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HomeMy WebLinkAbout04252007 AgendacmuF _ = HOME OF PELit=AN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 25, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER SIMCHICK 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of Cify Council members (R-05-26) 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.090 A. Presentation of Plaques to Jeremy Halstead, Eric Suesz and David Blanco for Lifesaving Effort 07.091 B. Proclamation -National Nurses Week -May 6-12, 1007 -Inez Fielding, RN ~ Accepting 07.092 C. Proclamation -Arbor Day -April 28, 2007 -Tree Board Members Accepting 2 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 5-22 A. Approval of Minutes - 4/11/07 Regular Meeting 07.093 B. Award Janitorial Services Contract to GCC Commercial Cleaning (City 23-~9 Manager Transmittal, Contract, Bid Documents, Tabulation Sheet) 07.092 C. Approve Champion Tree Nominations -Certificates Will Be Presented on 81-85 Arbor Day (Tree Board Memo) 9. COMMITTEE REPORTS/RECOMMENDATIONS A. Citizens' Budget Review Advisory Committee 07.070 (City Clerk Transmittal, Code Section 2-167, Cardinale Application) 8~-s2 i. Appoint Alternate Member for One Year 07.071 B. Parks and Recreation Committee 93-96 i. Request from Chairman Don Wright to Amend the City Code of Ordinances to Eliminate Memberships by Zone (Code Section) 07.002 C. Planning & Zoning Commission s~-1os (City Clerk Transmittal, Code Section, Application, Member List, Ad) i. Interview Unless Waived, Submit Nomination for One Expired Regular Member Position for Term to Expire 5/2010 10. PUBLIC HEARING 11. UNFINISHED BUSINESS 07.084 A. Public Input Regarding Relocation of Fire Station #9 (No Backup) 07.057 B. Discussion of Proposed Language for Merger of Tree 8~ Environmental Board - 111-113 Tabled from 4/11/07 (City Attorney Transmittal from 4/11/07 Packet) 07.072 C. Review Meeting Procedures Resolution No. R-05-26 (R-05-26, Mayor Coy will 115-118 provide recommendations under separate cover) 12. NEW BUSINESS 07.093 A. Consider Waiver of Temporary Use Permit Fees in the Amount of $125 for American 119-121 Legion Post #189 Fundraiser (Transmittal, American Legion Letter) 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda 2 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mr. Paternoster B. Ms. Simchick C. Mr. Wolff D. Mayor Coy E. Mr. Neglia 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: May 9, 2007 - 7:00 p.m. -Regular Council Meeting May 23, 2007 - 7:00 p.m. -Regular Council Meeting June 13, 2007 - 7:00 p.m. -Regular Council Meeting June 27, 2007 - 7:00 p.m. -Regular Council Meeting 3 arv or ~~ ~~~Ir~~~ _~ HOME OF PELICAN ISLAND lO7ay 6 -12, 2007 WHEREAS, The nearly 2.7 million registered nurses in the United States comprise one of the largest health professions in the nation; and WHEREAS, the depth and breadth of the registered nursing profession is meeting the different and eme healthcare needs of the American population in a wide range of settings; and WHEREAS, a renewed emphasis on primary and preventative healthcare will require better utilization of our nation's registered nursing resources; and WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety quality of care of hospitalized patients; and WHEREAS, the demand for registered nursing services will be greater than ever because of the aging c American population, the continuing growth of life-sustaining technology, and the explosive growth of home r services; and WHEREAS, more qualified registered nurses will be needed in the future to meet the increasingly complex r of health care in this community; and WHEREAS, the cost-effective safe and quality healthcare services provided by registered nurses will t important component of the US healthcare delivery system in the future; and WHEREAS, this year's theme is "Nurses: Many Roles, One Profession", in celebration of the ways in ~ registered nurses strive to provide safe and high quality patient care and map out the way to improve our healt system. NOW THEREFORE, I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebas do hereby proclaim May 6 - 12, 2007 as National Nurse Week and ask all residents of this community to join me i honoring the registered nurses who care for all of us, and further, that the residents of Sebastian celebrate registere~ nursing's accomplishments and efforts to improve our health care system and show our appreciation for the nation's registered nurses, not just during this time, but at every opportunity throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florin ~~~~ ,. be affixed this 25th day of April 2007.' ~, f ~ ~ ~--~ i. ~ ~ Clll'OF ~ ~i SEBASTIAN J Andrea B. Coy, May ^! ; Q_ / ` ~ ~(~/ // 1/ V I , •J ~ : V 1-,1 FLORIDA ~' ~-a _ _ _ c I 1 AR~OIZ I)AY WHEREAS, IN 1872, J. Sterling :Morton proposed to the Nebraska Board of ~gric~ulture that a special day be set aside for the planting of trees; and WHEREAS, this Holiday, called Arbor Day, was first observed with the planting of more than a million rees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, each state may designate a day on which to observe Arbor Day, and the State of Florida has chosen to observe Arbor Day on the third Friday in January, and; WI~REAS, the nation celebrates Arbor Day on Apri129th; WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate temperature, clean the air, produce oxygen and provide habitat fqr wildlife; and WHEREAS;: trees are a renewable resource, giving us paper, wood for our homes, fuel'for fires and countlessotherwood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas and beautify our community, and wherever planted, are a source of joy and spiritual renewal. -NOW THEREFORE, I, Andrea B. Coy, by virtue of the authority vested in me as -Mayor of the City of Sebastian do hereby proclaim Apri128 2007 as "ARBOR DAY" and urge all citizens to support efforts to protect our trees and woodlands and support our City's .urban forestry program; and .further urge,all citizens to plant trees to gladden the hearts and promote the well-being of present and future. generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Oily ®f Sebastian, Florida, to be affixed this 25th day of Apri12007. Andrea B. Coy, Mayor C7 7, (~4 3~ NVMt Uf t'tLILAN IyIANU ~~ ~~Ei~~T1,A HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 11, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2 3. 4. The Mayor called the regular meeting to order at 7:00 p.m. Council Member Paternoster led the Pledge of Allegiance and the there was a moment of silence. MOMENT OF SILENCE A. Discussion of Invocation/Moment of Silence Mayor Coy said she had received a complaint about secular prayer during the invocation at the last Council meeting, that she had discussions with the City Manager and City Clerk, and noted receipt of a memo from the City Clerk regarding the history of invocations in the City. She recommended at this time that we go to a moment of silence rather than invocations until such time as a Council might want to bring it up in the future. It was the consensus of Council to have a moment of silence. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. Mayor Coy read the Civility Pledge. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Staff Present in Chambers: Airport Director, Joe Griffin Building Director, Wayne Eseltine City Engineer, David Fisher Finance Director, Shai Francis Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger Police Lieutenant, Bob Lockhart Police Officer, Roy Cole Police Officer, Paul Graves Interim Public Works Director, Jerry Converse MIS Systems Analyst, Barbara Brooke 0 Regular City Council Meeting April 11, 2007 Page Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-OS-26) The City Attorney requested addition of item E to the consent agenda for acceptance of a quit claim deed from the William and Nancy Carpenter for the Twin Ditches project. Mayor Coy requested deletion of item 12 A regarding meeting procedures until the next meeting because she was unable to provide her recommendations and wants to meet with Charter officers prior to doing so. On MOTION by Mr. Paternoster and SECOND by Mr. Wolff the agenda was accepted as amended and item 12 A was deleted on a voice vote of 5-0. 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.081 A. Presentation by Reverend Ron Thomas and Ruth Stanbridge -Kroegel Statue Reverend Ron Thomas said Mrs. Stanbridge was ill and not able to attend. He presented a replica of the Paul Kroegel statue, citing its history, and said with the permission of Rosalee Hume, the artist who created the statue, 25 signed statues are being offered in silent auction. He suggested members at the dais might want to contribute with a bid to obtain a replica for the City of Sebastian. He said he had left bid packages with the Mayor and people can call the Sebastian United Methodist Church for information. He then read a statement from Ruth Stanbridge, Indian River County Historical Society, and presented a new plaque for the Paul Kroegel statue in Riverview Park, to replace the plaque missing since the 2004 hurricanes. It was the consensus of Council to have the plaque mounted by City staff on the statue on Memorial Day. 07.082 B. Proclamation -North Indian River County Relay for Life -April 27 and 28 2007 ~ -Jerry Ahlersmeyer, Chairman Accepting Mayor Coy read and presented the proclamation to Relay for Life Chairman Jerry Ahlersmeyer. Mr. Ahlersmeyer thanked the City and Council for allowing the organization to conduct its event in Friendship Park and invited the public to participate in the event. 07.083 C. Proclamation -National Public Works Week -May 20-26 2007 3 Mayor Coy read and presented the proclamation to Interim Public Works Director, Jerry Converse. 0 2 Regular City Council Meeting April 11, 2007 Page Three 07.004 D. Certificate of Appreciation to Dale Simchick & Larry Birchmeyer for Temporary Environmental Advisory Committee Service Mayor Coy read and presented certificates of appreciation to Ms. Simchick. Mr. Birchmeyer was not in attendance. 07.084 E. Presentation -Indian River County Fire House #9 Location (Joe Baird/John Kin Indian River County Emergency Services Director, John King addressed City Council on a proposal to relocate the US 1 fire station, which was badly damaged in the 2004 hurricanes, due to the fact that there is insufficient area to rebuild a station that meets today's regulations on the present site. He said meetings began with former City Manager Terrence Moore during the construction of the new City Hall complex. He provided a power point presentation exhibiting locations from which calls for service originate. He said County staff met with the City Manager to discuss the possibility of locating station #9 to the west side of the City Hall complex campus. He exhibited a prototype station of 7500 sq ft with two bays, which could be designed on its exterior to match the buildings on the campus. Mr. Neglia said we need a fire station on the east side of the railroad tracks because of new commercial construction and possibility of train breakdowns. Mr. Paternoster agreed with the need for a firehouse east of the railroad tracks, thought it best to hear from the public about this proposed location, and expressed concern for lights and sirens on Main Street. Mr. King said he had found a property for $3.5 million, but this property is north of the city limits and additionally some time in the future there may be plans to build a third station in the area north of the airport. He said the train affects all communities up and down the corridor and is problematic every day. Mr. Wolff asked what kind of property he requires and Mr. King again exhibited the presentation showing the subject site. He said the County is currently spending $2 to $2.5 million for structure and site work which does not include the property cost. Ms. Simchick discussed the train blocking access and thought this might put locations east of the tracks in jeopardy; said it would be disruptive because of its proximity to the City Hall complex and she did not feel it was a good location. She noted the City was considering this property as a Community Center location. She said if the County decided to located west of the tracks she would prefer a station at the Sebastian airport in return for some infrastructure; and further maybe the City could take it off the County's hands for a volunteer emergency service. Mayor Coy said she is concerned about both stations being west of the tracks; and agreed with Mr. Paternoster that Council needs to hear from the public. 3 Regular City Council Meeting April 11, 2007 Page Four Indian River County Administrator, Joe Baird, said County staff had come to obtain a consensus and heard a clear consensus that Council was not favorable to this location. Mayor Coy said she was not prepared to make a decision and would like to put the issue on a near future agenda. Following further discussion on an appropriate location, the City Manager said he could place this item on the April 25, 2007 Regular Meeting for public comment. Mr. Baird reiterated he saw tonight that there was not a consensus of Council and he would get back with staff and look at other locations. Mayor Coy said perhaps if Council received citizen input it could shared with the County. Mr. Paternoster asked for any statistical data that County staff could provide. At this time, Mayor Coy allowed former Mayor, Brian Burkeen who is the Indian River County Emergency Services Chief, to speak at his request. Brian Burkeen, 786 Concha Drive, Sebastian, assured Council that the department deals with the railroad track issue every day and makes it work, what is not being said is if this property is not considered the County will take the station out of Sebastian, that this Council is served by this station and how will they tell their neighbors that there will be a response delay because it will be moved. He said Council needs to give some consensus so they can get to the next stage with the City Manager and see how the footprint will fit on the property and then hold public meetings for input. Ms. Simchick said it would be wrong to give direction to the City Manager at this time. Mayor Coy said the consensus she has received is this board wants to see the station east of the railroad tracks, and several members have concerns with using the property next door, and are not prepared to give a go ahead without public input which will take place at the Aprif 25, 2007 meeting. Mr. Gilliams requested to speak and Mayor Coy said she was not taking public comment at this time but the item would be on the next agenda for public comment. There was yelling from the audience and she said she had granted permission to Mr. Burkeen to speak and Council moved on to the next agenda item. 8. ITEMS NOT ADDRESSED FROM MARCH 28, 2007 REGULAR MEETING A. CITY CLERK MATTERS 07.076 to 3:30 ram at Citv Hall The City Clerk said FACC was seeking a location in the south end of their Central East District to conduct aone-day seminar for City Clerks and had asked about the City's facility. She said though the City's policy provides that the City Manager can approve use of the Chambers to other governmental agencies, she thought it best to seek the blessing of Council as a Charter OfFicer. There were no objections. Regular City Council Meeting 0 4 April 11, 2007 Page Five B. CITY COUNCIL MATTERS i. Mayor Coy 07.077 a. City Council Member Liaison Appointments to Various Regional 5-6 Boards and Committees (Transmittal, List) Mayor Coy suggested rotating names based on seniority and ask each member to list his or her choices. ^ Mr. Neglia -Treasure Coast Regional Planning Council member - Fellsmere Council member will be the alternate ^ Mayor Coy -Economic Development Council member ^ Mr. Paternoster -Metropolitan Planning Organization member - 1St member ^ Ms. Simchick -Metropolitan Planning Organization - 2"d member ^ Mr. Wolff -Hospital District member - no alternate ^ Mr. Neglia -Treasure Coast Council of Local Governments member ^ Mayor Coy -Land Acquisition Committee member ^ Mr. Paternoster -Tourist Development Council -Mayor Coy asked him to leave the alternate slot open and she would like to introduce him to Tim Michaud and provide him with his resume. She asked the City Attorney to research whether the alternate has to be an elected official and report back. ^ Ms. Simchick -Beach and Shore Preservation member ^ Mr. Wolff -Sebastian River Area Chamber of Commerce member ^ Mr. Neglia -Treasure Coast League of Cities member - no alternate ^ Mayor Coy -Elected Officials Oversight Committee for School Planning - no alternate ^ Chris McCarthy -Indian River County Recreation - no alternate ^ Mr. Neglia -Emergency Services member ^ Mr. Paternoster -Emergency Services alternate ^ Ms. Simchick -Economic Development alternate ^ Mr. Wolff -Metropolitan Planning Organization alternate ^ Mr. Neglia -Metropolitan Planning Organization alternate ^ Mayor Coy -Beach and Shore alternate ^ Mr. Neglia -Land Acquisition Committee alternate ^ Mr. Paternoster -Sebastian River Chamber of Commerce alternate ^ Ms. Simchick -Treasure Coast Council of Local Governments alternate 07.078 b. Assign Members to Attend Indian River County Commission ~ Meetings (Transmittal, Schedule) 2007 April -Mayor Coy is attending May - Mr. Neglia (not May 8`h -Mayor Coy will attend) June - Ms. Simchick July - Mr. Wolff September - Mr. Paternoster October -Mayor Coy November - Mr. Neglia December - Ms. Simchick Regular City Council Meeting 5 / ~/ ~ ~~ April 11, 2007 Page Six Mayor Coy called recess at 8:18 p.m. and reconvened the meeting at 8:34 p.m. All members were present. RESUME APRIL 11.2007 REGULAR MEETING AGENDA 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9-13 A. Approval of Minutes - 3/21/07 Airport Workshop 15-2s B. Approval of Minutes - 3/28/07 Regular Meeting 07.085 C. Sebastian River Art Club 2007-2008 Show Dates and Raindates in Riverview Park - 2s-3s Waive Fees by 50% Based on Community Contributions (Parks Transmittal, List of Dates and Information from Art Club, Park Use Permit Application) 07.086 D. Approve Purchase of Microsoft Licenses from Software House International by 37-41 Piggy-Backing off State Contract 255-001-01-1 in the Amount of$37,804 (MIS Transmittal, Quote from SHI, License Breakdown by Department, State Contract Pages) E. Twin Ditches Easement (added to agenda) Mr. Paternoster removed item D. On MOTION by Mr. Paternoster and SECOND by Mr. Wolff items A, B, C and E were approved on a roll call vote of 5-0. Item D Mr. Paternoster inquired for the benefit of the public why the City was spending this amount of money and the City Manager reiterated his report as set out on page 41 of the agenda packet, noting the City had been delinquent, had been audited by Microsoft and needed additional licenses to be current. Mr. Paternoster asked whether GIS was included in this cost and the City Manager said it was not, but had been purchased separately. Frank Losardo, MIS Director, said the City would be covered for seven to eight years with these licenses. Mr. Paternoster asked if the City needed additional hardware and Mr. Losardo said the City did not at this time. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, item D was approved on a roll call vote of 5-0. Regular City Council Meeting ~~ 6 April 11, 2007 Page Seven 10. COMMITTEE REPORTS/RECOMMENDATIONS 07.070 A. Citizens Budget Review Advisory Committee 43-63 (City Clerk Transmittal, Member List, 4 Applications, Ad) i. Confirm Coy, Simchick and Wolff Individual Appointments to 11/2009 Mr. Wolff appointed Bradley White. Mayor Coy appointed AI Davis. Ms. Simchick appointed John Oakes. Confirm Neglia Individual Appointment to 11/2008 (Paternoster Member Appointed in 2006 Serves to 11/2008) Mr. Neglia appointed Dwight Trout. iii. Interview Unless Waived, and Submit Nominations for Two At-Large Member Positions to Expire November 2008 City Council interviewed Ed Herlihy and Todd Klitinic. Mr. Cardinale was not present. Mr. Neglia nominated Mr. Herlihy. Ms. Simchick nominated Mr. Klitinic. There being no other nominations, Mr. Herlihy and Mr. Klitinic were appointed to the two at-large positions. 07.012 B. Construction Board 65-72 (City Clerk Transmittal, Application, Ad, Member List) i. Interview Unless Waived, Submit Nomination and Appoint Concerned Citizen Unexpired Position to Expire 9/2007 Mr. Paternoster nominated Ditmar Bulla. There being no other applicants or nominations, Ditmar Bulla was appointed. 07.001 C. Parks and Recreation Advisory Committee 73-ss ~Cit~Clerk Transmittal, Application, Originating Ordinance, Member List, Ad) i. Interview Unless Waived, Submit Nomination and Appoint Zone A Representative City Council interviewed Kelly Palfi. Mr. Paternoster nominated Ms. Palfi, and being no other applicants or nominations, Ms. Palfi was appointed. ~ II Regular City Council Meeting April 11, 2007 Page Eight 11. PUBLIC HEARING -None 12. UNFINISHED BUSINESS 07.072 A. Review Meeting Procedures Resolution No. R-05-26 (R-05-26 Mayor Coy will provide her recommendations under separate cover) This item was removed during Agenda Modifications. 