HomeMy WebLinkAbout05-11-2016 CC AgendaSEBASTIAN CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, MAY 11, 2016 - 6:00 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 on Back of Agenda
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE — Led by Council Member Gillmor
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.
16.079 A.
Proclamation — National Travel and Tourism Week — May 1-7, 2016 — Accepted by
Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce
16.080 B.
Proclamation — Tobacco Free Florida Week — May 8-14, 2016 — Accepted by
Leslie Spurlock, Community Health Advocate
16.081 C.
Proclamation — National Police Week — May 15-21, 2016 and National Peace
Officers Memorial Day — May 15, 2016 — Accepted by Police Chief Michelle Morris
and Members of Sebastian's Police Department
16.082 D.
Proclamation — National Building Safety Month — May 2016 — Accepted by
Building Director Wayne Eseltine
16.083 E.
Proclamation — Mental Health Awareness Month — May 2016 — Accepted by
Art Ciasca, Suncoast Mental Health Center
16.084 F.
Proclamation — Safe Boating Week — May 21-27, 2016 — Accepted by Commander
Mark Cannon, USCG Auxiliary Flotilla 56
G.
Presentation — SeaTow Foundation for Boating Safety - John Donaldson, SeaTow
Sebastian
Brief Announcements
• Chamber of Commerce Concert in the Park — May 13 from 5:30 — 8:00 pm — SoulJam
• Chamber Concert in Riverview Park — May 20 from 5:30 — 8 pm - Relayer
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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.
jogs 5-7 A. Approval of Minutes — April 20, 2016 Traffic Calming Workshop
pgs 8-17
B. Approval of Minutes —April 27, 2016 Regular Meeting
16.085
C. Resolution No. R-16-09 Final Plat - Cross Creek Lake Estates Phase Six
pgs 18-28
(Transmittal, R-16-09, Plat, Application, Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE
ESTATES PLAT SIX, BEING A REPLAT OF TRACT O OF CROSS CREEK LAKE ESTATES
PLAT ONE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
16.086
D. Approve $25,000 Grant Agreement with Florida Department of Transportation for
pgs 29-30
Sealed Corridor Safety Signage and Other Improvements at the City's Rail Crossings
(Transmittal, Letter)
16.087
E. Approve Annual Fuel Contract with Glover Oil Company Based on Piggyback Pricing
pgs 31-38
of the City of Port St. Lucie for the Period July 1, 2016 through June 30, 2017
(Transmittal, Letter, Renewal Form, 0-06-01)
16.088
F. Authorize the City Manager to Execute GolfNow Agreement (Transmittal,
pgs 39-40
Agreement)
16.089
G. Approve Alcoholic Beverage for Almanza Event at Community Center on 5/28/16
pgs 41-43
from 5 pm to 9 pm — Permittee DOB Verified (Transmittal, Application, Receipt)
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.
16.090 A. Parks and Recreation Advisory Committee
pgs 44-60 i. Interview, Unless Waived, Submit Nominations for One Expired Regular
Member Position — Term to Expire May 31, 2019
ii. Interview, Unless Waived, Submit Nominations for One Unexpired Regular
Member Positon — Term to Expire May 31, 2017
9. PUBLIC HEARINGS - None
10. UNFINISHED BUSINESS
16.062 A. Consider Waste Management's First Amendment to Franchise Agreement
pgs 61-95 (Transmittal, Agreement, April Modification, Amendment)
16.091 B. City Council Goals and Objectives for FY 2017 (Transmittal, Budget Page)
pgs 96-98
2 of 109,
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda
12. NEW BUSINESS
16.092 A. Authorize the City Manager to Engage Richard Aldrich of Perfect Systems to Study
pgs 99-106 City MIS and Provide a Report (Transmittal, Aldrich's Experience, Agreement,
Exhibit A)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A.
Council Member Andrea Coy
B.
Mayor Bob McPartlan
C.
Council Member Jim Hill
D.
Council Member Richard Gillmor
E.
Vice Mayor Jerome Adams
17. ADJOURN (All meetings shall adjourn at 9:30 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, ATT UVerse Channel 99 and streamed on City of
Sebastian Website www.cityofsebastian.org.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Future Council Meetina Dates:
5/25116 Regular City Council Meeting 6:00 pm
6/8/16 Regular City Council Meeting 6:00 pm
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10
Reaular Citv 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
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetinqs.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas 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 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.
Appealinq 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 for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE 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 by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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SEBASTIAN CITY COUNCIL
TRAFFIC CALMING WORKSHOP
MINUTES
WEDNESDAY, APRIL 20, 2016 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Traffic Calming Workshop to order at 6:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
City Council Present:
Mayor Bob McPartlan
Council Member Andrea Coy
City Council Absent:
Vice Mayor Jerome Adams (excused)
Council Member Richard Gillmor (excused)
Council Member Jim Hill (excused)
Staff Present:
City Manager Joe Griffin
Police Chief Michelle Morris
Police Commander John Blackledge
City Engineer Frank Watanabe
WORKSHOP ITEM
A. City Enqineer Presentation
The City Engineer said the key elements to traffic calming involve engineering,
educating the residents, and enforcement to improve safety. He outlined two levels of
traffic calming with a PowerPoint presentation. (See attached)
He said the cost of speed humps depend on the amount of asphalt and striping needed.
Mayor McPartlan asked if speed humps can be staggered to help police vehicles when
responding to an emergency. The City Engineer explained that fire and ambulance
trucks can straddle the humps which should be kept parallel so vehicles won't swerve
around them and cause a head-on collision. The speed humps at Capt. Hiram's were
$500.00 for the set.
B. Chief of Police Presentation
Chief Morris said the Police Department has identified 38 streets as chronic complaint
feeder streets. She also gave a PowerPoint presentation outlining the Department's
efforts to reduce the speeding. (See attached)
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City Council Traffic Calming Workshop
April 20, 2016
Page Two
She noted all age groups are speeding and it is happening in other communities. It seems
to be a societal norm and she was open for suggestions from anyone.
Mayor McPartlan asked if there are troubled areas identified and mentioned there seems to
be accidents at the Cumberland Farm intersection of Barber and CR512. The Police Chief
said that location is not outside the norm; the one location with the most accidents is
Jackson Street and U.S. 1. She said the Department receives the most complaints from
residential streets where they do not have accident data.
Mayor McPartlan asked if the speed trailer can collect data and take pictures. The Police
Chief said there are trailers that can do that but the Department does not have the
personnel to run though the data. Also the offense must occur in the officer's presence to
receive a citation.
Ms. Coy said in just observing as a citizen, she sees a lot of people blowing through, not
even obeying, stop signs. She said she realizes it takes time out of the officer's day to write
a ticket and go to court and asked if there is a way to make the system more efficient. The
Police Chief said they have to work at the judge's schedule but that isn't the issue; the
complainers are the speeders.
Mayor McPartlan said he tried to get traffic court for Sebastian. The City Manager said Chief
Judge Metzger would be the contact to have traffic court. Mayor McPartlan said he would
follow up with Chief Judge Metzger and Clerk of the Court Jeff Smith. The Police Chief said
writing a citation for speeding involves a combination of things; everybody is dealing with the
same issues; and, there are smartphone applications to show where the police are.
Phil Matson, Director, Indian River County Metropolitan Planning Organization (MPO)
introduced himself and advised them not to transfer the problem to a cut -through or pass -by
street. He said the vertical measures tend to be noisy and people will ask you to take them
out after you put them in. He commended the education process of the Police Department
as his daughter was recently pulled over. He also said bringing driver's education back in
the schools is a good opportunity to get to individuals while they are young and learning.
Ms. Coy mentioned there are two signs down on CR512. Mr. Matson said he would advise
County Engineer Kimberly Graham.
Mayor McPartlan asked if the City could access to the camera shots taken in Traffic Signal
Coordinator John Ankeny's office. Mr. Matson said he would look into it but advised the
shots are not recorded only real-time.
Mr. Matson mentioned if the City wanted to put together a scope to study an area, he would
look into funding from the Florida Department of Transportation.
5. PUBLIC INPUT
Ben Hocker said his car can make it over the speed bump on Main Street in Micco where
the road forks but his car cannot make it over the speed bump on Indian River Drive and it
does make people slow down.
City Council Traffic Calming Workshop
April 20, 2016
Page Three
Mr. Hocker said he was informed there should be so many seconds between green and red
at a stoplight but there doesn't seem to be at the light on U.S.1 turning onto Schumann
Drive so he ends up going through the yellow/red light. He asked that someone look into
that light.
Jo Anne White said education is good idea, most people want to do right thing. She said
putting signs on garbage cans is also a good idea.
Ms. White said many of the painted lines at stop signs are missing. The City Engineer
confirmed that a lot of the stop bars are faded and in the process of being repainted. Ms.
White said at CR512 and Roseland Road, there are no painted turning lanes and people get
confused where they are supposed to be.
She asked if there can be turn -only lights at the intersections of U.S.1 at Main Street and
U.S.1 and Walmart. She would also like to see three stop signs at CR512 and Easy Street
and Lake Drive.
She said if parents will set the example for children by stopping at stop signs, the children
will continue to remind their parents to stop.
The City Engineer said a study would take place at the intersection of CR512, Easy Street
and Lake Drive and noted he has begun an investigation at Easy Street where traffic seems
to pick up at the park.
Ms. Coy asked that signs be posted on the garbage cans. Mayor McPartlan encouraged the
citizens to use the hotline number to call in to get a faded stop line repainted and said he
would like to look into some speed bumps installed on Easy, Barber, Fleming, and Laconia.
The City Manager noted each section of the speed bumps at Capt. Hiram's cost $500.00
which were installed as a test case.
Mayor McPartlan and Ms. Coy thanked Mr. Matson for attending the workshop and his help
with reducing the speed limit on U.S.1. Mr. Matson reported that Sebastian representatives
are needed for the MPO Transportation Disadvantaged Committee, the Citizens Advisory
Committee, and Bike Walk USA.
Ms. Coy asked if bicyclists are allowed to ride double -lane noting she recently had to
pass two bicyclists on Fleming Street.
Mayor McPartlan reminded the community of the Memory Field Ceremony tomorrow,
April 21 at 5 p.m. where each flag represents a child who lost their life due to abuse or
neglect.
6. Being no further business, Mayor McPartlan adjourned the Traffic Calming Workshop at
6:69 p.m.
Approved at the April 27, 2016 Regular City Council Meeting ATTEST.
Mayor Bob McPartlan
Jeanette Williams, City Clerk
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• •01 &1 WOND
SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, APRIL 27, 2016 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor McPartlan called the Regular City Council Meeting to order at 6:00 p.m.
2. Deacon John Dunlop from St. Sebastian Catholic Church gave the invocation.
3. Vice Mayor Adams led the Pledge of Allegiance.
4. ROLL CALL
Citv Council Members Present:
Mayor Bob McPartlan
Vice Mayor Jerome Adams
Council Member Andrea Coy
Council Member Richard Gillmor
Citv Council Member Absent:
Council Member Jim Hill (excused)
Citv Staff Present:
City Manager Joe Griffin
City Attorney Bob Ginsburg
City Clerk Jeanette Williams
Administrative Services Director Ken Killgore
Police Chief Michelle Morris
Deputy Police Chief Greg Witt
Officer Carlin Parker
City Engineer Frank Watanabe
Building Director Wayne Eseltine
Community Development Director Marissa Moore
Planner Dorri Bosworth
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
Mayor McPartlan requested a proclamation be added for CASTLE — Teaching Safe
Parenting. There was no objection from Council.
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.
16.069 A. Space Coast Honor Fliaht Presentation to Chief Morris and Sebastian Police
Department and Communitv Service Volunteers - Phil Weiler and Marcia Lambert
Mr. Phil Weiler introduced the program held at Capt. Hiram's noting what is done by
the Police Department during the lunch event gives the veterans safety and dignity.
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Regular City Council Meeting
April 27, 2016
Page Two
He presented a plaque to Chief Morris, Officer Parker and Community Policing
Volunteer John Lacenere.
16.070 B. Proclamation Water Conservation Month — April 2016 - Accepted by Ann Benedetti,
St. Johns River Water Management District
Mayor McPartlan read and presented the proclamation to Ann Benedetti. Ms.
Benedetti invited the public to go to SJWMD's website to pick up tips for saving
water.
16.071 C. Proclamation — Rest. Relaxation & Romance Proaram for Active Dutv Military —
Accepted by Cindv Geesev
Mayor McPartlan read and presented the proclamation to Ms. Geesey.
16.011 D. Proclamation - National Historic Preservation Month — Mav 2016 — Accepted by
Kathv McDonald. President. Sebastian Historical Societv
Mayor McPartlan read and presented the proclamation to Ms. McDonald who invited
the pubic to tour the Sebastian River Historical Society's Museum to celebrate the
memorabilia that has been donated.
16.043 E. Presentation of Award of Financial Reportina Achievement and Budqet Preparation
to Citv of Sebastian Administrative Service Department for the Fiscal Year 2014
Comprehensive Annual Financial Report and 2015 Budaet (Transmittal. Press
Release. Certificate)
Mayor McPartlan read and presented the certificates of achievement to
Administrative Services Director Ken Killgore.
added Proclamation - CASTLE —Teaching Safe Parentina — Accepted by Katie Smith
Mayor McPartlan read and presented the proclamation to Ms. Smith. Ms. Smith
presented the Mayor with one of the flags flown in Memory Field representing a child
who lost their life because of abuse.
F. Brief Announcements
• Chamber of Commerce Concert in the Park — April 29 from 5:30 — 8:00 pm — Prof. Pennygoode's
Mighty Flea Circus
• Craft Show in Riverview Park — May 7 from 10:00 am — 3:00 pm
Mayor McPartlan read the 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, helshe 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.
A. Approval of Minutes — April 13, 2016 Regular City Council Meeting
NOW 1"
Regular City Council Meeting
April 27, 2016
Page Three
16.072 B. Resolution No. R-16-07 - Final Plat Sandcrest PUD, Phase I (Transmittal, R-16-07,
Final Plat, License to Encroach, Letter of Credit, Plan, Application)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING
THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SANDCREST PUD, PHASE I; PROVIDING FOR
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
16.073 C. Authorize the Purchase of One 2016 Ford Explorer Police Vehicle from Bartow Ford
Under the Charlotte County Contract #2015000418 in the Amount of $27,799.54
(Transmittal, Quote, Contract)
MOTION by Ms. Coy and SECOND by Vice Mayor Adams to approve consent agenda items A -C.
Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan Nays: None 4-0 (Hill absent)
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.
16.074 A. Plannina and Zonina Commission
(Transmittal, Applications, Ad, List)
i. Interview, Unless Waived and Submit Nominations for One Expired Regular
Member Position — Term to Expire 5/1/2019
Vice Mayor Adams and Ms. Coy nominated Mr. Roth to serve another term. There were no
other nominations. Mr. Roth will serve until 5/1/2019.
9. PUBLIC HEARINGS - None
10. UNFINISHED BUSINESS
16.075 A. 2016 Pavement Assessment (Transmittal, PP)
6:29 pm
The City Engineer said he completed the assessment in March and he wanted to go over
what is needed before the budget process began. He explained how he evaluated the
roads and noted standing water is directly tied to pavement deterioration. (See PowerPoint
presentation attached) He said he would like to budget for a hot mix patch truck to repair
potholes.
Ms. Coy said she agreed for the need of a different patch system because she has watched
a hole reappear for third time.
The City Engineer confirmed that Day Drive will be on track for next year for Mr. Gillmor.
Mayor McPartlan asked if the blading of the grass will add longevity to the roads. The City
Engineer said this year he does plan to scrape the grass from the edge of the roadway to
allow better runoff.
Ms. Coy asked the City Engineer to consider making the traffic calming measures at the
same time as the roadway improvements.
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Regular City Council Meeting
April 27, 2016
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Damien Gilliams said he was a big advocate to set money aside for roads, being that the
price of oil is a lot lower, it would be better to borrow at a lower interest rate now to patch
and pave as opposed to reconstruct.
