rr~'.,~te~-y-this Agreement, and a written ren~uest for arbitration is made bYthe Uni°n wj*hin
'~'-Z~.B.A Contract October 1, 2004 to September 30, 2007 31
fffieen (15) working days after the final answer m Step 5 of the grievance procedure, such
dispute shall be submitted for final and binding arbitration m accordance with the following
procedure.
38.2:
The City and the P.B.A. shall, within one (1) week of the election by either party to arbitrate,
meet to mutually agree upon an arbitrator. In the event an impartial arbitrator cannot be
mutually agreed upon, the panties may select an arbitrator from a Federal Mediation and
Conciliation Service (FMCS) panel or panels of not less than seven (7) names. In the event that
either party, b~'ore striking of names occurs, feels that the panel is unsatisfactory, that party
shall have the right to request one (1) additional panel. W~ithin tgll (10) working days of receipt
of the panel, the arbitrator shall thereafter be selected from the panel of arbitrators by attemate
striking of unmes until one (1) name remains. The patay who strikes first shall be determined
by the toss of a coin by the City. The City will promptly notify the arbitrator of the
appointment.
38.3.0: Thc arbitration shall be conducted under the roles set forth in this Agreement and shall proceed
as follows:
38.3.1:
Upon notification of appointment, the arbiuator nhall communicate with the parties as soon as
practicable to arrange for the date and place of hearing; or, if questions of material fact are not
at issue, to arrange for the joint submission of stipulations of fact and relevant documentation
cogceming thc grievance.
38.3.2:
If no hearing is to be conducted, each party shall submit to the arbitrator its statemeat of
position regarding the grievance. Prior to the date of heating or submission of documents, thc
parties shall, jointly or separately, provide the arbitrator with a written ~_.~_emont of the issue or
issues to be resolved m thc arbitration proceeding.
38.3.3:
The arbitrator nholl have exclusive jurisdiction and authority to resolve grieVances as defined in
this Agreement. The arbitrator ahall have the authority to issue subpoenas enforceable in any
court of compctem jurisdiction and shall arlmininter oaths to all witllesSes testifying in any
proceeding.
38.3.4: Thc arbitrator shall have no authority to change, mend, add to, subhaet from, or otherwise
alter or supplement this Agreement or any part thereof or ameadmem thereto.
38.3~5:
Thc arbitrator shall have no power to consider or role 3~pon any matter which is stated in this
Agreement not subject to arbitration or which is not a grievance as defined in this Agreement or
which not covered by this Agreement.
38.3.6: Except as provided in Section 3.2, thc decision of the arbitrator shall be based solely upon the
evidence and arguments presented by the respective parties in the presence of each other.
38.3.7:
Upon timely notice prior to the scheduling of hearings and when mutually agreed, the
consolidation of one (1) or more grievances hascd upon similar circumstances for hearing and
resolution before the same arbitrator shall be permitted.
38.3.8:
P.B.A Contract
The arbitrator shall render a decision not later than thirty (30) calendar days at, er the
conclusion of the final hearings. Thc findings of the arbitrator made m accordance with the
jurisdictional authority under thi.~ Agrecmoat shall be final and binding on the parties. Thc
arbitrator's decision ~hall be in writing and shall Set forth thc arbitrator's findings
conclusions on the issues submitted unless agreed in writing by the parties.
October 1, 2004 to September 30, 2007 32
38.3.9:
38.4.0:
38.4.1:
The party claiming misin~rpretation or misapplication of this Agreement shall have the burden
of proving its contention by a preponderance of competem evidence.
This Agreement constitutes a contract between the parties that shall be interpreted and applied
by the parties and the arbih-ator m thc same manner as any other contract under the laws of thc
State of Florida. The function end purpose of the arbiWator is to determine disputed
interpretations of terms actually found in the Agreement or to determine disputed facts upon
which the application of the Agreement depends. The arbitrator, therefore, shall not have the
authority to change the intent of the parties as determined by generally accepted rules of
coxfu~ construction. The arbitrator shall not render any decision, which, in practical or actual
effect, modifies, revises, detracts from, or adds to any of the terms or provisions of this
Agreement.
The costs for the services of the arbitrator shall be borne by the losing party. The parties shall
bear the costs of their own representatives and wimesses. One (1) P.B.A. representative who is
on duty shall be entitled to attend arbitration hearings at straight time rates. Either party
desiring a transcript of the arbitration hearing shall be responsible for the cost of the transcript
unless otherwise agreed to, in writing, by the parties.