07.087 B. Approve Airport Business Plan -Principal Guiding Documents for Sebastian 8s-s5 Municipal Airport (Airport Transmittal Amended Pages) (Document Provided Previously Under Separate Cover and is Located on City Website) The City Manager introduced the Airport Director and Dr. Byers, the consultant who prepared the document, and they addressed City Council on the guiding document and described changes and corrections as set out on page 89 of the agenda packet. Mr. Wolff said a constituent contacted him and was concerned about the fact that there is no language on touch and goes. He said Vero Beach limits touch and goes on weekends and holidays and he thought it would be prudent to bring this to Council. Mayor Coy said this was an excellent point and said she had discussed this with Mr. Griffin, who said he had recently implemented a voluntary noise abatement program through signs and the AWOS system, which asks pilots to make a northerly turn to take them away from Main Street, and had received 80% compliance. He said the problem is that on landing it is hard to get the message out. He further stated that Flight Safety already utilizes our airport and because we are a public use airport we can't put up a turnstile, and the City receives no compensation from these operations. Mayor Coy asked if such an entity were to obtain a lease at the airport, how would that affect our airport and the Airport Director said the City would have much better control. Mr. Paternoster said because of the City's agreements with FAA, the City cannot restrict touch and goes, and anything the City would ask would be voluntary and could not be restricted. He said if the City tried to restrict it, the FAA could take the airport from Sebastian and still use it as an airport. The City Attorney confirmed FAA could take back management of the airport. In response to Mr. Neglia, the Airport Director said there are currently approximately eight aircraft a day doing touch and goes. Mr. Neglia asked if the City entered into a lease with Flight Safety, would they have to comply with the City's imposed rules. The Airport Director said they would do what needed to be done to come to Sebastian Airport. The City Manager said the City could throw caveats into the lease if they are compelled to come to Sebastian. Regular City Council Meeting IZ 8 April 11, 2007 Page Nine Ms. Simchick asked what document Vero had that restricted the touch and goes. The Airport Director noted Vero Beach has a control tower and the City does not. Dr. Byers responded that most airports have deed restrictions after a review of local issues, and restriction on touch and goes during certain hours is not prohibited, but the restriction must be reasonable and cannot discriminate. He said if a tenant was held to a higher standard than someone else simply using the airport for touch and goes, the FAA would have something to say. He said the City could establish a policy outside of leases that applies to everyone, such as restricting touch and goes between certain hours. He said FAA would look at three objectives when reviewing the policy - is it fair and reasonable, is it discriminatory, and does it place a burden on interstate commerce -and if one can satisfy these objectives FAA would probably sign off on it. In response to Mr. Paternoster, the City Attorney said the City at one time tried to do a blanket prohibition on touch and goes and had to enter into an agreement with FAA that the City would not do that. The Airport Director said he would investigate restrictions and report back. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the new draft of the Airport Business Plan Principal Guiding Document (with corrections provided by the Airport Director prior to this meeting) was approved on a roll call vote of 5-0. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia the airport moratorium was lifted on a voice vote of 5-0. 13. NEW BUSINESS 07.088 A. Resolution No. R-07-14 -FIND Grant for Indian River Drive Main Street 97-102 Improvement Project (Growth Management Transmittal, R-07-14, GMD Memo) On MOTION by Mr. Neglia and SECOND by Mr. Wolff Resolution, No. R-07-14 was adopted on a roll call of 5-0. 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC For items that have occurred or were discovered within the previous six months and which are not otherwise on the agenda. Please give your name and address, and then give your remarks. Please try to limit your remarks to five minutes. A. Joe Scozzari i. Right of Citizens to Speak at City Business Meetings Joe Scozzari, Sebastian, read from a document regarding constitutional rights, freedom of expression and speech, and public assembly but did not provide them for the record. He said Council meetings are supposed to be a marketplace of ideas for all, free speech Regular City Council Meeting 9 ~3 April 11, 2007 Page Ten and opinions should not be prevented, and reminded Council it is not a citizen's privilege to speak to Council but it is Council's privilege to serve the public. Laws that Govern Removal of Persons from a City Meeting Joe Scozzari further read from documents regarding constitutional rights relative to a person's right to address a public body, and said being removed the way he was removed last week by the police was a violation of the First Amendment. Mayor Coy asked if Mr. Scozzari was making an accusation. Mr. Scozzari said he was making a statement and would prefer it if the Mayor would let him fulfill his freedom of speech. Mayor Coy said the chair has the floor and again asked Mr. Scozzari if he was preferring charges against Council. Mr. Scozzari then continued to read from the documents and Mayor Coy asked him to answer her question. He continued and Mayor Coy said all he has to do is follow the rules and respond to her question, stating he had made an accusation. Mr. Scozzari said the chair will not be recognized this evening. Mayor Coy said he is warned and was asked to sit down. Mr. Scozzari said this is a violation of his right to speak and left the podium. Tammy Outright, handed out information about cigarette butt litter (see attached). She recommended that there be some City rule that every business has to provide cigarette smoke pots and that they should be installed at parks and boat docks. She said if the City would start fining people extensively, it might deter people from throwing their butts on the ground. Ms. Simchick said a resident by the name of Steve Kosdra contacted her and he too is passionate about this, and noted there is a litter code but it is not specific to cigarettes which could be added. She said the City is in such a dry season it can be dangerous, and suggested that maybe Growth Management can require outdoor smoking vessels during site plan review. Mayor Coy said she would be in favor of following up on this. Ms. Simchick said maybe violators could be required to do clean up service rather than being fined. Mr. Neglia said when he did a cleanup with KIRB, they picked up many cigarette butts. l~ to Regular City Council Meeting April 11, 2007 Page Eleven Todd Klitinic 1274 Barber Street, Sebastian said most members of Council are from the military, and said they swear to uphold the Constitution and freedom of speech and should allow people to assemble and address grievances. He said the two former Mayors did not deny anyone the right to speak, said he knew Joe had a problem with Mrs. Coy so maybe she should give the gavel to the Vice Mayor for five minutes or so. He asked that Council let people speak in this town. Following Mr. Klitinic's input there was loud clapping and Mayor Coy gaveled and told Mr. Scozzari that was enough and thanked him for his input once again. Mr. Scozzari yelled out. Mayor Coy said as a result of Mr. Scozzari not being allowed to speak, he has sent the City an a-mail stating that he is no longer suing the City but has reserved his right to sue the Clambake Foundation, as well as herself. She said she knows him in no other capacity other than in her official capacity as a Council member and Mayor, so indeed he is still suing the City. Mr. Scozzari made a remark from the back of the room and Mayor Coy gaveled for order. She said she did not need his visual cues, that he is a disturbance, said he was warned and the next time he would be asked to leave. She said his antics are not to be tolerated and he is disrupting the meeting. She said she is still being sued so she is being careful in her interaction with Mr. Scozzari, and that he was allowed to speak tonight and will be allowed to speak as long as the City knows whether he is suing but that he will follow the rules, that everyone has to and she has to. Don Wright, 720 North Fischer Circle, Sebastian, stated he visited the airport today, and said he wanted to bring to Council's attention that there is a building which may be a police storage building which is dilapidated and unattractive for this area, and the City may want to consider moving it. He said he also saw another poorly kept building with a small sign on the ground that read "J & S Aviation" and said he thought they were actually out of business. Mr. Wolff asked if he had spoken to the Airport Manager and found him helpful, and Mr. Wright said he met with him but it was before he saw these conditions, that this visit was based on the Economic Development issues. Mayor Coy said there is litigation involved in some of the issues, she advised him to go back and talk to the City Manager and City Attorney since Council cannot address them at this time. The City Attorney said there have been special litigation sessions with Council. Damien Gilliams 1623 US 1, Sebastian, asked what the City's policy is on dilapidated buildings from the hurricanes, how long do people have to take them down. Mayor Coy 11 ~5 Regular City Council Meeting April 11, 2007 Page Twelve inquired if he had asked the City Manager what the policy was, and reminded him this is his opportunity to have a discussion and is not a question and answer session. Mr. Gilliams asked her to ask the City Manager and she said she will ask this one time but that Introduction of New Business is not a time for debate. She asked the City Manager what the City policy was. The City Manager said immediately after the hurricanes the City looked at code enforcement issues for emergency reasons, which have since sunsetted and instructions now are to follow code enforcement procedures. He asked if Mr. Gilliams had any specific issues and if so he should bring them to the City's attention. Mr. Gilliams said the firehouse on US 1 has been sitting there for two years now and nothing has been done and asked if government is above the law when it comes to compliance. Mayor Coy noted the firehouse is in discussion and it would be appropriate for him to ask the County. He said he wanted to speak earlier but was denied his right to speak but she gave the former Mayor the right to speak and asked what that policy is for speaking. Mayor Coy responded the chair reserves the right and she chose to recognize the former Mayor in his capacity as an Emergency Services worker. Mr. Gilliams then asked if what she was saying is that former government employees have more of a right than he has as a taxpayer. She then reminded him this is not a question and answer period and asked if he did have public business. Mr. Gilliams asked when are they going to repair the firehouse on US 1, noted the County has numerous locations, that they are just trying to find a piece of property for free at the expense of the taxpayers. He asked why the County is not getting with state senators and representatives and DOT to correct ingress/egress issues at the old Wal- Mart site which is a perfect location. He said taking the firehouse to Roseland is going to affect the people of this community. Mayor Coy responded this will be on for public debate at the next meeting. Mr. Gilliams asked if there is a reason the City cannot contact our public officials in Tallahassee and DOT or is it too complicated. He asked why we aren't getting a grant writer and lobbyist and he did not want to wait until October for this so the City can save taxpayer money. He said he pays close to $100,000 in taxes and is upset about it. Ms. Simchick said the City has no say as to where the firehouse is located but it is the City's business to know why the County didn't repair the building and asked the City Manager why the City is always last on the list, and why does the County always come to the City for money and that she understands the public's frustration. She asked why the County has not been more aggressive and why have they either stalled us and why has it taken so long to fix the building. The City Manager said there have not been conversations with the Fire Department since he has been here on repairing or code enforcement at the firehouse though he did ! (p 12 ~~. Regular City Council Meeting April 11, 2007 Page Thirteen not have a justifiable reason, and as far as incentives to go forward, he has made proposals about providing quid pro quos for them, that he has no final say over the matter, and yes we may contribute by offering them land but we all pay taxes to the County and it would save all of us in that capacity. He said he would take direction from Council, if we don't feel we are being properly serviced, to investigate our own emergency service and then the service would be under the control of Council. He said he did not know what leverage we had as far as the existing building condition. The City Attorney said the County has sovereign immunity, that we cannot lien the property and they are a subdivision of the State of Florida. Mr. Paternoster asked if Mr. King mentioned that the County has to go through routine permitting, and the City Attorney responded yes, but that is not enforcement. He said the State has voluntarily submitted itself to land development approval but it has not submitted itself or its political subdivisions to our code enforcement jurisdiction. Mayor Coy reiterated Council's previous consensus to take public input at the next meeting. Ms. Simchick said the City Manager did bring up the option of our own service and this needs to be added to the options, because then the City can force our own concurrency. Mr. Neglia said Mr. Gilliams is on the right track but his issue is with the County, and the City's problem is to try to get a firehouse here and the only way the City can do that is have the County take care of it. He said if the County can't lay out $1 or 1.5 million to put a station here with our tax money something is wrong. Mr. Wolff said it is outrageous that the fire station in Sebastian has been neglected for two years, asked wasn't the former Mayor of Sebastian next in line in charge of the firehouse; and how can the City sit here and say that we let it go for this time. He asked if the firehouse over at John's Island and Vero Beach got repaired and pointed out Sebastian sits with this dilapidated building and now the County says they can't make it work so they ask for this piece of valuable property, which is an outrage. Mr. Gilliams said he came with a solution, the City can take the County's money that they set aside for land acquisition and buy six acres, get the egress and ingress straightened out and offer two acres back to the County for their fire station. Julie Scozzari, 1401 Thornhill Lane, Sebastian, said she wanted to address being disappointed at not being able to speak at the last meeting, felt that her rights as a citizen were violated, and said she hoped that this Council would consider their rights as a Council to vote to hear the citizens when one is not allowed to speak or is being refused the privilege to speak or right to speak. She said she hopes it doesn't happen again. 13 Regular City Council Meeting April 11, 2007 Page Fourteen Mayor Coy recognized Joe Scozzari, but said from here on out we are only going to go one round. Mr. Scozzari said Andrea Coy is being sued personally for remarks she made during the SPOA (Sebastian Property Owners Association) meeting and he is not suing the City at all. Mayor Coy gaveled Mr. Scozzari and said he was being libelous and asked him to take his seat. Mr. Scozzari said it was not libelous. Mayor Coy again asked him to take his seat. Mr. Scozzari said she invited him up to speak. Mayor Coy said he is not allowed to come up and be libelous and he just made an incriminating statement and is violating broadcast policy and is disrupting this meeting and asked him to take his seat. Mr. Scozzari then asked if he may speak with Council. Mayor Coy again gaveled and asked him to take his seat. Mr. Scozzari left the podium and stood in the aisle. 15. CITY ATTORNEY MATTERS 07.057 A. Discuss and Direct City Attorney as to Duties of Merged Natural Resources 103-105 Committee (City Attorney Transmittal) The City Attorney reviewed his proposed language on the merger of the Tree Board and Environmental Committee, which is under consideration and asked for input from Council. Mayor Coy gaveled again and waited while Lieutenant Lockhart brought Mr. Scozzari from the aisle to the back of the Council Chambers. The City Attorney continued with his review of the proposed language. Mr. Wolff said he was a little concerned about some resignations he had heard about and wondered if they were a result of the proposed merger. The City Attorney said resignations from these two committees is not a new phenomenon. Ms. Simchick said she thinks they are two different types of committees; noted the Tree Board does not want to get into environmental issues, and as a former member of the Environmental Committee she would not want to be a member of the Tree Board; that the City has an Environmental Planner and said perhaps a change in direction for Environmental Committee toward conservation land management would be appropriate. Ms. Simchick said she had resigned from the Environmental Committee and at the time she was appointed to Council the resolution to extend the committee six months was adopted, and she was unaware of the provision not to fill vacancies during this period. She said she had planned to appoint Todd Klitinic to her vacant position for the remaining five months until a decision is made on the Environmental Committee, and asked how she could do this. 18 •' Regular City Council Meeting April 11, 2007 Page Fifteen The City Attorney advised her that she could either request to suspend the rules and make the one-time appointment or take out the extension provision of the resolution to not fill any further positions while the merger is being discussed. On MOTION by Mr. Paternoster and SECOND by Ms. Simchick, the rules were suspended on a voice vote of 5-0. Ms. Simchick appointed Todd Klitinic as her appointee to the temporary Environmental Advisory Committee. Mayor Coy said in her discussion with members of both boards she has met with little resistance, and with the exception of one Tree Board member she is not hearing from anyone. Mr. Paternoster said he had gotten the impression there is a resistance for merging the two boards because they have separate and distinct purposes and would like to keep them separate. Mr. Neglia said he had spoken to Tree Board people and they were definitely not in favor of merging but he thought together they could provide a good service to the City, and would like to see them merged. He asked the City Attorney if Council could add periodic reviews of Tree provisions. The City Attorney said we could add language for formal review every three years. Ms. Simchick asked for time to reach out to the public. On MOTION by Ms. Simchick and SECOND by Mr. Neglia, the item was tabled to the next meeting on a voice vote of 5-0. Other Matters The City Attorney asked for clarification from Council on which way to proceed with the color wheel, either to a time limit or to change the color wheel. In response to Mr. Wolff, the City Attorney further explained the two potentially conflicting directions received from Council; 1) to change language to sunset the non-conforming colors; or to change the color wheel. The City Manager said there was clear direction that we do want to sunset and there needs to be some clear direction on how we interpreted the color wheel and the third issue lingering is -- do we want to change the color wheel. He said staff recommendation is going to be -- don't change the color wheel because the community worked long and hard to „(q Regular City Council Meeting April 11, 2007 Page Sixteen establish it. He said if Council is inclined to change colors, they should also put in a non- monotonous clause, so he'd like to move forward with that understanding -- a) come up with a sunset; b) clarification on how the color wheel works; c) no recommendation from staff on color; and d) let the public input process dictate how you come back with changes to color. At 10:30 p.m. on MOTION by Mr. Neglia and SECOND by Ms. Simchick, the meeting was continued on a voice vote of 5-0. The Growth Management Director noted that Mr. Mulford will appear before Planning and Zoning with a waiver request next Thursday night. Mr. Wolff said to address this without backup at this time is not proper. The City Manager said Mr. Mulford will go before Planning and Zoning and on the other issue he will get with staff on the process he described previously and bring any text amendments back to Council once Planning and Zoning has addressed it. The City Attorney reported on attendance at meetings with City Attorneys regarding the proposed interlocal agreement on height and density in lieu of a County Charter. Discussion followed on Fellsmere's future plans for expansion. The City Attorney reported on the Construction Board meeting last night noting the committee is going to be recommending ordinance changes to enhance penalties for contractor issues; and for him there are other items that are taking priority, but he will get to it. 16. CITY MANAGER MATTERS -None 17. CITY CLERK MATTERS The City Clerk announced the Indian River County Commission meeting in Sebastian Council Chambers tomorrow night at 7 pm regarding the charter county government proposal, which will be broadcast live on Channel 25. 