16.079 B. All Aboard Florida Army Corps Comments (Transmittal, Notice, County Attorney
Letters)
The City Manager said Mr. Gillmor approached him about a notice he had received that
there was 21 day comment time for a wetland permit. Coincidently he had a copy of the
County's request for a comment time extension and he distributed a copy of a draft letter
that he could forward to the Army Corp of Engineers at Council's direction.
Mr. Gillmor said he thought there might be some City Engineer comments to the permit.
The City Engineer said the wetland around the crossings is not a large area and the
County's request provides time to comment on the wetland.
The City Manager said in his draft letter he pointed out that the City has not received the
90% or 100% All Aboard Florida plans to comment on; in addition, historical or
archaeological sites have not been identified which might be significantly impacted by the
wetland permit. He recommended the City should request an extension. Mayor McPartlan
agreed that the extension should begin after get the City receives the plans and suggested
bolding that part of the letter.
Ms. Coy asked if there were wetlands within the City. The City Engineer said there are no
identified wetlands within the rail right-of-way but the plans should be reviewed to see if
there will be an impact to the adjacent quiet zone area.
Public Input
Fred Messing said the railroad is coming no matter how many delay tactics happen. He has
seen North Carolina grade crossings with the horn mounted to the crossing gate; grade
crossing accidents are caused by ignorant motorists. He said All Aboard Florida would like
to add a Treasure Coast station and suggested Sebastian lobby for the station that might
attract Amtrak. He said moving the railroad out to the turnpike would be expensive.
He noted at election time, the community will make history because it is the first time a
candidate from Fellsmere or Sebastian might end up on the County Commission.
Ben Hocker, Sebastian, said a year ago he was told by a SJRWMD employee that there
wasn't a permit submitted to work on the double bridges but the two marsh areas would
need to be permitted and the process would take two years. He suggested the City follow
up with SJRWMD and asked if the City was making any money with the
permitting/inspection process as the railroad is installed.
Damien Gilliams, 1623 U.S. 1, asked Council to direct staff to request additional comment
time to address issues indicated in the County's correspondence to make sure the
community is represented, especially those that live near the railroad tracks.
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Ruth Stanbridge, Indian River County Historian, said there is an extension being requested
from the SJRWMD and Army Corp of Engineers. She said in addition to knowing where the
wetlands are, they need to know where the retention areas, detention areas are. She said
the wetlands identified by All Aboard Florida are very minor wetlands that are connected to
other wetlands that were not noted on the plan so it was essential everyone receives the
entire plan to see what they are commenting on and it is correct. She encouraged Council to
request an extension and a public hearing to comment.
Ms. Coy noted the City Manager's letter covers all the requests that have been made
tonight. She said the City is looking for quiet zones that will be as safe as possible. She
said a station was considered on Louisiana Avenue but it probably wouldn't happen.
MOTION by Ms. Coy and SECOND by Mayor McPartlan to expedite his letter to Army Corp
of Engineers and All Aboard Florida.
Roll Call: Ayes: Coy, Gillmor, McPartlan, Adams Nays: None 4-0 (Hill absent)
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda
Graham Cox 1213 George Street, made a formal request for the permit that authorizes the
City to spray, the implementation plan tied to the permit, and other alternative ways the City
may be considering.
John F. Wilson, 932 Rose Arbor Drive, said his yard abuts Garden Club Park and a private
lot that was deeded to City. He said the two lots adjacent to his yard are not maintained by
the City. He contacted Public Works twice and is still waiting. The City Manager said he
would look into it and report back to Council.
William Hunsinger said he served in Army; veterans don't not believe they are exempt from
the rule, but they were asked to take down a sign at the gas station at U.S. 1 and Sebastian
Blvd. because people were complaining; not because it exceeded the permit time which he
couldn't believe because Sebastian is a patriotic town. He said some city ordinances need
to be changed; he would like to put the sign back up. He asked if there truly were
complaints, was it an oversight, or is there an alternative sign that can be put up.
Mayor McPartlan explained the gas station did have an application but expired within 60
days. He said there is a Facade, Sign and Landscape (FSL) grant the station could apply
for to put up a sign indicating veteran ownership. He said as an Army veteran he didn't
necessarily agree with all the rules on the books either, but he can look back to the Uniform
Code of Military Justice (UCMJ) that provides for uniformity for everybody otherwise there
would be chaos.
Mr. Gillmor added the City is in the process of looking at the sign ordinance. Ms. Coy said
there hasn't been discussion about temporary signs but the owner being a veteran has
nothing to do with the removal, only the expiration of the permit. She said currently the time
frame can be enforced, not the wording (veteran owned). She advised them to apply for the
FSL grant to get a permanent sign.
Fred Messing, P.O. Box 964, Roseland, suggested the new sign ordinance allow verbiage
that a business is veteran owned.
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Russ Owen, Guava Street, said underneath his driveway, the drain is clogged up and was
told by the City that is his responsibility to clean the pipe out. He requested the new sump
truck clean his pipe and others down his street.
He also said there is no left turn coming of Cumberland Farms but he was nearly clipped by
a lawn care service as he turned into Cumberland Farms from Sebastian Blvd. He asked
that something be done at that intersection.
Ms. Coy said she inspected the intersection and noted there is a worn left arrow on the
pavement coming out from Cumberland Farms and it is very confusing. Mr. Gillmor agreed
there is an arrow pointing straight across which is incorrect because the road coming from
the realtor is one-way. The City Manager said he would look into it. Mayor McPartlan asked
him to have the Chief do some law enforcement for the left hand turns.
In regard to the Guava Street pipe, the City Manager said a lot of times the pipe is collapsed
and it can't be vacuumed out but he would look into it. He said collapsed pipes are not the
responsibility of the City.
Ben Hocker said last Sunday in the CavCorp parking lot there were over 76 boat trailers and
20 trailers on U.S. 1; the Main Street boat ramp was jammed. He said only 37 boat spots
are planned and during the summer weekends the boaters will be disregarded.
Dale Doelling 246 S. Wimbrow Drive, thanked the City Manager and City Engineer for the
4 -way stop on Wimbrow Drive. It has really made a difference in their neighborhood. The
City Manager added that one of the things that came out of the traffic workshop was that
staff cannot tell where traffic calming is needed; Mr. Doelling came in to request assistance
and the City Engineer determined the signs were needed. The City Manager said there is a
process; staff just needs to know where assistance is needed.
Bob Stephen, 150 Concha, said he was at a Florida Institute of Technology Call to Action for
the Lagoon where Maggie Hershaw advised the public to pick the low hanging fruit and stop
spraying Roundup. He is still waiting for the City's permit to spray Roundup and a copy of
the management plan.
Damien Gilliams commended the Mayor for allowing the public to speak; said if the
Roundup cannot be sprayed on food it shouldn't go into the canals.
Mr. Gilliams said the City cannot set aside $1 M for the canal on one side of town and not the
other; the seawall is part of a city wide system. He said Council should figure out a plan to
fix the canals to help the community otherwise it will be challenged and the City should not
pay for litigation.
Mr. Gilliams said the community is proud of the veterans; there should flags and signs
indicating veteran owned businesses up until the Fourth of July to show community support.
Mayor McPartlan reiterated that Sebastian does support the veterans, the City has a
Veterans Advisory Committee with the City Manager who was a Marine serving as liaison to
the Committee. He also said the City has the largest celebrations for 4t' of July, Memorial
Day, Veterans Day and the City probably receives veterans' preference when hiring. He
advised everybody to fly a U.S. Flag as the veterans have given us the right to fly the flag.
13 of 106
Regular City Council Meeting
April 27, 2016
Page Seven
Ms. Coy said it was funny how circumstances change, she noted 8-9 years ago she asked
for a clambake grant to purchase a flag for the City's triangle and one of the previous
speakers opposed it. She said this Council and City is pro veteran.
Ms. Coy asked the City Manager if the City is spraying Roundup in the waterways. The City
Manager said no. She said the list has been provided to Mr. Cox and Mr. Stephen and she
asked she asked the list be provided again to them. She said throughout Florida other
agencies are using the same herbicides; no one has given the City alternatives; the City is
not using Roundup.
Mr. Gillmor asked for a copy of what is being sprayed, a copy of the permit, and a copy of
the permit for the people spraying. He said the City should reevaluate procedures on a
regular basis. He said he would like to know how often the waterways need to be sprayed
and if there are other alternatives.
Mayor McPartlan offered to ask the Sheriff tomorrow if a chain gang can be used.
Thomas Wesley Bowmen, George Street, asked if the City ever used Roundup noting the
City Engineer said the City was at an environmental meeting and he asked what is going on.
Ms. Coy said the water version of Roundup, which is okay, is called Roundup _??_ (she
couldn't think of the name) which wasn't a smart move by the manufacturer Monsanto. She
said when she met with the City Manager and the herbicide contractor a month ago it was
decided to use another chemical all together. She noted the City Engineer reported using
Roundup _??—which is safe; she is open to another way but she is not willing to have
people say the City is doing something wrong when the City is not.
Andrea Ring asked that while the City Manager is at Cumberland Farms, to look at the right
hand turn that ends at the gas station as people go into the lane and sudden pull out back
into the merged lane. Also she asked if the light can be marked a delayed green, as
opposed to an advanced green when coming from the other direction.
Mark Bondy, George Street, thanked Mr. Gillmor for his statement on the spraying. He said
they are asking for is the herbicide information to come up with a better solution noting they
haven't received it.
12. NEW BUSINESS
16.076 A. Authorize Contracts with DRC Emerqencv Services as Primarv, and TFR
Enterprises. as Secondary for Disaster Debris Removal and Disposal (Transmittal.
Scorinq Sheet, Aqreements)
The City Engineer explained the contracting with companies is a standard practice required
by FEMA before the hurricane season begins.
MOTION by Mr. Gillmor and SECOND by Mayor McPartlan to move staffs approval.
Damien Gilliams asked if staff approves the renewal or City Council. The City Manager said
it is brought back to Council for approval.
14 of 106
Regular City Council Meeting
April 27, 2016
Page Eight
Vice Mayor Adams said three haulers had the same scoring and asked how staff decided.on
the first and second choice. The City Engineer explained on individual categories, the top
two rated higher on some of the categories and when combined, the scores happened to
come out to the same number.
Roll Call: Ayes: Gillmor, McPartlan, Adams, Coy Nays: None 4-0 (Hill absent)
16.077 B. Authorize Continuina Services Aqreement #1 to Hovle. Tanner & Associates to
Survev. Permit. Desian the Boardwalk. Restroom and Shoreline Improvements at the
Workinq Waterfront in the Amount of $33.250.00 (Transmittal. Scope. Fees, CSA)
The City Manager said staff has moved into the design and permitting stage of the
improvements and recommend approval.
Doug Norm, Hoyle Tanner and Associates said they have prepared a scope and a fee that
will include an asphalt turn around area, drainage, and a potential seawall in front of Crabby
Bills.
MOTION by Mr. Gillmor and SECOND by Ms. Coy to move approval.
Ben Hocker said there is already a parking area with road grindings and a boardwalk to the
packing house, the only thing missing is the bulkhead and asked what happened to the
restroom that was to be open to the public. He asked what we have to show for project but
a private business.
Damien Gilliams asked what is the sum the Working Waterfront was up to; it is becoming a
Taj Mahal. He asked when the City will see a return on its investment; subsidizing the
private business is putting others out of business.
Thomas Wesley Bowmen asked what is name that we partner with at the Working
Waterfront and if they turned in their non-profit paperwork. The City Manager replied
Fisherman's Landing Sebastian and they have turned in their annual reports.
Roll Call: Ayes: McPartlan, Adams, Coy, Adams Nays: None 4-0 (Hill absent)
16.078 C. Consider Fine Reduction Associated with Pror)ertv at 100 Drake Wav in Sebastian
Hiahlands (Transmittal. Code Enforcement Order. Calculation)
The City Attorney reported that the property owner was difficult and didn't want to
settle; the property went into foreclosure that was filed three and a half years before
the City's lien. Unfortunately, the Florida Supreme Court has ruled that first in line for
liens wins and the City has lost the right to foreclose.
Under state law, only City Council can only reduce a lien. In the meantime the
property has been brought into compliance which was the original intent and the City
has reached a settlement with the current individuals to make the City whole as to
our cost and expenses with a nominal fine.
Matthew Wiseburg, Attorney for Fannie May, said the City Attorney summarized the
case pretty well and Fannie May agrees to this resolution.
15 of 109
Regular City Council Meeting
April 27, 2016
Page Nine
Richard Beneduce, Beneduce Realty, Listing Agent for Fannie May, said he is
prepared to pay the fine.
Ms. Coy noted the case in the beginning was egregis and the Chamber was packed
with offended neighbors.
MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve the
recommended fine reduction and administrative costs for a total of $8,580.
Damien Gilliams said the message Council is sending is that for less than $100 a
month plus legal fees, you can be in violation for building a non -conforming pool and
let the next person pick up the pieces. He asked what the property is worth because
he sees the residents as partners. He said when a fine is levied; people need to
know the City means it.
Mayor McPartlan said he was in the same camp that the City should take the house
but the City's lien isn't first in line. The City Attorney added the violator no longer
owns the house. Ms. Coy said the neighborhood would be enhanced by having
someone in there and she appreciated the folks that will make it happen.
Roll Call: Ayes: McPartlan, Adams, Coy, Gillmor Nays: None 4-0 (Hill absent)
13. CITY ATTORNEY MATTERS - None
14. CITY MANAGER MATTERS
The City Manager reported the orange safety cones in City Hall's courtyard indicate he is
having the benches and trash receptacles refurbished.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Vice Mavor Jerome Adams
Vice Mayor Adams said he appreciated the members of the public that bring issues to
Council as they are a second set of eyes but he asked that they might also bring solutions;
Council doesn't have all the answers. He asked the public to help Council make it better for
everyone that lives here.
B. Council Member Andrea Cov
Ms. Coy asked for any e-mail correspondence to folks concerned with the herbicide
spraying. She asked the current list be sent to Mr. Cox and Mr. Stephen. The City Manager
noted the list was given to them at the time it was put into a Natural Resources Board
packet.
She thanked everyone involved in the Memory Field Ceremony and recommended the
public attend any future ceremony.
She thanked staff for their work on Earth Day which turned out super. She also thanked
Board Members for the function.
16 of 108
Regular City Council Meeting
April 27, 2016
Page Ten
C. Mavor Bob McPartlan
Mayor McPartlan said recognition is respect made visible, and there hasn't been employee
of the quarter lately but he thanked the Public Works staff for setting up the Memory Field
and Earth Day. He appreciated staff, the police officers, and volunteers interacting with the
public and smiling. He thanked the City Manager for making that happen.
D. Council Member Jim Hill - absent
E. Council Member Richard Gillmor
Mr. Gillmor asked the City Attorney if a public records request has to be in writing. The City
Attorney said it did not and individuals should contact the Clerk. Police records could be
obtained at the Police Department. The City Attorney said the Clerk would be the one to
follow up on the herbicide permit.
17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at
8:28 p.m.
Approved at the May 11, 2016 Regular City Council meeting.
Mayor Bob McPartlan
ATTEST:
Jeanette Williams, City Clerk
iNOW6%1
�CF
SEBASTUV
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: 11 May 2016
Agenda Item Title: Final Plat - Cross Creek Lake Estates Plat Six
Recommendation: Approve Resolution R-16-09.
Background: On May 8, 2013, City Council approved the final plat for Cross
Creek Lake Estates Plat One and Plat Two. At that time, the subdivision consisted of
approximately 115 acres. That Plat included the entire road system, various tracts, and drainage
easements. A number of tracts were identified as "reserved for future development," and were
intended to be `replatted' at a later date. Subsequently, Plats Three, Four, and Five have been
approved. Plat Six is now submitted for final plat approval of Tract O, consisting of seven (7)
additional residential lots. All plats within the subdivision share a common homeowners'
association and are subject to identical deed restrictions, which are on file in the Community
Development Department. Plat Six will bring the Cross Creek Lake Estates total to 102
residential lots in the subdivision, with 32 lots remaining to be platted at a later date.
