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HomeMy WebLinkAbout04142010Cm OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 14, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Pastor Seth Goldsmith Coastal Community Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.055 A. Proclamation Isaac Christopher Taylor, Boy Scout Troop 503 for Attainment of 1 Eagle Scout Designation 10.056 B. Proclamation National Nurses Week May 6 12, 2010 Inez Fielding 2 Accepting 10.057 C Proclamation National Telecommunicators' Week April 11 -17, 2010 PD 3 Dispatcher Melinda Srinivasan Accepting 10.058 D. Proclamation National Public Works Week May 16 -22, 2010 PW Staff 4 Accepting 10.059 E. Government Finance Officers Association Distinguished Budget Presentation 5 Award to City of Sebastian Administrative Services Department Brief Announcements 7 CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. 7— 23 A. Approval of Minutes 3/10/10 Regular Meeting 25 29 B. Approval of Minutes 3/24/10 Regular Meeting 10.060 C. Authorize Purchase of Seven Police Vehicles from Bartow Chevrolet in the 31— 36 Amount of $149,534 Under State Contract No. 09 -17 -0908 (PD Transmittal, Deputy Chief Memo, RFQs) 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS Procedures for public hearings: Mayor opens hearing Attomey reads ordinance or resolution Staff presentation Public Input Staff summation Mayor closes hearing Council action Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state his/her name for the record. 10.061 A. Public Hearing to Finalize the Major Issues to be Included in the City's Evaluation 37 -42 Appraisal Report and Authorize a Letter of Understanding to be Forwarded to the Dept. of Community Affairs (GMD Transmittal, DCA Transmittal Letter) 10. UNFINISHED BUSINESS 10.062 A. Consider Resubmitting 2007 Objection Resolutions to Indian River County Re: 43 48 Ocean Concrete (City Clerk Transmittal, Chrono, Resolutions R -07 -02 and R- 07 -23) 11. PUBLIC INPUT 12. NEW BUSINESS 10.063 A. Approve Resolution No. R -10 -08 Partial Vacation of Easement at 401 Caravan 49 -66 Terrace (Dexter) (GMD Transmittal, R- 10 -08, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 4, BLOCK 289, SEBASTIAN HIGHLANDS UNIT 10; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 10.064 B. Approve Resolution No. R -10 -09 Final Plat Chesser's Gap Subdivision Phase 67— 78 III (GMD Transmittal, R- 10 -09, Final Plat [Under Separate Cover], Application, City Surveyor's Approval, City Engineer's Approval, Clerk of Court Approval) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CHESSER'S GAP PHASE III; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 2 10.065 C. Waive Bidding Procedures and Approve Execution of Club Car Lease in the 79 98 Amount of $279,500 in Terms of $5,274 Per Month at Annual Interest Rate of 4.56% 10.066 D. Award Annual Janitorial Service Contract to Low Bidder W G Maintenance of 99 160 Palm Bay, FL in the Amount of $48,626.40 Per Year (PW Transmittal, Contract Does, Bid Tabulation) 10.067 E. Approve Concept of Skateboard Park Office Project and Authorize City Manager 161— 164 to Proceed with Site Plan Review and Construction Utilizing Staff and Approved Continuing Services Contracts (City Manager Transmittal, Site Plan, Photos) 10.068 F. Schumann Restroom Project Approval Appropriate $29,460 from Recreational 165— 169 Impact Fees and Authorize City Manager to Proceed with Review and Construction Utilizing Staff and Approved Continuing Services Contracts (City Manager Transmittal, Site Plans, Photos) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Wright B. Mayor Gillmor C. Vice Mayor Hill D. Council Member Coy E. Council Member Wolff 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. 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. All City Council Meetings are Aired Live 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 EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: April 28, 2010 Workshop 6:30 pm May 12, 2010 Regular Meeting 6:30 pm May 26, 2010 Regular Meeting 6:30 pm June 9, 2010 Regular Meeting 6:30 pm June 23, 2010 Regular Meeting 6:30 pm 3 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09 -45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters J Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agenda is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of the City Council or City staff. 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. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity to for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 HOME OF PELICAN ISLAND foci am allot, WHEREAS, the Boy Scouts of America prepares a boy to grow into manhood by developing his abilities, teaching him responsibility and emphasizing his willingness to serve people, his community and his country; and WHEREAS, the rank of Eagle Scout is the highest possible rank attainable by a Boy Scout before he reaches his 18 Birthday; and WHEREAS, the fact that a boy is an Eagle Scout has always carried with it a special significance, not only in Scouting but also as he enters higher education, business or industry, and community service. To earn the Eagle Scout rank, a Boy Scout must fulfill requirements in the areas of leadership, service, and outdoor skills and enormous energy, a strong desire and countless hours are devoted by the individual Scout in developing these skills and completing all of the requirements to attain the rank of Eagle Scout. Only about 5 percent of all Boy Scouts earns the Eagle Scout rank; and WHEREAS, it is traditional, in the spirit of scouting, to bestow special recognition and honor upon the individual Scout, who through perseverance and determination ultimately reaches his goal in becoming an Eagle Scout. NOW THEREFORE I, Richard H. Gillmor, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the City of Sebastian, do hereby commend and congratulate Isaac Christopher Taylor, Boy Scout Troop 503, for his outstanding accomplishment in earning the rank of Eagle Scout in 2010. It is my honor and privilege to recognize him as an outstanding Scout and citizen of his community. May Isaac continue to pursue higher goals and embody the character he has exhibited by this achievement throughout his life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 14 day of April 2010. Richard H. Gillmor, Mayor 053- •4 Derea5, Dereal, Otrea5, bereag, HOME OF PELICAN ISLAND tottmation NURSES WEEK MAY 6 12, 2010 the nearly 2.9 million registered nurses in the United State comprise our nation's largest health care profession; and the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings; and registered nurses' education and holistic focus promotes restoration and maintenance of health in the individual and family; and the American Nurses Association, as the voice for the registered nurses of the country, is working to chart a new course for a healthy nation that relies on increasing delivery of primary care; and professional nursing has been demonstrated to be an indispensible component in the safety and quality of care of hospitalized patients; and the demand for registered nursing services will be greater than ever because of the aging of the American population, the continuing growth of life sustaining technology, and the explosive growth of home health services; and the cost effective safe and quality healthcare services provided by registered nurses will be a vital segment of the U.S. health care delivery system in the future; and Now, therefore, be it proclaimed by the City of Sebastian, along with District 17 of the Florida Nurses Association, that May 6-12, 2010 is National Nurses Week with the theme "Caring Today for a Healthier Tomorrow" and the City asks that all the resi r onor the registered nurses who care for all of us. Signed this l4 day of April, 2010. r Ri and H. Gillmor, Mayor /0, 056 1 Vberea5, Wberea5, bereal, bereal, Ct1Y of HOME OF PELICAN ISLAND I rothmation NATIONAL TELECOMMUNICATOR'S WEEK APRIL 11-17, 2010 emergencies can occur at anytime that require police, fire or emergency medical services and when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Sebastian 911 Communications Center; and Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services and are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; Public Safety Dispatchers of the Sebastian Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients and each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; Now, therefore, be it Proclaimed by the City of Sebastian that the week of April 11th 17th, 2010 to be National Telecommunicator's Week in Sebastian, in honor of the men and women whose diligence and professionalism keep our City and citizens safe. Signed this 14th day of April, 2010. Richard H. Gillmor, Mayor O1Y OF sE HOME OF PELICAN ISLAND "NATIONAL PUBLIC WORKS WEEK" May 16th 22nd, 2010 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets, highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW THEREFORE, I, Richard H. Gilimor, by virtue of the authority vested in me as Mayor of the City of Sebastian do hereby proclaim the week of May 16 22, 2010 as "National Public Works Week" in the City of Sebastian, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety and comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 14th day of April 2010. Richard H. Gilimor, Mayor /0f 053 GD Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 -1210 312.977.9700 fax: 312.977.4806 February 21, 2010 Mr. Al Minner City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Minner: I am pleased to notify you that City of Sebastian, Florida has received the Distinguished Budget Presentation Award for the current budget from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: 6 1 rope c zou will arrange for a formal public presentation of the a and appropriate p1. trlF will be given to this notable achiev A press rele enclosed for your use. We appreciate your p example, we bud Sincerely, Stephen J. Gauthier, Director Technical Services Center Enclosure Administrative Services Department at e is a ion in GFOA's wards Program. Thro your at other entities will be encouraged to -ve excellenc: in Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 Washington, DC 20004 202.393.8020 fax: 202.393.0780 www.gfoa.org /0,059 City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. CRY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 10, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:40 p.m. 2. Rev. Ian Crawshaw, Fellsmere Community Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Finance Director, Ken Killgore Building Department Plans Examiner, Charles Geisz Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Police Chief, Michelle Morris Police Captain, Mike Beyers Parks Superintendent, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members DRAFT Regular City Council Meeting March 10, 2010 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.041 A. Proclamation GFWC Women in History Month March 1 Mayor Gillmor read and presented the proclamation to members of the GFWC. 10.042 B. Rob Medina Community Military Affairs Officer for Congressman Bill Posey (FL 15) Mr. Medina thanked Council for their leadership, touched briefly on some federal issues and invited the public to contact the Congressman directly or through him. Brief Announcements DRAFT Mr. Wright announced the Sebastian Police Department's Bicycle Rodeo and Safety Event to be held March 20 at 9:00 am at the Barber Street Sports Complex. Mr. Wright also urged everyone to make sure they are counted in the 2010 Census. He cited a Florida League of Cities statistic that $2,200.00 of state and federal aid is lost for each person not counted. Ms. Coy announced the Sebastian River Area Chamber of Commerce Concert in Riverview Park on Friday, March 19 will be the Sebastian River High School Jazz Band. Mr. Hill announced the Pelican Island Wildlife Festival will be held this Sunday at Riverview Park. (later corrected to Saturday) 7 CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. 3 -11 A. Approve Minutes February 24, 2010 Regular Meeting 10.043 B. Approve the 2010 Rotary Club Home and Garden Show at Riverview Park 13 -18 on March 27 and 18, 2010 from 9:00 a.m. to 5 p.m. Consider Request to Serve Alcoholic Beverages (Parks Transmittal, Application, Diagram, Letter) 10.044 C. Resolution No. R -10 -06 DeShea Aviation Lease Sublet (Airport 19 -59 Transmittal, R- 10 -06, Correspondence, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AUTHORIZING THE SALE/TRANSFER OF LEASEHOLD ASSETS BETWEEN DeSHEA AVIATION AND KENNETH MISHLER; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wright asked that on circle page eight, paragraph 2, his comment reflect that he was "not addressing the need to conserve water" instead of "not concerned with conserving water 2 Regular City Council Meeting March 10, 2010 Page Three MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items A, B, and C with the context of Mr. Wright's paragraph adjusted. Prior to the vote, the City Attorney asked that the resolution title in item C reflect the originating resolution (R- 95 -58) for the record. Mr. Hill and Ms. Coy agreed to include his request in the motion. Result of the roll call vote: AYES: All NAYS: None Motion carried DRAFT 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Ms. Coy announced the County Commission will be re- addressing the Ocean Concrete issue in April noting Council had sent a letter when this first came up. Mr. Wright said he was one of the directors that worked on the first round of opposition and a letter was sent. He suggested sending the letter again unless Council's opinion has changed. Mr. Hill said he would like more information before sending the letter again. Mayor Gillmor called for a recess at 6:54 p.m. and reconvened the meeting at 7:06 p.m., all members were present. Mr. Hill corrected the actual day of the Pelican Island Wildlife Festival to Saturday, March 13 Mayor Gillmor said that during the break the City Manager requested that item 12C be moved up to 9A as the consultant was in attendance. 9. QUASI- JUDICIAL HEARINGS 10.048 A. G Award Professional Services Agreement for Evaluation and Appraisal 257 -322 Report to Outlier Planning, LLC in the Amount of $37,486.00 (GMD Transmittal, Agreement, Exhibit A, Scores) The City Manager said the City is required to submit an evaluation and appraisal report for the comprehensive plan, over 10 companies responded to the RFP, staff is recommending this new firm comprised of experienced planners. He said they will reduce their cost by 5% if the Dept. of Community Affairs does not approve the EAR the first time through. He said Brandon Schaad was in attendance to answer any questions. Mayor Gillmor asked about the different prices depicted in the agenda packet on circle pages 307 and 315. The City Manager explained the initial proposed price was $42,486 with their offer of cutting off $10,000 if they don't perform so he asked them to cut $5,000 off right away to which they agreed. Mr. Wright said Outlier Planning did a fine job with their proposal. 3 Regular City Council Meeting March 10, 2010 Page Four Public Comment Damien Gilliams, 1623 US Highway 1, said it sounds like the City can save another $5,000 and asked if it was budgeted. The City Manager confirmed it was budgeted at $50,000. MOTION by Mr. Wolff and SECOND by Mr. Wright to approve the agreement with Outlier Planning staff and author the City Manager to execute the attached agreement. Ms. Coy thanked the Outlier Planning Group for their negotiations, and noted the local groups were almost double the price. Result of the roll call vote: Ayes: All Nays: None Motion carried. 63 -196 (GMD Transmittal, Exhibits A -G) 61 -62 (Memorandum from City Attorney) D 'FT 10.045 B. A. Appeal of Approval by the Planning Zoning Commission on January 7, 2010 of a Site Plan Modification for the Seawinds Real Estate Company, LLC Crematory Located at 735 S. Fleming Street The City Attorney read the title and explained the Planning and Zoning Commission's decision was on circle pages 65 and 66 from which the appeal was taken. The City Attorney swore in those who intended to address Council. Mayor Gillmor disclosed that he received a letter that is in the packet. The City Attorney asked Council if there were there any other communications to them. Mr. Wright disclosed that he and Sam Coburn are members of the Rotary Club and he is a member of the Elks Club; but he has not discussed this issue with any parties. Mr. Wolff said he had an e-mail from the City Clerk and received a voice message from Gene Heitzman though he did not respond to it. The City Attorney asked Mr. Wright if he was a director or equivalent of a director or officer with the Elks. He said he was not, only a member. The City Attorney advised that he did not have a conflict of interest, and then asked him if he had the ability to be impartial. He answered that he did. The City Attorney advised that the key to the proceeding was to have the ability to be neutral and impartial, and rule on the evidence before them as well as what might be presented. He asked Council if they believed that they had that ability despite any e- mails, voice messages or correspondence they might have received. All Council Members said that they did. 4 Regular City Council Meeting March 10, 2010 Page Five 7:37 pm Appellant's Presentation DRAFT The City Attorney asked each side who is represented by an attorney, or anybody present, if they have any objection to what has been disclosed. There was no response. Leon Nichols, Attorney representing the B.P.O. E. Elks Lodge #2174 (hereafter Lodge), said they have filed the appeal based on the terrible fire that occurred at the crematory that would have spread to the Lodge if the wind had been blowing from the south. He said the crematory is 20 feet from the Lodge and at the time of the fire, there were over 100 people at the Lodge playing bingo. He requested that the crematory be constructed where it won't be an endangerment to a populous area such as the Lodge. He described the improvements planned for the new larger crematory and read Chief Morris' letter (circle page 83) suggesting the relocation to the other side of the building. He said the 2003 Planning and Zoning Commission relied on calling the crematory an accessory structure to receive approval; and he read Attorney Stringer's comments regarding conditional use on circle page 136 noting they relied on the structure's convenience to the funeral home for approval. Mr. Hill clarified that Mr. Stringer was the City Attorney, and he was representing the City at that time. Mr. Nichols continued, citing circle page 109, to describe the events of the fire and said he has developed the following opinions based on his education and experience: the fire was an accidental event; the origin was in the roof assembly; the first fuel ignited was ordinary combustibles of roof assembly; ignition of the first fuel was the result of excessive heat transfer radiated and or conducted from the emissions vent stack by the pipe assembly; failure to monitor the chamber resulted in excessive heat conditions. He asked who is to say this won't happen again. He cited the Dept. of Environmental Regulation (DEP) warning letter regarding the funeral homes' tardiness with their visible emission test pointing out they aren't even following state guidelines. The City Attorney said staff identifies what is before Council, then Council can question staff, those who support the appeal would then address Council. The Growth Management Director said the proposed site meets the LDC requirements therefore staff recommended approval and initially both the City's Building Dept. and the County's Fire Dept. were satisfied that all fire protection concerns were addressed. She said DEP would require re- licensure. She said the Planning Zoning Commission approved the modification with six conditions, citing circle page 172 and the applicant is requesting a modification of condition number six but the Building Department and Fire Department have approved the modification. Ms. Coy asked if the modification included the March 10 e-mail from Brian Nolan stating the need for additional fire protection measures are needed within the structure, and then read from the e-mail. The City Attorney said this was addressed with the City Manager yesterday, and since it has come in subsequent to the record, the Mayor as Chairman should rule whether the e -mail is acceptable as evidence. Mayor Gillmor asked what he should advise. Regular City Council Meeting March 10, 2010 Page Six DPAFT The City Attorney said he could accept it because the issue was discussed and it is relevant, but he noted Council has the ability to overrule his decision. Mr. Wright said Council's review without that piece of evidence would be premature. He noted the e-mail requires a revised set of plans and he asked how they can make any decision on this without them. The Growth Management Director said the applicant has not yet modified the plans because if they did they wouldn't comply with the P Z approval from January. The City Attorney said the first step is for the Mayor to decide if the e-mail from Chief Nolan (attached) can supplement the record. Mayor Gillmor said for the record the Nolan e-mail can supplement the record. 