18. CITY COUNCIL MATTERS A. Mr. Neglia Mr. Neglia said the Yacht Club and boat ramp renovation look great; reported on the Cadets graduation at Sebastian River High School; said the landscaping on US 1 looks great and it was noted that the staff member is Wanda Webb; reported on an April 20th gang prevention meeting in the old Council chambers; and advised on the need for community volunteers for the Marion Fell library in Fellsmere to read to children. zo 16 Regular City Council Meeting April 11, 2007 Page Seventeen B. Mr. Paternoster In regard to the City Manager's recent a-mail update, discussed the clearing of twenty feet of the Shakespeare Avenue property and his concerns relating to it. He asked if this was done in response to a nuisance notification, and if no grubbing was done and only two exotic trees were taken down, and no permits were required in this case, and it was so easily done, he asked why the City is having such a hard time with Fish and Wildlife on this ordinance. The City Attorney responded that because with an ordinance the City is putting a rule into effect to require property owners to do it and this changes the framework of the City's regulations, but as it stands if it is just exotics, property owners can go in and remove them as a nuisance. The City Manager said code enforcement asked the property owner to clear five feet and they cleared twenty feet, and the City Attorney said the City had no basis to limit them to clearing further as long as it is only exotics, that no permit is required as long as someone from staff confirms there are only exotics. Mr. Paternoster asked if Fish and Wildlife had any regulations on bringing heavy equipment onto a property and the City Manager said they prefer hand clearing but he did not feel the City should limit that. C. Ms. Simchick Ms. Simchick thanked staff for coming to meetings because it means a lot to Council and to citizens; discussed the three walking signs being installed by the river and said she would like to seek funding for signs for all homes or building sites that meet historical criteria; suggested that perhaps Chris McCarthy can check into this; suggested that something can be installed on the sidewalk to meter the Easy Street walkway; and, in regard to the County Charter workshops that are taking place that she is attending, noted that the Fellsmere City Manager is attending all of those meetings and wanted to ensure that we have a Council consensus that our City Attorney and City Manager are in attendance at all of those meetings and report back to us. It was the consensus of Council for them to attend. The City Attorney said he has been trying to monitor it when it is something of substance and not simply informational meetings. Ms. Simchick said she would rather see more language to protect the cities. Mayor Coy recommended the City Manager agendize this matter before Council to give them adequate time to iron it out. " ZI Regular City Council Meeting April 11, 2007 Page Eighteen D. Mr. Wolff Mr. Wolff said he attended the graduation of the police citizens academy which had 23 to 25 people and at least 3 or 4 people agreed to volunteer, and that all of them could not say enough about police staff; stated that a volunteer corps has potential and he would like to promote this for city operations; and said it had come to his attention that Bug Master is heavily promoting an automatic insecticide device which is unregulated and perhaps it is something the City needs to look into. E. Mayor Coy Mayor Coy gave kudos noting when the last remaining vacant lot near her house was being cleared by a subcontractor of Tozzolo Brothers, they went out of their way to leave trees on the side yard and left vegetation on the lot, and on Saturday they cranked up their machines and when she told him the City had an ordinance they ceased operations immediately. Her dodo went to the person who is dumping fish remains into Easy Street Park and creating a dangerous bacteria condition that is killing wildlife and cautioned people to keep their children and dogs out of the lake. 19. Being no further business, the regular meeting adjourned at 11:01 p.m. Approved at the April 25th, 2007 Regular City Council Meeting. Andrea Coy, Mayor ATTEST. Sally A. Maio, MMC -City Clerk ZZ 1g cm oe w °~~ ~~ ~;~ ~' '', NdME ~Fv Pi`i.tGAN' 1~tANirf CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. ~ si~~ 3 AWARD JANITORIAL CONTRACT Department Origin: Public Works Department Head: _ App ved f r ubmittal by: Finance Director:' -`7~ 6 City Attorney: City Clerk: Date Submitted: 19 APR 07 Exhibits: Janitorial Contract, Bid Tabulation, Bid Specifications EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: FY 07 - $70,677 General Fund (New: 3 Mos @ $6,585) $53,327 $17,350 Contingency (Old: 9 Mos $5,658) SUMMARY For the last three years, the City of Sebastian has contracted with Ninety Five South (Delray Beach, Florida) for janitorial services. This contract included cleaning of all facilities. At times, the Public Works Department has been unsatisfied with the service, as restrooms and offices were not cleaned to high standards. After conversations and meetings were held to improve quality, services ultimately improved. However, a pattern of good and bad performance ensued and in January 2007, City staff began considering janitorial service alternatives. One such alternative was to resume these duties with City forces. A few benefits associated with performing our own cleaning is more control over quality and when facilities are cleaned. However, to take on this task, additional employees would be required and the monies allocated for the contractual service could be shifted to keep the City as close as possible to budgeted allocations. In that effort, an "In-House" estimate was prepared which showed that performing janitorial duties with three employees would cost $97,272. Below is the detail: ITEM AMOUNT Salaries for 3 Janitors ($9.50/Hour) $59,280 FICA and Medicare 7.65% 4,535 Retirement 9% 5,335 Health insurance (Single coverage w/ Estimated FY 08 27% Increase) 20,158 Worker Compensation Insurance 5,964 E ui ment 2,000 TOTAL $97,272 To insure that this was the best alternative, the Public Works Department conducted an RFP. Adding additional facilities and including weekend hours for park restroom cleaning were among the contractual changes aimed to improve service. The specific facilities addressed by this proposal are: Old City Hall, New City Hall, Police Department, Golf Course Club House/Restrooms, Community Center, Yacht Club and Restrooms, Riverview Park Restrooms, SchumannTennis Court Restrooms, Hardee Park Restrooms, Barber Street Sports Complex, Garage and PW Compound, Airport Administration Building, Splash Pad Restrooms, Friendship Park and Old Council Room Restrooms. I would point your attention to Section 3 -Work Services Requirements of the Technical Specifications found on pages 21-23 of the Bid Documents, which outlines the increased duties of cleaning services and requires cleaning of specific facilities, such as park restrooms, on a daily basis. From that RFP, 7 sealed bids were received. For your information, there was some variation in bid responses due to a misunderstanding regarding submitting or not submitting a bid for the old City Hall. To make a level playing field, staff subtracted all amounts listed as Old City Hall building and will negotiate a price for those areas with the contract holder when construction is completed. Please note, the low bidder provided a price for the Old City Hall, so there is a good benchmark for the cost of that service. Nonetheless, the results of the bid were scattered from an annual low cost of $79,020 to an annual high of $267,912. However, three of the results showed a savings over our internal janitorial service estimate. Also note, that every option (including the current contractor's bid and in-house cleaning) is an increase over our current janitorial allocation of $53,327 annually. Based on our review of the bid packages and after phone reference checks and a site visit to the City of Palm Bay by the Building Maintenance Staff (where GCC Commercial Cleaning is currently employed), staff is confident in recommending that the bid award go to GCC Commercial Cleaning, the low bidder. This process revealed that privatizing these services is still a better financial alternative. Should quality be an issue, note that termination of the contract is as simply has providing written notice of termination. One final note. Even though the GCC annual cost of $79,020 is an increase of $11,113 over the existing annual cost of $67,907, the current company's (Ninety Five South) new bid was $1,656 higher than the GCC bid: In any fashion, janitorial services costs have increased. RECOMMENDED ACTION Move to award athree-year janitorial service contract to GCC Commercial Cleaning in the amount of $79,020 per year and authorize staff to negotiate a price for the Old City Hall at a later date. Note that an additional $17, 350 is required from the contingency fund to cover the overage. At this time, the contingency fund balance is $78,512 or 63% with 5 months left in the fiscal year. Should Council approve such motion, the current provider will be provided proper notice and GCC can begin service. Zu = 00 Z1 (A '~ "1'1 W p ~ ' 0) fD N ~ O (D _ N p X fp ~ (p ~ Q ~ n j y ~ ~ n Q ~ 7 G ~ W N " _ " = ~ W O ~ '` - ~ Q ~7~ T~ v ~' ~ ~ c N ~ ~ y N ~ Q Q (D ~ 'n (D 0 7 ~ N 7 ' Q O O ~ ~ ~ N fD 7 1 I 7 ~ O Q Q (Q 3 ~ Q ~ fD (D = ~ O ~ N ~ C) N (G ~ '~ cn (a CD Z ~ ~ (D n (Q O ~ N 7 O ~ N N ~ (Q Z ~ N N ~ ~ N A C - O t D N N N ( D Ul ( D f/1 N C D N Q' ,-« (D Q. {fl b9 Efl ffl Efl ffl b9 EA n ~ !D -6 f2 N N ~ s ~ O ~ O 0 v ~! C (p ~ N 0 ~ O O N W D~ ~ ~ 0 0 O fJl ~ U1 W Ut = ~ O O O O O O O n O O O 0 O O O (D b9 Efl EA to ~ (~ Efl _ N ~ ~ '0 ~ ~ ~ n lD 00 O V7 ~ ~ ~ 0 ~ O O O W O O - O 00 O O `G Efl Efl Efl {~ EA b9 ffl ffl O (D N ~ s ~ <_ N O O CO 0 ~ 0 ~~ N ~ ~ 0 O N 0 ~ 0 0 0 0 ~ 0 0 L1 v L, W fJi O O O O 0 O O O N O O O 00 O O O - ffl ffl Efl fig ffl Efl ffl ~ ~ '-. , N ~ 1 ' fD `G ~ v ~ 0 N O ~ ~ ~ CO -1 W N 00 0 O - - ~ CT 00 Ut 0 V N ~ O N N O N O 0 O j' O O O O O O 0 O O o O o O ~~ N N N ~ -+ .P C7 CO C7 00 N ~ ~ 'G ~ 'G O N ~ N N ~ ~ ~ ~ O N ? N v7 (D n X X ~' m v ~~ x ~' -a m ~ m ~ m m m -, x -a m ' ~• ~ ~ ~. m o n n ' ~ ~ ~ m n m m m ~ cu m W --~ 6 c O~ N~ O N N (D n~ fD W Q (D 7 (Q W Ln O v N O O 25 CITY OF SEBASTIAN FORM OF AGREEMENT PROFESSIONAL JANITORIAL SERVICES This Professional Janitorial Services Contract is executed by and between the City of Sebastian, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 1.225 Main Street, Sebastian, Florida 32958 (hereinafter "City"; and ~ (~ (t~h'I e C /~9- ~ [..~ e ./ll /,iV whose address is hereinafter "Contractor" - ~ ~ 3 ~. 7 The parties hereto agree to the following terms and conditions: 1. CONTRACT DOCUMENTS The following documents are attached hereto and made a part of this Contract: Notice of Request for Proposal, RFP Documents, Addenda as required, Instructions to Vendors, General Conditions, Special Requirements, Supplementary General Conditions, Proposal Form, and Proposal Schedule "A", Form . of Agreement, Public Entity Crimes Sworn Statement, .Drug-Free Workplace Statement, Bonding, Questionnaire, Technical Specifications, Exhibits and Change .Orders. 2. TERM & RENEWAL The term of the Contract shall be for three (3) years beginning and ending Thereafter, the contract may be renewed for an additional three (3) years in one (1) year increments by mutual consent of both parties.. 3. SCOPE OF WORK The Contractor shall perform all the work as described in the documents entitled "PROFESSIONAL .JANITORIAL SERVICES" for the City, and shall do everything required by this form of Agreement and any other Contract documents. . 4. PAYMENT A. The City shall make a single monthly lump sum payment for the prior month's services, as described in the Contract Price Schedule, once the contractor has completed the work in accordance with the Contract Documents 34 ~tP ~- B. No invoice shall include Federal Excise, State or City Sale Tax, City shall furnish tax exemption certificates upon request. 5. CANCELLATION City shall have the right to cancel, this Contract in its entirety, or all or any part of the undelivered portion of any purchase. release, if Contractor breaches any of the terms hereof, including Contractor's warranties, or if Contractor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and in lieu of any other remedies, which City .may have in law or equity. 6. TERMINATION The City may terminate this Contract at any time without further obligation hereunder upon delivery of a written notice of termination. 7. GRATUTIES The City may by written notice to the Contractor, cancel this Contract without liability to Contractor if it is determined by City that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing a Contract or securing favorable treatment with respect to the awarding or amending, oc the making of any determinations with respect to the performing of such a Contract. In th.e event this Contract is canceled by City pursuant to this provision, City shall be entitled; in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 8. SPECIAL TOOLS & TEST EQUIPMENT If any of.the prices stated in the Bid Schedule include.the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any- process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Contractor as such. 9. FORCE MAJEURE Neither party shall be held responsible-for losses resulting to the other if the fulfillment of any obligation of this Contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with; and which by the exercise of reasonable diligence said party is unable to prevent. 10. ASSIGNMENT-DELEGATION No right or interest in this Contract sha(I be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 35 ~/ 11. SUBCONTRACTORS The Contractor shall not sublet the whole or any part of the Contract without the consent and approval of the City. 12. WAIVER No claim or right arising out of a breach of this Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 13. MODIFICATIONS This Contract can be modified only by a writing signed by both of the parties or their duly authorized agents. 14. INTERPRETATION-PAROL EVIDENCE This writing is intended by the parties. as a complete and exclusive embodiment of t course of dealings between the parties supplement or explain any term used herein. 15. APPLICABLE LAW final expression of their agreement and is a he terms.. of their agreement. Neither prior nor usage of the trade shall be used to -This Contract shall be governed by the law of the State of Florida. 16. RIGHT OF ASSURANCE Whenever a party to this Contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treaf this failure as an anticipatory repudiation of .this Contract. 17. SPECIAL CONDITIONS If a conflict between the parties regarding this Contract results in litigation, venue shall be in the Circuit Court for Indian River County, Florida. Venue shall not lie in any other jurisdiction. The prevailing party shall be entitled to reimbursement of. all court costs, the cost of expert witnesses, costs of depositions, and costs of attorney's fees incurred as a result of the default. The parties hereby waive all rights to trail by jury. 18. INDEMNIFICATION AND INSURANCE The Contractor shall indemnify, .hold harmless, and procure and maintain insurance provided in Paragraphs 1, Supplementary General Conditions, and to the extent required in said paragraphs, require any and all subcontractors to do the same. 36 28 19. CONTRACT~UNIT PRICES The unit prices contained in the Schedule "A" for Janitorial Services are incorporated herein, with changes as noted, and made a part of this contract. PROJECT NAME; PROFRESSIONAL JANITORIAL SERIVCES WITNESSED BY: Sign; Print; Sign: Print: ~i'}~l~~ ~~ ~~ ~-'~'~ l (CORPORATE SEAL) ~rCC~ Cddyi.~~icc .fie' ~~~-~;•~,iri (NAME OF CONTRACTOR/COMPANY Sign: _ 1~.(~ ~.. ~-~Cf~%C~1' Print: ~r (~eiJ~ L~- ~~s~~~~r Sign: Print: Title: STATE OF FLORIDA . COUNTY OF --,--.--~ ~ The fore oing instrument as acknowledged before me this of ,-2007, by -~c~____-day as ~`~`~~~? ,and behalf of the Corporation. They are personally known to me or have producedn C ~ ~. ; .(~,C~ ~~ as identification and did, did not take the oath. NOTARY PUBLIC Sign: l riONNEIADOwe-LONG Print: ~_ -~ ~,r ~ Commit DDOMOS47. _ ~' Y+ ExPiros 9/~N200~ L 'a~~ ~ Bonded thN (900)4~2~4264~ State of Florida at Large (seal) • ~m~ ~~~ fb~da Notary Assn., p16 ~•~........... ...uw.nunu - Commission No. My Commission Expires: ~~ ~ ~~~~-~~ 37 ? Q ATTEST: Sign: CITY OF SEBASTIAN Sign: Alfred Minner Title: City Manager Sally A. Maio CMC/AAE Title: City Clerk (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Rich Stringer, City Attorney 38 U rKUtESSIONAL JANITORIAL SERVICES PROPOSAL FORM The undersigned having become thoroughly familiar with all the RFP documents ~ contained herein, the nature and extent of the work, the work sites and conditions at the various locations and time schedule affecting fhe work hereby proposes to perform all services required in strict conformity with the requirements of these documents, and to provide all the supervision, labor tools, materials and equipment necessary to provide the services meeting or exceedin the g , specifications as set forth herein for the prices quoted below. The prices quoted are inclusive of any Addenda, which may be issued. By the signature below, the Contractor agrees that this Proposal is made witho understanding agreement, or connection with an ut any proposal for the same work and that this proposal s neal~respecpts fa~and r firm submitting a fraud. If awarded the work under this proposal, the Contractor a ree without collusion or Agreement within (10) consecutive calendar days notice by the Cit and a s to enter into said conditions of all documents stated herein with the City of Sebastian forg he be~ow sti ul ted prices which shall remain iirm for sixty (60) days following the proposal opening date. The undersigned further agrees as follows: To do any work, not covered by the Pro osal Schedule, City, and to accept as full compensation therefore suchhpr cesa as mad beds y the upon, in writing, by the City and the Contractor in accordance with Articl s 6-8, of the General Conditions. 2• To begin and complete work as required in the Notice to Proceed. 3• To keep in force. aH insurance and bonding requirements as set forth in the Contract Documents for the duration of the .Contract and to give thirty (30) days notice of expiration of insurance and/or bonding. °~' u S A t orized Signature Firm Name and Address ---~.~~ lee, L: ~~ Printed Name GcjNe2 Title ~ i~~~ 3 .z ~ Zs hone Number _~ i Z %o ~~ Da e Signed 2 3~ PROFESS#C~-NAL JAN#TOR(AL SERVtGES PRC}PQSAI, SCHEE}ULE "A„ The Lump Sum Price fQr each location shat! include, but not limited to, the cost of al+ supervision, labor, tools, equipment and materials to provide alt janitortat services, in accordance Witl1 the Gc)RtF'c1Ct l:?oCt~mentS. QLD CITY HALL NEt~ CITY HALL. PtlllCE QEPARTMENT QtJLF CC)URSE CLUB HC7USE Cf}iVIMUNiTI~ GEC1lTER `fACHT CLUB & RESTRQflMS RIVERVEEW PARK RESTR4UMS SCHUMAN TENNIS RESTRUOMS HAR[}EE PARK REST'RC~flIVtS BARBER STREET SPQRTS GQMPLEX, Creative Playground, Footbatt Fieid & Baseball Field Restrooms ~ARA~E Alva Pw ccxulPOUlva ALRPQRT Al~MtivtSTRATIQN SPLASH PAa RESTRQf)MS FRlENDSHiP PARK, Qffice;, Concession and Restrooms ~-.-~.~ o , o 0 $2000.00 $1625.00 $ 425.00 $ 435.00 ~ 250.00 ~ 100.00 $ 75,QQ $ 100.00 ~ 200.00 $__~~n nn $-~-a 5 0 ~.A A ~- 1^0 0 , o 0 RESTR4UM C?UTSI©E THE C.?LD CQUNCtL CHAMBER $_ 75 _ on TATAL. PR.QPOSAI. PR#GE SCHEDULE "A" $7, 1,35. o0 Aut orized Signature Printed Name Fjrrn Name & Address ~w~/~~- Title ~ Z `j Phone Number 3 0 ~ a~ _ Date Si net T an or _ ~ ~:; _ 6d014[E OF FELFCAN BSIAND City of Sebastian Public Works Department 202 Airport Drive East Sebastian, Florida 32958 Phone: (772) 228-2001 Fax (772) 228-7077 REQUEST FOR PROPOSALS PROFESSIONAL JANITORIAL SERVICES Prepared by City of Sebastian Public Works Department Building Maintenance Division Contact: Mr. Steve Di Trapano, Building Maintenance Supervisor, (772) 228-7055 e-mail: sditrapano@cityofsebastian.org February 2007 33 TABLE OF CONTENTS SECTION PAGE NO. Notice of Request for Proposals ............................................. Proposal Forms ................................................... 2 3 ................. , Instructions to Bidders 1. General ........................................ 4 .............................. 2. Definition of Terms .... 4 .................................................. 3. Examination of Site and Contract Documents .................. 4 4. Interpretations, Inconsistencies and Addenda .................. 4,5 5. Preparation of Proposals ............................. 5 .................. 6. Proposal Pricing .......................................................... 5 7. Submission of Proposals ............................................... 5 6 8. Familiarity with Laws , .................................................... 6 9. Rejection of Bids ................................... 6 ...................... 10. Withdrawals and Modifications . 6 .................................. .. 11. Proposal Evaluation and Selection ................................ 12 6,7 . Contract Award .......................................................... 7 13. Subletting or Assignment of Contract ................ 7 ........... 14. Patent Fees Royalties and Licenses , ............................... 15 Liens 7 . ....................................................:...................... 7 16. Pre-Proposal Conference & Walk-Thru 7 ............................ General Conditions 1. Definition of Terms .. : 8 9 .............. ....................................... , 2. Control, Supervision and Inspection of Work .................... 9 3. Superintendents ............................................................ 9 4. Subcontractors .............................................................. 10 5. Employees ......................................... 10 ........................... 6. Changes in Scope of Work; Extra Work ..................... 10 ....... 7. Payment for Extra Work ..............................:................... 11 8.Omitted Work ................................................................ 11 12 9. Termination of Contract .:............................ , 12 .................... 10. Safety, Maintaining the Sites ........................................... 12 13 11. Loss Control/Safety ................................ , 13 ....................... 12. Suspension of Work ..................................... 13 ................. 13. Royalties and Patents ................................. 13 ................... 14. Indemnification .................................................. 14 ........... 15 Insurance . , ..................................................................... 14 16. Interpretation of Specifications .................... .... 14 .............. . 17. Disputed Work .............................................................. 14 18. No waiver of Legal Rights ............................................. 14 15 . 19 Defective Work . , . .................................................... ........ 15 3y TABLE OF CONTENTS SECTION General Conditions, cont. PAGE NO. 20. Tools & Equipment ................................................. 15 21. Testing ...............................................:.................. 16 22. Permits and Licenses ............................................. 16 21. Miscellaneous ........................................................ 16 Supplementary General Conditions 1. Insurance .............................................................. 2 C fli 17,18,19 . on cts .............. .................................... ... ........... 3. Applicable Standards 19 .................:............................ 4. Quality of Service and Workmanship 19,20 ......................... 5. Materials Disposal and Cleanup 20 .........:...................... 6 Contract S f t 20 . or a e y ..................................................... 20 Technical Specifications : .... ................................................ 21,22,23 Special Requirements ......................................................... 