ARTICLE 39
PERFORMANCE RATING REVIEW
The City and the P.B.A. agree that the Police Departm~t's Gone. a-al Orders governing Performance
Rafng Review will be followed for the life of this agreement.
ARTICLE 40
GROUP HEALTH INSURANCE
40.1:
40.2:
During the renu of this Agreemem (October 1, 2004 - September 30, 2007), the Employer
agrees to pay the prominm to provide group insurance coverage to all regular full-time
baa'~ining unit members.
In the event that the premium rate for dependent group coverage increases, the Employer agrees
to notify the P.B.A. as soon as is practicable. The P.B.A. ag~es that the Employer may, at its
discretion, obtain substitute insurance coverage from another carrier or require cach covered
bargaining unit member to contribute his/her pro-rata share of the increased premium cost for
dependent coverage, whichever may be applicable. In the event that the carrier increases the
premium rate for dependent group insurance coverage, the parties agree to abide by Section
40.3 of this article.
40.3:
Any bargninlng unit member who elects to participate in the group insurance dependent
coverage option plaa will pay fii~ (50%) percent of the cost of the premium. The member
shall pay any additional supplemental insurance that is optional coverage to the bargaining ~
member.
40.4:
P.B.A Contract
The City agrees to pay ~ (50%) of the costs of single coverage group (health only) insurance
for up to two (2) years for qualified bargaining unit members who retire from the City at, er
being ~10yed bythe City for twenty (20) years in a ~-fime capacity.
October 1, 2004 to September 30, 2007
33
ARTICLE 41
CLOTHING MAINTENANCE EQUIPMENT AND VEHICLES
41.1:
The present practice of thc City's Police Deparlmcut in regard to famishing uniforms shall be
continued.
The City will provide the following equipment at no cost to the bargaining unit member: one
(1) hand-held radio to all sworn Officers; four (4) pairs of trousers (additional as needed); four
(4) short-sleevad shirts (additional as needed); one (1) long-sleeved dress shirt; one (1) tie; cue
(1) winter/summer jacket; 2 pairs of shoes or boots per year as needed; one (1) sidearm and
ammunition; 2 collar insignias, as needed; one (I) large badge; one (1) small badge; one (1)
rechargeable fl~hllght; one (1) hat4 one (1) ballistic vest; and, one (1) duty bolt and
aCCeSSOries.
41.2:
Any l:hll'gaining lmit member who shall receive breakage, loss or damage to any of above listed
equipment, in the line of duty, uha!l have such equipment replaced at no charge to the
b~ga~ ining unit in0mber.
41.3:
Personal equipment which is lost, broken or damaged, in the line of duty, shall be replaced
aecerding to the following sohedule; wrist watch, not to exceed replacement cost or $60,
whichever is less; handeuffis at replacement cost; eyeglasses up to $200; and miscellaneous
items not to exceed $100 in the aggregate.
As to all items listed above, each bargaining unit member shall submit a detailed list of such
items, including miscellaneous items, for filing with the Police Chief. Items not listed shall not
be replaced at the cost of the City. When any such item is changed, it is the responsibility of
the bargaining unit member to amend his/her list on file with the Police Chief.
41.4: Each bargaining uuit member will receive $45.00 per month for uniform cleaning.
41.5:
The City agrees to provide take home vehicles to all bargaining umt members who have
completed their field training program and are operating as solo officers. This vehicle take
home program will be extended to all b~gainlng lmit members who reside within a 20-mile
radinsofthe Sebastian Police Departmcut. The Police Chief may waive the 20-mile
restriction. Police Vehicles assigned to a police officer becomes that officer's responsibility~ It
will be that officer's responsibility to llmintain that vehicle in a clean and orderly condition and
to ensure that all scheduled or needed maintenance is performed. Each police vehicle shall be
checked by the assigned police officer in accordance with departmental policy prior to each
shift and the check-off log filed with the Shift Commander. B~gaining Unit members will be
denied the use of a city take home vehicle in those instances wherein a member has been found
to have violated a Department policy or due to a shortage of operable vehicles where no pool
cars are available. If the bargaining unit member fails to properly lllall~in his or her vehicle,
then the Police Chief can suspend the vehicle take home privilege of that member.
If a vehicle driver finds any fault in the vehicle that might cunstitute a safety ha~ard, the driver
shall immediately advise his/her Shit~ Commander. If the Shift Commander agrees, the vehicle
will not be returned to duty until the safety hazard(s) am eliminated.