7:44 pm Mr. Wolff said the e-mail implies the Fire Department has done their fiduciary duty, and when the body was put in at 890 which conflicts with statements from the funeral home that the crematory was preheated to 1600° he said he was surprised that the Fire Dept. didn't question this as it could have been cause of the fire. He noted the conflicts on circle pages 169 and 170. The Growth Management Director said it was her understanding that when the body was put in it was 890 and then the unit heats up to 1600° and offered a representative from the funeral home to answer any questions. Mr. Wolff said his point was if the Fire Department overlooked something as significant as that, how are we to trust that a single sprinkler and one -hour fire rated drywall is going to correct what the situation calls for. The City Attorney suggested inviting anyone supporting the appeal to speak at this point and then Council can ask any questions of all parties and then Council can hold their discussion. 7:49 pm Charles Delauder, Exhalted Ruler of the Sebastian Elks Lodge, 831 Gladiola Avenue, described the events of the fire, noting he had called 911 to report the crematory was completely engulfed in flames and no one from the funeral home was in sight. He said the crematory was built right outside the fire exit of the Lodge and if the wind was blowing as it was last week, they would have had severe damage to the Lodge. Mr. Delauder read from a January 6, 2009 fire report to which car eight was dispatched. The respondent noticed smoke and a red orange glow from the exhaust at the crematory. The respondent met with a crematory employee who reported the cremation was preceding "10/4 Mr. Delauder said they were having a meeting at the Lodge and went out to talk to the employee who said he was burning trash, noting there had been previous statements that they regularly burn trash. He asked for Council's consideration. Andrew Simso, 1569 Ocean Cove Street, said he would like the public to see the pictures on the overhead. Mayor Gillmor pointed out the public was not making decision and Council had the pictures. In response to the Mayor, Council indicated the display was not necessary. Mr. Simso provided materials to the City Clerk who gave them to the City Attorney to ascertain whether they could be accepted as evidence. 6 Regular City Council Meeting March 10, 2010 Page Seven DRAFT Mr. Simso said the Lodge has a tree 18 feet to the west of the crematory and the Lodge's eaves are only 14 feet from the crematory and if the wind was blowing from the south to the north the building would have been in extreme danger. Mr. Simso said EPA regulations state cremation should not begin until secondary chamber temperature is equal to or up to 1600° and leaving the body unattended at 800° was a violation. He said he had letters and signatures referring to incidences of black smoke, sparks and odors. He said under oath, Mr. Young testified to P Z that there was no smoke. Buck Vocelle, Attorney representing the funeral home said the Mr. Simso's information was outside the record. The City Attorney said the Mayor has the ability decide if his information should be included and he asked Mr. Simso if what he was reading was presented to P Z and Mr. Simso said it was not, but he brought it because P Z said they had brought nothing in writing. Mayor Gillmor advised Mr. Simso's five minutes had expired and reminded that he would strictly adhere to the five minute rule and the speakers should not repeat themselves. Madelyn Walsh, 14 year City resident, 10 year Elks member, said when they originally built the crematory the funeral home assured the Lodge there would not be odors, smoke and ashes and she has personally seen smoke, ashes and a gurney pushed into the crematory. She said rebuilding the crematory twice as big is twice the risk than what they had before. She said the crematory should be rebuilt behind the funeral home, away from the Lodge and it was about being a good neighbor. Greg Golien, 711 Wimbrow Drive, Elks member, said he cannot understand how a city as nice as Sebastian can have burning bodies in a residential /commercial area. Eric Fischer, 69 Fischer Hammock Road, said he attended the 2003 meeting with his father, Dr. Henry Fischer, Sebastian General Partnership, where there was opposition to the crematory. He said they still own land adjacent to the funeral home and relocating it to the north side by the funeral home with a sprinkler system or state -of- the -art alarm system would be amenable. Ms. Coy said the record reflects Dr. Fischer had objections, and she asked about the recreation tract near the townhouses. Mr. Fischer said his father sold the townhouses, and their vacant land touches the Seawinds property as well as the townhouse property. Ms. Coy asked if they objected to moving the crematory south to abut their vacant land. Mr. Fischer replied they do object as they have plans for the property. Damien Gilliams said he lived within walking distance of the Lodge and asked the Growth Management Director if the crematory was part of the 1997 and 2003 PUD site plan approval. The Growth Management Director said it was. Mr. Hill called for a point of order and asked Mayor Gillmor if they were allowing members of the public to question staff and if they were, Mr. Hill asked that the staff be allowed to answer without interruption. Mayor Gillmor said he would allow it at this point and asked Mr. Gilliams to allow the Growth Management Director to respond. He asked Mr. Gilliams to repeat his question. 7 Regular City Council Meeting March 10, 2010 Page Eight 8:18 pm Mr. Gilliams said the minutes show it just came for plat approval this year, the 2003 site plan with a conditional site plan hasn't been caught up. The Growth Management Director said Mr. Gilliams was referring to the commercial PUD which should have been final platted as the pieces were developed but was platted in last year's "catch up plat this piece remained unplatted but it is part of the PUD and they are filing a final plat for presentation in the near future and there is a condition that they receive final plat approval before Council before they receive their certificate of occupancy. Mr. Gilliams said the site plan does not indicate a drainage plan. The Growth Manager Director said the PUD has a storm water master plan in effect at this time and was not overlooked. Mr. Gilliams said the crematory belongs in an industrial area and should be sent back to P Z. Mayor Gillmor advised him that his time was up. Mayor Gillmor said the record should reflect that ample time was given for those to speak in favor of the appeal. The City Attorney advised the appellee should make their presentation. Buck Vocelle, Attorney, 3333 20 Street, Vero Beach, representing Seawinds thanked the Elks members and Mr. Fischer for their comments. He introduced Jim Young, Seawinds Funeral Home; Engineer, Randy Mosby; and Environmental Specialist and Chemical Engineer, Luis Llorens. Mr. Vocelle said he wanted to address Mr. Wolff's concern. He said the fire report said the fire resulted from radiating heat transfer to the roof, not a malfunction of the unit itself and those concerns have been addressed between the applicant, staff and the Fire Department. He said the plans have been submitted in accordance with the fire marshal's direction. He continued to say they have an existing use and would not have had to come to Council if it stayed the same size. He pointed out that staff considers the project a minor site plan modification; and it is consistent with the CLUP, the Land Development Code, and Code. He said it is an ancillary use and doesn't require a separate operator under state law, the new machine does have an auto shut off and is more efficient than the old machine, and during the exchange of bodies the temperature is lowered. Mr. Vocelle cited some of the Elks points listed on Exhibit D, that the funeral home has been a good neighbor, some employees are Elks members, and they donate to Elks fundraisers. He said they have gone over and above with the sprinkler system trying to make it as safe as possible and the DEP requirement for air quality testing would not have prevented fire in any way, shape, or form. He introduced Mr. Young. James W. Young, Owner of Seawinds Funeral Home, 1310 River Reach Drive, Vero Beach, said he has owned and operated funeral homes since he was age 23 and this is the first building that he has been involved in with a fire. He said they have met the requirements, purchasing a state of the art machine and there is a need for a crematory in Sebastian. 8 Regular City Council Meeting March 10, 2010 Page Nine 8:36 pm aF A Mayor Gillmor asked him how many funeral homes he owns and Mr. Young said three. Mayor Gillmor asked if the others had crematories and Mr. Young said no, all the cremations take place at the Sebastian facility. Ms. Coy pointed out that he is asking to be exempt from one of P Z requirements. Mr. Young offered to have Mr. Mosby speak to their request. He asked Council for their approval. Mr. Wright said he was concerned with the fire potential and the fact that an Elk member made the emergency call instead of a crematory employee. He asked for confirmation of their intent to comply with Chief Nolan's recommendations. Randy Mosby, Mosby, Smith Engineering Inc., 610 First Street, Vero Beach, said P Z's fifth condition cannot be met as a two -hour UL fire rating for ceilings is not available. He said working closely with the Fire Department and the Building Director they have come up with an acceptable alternative where the exhaust comes through the ceiling and the wood trusses are built around it so there is a clearance form the stack. He said the drawings have been revised and resubmitted to show a one -hour firewall inside the shaft with the sprinklers on the top and bottom of the building as required by the Fire Department. Mr. Wright said he was concerned with the time it took for response to the fire and asked if the Fire Department can be notified instantly by way of an alarm system. Mr. Mosby replied there is no plan for an alarm and it is not required by any code. Mr. Wolff asked what was the objection to the wall between the two properties. Mr. Mosby said there was no objection, noting there are landscape buffers and the building exceeded building codes in every way. Ms. Coy asked for confirmation that Mr. Mosby built the original building and Mr. Mosby said designed all of Chessers Gap. She pointed out that he probably stated at that time the equipment was state -of- the -art and she asked what is different today. Mr. Mosby said the environmentalist can address the equipment; and said the improved building has more fire protection. Ms. Coy said she understands there are submitted new plans but from her experience, it would be difficult for her to approve this without seeing the revised plans. The Growth Management Director clarified the revised plans are the building construction documents submitted for the building permit, there is not a revised site plan. Ms. Coy cited Chief Nolan's e-mail, "We will be receiving revised plans today and we will complete our review today She pointed out if it was approved the letter would read something like, "Congratulations it meets our approval," but the letter speaks to the future. The Growth Management Director said the Building Dept. does check for that too and will not issue a permit until the six conditions are met as well as the Fire Dept.'s concern. She offered to add the Fire Dept.'s approval as one of the conditions. 9 Regular City Council Meeting March 10, 2010 Page Ten 8:51 pm DR Mr. Vocelle asked the City Attorney how the modification of this condition affects the Council's decision. The City Attorney outlined his recommendations on circle page 62, once the hearing is concluded; there are options to resolve the issue. He said it could be done in one vote or two but it can wait until Council is ready to make a motion. Mr. Wright said he has a similar concern as Ms. Coy that there is no indication that Chief Nolan has received the revised plan. He asked the Growth Management Director if she had been in contact with Chief Nolan. The City Manager said he spoke to Chief Nolan on Tuesday who did review the plans, and found them to code and in some spots above the code and since the two hour fire ceiling cannot be met, the City went with the sprinkler option. He suggested Chief Nolan may want to rewrite his memo stated he has reviewed the plans. Mr. Wright said that is the crux of the problem and he didn't have a problem relying on the City Manager who says he has spoken to Chief Nolan. Mr. Wolff said if there was a disciplinary hearing and was Mr. Coburn disciplined. Mr. Young said he was not, the state conducted an investigation, and it was an accident. Mr. Wolff said since the crematory was unmanned and the new facility will hold 25 remains unattended, he asked what the standard operating procedure would be for security. Mr. Young said they are planning to monitor the new facility with cameras and there is pretty much a Sebastian police car in their parking lot at all times. Mr. Wolff asked at what point it would become a major site plan modification. The Growth Management Director said when looking at the square footage of what the addition is, that this could have been done administratively but staff knew it would be a hot button issue and planned for the hearing. She also pointed out In 2003 it was determined the crematory is subservient to the funeral home and considered an accessory structure. Mr. Wolff asked if it was operated as a stand alone would it still be considered an accessory. She said probably not as the City's code does not really address crematories but she did speak to the County which allows crematories in commercial general with no additional setback. Luis Llorens, President/Project Manager of Al Environmental Consulting Services, said crematories are normally two chambers. The primarily chamber turns the body into a gas, and the second chamber is reheated to a minimum 1600 He said the machine is older and the newer machine will be computer controlled. Mr. Wolff said the minutes mention people seeing smoke and the funeral home reports that it is the cardboard casket that smokes. He asked about odors. Mr. Llorens said the older machines such as this, built in the 80's, have smaller pollution control devices and as people are becoming larger, the newer chambers are bigger with better controls to turn the body to gas. He said he tested the machine and it passed the emission test and he did not notice any odors during his test but he noted he is not present at every cremation. He said the newer machines are well sealed with about four or five inches between the outer and inner wall where the older machines only have two inches causing it to run much hotter, and with new machines smoke and odor are negligible. 10 Regular City Council Meeting March 10, 2010 Page Eleven r Ms. Coy asked if the crematory was used. Mr. Young said it was a used machine that was refurbished by the manufacturer. Ms. Coy asked Mr. Llorens if he was employed by the owner. Mr. Llorens said he is the environmental consultant for Seawinds and was contracted to complete the emissions test. Mr. Llorens confirmed for Mr. Wright that he would test the new machine after installation, and confirmed that the new machine would not be a refurbished machine. Mayor Gillmor called for a recess at 9:01 p.m. and reconvened the meeting at 9:13 p.m., all members were present. Mr. Young said at the time of the DEP violation, he thought inspections were required every two years, the crematory did pass inspection and they were fined because of the lateness of the emissions testing. Mr. Vocelle noted this could have been handled as a staff matter, said the funeral home has attempted to meet all of the requirements, cited the P Z conditions on circle page 66, and requested approval with the modification of condition number five as indicated in Chief Nolan's e-mail. There was no input in opposition of the appeal. Mayor Gillmor called for the appellant's rebuttal to any comments or testimony. Mr. Nichols said the Elks are not challenging the equipment, but the location which has been the issue since 2003. He said that it needs to be relocated, and there is nothing in the code that provides for crematories. Ms. Coy asked the City Attorney if there is anything that says we cannot revoke the ancillary use. The City Attorney said there is an approved site plan, and you are here to consider doubling the size of the unit. Mr. Wright reconfirmed that the decision needs to be based on whether its meets the building code, the comp plan, the safety requirements of the Fire and Building Departments and the City Attorney said that is essentially it. He also noted that although the size will be bigger, the equipment is going to be a lot more efficient and safer. Mayor Gillmor said he takes objection that it is a minor site plan, it is not just for serving the Sebastian funeral home because if it were there would not be a need to double. MOTION by Mayor Gillmor to approve the appeal, and reverse the action of the P Z Commission. Mr. Wolff asked if the motion was based on his contesting it is a minor site plan and is Council able to deliberate whether it is major or minor. The City Attorney advised it being a minor site plan defined in code, in this particular case, it doubles the size, but it is still within the code and shouldn't be the basis for the determination. Mr. Wolff asked the City Attorney what merits are lacking that they can make a determination on. The City Attorney responded that they have an extensive record that was prepared by P Z, records from the Growth Management Department, what was 11 Regular City Council Meeting March 10, 2010 Page Twelve presented today as well as argument, the supplemented document. He said they are the equivalent of an appellate court. Mayor Gillmor directed Mr. Wolff to circle page 62 as to where they can go legally. The Motion died for lack of a second. In response to questions from Council Members, the City Attorney said they are judging whether P Z was correct in their approval, and if Council allows the expansion, they can modify the conditions that were imposed, however if they uphold the appeal, he did not see how they could impose additional conditions. He advised that if the appeal is upheld there could be court proceedings to get the expansion or the owner could build on the existing footprint as approved in 2003. The City Attorney advised Council can't be arbitrary. He said the expansion meets the master plan, the building code, the code, but there was a fire. He said on the other hand the appeal is not frivolous, there are issues that could lead a deliberative body to decide that there are certain factors they can rely on to say they don't want the expansion. Mayor Gillmor said he understands they have the right to rebuild, but they want to double the size and his concern is the safety of the Elks. He said the stack is below the roofline of the Lodge and they haven't been raised in the new design; and a wind from the north will have some issues. He said there are considerable reasons not to approve doubling the size. Mr. Wolff said it was too bad they couldn't relocate to the Airport. He said to put it back with such intensive use in that corner, he wished we could find another location. Mr. Wright said he is concerned with the safety of the Elks Lodge, but codes, fire protection, and comp plan are being met, and he said he didn't think he was allowed to rule in favor of the appeal based on emotional feeling although he is allowed to have those feelings. Mr. Wolff asked about standard operating procedures noting no one is in attendance. Mr. Wright said the owner said there will be cameras. Mr. Wolff said someone is needed to monitor the cameras. Mr. Hill said there are requirements for these type of facilities and no one has presented that they are not meeting requirements. He said Council is an appellant body, they need to keep the emotion out, and what he feels about the Elks doesn't matter. Mr. Wolff said they have the opportunity to add any conditions that might improve the quality of life for the citizens and he asked if there was something they would like to see that the state isn't covering. Mr. Hill said they could not add anything impossible to attain. The City Attorney advised that if Council decides to reject the appeal and decides to look at conditions, there is condition number five that needs to be addressed. Ms. Coy asked Mr. Young if there were written standard operating procedures for the crematory. 