24-28 Questionnaire ..................................................................... 29-31 Exhibit "A" Buildings ....... ..................................................... 32 Exhibit "B" Checklist ............................................................ 33 Contract .............................................................................. 34-38 Drug-Free Workplace Form ....................................:............... 39 Public Entity Crime Form ....................................................... 40-43 ii ~?~ NOTICE OF REQUEST FOR PROPOSALS THE CITY OF SEBASTIAN IS HEREBY SOLICITING PROPOSALS FRO FIRMS SPECIALIZING IN PROVIDING JANITORIAL SERVICES. THE TERM OF THE CONTRACT WILL BE FOR THREE (3) YEARS RENEWABLE FOR TWO ADDITIONAL YEARS THEREAFTER IN ONE (1) YEAR INCREMENTS UPON MUTUAL CONSENT OF THE PARTIES. PROPOSALS WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 202 AIRPORT DRIVE EAST, SEBASTIAN, FLORIDA 32958, UNTIL 2:00 PM., ON MARCH 15, 2007 IN SEALED ENVELOPES, WHICH SHALL BE MARKED AS FOLLOWS: RFP:JANITORIAL SERVICES OPEN: March 15. 2007 Ca 2.00 PM Packages outlining the details and requirements of the above RFP can be obtained by contacting the City of Sebastian, Public Works Department at 772-228-7001 or by writing to the address described above at the Public Works Office. Vendor shall show proof of insurance and be properly licensed to conduct its business, with all licenses, permits, and certificates as required by all local, State of Florida and Federal agencies. A Drug Free Workplace Form is provided and must be signed and submitted with. your proposal. Any person or affiliate who has been placed on the convicted vendor list following conviction of a public entity crime may not submit a proposal as proscribed by Section 287.133, F.S. A Public Entity Crime Form is provided and must be submitted signed and notarized with your proposals. Questions concerning this RFP shall be directed to Steve DiTrapano, Building Maintenance Supervisor, at (772) 228-7055. A mandatory pre-bid conference and walk through will be held at 2:00 PM on Monday February 26, 2007 at the location address stated above. Failure to attend will be cause to reject an proposal. . Proposals duly submitted will be publicly opened and read aloud at a date and time as specified above, in City Hall. The City reserves the right to reject any and all proposals, waive any. irregularities, make an award to any respondent whose proposal or portion thereof is deemed to be in the best interest of the City, and to waive any non-substantial irregularities, cancel this RFP at will, and/or extend ariy date or time deadline stated herein. City of Sebastian Public Works Department Steve DiTrapano, Building Maintenance Supervisor 3(a PROFESSIONAL JANITORIAL SERVICES PROPOSAL FORM The undersigned having become thoroughly familiar with all the RFP documents contained herein,. the nature and extent of the work, the work sites and conditions at the various locations, and time schedule affecting the work hereby proposes to pertorm all services required in strict conformity with the requirements of these documents, tools, materials and equipment necessary to provide the services meet ng o pexcleedinlabhe specifications as set forth herein for the prices quoted below. The prices quoted are inclusigve of any Addenda, which may be issued. By the signature below, the Contractor agrees that this Proposal is made without any understanding agreement, or connection with an proposal for the same work and that this proposal s neall respecpts fai'~and w thout col ufsio 9 or fraud. If awarded the work under this proposal, the Contractor agrees to enter into said Agreement within (10) consecutive calendar days notice by the City, and agrees to all terms an conditions of all documents stated herein with the City of Sebastian for the. below stipulated prices which shall remain firm for sixty (60) days following the proposal opening date. The undersigned further agrees as follows: 1. To do' any work, not covered by the Proposal Schedule, which may be ordered by the City, and to accept as full compensation therefore such prices as may be a reed upon, in writing, by the City and the Contractor in accordance with Articles 6-8, of the General Conditions. 2. To begin and complete work as required in the Notice to Proceed. 3. To keep in force all insurance and bonding requirements as set forth in the Contract Documents for the duration of the Contract and to give thirty (30) days notice of expiration of insurance and/or bonding. Authorized Signature Printed Name Firm Name and Address Title Phone Number Date Signed 2 7 f PROFESSIONAL JANITORIAL SERVICES PROPOSAL SCHEDULE "A" The Lump Sum Price for each location shall include, but not limited to, the cost of all supervision, labor, tools, equipment and materials to provide all janitorial services, in accordance with the Contract Documents. OLD CITY HALL $ NEW CITY HALL $ - POLICE DEPARTMENT $ GOLF COURSE CLUB HOUSE $ COMMUNITY CENTER $ YACHT CLUB & RESTROOMS $ RIVERVIEW PARK RESTROOMS $ SCHUMAN TENNIS RESTROOMS $ HARDEE PARK RESTROOMS $ BARBER STREET SPORTS COMPLEX, Creative Playground, Football Field & Baseball Field Restrooms $ GARAGE AND PW COMPOUND $ AIRPORT ADMINISTRATION $ SPLASH PAD RESTROOMS $ FRIENDSHIP PARK, Offce, Concession and Restrooms $ RESTROOM OUTSIDE THE OLD COUNCIL CHAMBER $ TOTAL PROPOSAL PRICE SCHEDULE "A" $ Authorized Signature Printed Name Firm Name & Address Title 3g- 3 Phone Number Date Signed INSTRUCTIONS TO PROPOSING FIRMS 1. GENERAL The following instructions are given for the purpose of guiding interested firms in properly preparing their proposals. These Instructions and the entire RFP package shall be binding on all Firms submitting proposals, and incorporated into and made part of the Contract. 2. DEFINITION OF TERMS Where the following terms and their pronouns occur herein, the intent and meaning shall be as follows: CITY: City of Sebastian 1225 Main Street Sebastian, Florida 32958 CONTRACT: See Article 1, General Conditions, Page 8 SURETY: Any person, firm or corporation bound by Contract bonds with and for the Contractor acceptable performance of the work and for payment of all debts pertaining thereto. ADDENDUM: A modification of the Contract Documents . Issued in writing by the City prior to the Bid Opening. OPENING OF PROPOSALS: The time and place for the opening of proposals, as described in this RFP. 3. EXAMINATION OF SITE AND CONTRACT DOCUMENTS The Vendor is required, before submitting his proposal, to visit the site of the proposed work and familiarize himself with the nature and the extent of the work and any conditions that may in any manner affect the work to be done, and the equipment, materials, and labor required, and the cost thereof. The Vendor is also required to examine carefully any and all Contract Documents. Ignorance on the part of the Contractor will in no way relieve him of the obligations and responsibilities assumed under the Contract. No information derived from maps, drawings, and specifications, or from the City, shall relieve the Contractor from any risk or from fulfilling all terms of the Contract. It shall be the Contractor's responsibility to ensure that all measurements are accurate. 4. INTERPRETATIONS, INCONSISTENCIES AND ADDENDA The Vendor must request interpretations or clarifications regarding the Contract Documents and any Specifications received prior to the Opening of Proposals, in writing from the Building Maintenance Supervisor. To be considered, such request must be received at least seven (7) calendar days prior to Due Date for this RFP., The Supervisor will notify all prospective vendors of any and all substantial interpretations and supplemental 4 30• instructions. These notices shall be in the form of written addenda. The failure of any Vendor to receive any such addenda shall not relieve the Vendor from the obligation to comply with the terms of the addenda in addition to all other Contract Documents, should the Vendor submit a Proposal and become the Contract Awardee. All addenda so issued shall become a part of the Contract Documents. The City shall not be bound by any oral interpretations or clarifications 5. PREPARATION OF PROPOSALS Vendor proposal package shall be submitted in duplicate, and shall include the Proposal Price Schedule Form and all other forms and statements, which must be submitted as required by this RFP. The Proposal Price Schedule From must have all blank spaces filled in with a price for each lump sum item and for every item for which a quantity is given. All forms must be typed or in ink. More than one proposal from any individual, partnership, or corporation, under the same or different names, will not be considered. Should it appear to the City that any individual, partnership, or corporation has an interest in more than one proposal for the work contemplated, the City shall reject all proposals in which such individual, partnership, or corporation has such interest. 6. PROPOSAL PRICING The proposal price shall include all labor, supervision, transportation, materials, equipment, and tools, including applicable taxes, necessary or proper for the performance of the required services except as may be otherwise expressly provided for in the Contract Documents. The total price shall be construed as including all of Contractor's direct and indirect costs to perform all work services required during the period of a month in accordance with Technical Specifications and. all other documents contained herein, including but not limited to such costs as insurance, obtaining required permits, testing, etc., unless otherwise expressly provided in the Contract Documents. This RFP contains Proposal Schedule "A" -which covers the City Buildings where services will be performed. The Contractor shall familiarize himself with the requirements of the State of Florida pertaining to the exemption from State Sales Tax as it may apply to the City. The City may consider proposals as non-responsive if they contain serious omission, unauthorized alterations of form, incomplete or unbalanced proposal pricing, or irregularities of any kind. 7. SUBMISSION OF PROPOSALS All proposals must be delivered to City of Sebastian, 202 Airport Drive East, Sebastian, Florida 32958, by the date and time indicated on the Notice of Request for Proposals, at which time, the Supervisor shall ask for "final call for Janitorial Proposals". This will be the last opportunity to submit proposals, and no proposals will be accepted beyond this point. O 5 All proposals must be sealed ~in an envelope marked on the outside, lower left corner, as shown in the Notice of Request for Proposals. 8. FAMILIARITY WITH LAWS The Contractor shall be familiar with all federal, state and local laws and regulations that may affect the work. The Contract Documents may describe some of these laws and regulations; however, the Contractor shall be responsible for knowing and complying with any and all such laws and regulations. Ignorance on the part of the Contractor shall in no way relieve him from the responsibility of compliance therewith. 9. REJECTION OF PROPOSALS The City reserves the right to reject any proposal, if the evidence submitted by the Vendor, or if the investigation of such Vendor, fails to satisfy the City that such Vendor is properly qualified to carry out the obligations and to complete the work contemplated therein. Any or all Proposals will be rejected, if there is reason to believe that collusion exists among the Vendors. Proposals considered irregular may be rejected, if they show serious omissions, alterations in form, additions not called for, conditions or irregularities of any kind. The City reserves the right to reject any and all Proposals and to waive such techn-cal errors as may be in the best interest of the City, as determined by the City in its sole discretion. 10. WITHDRAWALS AND MODIFICATIONS Any Vendor may, without prejudice to himself, withdraw or modify his Proposal at any time prior to Opening of Proposals, by physically delivering written notice of withdrawal or the written notification in writing to the City Building Maintenance Supervisor. All written requests for withdrawal and, written modifications must be signed by a person duly authorized to make such withdrawal and modifications; and, in case signed by a deputy or subordinate, the principal's proper written authority to such deputy or subordinate must accompany the request for withdrawal or modification. 11. PROPOSAL EVALUATIONS AND SELECTION A request for Proposal (RFP) is a formal invitation from an organization to a supplier to submit an offer. The offer is to provide a solution to a problem or a need that the organization has identified. An RFP is a procurement process in which the judgment by the organization of the supplier's proposed solution, experience and qualifications may take precedence over price. Accordingly, such factors as proposed solution, previous record, ability, capability, price, project, approach, and other factors will be used to evaluate proposals and recommend award of contract to the respondent whose proposal is determined to be in the best interest of the City. The Proposal Price Evaluation in this process will consider the Proposal Price for Schedule "A" the first three years. 6 ~i 12. CONTRACT AWARD The City reserves the right to reject any and all proposals, waive any irregularities, make an award to any respondent whose proposal or portion thereof is deemed to be in the best interest of the City, and to waive any non-substantial irregularities. The Firm awarded the Contract, if any, shall execute the Contract, furnish good and sufficient bonds as herein required, and provide a certificate of insurance as herein required, within ten (10) days after receiving the Contract for execution. If the Firm awarded the Contract is a corporation, it shall furnish certificates as to its corporate existence and evidence that the officer signing the contract is authorized to do so on behalf of the corporation, prior to the City's execution of the Contract. 13.SUBLETTING OR ASSIGNING OF CONTRACT The Contractor shall not sublet, sell, transfer. Assign, or otherwise dispose of the contract or any portion thereof or the work provided for therein or of any part or all of his right, title or interest therein without the express written consent of the City. Any such attempt without the express written consent of the City shall be void ab initio and shall allow the City, at its option, to void the Contract. 14. PATENT FEES, ROYALTIES AND LICENSES If the Contractor requires or desires to use any design, trademark, material or process covered by letters of patent or copyright, the Contractor and his Surety shall indemnify and save harmless the' City from any and all claims for infringement by reason of the use of any such patented designs, trademark, mentioned or processed in connection with the work agreed to be .performed under the Contract and shall indemnify the City from any costs, expense or damage which: he may be obliged to pay by reason of any infringement at any time during the prosecution of, or after completion of, the work. 15. LIENS Because the work called for under the Contract is "public work" under Chapter 255, Florida Statutes, the Contractor shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies cannot be asserted against the City of Sebastian and are subject to proper notice to (Contractor's Name) and to (Contractor's Surety Company Name), surety, pursuant to Chapter 255 of Florida Statutes. This paragraph shall be inserted in every sub-contract hereunder." 16.PRE-PROPOSAL CONFERENCE AND WALK THROUGH A mandatory pre-proposal conference and walk through has been scheduled to be held at location, date, and time as stipulated in the Notice of Request for Proposals. The purpose of this conference will be to review all conditions outlined herein -and discuss any questions pertaining to this RFP. ~~ 7 GENERAL CONDITIONS 1. DEFINITION OF TERMS Where the following terms, or their pronouns, occur herein or in any of the Contract Documents, they shall have the following meanings: A. Contract The written agreement between the City and the Vendor covering. the work to be performed, including all Contract Documents. The words Contract and Agreement shall mean the same. B. Contract Documents All forms and documents comprising the Contract are described in the Form of Agreement, Article 1. Contract Documents in page 37. C. City ("Owner") City of Sebastian, 1225 Main Street; Sebastian, Florida 32958. D. Contractor The individual, partnership, or corporation who, by executing the Contract,. agrees to perform the work described therein. E. Specifications All of the technical and special requirements and standards of performance applying to the work as hereinafter detailed, or which may be stated in an Addendum. F. Change Order A written order issued by the City to .the Contractor directing certain changes, additions, or reduction in work. G. Notice to Proceed A written notice issued by the City designating the Commencement Date and Completion Date of the Contract. H. Work Everything expressly implied or required to be done by the Contractor under this Contract, .including famishing and installing materials, as well as any extra work properly authorized by the City. I. Extra Work -Work not included in or required by the Contract Documents and not reasonably related to or Incidental to such work. J. Site The area upon or in which the Contractor is to perform the work and such other areas adjacent thereto as may be designated as such by the City. ,( ~ 8 f~? K. Subcontractor Any individual, partnership, or corporation other than the contractor's employees, who contracts with the Contractor to furnish, or actually furnishes, labor, materials, or equipment, or any combination thereof, in connection with the work performed under the Contract. L. Commencement Date The date on which the Contractor may start the Work, as described in the Notice to Proceed. M. Completion Date The date on which all Contract work, other than guarantee and maintenance work is required to be completed. N. Time of Completion The total number of calendar days from and including Commencement Date through the Completion Date. 2. CONTROL, SUPERVISION AND INSPECITON OF WORK A. The City shall have full control and direction of the work in all respects. The City shall have. the right to supervise the work, as the City deems necessary. B. The City shall at all times have the right to inspect the work and the site. The Contractor shall furnish all reasonable means for obtaining such information, as the City may desire, respecting the quality of the work and materials and the manner of conducting the work. The City shall not have. the power to waive the Contractor's obligation to properly perform the work as herein prescribed. C. The .Contractor. shall perform the work at the times and days specified by the City unless otherwise required, as directed or permitted by the City. The Contractor shall receive no extra payment for such work. D. The City's right.to inspect and supervise shall not relieve the Contractor from his responsibilities and obligations. under the Contract. The City shall not be responsible for the safety of the Contractor's personnel, the safeguarding of the work, or the proper performance of the Contractor. E. The Contractor is responsible for all supervision necessary to perform work in accordance with these specifications. F. The Contractor and its employees as well as subcontractors and their employees must comply with all City regulations. 3. SUPERINTENDENTS When the Contractor is not present at the site, any orders given by the City to the Contractor's foreman or superintendents shall be strictly obeyed and shall be treated in all respects as if given to the Contractor. Furthermore, the Contractor shall provide the City an emergency phone number to allow contact with him or his representative f at times when he is not on the site. ''l ~ 9 4. SUBCONTRACTORS A. The Contractor shall not sublet the whole or any part of the work without the written consent and approval of the City. In all cases, the Contractor shall give his personal attention to the work, the subcontractors being considered as foreman employed by the Contractor and liable to be discharged by the City for neglect of duty or. in competency or misconduct. B. After acceptance of any subcontractor by the City, the Contractor shall not replace the subcontractor with a new subcontractor without the written approval of the City. 5. EMPLOYEES Contractor shall employ qualified personnel to perform the work requiring special qualifications. Contract personnel shall have the necessary skills and experience to perform all the services. required in accordance with acceptable standards for this type of work as determined. by the City. Any person employed on the work who fails, refuses, or neglects to obey the instructions of the City in anything relating to this work, or who appears to the City to be disorderly, insubordinate, unfaithful, or incompetent, shall upon the order of the City, be at once discharged and not again employed on any part of the work. Any interference with, or abusive or threatening conduct toward any City employee by the Contractor or his employees or agents, shall be authority for the City to annul the Contract and re-contract the work at the discretion of the City. The City of Sebastian Police Department, at the City's expense, will conduct background checks/investigations of all the Janitorial Service employees in order for them to be qualified to perform for the City the services described in the RFP documents. 6. GRANGES IN SCOPE OF WORK; EXTRA WORK While the City has tried to anticipate all work required under and during the term of this Contract, the parties understand and agree that the work required herein may require, without notice to the sureties, the performance of extra work or the omission of work previously required. The City may, at any time, require changes in the scope of work under this Contract, as the City may f nd necessary or desirable. Such changes may include the omission of work previously required. A. The City shall notify Contractor of the change in scope via a Change Order, which shall become a part of the Contract Documents. If a change order directs Contractor to omit work, the Contractor shall refrain from performing it. B. The Contractor shall perform extra work only pursuant to the issuance by the. City of a Change Order. Records of any extra work performed by Contractor shall be reviewed daily by the Contractor and City, duplicate copies of accepted records made and signed by both Contractor or his representative and the City, and one copy retained by each. C. Payment for extra work performed shall be calculated as described in General Conditions Article 7, as long as the Contractor submits a claim of payment upon certified statement supported by receipted bills. 