41.6: Patrol vehicles will contain equipment in accordance with Deparlmantal Policy.
41.7: Ballistic vests will be worn in accordance with departmental policy Ballistic vests shall
tailored to each individual officer. An officer may be excused f~om ~earing a ballistic vest
medical reasons as determined by a physician seleeted by the City.
P.B.A Contract October 1, 2004 to September 30, 2007
ARTICLE 42
TUITION PAYMENT PLAN
TU1TION PAYMENT PLAN: paymem of tuition by the City of Sebastian for approved educational
or t~'uining programs will be m conformance with the following:
42.1:
42.3:
42.5:
42.6:
42.7:
Eligibility for Participation in Tuition Payment Plan - All mgadar full-time bargaining unit
members are eligible for participation in the City's Tuition Payment Plan up to the limit of the
funds available for education. This program is available only to bargaining unit members who
have successfully completed their one-year probationmy period.
Tuition Payment Plan - The City of Sebastian will, upon approval of the Polic~ Chief, the City
M,?ffiager, ~ the City Hnman l~soItrCes Director, pay tuition of regular fnll4Jme bargaining
unit members for any eligible training or educafiol:h~ll program/course. An eligible training or
educational program/coarse is one that, in the judgmem of the Human Resources Director, the
City Manager, and the Police Chief; is directly related to the employee's current position or to a
related higher position, and which will improve performance in a cm,r~ position or which
constitutes preparation for promotion m related higher responsibilities. Post graduate (~x.
Master's, Doctorate ,etc.) programs are not included within the tuition payment plan.
Application Procedure - A bargaining unit member desiring to participate in the City's Tuition
Payment Plan shall submit an application fiRe~ (15) working days in advance to the Police
Chief requesting approval for Plan participation. If the Police Chief recommends the education
program~ his recommendation will be forwarded to the Human Resources l)ireetor and the City
Manager for final approval.
Course Completion - If thc employee achieves a grade of "C" or b~er in a course which is
graded -- or ff the employee receives a '~ass" in a course which is graded on a pass/fail basis -
he/she will submit an official copy of his/her grades along with proof of his/bet payment for
tuition, required books, or lab fees to the Police Chief. Reimbursement for tuition shall be
made in accordance with City policy for roimbursemem*~ The ran!uloyce's personnel record
will be documented with his/bet education achievement. Textbooks shall become City property
at the completion of the course and turned over to the Police Chief or his designee.
Traaspodatlon - Transpo~ation under the Tuition Payment Plan shall be at the bargaining unit
member's expense.'
Maximum Reimbursement - The reimbursement shall be available for a maximum total of
twenty-for (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal year period
for eligible regular bargaining unit members pending budget authorization and avnilabili~ of
funds. The mammum tuition rate to be reimbursed for participating in the City's Tuition
Payment Plan for college-level courses is that established annnally by the S*_st_e Legislature for
state supported schools. Should an employee select to attend a non-State school, he/she is
r~ponsible for the difference in tuition.
Service Requirement -Bargaining unit members, who are reimlmrsed for such courses, agree to
remain employed by the City of Sebastian for at least two (2) years afmr completion of the
coarse(s). Should an employee leave the City service within two years at~ completion of the
course(s), he/she is required to return any payments to the City or it will be deducted from
his/her final paycheck.
Colltraet
October 1, 2004 to September 30, 2007
35
48.1.1:
48.1.2:
ARTICLE 48
DURATION OF AGREEMENT, DATES
This Agreement shall become effective upon the date of ratification by the parties, and shall
remain m full force and effect until 12:00 midnight September 30, 2007.
This Agreement shall be renewed automatically from year to year thereaf~ unless either party
has given written notice to the other on or before June 15, 2007, or by June 15 of any year
thereafter of its desire to negotiam a successor agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands, this Day
·2004.
COASTAL FLORIDA - 'CITY OF SEBASTIAN
POLICE BENEVOLENT ASSOCIATION FLORIDA
By: By:
Jason Mills, Police Officer
Terrence R. Moore, City Manager
By: By:
Steven Marcinik, Police Officer
James A. Davis, Police Chief
By: By:
Tony Valicenti, P.B.A. Representative
James Sexton, Human Resources Director
Approved as to form and content:
By:
Rich Stringer, City Attorney
Attest:
Sally Maio, CMC
City Clerk
P.B.A Contract
October 1, 2004 to September 30, 2007
HON~ OF PE, I, JCAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Purchase Of Crew Cab Service
Truck For Stormwater Division
Approved for Submittal by:
Te~nce R/.A~or~ ~
Agenda No. 0/~. 2.~5
Department Origin: Strm.