Staff has verified that the final plat for Cross Creek Lake Estates
Plat Six is in accordance with the preliminary plat. The final plat has been reviewed by David
Jones, (consulting) City Surveyor, Frank Watanabe, City Engineer, IRC Attorney staff, IRC
Property Appraiser Mapping Division staff, and Clerk of the Court recording staff. All have
found the plat to be acceptable.
If Agenda Item Requires Expenditure of Funds: N/A (/f
Administrative Services Department/CFO Review:
Attachments: 1. Resolution R-16-09
2. Cross Creek Lake Estates Plat Six
3. Application
3. Area map
City Manager Authorization: %
Date: 04 May 2016
18 of 106
FROF-1191911 II0la l[ils"�U01101
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A
SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES
PLAT SIX, BEING A REPLAT OF TRACT O OF CROSS CREEK
LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer, on behalf of Cross Creek Lake Estates, Inc., has
filed an application for approval of a final plat for a subdivision known as Cross Creek
Lake Estates Plat Six, being a replat of Tract O of Cross Creek Lake Estates Plat One;
and
WHEREAS, the 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 of the City of
Sebastian, Florida does hereby approve the final plat for Cross Creek Lake Estates Plat
Six prepared by William B. Zentz, P.L.S., bearing the revision date of May 3, 2016.
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 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:
Mayor Bob McPartlan
Vice Mayor Jerome Adams
Councilmember Andrea Coy
Councilmember Richard Gillmor
Councilmember Jim Hill
19 of 106
The Mayor thereupon declared this Resolution duly passed and adopted this 11 `h day of
May, 2016.
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
CITY OF SEBASTIAN, FLORIDA
Bob McFartlan, Mayor
2 20 of 106
CERTIFICATE OF TITLE
STATE OF FLORIDA, COUNTY OF INDIAN RIVER
I, WARREN W. DILL, ESQUIRE, OF DILL & EVANS, P.L. HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE OF THE HEREON
DESCRIBED PROPERTY, AND I FIND THAT THE LANDS AS DESCRIBED AND SHOWN ON THIS PLAT ARE IN THE NAME OF, AND
APPARENT RECORD TITLE 15 HELD BY CROSS CREEK LAKE ESTATES INC., A FLORIDA CORPORATION, AND THAT ALL TAXES
HAVE BEEN PAID ON SAID PROPERTY AS REQUIRED BY SECTION 197.192, FLORIDA STATUTES AS AMENDED, AND THAT
MORTGAGES, LIENS OR OTHER ENCUMBRANCES ARE AS FOLLOWS:
1. MORTGAGE TO MARINE BANK AND TRUST RECORDED IN O.R. BOOK 2120, PAGE 909, O.R. BOOK 2318, PAGE 1665, O.R.
BOOK 2357, PAGE 1673, O.R. BOOK 2363, PAGE 2351, O.R. BOOK 2369, PAGE 1161, O.R. BOOK 2632, PAGE 2086 AND O.R.
BOOK 2901, PACE 2019.
2. COLLATERAL ASSIGNMENT OF LEASES, RENTS AND PROFITS RECORDED IN 0.R. BOOK 2120, PAGE 922.
3. UCC/FINANCING STATEMENT RECORDED IN O.R. BOOK 2120, PAGE 927, WITH CONTINUATICN RECORDED IN O.R. BOOK 2512,
PAGE 1055.
4. DECLARATION OF COVENANTS AND RESTRICTIONS ON LAND RECORDED IN O.R. BOOK 1749, PAGE 400.
5. CROSS ACCESS EASEMENT RECORDED IN O.R. BOOK 2571, PAGE 1361.
6, JOINT DRAINAGE AND UTILITY EASEMENT RECORDED IN O.R. BOOK 2571, PAGE 1331.
7. ACCESS AND USE AGREEMENT RECORDED IN O.R. BOOK 2571, PAGE 1371.
8. DECLARATION OF CONDITIONS, COVENANTS, EASEMENTS AND RESTRICTIONS RECORDED IN O.R. BOOK 2665, PAGE 1264 AND
FIRST AMMENDMENT RECORDED IN O.R. BOOK 2736, PAGE 465.
9. ALL MATTERS CONTAINED ON THE PLAT OF CROSS CREEK LAKE ESTATES PLAT ONE, AS RECORDED IN PLAT BOOK 26,
PAGE 70, AS AFFECTED BY RESOLUTION NO. 2013-043 RECORDED IN O.R. BOOK 2675, PAGE 1952, ALL MATTERS CONTAINED
ON THE PLAT OF CROSS CREEK LAKE ESTATES PLAT THREE AS RECORDED IN PLAT 800K 26, PAGE 86, AND ALL MATTERS
CONTAINED ON THE PLAT OF CROSS CREEK LAKE ESTATES PLAT FIVE AS RECORDED IN PLAT BOOK 27, PAGES 31 AND 32.
ALL OF THE ABOVE INSTRUMENTS RECORDED IN THE PUBLIC RE
RD5 OF INDIAN RIVER COUNTY, FLORIDA.
THIS SEARCH IS UP TO AND INCLUDING MA-?eeY 2 2arCQ�
WARREN W. OPLL, ESQUIRE OAS
CERTIFICATE OF DEDICATION
STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF SEBASTIAN
KNOW ALL MEN BY THESE PRESENTS, THAT CROSS CREEK LAKE ESTATES INC., A FLORIDA CORPORATION, FEE SIMPLE OWNER
OF THE LAND DESCRIBED AND PLATTED HEREIN AS CROSS CREEK LAKE ESTATES PLAT SIX, BEING IN THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, HAS CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DOES
HEREBY ACKNOWLEDGE THE DEDICATIONS AS SHOWN ON CROSS CREEK LAKE ESTATES PLAT ONE, AS RECORDED IN PLAT BOOK
26, PAGES 70 THROUGH 73, PUBUC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND DEDICATES AS FOLLOWS:
1. UTILITY EASEMENTS
THE UTILITY EASEMENTS AS SHOWN WERE PREVIOUSLY DEDICATED ON CROSS CREEK LAKE ESTATES PLAT ONE, AS RECORDED
IN PLAT BOOK 26, PAGES 70 THROUGH 73, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA IN PERPETUITY TO INDIAN
RIVER COUNTY, FLORIDA, AND THE CITY OF SEBASTIAN FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION
OF UTILITIES BY ANY UTILITY PROVIDER, IN COMPLIANCE WITH SUCH ORDINANCES AND REGULATIONS AS MAY BE ADOPTED
FROM TIME TO TIME BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AND THE CITY OF
SEBASTIAN CITY COUNCIL. THE UTILITY EASEMENTS AS SHOWN ARE ALSO EASEMENTS FOR THE CONSTRUCTION, INSTALLATION,
MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES, PROVIDED, HOWEVER', NO SUCH CONSTRUCTION, INSTALLATION,
MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN
ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITY
OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. SUCH CONSTRUCTION, INSTALLATION,
MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES SHALL COMPLY WITH THE NATIONAL ELECTRICAL SAFETY CODE
AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION.
FRONT YARD UTILITY EASEMENTS ARE SUBJECT TO THE RIGHT OF EACH LOT TO HAVE A DRIVEWAY FOR INGRESS AND EGRESS
AS APPROVED BY THE CITY OF SEBASTIAN.
THE UTILITY EASEMENTS DEPICTED ON THIS PLAT HAVE BEEN ACCEPTED BY RESOLUTION 2013-043 OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY AND RECORDED AT OFFICIAL RECORDS BOOK 2675, PAGE 1952, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA.
2. DRAINAGE EASEMENTS
DRAINAGE EASEMENTS AS SHOWN WERE PREVIOUSLY DEDICATED ON CROSS CREEK LAKE ESTATES PLAT ONE, AS RECORDED IN
PLAT BOOK 26, PAGES 70 THROUGH 73, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA IN PERPETUITY TO CROSS CREEK
LAKE ESTATES HOMEOWNERS' ASSOCIATION, INC. FOR CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACILITIES AS PART OF
THE STORMWATER MANAGEMENT SYSTEM. THE CITY GF SEBASTIAN IS GRANTED THE RIGHT TO USE AND GRAIN INTO THE
EASEMENTS AND ALSO GRANTED THE RIGHT, BUT NOT THE OBLIGATION, TO PERFORM EMERGENCY MAINTENANCE ON THE
EASEMENTS.
E1I==iIL►T.I'1'7�IX;1�►31tt1�iT14I�3���Ys!ly�lt:
STORMWATER MAINTENANCE EASEMENTS AS SHOWN WERE PREVIOUSLY DEDICATED ON CROSS CREEK LAKE ESTATES PLAT ONE,
AS RECORDED IN PLAT BOOK 26, PAGES 70 THROUGH 73, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA IN PERPETUITY
TO CROSS CREEK LAKE ESTATES HOMEOWNERS' ASSOCIATION, INC. TO PERFORM MAINTENANCE ON THE STORMWATER TRACTS.
THE CITY OF SEBASTIAN IS GRANTED THE RIGHT TO USE THE EASEMENTS TO PERFORM EMERGENCY MAINTENANCE ON THE
TRACTS. THE INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT HAS THE RIGHT OF ENTRY UPON THESE TRACTS FOR THE
LIMITED PURPOSES OF INSPECTION, PREVENTION OR TREATMENT OF MOSQUITO INFESTATIONS, AS ALLOWED BY LAW.
IN WITNESS WHEREOF, THE ABOVE NAMED CORPORATION HAS CAUSED THESE PRESENTS TO BE SIGNED BY HENRY A. FISCHER,
PRESIDENT OF CROSS CREEK LAKE ESTATES INC., A FLORIDA CORPORATION, BY AND WITH THE AUTHORITY OF ITS BOARD OF
DIRECT0R5.
THIS DAY OF M AV , 2016. // /
WITNES'�►(y ''Z fZ WITNESS
By-,fa;.!,
HENRY S , PRESIDENT PRINT NAME: J Vw.2) II/ PRINT NAME: .k&p L. Bs3C -
A PLAT OF
GROSS CREEK LAKE ESTATES PLAT SIX
A SUBDIMSION IN THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTIGN 30. TOWNSHIP 31 SOUTH, RANGE 39 EAST. IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA BEING A
REPLAT OF TRACT "0", CROSS CREEK LAKE ESTATES PLAT ONE, AS RECORDED IN PLAT BOOK 26, PAGES 70 THROUGH 73, OF THE PUBLIC RECCRDS OF INDIAN RIVER COUNTY, FLORIDA.
ACKNOWLEDGMENT TO CERTIFICATE OF DEDICATION
STATE OF FLORIDA, COUNTY OF INDIAN RIVER
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 4*DAY OF(r1PF4 2016, BY HENRY A. FISC APRESIDENT OF CROSS CREEK LAKE ESTATES INC., A FLORIDA CORPORATION, ON BEHALF OF THE CORPORATION. HE
PERSONALLY KNOWN TO ME.
♦ 'k
NOTARY PUBLIC : COMMISSION No. F 152621 �► `
PRINT NAME : -, QIP QAJCti EXPIRATION DATE �� ��• lB
CLERK OF THE CROSS CREEK LAKE MARINE BANK
CITY OF SEBASTIAN CITY SURVEYOR SURVEYOR 000(CIRCOURT ESTA S INC. & ST
DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF SOUTH 1/2 OF THE NORTHWEST 1/4 OF
SECTION 30, TOWNSHIP 31 SOUTH RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID
PARCEL BEING A PORTION OF TRACT '0', OF CROSS CREEK LAKE ESTATES PLAT ONE,
AS RECORDED IN PLAT BOOK 26, PAGES 70 THROUGH 73, OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID CROSS CREEK LAKE ESTATES PLAT
ONE, SAID POINT BEING THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID
SECTION 30, PROCEED NORTH 89.49'36" EAST ALONG THE SOUTH LINE OF SAID PLAT A
DISTANCE OF 1140.94 FEET; THENCE NORTH 00'10'24" WEST A DISTANCE OF 65.00 FEET
TO A POINT ON THE NORTH RIGHT-OF-WAY (R/W) UNE OF YEARLING TRAIL (A 65 FOOT
WIDE PRIVATE R/W) AND SOUTHEAST CORNER OF TRACT "B" OF SAID PLAT, SAID POINT
BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE
NORTH 00'10'24" WEST ALONG THE EAST UNE OF SAID TRACT "B" A DISTANCE OF
175.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 'B', SAID POINT LYING ON THE
SOUTH UNE OF TRACT "A" OF SAID PLAT; THENCE PROCEED THE FOLLOWING THREE
COURSES ALONG THE SOUTH AND WEST LIMITS OF SAID TRACT "A": NORTH 89'49'36"
EAST A DISTANCE OF 624.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90'09'33 A DISTANCE OF 78.68
FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00'00'50" EAST A DISTANCE OF
189.86 FEET TO A POINT ON THE SOUTH LNE OF SAID PLAT OF CROSS CREEK PLAT
ONE; THENCE SOUTH 89'49'36" WEST A DISTANCE OF 141.42 FEET TO A POINT ON SAID
NORTHERLY R/W UNE OF YEARLING TRAIL, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 100.00 FEET, SAID POINT HAVING A
RADIAL LINE BEARING SOUTH 69'20'22" WEST; THENCE NORTHWESTERLY ALONG SAID
CURVED R/W LINE THROUGH A CENTRAL ANGLE OF 69'30'46", A DISTANCE OF 121.32
FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89'49'36" WEST ALONG SAID NORTH
R/W UNE A DISTANCE OF 439.00 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINS 2.95 ACRES, MORE OR LESS.
CERTIFICATE OF SURVEYOR
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING A DULY LICENSED
AND REGISTERED LAND SURVEYOR, DOES HEREBY CERTIFY THAT ON FEBRUARY 25, 2016
HE COMPLETED THE SURVEY OF THE LANDS AS SHOWN IN THE FOREGOING PLAT; THAT
SAID PLAT WAS PREPARED UNDER HIS DIRECTION AND SUPERVISION AND THAT THE PLAT
COMPLIES NTH ALL THE SURVEY REQUIREMENTS OF PART 1, CHAPTER 177, FLORIDA
STATUTES; THAT SAID PLAT IS A CORRECT REPRESENTATION OF THE LANDS THEREIN
DESCRIBED AND PLATTED OR SUBDIVIDED; THAT PERMANENT REFERENCE MONUMENTS,
PERMANENT CONTROL POINTS AND LOT CORNERS HAVE BEEN SET AS SHOWN THEREON
AS REQUIRED BY CHAPTER 177, FLORIDA STATUTES AND ARTICLE XIX, SUBDIVISION, LAND
DEVELOPMENT CODE, CITY OF SEBASTIAN; AND THAT SAID LAND IS LOCATED IN THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA.
11 5 a r21
WILLIAM B. ZENTZ, P.L.S"-y PROFESSIONAL LAND SURVEYOR DATE
REGISTRATION No. 5276, STATE OF FLORIDA
WILLIAM B. ZENTZ & ASSOCIATES, INC. - 684 OLD DIXIE HIGHWAY
VERO BEACH, FL 32962 (772) 567-7552 LB No. 6840
CITY SURVEYOR'S CERTIFICATE
THIS PLAT OF CROSS CREEK LAKE ESTATES PLAT SIX HAS BEEN REVIEWED BY THE
UNDERSIGNED PROFESSIONAL SURVEYOR AND MAPPER EMPLOYED BY THE CITY OF
SEBASTIAN, WHO HEREBY CERTIFIES THAT THIS PLAT CONFORMS TO THE REQUIREMENTS
OF CHAPTER 1/77 FLORIDA STATUTES.
DAVID M. JONES, FI-qKlDA PROFESSIONAL D
LAND SURVEYOR, CERTIFICATE NO. 3909
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TRACT 'A' THIS PLAT% RACT F'
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ZONING: RS -10 LIFT STATIIIION EASEMENT] LAND USE: RES
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LOCATION SKETCH e �
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CERTIFICATE OF APPROVAL AND
PLAT BOOK
PAGE
DOCKET N0.