10 ~~ 7. PAYMENT FOR EXTRA WORK If the City issues a Change Order for the performance of extra work as described in General Conditions Article 6, payment shall be based upon any mutually agreed upon lump sum or, 'if the parties cannot mutually agree upon sum, then by the following method, designed to provide Contractor his direct costs plus a five percent (5%) profit: A. The Contractor shall receive an amount for labor cost, based on the current local hourly wage rate, as agreed upon by Contractor and the City prior to starting such work, ,for all labor and foreman in direct charge of the authorized operations. 1) The Contractor shall receive said amount for Contractor's or any subcontractor's labor and foreman. 2) The Contractor shall provide documentation satisfactory to the City as to the hours actually worked. B. The Contractor shall receive an amount equal to seven percent (7%) of the total labor cost, as computed in Sub-Article (A) above, for costs of general supervision and' the furnishing and use of miscellaneous equipment, such as vacuums, brooms, and similar items. C. .The Contractor shall receive an amount equal to the actual cost of services provided. Contractor shall document such .costs to the City's reasonable satisfaction. D. The Contractor shall receive an amount equal to the rental price paid by Contractor, for any rented .special equipment and machinery used by Contractor or any sub-contractor, required for the economical performance of the authorized work. E. The Contractor shall receive a profit percentage of five percent (5%) of the sum of Sub-Articles (A) through (E) of this Article. F. The Contractor's total reimbursement shall be the sum of Sub-Articles (A) through (E) of this Article 8. OMITTED WORK The City may, at any time by a written order, require the omission of such Contract work as the City may find necessary or desirable. All work so ordered must be omitted by the Contractor. The amount by which the Contract Price shall be reduced shall be determined as follows: A. By such applicable unit prices, if any, as are set forth in the Contract; or B. If there are no applicable unit prices, then by an appropriate lump sum price, if any, set forth in the Contract; or 4 p~ „ C. If there is no lump sum price, then by the reasonable and fair estimated cost of such omitted work as determined by the City. 9. TERMINATION OF CONTRACT A. The City -shall have the right to terminate this contract at any time with or without cause. B. The occurrence of any of the following shall institute a default by Contractor and shall provide the City with a right to terminate this Contract in accordance with this Article, in addition to the right to pursue any other remedies, which the City may have under this Contract or under law: 1) If in the City's. opinion Contractor is improperly performing work or violating any provision(s) of the Contract Documents. 2) If Contractor neglects or refuses to correct defective work as directed by the City pursuant to an inspection; 3) If Contractor assigns this Contract or any money accruing thereon or approved thereon; or 4) If Contractor abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or received is appointed for Contractor or for any of his property. C. If the Contractor fails to correct or cure within the time provided in the preceding Sub-Article B, the City may terminate this Contract by notifying Contractor in writing.. Upon receiving such notification, Contractor shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site: D. The Contractor, and where applicable, Contractor's sureties, shall be liable for: 1) Any costs incurred by the City in soliciting proposals to award a new contract; 2) The difference between the cost of completing the new contract and the cost of completing this Contract; and 3) Any court costs and attorney's fees associated with .any lawsuit undertaken by the City to enforce its rights herein. 10. SAFETY; MAINTAINING THE SITES A. The Contractor shall be responsible for instructing their employees in all safety measures. The Contractor shall not permit the placing or using of janitorial materials and equipment in traffic lanes or other locations in such manner to create safety hazards and shall provide appropriate warning signs for areas closed for performing janitorial services. 12 ~~ B. All material and supplies shall be in clearly marked containers indicating content and warning labels. C. The Contractor shall maintain safety at all times in cooperation with the City. The Contractor shall be responsible for any damage to existing utilities, property, or persons arising out of Contractor's work at the work site. The Contractor shall take precautions as are necessary to protect the public, the City and its employees, and Contractor's employees from hazards associated with Contractor's use and occupancy of the work site, in cooperation with the City. D. The Contractor shall maintain the work site in a safe and reasonable condition. For any period, including weekends and holidays, during which work is halted, Contractor shall ensure that the work site on which work has been halted is in a condition that is clean, orderly, and satisfactory to the City. 11. LOSS CONTROUSAFETY A. All costs due to loss, theft, or damage to all City materials, equipment, and property shall be the responsibility of the Contractor. B. Precaution shall be exercised at all times by the Contractor for the protection of all persons, including employees and property. The Contractor shall comply with all applicable laws, regulations and ordinances related to safety and health, shall make special effort to detect hazardous conditions, and shall take prompt action when loss control safety measures are reasonably necessary. C. The City may order work to be stopped if conditions exist that present an immediate danger to persons or property. The Contractor acknowledges that such stoppage will not shift responsibility for any damages from the Contractor to the City. 12. SUSPENSION OF WORK The City shall have the right to require the Contractor to suspend work. The City may, at any time and without cause, suspend the work or any portion thereof for a period not more than 30 days by notifying the Contractor to cease work. The City's decision as to suspensions shall be final and binding. Whenever the Contractor is required to suspend work for any reason, the Contractor shall secure the site and protect the work; so as to preserve the site and the work from damage, destruction, and loss. 13. ROYALTIES AND PATENTS All fees, royalties, and claims for any invention, or patent of any articles, material, arrangement, appliance, or method that may be used upon or in any manner be connected with this work, are hereby included in the process stipulated in this Contract for said work. 13 48 14. INDEMNIFICATION The Contractor shall assume full responsibility and shall hold harmless and fully indemnify the City, the City's employees and agents, from all claims, damages, losses, and expenses (including attorney's fees) that may arise as a result of performance of the work, including any claims relating to loss or destruction of or damage to property, claims relating to bodily injury or death, and claims relating to infringement of patent right or copyright held by others; and shall defend any suit brought against the City, the City's employees, and the City's agents of such claims. 15. INSURANCE Before starting the work and until final acceptance of the work by the City, the Contractor- shall procure and maintain insurance of the types and to the limits specified in Article 1 of the Supplementary General Conditions. Further, the Contractor shall require each of his subcontractors to procure and maintain, until completion of that subcontractor's work, insurance of types and to the limits specified in Article 1 of the Supplementary General Conditions. It shall be the responsibility of the Contractor to ensure that all of his subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. 16. INTERPRETATION OF SPECIFICATIONS The City shall decide all questions concerning the interpretation of all Contract Documents pertaining to the Character, quality, amount and value of any work done under or by reason of this Contract and the City's estimate and decisions shall be final and conclusive. 17. DISPUTED WORK If the Contractor is of the opinion that any work required, necessitated, or ordered is not within the terms and provisions of this Contract, he must promptly notify the City, in writing,- of his contentions with respect thereto and request a final determination thereon. If the City determines that the work in question is not extra work, and that the order under dispute is proper, the Cifir will direct the Contractor to proceed and the Contractor shall promptly comply. Final determination and decisions in case an questions shall arise shall constitute a condition precedent to the right of the Contractor to receive any money therefore until the matter in question has been determined. 18. NO WAIVER OF LEGAL RIGHTS A. The City shall not waive any rights hereunder by making any payment of any kind, or accepting any work, unless expressly stated otherwise. No waiver by the City of any right arising by virtue of Contractor's breach shall be held to be a waiver of subsequent breach. B: The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet requirements of the Contract. The City further reserves the right should conclusive proof of 14 ~ ` ((~ defective- work on the part of the Contractor be discovered after a Partial Payment has been made, to claim and recover by process of the law such sums as may be sufficient to correct the error or make good the defects in the work. C. Any waiver of any provision of the Contract Documents shall be specific, shall apply only to the particular item or matter concerned and shall not apply to other similar or dissimilar items or matters '19. DEFECTIVE WORK A. The Contractor shall correct any and all defective work. If at any time, before final acceptance of the work, defects therein shall be found as determined by the City, the Contractor shall promptly correct such defects at its own expense. B. Should the Contractor fail or refuse to .correct any defective work performed, in accordance with the requirements of the Contract within the time indicated in writing, the City shall have the authority to cause the unacceptable or defective work to be corrected, as may be necessary to be made at the Contractor's expense. Continued failure or refusal on the part of the Contractor to make any or all necessary corrections promptly, fully, and in an acceptable manner, shall be sufficient cause for the City to declare the Contract forfeited, in which case the City at its option may instruct the City to purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm or corporation, or may proceed with its own forces to perform the work. C. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due,. or which may become due him, or shall be charged againsf the Contract bond. 20. TOOLS & EQUIPMENT A. The Contractor is responsible for furnishing and maintaining all equipment in safe operating condition to peroorm duties in accordance with these specifications. B. If at any time before the commencement or during the progress of the work, tools or equipment appear to the City to be insufficient, inefficient or inappropriate to secure the quality of work required, or the ~ proper rate of progress, the City may order the Contractor to increase their efficiency, to improve character, to augment their number or substitute new tools or equipment, as the case may be, and the Contractor shall conform to such order. The failure of the City to demand such increase of efficiency shall not relieve the Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by the Contract and to the satisfaction of the City. ~~ 15 21. TESTING The Contractor shall perform, or obtain the performance .of, any testing required herein. The Contractor shall bear the cost of any testing required under the Contract, as well as any retesting required as a result of failures will be at the Contractor's expense. The Contractor's bid prices shall be construed as including the cost of any such testing. 22. PERMITS AND LICENSES The Contractor shall obtain and pay for all permits, licenses and inspections required for the work specified herein from any agencies having jurisdiction over the work. The Contractor shall comply with all applicable laws, codes and .regulations and shall call for and obtain inspections on all items requiring inspection. 23. .MISCELLANEOUS A. Whenever any provision of the Contract Documents requires the giving of written notice .to the Contractor, notice shall be deemed to have been validly given if delivered in person to the. individual or to a member of the firm or to an. officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. Whenever any provision of the Contract requires the giving of notice to the City, it shall be deemed to have been validly given if delivered in person to the Office of the City Manager unless otherwise specified herein. B. The parties expressly recognize that the relationship between the City and the. Contractor is that of independent contractors, and that neither the Contractor nor any of his servants, agents or employees shall ever be considered to be an agent, servant or employee of the City. C. If any provision of this Contract is found invalid. for any reason, the remainder of the Contract shall remain valid. D. If a conflict between the parties regarding this Contract results in litigation, venue shall be in Indian River County, FI. Venue shall not lie in any other jurisdiction. The prevailing party shall be entitled to reimbursement of all court costs, the cost of expert witnesses, costs of depositions, and costs for attorney's fees incurred as a result of the default. 16 5` SUPPLEMENTARY GENERAL CONDITIONS 1. INSURANCE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements. A. Workers' Compensation Coverage to apply for all employees. for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include: 1) Employers' Liability with a limit of $100,000 each accident and disease. 2) Notice of Cancellation and/or Restriction -the policy must be endorsed to provide the City with thirty (30) days notice of cancellation and/or restriction. 3) If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. B. Commercial General Liability Coverage must be afforded on a form no more than the latest edition of the Commercial General Liability Policy, on an occurrence basis, filed by the Insurance Services Office and must include: 1) Minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 2) Premises and Operations. 3) Independent Contractors 4) Products and Completed Operations Contractors shall maintain in force until at least three years after completion of all services required under the Contract, coverage for products and completed operations, including Broad Form Property Damage. 5) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 6) Additional Named Insured The City is to be specifically included as an additional named insured (including Products and Completed Operations) for liability of the City resulting from operations performed by or on behalf of the Contractor in performance of this Contract and for liability of the City for acts or omissions of the City in connection with the general supervision of such operations. Contractor's insurance including that applicable to~ the City as ;~ Z 17 an Additional Named Insured shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute with Contractor's insurance. Contractor's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Named Insured in the same manner as if separate policies had been issued to each. 7) Notices of Cancellation and/or Restriction The policy must be endorsed to provide the City with thirty (30) days .notice of cancellation and/or restriction. C. Business Auto Policy Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: 1) Minimum Limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 2) Owned Vehicles. 3) Hired and Non-Owned Vehicles 4) Notice of Cancellation and/or Restriction The policy must be endorsed to provide. the City with thirty (30) days notice of cancellation and/or restriction. 5) Additional Named Insured The City is to be specifically included as an additional named insured. Contractor's insurance including that applicable to the City as an Additional Named Insured shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not. contribute ~~~ith Contractor's insurance. Contractor's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Named Insured in the same manner as if separate policies had been issued to each. D. Certificate of Insurance Certificates of insurance evidencing the insurance coverage required from the Contractor for each type of coverage specified herein shall be filed with the City before starting work, and shall be subject to the City's final approval for adequacy and protection. Certificates from the insurance carrier, stating the types of coverage provided, limits of liability and expiration dates, shall be filed with the City before operations are commenced. City of Sebastian shall be identified as an ,n 53' additional named insured for each type of coverage required herein. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Contract and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this Contract. The City of Sebastian is an additional ..insured only for accidents and claims arising from Contractor's performance of work that are covered under Contractor's commercial general liability and business auto policies associated with this contract. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance and required copies of policies shall be furnished to the City thirty (30) days prior to the date of their expiration indicated on the initial insurance certificate. The proceeding provision shall not be construed to indemnify the City of Sebastian from losses arising out of or caused solely by the negligence of the City of Sebastian, its employees, agents or subcontractors. Nothing herein shall be construed as a waiver of sovereign immunity by the City. 2. CONFLICTS The following principles shall apply in resolving any conflict among or ambiguity in the Contract documents. A. The Supplemental General Conditions and Special Requirements shall have priority over the General Conditions and Form of Agreement in case of conflict. The Technical Specifications shall take precedence over all other contract provisions. B. When measurements are affected by conditions already established, it shall be the Contractor's responsibility to verify all such dimensions at the site and the actual job dimensions shall take precedence over scaled or City- calculated dimensions. 3. APPLICABLE STANDARDS All standards referred to herein shall mean the latest revision under the same specification number or for those provisions in the new or revised specifications which are clearly inapplicable. The following abbreviations have been used in referring to other standards. NEC National Electrical Code NEMA National Electrical Manufacturer's Associates IEEE Institute of Electrical and Electronic Engineers OSHA Occupational Safety and Health Administration L{ 19 ASME American Standard of Mechanical Engineers. ANSI American National Standards Institute NFPA National Fire Protection Association AISC American Institute of Steel Construction AWS American Welding Society EPA Environmental Protection Agency ASTM American Society of Testing Materials FDEP Florida Department of Environmental Protection 4. 5. Whenever a conflict exists between these standards and the Contract Documents, the Contract Documents shall govern. In the event of a conflict between any of the above codes and standards, the one having the most stringent requirements shall take precedence unless otherwise approved in writing by the City. QUALITY OF SERVICE AND WORKMANSHIP The direction and supervision of janitorial services shall be by competent and qualified personnel, and the Contractor shall devote sufficient personnel, time and attention to the direction of the operation to assure providing excellent workmanship and the highest quality of services to the City. Workmanship shall be first class and the finished product equal to the best-accepted standards of the.trade for the category of work performed. All work shall be performed by experienced, skilled tradesman. MATERIALS DISPOSAL AND CLEANUP The Contractor shall comply with all pertinent local, state and federal regulations as enforced by the EPA, FDEP, U.S. Coast Guard and any other regulatory agency. The Contractor shall be responsible of the disposal of all hazardous and non-hazardous materials in accordance with EPA, FDEP, and OSHA requirements. Additionally, the Contractor shall comply with all regulatory requirements for the cleanup of all spills as a result of the work performed. 6. CONTRACTOR SAFETY A. The Contractor shall ensure that all personnel are wearing the proper uniforms and work shoes meeting OSHA and ANSI requirements for the work being done. When working with hazardous. materials, the Contractor shall use protective facemasks, clothing and gloves. When working in enclosed areas, the Contractor shall supply all necessary extractors and ventilating equipment to maintain a safe work area. All personnel working above floor level will wear safety harnesses. Extreme caution shall be maintained while working around natural gas, bunker "C" oil, diesel oil, hydrogen and any other inflammable or explosive substance. B. Any Contractor personnel not wearing required safety equipment or complying with all safety standards and requirements will be removed from the work site until such time as appropriate safety equipment is worn or standards observed. C. The City shall not be responsible for the safety of the Contractor's personnel, the safeguarding of the work, or the proper performance of the Contractor. 