12 Regular City Council Meeting March 10, 2010 Page Thirteen Mr. Young responded that when they purchased the machine they had a training session by the manufacturer. Ms. Coy cited the manufacturer's operating procedures on circle page 176. Mr. Young said the new machine is computer operated, it comes with operating manual. Ms. Coy said there will still be rules to follow and asked if they complied with all of the operating procedures. Mr. Young said they did. Ms. Coy agreed that Council does have to separate the emotion but she was driving by and couldn't believe what she saw and compounding that with a crematorium, she said certain things had to occur to prevent public view of some unpleasant situations. She said they are allowed to look at safety issues and based on the historical record she was not comfortable taking the same small space and more than doubling the expectations. MOTION by Coy and SECOND by Mayor Gillmor to approve the appeal to P Z's decision. Result of the roll call vote: AYES: Wolff, Gillmor, Coy NAYS: Wright, Hill Motion failed as the LDC requires four affirmative votes. Mayor Gillmor cited the recommendations that the Elks members would like to see on circle page 99, emphasizing they have a duty to keep members safe. MOTION by Gillmor and SECOND by Mr. Hill to approve option 2B to modify the conditions imposed by P Z to include: Chief Nolan's recommendations, raise the smoke stake; and install a small barrier wall between the two buildings. The City Attorney advised if Council is so inclined, they should do it in two motions: (1A) to reject the appeal and reaffirm the action by P Z; and then (2B) to add conditions. Mayor Gillmor and Mr. Hill agreed to amend their motion as advised by the City Attorney. MOTION by Mr. Wolff and SECOND by Mr. Hill to extend meeting passed with a voice vote of 5 -0. Mr. Wolff said the engineer should advise if the stack can be raised. The City Manager said the request to raise the stack is similar to the P Z requesting the two hour fire ceiling because there is a building code that stipulate the stack has to be three feet above the roof line so the stack height will be guided by the building and the code and Council was asking them to supersede that. The Growth Management Director asked what wall height Council would like to see. Mayor Gillmor said the wall would have to be above the eaves line of the Elks. The Growth Management Director said that would be 12 -14 feet and in response to the applicant she said that size would be considered a structure and have to meet setback. Mr. Hill WITHDREW his SECOND on the motion. The City Attorney said the height could be specified in the motion. 13 Regular City Council Meeting March 10, 2010 Page Fourteen Mayor Gillmor said he would like to revise his motion. The City Attorney advised that this would be the 2B MOTION to apply P Z's conditions and modifying condition number five, in addition to adding the 10 foot high wall between the buildings. Mr. Hill questioned the need for the wall. For the record, the City Attorney clarified there was an original motion to reject the appeal and affirm the action of P Z; and a second motion to modify the P Z conditions with the addition of the wall. The Clerk stated that Mr. Hill subsequently withdrew his second to the motions. Mr. Hill confirmed that he had withdrawn his second. MOTION by Ms. Coy and SECOND by Mayor Gillmor to remand to P Z for further consideration, no action would be taken on the appeal. Mr. Hill asked if P Z has the ability to change its decision and the City Attorney said yes. Mr. Vocelle said that Mr. Young did not want to go back to P Z, will accept the 10 foot wall as proposed, and, if possible, install a fire alarm through a telephone line on the building. Mr. Wright noted that Mr. Young is willing to accept all of the modifications and sending this back to P Z does not make sense. Mr. Nichols said he did not think it was made clear that with a majority vote, Council may either reject the appeal and affirm the action of P &Z or remand to P Z for further consideration. Result of the roll call vote: AYES: Gillmor, Coy, Wolff NAYS: Wright, Hill Motion carried, no supermajority vote required to send back to P Z. 10. UNFINISHED BUSINESS 10.033 A. Collier Creek Dock, Fencing, Landscaping Guidelines (City Manager 197 -203 Transmittal, Draft Policy, Letter, LDR 54- 3- 11.4(f)(14)) The City Manager explained staffs plan included a Building Department permitted plan, centered on the property, and two feet away from the dock. Ms. Coy asked how staff arrived at the plan because jetting was not favored at the previous meeting. The City Manager said the contractor advises not to jet so his work isn't cancelled, which may be out in the extreme. He advised that Council can accept "no jetting" or "have the homeowner go out a little to jet." The City Manager confirmed that the Building Department would approve the design and inspect after installation. Ms. Coy said she could approve waiving the permit fees for those who did have permit. The City Manager said it is too hard to tell who already paid the fee. 14 Regular City Council Meeting March 10, 2010 Page Fifteen MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve staffs plan and have the homeowner's pay the $75.00 permit fee. Public Comment Vic Klein, 719 Wimbrow Drive, said the fee waiver is a tiny consideration as his seawall wasn't that bad, $30,000 worth of landscaping was destroyed, he was not charged for the fence permit and shouldn't have to pay for the dock. Damien Gilliams agreed there should be no fees. Result of the roll call vote: AYES: Gillmor, Hill, Coy, Wright NAYES: 0 ABSTAINED: Wolf Motion carried 11. PUBLIC INPUT Public input procedures are on the back of the agenda. A sheet is available on a table at the back of the chambers for people to sign prior to meetings. Signing is not mandatory and individuals who raise their hands will be recognized. If the Council fails to reach this item during a meeting, only those people who have signed prior to the meeting will have their item carried forward to the next regular meeting. Damien Gilliams, 1623 US Highway 1, suggested charging non profit organizations ad valorem taxes. He suggested that the City Manager talk to Waste Management about charging businesses for the recycling containers so the City can be more "green." 12. NEW BUSINESS 10.046 A. Resolution No. R -10 -07 Velocity Leasehold Release and Adiustment 205 -250 (Airport Transmittal, Infield Lease, Factory Lease, R- 10 -07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AUTHORIZING THE RELEASE OF OBLIGATIONS UNDER AN AIRPORT LEASE BETWEEN A B LEASINGNELOCITY AND THE CITY OF SEBASTIAN; AUTHORIZING A LEASE RATE INCREASE ON A SEPARATE AIRPORT LEASE BETWEEN THE SAME PARTIES; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The Airport Director explained that the resolution would release Velocity from an infield lease at the Airport and in consideration of that, increase their other lease by 10 MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R- 10 -07. Result of the roll call vote: AYES: All NAYS: 0 Motion carried 10.047 B. Indian River County Discretionary Sales Tax Request (City Manager 251 -255 Transmittal, Letter) The City Manager said this was a request from the Indian River County Board of County Commissioners requesting a formal response, noting if it is refused they County will look 15 Regular City Council Meeting March 10, 2010 Page Seventeen to Emergency Services District tax to fund improvements to municipalities. He recommended that Council reject the request. Mr. Wright reported that he spoke to Mr. Brown and asked why the County couldn't use impact fee monies and Mr. Brown reported that they needed to replace existing facilities and the impact fee monies were for new facilities. It was the consensus of Council to reject the County's request and the City Manager advised he would write back to Mr. Brown. 10.048 C. Award Professional Services Agreement for Evaluation and Appraisal 257 -322 Report to Outlier Planning, LLC in the Amount of $37,486.00 (GMD Transmittal, Agreement, Exhibit A, Scores) This item was moved up to 9A on the agenda. 13. CITY ATTORNEY MATTERS 10.049 A. Litigation Update (Memo) 323 -324 ArT The City Attorney explained this is the memo he was asked to provide to the City's auditors and noted there are a number of foreclosures and bankruptcies that are not listed. Mayor Gillmor and Mr. Wolff thanked him for including it and asked for it to be provided quarterly. 14. CITY MANAGER MATTERS none. 15. CITY CLERK MATTERS Mayor Gillmor welcomed the Clerk back from her medical leave. She thanked her staff for doing a great job while she was out. 16. CITY COUNCIL MATTERS A. Council Member Coy None. B. Council Member Wolff Mr. Wolff asked if any of the Council Members responded to the traffic sign at Fleming. Council discussed the confusing nature of the intersection. The City Manager said the intersection is marked correctly and the trouble is that people don't pay attention to the signs, he didn't know what the answer was but he offered to take it to the traffic committee. Mr. Wolff gave kudos to the Public Works Department for the work at Schumann Tennis Courts and said they look great. 16 Regular City Council Meeting March 10, 2010 Page Seventeen Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk C. Council Member Wright None. D. Mayor Gilimor FT Mayor Gilimor said people have asked him for a racquet ball wall or court and he asked if it could be included when they rebuild the skate park. Mr. Wright said he tried to get one and was unsuccessful before Council. The City Manager said that would be a great item for the recreational impact fee workshop. E. Vice Mayor Hill Mr. Hill said it was an amazing night as he had misinformation twice. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 10:32 p.m. Approved at the April 14, 2010 Regular City Council Meeting 17 City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. CM OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 24, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:40 p.m. 2. Rev. Ron Thomas of the Friendship Community Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joe Griffin Administrative Services Director, Deb Krueger Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Regular City Council Meeting March 24, 2010 Page Two 10.050 A. Proclamation Boys Girls Club Week March 21 27, 2010 1 2 F T 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. Mayor Gillmor read the proclamation and presented it to Jay Bumgarner, Director of Operations and Marcus Johnson, Youth of the Year who invited all citizens to take a tour of the Sebastian facility. 10.051 B. Presentation of Certification of Completion from Florida Institute of Government to Council Member Wright Institute for Elected Municipal Officials Mayor Gillmor presented Council Member Wright with his certificate. Mr. Wright said the Institute was an intense, valuable three -day event to help him manage the City. 10.052 C. Presentation of City of Sebastian Fiscal Year 2008 -2009 Comprehensive Annual Financial Report by Harris, Cotherman, Jones, Price and Associates (Report Under Separate Cover) Margo Lent, Senior Audit Manager, thanked Ken Killgore, Deb Krueger, and Nancy Veidt for their help with the audit process. She said they have issued a clean opinion on the City's financial statement and she was confident the Government Finance Officers Association will issue a Certificate of Achievement for Excellence in Financial Reporting for the 2009 CAFR as they did for 2008. In response to the City Manager and Ms. Coy, the Administration Services Director said they have received the award for the past nine years. Brief Announcements Ms. Coy reminded Council that the Ocean Concrete issue was coming up before the County Commission on April 20 and asked if Council wanted to remind the County of the City's opposition resolutions. Mr. Hill said he requested more information on the issue but had not received anything. Ms. Coy asked that the resolutions be placed on the April 14 agenda. Ms. Coy invited the public to the April 6 Poetry Reading and Slideshow by Alaskan Wilderness Guide John Blue Feather at the North County Library at 7:00 p.m. Mayor Gillmor said he had the pleasure of delivering Mayor for Meals on Wheels earlier today where he met Catherine Smith who is 87 years young today. He wished her a happy birthday on behalf of Council. Mr. Wolff announced the Evaluation and Appraisal Report (EAR) Workshop to be held tomorrow night at the P Z meeting to receive public comment. The Growth Management Director said the official scoping meeting will be held on April 1 at 6 p.m., and then the EAR will come to Council on April 14 for a hearing. Regular City Council Meeting March 24, 2010 Page Three 3 10 A. Approval of Minutes 3/3/10 Joint Workshop 10.053 B. Accept 2009 CRA Annual Report (Administrative Services Transmittal, 11 29 Report) Ms. Coy said the April 14 meeting is to be a workshop and the Ocean Concrete matter would not be able to be on the agenda. The City Manager said he planned to switch the workshop to April 28 as he had many items for the 14 meeting. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. MOTION by Mr. Hill and SECOND by Mr. Wright to approve consent agenda items A and B passed with a unanimous voice vote of 5 -0. City Attorney noted the CRA report was before Council a second time tonight per state law. 8. COMMITTEE REPORTS APPOINTMENTS None 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 10.054 A. Boys Girls Club Basketball Court Request (City Manager Transmittal, 31 35 Agreement Excerpt, drawings) The City Manager said the Boys and Girls Club has requested to construct a basketball facility behind their leased property at the City Complex. He pointed out their lease states that premise modifications need to have Council approval. He said staff concern was that the building be in conformance with the buildings on the campus and asked for assurance that everyone would be comfortable with the Club's plan to have a metal roof. He outlined the four options listed in the agenda packet and added an additional option of estimating how much it would be to build our own court. He said they would need an additional $50,000 with the embellishments. He noted the Club still needs to obtain their construction design and SJRWMD permit and suggested helping them with the design concept so everyone is comfortable. Jay McNamara, Chairman, Board of Directors, said the $1.1M Club was paid for by donations and there are three buildings on the campus with attractive metal roofs. He said they have spent over $1 M in operating costs and the kids have benefited by 455,000 hours since they've opened. Regular City Council Meeting March 24, 2010 Page Four Mr. Hill clarified that staff has direction to get it done. Result of the roll call vote: AYES: Coy, Wolff, Wright, Gillmor, Hill NAYS: None Motion carried 11. PUBLIC INPUT None 12. NEW BUSINESS None 13. CITY ATTORNEY MATTERS None Discussion followed on possibly assisting with the design criteria, the height of the roof, enclosing the structure with fencing, looking at the court at Sebastian Elementary, and assurance that the court would be available to the public when not in use by the Boys and Girls Club. Mr. McNamara said the structure will be hidden behind the Club and the fencing is optional, but was included for security during off hours. Mr. Hill said he appreciated the Club raising $135,000 to build the court that will be an asset to the City and used by the community. He said it should be done as soon as possible, he liked the idea of using City funds to come up with a design and it made no sense to use tile on the roof. MOTION by Mr. Hill and SECOND by Mayor Gillmor to move forward and use City funds to come up with a design that will fit the Club's budget and the City's campus. Dale Simchick, Sebastian, cited the length of time the organization has been working on this and said the Club plans to match the metal roof with the gazebo on campus and urged Council to move forward with the court. The City Manager said the lease stipulates that Council does have to give written authority to modify the improvement and it is a major site plan modification requiring P Z review. He offered that they can move forward now with the metal roof without written authority, or grant written authority. He also offered that the City can pay for the non -metal roof architectural plans, getting them through the site plan review phase, and accept P Z's recommendation or the City could spend money to get the tile roof to get them through site plan review Mr. Hill said his motion is the City Manager's first option, to get the structure built. The City Attorney said the motion should authorize the City Manager to execute appropriate written consent for the proposed construction of a basketball court with a metal roof. Mayor Gillmor reiterated his second. Ms. Coy offered to waive all permit fees. This was not agreed to by Council. 4 Regular City Council Meeting March 24, 2010 Page Five ATTEST: 14. CITY MANAGER MATTERS None 15. CITY CLERK MATTERS None 16. CITY COUNCIL MATTERS A. Council Member Wolff None. B. Council Member Wright C. Mayor Gillmor Approved at the April 14 2010 Regular City Council meeting. Richard H. Gillmor, Mayor Sally A. Maio, MMC City Clerk Mr. Wright said he received a letter from Ed Lamb about the windmills at the Airport. Mr. Wolff said he spoke to Mr. Lamb and it is all sorted out. The City Manager said he would get copies of his letter and the Mayor's letter to all of the Council Members. Mayor Gillmor said he and the Airport Director met with Indian River State College Dean Jan Pagano and they discussed having a financial analyst paid by College stationed in the CRA District for 20 -30 hours a week, funded by the City CRA funds. He said the cost would be about $15,000 a year and the College would handle the bookkeeping. He asked to put this on April 14 CRA meeting agenda. The City Manager said he would do so. D. Vice Mayor Hill None E. Council Member Coy None 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 7:28 p.m. 5 Subject: Police Department Vehicle Purchases Approved or Submittal by: City ir.1 Manager Agenda No. JO 0690 Department Origin: Finance Director.. City Attorney: City Clerk: Polic i j .v-- Date Submitted: 04/01/10 For Agenda of: 04/14/10 r, i A. Minner Exhibits: FSA Bid Awards 09 -17 -0908 and Quote Sheets from Bartow Chevrolet. EXPENDITURE REQUIRED: $149,534.00 AMOUNT BUDGETED: $385,000.00 APPROPRIATION REQUIRED: None CM CT NOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The Police Department has an approved budget to replace ten high mileage, high maintenance vehicles. Due to the current economic environment, we have scrutinized our present fleet replacement schedule, and determined that the replacement of seven vehicles would be sufficient. We are requesting approval to purchase four Chevy Malibu administrative vehicles, two Chevy Tahoe PPV K -9 vehicles and one Chevy Extended 2500 Express Cargo Van. The administrative Chevy Malibu is similar to the administrative Chevy Impala which we currently utilize. However, the Malibu is $1,647.00 less than the Impala for a total savings of $6,588.00. The Malibu also has a 4 cylinder engine as opposed to the Impala 6 cylinder engine, providing for superior fuel economy. The Malibu is rated at 22 to 33 mpg. The K -9 Chevy Tahoe is similar to the K -9 Ford Expedition that we currently use. The Expedition is $77.00 less than the Tahoe; however, the Tahoe has superior fuel economy with a rating of 15 and 21 mpg. The Expedition is not a pursuit rated vehicle and has a higher center of gravity, increasing the risk of rollover accidents. The K -9 officers have voiced a concern in the high speed operation of the Expedition. The Tahoe is a pursuit rated vehicle and has a lower center of gravity, reducing the risk of rollover accidents. The Tahoe's lower center of gravity could also extend the K -9's work life by reducing the impact to the animal's hips as it deploys from the vehicle. The Chevy Extended 2500 Express Cargo Van is needed to replace our current Mobile Command Post, which is a 1995 retired Ford Ambulance with over 121,000 miles The replacement vehicle will be utilized: As a mobile command post. To transport SRT team members to and from events. To transport officers and equipment to and from off site training. To transport officers and equipment to and from special events. Utilizing the van for the aforementioned situations will substantially reduce the number of vehicles necessary to fulfill these tasks, thus reducing wear and tear as well as fuel consumption. With your approval of this request, there will be other associated vehicle expenses for graphics, video systems, radars, computers, stingers, emergency lights /sirens and AED's. The associated vehicle costs are an estimated additional $50,000.00. The replaced vehicles will be sold at public auction. RECOMMENDED ACTION Move to authorize the purchase of four Chevy Malibu administrative vehicles, two Chevy Tahoe PPV K -9 vehicles and one Chevy Extended 2500 Express Cargo Van from Bartow Chevrolet in the amount of $149,534.00. The purchase is from the State Contract 09 -17 -0908. DATE 04/02/10 TO Chief J. Michelle Morris FROM: D/ C. Gregory A. Witt REF Hybrid Vehicles ASTI4 POLICE D PARTMEJ Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 772 589 -5233 Fax 772 589 -2207 e -mail gwitt@cityofsebastian.org Gregory Witt, Deputy Chief Per your request, I investigated the feasibility of converting our administrative vehicles to hybrids as they come due for replacement. My findings are as follows: 1. The hybrid vehicle is $6,918.00 more than the standard vehicle, which equates to an additional $27,672.00 to replace the four vehicles. 2. The hybrid vehicle has an EPA estimated 33 to 34 MPG, while the recommended vehicle has an EPA estimated MPG of 22 to 33. 3. Once out of warranty, hybrid vehicles are expensive to repair and require specific training to service. 4. Most hybrid vehicles will not allow the connection of any electrical equipment to the vehicles, or it immediately voids the warranty. This means emergency lights, sirens and police radios can not be installed in the vehicle. 