\ THIS INSTRUMENT PREPARED BY:
WILLIAM B. ZENTZ
PROFESSIONAL LAND SURVEYOR #5276
WILLIAM B. ZENTZ & ASSOCIATES, INC.
t 684 OLD DIXIE HIGHWAY
VERO BEACH, FL 32962
1 LICENSED BUSIN.E55 (LB) #6040
(772) 567-7552
ACCEPTANCE BY CITY COUNCIL
THIS 15 TO CERTIFY THAT ON THIS PLAT WAS APPROVED BY THE CITY OF SEBASTIAN CITY
COUNCIL AND THE EASEMENTS DEDICATED TO THE CITY AS SHOWN HEREON AND ON CROSS CREEK LAKE ESTATES
PLAT ONE, AS RECORDED IN PLAT BOOK 26, PAGES 70 THROUGH 73, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA ARE ACCEPTED AND ACKNOWLEDGED.
MAYOR CITY ENGINEER
PRINT NAME FRANK WATANABE, P.E.,
CITY CLERK CITY ATTORNEY
JEANETTE WILLIAMS ROBERT A. GINSBURG
(ATTEST TO MAYORS SIGNATURE)
CLERK'S CERTIFICATION
STATE OF FLORIDA, COUNTY OF INDIAN RIVER
I, CLERK OF CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, DO HEREBY CERTIFY THAT f HAVE EXAMINED THIS
PLAT Of CROSS CREEK LAKE ESTATES PLAT SIX, AND THAT IT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER
177 OF THE LAWS OF FLORIDA, THIS PLAT WAS FILED FOR RECORD THIS DAY OF 2016, AND
RECORDED ON PAGE OF PLAT BOOK IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN
RIVER COUNTY, FLORIDA.
JEFFREY R. SMITH, CLERK OF COURT
BY: DATE:
DEPUTY CLERK OF CIRCUIT COURT, INDIAN RIVER COUNTY, FLORIDA
MORTGAGEES CONSENT
STATE OF FLORIDA COUNTY OF INDIAN RIVER
THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE UPON THE PROPERTY DESCRIBED
HEREON AND ODES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE LAND DESCRIBED IN SAID DEDICATION
BY THE OWNER THEREOF AND AS DEDICATED ON CROSS CREEK LAKE ESTATES PLAT ONE, AS RECORDED IN PLAT
BOOK 26, PAGES 70 THROUGH 73, CROSS CREEK LAKE ESTATES PLAT THREE AS RECORDED IN PLAT BOOK 26, PAGES
86 AND 87, AND CROSS CREEK LAKE ESTATES PLAT FIVE AS RECORDED IN PLAT BOOK 27, PAGES 31 AND 32, OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND AGREES THAT ITS MORTGAGE, LIENS OR OTHER
ENCUMBRANCES WHICH ARE RECORDED IN OFFICIAL RECORDS BOOK 2124, PAGE 909, D -R. BOOK 2318, PAGE 1665,
O.R. BOOK 2357, PAGE 1673, O.R. BOOK 2363, PAGE 2351, O.R. BOOK 2369, PAGE 1161, O.R. BOOK 2632, PAGE
2086, O.R. BOOK 2901, PAGE 2019, O.R. BOCK 2120, PAGE 922 AND O.R. BOOK 2120, PAGE 927 WITH CONTINUATION
IN O.R. BOOK 2512, PAGE 1055, ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SHALL BE
SUBORDINATED TO THE DEDICATION SHOWN HEREON AND ON CROSS CREEK LAKE ESTATES PLAT ONE, PLAT THREE
AND PLAT FIVE.
IN WITNESS WHEREOF, THE SAID BANK HAS CAUSED THE PRESENTS TO BE SIGNED BY ITS ('YP.tt.,o AND ITS
CORPORATE SEAL TO BE AFFIXED HEREON BY AND WITH THE AUTHORITY OF fT5 BOARD OF DIRECTORS THIS
+4M DAY OF m +►v 2016.
MARINE ANK AND TRUST COMPANY
BY PRINT NAME c LiRiav C. �swlC�
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS�DAY OF 14A 2016
BY �%� G , EP - Goo. OF MARINE BANK AND TRUST COMPANY ON�EHALF OF THE
BANK. HE IS(r.riSUNALLY KNU TO M;)OR HAS PRODUCED AS IDENTIFICATION.
NOTARY PUBLIC(�� ,b-L�, PRINT NAME : , be,
COMMISSION No. kor
%`�l�ia. EXPIRATION DATE
NOTICES:
1. THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS
DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES 8E SUPPLANTED IN AUTHORITY BY ANY OTHER
GRAPHIC DR DIGITAL FORM OF THE PLAT.
2. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
3. N0 CONSTRUCTION, TREES OR SHRUBS 1MLL BE PLACED IN EASEMENTS WITHOUT CITY OF SEBASTIAN APPROVAL.
4. ROUTINE MAINTENANCE (E.G. MOWING, ETC.) OF EASEMENTS SHALL BE THE RESPONSIBILITY
OF THE LOT/PROPERTY OWNER(S) AND NOT THE CITY OF SEBASTIAN.
5. PROPERTY OWNERS ARE PROHIBITED FROM PLANTING ANY CARIBBEAN FRUIT FLY AND CITRUS GREENING
HOST PLANTS AS SPECIFIED HEREON AND ARE REQUIRED TO REMOVE SAME IF ANY EXISTS: GATTLEY GUAVA,
COMMON GUAVA, LOQUAT, ROSE APPLE, SURINAM CHERRY, CHINESE BOX ORANGE AND ORANGE JASMINE.
6. DECLARATION OF CONDITIONS, COV@HANTS, EASEMENTS AND RESTRICTIONS AFFECTING THE OWNERSHIP
OR USE OF THE PROPERTY SHOWN IN THIS PLAT ARE FILED IN OFFICIAL RECORDS BOCK 2665, PAGE
1264, AND FIRST AMMENDMENT RECORDED IN O.R. BOOK 2736, PAGE 465 ALL OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
DATE REVISION SHEET
5/3/16 CITY SURVEYOR COMMENTS
DATE OF PREPARATION: APRIL 5, 2016
1 21206
OF SHEETS
INDEX/ZONING MAP
1 "9400'
ZONING: RS -1C
LAND USE: RES
cn
RUNG TRAIL
s
109
a�1098TR.'€
6
N
[�
7
Y
J
a
ce
z
0
IgI7Igg4l3I2II�TR,'D a 3 2'1
BLOCK 4 12 5 n
11 & Y
10 7
TRACT 'M' 9 6
T� ZONING: RS -10 LANO USE: RES TRACT 'A'
TRACT 'A' THIS PLAT% RACT F'
TRACT '0A
TRACT 'N' ETR.'B'I1 I2I31415 6 7 TR. 'K"
ZONING: RS -10 LIFT STATIIIION EASEMENT] LAND USE: RES
TR.
TR. V'
Z
N
BARBER ST.]tZ70t `A VE.
THIS PLAT--4zr
85th ST.
LOCATION SKETCH e �
(NOT TO SCALE)
CERTIFICATE OF APPROVAL AND
PLAT BOOK
PAGE
DOCKET N0.
\ THIS INSTRUMENT PREPARED BY:
WILLIAM B. ZENTZ
PROFESSIONAL LAND SURVEYOR #5276
WILLIAM B. ZENTZ & ASSOCIATES, INC.
t 684 OLD DIXIE HIGHWAY
VERO BEACH, FL 32962
1 LICENSED BUSIN.E55 (LB) #6040
(772) 567-7552
ACCEPTANCE BY CITY COUNCIL
THIS 15 TO CERTIFY THAT ON THIS PLAT WAS APPROVED BY THE CITY OF SEBASTIAN CITY
COUNCIL AND THE EASEMENTS DEDICATED TO THE CITY AS SHOWN HEREON AND ON CROSS CREEK LAKE ESTATES
PLAT ONE, AS RECORDED IN PLAT BOOK 26, PAGES 70 THROUGH 73, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA ARE ACCEPTED AND ACKNOWLEDGED.
MAYOR CITY ENGINEER
PRINT NAME FRANK WATANABE, P.E.,
CITY CLERK CITY ATTORNEY
JEANETTE WILLIAMS ROBERT A. GINSBURG
(ATTEST TO MAYORS SIGNATURE)
CLERK'S CERTIFICATION
STATE OF FLORIDA, COUNTY OF INDIAN RIVER
I, CLERK OF CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, DO HEREBY CERTIFY THAT f HAVE EXAMINED THIS
PLAT Of CROSS CREEK LAKE ESTATES PLAT SIX, AND THAT IT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER
177 OF THE LAWS OF FLORIDA, THIS PLAT WAS FILED FOR RECORD THIS DAY OF 2016, AND
RECORDED ON PAGE OF PLAT BOOK IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN
RIVER COUNTY, FLORIDA.
JEFFREY R. SMITH, CLERK OF COURT
BY: DATE:
DEPUTY CLERK OF CIRCUIT COURT, INDIAN RIVER COUNTY, FLORIDA
MORTGAGEES CONSENT
STATE OF FLORIDA COUNTY OF INDIAN RIVER
THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE UPON THE PROPERTY DESCRIBED
HEREON AND ODES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE LAND DESCRIBED IN SAID DEDICATION
BY THE OWNER THEREOF AND AS DEDICATED ON CROSS CREEK LAKE ESTATES PLAT ONE, AS RECORDED IN PLAT
BOOK 26, PAGES 70 THROUGH 73, CROSS CREEK LAKE ESTATES PLAT THREE AS RECORDED IN PLAT BOOK 26, PAGES
86 AND 87, AND CROSS CREEK LAKE ESTATES PLAT FIVE AS RECORDED IN PLAT BOOK 27, PAGES 31 AND 32, OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND AGREES THAT ITS MORTGAGE, LIENS OR OTHER
ENCUMBRANCES WHICH ARE RECORDED IN OFFICIAL RECORDS BOOK 2124, PAGE 909, D -R. BOOK 2318, PAGE 1665,
O.R. BOOK 2357, PAGE 1673, O.R. BOOK 2363, PAGE 2351, O.R. BOOK 2369, PAGE 1161, O.R. BOOK 2632, PAGE
2086, O.R. BOOK 2901, PAGE 2019, O.R. BOCK 2120, PAGE 922 AND O.R. BOOK 2120, PAGE 927 WITH CONTINUATION
IN O.R. BOOK 2512, PAGE 1055, ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SHALL BE
SUBORDINATED TO THE DEDICATION SHOWN HEREON AND ON CROSS CREEK LAKE ESTATES PLAT ONE, PLAT THREE
AND PLAT FIVE.
IN WITNESS WHEREOF, THE SAID BANK HAS CAUSED THE PRESENTS TO BE SIGNED BY ITS ('YP.tt.,o AND ITS
CORPORATE SEAL TO BE AFFIXED HEREON BY AND WITH THE AUTHORITY OF fT5 BOARD OF DIRECTORS THIS
+4M DAY OF m +►v 2016.
MARINE ANK AND TRUST COMPANY
BY PRINT NAME c LiRiav C. �swlC�
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS�DAY OF 14A 2016
BY �%� G , EP - Goo. OF MARINE BANK AND TRUST COMPANY ON�EHALF OF THE
BANK. HE IS(r.riSUNALLY KNU TO M;)OR HAS PRODUCED AS IDENTIFICATION.
NOTARY PUBLIC(�� ,b-L�, PRINT NAME : , be,
COMMISSION No. kor
%`�l�ia. EXPIRATION DATE
NOTICES:
1. THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS
DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES 8E SUPPLANTED IN AUTHORITY BY ANY OTHER
GRAPHIC DR DIGITAL FORM OF THE PLAT.
2. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
3. N0 CONSTRUCTION, TREES OR SHRUBS 1MLL BE PLACED IN EASEMENTS WITHOUT CITY OF SEBASTIAN APPROVAL.
4. ROUTINE MAINTENANCE (E.G. MOWING, ETC.) OF EASEMENTS SHALL BE THE RESPONSIBILITY
OF THE LOT/PROPERTY OWNER(S) AND NOT THE CITY OF SEBASTIAN.
5. PROPERTY OWNERS ARE PROHIBITED FROM PLANTING ANY CARIBBEAN FRUIT FLY AND CITRUS GREENING
HOST PLANTS AS SPECIFIED HEREON AND ARE REQUIRED TO REMOVE SAME IF ANY EXISTS: GATTLEY GUAVA,
COMMON GUAVA, LOQUAT, ROSE APPLE, SURINAM CHERRY, CHINESE BOX ORANGE AND ORANGE JASMINE.
6. DECLARATION OF CONDITIONS, COV@HANTS, EASEMENTS AND RESTRICTIONS AFFECTING THE OWNERSHIP
OR USE OF THE PROPERTY SHOWN IN THIS PLAT ARE FILED IN OFFICIAL RECORDS BOCK 2665, PAGE
1264, AND FIRST AMMENDMENT RECORDED IN O.R. BOOK 2736, PAGE 465 ALL OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
DATE REVISION SHEET
5/3/16 CITY SURVEYOR COMMENTS
DATE OF PREPARATION: APRIL 5, 2016
1 21206
OF SHEETS
A PLAT OF
CROSS GREEK LAKE
ESTATES PLAT SIX
A SUBDIVISION IN THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST, IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
BEING A REPLAT OF TRACT "0', CROSS CREEK LAKE ESTATES PLAT ONE, AS RECORDED IN PLAT BOOK 26. PAGES 70 THROUGH 73, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
PLAT BOOK
PAGE
DOCKET No,
GPS -110
N 1245863.247
E 827061.074
NOTICE PUBLISHED
THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM IS THE OFFICIAL S89'52'23"E 2200.23'
DEPICTION OF THE SUBDIMDED LANDS DESCRIBED HEREIN AND----------��----------
1MLL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY i
ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. f
GPS -109
THERE EMAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON i'b''� N 1245858.377
THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. ��� E 829261.295
� PUBLISHED
i
i�
i
#y� TRACT :4' - STORMWATER MANAGEMENT -CROSS CREEK LAKE ESTATES PLAT ONE - (P.8.1. 26, PGS. 70--73)
ip
N 1244583.352 i�tz- 10' STORMWATER MAINTENANCE EASEMENT -
F 825998.510 1g (P.B.I. 26, PGS. 70-73)
N89'49'36'E LIMITS OF TRACT 'A'_ _ _ 624.62' _
90.00' 90.00' 90.00, 90.00' 169.26' 155.37' - - - - `!�
210.00' N.E.' _ -'-
COR. TRACT '0' I - - - -
---------------------------------
TRACT ,a,--------�-_�_ -
2.95 AC. ±
^ I
10' O.E.