20 ~ ~\ 5 5~ JANITORIAL SERVICES TECHNICAL SPECIFICATIONS 1.0 INTENT The specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The specifications do not purport to cover all details for the Work and intend to establish the minimum standards of quality for the Work and accordingly set forth the minimum requirements of performance, workmanship and materials. It is also intended that the Contractor's price shall include furnishing all supervision, labor, equipment, tools, materials and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include any incidental work necessary for the proper completion of the Work by the Contractor. 2.0 SCOPE OF WORK Work under this Contract includes but is not limited to, providing professional janitorial services as specified .herein. Work shall be performed at designated City buildings and/or facilities in accordance with the work services requirements and frequencies specified for each designated type of surface and/or area to be serviced. 3.0 WORK SERVICES REQUIREMENTS Contractor shall provide services at City Buildings and/or facilities in accordance with the specific requirements of the. designated work surfaces and/or areas as specified herein and other Contract documents. Services shall include cleaning, vacuuming, waste removal, replenishment of supplies and other related work including but not limited to the following: A. Cleaning and maintenance Restrooms including floors, fixtures, partitions, Sinks, countertops, mirrors, supply dispensers and waste receptacles. B. Gleaning and maintenance of Break rooms, Kitchens or Lunch Rooms Including floors, sinks, countertop and cabinet surfaces. C. Cleaning of Glass and Mirror Surfaces D. Waste Removal E. Dust Cleaning (no feather dusting) F. Cleaning of Woodwork G. Vacuum and maintain Carpeted Floors H. Clean, mop and wax as required for proper maintenance of hard floor areas I. Miscellaneous Maintenance The Contractor shall perform services on a daily, weekly, biweekly, monthly, or any other frequency basis specified for each type of surface or area and described herein. S~ 21 AREAS TO BE SERVICED Entranceway 5x/week Reception area 5x/week Lobby & waiting area 5x/week Multi-workstation office areas 5x/week Office 5x/week Executive office 5x/week Conference room 5x/week Kitchen and/or break area 5x/week Restrooms 5x/week Hallways 5x/week BASIC SERVICES Spot clean light switches, walls, doors, and doorframes 1 x/week Wipe down desks, counter tops, free of papers and debris as requested Dispose of waste and install new liners, if necessary 5x/week Clean inside/outside of waste receptacles as needed Clean and disinfect sinks and clean water bottle trays 5x/week Dust office furniture other then desks 1 x/week Wipe down windowsills 1 x/week Dust partition tops 1 x/week Vacuum partition walls -Police Department 1x/week Dust picture frames and light fixtures 2x/month Dust baseboards and chair bases 1 x/month Dust window blinds 1x/rnonth Remove cobwebs as needed CARPETS Vacuum all traffic areas 5x/week Vacuum corners, edges and non-traffic areas 1x/week HARD SURFACE FLOORS Sweep or vacuum all traffic areas 5x/week Spot mop all areas 5x/week Sweep corners, edges and non-traffic areas 1 x/week Thoroughly mop all areas 1x/week Spray buff all VCT the 1 x/month RESTROOMS Spot clean vertical surfaces: walls, doors, and partitions as needed Wipe down horizontal surfaces: counter tops, dispensers, toilets 7x/week Detail: door handles, kick plates and light switches as needed Clean and disinfect toilets and urinals 7x/week Clean all mirrors 7x/week 22 ~ ~ ~ Dispose of waste and install new liners 7x/week Dust partitions and ledges 7x/week Low dusting: baseboards, toilet bases and beneath sinks 3x/week Wet mop hard surface floors using germicidal product 7x/week Restock hand soaps and proper disposables 7x/week High dusting: air grills, ceiling fixtures 1 x/month KITCHEN ~ BREAK AREA Spot clean vertical surfaces: cabinets, appliances and walls as needed Wipe down horizontal surfaces: tables, appliances and counter tops 5x/week Clean and disinfect sink 5x/week WINDOWS & GLASS Spot clean entranceway door glass and windows 5x/week SECURITY AND COMMUNICATIONS Complete punch list and check communication log 5x/week The contractor is expected to use their professional judgment to perform necessary cleaning which may not be specifically detailed or scheduled in these specifications, including but not limited to cleaning up spills, stains and other unforeseen occurrences. The City will not be charged for cleaning not specifically outlined unless the City deems that it exceeds the scope of work of these. specifications and is agreed upon by the Contract Administrator prior to work being performed. All areas and surfaces designated to be serviced by the Contractor shall be left daily in a clean, sanitary and neat condition and in the highest level of appearance. Contractor personnel shall perform all required services in a workman-like and professional manner. ADDITIONAL SERVICES, BILLED SEPARATELY, Proposals will be requested as needed. Window cleaning Carpet cleaning Strip, seal and wax hard surface flooring Strip and seal restrooms 23 58 SPECIAL REQUIREMENTS JANITORIAL SERVICES 1. COMPLIANCE The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. The Contractor shall maintain, as required by the conditions, all necessary safeguards for safety and protection of his employees, the City or any visitors. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by the Contractor. 2. FACILITY AND AREA All work performed shall be for City of Sebastian facilities as identified in Exhibit A. 3. WORK SCHEDULE All areas referenced herein shall be serviced seven (7) days per week, unless identified otherwise, Sunday thru Saturday between the hours of 6:30 AM and 3PM. Facilities that are cleaned 7x weekly will still be cleaned on Holidays. 4. SUPERVISION The Contractor shall personally examine and supervise on a daily basis, all stated maintenance sites to insure strict compliance with specifications. Daily supervisory reports shall be completed upon each inspection. 5. SECURING FACILITIES A. The Contractor shall be responsible for keeping all buildings locked while he/she and their employees are on the premises. The contractor is also responsible for ensuring that no unauthorized personnel are permitted into any City facility while the Contractor is in the facility. The Contractor shall be responsible for locking all doors and turning lights off when they leave the premises. B. Should the Contractor find any facility unsecured upon arrival, they should notify the Contract Administrator by 5:00 PM of the next business day. 24 59 6. CITY SUPPLIED MATERIALS The City, shall provide toilet paper, paper towels (roll and. Multi-fold), hand soap and trashcan liners, air fresheners, and urinal screens for the Contractor to replenish restroom facilfies, kitchens and other areas. The Contractor shall notify the City when supplies, at each location, need .resupply. The Contractor shall be responsible for the resupply of City supplied materials at each facility. Materials are available through the City at a mutually agreeable location, Sunday through Saturday. . The Contractor or his supervisor shall clearly identify all locations where resupply is required. The City`s representative identified in Exhibit A, will identify storage locations in each facility. 7. MATERIALS & EQUIPMENT The Contractor shall provide all materials, except for those materials supplied by the City as described above in 6. All materials used shall be of high quality and shall not have a negative effect in any manner upon the health or welfare of any employee or persons employed by the Contractor, the City or any visitors. Likewise, all equipment and supplies used shall be of a high quality commercial grade necessary. to perform the work specified. 8. FIDELITY BOND The Contractor shall provide a Fidelity Bond in the amount of ($10,000.00) naming the City of Sebastian as the oblige, for each employee providing services to the City. In connection with each Bond, the Contractor agrees to provide a copy of each of its employee's application to the City. The awarded Company as insurer, binds itself to pay to the City of Sebastian, as employer, such pecuniary loss as employer shall sustain of money or other personal property (including that dishonesty, forgery, theft; embezzlement, wrongful abstraction, misappropriation or any other dishonest or criminal act or omission of or by any of the employees listed in the schedule forming a part of this bond directly or in connivance with any location in the service of employer). Proof of bonding shall be submitted to Contract Administrator on a quarterly basis. 9. SCHEDULE Contractor must submit a schedule of the monthly, quarterly, semiannual, and annual work to be performed during the following month to the Contract Administrator on the last Friday of the current month (i.e., a schedule for the month of June must be submitted no later than the last Friday in May). 10. PAPER/DOCUMENTS ON FLOOR All papers found on floor will be placed on the nearest desk or counter to prevent loss of important papers or documents. f ~ 25 C~ 11. BOXES Boxes and trash outside of a wastebasket or receptacle must be marked "Trash" before the vendor is expected to dispose of this material. 12. DAILY SUPERVISORY REPORTS Daily supervisory reports which include task site inspections shall be completed by the owner or lead supervisor of the janitorial service at the end of each cleaning cycle (each day/evening) for each City Building cleaned and services performed. These reports will be left on the Contract Administrators desk bearing the signature of .the owner or lead supervisor certifying that the required services have been performed properly. This report will be completed on the Inspection Report Form (Exhibit B). 13. RESPONDING TO COMPLAINTS All cleaning complaints shall be responded to and corrected within a four (4) hour time limit. All complaints and corrections shall be directed through the Contract Administrator. 14. QUARTERLY INSPECTIONS On a quarterly basis, the Contract Administrator and the owner- of the janitorial service will meet and complete awalk-thru of all City buildings to ensure strict compliance of all required services. At this time, a quarterly report will be completed and rated by both the Contractor and the Contract Administrator. This inspection will be completed on the Inspection Report Form (Exhibit B). 15. SERVICES NOT PERFORMED BY THE CONTRACTOR The City being unable to assess the values of all the different services required to be performed by the Contractor hereunder will deduct from the Contractor's request for payment a fixed charge of $50.00 per occurrence for any and all services not performed or services unacceptable, at the sole discretion of the City, and that the Contractor failed to correct to the satisfaction of the City. In the event that such occurrences take place an inordinate number of times as determined by the City, the City shall reevaluate the contractor's performance and determine disposition which may include the termination of the contract. Occurrence is defined as a service task in any part/subpart of a facility such as dusting an office, vacuuming a hallway, cleaning: a restroom, etc. or parts thereof. 16. KEYS All janitorial keys are issued to the Contractor and are the responsibility of the Contractor. The Contractor will be charged for the replacement cost of any lost key(s) and/or the cost of changing locks as a result of any lost keys. 26 ,~ V 17. ANNUAL REVIEW An annual review will be conducted every September to discuss additions, deletions, cleaning requirements, and any processes to improve the existing cleaning services. 18. BREAKDOWN AND STORAGE OF TABLES AND CHAIRS The Contractor shall be responsible for breakdown and storage of all tables and chairs located in the Community Center, and Yacht Club as required prior to cleaning the floor areas in each facility. Set up not required after cleaning. 19. CONTACT PERSON The Contractor shall provide the name and telephone number(s) of an English speaking contact person with a 24-hour phone number in case of emergency. 20. CONTRACT EMPLOYEE LISTS The City shall request the Contractor to provide a list of employees working certain days, hours, or assignments. Such list must be submitted within two (2) hours (unless otherwise indicated) of the City's request and must include Social Security numbers, picture ID badge, driver's license numbers, and addresses. When employees are hired, fired or specially assigned, the Contract Administrator shall be supplied with an updated list of all employees doing work on City property. 21. UNIFORMS All personnel must be visible, as Contractor's employee(s) shall wear uniform shirt (with name of company) and a visible picture ID badge while on City property. The Contractor's work force shall be neat and clean in appearance and shall bear the picture identification badge. Identification shall include the employee's name and company name. 22. I~'lOVING FURNITURE AND EQUIPMENT The. Contractor shall move and return all furniture and equipment (i.e., chairs, trash cans, mats, tables, etc) necessary to properly perform janitorial services on a weekly basis. 23. DAMAGE A. The Contractor will be liable for all damage(s) caused by any products, supplies, or equipment used to perform duties under this contract. B. The Contractor will be held responsible for any breakage and/or loss of equipment, supplies or articles on City property caused by negligence on the part of the Contractor and/or their employees. ~" 27 C. In the event damage occurs, the Contractor must report the damage to the Contract Administrator ~ by 10:00 A.M. on the following business day and submit a written report within twenty-four (24) hours describing the location of the damage, the cause of the damage, when the damage occurred and what action is recommended or has been taken to correct the situation. 24. CITY EQUIPMENT A. The Contractor and their employees shall not use any City equipment to include but not limited to microwave ovens, copy machines, fax machines, computers, audio visual equipment, typewriters, telephones, etc. The City reserves the right to request termination of any Contractor employees utilizing City equipment. B. The Contractor and their employees are not allowed to use any City telephones, except in the case of an emergency. (Emergency is defined as an urgent need for assistance. 25. VACATION The Contractor shall not be allowed vacation time as part of this contract. 26. NUMBER OF FACILITIES The City makes no guarantee as to the number of facilities that will be included in this contract at anytime. The City reserves the right to add or remove facilities or seek new proposals as deemed to be in the City's best interest. In the event the City adds or deletes facilities or areas within a facility, the contract will be adjusted in accordance with bid prices most advantageous to the City. In the event the facility is not included as part of this bid, the Contract Administrator will negotiate the services to be performed and a price with the Contractor. 27. COST ADJUSTMENTS Compensation payable to the Contractor for services provided hereunder shall be adjusted upward or downward annually to reflect changes in the consumer price index for All Urban Consumers for the Southeastern U.S., all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Beginning October 1, 2007, and on each October 1 thereafter, the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12} month period of June to June, but no increase or decrease shall exceed three percent (3%) per annum. The Contractor shall notify the City in writing of increases that are based on the CPI, as provided in this section, no-less than thirty (30) days prior to their implementation. 28 W~ QUESTIONAIRE ~y The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business as a supplier of these materials/services? 2. What is the last project of this nature that you have completed? 3. List of current contracts indicating name of owner, duration, completion date and amount: 4. Name three individuals or corporations for which you have perFormed work of this size and nature to which you refer: Phone Phone Phone 5. Have you ever failed to complete work awarded to you; if so, where and why? 6. Have you personally inspected the proposed work and have you a complete plan for its performance? 7. Will you need to hire new personnel to perform any part of this work? If so, give details: 8. Will you need to hire personnel to supervise any portion of the work? 29 9. Will you sublet any part of this work? If so, give details: 10. What equipment do you own that is available for the work? 11. What equipment will you purchase for the proposed work? 12. What equipment will you rent for the proposed work? 13. The following is given as a summary of the Financial Statement of the undersigned: (List assets and Liabilities and use insert sheet if necessary). 14. State the true, exact, correct, and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the name of all partners. If a trade name, state the names of the individuals who do business under the- trade name. It is absolutely necessary that this information be furnished.) (Correct name of Proposing Firm) a.) .The business is a Sole Proprietorship, Partnership or Corporation. b.) The address and phone number of principal place of business is: 30 ~5 c.) The names of the corporate ofFicers, or partners, or individuals doing business under a trade name, are as follows: Authorized Signature Title 31 U~ Printed Name Date EXHIBIT "A" BUILDING LIST DAYS TO CLEAN Old City Hall X5 New City Hall X5 Police Department ~ X7 Golf Course Club House X7 Community Center X6 Yacht Club &Restrooms X7 Riverview Park Restrooms X7 Schumann Tennis Restrooms X7 Hardee Park Restrooms X7 Barber Street Sports Complex X7 Creative Playground Restrooms X7 Football Field Restrooms X7 Baseball Field Restrooms ~ X7 Garage and Public Works Compound X5 Airport Administration Building X5 Splash Pad Restrooms X7 Friendship Park Restrooms X7 Office & Concession X7 Restrooms outside old Council Chambers X7 32 --~ EXHIBIT B" INSPECTION REPORT FORM PAGE 2 Week of Frequency Monday Tuesday Wednesday Thursday Friday Saturday Sunday Entranceway Reception area Lobby & waiting area Multi-workstation office areas Office Executive office Conference room Kitchen and/or break area Restrooms Hallways BASIC SERVICES Spot clean light switches, walls, doors, and doo Wipe down desks, counter tops, free of papers Dispose of waste and install new liners, if nece: Clean inside/outside of waste receptacles Clean and disinfect sinks and clean water bottle Dust office furniture other then desks Wipe down windowsills Dust partition tops Vacuum partition walls -Police Department Dust picture frames and light fixtures Dust baseboards and chair bases Dust window blinds Remove cobwebs CARPETS Vacuum all traffic areas Vacuum comers, edges and non-traffic areas HARD SURFACE FLOORS Sweep or vacuum all traffic areas Spot mop all areas Sweep comers, edges and non-traffic areas Thoroughly mop all areas Spray buff all VCT file RESTROOMS Spot clean vertical surfaces: walls, doors, and Wipe down horizontal surfaces: counter tops, toilets Detail: door handles, kick plates and light swif Clean and disinfect toilets and urinals Clean all mirrors Dispose of waste and install new liners Dust partitions and ledges Low dusting: baseboards, toilet bases and be Wet mop hard surface floors using gennicida Restock hand soaps and proper disposables High dusting: air grills, ceiling fixtures ~g EXHIBIT "B" INSPECTION REPORT FORM Week of Frequency Monday Tuesday Wednesday Thursday Friday Saturday Sundey Spot clean vertical surfaces: cabinets, appliances and walls as needed Wipe down horizontal surfaces: tables, appliances and Countertops Sx week Clean and disinfect sink 5 x week WINDOWS & GLASS Spot clean entranceway door glass and windows 5 x week SECURITY AND COMMUNICATIONS Complete punch list and check communication log 5 x week 33 ~~~~ .CITY OF SEBASTIAN FORM OF AGREEMENT PROFESSIONAL JANITORIAL SERVICES This Professional Janitorial Services Contract is executed by and between the City of Sebastian, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (hereinafter "City"; and whose address is hereinafter "Contractor". The parties hereto agree to the following terms and conditions: 1. CONTRACT DOCUMENTS The following documents are attached hereto and made a part of this Contract: Notice of Request for Proposal, RFP Documents, Addenda as required, Instructions to Vendors, General Conditions, Special Requirements, Supplementary General Conditions, Proposal Form, and Proposal Schedule "A", Form of Agreement, Public Entity Crimes Sworn Statement, Drug-Free Workplace Statement, Bonding, Questionnaire, Technical Specifications, Exhibits and Change Orders. 2. TERM & RENEWAL The term of the Contract shall be for three (3) years beginning and ending Thereafter, the contract may be renewed for an additional three (3) years in one (1) year increments by mutual consent of both parties.. 3. SCOPE OF WOR~4 The Contractor shall perform all the work as described in the documents entitled "PROFESSIONAL .JANITORIAL SERVICES" for the City, and shall do everything required by this form of Agreement acid any other Contract documents. 4. PAYMENT A. The City shall make a single monthly lump sum payment for the prior month's services, as described in the Contract Price Schedule, once the contractor has completed the work in accordance with the Contract Documents 34 ~T Q B. No invoice shall include Federal Excise, State or City Sale Tax, City shall furnish tax exemption certificates upon request. 5. CANCELLATION City shall have the right to cancel, this Contract in its entirety, or all or any part of the undelivered portion of any purchase release, if Contractor breaches any of the terms hereof, including Contractor's warranties, or if Contractor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and in lieu of any other remedies, which City may have in law or equity. 6. TERMINATION The City may terminate this Contract at any time without further obligation hereunder upon delivery of a written notice of termination. . 