5. The only hybrid company that allows the installation of police electronics in their vehicles is Toyota. The only comparable Toyota vehicle listed in State Contract 09 -17 -0908 is the Camry. Due to the exorbitant cost, negligible fuel economy and service issues that arise from purchasing hybrid vehicles, as well as the fact that Toyota is currently experiencing malfunction issues with the Camry that have not been identified or corrected. Therefore, it is my recommendation that we not purchase hybrid vehicles at this time, fiscal year 09/10. 1475 West Main Street Bartow, FL 33830 J.C. Martin, Fleet Manager 863 393 -6043 jc @bartowchevrolet.com DATE 3 24 2010 REQUESTING AGENCY CONTACT PERSON PHONE NUMBER FAX NUMBER EMAIL ADDRESS MODEL NUMBER: 1ZG69 2010 CHEVROLET MALIBU OPTION# DESCRIPTION COMMENTS: REQUEST FOR QUOTE _Sebastian Police Department _Gregory A. Witt 772 589 -5233 PAGE 1 OF 1 gwitt@cityofsebastian.org SPECIFICATION _FSA-05 BASE DISTRICT PRICE: 16.759 4 CYL ENGING CREDIT (6 CYL NO LONGER AVAIL) 1LT 1LT PACKAGE UPGRADE XM RADIO DELETE CREDIT ONSTAR DELETE CREDIT COST (100) 2.465 (35) (35) TOTAL OF OPTIONS: 2,295 TOTAL COST: 19,054 TOTAL OF OPTIONS: TOTAL COST: 1475 West Main Street Bartow, FL 33830 J.C. Martin, Fleet Manager- 863 393 6043— jc @bartowchevrolet.com REQUEST FOR QUOTE DATE 3 29 2010 PAGE 1 OF 2 REQUESTING AGENCY Available units 9 CONTACT PERSON PHONE NUMBER FAX NUMBER EMAIL ADDRESS MODEL NUMBER: _CC10706 SPECIFICATION _FSA 03 2010 CHEVROLET TAHOE PPV BASE DISTRICT PRICE: 22.994(N &C DIST) OPTION# DESCRIPTION COST 9G$ DISABLE DAYTIME RUNNING LAMPS NC 617 FACTORY WIGWAG 480 WPUMP -LED DELUXE WHELEN UNMARKED PACKAGE INC: VISOR LEDS AND REAR WINDOW LEDS W/ TWO EACH SIDE, RED /BLUE, SIREN /CONTROL 2,815 EXT COLOR WHITE 7X6 LH SPOTLAMP 460 6A6 DUAL HD BATTERIES 115 6B2/6N5/6N6 RDOOR HANDLES, WIND SWITCHES, LOCKS INOP 188 G80 LOCKING REAR DIFFERENTIAL 295 4,353 27,347 COMMENTS: Need desired Exterior Color Choice. 1475 West Main Street Bartow, FL 33830 J.C. Martin; Fleet Manager 863- 393 -6043 jc @bartowchevrolet.com REQUEST FOR QUOTE DATE 3 29 2010 PAGE 1 OF 1 REQUESTING AGENCY Sebastian PD CONTACT PERSON Greg Witt PHONE NUMBER 772- 589 -5233 FAX NUMBER EMAIL ADDRESS _gwitt@cityofsebastian.org MODEL NUMBER: _CG23405 SPECIFICATION FSA 38 2010 CHEVROLET EXPRESS CARGO BASE DISTRICT PRICE: 15,049 OPTION# DESCRIPTION COST ZW2 DELETE SIDE GLASS (20) C69 REAR AIR CONDITIONING 860 KG3 DUAL ALTS 75 ZQ2 POWER WIN /LOCKS 475 G80 LOCKING REAR DIFFERENTIAL 325 CG33705 EXTENDED 2500 CARGO VAN 8.600GVW 1.860 TOTAL OF OPTIONS: TOTAL COST: 3.575 18.624 Subject: Major Issues for EAR process A pry- -d for Submittal by: l� 1 40 Agenda No. Department Finance: /O. Q(o 1 Origin: GM Ill) City Attorney: City Clerk: /O atMoi° Al inner, City Manager Date Submitted: For: Meeting April 7, 2010 of April 14, 2010 Exhibits: Letter of Transmittal to the Department of Community Affairs EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: CITY Of HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Every seven years, the Department of Community Affairs (DCA) requires the City to evaluate the effectiveness of the City's Comprehensive Plan. This evaluation is known as the "EAR" the Evaluation and Appraisal Report. The first step in the process is to hold meetings and invite public input to determine local issues that will be utilized in evaluating the Comp Plan elements. Local issues in the EAR process are referred to as "Major Issues For example, rather than listing a broad based concern like "transportation" communities should translate that broader concern into a list tailored to our community as it relates to future growth. City Staff has invited residents, business owners and property owners to participate in the EAR process. DCA recommends that communities select approximately four to six major issues for use in evaluating the comprehensive plan. The Local Planning Agency (Planning and Zoning Commission) conducted an EAR workshop on March 25, 2010, to gather input and held a productive workshop with a lot of dialogue. Following that, the LPA conducted a public hearing and scoping meeting on April 1, 2010, and formulated the five major issues into substantive areas developing the list into targeted categories reflective of the public input and comments from other agencies. The LPA reached consensus on these five items and recommend approval. RECOMMENDATION Conduct a public hearing on the issues attached, make any adjustments necessary to the list based upon Council's input, and authorize staff to transmit the list to the Department of Community Affairs (DCA). April 14, 2010 Mr. Mike McDaniel Florida Department of Community Affairs Division of Community Planning Plan Processing Team 2555 Shumard Oak Blvd. Tallahassee, FL 32399 Mr. McDaniel, CIA OF HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 RE: Request for Letter of Understanding for the City of Sebastian 2010 Evaluation and Appraisal Report This letter serves to identify the proposed major local planning issues to be addressed in the City's Evaluation and Appraisal Report (EAR) for the City of Sebastian Comprehensive Plan. The City requests a Letter of Understanding from the Florida Department of Community Affairs acknowledging your agency's concurrence on these issues. The City of Sebastian hosted an advertised public workshop on March 25, 2010, for the purpose of identifying and discussing the major issues that should be addressed in the City's EAR. The City advertised and conducted a Scoping Meeting on April 1, 2010, with invitees including representatives of adjacent jurisdictions, and State, Regional and County agencies to receive input on the key issues identified and solicit additional input. At an advertised public hearing held on April 14, 2010, the City Council approved the attached list of major issues and approved Staff to transmit this letter to your agency. The attached list includes the major issues that were developed through the feedback from the public, the Planning and Zoning Commissioners (as Local Planning Agency), city staff, and other governmental agencies. The City received comments from the Metropolitan Planning Organization, Indian River County, the Treasure Coast Regional Planning Council, Florida Department of Transportation District Four and the St. John's Water Management District. The City will also be addressing all other requirements of Section 163.3191, Florida Statutes. The City of Sebastian proposes that the major issues presented herein form the basis for the Letter of Understanding between the City and the Department of Community Affairs. If you have any questions or concerns, please contact our EAR consultant, Brandon Schaad, AICP, of Outlier Planning at 561- 972 -8147 or BSchaad @OutlierPlanning.com. Sincerely, Al Minner City Manager c: Rebecca Grohall, Growth Management Director Sebastian EAR Major Issues April 2010 1) Connectivity of arterial /collector roadways alternative transportation modes Sebastian neighborhoods enjoy good interconnectivity, however, some local collector roadways are becoming congested and are projected to be overcapacity in future years. The City works with the MPO staff to explore methods to increase capacity through widening roads or developing new roadways options to facilitate east/west and north /south travel. The City of Sebastian, not unlike other communities, is dependent upon vehicles as the primary mode and while there are several transit routes serving the City, other alternatives to automobile travel, like rail, are not yet available. These topics will be examined in the context of improving mobility in Sebastian, as well as the relationship of these issues to community character and their relationship to changes in state mandated transportation requirements for comprehensive plans under Senate Bill 360 and House Bill 697. 2) Economic development and job creation Economic development and job creation are perennial issues for almost any community, but even more in the current severe economic downturn. This analysis will build on the City's extensive previous work on economic development, and identify how the comprehensive plan can best reflect and implement the city's economic policies. Particular topics identified for examination include development of the tourism industry, green industries, energy efficiency efforts and opportunities, the business climate in Sebastian, whether the city has adequate housing for different segments of the community and future industrial growth at the airport. Maintaining a jobs /housing balance, ensuring affordable housing and housing choices are key components of this issue. 3) Balancing sustainable growth with protection of community character Most people that live in Sebastian do so because they like the city, its environs and the lifestyle it affords. Therefore, protection of the community's character is a priority for the community. At the same time, residents desire economic growth and job creation, which can produce side effects increased traffic, environmental impacts, etc. that threaten community character. This analysis will address how to balance the need for growth with protection of community character, including a review of existing zoning overlays that apply to the Riverfront and CR 512, areas that are important to the city both economically and as centers of community character. 4) Future development and funding of the park and recreation system The City currently has a wide variety of parks, well distributed throughout the City, and the park system continues to grow incrementally. Additionally, the City has a dedicated financial resource in park and recreation impact fee funds to finance further capital improvements. As part of this analysis, the comprehensive plan's park system data regarding facility needs will be reexamined, and funding needs and sources for operations and maintenance will be considered. An area of possible further park development and one that could relate strongly to economic development via tourism is the development of greenways and blueways (water based trails). 5) Annexation and service delivery Annexation has been a contentious issue in Sebastian's past, largely because of its association with growth and development of vacant land on the City's municipal boundaries. But annexation is a complicated issue that is tied to a myriad of other factors including economic development, fiscal resources, service delivery, intergovernmental coordination and others. Analysis of this issue will include identifying potential annexation opportunities and annexation strategies; as well as the impact of development in the land adjacent to but outside of municipal boundaries and Interlocal agreements. mra LBA HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Consider Resubmitting Concrete Objection Resolutions A pr• for Submittal by: JJ� Ocean Agenda No: Department Date Submitted: For Agenda City Attorney: /0 O(pc Origin: City Cler 4/8/10 of: 4/14/10 Al in r, City Manager Exhibits: Chrono, R- 07 -02, R -07 -23 Expenditure Required: Amount Budgeted: Appropriation Required: On March 10, 2010 Council County would be readdressing that a letter of objection Vice Mayor Hill asked Attached is a Council City Council Resolutions They are attached for County Commission if scheduled this issue for SUMMARY STATEMENT Council that Indian River Issue in April and asked County be resubmitted. letter was sent. Concrete issue in 2007. and June of 2007. them to the Indian River has tentatively Member Coy reported to the Ocean Concrete previously sent to Indian River for further information before the Meeting chrono for the Ocean of objection were sent in January your review. Staff will resubmit directed. The County Commission April 20, 2010. 07.016 Ocean Concrete 6/14/06 Council Meeting Information by George Maib under public input in response to input regarding proposed Fleming extension 1/10/07 Council Meeting Ocean Concrete Report council to adopt resolution in opposition 1/24/07 Council Meeting Resolution No. R -07 -02 Opposing the Ocean Concrete Plant approved 2/14/07 Council Meeting George Maib Ocean Concrete Presentation carried forward to future agenda 3/28/07 Council Meeting Presentation Citizen Update Regarding Ocean Concrete Rex Nelson agenda 5/23/07 Council Meeting Rex Nelson Brief Update Report on Concrete Plant Issue carried forward to 6/13/07 agenda 6/13/07 Council Meeting Rex Nelson Presentation on Proposed Ocean Concrete 6/27/07 Council Meeting Resolution No. R -07 -23 Support for IRC Commission to Approve Amendments to IL District Regulations adopted RESOLUTION R -07 -02 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, VOICING CONCERN AND OPPOSITION TO PLANS FOR A CONCRETE PLANT ON OLD DIXIE HIGHWAY WHEREAS, the City Council has learned that a site plan for a concrete batching facility located at 11085 Old Dixie Highway is being considered for development approval; and WHEREAS, the County has zoned this property IL Light Industrial District, as defined by the County to provide limited manufacturing and promote the establishment of employment centers to urban services and facilities, the area labor force, and local industrial and business markets while minimizing the potential for any adverse impacts upon nearby properties; and WHEREAS, the existing transportation infrastructure is inadequate to handle the industrial traffic to be generated by the facility, and proposed improvements to Old Dixie Highway still leave hazardous traffic conflicts where that roadway intersects with County Road 512 adjacent to the railroad crossing; and WHEREAS, the use of the railway for deliveries to the facility will result in dangerous blockages of key access roadways into the neighborhoods of Sebastian, endangering the lives of our citizens by hampering the delivery of police, fire and emergency services to a large amount of the local population; and WHEREAS, the quality of life for adjoining Sebastian neighborhoods will be degraded by the noise and dust generated by this incompatible use; and WHEREAS, the ambiance of this area, close to environmental conservation lands, will be degraded by the visual pollution of an industrial "silo" that will stand more than three times higher than other structures in sight; and WHEREAS, the City Council finds it is not logical to deem a concrete batching to be a light industrial activity, rather it is representative of heavy industrial activity, and therefore should not be permitted by right in the IL District; and WHEREAS, the City Council determines that approval of the facility shall create a conflict with the Comprehensive Growth Plan policies of both the County and the City as an adjoining jurisdiction; and WHEREAS, the proposed water use by the facility will have a negative impact upon the shallow aquifer in this hydrologically sensitive area, and will endanger the potable water supply for adjacent homes services by water wells; and SO RESOLVED this 24 day of January, 2007. Mayor Brian Burkeen Councilmember Al Paternoster Councilmember Andrea Coy Councilmember Sal Neglia WHEREAS, the City Council finds that the adverse impacts of this proposed facility upon the citizens of Sebastian, as well as City of Sebastian infrastructure and city -owned facilities justifies intervention by the City of Sebastian into this process; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: The City Council on behalf of the citizens of the City of Sebastian implores the County Commissioners to require the strictest scrutiny of this application by County staff and recommends that the proposed Concrete Facility located at 11085 Old Dixie Highway not be approved. The foregoing resolution was moved for adoption by Councilmember Neglia The motion was seconded by Councilmember coy and, upon being put to a vote, the vote was as follows: aye aye aye aye The Mayor thereupon declared this resolution duly passed and adopted this 24 day of January, 2007. ATTEST: Sally A. M City Cler CITY OF SEBASTIAN, FLORIDA By: 7PY Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City A rney RESOLUTION NO. R -07 -23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS TO APPROVE A PROPOSED ORDINANCE TO AMEND INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS CHAPTER 911, ZONING, BY REVISING THE TABLE OF USES FOR INDUSTRIAL DISTRICTS IN SECTIONS 911.11(4) AS RECOMMENDED BY STAFF AND COUNTY PLANNING AND ZONING COMMISSION PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a proposed concrete plant adjacent to Sebastian City limits has prompted formation of a citizens group which opposes heavy uses within County Light Industrial Zoning Districts; and WHEREAS, citizens of Sebastian have come forward to request the assistance of City Council in supporting new regulations for industrial zoning districts in Indian River County; and WHEREAS, City Council, by consensus, directed City staff to submit a letter of support for the amendments proposed by County staff to County Planning and Zoning Commission for its June 14, 2007 meeting; and WHEREAS, City Council, by consensus, urges the County Commission to act favorably on the proposed amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. SUPPORT FOR APPROVAL OF AMENDMENTS TO 911.11 (4) REGARDING USES IN INDUSTRIAL DISTRICTS. The City Council of the City of Sebastian strongly urges the Indian River County Board of County Commissioners to approve amendments to 911.11 (4) of the Indian River County Land Development Regulations as submitted by County staff and recommended by County Planning and Zoning Commission. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. motion was seconded by Councilmember to a vote, the vote was as follows: Mayor Andea B. Coy Vice Mayor Sal Neglia Councilmember Al Patemoster Councilmember Dale I. Simchick Councilmember Eugene Wolff 27th day of June 2007. Sally A. M o, MMC City Cle Approved as to form and content for relian the City of Sebastian only: Rich Stringer,`f✓ity A� jtorney By: Section 3. EFFECTIVE DATE. This Resolution shall be come effective immediately upon its adoption. This resolution was moved for adoption by Councilmember Neglia The Simchick Mayor Andrea Coy aye aye aye aye aye CITYOFS !'ST aN, F1,f IDA and, upon being put The Mayor thereupon declared this Resolution duly passed and adopted this 2 Subject: Resolution No. R -10 Partial Vacation of Easement 401 Caravan Terrace: Lot 14, Sebastian Highlands Unit 10 A k prov d f or Submittal by: City -08 Dexter Block 289, Manager Agenda No. g) 0/0 3 Department Origin: Finance Directory, City Attorney: City Clerk: Growth Manageme ,vC4 W Date Submitted: April 6, 2010 For Agenda of: April 14, 2010 •1 ne Exhibits: 1) R -10 -08 2) Site Map 3) Staff Report 4) Application 5) Utility Letters EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: cnc� SEB TLvv HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY This is a request for vacation of ten (10) feet of the rear twenty (20) foot public utility and drainage easement located on Lot 14, Block 289, Sebastian Highlands Unit 10, 401 Caravan Terrace. The ten (10) feet is being requested for the construction of a swimming pool. All utility and drainage entities have forwarded their approval of this request. RECOMMENDED ACTION Make a motion to adopt Resolution No. R- 10 -08, abandoning ten (10) feet of the rear public utility and drainage easement for 401 Caravan Terrace. RESOLUTION NO. R -10 -08 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 14, BLOCK 289, SEBASTIAN HIGHLANDS UNIT 10; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the owner of the land at 401 Caravan Terrace has filed a request for a partial abandonment of the public utility and drainage easement along the northern lot line of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southernmost ten (10) feet of the north twenty (20) foot public utility and drainage easement located on Lot 14, Block 289, Sebastian Highlands Unit 10, less the western most six (6) feet thereof, as recorded in Plat Book 6, Pages 37, 37A thru 370 of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. Section 4. upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: The Mayor thereupon declared this Resolution duly passed and adopted this day of ATTEST: Sally A. Maio, MMC City Clerk Mayor Richard Gillmor Vice -Mayor Jim Hill Councilmember Andrea Coy Councilmember Eugene Wolff Councilmember Don Wright 2010 EFFECTIVE DATE. This resolution shall take effect immediately CITY OF SEBASTIAN, FLORIDA By: Richard Gillmor, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney 0 0 0 (N34•20'20 W) baaaa ;PpI ;FW S a N S iii r (S 34'20'20 E) C/L BARBER STREET FM B0' PUBLIC R/W U N �����Q�I F UQ1 y m E 6 0<0 xx o w Z O m E W W W F-r W 02 N U O ,F-NZ -D W O 00,5 rU WU e n O O W w Q WO U N 1Y0 0K Q 09 O O w Z p r 0 wo F 0' F WWI 0.0 Z 4 <0 0 W0 2 W 0 00 01 1 0. 