Purchasing/Contracting:
Finance Director: f~/~_
City Attorney: ......
City Clerk:
Date Submitted: November 5, 2004
For Agenda of: November 17, 2004
Exhibits: Vehicle Contract Quote, Florida Sheriffs Association Bid Award
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
$27,730.00 $ 27,730.00 REQUIP, ED: N/A
FUNDING SOURCE:
N/A
SUMMARY
The purchase of this service track was included in the approved budget for FY 2004-05 to replace
crew service track SW605, a 1993 Ford with over 85,000 miles. The Stormwater Division is
requesting authorization to order this vehicle as soon as possible. Replacement of the SW605 as
early as possible in the budget year will reduce repair and maintenance expenses to the old unit,
which will be sold at auction. The vehicle selected is t~om the Florida Sheriffs Association 04-12-
0824
RECOMMENDED ACTION
Move to authorize the purchase of one (1) Chevrolet Silverado 1 ton crew cab pickup (4~doors)
at a cost of $27,730.00 piggy backed on the Florida Sheriffs Association through Classic
Chewole~ of Winter Park.
~ag~(~): 1li
YE~itCAB CONTRACT QUOTE
(1~ COh~ BID ii, t~L~-~)
Data
B~e Model: Ohevrolet ~lilvamdo 1Ton Plokup Spec #: 19
R,gion: C, emml Etes, Un[ Pri~e; $ la~675.00
Ont~o~ Co,ie Oesori~on Onl~ Price
GREW
SV~BDY
GSO
BUA
2~.. 5. Mod~ Ohev S]lveraflo t 'Ton 2wd, pici~u.~
Ent~nde.d. ~; p~o~p ~; Include:
Full S~ e~e tire; H~W DuW ~l floor
40~0~0 splR ~h
To'al of Options: $
Totat Unit Quote.'"$ ~,73o.0o
comments:
Celt e: ., (4~} ~-7~0
. E-matt:
TOTAL P.OI
HOME 05 PELICAN
CITY OF SEBASTIAN
AGENDA TRANSMIrI'TAL
Subject: Municipal Park Names
"Ap~~ =~..~_.._~°v o~r~ittal by: City Manager
! Agenda No.
Department Origin:
Purchasing/Contracting:
Finance Director:
CityAttoeney: , ~-~
City Clerl~
Date Submitted: 11/02/04
For Agenda of: 11/i7/04
Exhibits: Proposed Municipal Park Names
EXPENDITURE REQUIRED: I AMOUNT BUDGETED:
IAPPROPRIATION
REQUIRED:
SUMMARY
As previously reported, the City'solicited via the Pelican Brief Commtlnity Newsletter for
.consideration, potential names fox the new municipal park. Attached for your consideration
is a listing of (27) twenty-seven suggested names.
RECOMMENDED ACTION
Consider name for the new municipal park.
Suggested Names for the City's Municipal Park
1. Central Park
2. Friendship Park
3. Highlands Park
4. Integrity Park
5. John Baird Municipal Park and Sebastian City Hall Complex
6. Kitchlng Municipal Complex Park
7. Liberty Park
8. Main Street Park
9. Newlmven Municipal Park and City Hall Complex
I 0. Paradise Park
11. Paul Kroegel Park
12. Pelican Park
13. Pelican Park
14. Pelican Place
15. Pelican Square Complex
16. Renaissance Sports Complex
17. Scmb-J Park
18. Sebastian City Parkplex
19. Sebastian City Place
20. Sebastian Creek Park
21. Sebastian Paradise Park
22. Sebastian Pelican Municipal
23. Sebastian Town Center (Centre)
24. Sun Village Park
25. The Sull.qhine Park
26. Veterans Park
27. Walter Barnes Municipal Park
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: City Clerk Performance Evaluation
Agenda No. 0~- Z Z 7
Department Origin: Human Resource~s~:la~
Purchasing/Contracting:
Finance Director:
City Attorney: f~./'
City Clerk: ~
Date Submitted: November 9, 2004
For Agenda of: November 17, 2004
Exhibits: NA
EXPENDITURE REQUIRED:
IAMOUNT BUIK;ETED:
APPROPRIATION
REQUIRED:
SUMMARY
As a result of the performance evaluations being received from City Councilmembers for the City
Clerk, Sally Maio, staff submits this transmittal to plac~ her appraisal on the agenda.