7. GRATUTIES The City may by written notice to the Contractor, cancel this Contract without liability to Contractor if it is determined by City that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing a Contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a Contract. In the event this Contract is canceled by City pursuant to this provision, City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 8. SPECIAL TOOLS & TEST EQUIPMENT If any of.the prices stated in the Bid Schedule include the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the . Contractor as such. 9. FORCE MAJEURE Neither party shall be held responsible for losses resulting to the other if the fulfillment of any obligation of this Contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 10. ASSIGNMENT-DELEGATION No .right or interest in this Contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 35 ~~1 11. SUBCONTRACTORS The Contractor shall not sublet the whole or any part of the Contract without the consent and approval of the City. 12. WAIVER No claim or right arising out of a breach of this Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 13. MODIFICATIONS This Contract can be modified only by a writing signed by both of the parties or their duly authorized agents. 14. INTERPRETATION-PAROL EVIDENCE This writing is intended by the parties as a final expression of their agreement and is a complete and exclusive embodiment of the terms . of their agreement. Neither prior course of dealings between the parties nor usage of the trade shall be used to supplement or explain any term used herein. 15. APPLICABLE LAW This Contract shall be governed by the law of the State of Florida. 16. RIGHT OF ASSURANCE Whenever a party to this Contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this Contract. i7. SPECIAL CONDITIONS If a conflict between the parties regarding this Contract results in litigation, venue shall be in the Circuit Court for Indian River County, Florida. Venue shall not lie in any other jurisdiction. The prevailing party shall be entitled to reimbursement of all court costs, the cost of expert witnesses, ,costs of depositions, and costs of attorney's fees incurred as a result of the default. The parties hereby waive all rights to trail by jury. 18. INDEMNIFFCATION AND INSURANCE The Contractor shall indemnify, hold harmless, and procure and maintain insurance provided in Paragraphs 1, Supplementary General Conditions, and to the extent required in said paragraphs, require any and all subcontractors to do the same. 36 ~~ 19. CONTRACT UNIT PRICES The unit prices contained in the Schedule "A" for Janitorial Services are incorporated herein, with changes as noted, and made a part of this contract. PROJECT NAME; PROFRESSIONAL JANITORIAL SERIVCES WITNESSED BY: Sign: Print: Sign: Print: (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF (NAME OF CONTRACTOR/COMPANY) Sign: Print: Sign: Print: Title: The foregoing instrument was acknowledged before me this of , 2007, by ---______ day as ,and behalf of the Corporation. They are personally known to me or have roducedn as identification and did, did not take the oath. NOTARY PUBLIC Sign: Print: State of Florida at Large (seal) Commission No. My Commission Expires: 37 ~~ ATTEST: Sign: CITY OF SEBASTIAN Sign: Sally A. Maio CMC/AAE Title: City Clerk (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Rich Stringer, City Attorney Alfred Minner Title: City Manager 38 ~`~' DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations. of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that maybe imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Signature ~J PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in .the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in .every detail and submit it with your quote; bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but riot limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR UOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID ~~ SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification (FEIN is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and dixectly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material nusrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural. person who is active in the management of the entity and who has been convicted of a public entity crime. 1~ The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of .shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie -case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with. the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a publiE entity. The term "person" includes those officers, directors, executives, partners, shareholders, .employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) ~~ _ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 2007 by day of (title) on behalf of (name of partnershi p is personally known to me or has produced P), a artnership. He/she and did Odid not O take an oath, as identification Name: My Commission Expires: Commission Number: ~9 ~o cmc~ ~~~~-s~r~~y HOME OF PELICAN ISLAND .. .. ,... ~yl~l lW~~jr't ~trt~t~~, ~ra~1..a4f_ltln `-a_ ~ ~tiH ~/lW.j .3~ti":i:,'.iV r Ct..?~ \i~l'',j j.n:.~'r-rt..iJ~'J MEMORANDUM Date April 19, 2007 To Mayor and City Council Members From Sebastian Tree Advisory Board Cc Ref. Champion Tree Nominee The Tree Advisory Board, during many field trips to measure Champion trees, discovered a champion River Birch tree and a champion Pandanus Palm. The Board would like to have a proclamation presented to each of the winners at the Arbor Day celebration scheduled for Saturday, April 28th, 2007. As stated in Resolution R-05-42 section 3. Award. "The City Council shall review Champion Tree nominations from the Tree and Landscape Advisory Board and shall, on a majority vote of Council, recognize Champion Trees for award of a Proclamation." Please find the attached Champion Tree Records for the nomination of the River Birch and Pandanus Palm champion trees for Council review and vote. We are requesting addition of this item to your April 25, 2007 agenda and with Council approval Proclamations will be drawn up for signature of the Mayor for presentation on April 28th, 2007. ~7.~~~. ~i 8~ ~IVOF HOME OF PELICAN iSIAND CHAMPION TREE RECORD '/' ~1~~ COMMON TREE NAME: ~ V ~ `~., ~'1 ~i SCIENTIFIC OR BOTANICAL DATE: i ~. ."'` ~ ~ TIME: O ~ r HOMEOWNER NAME: f'~~i ~ h" ADDRESS: ~ !' ~ fi "~,~. ~y TELEPHONE NUMBER: "~ r° TREE HEIGHT: ..~~ FEET PTS Sol .TREE CIRCUMFERENCE: /`~E.~ INCHES PTS~D CROWN SPREAD AVERAGE: ,~ ~„ FEET _ PTS~ TOTAL POINTS: CONDITION OF TREE: TREE BOARD MEMBERS NAME: I~ ~ i~'! ADDRESS: TELEPHONE NUMBER: SIGNATURE: NAME: ADDRESS: TELEPHONE NUMBER: SIGNATURE: a ~~ piY~F HOME OF PELICAN ISLAND COMMON TREE CHAMPION TREE RECORD SCIENTIFIC OR BOTANICAL NAME: I DATE: - a I _ HOMEOWNER ADDRESS: ~~ _ ~~ ~~ TELEPHONE NUMBER: TREE HEIGHT: ~ l FEET PTS TREE CIRCUMFERENCE: ~ ~ ~ ~ ~ INCHES PTS CROWN SPREAD AVERAGE: ~ ~ FEET PTS TOTAL POINTS: CONDITION OF TIME: I ~ ~ O~ ~- TREE BOARD MEMBERS NAME: V Y ~ ~ `~" ~~~ ~ ADDRESS:~~' ` G~~ TELEPHONE NUMBER: iy~ ~ ~ ...~ SIGNATURE: NAME: ,P~ ~"-' ADDRESS: 9'~~ e. '~ ~' f _ ' ~v"s .r ~ ' -~ TELEPHONE NUMBER: <~ ~~ SIGNATURE: ~~ S~ - - - - v+ z' itr C1K ~ - r~, ,~ ~+ ~a 1 HOME OF ~ PEL(GN 15UWD City of Sebastian ~ 1225 Main Street Sebastian, Florida 32958 Citizens' ~Sudget Revie~nr Advisory Cor~imi e City Exhibits: Section 2-167 Code Department Origin: Agenda No: (;~ `7, ~? ~ C? City Attorney: Date Submitted: 4/12/07 For Agenda of: 4/25/07 SUMMARY STATEMENT At the April 11, 2007 Regular Meeting, City Council named their appointees and appointed two at-large members to the Citizens' Review Advisory Board. In speaking to a member of Council after the meeting, and reviewing the meeting tape, it appears there may have been some confusion as to procedure for nomination and appointment. We typically appoint regular or at-large members by taking nominations and calling the roll for each position individually. As the process unfolded on April 11m it was my understanding that Council was making nominations for both of the at-large positions at the same time. That was most likely my misunderstanding and thus I steered Council wrong through the remainder of the process in stating that since there were only two nominations for the two at-large positions, no roll needed to be taken. I checked last year and the year before to see what appointment process we followed and found we did not have anyone apply for the at-large positions in 2006 so we only had a committee of five, and in 2005 the minutes indicate the Mayor referred to the two at-large positions as position A and position B and they were nominated and appointed separately. Section 2-167 of the Code, relative to general procedures for boards, states that "All boards and committees shall have at /easf one altemate member, with a maximum of two altemate members." I think we have not followed this requirement for this Board because it only meets once or twice a year typically. I would recommend, in fairness to Charles Cardinale who was the other at-large applicant, and in keeping with 2-167, that Council appoint him to an altemate position. As altemate, he may sit with the board and join in the discussion, and fill in during the absence of a regular member. RECOMMENDED ACTION If Council concurs, appoint Charles Cardinale as an altemate member of the Citizens' Budget Review Advisory Board. ~? BSS ADMINISTRATION § 2-168 ARTICLE VI. BOARDS, COMIVIISSIONS, COMNrr7°r~:ES* DIVISION 1. GENERALLY Sec. 2-166. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: Board shall mean any permanent board or committee of the city, which is established by ordinance as a permanent board or committee of the city. Committee shall mean any temporary committee or commission of the city, which is established by resolution to study a specific problem and recommend a solution or policy alternative within a time certain. Its existence shall terminate upon the completion of its assignment or on a date certain as provided by the resolution creating the committee or commission. Neither "board" nor "committee" shall be construed to include the city council. (Ord. No. 0-97-56, § 1, 9-25-97; Ord. No. 0-98-05, § 1, 7-8-98) Sec. 2-167. Appointments. The city council shall make all appointments and reappointments to the boards and committees of the city. Unless waived by the city council and the applicant, the city council shall interview persons requesting consideration for appointment at a public meeting. Following such interview, the city council shall fill the vacancy from the list of applicants. All ~, boards and committees shall have at least one alternate member, with a ma~mum of two alternate members. No person shall serve on more than one city board or permanent committee simultaneously. (Ord. No. 0-97-56, § 2, 9-25-97; Ord. No. 0-98-05, § 2, 7-8-98; Ord. No. 0-04-16, § 1, 9-15-04) Sec. 2-168. List of volunteers. Twice a year advertisements shall be published in a newspaper of general circulation setting forth a list of all city boards and committees, special qualifications necessary for membership and the city telephone number to call for additional information. (Ord. No. 0-97-56, § 3, 9-25-97) *Cross references-Jurisdiction of the code enforcement board, § 2-178; construction board, § 26-191 et seq.; planning and zoning board, ch. 54; board of adjustment, ch. 54. Supp. No. 33 CD2:13 9d ~i 4fYpF HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the Citv of Sebastian) NAME: C' !.~ ~-2 ~ ~3 ~ iI'L r D t~~z ~ ~,~,g lam. HOME ADDRESS: ~f ~ ~~ai I/~ s' s HOME PHONE: ~ F-~~ f ~- HOME FAX: ~ E-MAIL: r- BUSINESS: ~~/~-L ~~ ~~ ~r,,f ~ ~r ~. c^r2 ~~~ uc S BUSINESS ADDRESS: (mil S / ~ ,~ 5~ S' o' BUSINESS PHONE:S~ y'- SF331F BUSINESS FAX: E-MAIL: ~-- ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~~ j HOW LONG? ~~/~ $ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~Lo DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~ ~la~ming & zoning Conani.ssion PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: / _ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006') CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) ~-CODE ENFORCEMENT BOARD (permanent boarol -meets once a month)° COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent boartHmeets as needed) CONSTRUCTION BOARD (permanent board -meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent boats-meets quarterly) ~„~ PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)" POLICE RETIREMENT BOARD OF TRUSTEES (permanentstatutory board-meets quartedy)' PARKS t£ RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) TREE & LANDSCAPE ADVISORY BOARD (pemt~3nent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment L G t~J ~ (i L !t. t- - . -' _ ~ i~ :,. ~~ ' ~ i'~ItD APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resumei,~ r~€~!~'#r ~- ~, iC ~ 9 9 6 ~r-~ ~~- ~ ~ i{varY-~ C.~rv ~ v~r~s~ ~~ ~~~-.~-G ~L- c~2~ ,oA ~ ~tJ~ c+~.e5'rc-~ /'~ ~ ~-h /r ~ t~,p a2 K, a--f ~a"L'e .~.v D~y-nJ {~ ` u~ C~'l c vcs ~. C' ~ s ~(a'' J`~ Yv! C~ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~'~ ~ v c~ D n .~ fa/low . ,~ ~ ~ o ~ ~ ~s : %~f~ ~~ L ~ ~ s~ G ~-e !-f~a~dZ - t~{/~ v~c~ 3 f 75 ~~' ~~viu~~s~ y,' ~~~~3000 - ~~q/vl LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE~~~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE~~No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~ YC~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Se astiatyEode of Ordjyiances Se ions 2-166 through 2-173 (attached). Information relative to a specific board or mi e s available ' ques .~- '~ Appl-cant Signa u sworn to before me this ~~~day of ,~~, by ~~, who is personally known to me, \wp-form~applipt.wpd rev. 1 /2004 ~!:Y .>y, ~-, ANN V. ROUSSEAU- ~~ ~ = MY COMMISSION # DD 089531 ~ a EXPIRES: March 18, 2006 '~ o~ F.~`~ BondedThru Notary Public Underwritere Please return to Clerk's Office, 1225 Main Street, Sebastian, FL 32958 9~ PARKS AND RECREATION § 74-62 ARTICLE III. RECREATIONAL IMPACT FEES Sec. 74-60. Fee required. The payment of a fee to the city in the amount of nine hundred seventy-five dollars ($975.00) to be used for the acquisition, expansion, construction and provision of city recreational facilities shall be required as a condition of the issuance of a building permit for any newly constructed dwelling unit of any kind. A dwelling unit shall be considered newly constructed whether it is constructed on a vacant lot or parcel, is the reconstruction or renovation of a building that was not previously occupied as a dwelling unit of any kind, or whether it is an additional dwelling unit added to a lot, parcel, tract of property, thereby increasing the total number of dwelling units to two (2) or more. (Ord. No. 0-01-15, § 1, 7-11-01) Sec. 74.61. Credit for percale vested under 1982 Bankruptcy Court Order. Pursuant to the Settlement Agreement and Order in Case No. 90-12231-BKC-AJC of the United States Bankruptcy Court for the Southern District of Florida, the fee for lots developed pursuant to the plats of the Sebastian Highlands Units 1-17 shall be six hundred fifty dollars ($650.00), which represents a credit of three hundred twenty-five dollars ($325.00) for the pro-rata amount of the impact fee attributable to costs of land acquisition under the level of service standards of the comprehensive plan. (Ord. No. 0-01-15, § 2, 7-11-O1) Sec. 74-62. Credit for the dedication of land for active recreation uses. Upon the dedication of two (2) or more contiguous acres of land to the city as hereinafter set forth, a developer shall receive a credit against the fee otherwise required to be paid pursuant to this article. The credit shall be applied as follows: (1) The credit shall become effective upon city council acceptance of the dedication of the land. Said land shall not be accepted by the city council unless it finds the land to be suitable for public park or active recreation purposes. In determining the suitability of the land for such purposes, the city council may consider all factors and variables affecting such suitability, including, but not limited to: a. Access from paved public streets. b. Size. c. Fair market value. d. Physical characteristics and qualities. e. Proximity of the land to other recreation facilities. f. Availability of city funds to construct facilities on the land. g. Conformance with the city's comprehensive plan. Supp. No. 29 CD74:9 o7,b7r ~~ § 74-52 SEBASTIAN CODE Conservation lands required as a condition of development approval by regulatory agencies shall not be eligible for impact fee credits. (2) The fair market value of the land to be dedicated shall be established by a formal MAI appraisal which is acceptable to the city. The appraisal shall be provided by the developer at his expense. The developer shall provide the city manager or his designee with detailed plans and specifications of any improvements and facilities to be constructed thereupon, including estimates and information as to costs, and the city shall make a determination as to the credit available for such construction. (3) The land shall be dedicated to the city in fee simple, and shall be free of any liens or encumbrances. (4) The credit shall be calculated as a ratio of the fair market value of land dedicated, plus the value of any facilities constructed thereupon by the developer, divided by the total recreational impact fee required to be paid. The fee required to be paid pursuant to this article shall be reduced by the percentage of credit determined by the above formula. (5) Recreation impact fees credited to a developer, for dedications and improvements eligible for impact fee credits, shall be provided on a lot by lot basis. The impact fee amount shall be reduced equally for each lot or in the case of multi-family residential projects each dwelling unit, within the development by assessing the total impact fee per lot or unit minus the proportionate share of the credit applied to each lot. (6) If the percentage of credit is one hundred (100) percent or more, no fee shall be required to be paid. Any dedications valued in excess of the total projected impact fee due for the project shall result in an impact fee credit in favor of the developer, which shall be assignable and shall remain in effect for a maximum of ten (10) years. Such excess credits may be used anywhere within the city if arising from the dedication of a community park facility. However, credit arising from dedication of neighborhood park facilities may only be utilized within the recreational zone in which the development containing the dedicated facility is located. (7) A recreation impact fee agreement shall be provided governing credits and payment of fees. Such agreement shall be acceptable to the city attorney and city manager, and shall be recorded. (Ord. No. 0-01-16, § 3, 7-11-01) Sec. 74-63. Time of payment. The fee required by this article shall be paid at the time the building permit is issued for each dwelling unit. (Ord. No. 0-01-15, §, 7-11-01) Sec. 74-64. Establishment of recreation zones. The city shall be divided into four (4) recreational zones which shall function as service areas for neighborhood park facilities as follows: (1) Zone A. Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Supp. No. 29 CD74:10 ~~ PARKS AND RECREATION § 74-66 Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing as the same line becomes the city limits; thence follow said city limits to the west and around until the same intersects with CR 512; thence follow northeast along the centerline of CR 612 to the point of beginning. (2) Zone B. Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing until said line intersects with the city limits along the northwest corner of the former St. Sebastian PUD; thence follow said city limits to the northeast and around until the same intersects with the boundary between Sections 7 & 18; thence follow west along said section line continuing as it becomes the boundary between Sections 12 & 13 until the same intersects with the centerline of CR 512; thence along said right-of--way to the point of beginning. (3) .Zone C. Begin at the point the city limits intersect the boundary of Sections 7 & 18 from the north; thence follow said city limits east and around south until the same intersects with Powerline Road; thence follow the centerline of Powerline Road north to Barber Street; thence follow Barber Street to the west and north to the centerline of the Elkam Waterway; thence follow the centerline of the Elkam Waterway east to mouth of the Collier Waterway; thence follow the Collier Waterway to the point it intersects with the boundary of Sections 12 & 13; thence follow east along said section line, continuing as it becomes the boundary of Sections 7 & 18 to the point of beginning. (4) Zone D. Begin at the point the boundary of Sections 12 & 13 intersects the centerline CR 512; thence follow said section line east to the point the Collier Waterway intersects the same from the south; thence follow the centerline of the Collier Waterway until it intersects with the Elkam Waterway; thence follow the centerline of the Elkam Waterway to the west to the centerline of Barber Street; thence follow the centerline of Barber Street to the south and east to the intersection with Powerline Road; thence follow the centerline of Powerline Road south to the city limits; thence follow the city limits to the west and around to the north to CR 612; thence follow along the centerline of CR 512 to the northeast to the point of beginning. (Ord. No. 0-01-15, § 5, 7-11-O1) Sec. 74-66. Use of fees paid. The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to Supp. No. 29 CD74:11 C~ 5 § 74-55 SEBASTIAN CODE determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreational improvements or facilities, but may not be used on a neighborhood park facility located in a different recreation zone than the one containing the originating development. The city shall maintain records of all funds expended and the purposes for which they were expended. Funds must be encumbered for a qualifying project within seven (7) years of being collected. (Ord. No. 0-01-15, § 6, 7-11-01) Supp. No. 29 CD74:12 ~~ ~m~~ c~B,A.ST1 !