0_ C0 125.07 (125.00') (330.00') 330.14 1. Project Name: 3. Project Location: a. Address: b. Legal: 4. Property Owner: a. Name: b. Address: 5. Project Agent: a. Name: b. Address: 6. Project Description: Cheryl Dexter Jon Brunner, PSM b. Zoning: RS -10 c. Future Land Use: LDR OIra S EBASTIA N HOME OF PELICAN ISLAND ABANDONMENT OF EASEMENT Staff Report Swimming Pool for Dexter Residential Property 2. Requested Action: Abandonment of the southernmost ten (10) feet of the north twenty (20) foot public utility and drainage easement located on Lot 14, Block 289, Sebastian Highlands Unit 10, less the western most six (6) feet thereof 401 Caravan Terrace Lot 14, Block 289, Sebastian Highlands Unit 10 401 Caravan Terrace Sebastian, FL 32958 Brunner Associates, LLC 801 Carolin Street Melbourne, Florida 32901 a. Narrative of proposed action: Applicant wishes to abandon the southernmost ten (10) feet of the north twenty (20) foot public utility and drainage easement on Lot 14, Block 289, Sebastian Highlands Unit 10, in order to build a swimming pool in the back yard. Prepared by d. Existing Land Use: Single- family residence 7. Utilities Comments: a. Florida Power Light: Approved b. BellSouth/AT &T: Approved c. Comcast Cable: Approved d. Indian River County Utilities: Approved e. City Engineer (drainage): Approved 8. Zoning Technician Comments: The property owners were given a survey with errant information regarding the rear easement when they purchased the property, and now wish to construct a swimming pool. Therefore, the owner is requesting ten (10) feet of the rear easement to be abandoned. The 6 -foot side easement will remain the same (this is a corner lot). A 30 -foot drainage ROW abuts the rear easement also. 9. Staff Recommendation: Approve Resolution R -10 -08 Yiali° Date B. Site Information Name: Cr V 1 t__.(-- U Address: 40 t Coker G.V ot N r ex Name: /o1 g Lot: 14. Block: z caloct Unit: Subdivision: G ca,s an Qn. S Indian River County Parcel 3 VS?)2. 0o oo 12.69 o®ao 14-.0 Zoning Classification: Future Land Use: FAX Number: Existing Use: Proposed Use: E -Mail: Owner (If different from applicant) Name: Cr V 1 t__.(-- U v Name: /o1 g 3---a..--7 t-911- f i Address: Phone Number: FAX Number: E -Mail: Applicant (If not owner, written authorization (notarized) from owner is required) Name: Cr V 1 t__.(-- Address: F� t 1- o 1 Ccxrav co, �..rr- 5 c... e*-t C 6 i L L. Phone Number: (lit ise t t 4--62 FAX Number: E -Mail: j{Q Pal2-(Ar.,4-__ 5E+N City of Sebastian HOME OF PELICAN ISLAND Development Order Application Permit Application No. Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): �Urv� a■ c ('eV is b<sn f1.obc.S DATE RECEIVED:0 /10 I D FEE PAID: 2454 -00 PL RECEIVED BYR 5 D. Project Personnel: Agent: Name: Address Phone Number: FAX Number: E -Mail: Attorney: Name: Address Phone Number: FAX Number: E -Mail: Engineer: Name: Address Phone Number: FAX Number: E -Mail: Surveyor: Name: Jan rk) Address BO Phone Number: S FAX Number: '12.? a 32 i `12f3 l c 1.6)0 E-Mail: 0 r's 101 tf— k a.gLrl C,ofv"‘ AM THE LEGA EPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE AC TE AND E TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATU SWORN TO AND SUBSCRIBED BEFORE ME BY N1 eiti I WHO IS PERSONALLY KNOWN ME OR P O'U ED FL ED L AS IDENTIFICATION, THIS DAY OF i --.14111( NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER 9-in -ia DATE Permit Application No. PFLY PGe Linda M. Lohsl Commission DD555905 o Expires June 18, 2010 OF 0. Bedtled tiny F9IR Ib reuse Iris. 596•385.7019 The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, THE OWNERS) THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I /WE MAY HAVE, DUE TO THE QUASI JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR P OMISES MA: BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ATURE Sworn to and subscribed before m who is personally know me or as identification, this day Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: e by /O In Q D ATTE Permit Application No. p t�`Y PGB Linda M. Lohsl Commission DD555905 oa Expires June 18, 2010 -11. F Bonded Troy Fain Insurance, Inc. 800-385-7019 G1VOF HOME OF PELICAN ISLAND Supplemental Information Easements, vacation of Permit Application No. 1. Describe the easement to be vacated (provide a legal description, if possible): (13 so a, .1 „.-E- o -Lc. Nook 20 w e s4 2.4 `c'c.tk 4 t o 4 c t c A c Lok l4 t Z \oac. 28ct 5 c.\o an igA lco‘s t0 2. Why is this vacation of easement being requested? 4 ,t_, 4 C�c prci". t_ 444.t. so c.� (pm i c. cc c&5 cm crd 50-1j. S o 1 Gt__ ot, c .®U t8 tot, b 01/4.A. s w A-Lov-t- n ab b pe3ssto 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. Mar. 8, 2010 11:12AM No. 0402 P. 1 February 16, 2010 IIL1TY: Joseph O'$agan, FPL COMMENTS: MAR 0 8 MO a SER AS �Y 'nMl NOM Of PELICAN ISLAND 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -551a FAX (772) 388-8248 ktgOUEST FOR ABANDONMENT OF EASEMENT peserintion of Easement to be abandoned: The southernmost most ten (10) feet of the north twenty (20) foot public utility and drainage easement located on Lot 14, B1a& 289, Sebastian Highlands Unit 10, less the western most six (6) feet thereof. X eatigni Qf Easement: 401 Caravan Terrace, Sebastian, Florida FAX NO: (561) 6914190 APPROVED: X DENIED: DATE: MRS S 1 f AP?ROVED/DENIED BY: LE d 4 Joseph O'Hagan (signature) Return to: Dorzi Bosworth, City of Sebastian, Growth Management Department Fax No, (772) 388-8248 7724665651 February 16, 2010 Description of Easement to be abandoned: The southernmost most ten (10) feet of the north twenty (20) foot public utility and drainage easement Iocated on Lot 14, Block 289, Sebastian Highlands Unit 10, less the western most six (6) feet thereof. Location of Easement: 401 Caravan Terrace, Sebastian, Florida UTILITY: Bruce Sawyer, Bell South FAX NO: 772 466 -5651 APPROVED: 7 DENIED DATE:17 `i 24210 APPROVED/DENIED BY: 374.10/ 0 COMMENTS: C w000, Payee l5 EltSr,NG or O TC HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 REQUEST FOR ABANDONMENT OF EASEMENT (signature) 04:02:17 p.m. 03 -30 -2010 1 /2 Charles I Adams Area Manager C &E AT &T Florida Return to: Dom Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 388 -8248 02/24/2010 09:08 FAX COMCAST 02!15/2010 16 :52 7723988248 CITY OF SEBASTIAN SE$ASTIAN NOM OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5516 FAX (772) 388 -824 REQUEST FOR ABANDONMENT OF EASEMENT February 16, 2010 pe,mriPtio pf_Easementtp be_abandonetli: The southernmost most ten (10) feat of the north twenty (20) foot public utility and drainage easement located on Lot 14, Block 289, Sebastian Highlands Unit 10, less the western most six (6) feet thereof Joe8tiOn of Easement: 401 Caravan Terrace, Sebastian, Florida 7)• �s UTILITY: 1 CoraCast FAX NO: 778 -9635 APPROVED: DENIED: DR'I'B: •Z f/ APPROVED/DENIED BY (si COMMENTS: !a Return to: Dorn, Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 388 -8248 aa 001/001 PAGE 01/02 03/02/2010 10:33 FAX 02/16/2810 16:55 7723888248 CITY OF SEBASTIAN S LS E OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.8518 FAX (772) 388 -8248 REQUEST FORABA,NAONMENT OF EASEMENT, February 16, 2010 t3 crin tion of Easement to be Ribandoned: The southernmost most ten 1, feet of the north twenty (20) foot public utility and drainage easement located on lot '14, Block 289, Sebastian Highlands Unit 10, less the western, most six (6) feet thereof. Pot of Easement 401 Caravan Terrace, Sebastian, Florida UTILITY: Kevin N. Ostbus, LR.C. Utilities FAX NO: '70- -5143 APPROVED: DENIED: 4 2O /0 APPROVED/DENIED BY: (signature) COMMENTS: Return to: Dorri Bosworth, City of Sebastian, Growth Management Der trnent Fax No. (772) 388-8248 II001 ra&;t a t r U;c UL/lb/L010 lb: 0l "23b iti14b February 16, 2010 REQUEST FOR ABANDONMENT OF EASEMENT Description of Easement to be abandoned: The southernmost most ten (10) feet of the north twenty (20) foot public utility and drainage easement located on Lot 14, Block 289, Sebastian Highlands Unit 10, less the western most six (6) feet thereof. Location of. Easement: 401 Caravan Terrace, Sebastian., Florida UTILITY: Frank Wata abe, Consulting City Engineer FAX NO: 589 -6209 k ___n APPROVED: DENIED: COMMENTS: HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 O (signature) UI I Y UI 5LBA5 I iAN F Alat Ul h1 DA>1 3 /0 Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 388 -8248 Subject: Resolution R -10 -09 Chesser's Gap Subdivision A I rov 4 f' r Su.bmittal by: Final Plat for Phase III City Manager Agenda No. /®a Department Origin: Purchasing /Contracting: Finance Director: City Attorney: t 0 Growth Manage t kV l Ao �r City Clerk: Date Submitted: April 6, 2010 For Agenda of: April 14, 2010 1 it I n Exhibits: Resolution R- 10 -09, Phase III Final Plat, Application, City Surveyor's Approval, City Engineer's Approval, Clerk of Court Approval EXPENDITURE REQUIRED None AMOUNT BUDGETED: APPROPRIATION REQUIRED: rc of SE HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY Seawinds Real Estate, LLC, has filed an application for final plat approval for Phase III of the Chesser's Gap Subdivision, a commercial PUD located on Fleming Street, south of Sebastian Boulevard. Phase III consists of one developed lot containing 1.09 acres of land. Staff discovered previously, while processing and reviewing an application for a townhouse development proposed within the Chesser's Gap Subdivision, that final platting of past site developments had not taken place. In essence, several lots were sold and developed after the PUD had been approved. The townhouse property, the Charter School on Wave Street, master stormwater tracts, and three vacant parcels were final platted in August 2008 as Phase II. The Phase III plat addresses final platting requirements for the Seawinds property. The Planning and Zoning Commission's recent approval of a proposed site modification on the Seawinds property included a condition that the final plat for the property be approved by City Council before a Certificate of Completion can be issued. If Phase III is approved tonight, there will be two remaining properties still unplatted with the PUD, the Exxon gas station and the adjacent vacant parcel to the west of the gas station. Staff has verified that the final plat is in accordance with city codes and regulations. The City Attorney has reviewed the plat dedications. Additionally, all engineering, and surveying details have been satisfied in accordance with Florida Statutes, as reviewed by Mr. Stuart Houston, PLS and Mr. Frank Watanabe, PE, and both have signed the plat. RECOMMENDED ACTION Move to approve Resolution R- 10 -09, Final Plat for Chesser's Gap Subdivision Phase III. RESOLUTION NO. R -10 -09 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CHESSER'S GAP PHASE III; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, Seawinds Real Estate, LLC, owner, has filed an application for approval of a final plat for a subdivision known as Chesser's Gap Phase III; and WHEREAS, said final plat complies with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve the final plat for Chesser's Gap Subdivision Phase III as prepared by Matthew Crowley, PSM, bearing the surveyor's date of March 12, 2010. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into vote, the vote was as follows: Mayor Richard Gillmor Vice -Mayor Jim Hill Councilmember Andrea Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2010. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC Richard Gillmor, Mayor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert Ginsburg, City Attorney B. Site Information Address: ri- e It-/l t ►'i ce'" c E.t,AST -1 Aft F 5S Pei PPP c_& k'" Lot: Block: Unit: s ubdivision: Phone Number: Indian River County Parcel I 7 –15 ---Cac ti -1 60e, --enc619 i 1 Address: Zoning Classification: Future Land Use: E -Mail: W' N Ssillvvi ND 5r ti e--®i cojc&jF�sR Q mac__ C M Existing Use: Proposed Use: rvfro 1 r l -roR•f P-v1Q5 A1✓ tie /02 T-, Owner (If different from applicant) Name: A.- Pei PPP c_& k'" p ;TV--e j ti -t2 Ga -f-- Ft_ Phone Number: 1 Address: 7, c &2 I(Z E -Mail: W' N Ssillvvi ND 5r ti e--®i cojc&jF�sR Q mac__ C M Phone Number: FAX Number: E -Mail: Applicant (If not owner, written authorization (notarized) from owner is required) N Me- 3 %t,, N6°' 6� brae O P,4.. t fq 1Z Fp NUM_ 1V H a Address: tlg3 p ;TV--e j ti -t2 Ga -f-- Ft_ Phone Number: i FAX Number: `z c.0Z. 401 7, c &2 I(Z E -Mail: W' N Ssillvvi ND 5r ti e--®i cojc&jF�sR Q mac__ C M City of Sebastian Development Order Application Title of permit or action requested: Fi tJkL- `L-i PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): gMA% a 1'J O 5 6-1 kT? t 1 DATE RECEIVED: la 130 let FEE PAID: -co Permit Application No. C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): P iw_ 1 t f 1 A-11- AL_ ISM tr RECEIVED BY: "a'K. D. Project Personnel: Agent: Name 1 L I Vin&-c Cm LIM _.;.12.J.N6--7-11\ Address 6'i0 1 St- 511 i SIM re- 1°7 VERO C c a ,2 =-1 to Phone Number: FAX Number: 12 2 -1 6 1 51o5 T7 2. 4 7 el 51e 1 E -Mail: i OSfS 1 S1`'t. t A"r. /4P-1 Attorney: Name: C/A' Address Phone Number: FAX Number: E -Mail: Engineer: N net440 I, ty" 1( i s ini- II.c 1 0 t 1 I Address TO f SVr ib V5i0 .r Ft- 6 162 Phone Number: ,y 12.. FAX Number: E -Mail: Surveyor: Address 7 0. L-v b Fr P‘ r+f-�-E i t 5 I one Number: FAX Number: 11 2,_ 07 15 115 l i 2- '5t i- 53 g 5 E -Mail: 1 MFS X 1., 0 (rv:u9„(P. BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: y l AM THE OWNER 1 AM THE LEGAL RE RESENTATIVE OF THE OWNE •F THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL TH INFORMA •N, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE TE AND TRUE TO THS OF MY K I WLEDGE AND BELIEF. AC OQC.e.i>^ r Z 3 Z Uri C SIGNAT SWORN TO AND SUBSCRIBED B= ORE ME BY JGl iMNQS CJ• yucp J'• WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SE GO N5'6 R. MARSHALL VOYLES, JR. tnnrr MY COMMISSION DDS93666 o OF Ft- EXPIRES: Sept. 10,2010 (407) 398 -0153 Florida Notary Serv199,a0/fl DATE SP OJT, Id, 2-01 Ca Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. E, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE p.“--- BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I /WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNE SES MADE, BY A EM LOYEE, AGE CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. URE Sworn to and subscribe. •efore me by -fit MPS -1Ovg.S. J who is personal) known to me or produced as i enti'cation, this day of 20 Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: �~�rP R. MARSHALL VOYLES, JR. yl MY COMMISSION DD593666 0F I\P' EXPIRES: Sept. 10,2010 (407) 300 -015'; Florida Notary 0ervice.com Y ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR s1 'i t Vo.. r T- iOftC o12s- 42r 2 20C CI DATE Permit Application No. Supplemental Information Final Plat Approval Permit Application No. X 1. The following information is required on all final plats: X a. Name of subdivision. b. Title Block. c. Legal Description. IJrfr d. Index Sheet. e. The final plat shall comply with Chapter 177, Florida Statutes, and shall show all lengths of arcs together with central angles, radii, and points of curvature. f. Scale. g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. h. The point of beginning shall be boldly shown. X i. All intersecting street right -of -ways shall be joined by the long cord of minimum radius of twenty -five feet and all dimensions shown. x j. All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shall be so designated. 144 k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. I. Permanent reference markers shall be shown. m. In the upper right hand corner, provide a three -inch by five -inch space to be used by the Clerk of the Circuit Court for recording information. n. The plat shall be accurate within 0.01 foot and shall be tied accurately to all township, range, and section lines. o. On the cover sheet or first page show a vicinity sketch. p. Lots and blocks shall be numbered or lettered. q. The plat shall contain the name of each street shown. r. All right -of -way and easement widths and dimensions shall be shown on the plat. Permit Application No. 2. Attached the following: X a. Six copies of the final plat. (Two sets must be sealed.) 9"t Pc b. Three sealed sets of as -built plans. Jan King, Manager Growth Management Department City of Sebastian 1225 Main St. Sebastian, Fl., 32958 Dear Ms. King, HOUSTON, SCHULKE, BITTLE STODDARD, INC. 1717 INDIAN RIVER BLVD., SUITE 101 VERO BEACH, FL 32960 PHONE: 772- 794 -1213 FAX: 772- 794 -1096 EMAIL: LB6905(?a.BELLSOUTH.NET Re: Review of Chesser's Gap Subdivision Phase III February 26, 2010 I have received a copy of the boundary survey I requested from Mr. Crowley and a revised plat. The boundary survey is fine and the plat has been revised as I requested. I am prepared to sign and seal the plat. If you have any comments or questions, please feel free to call. Houston, Schulke, Bittle Stoddard, Inc. Stuart A. Houston, PLS It's President Ilk NEEL- SCHAFFER MEMORANDUM TO: FROM: DATE: February 1, 2010 If you have any questions, please call me at (772) 770 -4707. Neel- Schaffer, Inc. 1201 19 Place, Suite A -100 Vero Beach, FL 32960 (772) 770 -4707 fax: (772) 770 -4640 Dorri Bossworth, Zoning Technician, City of Sebastian Frank Watanabe, Neel- Schaffer Consultant Engineer SUBJECT: Review of the Chesser's Gap Phase 11I Subdivision Plat Neel- Schaffer, Inc. has reviewed the Final Plat Submittal for the proposed Chesser's Gap Phase III Subdivision and we are ok with the Final Plat. No engineering comments. However, we do have a comment on the title of the plat which is written in "red ink" as Chesser's Gap Phase III Subdivision. If this is so, then the wording in the sheet need be changed from Phase II to Phase III as marked on the plat. CWEE FEB 0 2 2010 P 7 Growth nL engineers planners ecologists landscape architects surveyors 1 Memorandum To: Board cif County Commissioners Indian River County From: Jeffrey K. Barton, Clerk of the Court Re: Plat Approval Date: March 8, 2010 Owner or Agent Seawinds Real Estate LLC Plat Name! Chesser's Gap Subdivision Phase 11I Number of pages: 1 The above -named plat has been examined and appears to meet the state requirements for permanency in Florida Statutes 177.091(1) and the County Ordinance regarding minimum letter size. The following items need to be reviewed for conformity with other provisions in F.S. 177 and the County Ordinance: 1. OK 2. 3. 4. 5. 6. 7. J. K. Barton, Clerk Circuit Court Deputy Clerk, Records Division Subject: Club Car Lease Purchase Agreement A proved or Submittal by: Agenda No. r(. O(o 5 Departmen Ori•'n Finance: City Attorney: ,�/f 1 City Clerk: Date Submitted: APR 10 f .ifi 'n City Manager Exhibits: Club Car Lease Agreement EXPENDITURE REQUIRED: $68,975 AMOUNT BUDGETED: $71,820 APPROPRIATION REQUIRED: ($2,845) SEB TIAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Since it's inception in 1981, the Sebastian Municipal Golf Course (SMGC) has utilized Club Car golf carts. In May 2007, a new three year lease was approved and that lease is now set to expire in May 2010. Because SMGC has a history of lease /purchase agreements with Club Car, to a certain degree, other alternatives such as out -right ownership, or leases with other companies are not financially advantageous. However, the Club Car lease /purchase agreements continue to be market competitive and provide the SMGC with a reasonably priced cart- change out program. Therefore, in making a recommendation to execute a new lease with Club Car, this transmittal will (1) highlight the terms of the proposed FY 2010 FY 2013 Club Car Lease /Purchase Agreement; (2) show why continual lease /purchase arrangements are financially advantageous; and, (3) depict that the pricing received from Club Car continues to be favorable when compared to other municipal golf course operations and other industry competition. PROPOSED FY 10 FY 13 LEASE /PURCHASE AGREEMENT Club Car representatives have provided a new lease /purchase agreement to the SMGC. The terms of the agreement are: Trading in the Existing Fleet of 86 Carts; Issuing 86 New 2010 "DS- Player" Carts; Terminating the Scheduled Balloon Payment of $90,179; and, Providing One New Club Car Turf Vehicle. The terms of the agreement are a monthly payment of $5,273.79 for 39 months at an interest rate of 4.560 The new lease will expire in October 1, 2013 with a balloon payment of $103,200. Staff worked to reduce the initial unit price of $3,541 per cart to the proposed $3,250 per cart. While the unit price is $50 per cart more than the 2007 Lease Agreement, negotiations reduced the initial renewal amount 8.5% by (1) examining different terms (36, 39 and 48 months); (2) increasing trade -in value ($1,731 vs. $1,527); and, (3) increasing the final balloon payment; therefore yielding a lower payment for the SMGC. In the final analysis, SMGC staff believes that the 39 month lease is most advantageous. This structure allows the carts to be used for 3 golfing seasons, with one additional summer season, prior to cart change -out in October; which is the start of the winter playing season. In comparing the old Club Car lease to the new Club Car lease, below are summarized terms: ITEM Cart Type Unit Price Per Cart Total Carts Total Amount Borrowed Term Interest Rate Monthly Payment Annual Payment Final Balloon Payment 2007 LEASE Club Car DS Player $3,200 86 $275,200 36 Months 5.580% $5,985 $71,820 $90,179 LEASE /PURCHASE AGREEMENT BEST FINANCIAL OPTION 2010 LEASE Club Car DS Player $3,250 86 $279,500 39 Months 4.560% $5,274 $63,285 $103,200 After a review of other alternatives such as buying carts outright, the lease /purchase agreement continues to be the best solution for managing and changing -out the SMGC cart fleet. The reasons that support this policy are as follows: 1. OUT -RIGHT OWNERSHIP BAD FOR SMGC CASH FLOW. To end the current Club Car lease, the SMGC would be required to pay the final balloon payment of $90,179. Making this payment would require a total cart expenditure of $138,057 for FY 10; $71,820 is available. This action would require an additional $66,237 of cash and future maintenance costs have not been considered. 