B L O C K 7
� L-
z o TRACT 'B` (P.B.I. 26, I w w Ld w:I i
STORMWATER PGS. 70-73) I N N co Z N 0
LD
a MANAGEMENT I o 2 '.J 4 0 5 ti
L. UNE TRACT `D' r n r r
N (P. 9. 1. 26, PGS. 70-73) I r vai 0 Q
a civ
C-4
co
0
P.0.B. o I 10' U.E. cn �vh
o N 1244408.353 p I (P.B.I. 26,
E 825999.039 Z PGS. 7C-73
------------------------I---------------------,--.�_-- --------------� 7
210.00' I 90.00' 90.00' 90.Q0 90.00' 79.OQ' C2
I oQ' N S.E. COR. TRACT 'a'i N 589'49`36"W R/� LINE - 439.00' O3 \
v N89'49'36'E - -a 1504.48'
FND. WITNESS PCP o C) H o YEARLING TRAIL (PRIVATE 25' PCP Cp` D. C'r\ FND. PRM
(DUE TO MANHOLE) 01� a 0 b. \PCP \ L8 7545
zl (P.B.I. 26, PGS. 70-73) N I
- N89'49'36"E S LINE GROSS CREEK LAKE ESTATES PLAT ONE 1140.94' -�+ 2_5' 155.45' � 7.34
BEARING BASIS - PER P.91 26, PCS 70-73 wl4'63� 1 599'49'36"W 141.42'
FIND. RM "LB 6840" U N P L A T T E D TRACT 'I' ~
S.W. COR. CROSS CREEK LAKE ESTATES PLAT ONE LIFT STATION � CROSSLCBREFKLAOKE ESTATES
P.B.I. 26, PGS. 70-73 LOT 1, BLOCK 9 PLAT FOUR
5. W. COR. OF N.W. COR. SECTION 30 (P.B.I. 26, CROSS CREEK LAKE ESTATES p_8 26, PG. 88
PGS. 70-73) PLAT rOUR
P.B.I. 26, PG. 88
LEGEND;
o =SET PERMANENT REFERENCE MONUMENT
(4"x4"CONCRETE MONUMENT WITH MAG NAIL &
FND. -BRASS DISK STAMPED `PRM W8Z LB 6840')
PCP o -FOUND PERMANENT CONTROL POINT -MAG NAIL
& BRASS DISK STAMPED 'PCP WBZ LB 6840"
n =LOT CORNER -SET 5/8°IRON ROD WITH CAP
"WBZ ASSOC. LB 6840"
P.B.I.=PLAT BOOK INDIAN RIVER COUNTY RECORDS
P.R.M.=PERMANENT REFERENCE MONUMENT
P.O.C.=POINT OF COMMENCEMENT
P.O.B.=POINT OF BEGINNING
U.E.=UTIUTY EASEMENT
D.E.=DRAINAGE EASEMENT
R/W=RIGHT OF WAY
R=RADIUS
G -_CENTRAL ANGLE
L=ARC LENGTH
CHD=CHORD
C.B.=CHORD BEARING
(NR)=NON-RADIAL
(R)=RADIAL
FND.=FOUND
COR.=CORNER
GRAPHIC SCALE
40 0 20 40 80 160
LAL_L:_ -I III I I III I II
(IN FEET) 1 INCH = 40 FT.
SURVEYORS NOTES:
BEARINGS AND COORDINATES SHOWN HEREON ARE REFERENCED TO THE FLORIDA
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83/90 DATUM, BASED
ON FIELD TRAVERSE FROM GPS 109 AND GPS 110 CONTROL STATIONS.
MONUMENTED LINE OF REFERENCE 15 THE NORTH LINE OF THE SOUTH 1/2
OF THE NORTHWEST 1/4 OF SECTION 30-31-39, HAVING A GRID BEARING
OF NORTH 8943'26" EAST.
2. THIS PLAT LIES IN FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP
No. 12061CO090 E AND 12061CO113H, DATED DECEMBER 4, 2012.
THIS INSTRUMENT PREPARED BY:
WILLIAM B. ZENTZ
PROFESSIONAL LAND SURVEYOR #5276
WILLIAM B. ZENTZ & ASSOCIATES, INC.
684 OLD DIXIE HIGHWAY
VERO BEACH, FL 32962
LICENSED BUSINESS (LB) #6840
(772) 587-7552
R=50.00'
6=90'09'33'
L-78.68'
CHD=70.81'
CB=N45'05'37'W
I
CURVE TABLE
I
ICURVE RADIUS DELTA LENGTH
CHORD
CHORD BRG. I
ICI
75.00' 62'10'55" 81.40'
77.46'
N59'04'56'WI
IC2
100.00' 6'18'46" 10.96'
10.95'
N87'02'01 *W I
IC3
100.00' 3419'11" 59.90'
59.01'
N66'44'C2"WI
IC4
100.OG' 28'5449" 50.46'
49.93'
N35'07'02"WI
IC5
100.00' 69'30'46" 121.32'
114.02'
N55'25'C1"W I
IC6
50.00' 46'53'27" 40.92'
39,79'
N66'43'40"WI
IC7
50.00' 43'16'07" 37.76'
36.87'
N21'38'54"W I
DATE OF PREPARATION: APRIL 5, 2016
I DATE REVISION SHEET
1 5/3/16 CITY SURVEYOR COMMENTS
2
0 F
'92 d�'tpp6
SHEE75
Cry q
SIEIDAS
Permit Application No.
NOME OF PEUUIN ISLAND City of Sebastian
Development Order Application
Applicant (If not owner, written authorization (notarized) from owner Is required)
Name: Mr. Henry (Hank) A. Fischer -Cross Creek Lake Estates, Inc.
Address: P.O. Box 780068, Sebastian, Florida 32978
Phone Number: (772) 589-3159
E -Mail: hfischer@wedigflorida.com
Owner (if different from applicant)
Name: SAME AS APPLICANT
Address:
Phone Number:
E -Mail:
Title of permit or action requested:
FAX Number: (772) 589-7731
FAX Number: ( ) -
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): Cross Creek Lake Estates Plat six
B. Site Information
Address: 9045 70'n Avenue, Sebastian, Florida 32958
Lot: Block: Unit: Subdivision:
Indian River County Parcel #: 31-39-30-00002-0000-00000.1
Zoning Classification: RS -10 Future Land Use: Residential
Existing Use: Residential
Proposed Use: Residential
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarv):
Final Plat for Cross Creek Lake Estates Block 7. Lots 1-7 (AKA "Plat Six")
DATE RECEIVED: IfQ /l(o FEE PAID: $ 5bO. co RECEIVED
4*1.5-7o RECEIVED
{00038705.DOC.1 } /`, "0$23 of 106
Ci'y c,` S2Dost;an
D. Project Personnel:
_ Arc ent: Cross Creek Lake Estates, Inc.
Name: Mr. Henry A. Fischer (Hank)
Address: P.O. Box 780068, Sebastian, Florida 32958
Phone Number: (772) 589-3159
E -Mail: hfischer@wedigflorida.com
Attorney: Dill & Evans, P.L.
Name: Warren W. Dill
Permit Application No.
FAX Number: (772) 589-7731
Address: 1565 US Highway 1, Sebastian, Florida 32958
Phone Number (772) 589-1212 FAX Number: (772) 589-5212
E -Mail: wdilldelaw@bellsouth.net
Engineer: MBV Engineering, Inc.
Name: Aaron Bowles, P.E.
Address: 1835 20"' Street, Vero Beach, Florida 32960
Phone Number: (772) 569-0035 FAX Number: (772) 778-3617
E -Mail: aaronb@mbveng.com
Surveyor: W.B. Zentz & Associates, Inc.
Name: Bill Zentz, PSM
Address: 684 Old Dixie Hwy, Vero Beach, Florida 32960
Phone Number. (772) 567-7552
E -Mail: billz-wbz@comcast.net
FAX Number: (772) 567-1751
I, WARREN W. DILL, BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _I AM THE OWNER X I AM THE LEGAL
REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND
THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO
THE BEST OF MY KNOWLEDGE AND BELIEF.
,,NATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY WARREN W. DILL
WHO IS PERSONALLY KNOWN TQ ME OR PRODUCED
AS IDENTIFICATION, THIS (rte DAY OF is Inc -v\ 2016.
NOTARY'S SIGNATURE 0 0�
v
PRINTED NAME OF NOTARY O UCIL
COMMISSION NO./EXPIRATION F'F i 5Z. Z
,\�Sp0EE18UCK
� �1SSIOry'•. ����i
vo 0�ber i9, O�
l• \ q.
:
SEAL:
Sit : �•w
y : OFF 152521
i0• h.@'�
/C 5� �of
106
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.
INVE, _ THE OWNER(S) / X 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 IME 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 PROMISES MADE, BY ANY EMPLOY E, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN,
SIGNATURE DATE
Sworn to and subscribed before me by Warren W. Dill
who is personally known to me or produced
as Identification, Is & day of A nor► 1 2016.
Notary's Signature
Printed Name of Notary G.\L
Commission No./Expiration vzc:- 7 I C, �5z slj • 19. 14'�
Seal:
eS\ON F. Ypi9•.
n9z 59.20��FJ,
v �m
• F\
25 of 106
Permit Application No.
Supplemental Information
Final Plat Approval
X 1. The following information is required on all final plats:
X a. Name of subdivision.
X b. Title Block.
_2L c. Legal Description.
X d. Index Sheet.
X 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.
X f. Scale.
X g. North arrow on every sheet. Bearing or azimuth reference shall be clearly
stated on the face or first page of the plat.
X 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.
X k. If the proposed plat borders upon any public water bodies, delineate the
mean high water line.
X I. Permanent reference markers shall be shown.
X 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.
X n. The plat shall be accurate within 0.01 foot and shall be tied accurately to
all township, range, and section lines.
X o. On the cover sheet or first page show a vicinity sketch.
_2L p. Lots and blocks shall be numbered or lettered.
26 of 106
Permit ADolication No.
X q. The plat shall contain the name of each street shown.
X r. All right-of-way and easement widths and dimensions shall be shown on
the plat.
X 2. Attached the following:
X a. Six copies of the final plat. (Two sets must be sealed.)
X b. Three sealed sets of as -built plans.
27 of 106
Indian River County, Florida. Property Appraiser - Printer Friendly Map Page 1 of 1
P Lij I Back
Indian River County GIS
flo
I�
17
ParcelID OwnerName PropertyAddress
31393000002000000000.1 CROSS CREEK LAKE ESTATES YEARLING TRL SEBASTIAN, FL
INC 32958
Notes
Plat Six - Area to be platted
28 of 106
http://www.irepa.org/PrintMap.aspx 5/4/2016
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HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: 11 May 2016
Agenda Item Title: State of Florida Quiet Zone Grant Agreement
Recommendation: Approve $25,000 grant agreement with FDOT. Authorize the
City Manager to execute the appropriate documents.
Background: In June 2014, the City submitted for an FDOT grant for "Quiet
Zone" improvements as part of the `anticipated' All Aboard
Florida (AAF) project. Since that time, grant funds have been
on hold waiting for the AAF 90-100% design plans. FDOT has
determined that street crossings within the City of Sebastian
will be a "Sealed Corridor" with sufficient safety measures for
implementing a Quiet Zone. As a result, FDOT has awarded
the City a matching reimbursement grant for $25,000. It is
anticipated that these funds will be utilized for safety signage
and other improvements at all City rail crossings.
If Agenda Item Requires Expenditure of Funds:
Total Cost: $25,000 (match)
Amount Budgeted in Current FY: $50,000
Fund to Be Utilized: Local Option Gas Tax (LOGT)
Administrative Services Department/CFO Review:' 1 C�.�-�/ I
I ----
Attachments: 1. FDOT letter
City Manager Authorization:
Date: 04 May 2016
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FDOT
Florida Department of Transportation
RICK SCOTT 605 Suwannee Street JIM BOXOLD
GOVERNOR Tallahassee, FL 32399-0450 SECRETARY
April 11, 2016
Mr. Frank Watanabe
City Engineer
1225 Main Street
Sebastian, Florida 32958
Re: State of Florida Quiet Zone Grant Award (HB 5001)
Dear City of Sebastian:
The Florida Department of Transportation (FDOT) has conducted the review of requests for State
funds from the Quiet Zone Grant through the General Appropriations Act (GAA); House Bill 5001.
Due to the interstate commerce nature of the rail industry, railroads in the United States are
federally regulated. In accordance with 49 CFR part 222, "use of locomotive horns at public
highway -rail grade crossings", the Federal Railroad Administration (FRA) has primary authority for
enforcing the "Train Horn Rule" and as thus is the responsible agency for ensuring public health
and safety for all quiet zone improvements. However, based on our review, FDOT has determined
that improvements associated with your intended new quiet zone, in accordance with 49 CFR 222,
are solely for the benefit of the requesting agency (Miami -Dade County) and not for the benefit of
any privately owned rail company, or other business entity.
I am pleased to inform you that a matching grant of $25,000.00 for your city has been awarded to
assist with the development of your quiet zone improvement in accordance with the details and
documentation contained in your grant request packet. Specifically:
The award is a reimbursement grant and requires that FDOT reimburse the local government when
an invoice is received and approved by FDOT. By accepting this award, you are required to enter
into a grant agreement with FDOT and must carry out the work associated with the grant in
accordance with the agreement. In addition, agreements for all quiet zone improvements must be
executed by all parties prior to June 30, 2016 for activities associated with the quiet zone
improvement plan submittal.
Congratulations on your grant award, and please do not hesitate to contact FDOT's Rail Office, Rail
Grant Programs Administrator; Andr6 Goins, P.E. at (850) 414-4620 if you have any questions.
Sincerely,
im B
9
Secretary
www.dot.state.fl.us
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HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: 11 May 2016
AGENDA ITEM TITLE: Annual Fuel Contract
RECOMMENDATION: Approve annual fuel contract with Glover Oil Company based
on piggyback pricing of the City of Port St. Lucie for the
period from 01 July 16 through 30 June 17.
BACKGROUND: The current fuel contract with Glover Oil Company is due to
expire 01 July 16. Glover Oil Company is agreeable for the City to piggyback prices from the City
of Port St. Lucie contract for a period from 01 July 16 through 30 June 17. Based on current pricing,
the cost of gasoline is about $1.90 per gallon and diesel fuel is about $1.70. The City is expected to
benefit from this agreement by continuing to have an established fuel supplier. With no substantial
increases resulting from hurricanes, or other emergencies, normal purchases are expected to be
within overall budget amounts and within the purchasing thresholds specified in Section 2-10 (b) of
the City Code. Emergency purchases will be authorized through the exceptions covered in Code
Section 2-10 (c) (4).
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: Dependent on actual usage
Amount Budgeted in Current FY: $233,450
Fund(s) to Be Utilized for Appropriation: General Fund and Enterprise jFunds
Administrative Services Department/CFO Review: 6v�,,
ATTACHMENTS: 1. Letter of agreement Glover Oil & COS.
2. Port St. Lucie Contract Renewal Form.
3. 0-06-01 Section 2-10 Procurement of Goods and Services
City Manager Authorization:
Date: 04 May 2016
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Glover Oil Company Incl
Fuels, Lubricants & bio -Fuels
3109 S. Main Street Melbourne, FL 32901 • (321) 723-3953 • Fax (321) 727-2309 • www.gloveroil.com
Date: 4/22/16
To: Gregory Schmidt
Subject: St. Lucie Fuel Contract #20130038 Renewal
Mr. Schmidt,
The City of Port St. Lucie Fuel Contract, #20130038 was recently renewed. The new contract period is
July 1, 2016 through June 30, 2017.
Glover Oil Company Inc. will continue to honor a piggyback pricing agreement with the City of Sebastian
during the new contract year, beginning July 1, 2016.
If you have any questions please call.
Sincerely,
Ken arshall
Vice President
Glover Oil Company Inc.
321-723-3953
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Contract Renewal Form
Contract #20130038 Renewal #2
Date: j-
Rj �a1
Contract Title: Diesel, Gasoline, Heating and Emergency Generator
Contractor's Name: Glover Oil Company, Inc.
Current Expiration: 06/30/2016
Revised Expiration: 06/30/2017
The above contract is hereby renewed pursuant to Section = until the revised expiration date indicated above.
All other terms and conditions of the ,original° contract- and/or Addenda are -unchanged- with the-exceptionthat
the City's performance and obligation to pay is contingent upon an annual appropriation by City Council for the
period of this contract beyond September 30th of this year.
As a result of the Contractor's acceptance to provide the "Renewal Option" as specified in the original contract,
the following modifications to the original contract will become effective July 01, 2016.
1. The contract period July 01, 2016 through June 30, 2017.
2. All other terms and conditions of the original contract and/or Addenda apply.
(Balance ofpage left intentionally blank)
Contract #20130038 R#2 Page 1 of 2 Glover Oil Company, Inc.
33 of 106
IN WITNESS WHEREOF, the parties have executed this Contract at Port St. Lucie, Florida, the day and year
first above written.
CITY OF PORT UCIE FLORIDA
By:flb51riY1�
ager
By: ��� ,1 / ✓6
Autio Representative: Glover Oil C&mpany, Inc.