~-~f, HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Expired Regular Member Position on Agenda No. Q 7 r DO Z Planning and Zoning Commission ~ Department Origin: ity Clerk (a~ A pr for Submittal by: City Manager City Attorney: Date Submitted: 4/17/07 i er For Agenda of: 4/25/07 Exhibits: code, application, board member list, ad EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Buchanan's regular member position will expire May 1s1. He is interested in serving again and is the only applicant. RECOMMENDED ACTION Interview unless waived and nominate Mr. Buchanan for the regular member position with term to expire May 1, 2010. ~~ 9~ Sec. 54-1-2.4. Planning and zoning commission. (a) Established and designated loco! planning agency. Pursuant to and in accordance with the City Charter and section 163.3174, F.S., of the County and Municipal Planning and Land Development Regulation Act, the city council finds that planning of land use and continuing growth management evaluation within the City of Sebastian is a public purpose benefiting the safety, economic and cultural welfare of the citizens of Sebastian. The city council further finds that this public purpose can best be achieved by establishing the Sebastian Planning and Zoning Commission, which is hereby established and designated as the local planning agency (LPA) for the city. The Sebastian Planning and Zoning Commission shall abide by the City Charter, as amended, and all applicable provisions of the Florida Statutes. The planning and zoning commission shall have the authority and responsibility to review land use in the city and evaluate planning and regulatory techniques for resolving physical, economic, social, environmental and fiscal issues. The city council directs the planning and zoning commission to carry out functions and powers herein identified. The planning and zoning commission shall use the power and authority conferred upon it by the land development code to further its stated public purpose. (b) Membershrp, terrrrs and removal The Sebastian Planning and Zoning Commission shall consist of seven members and two altemates. The qualifications,. term and appointment of members shall be done in accordance with chapter 2, article VI, division 1 of the Code of Ordinances, City of Sebastian. (1) Alternate members and their duties. The altemate members may attend all meetings of the planning and zoning commission but shall act only in the absence, disability or disqualification of a regular member thereof. When an altemate member acts, the minutes of the planning and zoning commission shall reflect the name of the absent, disabled or disqualified member in whose place and stead the altemate member is acting. Each alternate member shall fill in for a regular member who is absent, disabled, or disqualified on a rotating basis with the most senior altemate member to be the first in the ,initial rotation. If more than one regular member is absent, dlsabied or disqualified, then both altemate members shall act as members of the planning and zoning commission. (2) Vacancies and reappointment of commission members. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated planning and zoning commission seat being filled by the appointment (3) Removal of commission members and altemates. The removal of members shall be done in accordance with chapter 2, article VI, division 1 of the Code of Ordinances, City of Sebastian. (c) Compensation of planning and zoning co-nmission members. Ail members shall serve without compensation but, as authorized by the city council, may be reimbursed for actual expenses incurred in connection with their duties. (d) Functions and powers. The Sebastian Planning and Zoning Commission shall have the power and .authority to carry out the duties and responsibilities conferred upon it by the land development code consistent with section 163.3174, F.S. and shall pertorm these duties in the best interests of the health, safety, and welfare of the citizens of Sebastian. The planning and zoning commission shall have the following functions, acting either as the local planning agency (LPA) or as the city's planning and zoning commission: Sec.2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an altemate member of the board or wmmittee on which there is a vacancy may be given special consideration. Whenever a cun'ent or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S., relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each board or committee shall be residents of the city. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. (Ord. No. 0-97-56, § 5, 9-25-97) ~~~ /UO anoF HOME:OF PELICAN ISLAND ._` , "' ~ ~ ~_ sr i s' , q p! n~ i { '~li ~C~i~-1S I ~ril'i ~~=~ICE QF CIT'f GL~~,~ ~~~ i~`~ 11 ~i~ y ~=D APPLICATION TO SERVE ON CITY BOARDICOMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian NAME:'' ~~,~, I ~e~~ F~ -~c~,nc.~u~C-~ HOME ADDRESS: G ~ ~ U~,,~ ~~ l C G, ~ x.1/1 HOME PHONE: ~ ~ ~o , pl ~ h~-> HOME FAX: ~ ~,~ ~ E-MAIL: ~~ , ~G BUSINESS: ~~ ~ ~ ~ , BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: ~ E-MAIL: ARE YOU A RESIDEN T OF THE CITY OF SEBASTIAN? HOW LONG? J ' 1 ' J a ~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? eJ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? 1 ~ ~,~ c~ ~~ 2 ~-~~ f~ ~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CODE ENFORCEMENT BOARD (permanent board -meets once a month)* CONSTRUCTION BOARD (permanent board -meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) ' PLANNING AND ZONING COMMISSION (permanent board -meets twice a month) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment Zll~ft t col APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ~~ I HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~~ G WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. before me this _ ~, who as identification. !~ State of lorida c t Signature day of ~ personally known to ~ - by or has produced Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\applicat.wpd rev. 10/2005 /off ,i0.~'"Y''7'~;: Sally A Maio _.. :ir_ MYCOMMISSION# DDt31155 EXPIRES ~•. g October 5, 1006 %~Pf~~~ BONDEDiHRUTROYFAININSURANCE,INC CAREER STJ.MIVIA~Y Health Physics professional with forty. years experience in the following areas: • Operational Health Physics • Radioactive R~aste Management • DeGOIltc1~'-~1n~tiOn~eCOn1m13s1o111n~ EXPERIENCE: Real Estate A~seEiate~- AAVIS BESSE Port Clinton, Oh Team Member Radiological--assgssme~for Enercon Services Various Nuclear Power Stations Team Member. FElVi~ 1/--Ei~er~is~>~val~atieas-~as-l~.diological Specialist for Buch~.nan CQn~ltants of Jensen Beach MILLSTOl~~4NiT 1 Niantic, CT. Team Leader Managed an assessment team and set up a project schedule for Unit 1 Improvement program for Millennium Services. Team consisted of four Health Physics professionals. ~ Emergency Planning • Special Nuclear Material • Instn~mentation 11/41-present 1 0/02-1 1102 11/00-9/01 5/1-5/31/00 Io3 1NEEL 4/99 - 9/99 Idaho Falls, ID. Team Leader Assessment of RadCon P~ (Duke Engineering and Services} Assessments based onD.O.E Guide 441. Table 441.1-l,Table ofRadiological Controls and lOCFR835. GEb~RAT. ATOMICS- .12/98 -2/99 San Diego, Ca ~ALTH PHYSICS SIIPPORT Acting Radiation Protection Manager while Radiation Protection Manager was on leave. ST..LIICI>~~NEJCh,EA~P6i~E~PLA~F 3/77 -2/98 Ft. Pierce, FL RABI~1'I9N PROT~'~'ION MANAGER Managed the Health Physics Programs including.Operational Health Physics, ALARA, Radioactive Waste, tom- Sit~E~gency Plan for 21 years. • Directed the daily activities of 70 plus personnel during normal operations and 200 plus during outages. • Managed annual budget of up to $18 million. • Led a tea~that-develege~ an-aatemat~~elestrenis dosiTneter access system that resulted in an annual cost savings of 200k dollars. • Managed all radiological aspects ofthe Unit l .steam generator replacement. • Developed new hurricane plan, post "Andrew". • Direr all radiological.aspects.~he ITS 1- ~Final-shield-removal and disposal (see "Health Physics," Vol. 54, No. 2 (February), pp. 189-194, 1988). ~ l~espe~sil}le fo~I4ealtl~Fhysiss-Pre~am-in-the eenstmction, pre-ops and start up phases of Unit 2. IUU . _ -,, ~~-Participated in=union eoritract°negotiations; arbitration and NLRB testimony - - • I~aterlacedwith government at locals. state and federal levels. • Responsible for General Employee Training and Health Physics departmental training prQ--~~nducted Health Physicq and,$m~_c~Plan ; n~ ;ngboth on and offsite. • Managed Emergency Plan interfacing with federal (NRC, FEIVIA) ,state and local. . Agencies. YE.1~TQit~fLC ELE.GTRLC.-..:.... - ~ ~ 3.171 -2/77 Yankee Nuclear Services Division Westboro, MA ', SENIOR .HEALTH PHYSICIST Supported.Yankee Rowes Maine Yankeez Seabrook and Vetreprrt. Consulted for Conn Yankee, Pdgrim and lVrllstone. • Directed development of. TLD Eersenael-Meaitaring~Pfogfa~n,, which provided service to all nuclear stations in New England. Introduced the TLD as the prime dosimeter in nuclear power stations. • Developed Eck-glaa.fenYankee Rewe;.ll~e Yankee and Vermont Yankee. • Interfaced with local, state and federal governments. Worked with and trained hospitals ~e and police personnel. • Developed health physics and emergency plan sections for Seabrook PSAR Worked o~sta~~lisease-fey-Amine-~€an.and Vermont Yankee. • Implemented In Vivo analysis and respiratory. programs for all Yankee plants. • Evaluated the radiological safety programs. UNITED NUCLEAR Pa~?vli~Fuel Fabrication Facility Pawling,! NY 11/6$ - 2/71 A~SS~-T-~ALTH PHYSICIST Responsible for radiation protection program, special nuclear material safeguards, rad- waste,~merg~ncy_ l nnin industry-safety-arkd security.. X05 .• ,,. ~,- ~~a i :; ;; - °BROOKHAVBN-NATIOI~TAL=L-ABORATORY ; °- _; : - - ~ . --8/62.:..=10168 Upton, NY _ SEI~IOI~: HEAItTH~ gHYSICS TECHNICIAN Responsible for routine health physics at the Graphite Research and High Flux Beam Reactors (HFBR). • De~lQped, and_~1_emer~.~ Tritn,m.~toring system for HFBR • Lead Technician for start up of HFBR • D~el+nn~ ~n~ ate procedures for HFBR • Conducted access wining for HFBR EDUCATION AdelphtiIniYersit3r,.B~~in Natural Sciences 1968 Technical. and.Managemeat_courses (0(0 PLANNING ~ ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS AND ADDRESS STATUS COMPLETED [MOST RECENT HISTORY FIRST] Daniel Keough Reappointed 1/12/05 Tenn to 160 Day Drive expire Sebastian, FL 32958 Took Emil Svatik's Regular 11/1/2007 589-0070 Member Position 3/24/2004 Took Taylor's Unexpired Alternate Member Position 8/13/03 Charles Cardinale Took Celli's regular member Term to 474 Thomas Street position on 4/26/06 expire Sebastian, FL 32958 4/1/2008 589-4892 Larry Paul Reappointed 5/11/05 Term to 1701 Sunset Lane expire Sebastian, Florida Took Blessing's Unexpired 5/1/2008 32958 Regular Member Position 388-0937 4/28/04 William Mahoney Reappointed Regular Member Term to 207 Delaware 1/26/05 expire Avenue Sebastian FL Reappointed Regular Member 2/1/2008 , 32958 2/13/2002 589-8524 Took Pliska Regular Member Position 1/12/2000 Took Shirley Kilkelly Alternate Member Position 11/18/98 William Simmons Took Mr. Smith's unex fired p Term to 509 Drawdy Way regular member positions 2/22/06 expire 6/1/2009 Sebastian, FL 32958 Reappointed alternate member 589-9$26 position 1/12/05 Took Seeley's Unexpired Alternate Member Positions 1 /28/04 77 ~o~ Hank Buchanan Took Oakes' unexpired Term to 1101 Landsdowne regular member term 1/24/07 expire Drive Sebastian, FL 6/1/2007 32958 Took Oake's Unexpired 388-5397 Altemate Member Position 10/12/05 Andrew Allocco Rea rated r ular member pPo ~ Term to 1485 Barber Street position 11/16/05 expire Sebastian, FL 11 /1 /2008 32958 Took Gene Rauth's Unexpired 388-3188 Regular Member Position 2/12/2003 Took Haroid Faille's Unexpired Alternate Member Position 11/3/02 Jim Morrison Took Mr. Kidde unexpired Term to 321 Lobster Terrace alternate member position expire Sebastian, FL 32958 5/24/06 11/2007 589-6999 vacant Term to expire 1/1/2008 Staff Liaison -Growth Management Director 78 X08 CITY E~~fi ~~'~~ S \F -,--- ,.. II~3~IF. QF PELICAN -ISLAtvn For Release March 27, 2007 PRESS RELEASE PLANNING ~ ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING EXPIRED POSITION ON THE PLANNING AND ZONING COMMISSION: • REGULAR MEMBER POSITION EXPIRING 6/1/2010 ALL COMMISSION MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. PLEASE NOTE THAT SHOULD COUNCIL FILL THE REGULAR MEMBER POSITION WITH AN ALTERNATE, THAT ALTERNATE POSITION MAY BE FILLED THAT NIGHT WITH ONE OF THE SAME APPLICANTS. THIS BOARD MEETS ON THE FIRST AND THIRD THURSDAY OF EACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE !N THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8.00 AM AND 4:30 PM OR AT WiM/1l.GITYflFSE18ASTIAIV.®RG AND WILL BE ACCEPTED UNTIL APRIL 18, 2007. #~il# l ~~ ~/D City of Sebastian, Florida o~~~ ~ 1'~t~ CrrY ~°1°'i°o~t1v~Y~ ~ / ~, , ~„ ~~ AGENDA TRANSMITTAL Agenda No. ~~7~ Subject: Merging of Tree Board and Date Submitted: 4/5/07 Environmental Committee; For Agenda of 4/11/07 SUNIlVIARY: The current provisions concerning the duties of these two boards are set forth as follows: Sec. 2-240 Tree and landscape advisory board. (a) There is hereby created a tree and landscape advisory board, which shall provide advice to the city council on care of trees and landscaping within the city limits. The focus of the board shall be on preservation of historic, specimen and protected trees, and proposed planting of trees or landscaping. In addition, the board will advise as to how the City can best monitor, maintain and enhance the urban forest and its related resources. The board will provide guidance on proposed amendments to tree protection and landscape Article, and other matters as necessary or when requested by the city council. (b) The tree and landscape advisory board shall consist of five regular members and two alternate members. Meetings shall be held at such times and places as determined by the city council and shall be open to the public. (c) Mission Statement: To preserve, protect, promote and increase the natural canopy indigenous to the City of Sebastian. Section 1. ENVIRONMENTAL ADVISORY COMMITTEE ESTABLISHED. The City Council of the City of Sebastian hereby establishes a Environmental Advisory Committee. The purpose of the Committee shall be to study issues, hear presentations and provide recommendations to City Council: - As to environmental best management practices to be employed by the City in its own operations; - As to preservation and protection policies to be guidelines for development of future regulations; and - As to initiatives and programs to be pursued on an intergovernmental basis. iii Shortened, the duties are in essence: Tree Board Duties Mission Statement: To preserve, protect, promote and increase the natural canopy indigenous to the City of Sebastian. 1. Advise on care of trees and landscaping within the city limits, focusing on: a. Preservation of historic, specimen and protected trees, and b. Proposed planting of trees or landscaping; 2. Advise how to best monitor/maintain/enhancetbe urban forest & related resources; and 3. Provide guidance on proposed amendments to tree protection and landscape code. Environmental Committee Duties Study issues, hear presentations and provide recommendations to City Council: - As to environmental best management practices to be employed by the City in its own operations; - As to preservation and protection policies to be guidelines for development of future regulations; and - As to initiatives and programs to be pursued on an intergovernmental basis. Proposed language for the duties of the merged committee would be: Natural Resources Committee Mission Statement: To improve the quality of life in Sebastian by nurturing the symbiotic relationship between our citizens and our environment. In pursuit of this mission, the Natural Resources Committee will provide analysis and advice to the City Council on environmental issues with a three-pronged focus on Preservation & Enhancement, Regulatory Programs and Public Assets Management. Preservation and Enhancement guidance will feature: a. Efforts for the protection of historic, specimen and protected trees, b. Development of initiatives and programs for conservation of sensitive lands and open space, to be pursued both within the City proper and regionally on an intergovernmental basis, c. Spearheading public education and awareness events such as the Champion. Tree Program, Arbor Day and Earth Day celebrations, and d. A model for monitoring and enhancing the urban forest and protected species within the habitat Regulatory Programs guidance will feature: a. Periodic review of the tree protection and landscape code provisions to formulate recommended amendments, IZ b. Proposals for development of additional areas of environmental protection regulations, and c. Formulation of policy considerations to be used as guidelines by the Planning and Zoning Commission in considering land development regulations. Public Assets Management guidance will feature: a. Proposed planting of trees or landscaping; and b. Developing environmental best management practices to be employed by the City. Additionally, the City Council may request additional activities by the Committee . It is hoped that this description of duties would keep the focus on the existing duties of the committees, while creating synergy in looking at the "big picture". RECOM1VVl>;NDED ACTION: Review proposed language on Committee duties and provide direction for future action. X13 ~/y RESOLUTION NO. R-05-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-0426; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, City Council concurs that unadvertised items should be added to agendas only by unanimous vote of the Councilmembers present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the Regular meeting and the motion shall be for no more than a thirty (30) minute extension. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to adjournment, items are placed on a special meeting agenda. Quasi-judicial Hearings: Quasi-judicial hearings, when necessary, shall be conducted at special meetings called for such purpose on the first and third Wednesday of the month, at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present, The City Manager, at his discretion, may schedule aquasi-judicial hearing for a Regular City Council meeting when necessary. Workshops: Workshops, when necessary, shall be held on the first and third Wednesday of the month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. In the event that there is a special meeting for the purpose of conducting aquasi-judicial hearing scheduled for the first or third Wednesday, the workshop will follow the special meeting. A consensus to extend the workshop shall be made only once during the meeting and the extension shall be for no more than a thirty (30) minutes. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. `5 0~7. D ~? Z Special Meetings for Other Purposes: Special meetings for purposes other than quasi- judicial hearings may be called in accordance with the Charter of the City of Sebastian. Special meetings shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the Special meeting and the motion shall be for no more than a thirty (30) minute extension. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Councilmember must vote on all motions unless a Councilmember has a conflict of interest. A Councilmember may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Florida Statutes requires more than the title be read. 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Public input. 6. City staff final comments and recommendation, if any. 7. Chairperson closes hearing unless hearing continuation granted by the affirmative vote of three Council members. ~i~~ B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. D. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. E. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC. A. Public Input on Agenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. In addition, individuals shall have the opportunity to address City Council during a public hearing held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. B. Introduction of New Business from the Public. Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. "New Business" as used in this paragraph, is defined as an item that has occurred or was discovered within the previous six months. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to provide documentation for inclusion in the agenda packet. No Introduction of New Business from the Public shall be allowed at special meetings or workshops. C. No Time Limit for Public Input. There shall be no time limit on oral public presentations under Public Hearings, Introduction of New Business from the Public and Input on Agenda Items, however, City Council, by majority vote of its members present, may terminate or limit the presentation at any time. E. Written Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. F. Public Input Addressed to Chair. All public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. t ~~ ' SECTION 8. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 9. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-04-26. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Councilmember was seconded by Councilmember and upon, being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Brian Burkeen Council Member Lisanne Monier Council Member Andrea Coy Council Member Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of July 2005. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan B. McCollum, Mayor Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney / /~' cm a ~- HOME OP PEUfJW IS[AN- City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: 0 7 • U Q ~ A erica Legion Request Waiver of Te p Use Permit Fees Department Origin: Ci Clerk City Attorney: i a ger Date Submitted: 4/18/07 For Agenda of: 4/25/07 Exhibits: American Legion Letter SUMMARY STATEMENT American Legion Post #189 is requesting a waiver of the application and permit fees for a temporary use permit for their annual fundraiser. RECOMMENDED ACTION Consider request and act upon accordingly. ~ ~a IZO Charles L. Futch Post # 189 THE AMERICAN LEGION 807 Louisiana Ave. Sebastian, Florida 32958 11 April 2007 Subject: Request to be put on Agenda, 25 April 2007, City Council Meeting. To: Mr. Minner, Manager, City of Sebastian, Sebastian Mayor, and City Council Members ~~,~Z137415 ys'~, ~O A,.. ~~ '`2: ~ 1 ~~ . N~ co °Y;: t~ wit - ~,•y ~ :_~ U $ ~ :~~ r 1. Our organization request to be put on the agenda, 25 April 2007, to request a waiver on a permit fee of $ 125.00 for our up coming fund raiser. 2. Our organization was totally unaware of this $125.00 permit fee, and this will only be a one time request from our organization. 3. Funds received from this fund raiser go back into the community, (Navy Jr. ROTC, Boy Scouts, College Scolarships,etc.) 4. Our Four Hundred and Fifty members would like to take this opportunity to thank you for any support that can be given. 5. If any additional information is required, please contact myself, or Joe Scarpa, Post# 189 coordinator (772-532-0367). CF File 1 ea ~ ~ ~~~ Peter L. Marquis Commander American Legion Post # 189 .~ ~2~