2. MAINTENANCE COSTS. An aged cart fleet is unpredictable and hard to manage; thereby, leading to cart cannibalization and unreliable equipment. Generally after 3-4 years of heavy use (515 rounds per cart, per year), carts begin to show signs of wear. The primary replacement issue is battery change -out. This cost can average $800 per cart (86), for a total fleet cost of $68,800. What is hard to estimate in this scenario are other maintenance costs for items such as fender, tire, and solenoid replacements. Below is a chart estimating costs for managing the current fleet through FY 13 and purchasing a new fleet in FY 14. With the assumptions taken, the costs to maintain the existing fleet is slightly higher: Purchase Option COST OF KEEPING EXISTING FLEET FOR 36 MOS Purchase 138,057 0 Battery Replacements 0 34,400 Misc Maintenance 0 20,000 TOTAL $138,057 $54,400 Lease Total Through FY 14 $325,280 Purchase Total Through FY 14 $333,307 DIFFERENCE ($8,027) 0 34,400 20,000 $54,400 0 20,000 $20,000 LEASE v. PURCHASE FY 10 FY 11 FY 12 FY 13 FY 14 TOTAL Lease Costs 68,975 63,285 63,285 63,285 66,450 $325,280 66,450 0 0 $66,450 $333,307 In projecting expenses associated with the issues outlined above, the lease /purchase option greatly reduces the need to outlay large sums of cash. Further, the change -out reduces maintenance requirements and problems of not having a "ready" fleet. Essentially, the SMGC is locked into Club Car because of the terms associated with lease /purchasing. This is typical for the golf industry. Provided, the leasing company stays competitive in their unit cart cost, it becomes financially unpractical to bid or change companies. The positive side to change out is low maintenance costs, better cash flow, and always having a relatively new product for the customer. If the SMGC were to consider changing this lease /purchase pattern, or seek a new provider, the balloon costs would have to be absorbed to avoid a Toss. Below is a chart which shows that if the City went out to "bid" the unit cost per cart must be below $1,975 for positive long term cash flow. The next chart shows, that finding a deal with unit cart costs this low is unrealistic. LEASE v. PURCHASE FY 18 FY 11 FY 12 FY 13 FY 14 TOTAL Lease Costs 68,975 63,285 63,285 63,285 66,450 $325,280 Purchase Option Purchase 138,057 46,709 46,709 46,709 Battery Replacements 0 0 0 0 Misc Maintenance 0 0 0 0 $138,057 $46,709 $46,709 $46,709 TOTAL Lease Total Through FY 14 $325,280 Purchase Total Through FY 14 $324,893 DIFFERENCE $387 Below are the results of the survey that examined the cost of other course and major companies such as EZ -Go and Yamaha. These terms are all relatively new. COURSE Jacksonville Beach Brevard County St. Lucie Sebastian Fort Pierce Pointe West OTHER MUNICIPAL COURSES CART EXPENSES MARKET COST ANALYSIS TERMS TO DO BETTER THAN CLUB CAR OFFER CART TYPE EZ -Go EZ -Go Club Car Club Car Yamaha Yamaha CARTS IN FLEET 70 212 80 86 75 58 RECOMMENDATION LEASE START OCT 2009 APR 2010 OCT 2009 MAY 2010 MAY 2009 Did Not Review Lease (Verbal w! Pro) 46,709 0 0 $46,709 $324,893 UNIT COST $3,571 $3,425 $3,272 $3,250 $2,702 $3,632 Staff recommends that City Council waive the bid process and approve the execution of the Club Car lease in the amount of $279,500, in terms of $5,274 per month at an annual interest rate of 4.56 NAME AND ADDRESS OF LESSOR De Lage Landen Public Finance LLC 1111 Old Eagle School Road Wayne, PA 19087 Quantity 86 Location of Equipment: SEBASTIAN MUNICIPAL 101 EAST AIRPORT RD. 32958 Rental Payment Periods shall be monthly] [quarterly][senuannual][amnual). Rental Payments shall be made in accordance with Section 4.01 and the Schedule of Rental Payments attached hereto as Exhibit A. DE LAGE LANDEN PUBLIC FINANCE LLC (LESSOR) (LESSEE) By Title: (SEAL) Lease Number. ATTEST I, the undersigned, do hereby certify that the officer of Lessee who executed the foregoing Agreement on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath his or her signature and has been authorized to execute the foregoing Agreement on behalf of Lessee. Dated: OPINION OF COUNSEL As legal counsel of Lessee, I have examined (a) the Agreement, which, among other things provides for the sale to and purchase by the Lessee of the Equipment, (b) an executed counterpart of the ordinance or resolution of Lessee which, among other things, authorizes Lessee to execute the Agreement and (c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. Based on the foregoing, I am of the following opinions: (I) Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power, (2) Lessee has the requisite power and authority to purchase the Equipment and to execute and deliver the Agreement and to perform its obligations under the Agreement (3) the Agreement and the other documents either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of Lessee, and the Agreement is a valid and binding obligation of Lessee enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditor's rights generally; (4) the authorization, approval and execution of the Agreement and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state and federal laws; and (5) there is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that if adversely determined, would adversely affect the transactions contemplated by the Agreement or the security interest of Lessor or its assigns, as the case may be, in the Equipment. All capitalized terns herein shall have the same meanings as in the Agreement. Lessor, its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest components of Rental Payments are entitled to rely on this opinion. Printed Name: ROBERT (;TNSRTUJW Address: 1 2 2 5 MAIN STREET Telephone No. (7 7 2) 3 8$ 8201 DESCRIPTION OF EQUIPMENT Description Model NEW 2010 CLUB CAR DS— PLAYER 48 VOLT ELECTRIC GOLF CARS EQUIPPED AS STATED IN PROPOSAL 1 NEW CLUB CAR TURF 1 TERMS AND CONDITIONS THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH ON PAGES TWO THROUGH FIVE, INCLUDING ANY EXHIBITS ATTACHED HERETO, SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of tha date written above. EQUIPMENT LEASE PURCHASE AGREEMENT DATED: Name and Address of Vendor: GOLF COURSE CLUB CAR, INC FLORIDA SEBASTIAN FL 3375 ALL AMERICAN BLVD ORLANDO FL 32810 RENTAL PAYMENTS CERTIFICATE OF CLERK OR SECRETARY OF LESSEE -2- Title: FINANCE DIRECTOR NAME AND ADDRESS OF LESSEE CITY OF SF,RASTTAN, FL Serial By ('.TTY MANA(z1R By Title: Da Signature: CITY CLERK Rental Payment Rental Payment Interest Principal Purchase Number Amount Portion Portion Price EXHIBIT A TO EQUIPMENT LEASE PURCHASE AGREEMENT PAYMENT SCHEDULE PER ATTACHED SCHEDULE Sebastian 4 -5 -2010 Arrears Compound Period Monthly Nominal Annual Rate 4.560 CASH FLOW DATA Event Date 1 Loan 2 Payment 3 Payment Loan 1 2 3 4 5 6 2010 Totals 7 01/01/2011 8 02/01/2011 9 03/01/2011 10 04/01/2011 11 05/01/2011 12 06/01/2011 13 07/01/2011 14 08/01/2011 15 09/01/2011 16 10/01/2011 17 11/01/2011 18 12/01/2011 2011 Totals 19 20 21 22 23 24 25 26 27 28 29 30 Date 06/01/2010 07/01/2010 08/01/2010 09/01/2010 10/01/2010 11/01/2010 12/01/2010 01/01/2012 02/01/2012 03/01/2012 04/01/2012 05/01/2012 06/01/2012 07/01/2012 08/01/2012 09/01/2012 10/01/2012 11/01/2012 12/01/2012 06/01/2010 07/01/2010 10/01/2013 AMORTIZATION SCHEDULE Normal Amortization 04/05/2010 3:47:24 PM Page 1 Amount Number Period End Date 279, 500.00 5,273.79 103,200.00 1 39 Monthly 09/01/2013 1 Payment Interest Principal Balance 279, 500.00 5,273.79 1,062.10 4,211.69 275,288.31 5,273.79 1,046.10 4,227.69 271, 060.62 5,273.79 1,030.03 4,243.76 266,816.86 5,273.79 1,013.90 4,259.89 262,556.97 5,273.79 997.72 4,276.07 258,280.90 5,273.79 981.47 4,292.32 253,988.58 31, 642.74 6,131.32 25, 511.42 5,273.79 965.16 4,308.63 249, 679.95 5,273.79 948.78 4,325.01 245, 354.94 5,273.79 932.35 4,341.44 241, 013.50 5,273.79 915.85 4,357.94 236,655.56 5,273.79 899.29 4,374.50 232,281.06 5,273.79 882.67 4,391.12 227,889.94 5,273.79 865.98 4,407.81 223,482.13 5,273.79 849.23 4,424.56 219,057.57 5,273.79 832.42 4,441.37 214,616.20 5,273.79 815.54 4,458.25 210,157.95 5,273.79 798.60 4,475.19 205,682.76 5,273.79 781.59 4,492.20 201,190.56 63,285.48 10,487.46 52,798.02 5,273.79 764.52 4,509.27 196,681.29 5,273.79 747.39 4,526.40 192,154.89 5,273.79 730.19 4,543.60 187,611.29 5,273.79 712.92 4,560.87 183,050.42 5,273.79 695.59 4,578.20 178,472.22 5,273.79 678.19 4,595.60 173,876.62 5,273.79 660.73 4,613.06 169,263.56 5,273.79 643.20 4,630.59 164,632.97 5,273.79 625.61 4,648.18 159,984.79 5,273.79 607.94 4,665.85 155,318.94 5,273.79 590.21 4,683.58 150,635.36 5,273.79 572.41 4,701.38 145, 933.98 Sebastian 4 -5 -2010 Arrears Date 2012 Totals 31 01/01/2013 32 02/01/2013 33 03/01/2013 34 04/01/2013 35 05/01/2013 36 06/01/2013 37 07/01/2013 38 08/01/2013 39 09/01/2013 40 10/01/2013 2013 Totals Grand Totals Payment Interest Principal 63,285.48 8,028.90 55,256.58 5,273.79 554.55 4,719.24 5,273.79 536.62 4,737.17 5,273.79 518.61 4,755.18 5,273.79 500.55 4,773.24 5,273.79 482.41 4,791.38 5,273.79 464.20 4,809.59 5,273.79 445.92 4,827.87 5,273.79 427.58 4,846.21 5,273.79 409.16 4,864.63 103,200.00 390.53 102,809.47 150, 664.11 4,730.13 145, 933.98 308, 877.81 29, 377.81 279, 500.00 04/05/2010 3:47:24 PM Page 2 Balance 141,214.74 136,477.57 131, 722.39 126, 949.15 122,157.77 1 17,348.18 112, 520.31 107,674.10 102,809.47 0.00 1. The covenants and designations hereinafter set forth are intended to be, and hereby are, incorporated into the Equipment Lease Purchase Agreement, dated 20 "Agreement between De Lage Landen Public Finance LLC "Lessor and TTY OF SFRASTT essee and except as otherwise defined herein, all terms defined in the Agreement shall have the same meaning herein as in the Agreement. The Commencement Date of the Agreement is or will be in the calendar year 201(0the "Issuance Year 2. Bank Qualification. [Lessee initial here if this provision is applicable: J [Lessee initial here if this provision is NOT applicable: _J (a) Lessee hereby designates the Agreement as a "qualified tax exempt obligation" as defined in Section 265(b)(3)(B) of the Code. The aggregate face amount of all tax- exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds) issued or to be issued by Lessee and all subordinate entities thereof during the Issuance Year is not reasonably expected to exceed $10,000,000. (b) Lessee hereby covenants that Lessee and all subordinate entities thereof will not issue in excess of $10,000,000 of qualified tax- exempt obligations (including the Agreement but excluding private activity bonds other than qualified 501(c)(3) bonds) during the Issuance Year without first obtaining an opinion of nationally recognized counsel in the area of tax- exempt municipal obligations acceptable to Lessor that the designation of the Agreement as a "qualified tax exempt obligation" will not be adversely affected. 3. Small Issue Arbitrage Rebate Exception. [Lessee initial here if this provision is applicable: J [Lessee initial here if this provision is NOT applicable: J (a) Lessee represents and warrants that it is a governmental unit under the laws of the State with general taxing powers; the Agreement is not a private activity bond as defined in Section 141 of the Code; 95% or more of the net proceeds of the Agreement will be used for local governmental activities of Lessee; and the aggregate face amount of all tax- exempt obligations (other than private activity bonds) issued by the Lessee and all subordinate entities thereof during the Issuance Year is not reasonably expected to exceed $5,000,000_ (b) Lessee hereby covenants that Lessee and all subordinate entities thereof will not issue in excess of $5,000,000 of tax exempt bonds (including the Agreement but excluding private activity bonds) during the Issuance Year without first obtaining an opinion of nationally recognized counsel in the area of tax- exempt municipal obligations acceptable to Lessor that the excludability of the interest on the Agreement from gross income for federal tax purposes will not be adversely affected. Dated: [SEAL] ATTEST: Title: FINANCE DIPECTOR TAX DESIGNATIONS AND COVENANTS CTTY OF SF.BASTTAN, FL LESSEE By: Title: CITY MANAGER CERTIFICATE OF CLERK OR SECRETARY OF LESSEE I, the undersigned, do hereby certify that (i) the foregoing Tax Designations and Covenants were adopted and approved by action of the governing body of Lessee at a meeting duly called, regularly convened and attended throughout by the requisite majority of the members thereof, (ii) the officer of Lessee who executed the foregoing Tax Designation and Covenants on behalf of Lessee and whose genuine signature appears thereon is the duly qualified and acting officer of Lessee as stated beneath his or her signature, and (iii) said officer has been authorized to execute the foregoing Tax Designations and Covenants on behalf of Lessee. Dated: Title: CITY CLERK De Lage Landen Public Finance LLC 1111 Old Eagle School Road Wayne, PA 19087 Ladies and Gentlemen: In accordance with the Equipment Lease Purchase Agreement (the "Agreement the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows: (1) All of the Equipment (as such term is defined in the Agreement) has been delivered, installed and accepted on the date hereof. (2) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. (3) Agreement. (4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof. [SEAL] Rev 04/2006 Date: ACCEPTANCE CERTIFICATE Re: Equipment Lease Purchase Agreement dated as of between De Lage Landen Public Finance LLC as Lessor, and C TTY O1 SFRAS TRiNssee. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the CITY OF SEBASTIAN LESSEE By Title: CITY MANAGER Form 8038 —G (Rev. November 2000) Department of the Treasury Internet Revenue Service 1 Issuer's Name 7 Name of Issue 21 (a) Final Maturity date Information Return for Tax- Exempt Governmental Obligations D Under Internal Revenue Code Section 149(e) D See separate Instructions. Caution: If the Issue price is under $100,000, Use Form 8038 -GC Reporting Authority CITY OF SEBASTIAN, FL 3 Number and street (or P.O. box if mail is not delivered to street address) 1225 MAIN STREET 5 City, town, or post office, state and ZIP code SEBASTIAN, FL 32958 EQUIPMENT LEASE PURCHASE AGREEMENT 9 Name and title of officer or legal representative whom the IRS may call for more information KENNETH W. KILLGORE, FINANCE DIRECTOR 2 Issuer's employer identification number 59- 6000427 Room /Suite 11 0 Education 12 0 Health and hospital 13 0 Transportation 14 0 Public safety 15 0 Environment (including sewage bonds) 16 0 Housing 17 0 Utilities 18 Other. Describe G.O.LF CARS 19 If obligations are TANs or RANs, check box 0 0 If obligations are BANs, check box 0 20 if obligations are in the form of a lease or installment sale, check box 10 Telephone number of officer or legal representative (772) 388 -8205 Type of Issue (check applicable box(es) and enter the issue price) See Instructions and attach schedule 11 12 13 14 15 16 17 18 Description of Obligations (Complete for the entire issue for which this form is being filed) 1 1 1 Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest 23. issue price of entire issue (enter amount from line 21, column (b)) 24 Proceeds used for bond issuance costs (including underwriters' discount) 25 Proceeds used for credit enhancement 26 Proceeds allocated to reasonably required reserve or replacement fund 27 Proceeds used to currently refund prior issues 28 Proceeds used to advance refund prior issues 29 Total (add lines 24 through 28) 30 Nonrefunding proceeds of the Issue (subtract line 29 from line 23 and enter amount here) 30 Description of Refunded Bonds (Complete this part only for refunding bonds) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded N/a years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded N/a years 33 Enter the last date on which the refunded bonds will be called N/a 34 Enter the date(s) the refunded bonds were issued Miscellaneous (b) Issue price (c) Stated redemption price at maturity 24 25 26 27 28 If Amended Return, check here >0 (d) Weighted average maturity N/a N/a N/a N/a N/a 4 Report number 3 8 Date of issue 22 23 29 OMB No. 1545-0720 (e) Yield 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 N/a 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a N/a b Enter the final maturity date of the guaranteed investment contract ➢s "r N/a 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a N/a b If this issue is a loan made from the proceeds of another tax exempt issue, check box 0 and enter the name of the Issuer and the date of the issue 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(I10 (small issuer exception), check box 0 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box 0 40 If the issuer has Identified a hedge, check box 0 Under penalties of perjury, I declare that 1 have examined this retum and accompanying schedules and statements, and to the best of my knowledge and belief, they Sign are true, correct, and complete. Here AL MINNER, CITY MANAGER l Signature of issuer's authorized representative Date For Paperwork Reduction Act Notice, see page 2 of the Instructions. Cat. No. 637735 Type or print name and title N/a N/a N/a N/a Form 8038 (Rev. 11 -00) EB STIAN MUNICIPAL L 'LE COU SEBASTIAN, FL APRIL 5, 2010 SEBASTIAN MUNICIPAL GOLF COURSE (REv 1) PROPOSED EQUIPMENT LEASE /PURCHASE QUOTATION CURRENT FLEET RETURN CONDITIONS SPECIAL CONSIDERATIONS WARRANTIES TABLE OF CONTENTS MARCH 12, 2010 SEBASTIAN MUNICIPAL GOLF COURSE (REV 1) STANDARD EQUIPMENT CANOPY TOP SCUFF GUARDS SWEATER BASKET BAGWELL PROTECTOR PREMIUM TREAD TIRES 6 -8 VOLT BATTERY/ 48 VOLT SYSTEM FORWARD SPEED SE I I ING 13.4 MPH EXPANDABLE DRINK CLIP HOLDERS ARMOR-FLEX BODY PANELS FULLY AUTOMATIC BATTERY CHARGERS FREIGHT INSTALLATION PROPOSED EQUIPMENT DS- PLAYER EDITION EIGHTY-SIX (86) NEW 2010 CLUB CAR® DS- PLAYER 48 VOLT ELECTRIC MODEL GOLF CARS INCLUDING THE FOLLOWING STANDARD AND OPTIONAL EQUIPMENT: COLOR: BEIGE, WHITE OR GREEN CUSTOM CLUB LOGO RAKE HOLDER CUSTOM NUMBER DECALS, 1-86 (2, EA.) SAND BUCKETS 2 PER CAR CUSTOM WHEEL COVERS APPROXIMATE DELIVERY DATE: MAY 2010 CURRENT FLEET MARCH 12, 2010 INCLUDED OPTIONAL EQUIPMENT EIGHTY-SIX (86) 2007 CLUB CAR ELECTRIC 48 VOLT DS SEBASTIAN MUNICIPAL. GOLF COURSE (REv 1) WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION: PRICING IS BASED ON THE VILLAGE OF CITY OF TUCSON BID /CONTRACT #084070 AWARDED TO CLUB CAR FOR THE GOLF CAR BID. NEW 2010 CLUB CAR® DS- PLAYER 48 VOLT ELECTRIC GOLF CARS EQUIPPED AS STATED ON THE PROPOSED EQUIPMENT PAGE. CITY OF TUCSON NEGOTIATED PRICE BALLOON PAYMENT DUE 5-1 -201 0 SUB TOTAL LESS TRADE IN VALUE NET SELLING PRICE ADDITIONAL VEHICLE: NEW CLUB CAR TURF 1 39 MONTH IRFS MUNICIPAL LEASE /PURCHASE RATE, $8,026.00 $3,932.74 $1,048.59 $4,981.33 -(1,731.33) $3,250.00 No CHARGE $61.32 86 1 LEASE 1 PURCHASE QUOTATION DS- PLAYER EDITION ADDITIONAL GOLF /UTILITY VEHICLE UPON AGREEMENT OF NEW LEASE BASED OFF THE PIGGYBACK FROM CITY OF TUCSON, CLUB CAR WILL TERMINATE THE EXISTING IRFS /CITICAPITAL LEASE IN THE AMOUNT OF $90, 179.64" DUE BY THE CITY OF SEBASTIAN ON 5/1/2010. SHOULD THE CITY OF SEBASTIAN DECIDE AGAINST THE NEW PIGGY-BACK LEASE, THE TOWN WILL THEN BE OBLIGATED TO TAKE THE LEASE TO ITS TERM AND MAKE THE ABOVE PAYMENT AS AGREED TO IN THE CURRENT CONTRACT. PRICES QUOTED ARE THOSE IN EFFECT AT THE TIME OF QUOTATION AND ARE GUARANTEED SUBJECT TO ACCEPTANCE WITHIN THIRTY DAYS. APPLICABLE STATE OR LOCAL TAXES AND FEES NOT INCLUDED. CLUB CAR, INC. MUST APPROVE ALL CREDIT TERMS PRIOR TO DELIVERY. CUSTOMER TO SUBMTF REQUIRED CREDIT INFORMATION FOR CREDIT APPROVAL. DELIVERY LEAD -TIME OF EIGHT TO TWELVE WEEKS NORMALLY REQUIRED. ALL PRICES CONTINGENT ON CONFIRMING FINAL PAYOFF. MARCH 1 2, 2010 $690,236.00 $338,215.64 $90,17874 $428,394.38 $(148,894.38) $279,500.00 $5,273.52 Sebastian 4 -5 -2010 Arrears Compound Period Monthly Nominal Annual Rate 4.560 CASH FLOW DATA Event Date 1 Loan 2 Payment 3 Payment 06/01/2010 07/01/2010 10/01/2013 AMORTIZATION SCHEDULE Normal Amortization 04/05/2010 3:47:24 PM Page 1 Amount Number Period End Date 279, 500.00 5,273.79 103, 200.00 1 39 Monthly 09/01/2013 1 Date Payment Interest Principal Balance Loan 06/01/2010 279,500.00 1 07/01/2010 5,273.79 1,062.10 4,211.69 275,288.31 2 08/01 /2010 5,273.79 1,046.10 4,227.69 271,060.62 3 09/01/2010 5,273.79 1,030.03 4,243.76 266,816.86 4 10/01/2010 5,273.79 1,013.90 4,259.89 262,556.97 5 11/01/2010 5,273.79 997.72 4,276.07 258,280.90 6 12/01/2010 5,273.79 981.47 4,292.32 253,988.58 2010 Totals 31,642.74 6,131.32 25,511.42 7 01/01/2011 5,273.79 965.16 4,308.63 249,679.95 8 02/01/2011 5,273.79 948.78 4,325.01 245,354.94 9 03/01/2011 5,273.79 932.35 4,341.44 241,013.50 10 04/01/2011 5,273.79 915.85 4,357.94 236,655.56 11 05/01/2011 5,273.79 899.29 4,374.50 232,281.06 12 06/01/2011 5,273.79 882.67 4,391.12 227,889.94 13 07/01/2011 5,273.79 865.98 4,407.81 223,482.13 14 08/01/2011 5,273.79 849.23 4,424.56 219, 057.57 15 09/01/2011 5,273.79 832.42 4,441.37 214,616.20 16 10/01/2011 5,273.79 815.54 4,458.25 210,157.95 17 11/01/2011 5,273.79 798.60 4,475.19 205,682.76 18 12/01/2011 5,273.79 781.59 4,492.20 201,190.56 2011 Totals 63,285.48 10,487.46 52,798.02 19 01/01/2012 5,273.79 764.52 4,509.27 196,681.29 20 02/01/2012 5,273/9 747.39 4,526.40 192,154.89 21 03/01/2012 5,273.79 730.19 4,543.60 187,611.29 22 04/01/2012 5,273.79 712.92 4,560.87 183,050.42 23 05/01/2012 5,273.79 695.59 4,578.20 178,472.22 24 06/01/2012 5,273.79 678.19 4,595.60 173, 876.62 25 07/01/2012 5,273.79 660.73 4,613.06 169,263.56 26 08/01/2012 5,273.79 643.20 4,630.59 164,632.97 27 