State of +1r (o-
County of. J J --W Or D( -
Before me personally appeared:
Please check one:
Personally known ✓
Fee) koishat
(please print)
Produced Identification/Type of Identification
Identification No.
known to me to be the person described in and who executed the foregoing instrument, and acknowledged to
and before me that he executed said instrument for the purposes therein expressed.
(he/she)
WITNESS my hand and official seal, this') " day of , 2016.
Notary Si tore
Notary Public -State of fib 1-1 C' at Large
My Commission Expires: 4- i — a
W COAQlOSSM 1 FF081156
EXPIRES Apt 1, 2018
eawe n„� Bonner u
Contract #20130038 R#2 Page 2 of 2 Glover Oil Company, Inc.
34 of 106
ORDINANCE NO. 0-06-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY
CODE CHAPTER 2 CONCERNING PROCUREMENT OF GOODS AND SERVICES;
PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, existing procurement system for the City of Sebastian is burdensome and
some potential bidders have cited it as a reason for not bidding on work for the City; and
WHEREAS, the existing Code does not reflect the current administrative structure for
these issues;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AMENDMENT. That the Code of Ordinances, City of Sebastian,
Florida, is hereby amended by adding a section 2-10, which said section shall read as follows:
Sec. 2-10. Procurement of goods and services.
(a) Applicability. Except as specifically set forth herein, all procurements for goods
and services for the city shall fall under the ultimate responsibility of the Charter
Officer utilizing the goods or services (hereinafter called the "Purchasing Officer"),
and shall be effected in accordance with this section.
(b) Purchasing thresholds. Any request for the purchase of materials, equipment,
services and supplies unless otherwise exempt under this section is subject to
competitive bid procedures as follows:
(1) Up to $2500.00 -- Purchasing Officer or their designee may authorize
purchase.
(2) $2500.01 to $5,000.00 -- Two or more verbal quotes where practical;
Purchasing Officer or designee may authorize purchase.
(3) $5,000.01 to $15,000.00 -- Three or more written quotes; Purchasing Officer
or designee may authorize purchase.
(4) $15,000.01 to $25,000.00 -- Three or more written quotes; City Council
authorization required.
(5) Over $25,000.00 -- Formal sealed bids and City Council authorization
required.
(c) Exceptions to thresholds.
(1) Joint bid. The Purchasing Officer shall have the authority to cooperate with
other local governments or other public entities in the development and use
of mutually cooperative procurement contracts or master agreements. Such
contracts shall require council approval.
(2) Piggyback: The Purchasing Officer shall have the authority to utilize
contracts or master agreements of state, federal or other local governments or
other public entities to procure goods and services, if the contract or
agreement has been awarded through procedures substantially equivalent to
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the requirements of this section. The Purchasing Officer shall have the
authority to procure goods and services if the purchase is with a person, firm,
organization, or corporation whose offer to sell to the city is at sale price for
that commodity equal to or lower than the existing piggyback price for the
same or equal commodity being sought. All such purchases over $15,000.00
shall continue to require council approval.
(3) Sole source. A contract may be awarded for goods or services without
competitive bids when the Purchasing Officer determines in writing that there
is only one practical source for the required item. Approval shall be in
accordance with the dollar threshold established by this section.
(4) Emergency purchase. Where the Purchasing Officer finds it to be in the best
interest of the city, they may declare the existence of an emergency
procurement condition and suspend any or all provisions of this section.
Spending authority under this provision shall not exceed $25,000.00,
however, if a state of emergency covering the City has been declared the
limit shall be raised to $50,000.00. All emergency purchases over $15,000.00
shall be reported to council as soon as practical. As used in this section, the
term "emergency" means a sudden unexpected turn of events that causes:
(i) An immediate danger to the public health or safety;
(ii) An immediate danger of loss of public or private property;
(iii) An interruption in the delivery of an essential governmental service; or
(iv) An interruption in the normal function and operation of any city
department that would result in a work stoppage or other substantial
monetary loss.
(5) Change orders. The Purchasing Officer may approve cumulative changes of
up to 15 percent of the total contract price. Changes in excess of 15 percent
of the total contract price or any change in excess of $15,000.00 must have
the prior approval of the city council.
(6) Contract renewals. Any contract containing a provision for renewal may be
renewed in accordance with its terms. Authorization for approval shall be in
accordance with the dollar threshold established by this section.
(d) Exemptions to applicability. This section shall not apply to:
(1) Purchases between the council and nonprofit organizations, other
governments, or other public entities, and intragovermnental services.
(2) Purchases of advertising, works of art for public display, medically related
professional services, employee benefit related purchases, water, utility
services, postage, shows/displays/cultural events sponsored by the city.
(3) Purchase of real property.
(4) Professional and personal service contracts including but not limited to
attorney services, appraisers and expert witnesses services, which shall be
approved by the city council if in excess of $15,000.
(5) Procurement of goods and services when the same is governed by a mandatory
procedure established by statute.
(6) Franchise, sponsorship or joint enterprise agreements.
(7) Any situation where compliance with this code will place the city in conflict
with mandatory provisions of state law, federal law or the terms of any grant.
36 of 106
(e) Prohibitions No contract or purchase shall:
(1) Be purposely subdivided to circumvent any requirements of this section.
(2) Be made in excess of the amounts allocated from the general fund for the
general classification of expenditures in the budget for the then current
budget year, nor shall any expense of a special fund exceed the amount of
money available to that fund.
(f) Waiver. City council may waive or modify the bidding requirements for good
cause.
Section 2. LOCAL PREFERENCE. That the Code of Ordinances, City of
Sebastian, Florida, is hereby amended by adding a section 2-11, which said section shall read as
follows:
Sec. 2-11. Local vendor preference.
A local vendor preference program is hereby established under which a vendor with
an active business location located within the city limits shall, for bid evaluation and
comparison purposes, have its bid amount(s) reduced by three percent (3%).
Section 3. DELETION. That the Code of Ordinances, City of Sebastian,
Florida, is hereby amended by deleting the existing sections 2-91 and 2-92 and reserving the
same.
Section 4. CONFLICT. All code provisions in conflict herewith are repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City did not intend to enact such invalid provision. It
shall further be assumed that the City would have enacted the remainder of this Ordinance
without said invalid provision, thereby causing the same to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall be effective upon passage.
The foregoing Ordinance was moved for adoption by Councilmember Monier
The motion was seconded by Councilmember N e g 1 i a and, upon being put to a
vote, the vote was as follows:
Mayor Nathan McCollum
a y e
Vice -Mayor Brian Burkeen
a y e
Councilmember Lisanne Monier
ave
Councilmember Andrea Coy
a v e
Councilmember Sal Neglia
a y e
37 of 106
The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd day of
February, 2006.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By. ,
Mayor Nathan B. iV1'cCollum
Sally A. Maio C
City Clerk Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City ANey
38 of 106
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: 11 May 2016
AGENDA ITEM TITLE: SMGC GolfNow Agreement
RECOMMENDATION: Approve GolfNow Agreement. Authorize the City Manager to
execute the agreement.
BACKGROUND: Currently, the Sebastian Municipal Golf Course (SMGC)
utilizes the golf marketing/promotional firm, GO1fNow. as its
resource for advertising, on-line tee times, and pro shop point-
of-sale support. That agreement is renewable on 01 June 2016.
Negotiations with GolfNow have been ongoing centering on
the forfeiture of "trade times" that SMGC contributes to
GO1fNow in exchange for their services. The Director of Golf,
Greg Gardner, has been successful in negotiating an agreement
with GolfNow that would eliminate "trade times," thereby
capturing previously forfeited revenue. At the same time, the
GolfNow provided pro shop point-of-sale services, on-line tee
times, and SMGC marketing is preserved. The proposed two
(2) year agreement is subject to a flat $3,875 annual fee.
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: $3,875
Amount Budgeted in Current FY: -0- (trade time revenue exchange)
Fund to Be Utilized for Appropriation: SMGC Enterprise fund
Administrative Services Department/CFO Review: l
ATTACHMENTS:
1. GolfNow Agreement
City Manager Authorization: j
Date: 04 May 2016
39 of 106
GOL
W.
��Play. Order Form
This Order Form, together with the Standard Terms and Conditions attached hereto and incorporated herein by reference, shall constitute a binding legal
agreement between GolfNow, LLC ("GOLFNOW") and City of Sebastian ("COURSE" — Legal Entity Name) (individually, a "Party" and collectively, the
"Parties') (the "Agreement") and shall be effective as of May 4, 2016 (the "Effective Date") and shall govern GOLFNOW's provision of software,
marketing, and technology services for COURSE's golf courses listed below. The Parties agree that this Agreement hereby terminates and supersedes
the GolfNow Software License/Marketing/Technology Agreement and Order Form between GOLFNOW and COURSE dated June, 2014 (the "Prior
Agreement's as the Parties hereto wish to continue the previously established business relationship under the terms and conditions of this Agreement.
GOLFNOW:
GolfNow, LLC
7580 Golf Channel Drive
Orlando, FL 32819
I Prepared By: Mike Lych
Phone: 904-982-3171
Email: miyynch(c?Igolfchannel.com
Fax: N/A
COURSE (Legal Entity Name): City of Sebastian
COURSE Address: 101 Airport Drive E
Sebastian, FL 32958-3924
COURSE's Golf Courses:
Sebastian Municipal Golf Course
COURSE Contact Name: Greg Gardner
COURSE Contact Phone: 772-388-4406
COURSE Email:9q ardner cityofsebastian.orq
COURSE Fax: N/A
Initial Term: Two (2) Years from the Effective Date and shall be non -cancellable. UPON EXPIRATION OF THE INITIAL TERM, THIS AGREEMENT
SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE (1) YEAR TERMS UNLESS OTHERWISE TERMINATED BY EITHER PARTY IN
WRITING AT LEAST THIRTY (30) DAYS PRIOR TO ANY RENEWAL TERM.
:� •
GolfNow Core Platform
I GolfNow Booking Engine
I GolfNow Mail See Specific Payment Terms Below
I Facebook Bookina Egnine
I GolfNow Reservations
I [SELECT SERVICE)
NIA
Does COURSE agree to grant GOLFNOW permission to
purchase keywords in search engine marketing that include
COURSE's name, or any other trade name, trademark or
other intellectual property belonging to COURSE?
Speck Payment Terms:
N/A
See Specific Payment Terms Below
N/A
YES
TOTAL PAYMENT(s): See Specific Payment Terms Below
- In consideration for GolfNow Distribution listed above (where COURSE will post their available tee times on gotfnow.com through the use of the
GolfNow/GNR interface), COURSE agrees to share a commission in the amount of Thirty Percent (30%) on all rounds booked through GOLFNOW's
distribution channels. GOLFNOW shall be paid by the golfer at the time of booking and COURSE shall collect the remaining Seventy Percent (70%) at
time of check-in; and
- In consideration for the GolfNow Reservations (Formerly FORE Reservations) technology (tee sheet and point-of-sale product), COURSE agrees to
pay GOLFNOW the following annual fees (i.e. Software Pricing, Maintenance & Standard Support):
Tee Sheet Fee
$11,500.00
Annual Fee
Uj�on InstallatioNimpleT r`t til n: and thereafter Annually Billed
Point -of -Sale for Golf System Fee
1 '5500.00
Annual Fee
U on Execution/Annua[Iv�rlled
Marketing Fee
I 760.00
Annual Fee
Lion Execution/Annually Billed
Ll
Cloud Back -Up Fee
$ 125.00
Annual Fee
Execution/Annuahv Billed
Standard Support and
Maintenance Charges (without
Included
N/A
N/A
hardware)
Agreed to and Accepted
COURSE Signature:
Printed Name:
Date:
GOLFNOW Signature:
Printed Name:
Date:
CONFIDENTIAL Page 1 of ! OldAQrrp f Arp@&er 2015
MOF
SEBAS-TIAN
HOME OF PELICAN ISLAND
Council Meeting Date:
Agenda Item Title:
Recommendation:
CITY COUNCIL AGENDA TRANSMITTAL FORM
11 May 2016
Alcohol beverage approval.
Approve alcoholic beverages for Almanza birthday party.
Background: Sandy Almanza is seeking Council approval to serve alcoholic
beverages at a birthday party at the Community Center on 28 May
16 from 5PM to 9PM. Staff has verified the applicant's date of
birth. They are expecting 60-70 people to attend.
If Agenda Item Reauires Exnenditure of Funds: N/A
� /
Administrative Services Department/CFO Review: 1 n'
Attachments: 1. Facility Rental Permit Application
2. Receipt
City Manager Authorization:
Date: 04 May 2016
41 of 106
CITY OF SEBASTIAN FACiLITY
RENTAL.PERMIT APPLICATION
ara B��I
Ho,4rko ip,a 14AN ffo
1225 Main Sireet
Sebastian, Fl- 32958
Parks Phone; (772) 228-7054
K cityoNebestfan.org
C�DRJTHEP
Ofiice Use Only:
y PS
$250 Security Pd:
Date
Initials
Rental Fee
'.r9
7% Tax
fQ . 1283
Total Rental Pd:
Date of Birth Verified by
Dale
INilals
City Manager Appto%a#
Uafe
oiR— alis
Park Shpt. Approval:
Data
Initials
City doundi Approval:
Dale (if applicable)
Ve
Ponce Hire I.Ilta ori
( 400cable) " '164*
Date: 5- i !� Comm uhity Center ❑ YEkcht C(ub
Name c Pe . ittee `(permits may only be issued to an'adult) Name of:Orgairlikafob {if applicable)
G321 �.�A=,Ar)wneo nrz
Physical Address Mailing Address (if different)
7(9 19
City State Phone E=Mail
Reason for Rental — Type of•Fu ctfon
�? -- 70
Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15)
Requested Date Time: From To
Please answer the following yes or no:
y PS
1) Are you a resident of Sebastian?
2) Will there be an admission charge or -door charge?
YAC-)
3) Will alcoholic beverages be served?S
'.r9
If yes, please provide govt. Issued ID proof of age
fQ . 1283
Date of Birth Verified by
I , �y\jlf �1 �T;, the undersigned, acknowledge that I am the applicant orauthorized agent of
the above referenced organization, that 1 am aware of the provisions of the City of Sebastian Codes and
Resolutions in respect to this application and use of City facilities for which i have applied and agree to abide by
all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be
refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the
use, or causing any damage to the facility will result In forfeiture, in part or full, of [lie security deposit.
Signature bf Applicant
42 of 106
CITY OF SEBASTIAN 10054
ADMINISTRATIVE SERVICES RECEIPT
Name ❑Cash
Date A� f � 6 �DL� M Check # 102-
zg1.la ❑ Credit
-&0, Amount Paid
001001 208001 Sales Tax
001001 220000 Security Deposit at'
001501 362100 Taxable Rent 2,00.4 o
001501 362150 Non -Taxable Rent
450010 369900 Airport Badge
001001218010 CobraServe
001501 354100 Code Enforcement Fines
001501 347557 Community Center Revenue
001501341920 Copies
001501 351140 Parking Citation
001501 342100 Police Security Services
001501 329200 Site Plan Review
001501 329300 Subdivision/Plat Review
001501 3291 CO Zoning Fees
Total Paid "41<ve - v
/initials
Security Dep Held - Amount $ Check #
White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant
Csii 11 ills
to
QrYOF
SEBAsT"
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: May 11, 2016
AGENDA ITEM TITLE: City Clerk's Office Request
Parks and Recreational Advisory Committee — Fill two regular
member positions
RECOMMENDATION: Interview, unless waived, submit nominations for one expired
regular member position with a term to expire May 31, 2019.
Interview, unless waived, submit nominations for one unexpired
regular member position with a term to expire May 31, 2017.
If necessary, fill alternate position with a remaining applicant.
BACKGROUND: Current member, Greg Paschall, would like to serve another term.
His application has been updated.
Both alternate members, Rosemary Flescher and Tammy Nelson
would like to move up to a regular member position.
In response to the advertisement, applications have been received
from Corrine Gilroy and Maria Ramos.