09/01/2012 5,273.79 625.61 4,648.18 159,984.79 28 10/01/2012 5,273.79 607.94 4,665.85 155, 318.94 29 11/01/2012 5,273.79 590.21 4,683.58 150,635.36 30 12/01/2012 5,273.79 572.41 4,701.38 145, 933.98 Sebastian 4 -5 -2010 Arrears Date 2012 Totals 31 01/01/2013 32 02/01/2013 33 03/01/2013 34 04/01/2013 35 05/01/2013 36 06/01/2013 37 07/01/2013 38 08/01/2013 39 09/01/2013 40 10/01/2013 2013 Totals Payment Interest 63,285.48 8,028.90 5,273.79 554.55 5,273.79 536.62 5,273.79 518.61 5,273.79 500.55 5,273.79 482.41 5,273.79 464.20 5,273.79 445.92 5,273.79 427.58 5,273.79 409.16 103,200.00 390.53 150,664.11 4,730.13 Grand Totals 308,877.81 29,377.81 279,500.00 04/05/2010 3:47:24 PM Page 2 Principal 55,256.58 4,719.24 4,737.17 4,755.18 4,773.24 4,791.38 4,809.59 4,827.87 4,846.21 4,864.63 102,809.47 145, 933.98 Balance 141,214.74 136,477.57 131, 722.39 126,949.15 122,157.77 117,348.18 112, 520.31 107, 674.10 102, 809.47 0.00 SEBASTIAN MUNICIPAL GOLF COURSE (REv 1) MARCH 12, 2010 CURRENT FLEET RETURN CONDITIONS EIGHT-SIX (86) CLUB CAR 2007 DSE 48 VOLT ELECTRIC SEBASTIAN MUNICIPAL GC AGREES TO ACCEPT SOLE RESPONSIBILITY FOR THE COST OF: A. REPAIRS TO VEHICLES DAMAGED DUE TO BEING USED FOR PURPOSES OTHER THAN THEIR INTENDED USE, OR DUE TO MISUSE, ABUSE, OR VANDALISM. B. REPLACEMENT EQUIPMENT FOR VEHICLES WITH MISSING, DAMAGED, OR IMPROPERLY-OPERATING EQUIPMENT. C. REPAIRS TO IMPROPERLY- OPERATING VEHICLES. D. REDUCED VALUE OF VEHICLES THAT HAVE EXCESSIVE WEAR AND TEAR. THE RETURNED VEHICLES MUST MEET THE FOLLOWING CONDITIONS: E. ALL VEHICLES MUST BE FREE OF LIENS AND ENCUMBRANCES. F. ALL GOLF CARS MUST BE IN FLEET RUNNING CONDITION AND CAPABLE OF RUNNING FOR AT LEAST NINE (9) HOLES OF' GOLF. ALL OTHER VEHICLES MUST OPERATE PROPERLY. G. ALL VEHICLES MUST BE THE SAME QUANTITY AND MODEL-YEAR AS ORIGINALLY EVALUATED. H. ALL. VEHICLES MUST BE CLEAN AND FREE OF TRASH, SCORECARDS, PENCILS, TEES, ETC. L ALL ELECTRIC VEHICLES MUST HAVE A WORKING CHARGER. J. ALL VEHICLES MUST HAVE SERVICEABLE TIRES THAT RETAIN PROPER AIR PRESSURE. K. ALL BATTERIES MUST BE FREE OF CORROSION AND PROPERLY FILLED WITH WATER. IF ANY OF THE ABOVE CONDITIONS ARE NOT MET BY SEBASTIAN MUNICIPAL GOLF CLUB, CLUB CAR RESERVES THE RIGHT TO WITHHOLD ANY AND ALL SPECIAL CONSIDERATIONS STATED IN THIS AGREEMENT. SEBASTIAN MUNICIPAL GOLF COURSE (REV 1) MARCH 12, 2010 SPECIAL CONSIDERATIONS THE FOLLOWING SPECIAL CONSIDERATIONS APPLY TO SEBASTIAN MUNICIPAL GOLF COURSE: ITIONAL VEHICLE: CLUB CAR® INCLUDFS THE USE OF THE FOLLOWING VEHICLE WITH THE SALE OR LEASE OF EIGHT-SIX (86) 201 0 CLUB CAR DS -IQ PLAYER ELECTRIC GOLF CARS, AT No CHARGE. ONE (1) NEW CLUB CAR TURF 1 GAS POWERED UTILITY VEHICLE WITH ALL STANDARD EQUIPMENT.ONE (1) NEW CLUB CAR DS-GAS POWERED GOLF CAR EQUIPPED FOR ON- COURSE RANGER. THE CLUB MAY ALSO KEEP THE CURRENT VEHICLES ON SITE AT NO ADDITIONAL CHARGE AND SEBASTIAN MUNICIPAL GC WILL ASSUME OWNERSHIP OF THE VEHICLE UPON AGREEMENT AND DEUVERY OF THE NEW 2007 CLUB CAR FLEET. THIS NEW VEHICLES HAS A MANUFACTURER'S SUGGESTED LIST PRICE OF MORE THAN $6,500.00. IT REMAIN THE PROPERTY OF CLUB CAR AND WILL BE PICKED UP BY CLUB CAR AT THE TERMINATION OF THE STIPULATED LEASE OR NEXT TIME THE CLUB PURCHASES A FLEET OF GOLF CARS. FACTORY AUTHORIZED REPLACEMENT PARTS, SERVICE, AND WARRANTY WORK ARE HANDLED THROUGH PROFESSIONAL GOLF CAR. CLUB CAR'S FACTORY AUTHORIZED DEALER IN YOUR AREA.. IT IS CLUB CAR'S OBJECTIVE THAT SEBASTIAN MUNICIPAL GOLF COURSE WILL RECEIVE PROFESSIONAL, TIMELY, AND SYSTEMATIC SERVICE. CLUB CAR OFFERS TECHNICAL TRAINING SEMINARS FOR SEBASTIAN MUNICIPAL GOLF CLUB'S EMPLOYEES INVOLVED WITH GOLF CAR OPERATIONS. THESE SEMINARS ARE HELD AT CLUB CAR'S MANUFACTURING FACILITY IN AUGUSTA, GEORGIA, AND ARE CONDUC, I ED BY PROFESSIONAL EDUCATORS. THE CLUB'S EMPLOYEES WILL LEARN PREVENTIVE MAINTENANCE AND REPAIR PROCEDURES TO ENHANCE ITS FLEET OPERATIONS. A REASONABLE FEE IS CHARGED FOR THESE SEMINARS. SEBASTIAN MUNICIPAL GOLF COURSE (REV 1) WARRANTIES MARCH 12, 2010 THE FOLLOWING WARRANTIES APPLY TO SEBASTIAN MUNICIPAL GOLF COURSE: CLUB CAR® WARRANTS TO SEBASTIAN MUNICIPAL GOLF COURSE THAT ITS NEW 2007 MODEL GOLF CARS ARE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED CLUB CAR LIMITED LIFETIME WARRANTY. THE TWO-YEAR SECTION OF CLUB CAR'S LIMITED LIFETIME WARRANTY IS EXTENDED TO THREE (3) YEARS. CLUB CAR AGREES TO EXTEND A LIMITED WARRANTY ON BATTERIES ON ITS DS- PLAYER ELECTRIC GOLF CAR TO FOUR YEARS, 800 GOLF-CAR ROUNDS, OR 16,000 ENERGY UNITS AS RECORDED BY THE ONBOARD COMPUTER, WHICHEVER FIRST OCCURS, IF THE CLUB AGREES TO ADHERE TO THE FOLLOWING CONDITIONS: A. ALL BA I t I_RIES MUST BE CLEAN AND FREE OF CORROSION AT ALL TIMES. WATER LEVELS MUST BE CHECKED AND MAINTAINED ACCORDING TO THE CLUB CAR OWNER'S MANUAL. B. ALL CARS MUST BE CHARGED PROPERLY. THE GOLF CAR FACILITY MUST HAVE AMPLE ELECTRICAL POWER TO CHARGE THE CARS AND THE CHARGERS MUST BE ALLOWED TO SHUT OFF AUTOMATICALLY. C. ALL CARS MUST BE ROTATED PROPERLY. EVERY CAR MUST HAVE APPROXIMATELY THE SAME PER -ROUND USAGE EACH MONTH. D. ALL CARS MUST BE USED S I ItICTLY FOR GOLF COURSE RENTAL PURPOSES AND SHOULD NOT BE MISUSED IN ANY WAY. E. PROPER AIR PRESSURE MUST BE MAINTAINED IN ALL TIRES AS OUTLINED IN THE CLUB CAR OWNER'S MANUAL. IF THESE CONDITIONS ARE MET, CLUB CAR WILL REPLACE THE BATTERIES FREE OF CHARGE, LABOR EXCLUDED, IN ANY GOLF CAR THAT FAILS TO PROVIDE THIRTY-SIX (36) HOLES OF PLAY PER DAY. THE REPLACEMENT BATTERIES MAY BE NEW OR USED AND MAY BE REMOVED BY CLUB CAR AT THE END OF THE WARRANTY PERIOD. THE REPLACED BATTERIES SHALL REMAIN THE PROPERTY OF THE CLUB. Subject: Annual Janitorial Approved or Submittal Finance Contract by: Agenda No. /O, Ob fe Department Origin: Public Wor Department Hea 4 4 Director: 1 AI -k. General Services: Services: Alfr s 1 inner f .4 e.Ty rl rry Date Submitted: March 30, 2010 For Agenda of- ,,April 1 2010 C Get t Exhibits: Contract documents, Bid Tabulation EXPENDITURE REQUIRED: $48,626.40 AMOUNT BUDGETED: $86,566. APPROPRIATION REQUIRED: None FUNDING SOURCE: General Fund HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The Public Works Department put out an RFP for Janitorial Services and received 11 sealed bids. Based on our review of the bid packages and after phone reference checks and a face to face interview with the low bidder, we feel confident recommending the bid award go to W G Maintenance of Palm Bay, Florida. Each company that submitted a bid was given a walk through of all the facilities at the various locations during the mandatory pre -bid conference. As you can see from the expenditure required and the amount budget this year, we will have a considerable savings for the next three years with the new company. RECOMMENDED ACTION Move to award the annual Janitorial Contract to W G Maintenance of Palm Bay, Florida in the amount of $48,626,40 per year. 'Stephanie Kravello Complete Package Bright Maintenance Patrick Arriagada Sunshine Cleaning GFS Services W &G Maintenance Tania Dureseall JMCServices Inc USSI Billy Parra D &A Building Services Vacuum Guy Mary Mack Cleaning Beachland Cleaning Rhino Buillding Services Barlow of Naples Ekklesia, Bill Karen GCC Commercial Cleaning Pre Bid Attendees No No No Yes No Yes Yes No Yes Yes No Yes Yes Yes Yes Yes No No Yes Bid Submitted 7,270.00 12,154.86 4,052.20 6,498.37 11,454.00 8,283.74 7,400.00 9,736.50 15,032.00 6,500.00 6,400.00 Lump Sum race 5cneauie "A" Monthly 87,240.00 145,858.32 48,626.40 77,980.50 l 137,448.00 99,404.88 00'008'88 116,838.00 180,388.00 78,000.00 76, 800.00 Yearly Janitorial cost all buildings Comments April 6, 2010 To: Al Minner, City Manager From: J. Michelle Morris, Chi Ref Potential Cleaning Crew Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 772 589 -5233 Fax 772 -388 1872 e-mail spd@cityofsebastian.org J. Michelle Morris, Chief of Police The police department has no concerns with the four individuals listed as the potential cleaning crew for the police department. We have not found anything to cause us concern or suspicion. HOME OF PELICAN ISLAND City of Sebastian Public Works Department 1225 Main Street Sebastian, Florida 32958 Phone: (772) 228-7052 Fax (772) 228-7077 REQUEST FOR PROPOSALS PROFESSIONAL JANITORIAL SERVICES Prepared by City of Sebastian Public Works Department Facilities Maintenance Division Contact: Mr. Steve Di Trapano, Facilities Manager, (772) 228-7055 e-mail: sditrapanocitvofsebastian.org February 2010 REQUEST FOR PROPOSALS PROFESSIONAL JANITORIAL SERVICES TABLE OF CONTENTS Page Numbers Notice of Request for Proposals 2 Proposal Forms 3 5 Instruction to Bidders General Conditions 6 25 Technical Specifications 26 29 Special Requirements 29 34 Questionnaire 35 37 Exhibit "A" Buildings 38 38A Exhibit `B" Inspection Report Form 39 39A Contract 40 44 Drug -Free Workplace Form 45 Public Entity Crime Form 46 49 NOTICE OF REQUEST FOR PROPOSALS THE CITY OF SEBASTIAN IS HEREBY SOLICITING PROPOSALS FROM 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, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL 2:00 PM., ON MARCH 18, 2010 IN SEALED ENVELOPES, WHICH SHALL BE MARKED AS FOLLOWS: Steve DiTrapano, Facilities Manager RFP:JANITORIAL SERVICES OPEN: March 18, 2010 A2:00 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 -7052 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 Fomi is provided and must be submitted signed and notarized with your proposals. Questions concerning this RFP shall be directed to Steve DiTrapano, Facilities Manager, at (772) 228 -7055. A mandatory pre -bid conference and walk through will be held at 2:00 PM on Wednesday, March 3, 2010 at the location address stated above. Failure to attend will be cause to reject any 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 any date or time deadline stated herein. -2- u\ Firm Name and Address Gsok lir 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 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 exceeding the 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 without any understanding agreement, or connection with any person, corporation, or firm submitting a proposal for the same work and that this proposal is in all respects fair and without collusion 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 and 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 agreed 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 -3- c h'er Title ,t 39q -s09S Phone Number Date Signed 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, Office, Concession and Restrooms RESTROOM OUTSIDE THE OLD COUNCIL CHAMBER CEMETERY OFFICE MAIN STREET RESTROOMS TOTAL PROPOSAL PRICE SCHEDULE "A" -4 d 1 y y 1 S g 5' 1.. 00 L 0 6 7 0 Li 0 s rid .-2,c Authorized Signature L)4 G -J CQ— Firm Name Address (15c))c.._ k3 '10 -s v\D sQe.) a Printed Name Title Phone Number Date Signed 1. GENERAL 2. DEFINITION OF TERMS CITY: CONTRACT: SURETY: ADDENDUM: INSTRUCTIONS TO PROPOSING FIRMS 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. Where the following terms and their pronouns occur herein, the intent and meaning shall be as follows: City of Sebastian 1225 Main Street Sebastian, Florida 32958 3. EXAMINATION OF SITE AND CONTRACT DOCUMENTS -s See Article 1, General Conditions, Page 8 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. 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. 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 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. 7 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, 1225 Main Street, 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. 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 technical 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. -8- 12. CONTRACT AWARD 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. 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 fumish 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 ail 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. -9- 15. DENS 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. 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. -10- 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 furnishing 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. 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 at times when he is not on the site. Must be able to communicate in English 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 -12- 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. CHANGES 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 find 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. 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 13- 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 -14 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. -15- 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. 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 CONTROLISAFETY 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. -16- 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. 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 -17 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 City will direct the Contractor to proceed and the Contractor shall promptly comply. Final determination and decisions in case anv 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 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 -18- 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 against the Contract bond. 20. TOOLS EQUIPMENT A. The Contractor is responsible for furnishing and maintaining all equipment in safe operating condition to perform 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. 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. -19- 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. 1. INSURANCE SUPPLEMENTARY GENERAL CONDITIONS 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. 20 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 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 -21 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 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. 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 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 22 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. 2. CONFLICTS 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. 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 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 23 EPA Environmental Protection Agency ASTM American Society of Testing Materials FDEP Florida Department of Environmental Protection 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. 4. 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 shalt 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. 5. 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 shalt 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. _24_ 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. 1.0 INTENT 2.0 SCOPE OF WORK JANITORIAL SERVICES TECHNICAL SPECIFICATIONS 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. 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. Cleaning 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 26 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. 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 lx/week Wipe down windowsills lx/week Dust partition tops lx/week Vacuum partition walls Police Department lx/week Dust picture frames and light fixtures 2x/month Dust baseboards and chair bases 1 x/month Dust window blinds lx/month Remove cobwebs as needed CARPETS Vacuum all traffic areas Vacuum corners, edges and non traffic areas HARD SURFACE FLOORS Sweep or vacuum all traffic areas 5x /week Spot mop all areas 5x/week Sweep comers, edges and non traffic areas lx/week Thoroughly mop all areas 1 x/week Spray buff all VCT tile 1 x/month 27 5x/week 1 x/week 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 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 l 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 SECURITY AND COMMUNICATIONS Complete punch list and check communication log 5x/week 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. 28 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 'I. COMPLIANCE 2. FACILITY AND AREA 3. WORK SCHEDULE 4. SUPERVISION SPECIAL REQUIREMENTS JANITORIAL SERVICES 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. All work performed shall be for City of Sebastian facilities as identified in Exhibit A. All areas referenced herein shall be serviced seven (7) days per week, unless identified otherwise, Sunday thru Saturday between the hours of 4:00 AM and 11 PM. Facilities that are cleaned 7x weekly will still be cleaned on Holidays. The Contractor shalt 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. 29 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. 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 facilities, 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 -30- 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 Toss of important papers or documents. 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 BOXES 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 a walk -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 -31 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 and badges 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 badges and /or the cost of changing locks as a result of any lost keys. 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 32 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 for background check. 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. MOVING FURNITURE AND EQUIPMENT The Contractor shall move and return all furniture and equipment (Le., 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. 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. 33 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 any time. 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, 2010, 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. QUESTIONAIRE 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? 1�{ ut S n orn e_ l 3�� Cv- Z 3. List of current contracts indicating name of owner, duration, completion date and amount: v_Ar(r f. P v e- k Sta." 4. Name three individuals or corporations for which you have performed work of this size and nature to which you refer: N Ati Z Phone SCE 3 S 1 W Phone 57 1 6 -2.9 22- L hone c k 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: 1) ‘e eat e-Ar vk) GUY1 SSRAr -35- O ILj tdl9q '8, Will you need to hire personnel to supervise any portion of the work? O 9. Will you sublet any part of this work? If so, give details: /V o 10. What equipment do you own that is available for the work? VC( C kA AA. Prl CA C. WA /5 Ow e -'S 6 +h_g8 e r.5 11. What equipment will you purchase for the proposed work? 20 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). p 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. Of 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) ocd.,A,., a a.) The business is a Sole Proprietorship, Partnership or Corporation. Cci) a ti -36- kA}c)L Title b.) The address and phone number of principal place of business is: c.) The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 11k) kik ddo t e-,k) e-( cJ Authorized Signature Printed Name Date BUILDING LIST DAYS TO CLEAN Old City Hall X5 New City Hail 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 Football Field Restrooms Baseball Field Restrooms 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 Cemetery X5 Main Street Restrooms X7 EXHIBIT "A" Airport Administration Barber St. Sports Complex (Creative playground, football field baseball Cemetery Community Center Friendship Park (office, concession, restrooms) Garage and P.W. Compound Golf Course Club House Hardee Park Restrooms Main St. Restrooms New City Hall Old City Hall (school) Police Department Restrooms outside old Council Chambers Riverview Park Restrooms Schuman Tennis Courts Splash Pad Restrooms Yacht Club Restrooms City of Sebastian Professional Janitorial Services Proposal (Approximate square footage) 6,364 1,004 field restrooms) 168 3,335 886 1,320 1,084 320 100 24,400 7,000 16,000 348 450 180 352 1,366 EXHIBIT T.E PORT FORM 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 andlor break area Restrooms Halways BASIC SERVICES Spot clean tight switches. walls, doors, and doorframes Wipe down desks, counter tops, free of papers 8 debris Dispose of waste and install new liners, if necessary Clean inside/outside of waste receptacles Clean and disinfect sinks and clean water bottle trays Dust office furniture other then desks Wipe down windowsills Dust partition lops 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 alt areas Sweep comers. edges and non traffic areas Thoroughly mop all areas Spray buff all VCT file RESTROOMS Spot dean vertical surfaces. walls, doors, and partitions Wipe down horizontal surfaces: counter tops, dispensers toilets Detail: door handles, kick plates and light switches 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 beneath sink Wet mop hard surface floors using germicidal product Restock hand soaps and proper disposables High dusting: air grills, ceiling fixtures 5x week 5 z week 5 x week 5xweek 5 x week 5 x week 5x week 5 x week 5x week 5 x week 1 x week as requested 5xweek as needed 5 week t x week 1 x week 1 x week 1 x week 2 x month 1 x month 1 x month as needed 5 x week t xweek 5x week 5 x week 1 x week 1 x week 1 x month as needed 7 x week BS needed 7x week 7 x week Tx week 7 x week 3x week 7 x week 7x week 1 x month 379 Week of Frequency Monday Tuesday Wednesday Thursday Friday Saturday Sunday Spot clean vertical surfaces: cabinets, appliances and walls Wipe down horizontal surfaces: tables, appliances and counter tops Clean and disinfect sink WINDOWS 8 GLASS Spot clean entranceway door glass and windows as needed 5 x week 5 x week 5 x week EXHIBIT'S° INSPECTION REPORT FORM -39- A 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 after "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 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 CITY OF SEBASTIAN FORM OF AGREEMENT PROFESSIONAL JANITORIAL SERVICES 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 40 the contractor has completed the work in accordance with the Contract Documents 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 foram 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. -41 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. 