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost:
Amount Budgeted in Current FY:
If Cost Requires Appropriation:
Amount of Appropriation Required:
Fund to Be Utilized for Appropriation:
ATTACHMENTS
City Manager t ization:`
Date: /
Applications, Ad, List
cncf
SEi
HOME OF PELICAN ISLAND
RECD jjv
MAR 13 2013
City of
Se
City C/e k s
Ofrice
APPLICATION TO SERVE ON CITY BOARD/COMMITTEE
(Ali City Board and Committee Members Must be Residents of the Citv of Sebastian)
NAME: Gres Nsaa (,
HOME ADDRESS: If 57 Lrbor PQ;n+ 0f ;Ve
+IG fn FL JIXIS-£f
HOME PHONE: �V HOME FAX: IVA E-MAIL: 1
BUSINESS: AMGEN Thousand Oaks, CA 91320 805-447-1000
BUSINESS ADDRESS:
A+ 1_on+t o -i=z— tIS 14a,Aor L5.c-8
BUSINESS PHONE:7317 j j3_yy0A.BUSINESS FAX: 41A E-MAIL: Stites
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOW LONG?ave
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? A/ O
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES?
NO
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer)
CONSTRUCTION BOARD (permanent board - meets once a month)'
HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board— meets quarterly)
PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)'
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)'
PARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month)
NATURAL RESOURCES BOARD (permanent board — meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
Filing of financial disclosure is required following appointment
45 of 106
APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)
4. See arc, c,,f a r s, me
' Q. �• �c�aca+io�n
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
• L)crdr; Ce ivy )"Vol •/
lemAy 1043 &-J 0pb,(-.nq 01 10�tF� S�� `�ic elc- ;er ,
Strror9 C0A%Wun,cal-� on 51k, .5 tai hu v�'H�i wJth oi'►��5 1466 �'o (esCAjtk
c,. -d W'^kc, ed,.ufej prjos-ls.
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
' 4afe*+ -f- X 6yS - W— aie- Vej i ^V1)l v e&1 �h oujrdoo r.5 4 rAt %A�,; V'6 t h,
C, -j v4}kve5Aces• As c JP%W ly %we "or
VA -M oar dp51 P(&yiy% j Sea, -}S cwikd SmAmvnln la . _ 60,eve %'^ GOMtwLifv}�y Wv;ie
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY7TATE?
' A/O
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE?
• No
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE?
•yes
hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Or n noes Se ti s 2-166 throu h 2-173
(attached). Information relative to a specific board or committee is available i r nest d.
Appliclan Egn�fure 4 ' ,, CI
Subscribedd vas
sworn to before me this ! 3+" lay of ^ 1 2�� by
G Q-1 I�as C� a (( , who is
RL r-1 Vtr: Lice vt jamas identification.
N ry Public, State of Florida
personally known to me, or has produced
Please return to Office of the City _CIel; Vj1" Aain %feet, Sebastian, FL 32958 - (772) 589-5330
\wp-form\applicat.wpd = NCommission # EE OM380fi7
rev. 7/2007 f = Expires February 28, 2015
BpndodThuTmyfanlnWcace800.385.7058 .
i
41-d +fAailc.
46 of 106
Greg Paschall
115 Harbor Point Drive, Sebastian, FL 32958 - 772-581-7210
oreoorv. scott. oaschall()ofizer.com
Senior Pharmaceutical Sales Representative
■ Results -driven sales professional who exceeds quotas through cold -calling, identifying decision -makers,
obtaining appointments with "hard -to -see" doctors, conducting presentations, and successfully connecting with
physicians, hospital and HMO formulary teams.
■ Engaging, influential approach to relationship building with clients and colleagues of all backgrounds.
Outstanding consultative sales skills, developing and presenting creative, customer -focused solutions. Proven team
leadership, training, and mentoring skills.
■ Demonstrated ability to maintain cutting-edge product and market knowledge, developing powerful technical
presentations, persuasively answering questions, and overcoming objections.
■ Energetic, organized, disciplined, and productive. Effective managing of multiple projects and priorities to
achieve ambitious professional goals.
■ Recognized by managers, peers, and physicians as a peak -producing professional who models integrity,
innovation, and efficiency in the most demanding, competitive environments.
Experience AMGEN Thousand Oaks, CA 91320 805-447_1000
PFIZER, INC., Vero Beach, FL 2002—Present
Professional Health Care Representative, Cardiovascular Division - Vero Beach
• Managed aggressive prospecting and calling on 40-60 physicians per week. Plan and host luncheons, dinner
programs, and in -services to deepen discussions on product features and benefits.
• Consulted extensively with hospital directors of pharmacy and P&T committee members for formulary development
and product retention.
• Produced at -goal sales volume of $6 million for all products combined. Ranked 5'h in a regional sales team of 28 for
overall sales performance, 2006.
• Retained Lipitor on the Indian River Memorial Hospital formulary through influencing and enlisting the assistance of
key cardiologists.
• Organized luncheon program for cardiologists, Directors of Pharmacy, Clinical Coordinators and CEO of IRMH
utilizing Dr. Ian Nixon to speak on Lipitor Discharge Protocols.
• Achieved formulary placement of Caduet for America's Health Choice (HMO) through relationship building and
education, including a cardiovascular lecture series targeted specifically to America's Health Choice physicians.
• Chosen by district manager to mentor candidates and new hires, including ride along and product competency.
• Recruited and coached local physicians to serve as spokesperson and technical lecturer for products. Conducted
product and disease specific workshops for the district and the region at sales meetings.
• Led several cross divisional initiatives to promote the entire Pfizer portfolio.
Awards
• 2006 F.I.R.S.T. in Class Winner- Focusing on Individual Results of Selected Targets; rewarding,exceptional
sales performance awarded to top 25% of the area.
• 2006 Widen the Gap Award Winner, achieved increased market share over baseline.
• 2006 Widen the Gap 11, achieved increased market share over baseline.
• 2005 Southeast Regional Performance Fund Award Winner for above -and -beyond contributions.
• 2004 Winners Choice Award for greatest increase in market share for Lipitor, one of two people in the region.
JOHNS HOPKINS HOSPITAL, Department of Surgery, Baltimore, MD
Administrative Manager, Surgical Oncology
Summers 1998-2001
Provided office management, rotating through four surgical practices. Developed strong relationships with physicians
and other healthcare staff in a collaborative research environment.
• Orchestrated departmental communications. Provided exceptional customer service to patients and family
members. Scheduled surgeries and clinical rounds; organized charts and records.
• Served as interface between vendors (pharmaceutical sales representatives, surgical and medical equipment
manufacturers) and physicians to ensure optimal efficiency.
- Continued Page 2
47 of 106
Greg Paschall
Page 2 —areaory.scott.Daschalle.Dfizer.com - 772-581-7210
Experience - continued
JOHNS HOPKINS HOSPITAL, Department of Surgery, Baltimore, MD Summers 1998-2001
Administrative Manager, Surgical Oncology
• Streamlined office policies and procedures to improve productivity, data management, and customer service.
• Trained new employees. Developed reports and correspondence using Excel, PowerPoint, Word, and Access;
utilized proprietary surgical scheduling system.
• Provided data collection and data entry in support of a three-year research study on the prevention of candidas
infections in ICU patients.
BALTIMORE POLYTECHNIC INSTITUTE HIGH SCHOOL, Baltimore, MD 1998-2001
Biology Teacher
• Planned and implemented science classes using creative instructional methods and technologies (PowerPoint
presentations, laser discs, and interactive Internet -based tools).
• Served on numerous task forces and committees, including: School Improvement Committee, Discipline Council
Member, Class Advisor, Women's Track, Women's Volleyball, and Swim Team.
• Achieved 100% proficiency ratings in 2000 and 2001.
HERITAGE SOUTHEAST MEDICAL GROUP (MSO), Tampa, FL 1997-1998
Physician Services Representative
• Effectively negotiated contracts for Managed Service Organization (MSO) care plans for physicians in the greater
Tampa, FL metropolitan area.
• Conducted sales presentations, educating physicians on benefits of MSO membership and overcoming objections.
• Resolved physician issues with the MSO through effective research, listening, and mediation skills.
• Facilitated training seminars on operational procedures between physician's practices and the MSO.
• Achieved 100% penetration of the assigned territory within six months, adding 75 new physician practices.
Promoted twice in six months.
UNITED STATES PEACE CORPS, Cameroon, Africa
Math / Science Volunteer, Education Program
1993-1996
• Taught Human Anatomy and Physiology, Genetics, General Biology, and Chemistry to youth ages 11-20 (middle
school through first-year college courses).
• Developed innovative instructional methods to compensate for limited resources.
• Solicited and obtained donations of lab equipment and library books. Wrote grant applications and successfully
obtained funding for construction of water sanitation system.
• Successfully fulfilled 2 years of service, was selected from among peers to complete an additional extension year.
Education & Professional Development Activities
NORTH PARK COLLEGE, Chicago, IL
Bachelor of Arts, Biology - Bachelor of Arts, Education, 1992
Earned Academic Scholarship as an Outstanding Education Major
Professional Development: DISCovering Self profile selling workshop- The Ken Blanchard Companies;
The Art of Action Selling workshop- Steve Brown
48 of 106
otror
SEAST
HOME OF PELICAN ISLAND
RECEIVED
NOV 14 2012
City of Sebastian
City Clerk's Office
APPLICATION TO SERVE ON CITY BOARD/COMMITTEE,
(All Citv Board and Committee Members Must be Residents of the Citi of Sebastian)
NAME: 905FAI AO r1-666-YE9
HOME ADDRESS: VF n2
3,; 959
HOME PHONE: 38g . 95 3) HOME FAX: 3gg - ?S. E-MAIL:
�-�-
BUSINESS: It%pNE
BUSINESS ADDRESS:
BUSINESS PHONE: BUSINESS FAX: E-MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG?
\/t S 16 yrs
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
Al o
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES? �j f)
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
_ CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer)
CONSTRUCTION BOARD (permanent board - meets once a month)`
HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board — meets quarterly)
PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)'
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)'
v PARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month)
NATURAL RESOURCES BOARD (permanent board— meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
*Filing of financial disclosure is required following appointment
49 of 106
APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)
,#/S A/Pain/+
vo t,u AFI6O /2CSD 1 ��rS
EA!;F-n 11vo CMt_A?67x) iN 56-61957-tRiv
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
,l AM AW 4b'15 o o Tbo o Z3 PE^o N - I WA1tE
8/LiEO Tf><%10 u 4Ii D ✓T r#,e To w w o or 5EPSf:ST1,qw_ Z- k-.vO'v 7'W Aee'-7
,4N b Z &Alo aol ANb iWAVE VlSil" '1hT_ AMAI V PAAte, i N SEP iSTiA
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
,T pA v E (241s9-om i v J pN ie E i N 9F,► .
wE �rG V/s/ � aid kSE� THS (�AILKS
71aEr4�-,147 ov AhF2E'. Fer'
ive�E6 % ,aez
&,g eo A41C s' "ab DE4510 v5 ?d geViQL�/T- at. f�
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
Al0
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE?
Na
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE?
M0
I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173
(attached). Information relative to a specific board or co ittee is available if r quested.
V
Applicant Signat ,, r
Subscribed and swom to before me this Z-04*" day of lvovembGfr, 2012- by
Kose t?ta -y FI e Sc her , who is personally known to me, or has produced
FL- bf l v e rs Lr r -v n s e as identification.
Nolry Public, State of Florida
Please return to Office of the Citv Cleric 1295 Mahn-strRpt-Sebastian, FL 32958 - (772) 589-5330
N. y' .. JEMME WIWAMS
\wp-form\applicat.wpd _���'_. Commission # EE 038067
rev. 7/2007 Expires February 28, 2015
ABor&dTMTmrFein64,
4taumKe80438 7078
&t ><1
50 of 106
k
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SWAST A_ N
r 1010
HOME OF PEUCAN ISLAND �/�
APPLICATION TO SERVE ON CITY BOARD/COMMITTEE
(All Citv Board and Committee Members Must be Residents of the Citv of Sebastian)
NAME:_, )"\kl
HOME ADDRESS: 4 ;� LP P O` -c � Av � Kv e_
jFL
HOME PHONE: HOME FAX: E-MAIL:
REQ,e/V,eo
. ,AIAR 13
241
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BUSINESS: OoJ e_ Sore nSPr\ �Z-e,;l
BUSINESS ADDRESS: M01 N4\ t\V P home_
Uer-nec,k,F �a �O6
BUSINESS PHONE: L19a-5305 BUSINESS FAX:E-MAIL: *6,h, my
civ
8 Sebaz+k, Gn DsQ E - C o 6--N
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? V HOW LONG?
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? N o
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES? No
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in 2019)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer)
CONSTRUCTION BOARD (permanent board - meets once a month)*
HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board — meets quarteriy)
PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)*
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)*
SPARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month)
NATURAL RESOURCES BOARD (permanent board — meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
*Filing of financial disclosure is required following appointment
51 of 106
APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
1A -Ol/C-
pj��0c-, i I PC'r S .
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
No
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE? NO
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE* Pic)
I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I
understand that any misrepresentation or omission of information requested in this application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173
(attached). Information relative to a specific board or committ is available if requested.
Apj licant Si ture ,
Subscribed and sworn to before me this f 3"' /�/� day of ' `�-� M13 , by
-CQ M m y /Ut.( S OVI , who is personally known to me, or has produced
FL Dr I V u -s U\Ceh S (- as identification.
N ry Public, State of Florida
Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330
\wp-formla pplicat.wpd
rev. 7/2007,,.», N JEANETfE WILLIAMS
Cortunission # EE 038067
• Expires February 28, 2015
�✓� eadeaitvuTcarfdnl�enoe9D63B57�sa
e
52 of 106
w
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: 1!5 OR 2 4,01 6 i, L,L o y
Address: 5'72 J_A;% S% City:SE��:� ��+ State: P4-
1 -0.
L1-0. 020-.&- 7d'0301s sta. FL 32 9 70-
zip:
YZip: 34 Telephone: ( ae ) ;7 XX
E -Mail Address: �2L�7�tF1�, y k" e
Employer: 4.1v_
City: 4X'?" State: Zip:
Business Telephone: ( VA ) -
I am interested in serving on the following board(s)/committee(s):
1" Choice: PVX1esAVb 2nd Choice:
CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2016)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CONSTRUCTION BOARD* (permanent)
DISABILITIES ADVISORY COMMITTEE (temporary)
NATURAL RESOURCES BOARD (permanent)
PLANNING AND ZONING COMMISSION* ** (permanent)
POLICE RETIREMENT BOARD OF TRUSTEES*
PARKS AND RECREATION ADVISORY COMMITTEE (permanent)
0 SEBASTIAN YOUTH ADVISORY COUNCIL (temporary)
VETERANS' ADVISORY BOARD (temporary)
*Filing of financial disclosure is required following appointment
**Must be resident one year prior to application.
67si 7i t elle
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.) % e-�4 r16 Ate,*
/aSsoGiaT�'i v Anis — G� L A %s a 5clt-A•cE,s Al I/C'4�: Titov
/Z. S y,� � / G,fj-/!i N /N �7 . IJ!/i f c.% �iv,� ..� t.`/��2 u r si.�Ej �a-.0 %S ��-y, P�Fh-„�•cr %�•y�
1!! iZoZ-z& ti, S Afoot 4Z)14L7-eN
"C00 9 Z2” Cco UrV 0 P M44 . /4�n-,.N M,*2 �-4c�� A��i
J'ccsi %tik+�'+F�2 f1£�i�ipc, i�vG �. v�A7icto.- V7 s;'OiA�). Pe- 47'w3s 2cFJF4L;c
Why do you want to serve on this board?