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. 17. SPECIAL CONDITIONS -42- 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. 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: Sign: Print: Print: Sign: Sign: Print: Print: Title (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by as and as on behalf of the Corporation. They are personally known to me or have produced as identification and did, did not take the oath. State of Florida at Large (seal) Commission No. My Commission Expires: ATTEST: CITY OF SEBASTIAN Sign: Sign: Sally A. Maio CMC /AAE Alfred Minner Title: City Clerk Title: City Manager (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Robert Ginsburg, City Attorney (NAME OF CONTRACTOR/COMPANY) NOTARY PUBLIC Sign: Print: does: Date: 34 l S e, DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that G 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. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 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. 5. 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. Signature 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 not 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 QUOTE OR BID DOCUMENTS. NON INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 46 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. THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by to U Son re- r,e 1 Or% W G 1` 'IA rr\\ en ccrj L e, (name of entity submitting sworn statement) who a business address is Po C)c5E- 1 ll''?x,1 V L. 3Q' k and (if applicable) its Federal Employer Identification (FEIN) is t t 3 C, cf 7.., b 1 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is C 65 t r Q/3 47 0 for (please print name of individual signing) and my relationship to the entity named above is (-7 Y vA6 ,Q,r,3. C2- 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or 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 misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (I) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, 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 p erson as de" fined in Paragraph 287.133(1)(e), Florida Statutes, means any state or of the United States with the legal natural person or entity organized under the laws of any Agreements for the to enter into a binding Agreement and which bids or applies to bid on A p a public entity, ln e or which otherwise transacts or applies to provision of goods or services let by p ubli "person" includes those officers, directors, public entity. The term p transact business with a P to ees, members, and agents who are active in management executives, partners, shareholders, emp Y of an entity. g. Based on information and belief, the statement which I have marked below applies.) s in relation to the entity submitting this sworn statement (Please indicate which statement er the entity submitting this sworn statement, nor any officers, directors, executives, Keith shareholders, employees, members, or agents who ase convict d o management ubic entity entity, cnme partners, have been charged with and nor any affiliate of the entity subsequent to July 1, 1989. r ecirtos The entity submitting this sworn statement, or one or more of the officers, d it e s, to ees, members or agents who are active in manag executives, partners, shareholders, emp y of or an affiliate of the entity has been charged with and statement of pap public entity crime the subsequent (Please indicate which addit subsequent to July 1, 1989, AND (l' There has been a proceeding concerning the conviction before a hearing officer e ffi fficecer r of officer th the State of Florida, Division of Administrative Hearings. The final order entered by of the final not lace the person or affiliate on the convicted vendor list. (Please attach a copy P order.) The person or affiliate was placed on the convicted vendor list. proceeding before a hearing officer of the State of Florida, Division The final order entered by the hearing officer determined that it was in the public interest to remove 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 pending with the Department of General Services. any action taken by or P Signature STATE OF FLORIDA COUNTY OF \t-(2.V 48 Date: There has been a of Administrative clearings. person or affiliate from the l subsequent The foregoing instrument was acknowledged before me this (Alt, •)a r‘ Yle\0r OLON (name of partnership), a partnership. or has produced f t b I_ as id cation and Name: 5t 15ar Kes5 My Commission Expires: 01 Q t3 Commission Number: 1C day of nrc)n 2010 by (title) on behalf of He /she is personally known to me did did not take an oath. 3 SUSAN KESSLER Notary Public, State of Florida Commission# DD903913 My comm. expires July 8, 2013 1 certify from the records of this office that W &G MAINTENANCE CORP is a corporation organized under the laws of the State of Florida, filed electronically on March 21, 2008. The document number of this corporation is P08000029898. I further certify that said corporation has paid all fees due this office through December 31. 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. 1 further certify that this is an electronically transmitted certificate authorized by section 15.16. Florida Statutes, and authenticated by the code noted below. Authentication Code: 080321151210-100118539741#1 Certificate of Status Given under my hand and the Great Seal of the State of Florida at Tallahassee. the Capital, this the Twenty First day of March, 2008 �ttt'l t�raUiniiic[ ;^`errturp of Cate %,crc 1 irit.j t U1- LIABILITY INSURANCE PRODUCER INSURANCE I D 01/29/2010 ICON, INC. 115 Hickory Street Suite 206 Melbourne FL 32904 Phone: 321 727 0951 Fax: 321 727 0952 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND ALTER THE COVERAGE AFFORDED BY THE OF POL INFORMATION CERTIFICATE EXTEND OR CIES BELOW. INSURERS AFFORDING COVERAGE NAIC W G MAINTENANCE PO BOX 111330 PALM BAY FL 32911 INSURER A: MAXUM INDEMNITY COMPANY INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE ANY MAY POUCIES. INSR POLICIES REQUIREMENT, PERTAIN, ADM OF INSURANCE LISTED BELOWJ-IAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR PM TYPE OF INSURANCE POUCY NUMBER DAB M/DD1 DATE MMIDD A/ A GENERAL X UABILfTY COMMERCIAL GENERAL UABIU Y BDG0027155 -03 12/18/2009 12/18/2010 LIMITS EACH OCCURRENCE 1,000,000 CLAIMS MADE I I OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 50,000 MED EXP (Any one person) 5,000 PERSONAL ADV INJURY 1,000,000 GEN'L AGGREGATE UMIT APPUES PER 1 POUCY n MS n LOC GENERAL AGGREGATE 1,000,000 PRODUCTS COMP/OP AGG 1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE UMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per a GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: EXCESS UMBRELLA LIABILITY OCCUR I I CLAIMS MADE AGG EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ga s. d escr PRibe OVISIO und NS bel I ow OTHER I TORY 1 IM S t I I ER EL EACH ACCIDENT EL DISEASE EA EMPLOYEE EL DISEASE POUCY DESCRIPTION OF OPERATIONS LIMIT LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS CERTIFICATE HOLDER IS CONSIDERED ADDITIONAL INSURED WITH RESPECTS TO LIABILITY. CERTIFICATE rant nr• iss Facility Services Inc Winn Dixie 40351 US Highway 19 North Suit 308 Tarpon Springs, FL 34689 SHOULDANY OFTHEABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THEEXPIRATK)N DATE "THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) CANCELLATION ©1988- 2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GEICO INDEMNITY COMPANY Date Issued: 03-05-10 T -3 VEHICLE 1 04 LEXS 2 04 HONDA 3 04 INFI COVERAGES Coverage applies where a premium or 0.00 is shown for the vehicle BODILY INJURY LIABILITY EACH PERSON /EACH OCCURRENCE SIX MONTH PREMIUM Lienholder Vehicle 1 SUNTRUST BANK INSURED COPY JTJBT20X740048302 1 HGCM72654A017311 JNKCV54E44M305970 PER VEH ICI E: PROPERTY DAMAGE LIABILITY PERSONAL INJURY PROTECTION UNINSURED MOTORIST /'NONSTACKED EACH PERSON /EACH OCCURRENCE COMPREHENSIVE COLLISION EMERGENCY ROAD SERVICE RENTAL REIMBURSEMENT LIMITS. OR DEDUCTIBLES $25,000/$50,';000: $50,000 NON -D $25,000!$50 500 DED $1!,000. DED $500 DED $1,000 DED FULL ED /INSURED $20 PER DAY $600 MAX 0 -N -1 -MFP -L 0 L; -2 -MMP -L 0 -N -4 -MM -S PREMIUI IS Vehicle 1 Vehicle `2 Vehicle '3 91.20 88.70 108.00 94.80 80.60 147.50 133.80 108.70 ,000 72.20 72.20 72.20 68.90 68.80 185.80 152.80 12.30 12.30. 12.90 RATED LOCATION PALM BAY FL 32908 PALM BAY FL 32908 PALM BAY FL 32908 Lienholder Vehicle 2 CAPITAL ONE AUTO FINANCE Policy Number: 4082 -66 -85-36 CLASS 698.80 623.40 U- 31 -DP -20 (7 -07) 75.40 336.90 If you elect to pay your premium in installments, you may be subject to,an, additional fee for each installment. The fee amount will be shown on your billing statements and is subject to change. Premiums for these vehicles' are based on the following Discounts and /or Surcharges: DISCOUNTS RENEWAL (VEH 1,2,3); SEATBELT (VEH 1,2,3); MULTI -CAR (VEH 1,2,3); LEGACY ;RENEWAL (VEH 1,2,3); ANTI -LOCK BRAKES.(VEH .1,2,3); ANT( -THEFT DEVICE (VEH 1,2); PASSIVE RESTRAINT /AIR BAG (VEH 1,2,3) Lienholder Vehicle THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 1MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I L TR TYPE OF INSURANCE INSR W D POLICY NUMBER POLICY EFF IMM /DDIYYYY] POLICY EXP (MMIDD/YVYY) LIMITS PRODUCER 100950 CUSTOMER ID INSURER(S) AFFORDING COVERAGE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR INSURER B INSURERC: INSURER D EACH OCCURRENCE INSURER F DAMAGE TO RENTED PREMISES (Ea occurrence) CLAIMS -MADE MED EXP (Any one person) PERSONAL ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: LOC PRODUCTS COMP /OP AGG POLICY PRO CT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS Y N N A SIC0010896 -01 04/08/2010 04/08/2011 WC STATU OTH TORY LIMITS ER E.L. EACH ACCIDENT 100,000 Y E.L. DISEASE EA EMPLOYEE 500,000 below E.L. DISEASE POLICY LIMIT 100,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 9014 Janitor Service by Contract Officer exclusion for Wudson Fenelon has been applied for I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,=J' ACCME, CERTIFICATE OF LIABILITY INSURANCE Iktaim 4/7/2010 D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURANCE ICON, INC. 115 Hickory Street Suite 206 Melbourne FL 32904 CONTACT RANDALL MAIDEN PHNE (A/C No. Ext): 727 -0951 LAIC No): 321- 727 -0952 E -MAIL ADDRESS: PRODUCER 100950 CUSTOMER ID INSURER(S) AFFORDING COVERAGE NAIC INSURED W G MAINTENANCE PO BOX 111330 PALM BAY FL 32911 INSURERA: FIRSTCOMP INSURER B INSURERC: INSURER D INSURER E INSURER F COVERAGES CERTIFICATE HOLDER CERTIFICATE NUMBER: CANCELLA REVISION NUMBER: 5 (2009/09) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RLI Bond No. LFM0002228 RLI Insurance Company P.O. Box 3967 Peoria IL 61612 -3967 Phone: (309)692 -1000 Fax: (309)683 -1610 Item 1. Name of Insured: WUDSON FENELONE T/A W G MAINTENANCE, INC Principal Address: PO BOX 111330 Palm Bay, FL 32911 FID 0001 (2/93) DISHONESTY BOND (FOR ANY TYPE OF BUSINESS) (the "Insured Item 2. Bond Period: The term ci this bond begins Mill the 1, day. of April 2008 at 12:00 o'clock night, standard time, at the address of the insured given above, and ends at 12:00 o'clock night, standard time, on the effective date of the cancellation of this Bond in its entirety. Item 3. Limit of liability: 25,000.00 I. INSURING AGREEMENT In consideration of the agreed premium, RLI Insurance Company an Illinois corporation (the "Company hereby agrees to indemnify the Insured, against any loss of money or other property which the Insured shall sustain or for which the Insured shall incur liability to any customer or subscriber of the Insured through ary fraudulent or dishonest act or acts committed by any Employee or Employees of the Insured acting alone or in collusion with others, an amount, not exceeding, in the aggregate, the amount stated in Item 3. II. DEFINITIONS Employee. The word Employee or Employees, as used in this Bond, shall be deemed to mean, respectively, one or more of the natural persons (except directors or trustees of the Insured, if a corporation, who are not also officers or employees thereof in some other capacity) while in the regular service of the Insured in the ordinary course of the Insured's business during the term of this Bond, and whom the Insured compensates by salary, or wages and has the right to govern and direct in the performance of such service, and who are engaged in such service within any of the States of the United States of America, or within the District of Columbia, Puerto Rico, the Virgin Islands, or elsewhere for a limited period, but not to mean brokers, factors, commission merchants, consignees, contractors, or other agents or representatives of the same general character. III. GENERAL EXCLUSIONS A. Acts Committed by You or Your Partners: This Bond will not pay for Toss resulting from any dishonest or criminal act committed by you or any of your partners whether acting alone or in collusion with other persons. B. Indirect Loss: This Bond will not pay for loss that is an indirect result of any act covered by this Bond including, but not limited to, loss resulting from: (1) Your inability to realize income that you would have realized had there been no loss of, or loss from damage to, covered property. Page 1 of 4 F0001104 -30,15 BELOW IS YOUR BUSINESS TAX RECEIPT PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION W &G MAINTENANCE CORP PO BOX 11.1330- PALM BAY FL 3'2911 The Qyd _H Paim Bay A Perfect Place o Grow 120 Malabar: Road SE Palm Bay,' FL 32907 BUSINESS TAX RECEIPT Ctl nbr Business Name :`W &G CORP Location Addr a 253 WADING:BIRD CR SW Lic Nbr Classification 10- 00018539 'J ANITORIAL CLEANING Issued: February. 12,'2010 Expires: September 30, 2010 Subject: Skate Park Office A prov for Submittal by: Agenda No. /O, 062 7 Department Origi. City Attorney: City Mana•er Finance: City Clerk: r ya` Date Submitted: 9 APR 10 Al ner, City Manager Exhibits: Neel Schaffer Site Plan EXPENDITURE REQUIRED: $39,938 AMOUNT BUDGETED: $50,000 APPROPRIATION REQUIRED: $0 SIEDAS HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY As part of the FY 2010 Capital Improvement Plan (CIP), $50,000 from the Recreational Impact Fee Fund has been allocated to remove the metal shed serving as a Skate Park Office. In its place is scheduled to be a more appropriate facility. In keeping with the Florida Vernacular theme, Neel- Schaffer was requested to design a facility that will improve the aesthetics of the park and provide an office facility. Attached to this transmittal is such design. The building is approximately 500 square feet and will provide (1) better views of the interior of the park; (2) sheltered entrances and vending areas for patrons; and, (3) more appropriate facilities that will complement the Barber Street Sports Complex (BSSC). The project estimate is $39,938 as follows: ITEM Concrete Work Electric Plumbing Trusses Straps Windows Doors Cupola Shutters Railing Gates NC Counters Paint Signage Fence Work Metal Roof Misc. Materials Landscape Irrigation Stucc TOTAL COST $9,128 500 1,000 2,500 500 1,000 2,787 1,629 700 800 1,200 500 1,844 2,400 1,000 500 5,000 500 1,000 5,450 $39,938 All construction work will be completed with City and /or Ongoing Construction Agreements the City has previously established. The existing metal shed will be recycled and disposed of accordingly. Finally, in preparing the design, the proposed facility will be off-set to the south, in comparison to the existing shed. This action allows for (1) meeting set -back requirements; (2) better office supervision of activity occurring inside the park; and, (3) Skate Park activity visibility from Barber Street, as well as other areas in the BSSC. Because this is a budgeted item, it has been placed on the agenda for Council to approve the facility concept. Assuming approval, Growth Management staff will complete an administrative review of the site plan, because the facility meets the regulations for a minor revision. Upon Council and staff review, construction will start shortly thereafter. RECOMMENDATION Staff seeks Council authorization to proceed has outlined above. a z s ij ti D Ea fses�� =i `4 Lit m y= A gg A M o I. 1 a e t 11 a—a =b D ,a I, 1 1 ,a ,.d a z s ij ti D Ea fses�� =i `4 Lit m y= A gg A M o AT NtiPTH Summer line c7d Holiday hours CCCait -CUD ,Surd -SAT NOON 10,11PM SUN "HOOL YEAR HOURS GL TO S:CC pot MOU -FPi 4: #nm -`J Cam SAT N00N- ,P4CEm_SLIN Subject: Schumann Park Basketball/Tennis Approved for Submittal by: Court Project Agenda No. f O g Department Orig City Attorney: Cit Man. •er City Clerk: s L Finance: rr= Date Submitted: 9 APR 0 Al Minner, City Manager Exhibits: Neel Schaffer Site Plans EXPENDITURE REQUIRED: $61,534 AMOUNT BUDGETED: $175,000 ($142,926 Amount Spent) APPROPRIATION REQUIRED: $29,460 SIEBA HOME OF PELICAN ISLAND AGENDA TRANSMITTAL ITE M Tennis Courts Basketball Courts Lighting Shade Shelters Neel- Schaffer (Restroom Design) TOTAL SUMMARY As part of the overall Schumann Park Improvement Project the City Council aimed to improve the surface of six tennis courts, construct two new basketball courts, upgrade court lighting, build shade shelters and improve the restroom facilities. Toward that project a $175,000 budget was established in FY 09. To date, all the improvements except the restrooms have been made for approximately $142,926 as follows: Remaining in this project budget is a balance of $32,074 COST $36,325 46 ,982 48 DOD 11219 1,400 $142,926 At the time this project was established, staff also informed Council that the restrooms should be upgraded. However, based on our estimates at the time for asphalt, we were of the opinion that a budget adjustment would need to be made in order to complete the restroom portion of the project. With the aforementioned items completed, Public Works has inspected the current restroom facilities to ensure that replacement is the best option. In their evaluation, it has been determined that the existing facility is too small, unsightly and has significant maintenance issues associated with a deteriorating sanitary sewer line. In order to provide an upgrade to the facility that is conducive to the atmosphere the City is trying to establish at primary parks, a new structure should be installed, as this is the best financial alternative. As such, the services of Neel- Schaffer have been engaged to design a "Florida Vernacular" type structure which will house (1) tennis storage items, (2) a small congregation meeting area; (3) and, new restroom facilities. Total construction is approximately 650 square feet. The location of the restroom is proposed for the existing playground area. This will allow the existing facility to be used, while the new one is under construction. After completion of the new building, the old restroom will be demolished and the playground re- established. All work will be completed with City and /or Ongoing Construction Agreements the City has previously established. The following has been identified has the project budget: ITEM AMOUNT Concrete 11,624.00 Electric 8,200.00 Plumbing 9,500.00 Trusses 2500.00 Straps 500.00 Paint 2,400.00 Doors 5,573.72 Railings_ 2,500.001 Cupola 1529.00 Counter 2,462.00 Metal Roof 5,000.00 Irrigation Landscaping 3,000.00 Misc. Material 500.00 Signage 1,000.00 Stucco 5,125.00 61,533.72 One area where a savings can be realized is in stucco. The proposed facility calls for a stucco finish. However, all four sides of the building can be finished to replicate "lap siding" for a more traditional exterior. The additional cost is $2,250. Assuming Council approval of the design and budget allocation, the Planning and Zoning Commission will review the site plan at their May 6, 2010 meeting with construction to start shortly thereafter. RECOMMENDATION Staff recommends approval of the design concept and budget adjustment in the amount of $29,460 from Recreational Impact Fees as follows 50% coming from Zone C, 25% from D and A. q. 5' -0" 21'-3' 6' -11" 5'-8" 8' -0" iffliirall I A ill I i 6 5 1 1.i `I& 111 1 p 59 (MM.) IF FLRMTD WC 56' (MM.) IF WALL MTD WC W 0) co 91 O) 0) W 0) W N W 0 V V (0 CD CO CO N N s N N 0. 8 A 0 0 0 0 0 C 0 O 0 0 0 c 0 J) N� 0 NN g �g�� 0 W "IC-3 O N N N N N O co 0 W O C O O (0 X 00 00 0 0 0 0 0 0 0 0 0 0 23 0 0 0 0 0 0 0 0 C0 (O O (0 (0 (0 (0 (0 (0 (D (0 V n n n 0 8 8 8 V V 8 V V V V -4 V V V V V V V 0) AA W CO CO CO N -+O O A O O Cn O O (0 00 00 O CO A V A CO 00 CD cn 4a V OAACDO(O cn (0-a CO Q1 4-- 00) CO C D O N OC CO CO 0 V V 01 U7 CJ O) (4 0) Z -1 ,n �p�1W W-AW WZZE A W D m (D 0) N N C D 0 0 7 c mn c n n R CD 0 73 C C 7 3 O. (D C g N 7c O m T. 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