4 OF
Do you presently serve on another City Board or Committee? NO
If yes, please list:
Have you previously served on any other City Board or Committee? /`O
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
htto://www.ethics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at httD://www.flsenate.gov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
Signature of Applicant: �. // iz.-y Date: d3 ..3 /• /�
Date Received by City Clerk's Office 2 - 3' l0 by,—/-
54 of 106
U
Corrine Gilroy
PO Box 780305 Sebastian, FI 32978 - mail
572 Jay St. Sebastian, Fl 32958
619.756.1089
Corgreen@ymail.com
Recreation Positions Held
To: Jeanette Williams — City Clerk - Sebastian
I have f/t experience in Planning, implementing, and some direction in a variety of recreation programs
and special events at a community center, playground, and recreation facility.
Description of full-time professional recreation experience in the following areas as relates to a variety
of recreation programs and special events. A. Planning B. Directing C. Implementing
Planning. Directing & Implementing: Sports and Recreation Field —12.5 vrs.
1. West Hill Day Camp, Huntington, NY—Tennis Instructor/Staff Supervisor— Planned developed, &
executed Tennis program —100%.; 3 mo. F/T
2. N. Shore School — Sea Cliff, NY — Tennis Program — Planned, Directed, Implemented a tennis program
for beginner, intermediate, & advanced ages: 8-17. 100%; 3 mo. F/T
3. East Islip Park & Recreation Dept. — Fire Island — Swim Instructor & Recreation Aide —Taught
beginning and intermediate swimming to campers for certificates half day; then other half —
implemented arts & crafts and team sports. Implementing: 100%; 3 mo. F/T
4. East Islip Park & Recreation Dept. — Archery Director — Planned, Implemented, & Directed — Program
at 3 Parks supervised 2 staff. 100%; 3 mo. F/T
5. Belmont City Recreation Dept. CA— Recreation Leader— Planned and coordinated recreational and
sports activities for pre-school and school aged children. 30% planned & implemented 70% F/T,1 yr.
6. San Diego Unified School District (Kearny HS) —Teacher Aide (P.E.) & Girls Softball Coach —Asst. to
the Physical Education Teacher F/T and Coached after school. Planned & implemented—75%;1.5 yr.
7. Birney Elementary School, CA— After school Program — P/T —Planned, organized, and implemented
recreation activities for children.100%, 3 yrs.
8. Schoeber's Racquetball Club, CA — Nautilus Instructor& Aerobics Instructor — Planned/Directed —
30%, Implemented 70% - F/T 2 yrs.
9. San Diego Softball League — Coached a Coed Adult Softball Team — 2 summers —100% Planned,
Implemented, & directed.
55 of 106
Corrine Gilroy
619.756.1089 Corgreen@ymail.com
PO Box 780305 Sebastian, FL 32978
WORK SUMMARY:
FEDERAL BUREAU of PRISONS: 9.8Yrs. - GED Teacher, Education Specialist, Career Counselor, Correctional Officer, & Sr. C.O.
JUST WATER HEATERS, INC.: 13 Yrs. - Acting CEO, VP, Operations Manager, Administrative Manager & Accounting Asst. Mgr.
PROFESSIONAL EXPERIENCE:
Acting CEO, VP, Operations Mgr: Just Water Heaters, Inc. Hayward, CA
I managed all aspects of a mid-size plumbing company with 47 staff and 3 offices. Ensured compliance with new/revised laws,
legislation, codes, rules, regulations as it applied to the business and personnel. Develop and Implement policies & procedures,
Monitored: All Insurances- workers' comp.,auto,& gen.lia., staff training & development, contract negotiations, managed
AR/AP, customer service & complaints, quarterly taxes, authorized/adjusted payroll, dept. audits, supervised Alcohol & Drug
program, departmental inventory, prepared payroll, analyzed financial records(cash flow & income statements),and responsible
for maintaining a functional staff(hired/fired), maintained vehicle fleet, Small Claims Court rep., monitored health, retirement
and benefit programs, managed all advertising avenues, supervised Warranty Program, and coordinated special company
events; such as annual picnic, fishing trips, & outings. I resolved routine problems and complaints within personnel and
customers. I also conducted quarterly/annual budget reviews with CPA input. Analyze large projects and schedule technicians.
GED Teacher- Federal Detention Center, Miami, Florida
1 developed, implemented, and supervised educational programs for inmates such as: GED, ESL, Typing, Pre -Release,
Apprenticeship, and the Distance Learning Program. I interviewed incoming inmates and recommended programs.
Education Specialist & Career Counselor— Federal Correctional Institution at Dublin, California
I was responsible for seven GED classes at the FCI & Federal Prison Camp. The subject matter included: Writing Skills and
Grammar, Social Studies, Science, and Literature and Arts. I was the College Coordinator for FCI & Camp. I also provided
information and counseling assistance to inmates in an effort to prepare them for release.
Education Specialist/Sr. Corr. Officer/Corr. Officer — Metropolitan Correctional Center, San Diego, California
I coordinated, enrolled, and supervised the GED/ESL, typing, art & Law Library programs and administered the Pre -GED, Official
GED, and the Adult Basic Exam to all qualified inmates. I was responsible for enforcing BOP and MCC policies and procedures,
using a diplomatic, non -partial, and professional approach. I provided supervision, guidance, care, and correctional treatment
for the inmate population. I also maintained institutional security, ensured good health and welfare for inmates (male/female).)
wrote incident/accident reports, memos, & kept log books, conducted room inspection/fire security, and conducted counts.
Substitute Teacher—San Diego Unified School District, San Diego, CA
Supervised and instructed 30-35 high school students in all academic areas: English, Math, Science, Social Studies, & P.E.
Recreation Leader—San Diego City Parks and Recreation Department, San Diego, CA
Planned, organized and executed recreation/leisure programs for adults and children. As Rec. Leader I & 2: Conducted arts and
crafts, team sports, fitness classes, and tournaments for various indoor/outdoor sports.
Coached: Over the decades, I have coached Softball, Volleyball, Basketball, and Tennis in various camps, recreation centers, and
schools. Tennis is my strength and passion.
EDUCATION:
Bachelor of Science Degree and Teachers' Certificate, State University of New York at Brockport
Associate in Arts — Liberal Arts and Sciences, Hudson Valley Community College, Troy, New York
56 of 106
Cry cr-
r y
HOME OF
VOLUNTEER BOARD AND COMMITTEE APPLICATION
This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with
FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that
their physical address and phone number remain confidential. Unless requested, that information will be available and not
redacted.
Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting
ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or
resolution. You may reapply for succeeding terms upon term expiration.
Name: Qr 1 0,
Address: V)nW:Ok>SS City: SCb0s k0,0 State:
Zip: �� "1 �� Telephone: ( % 1 -,), ) 'ERSq - \ \�_l i
E -Mail Address: MO\,f lan\_1 P- Ckwce (63�_ '•"00' c o ry)
Employer:
City:
Business Telephone: (
State: Zip:
I am interested in serving on the following boards)/committee(s):
1" Choice:
2nd Choice:
CHARTER REVIEW COMMITTEE (serves only six months, everyfive years —next meeting in 2016)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary)
CONSTRUCTION BOARD* (permanent)
DISABILITIES ADVISORY COMMITTEE (temporary)
NATURAL RESOURCES BOARD (permanent)
PLANNING AND ZONING COMMISSION* ** (permanent)
PO IRE EPT 4 A@D OF TRUSTEES*
K D ECREATION ADVISORY COMMITTE permanent)
VETERAN.-)' ADVISORY BOARD temporary
*Filing of financial disclosure is required following appointment
"Must be resident one year prior to application.
57 of 106
Please summarize special skills, qualifications, or education you have acquired for this appointment:
(Your resume, professional certifications or designations may be attached.)
�)/A
Why do you want to serve on this board?
Q /A
Do you presently serve on another City Board or Committee? N G
If yes, please list:
Have you previously served on any other City Board or Committee?
If yes, please list:
I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any
and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer
services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity
purposes (unless requesting exemption).
If required for this board, I consent to the annual filing of the Statement of Financial Interests.
htto://www.ethics.state.fl.us/ethics/forms.html
If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public
Officials (Florida Statutes, Chapter 112, Part lil) and Florida Sunshine Law (Florida Statutes, Chapter 286)
Statutes may be reviewed at htto://www.flsenate.Rov/statutes
I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered
for another board. I hereby certify that all the statements made on this application are true and correct. I
understand that any false statements or omissions from this application may be cause for my application not to be
considered.
v
Signature of Applicant: Date:
Date Received by City Clerk's Office 14— 15- 1 1/1 by: qW
58 of 106
UIY OF
HOME OF PELICAN ISLAND
March 30, 2016 Contact: City Clerk's Office 388-8215
PRESS RELEASE
PARKS AND RECREATION ADVISORY COMMITTEE
The City of Sebastian is seeking applicants to fill two regular member positions on the Parks
and Recreation Committee. These positions are volunteer and applicants must be City
residents.
This Committee meets on the fourth Monday of each Month at 6:00 p.m. in the Council
Chambers, 1225 Main Street, Sebastian.
If Council fills a regular member position with an alternate member, Council reserves the right
to fill the alternate position with remaining applicants.
Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian,
between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted
through Monday, April 25, 2016.
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61101onWI1101
PARKS & RECREATION ADVISORY COMMITTEE
Ordinance No. 0-07-07
3 -YEAR TERMS
MEMBER NAME /ADDRESS TERMS
Greg Paschall Term to expire 5/31/2016
115 Harbor Point Drive��� (� Appointed 5/22/13
Sebastian, FL 32958
581-7210
Greaorvoaschal I(a)..amail.com
Matthew Sims -Vice Chair
103 Bellamy Trail
Sebastian, FL 32958
538-4369
OneStor)Cellular5(7aol.com
Term to expire 5/31/2018
Appointed 9/24/08
Reapptd 5/9/12
Reapptd 5/27/15
John Tenerowicz Term to expire 5/31/2017
310 S. Wimbrow Drive n�� Appointed 6/9/10
Sebastian, FL 32958f �5' 9 Reapptd 6/8/11
589-9099 1 Reapptd 5/28/14
theoolferiohn(a.vahoo.com
JoAnn Webster Term to expire 5/31/2017
765 Wentworth Street Appointed Alt 8111/10
Sebastian, FL 32958 Reapptd Alt 5/9/12
633-8502 Appointed 11/28/12
webstersrnorth(c-)aol.com Reapptd 5/28/14
JoAnne White Term to expire 5/31/2018
449 Easy Street Appointed 6/27/07
Sebastian, FL 32958 Reapptd 5/9/12
766-2501 Reappted 5/27/15
mvfloridateam a.omail.com
Rosemary Flescher - Alt Member Term to expire 5/31/2018
279 Joy Haven Drive Appointed 11/28/12
Sebastian, FL 32958 Reapptd 5/27/15
388-9531
r.fleschere..comcast. net
Tammy Nelson — Alt Member Term to expire 5/31/2017
668 Durant Street Appointed 3/27/13
Sebastian, FL 32958 Reapptd 5/28/14
453-0305
Tammv-nelsonO-comcast. net
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HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: 11 May 2016
Agenda Item Title: Waste Management Franchise Agreement
Recommendation: Consider Waste Management's First Amendment to Franchise
Agreement.
Background: At the 13 April 16 Council meeting, Waste Management (WM)
presented a proposal for a Franchise Agreement Modification.
Section 13.22 of the Agreement is the subject matter of a possible
modification. The proposed First Amendment to the Agreement is
in Attachment 3.
If Agenda Item Reauires Expenditure of Funds: N/A
Administrative Services Department/CFO Review: l
Attachments: 1. Franchise Agreement b/t the City and Waste Management
2. Proposed Franchise Agreement Modification April 2016
3. First Amendment to Franchise Agreement
City Manager Authorization: ./
Date: 04 May 2016
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Franchise Agreement
Between
City of Sebastian
and
It IL r X I --I i I I
Waste Management, Inc. of Florida
A.1z�
This Franchise Agreement ("Agreement") is hereby made and entered into this
12th day of June, 2013, between CITY OF SEBASTIAN, FLORIDA, ("City") and WASTE
MANAGEMENT, INC. OF FLORIDA, a Florida corporation, whose address is 2700 NW
48"' Street, Pompano Beach, FL 33073 ("Franchisee`s.
WITNESSETH
WHEREAS, the City desires to engage Franchisee to perform certain solid waste
and recycling services within the boundaries of the City; and
WHEREAS, Franchisee desires to perform such services pursuant to the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the City and the Franchisee agree as follows:
Article 1. Background Recitals
1.0. The recitals set forth above are true and correct and form a material part of this
Agreement.
Article 2. Term of the Agreement
2.0. The term of this Agreement shall be for a period of five (5) years, which shall begin
July 1, 2013. This Agreement shall automatically renew for an additional term ending
June 30, 2023, unless either party shall notify the other to the contrary in writing
pursuant to Sec. 16.11 not later than July 1, 2017.
Article 3. Definitions and Interpretations
3.0. General. To the extent that any definition contained herein conflicts with any similar
definition contained in any federal, state, or local law, the definition herein shall prevail.
However, nothing contained herein shall be interpreted to require the Franchisee to
undertake any conduct that is prohibited by Applicable Law. Whenever the context may
require, any pronoun which is used in this Agreement shall include the corresponding
masculine, feminine and neuter forms and the singular shall include the plural and vice
versa.
3.1. Agreement shall mean this Franchise Agreement between the City and the
Franchisee, together with all exhibits and other documents that are expressly incorporated
by reference.
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3.2. Applicable Law means any local, state or federal statute, law, constitution, charter,
ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or
similar binding authority, or a judicial or administrative interpretation of any of the same,
which are in effect or are enacted, adopted, promulgated, issued or enforced by a
governmental body during the term of this Agreement, and relate in any manner to the
performance of the City or Franchisee under this Agreement.
3.3. Biological Waste shall mean solid waste that causes or has the capability of
causing disease or infection and includes, but is not limited to, biomedical waste,
diseased or dead animals, and other wastes capable of transmitting pathogens to
humans or animals. The term does not include human remains that are disposed of by
persons licensed under chapter 470, Florida Statutes.
3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present
a threat of infection to humans. The term includes, but is not limited to, nonliquid
human tissue and body parts; laboratory and veterinary waste which contain human -
disease -causing agents; discarded disposable sharps; human blood, and human blood
products and body fluids; and other materials which in the opinion of the Florida
Department of Health represent a significant risk of infection to persons outside the
generating facility. The term does not include human remains that are disposed of by
persons licensed under Chapter 470, Florida Statutes.
3.5. Council shall mean the City's governing body, which currently is comprised of the
City Council of the City of Sebastian, Florida.
3.6. Bulk Trash shall mean any non -vegetative item that cannot be containerized,
bagged or bundled, or whose large size or weight precludes its handling by normal,
Collection, processing or disposal methods. Bulk Trash includes but is not limited to
discarded White Goods that are not Freon -Containing Devices, toilets, pool heaters,
water softeners, pianos, bath tubs, sinks, bicycles, and similar household goods,
appliances, fixtures and furniture.
3.7. Collect and Collection shall mean the process whereby Solid Waste is picked -up
and removed from the location where it is generated, and then transported to the County
Landfill.
3.8. Commercial Collection Franchise Area shall mean the City limits of Sebastian.
3.9. Commercial Collection Service shall mean the Collection of (a) Commercial
Solid Waste; and (b) Recyclable Materials generated on Commercial Property and
from Mobile Home Parks.
3.10. Commercial Container shall mean any container which: (a) consists of four
permanently attached sides and a bottom; (b) is made of metal, durable plastic or other
non-absorbent material; (c) is free-standing; (d) is emptied or transported by
mechanical means; and (e) is used to Collect or store Solid Waste. Commercial
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Containers include, but are not limited to roll-on/roll-off boxes, dumpsters, Compactors,
and similar receptacles used to Collect Solid Waste
3.11. Commercial. Property shall mean all of the improved property in the City that is
used for: (a) Multiple Dwelling Units; or (b) commercial, institutional, church, not-for-
profit, governmental, nonresidential or industrial purposes.
3.12. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard
Trash that is not Residential Solid Waste. Commercial Solid Waste includes the
Garbage, Bulk Trash, Trash, Yard Trash, and Industrial Solid Waste generated by or at:
(a) commercial business, including, without limitation, retail stores, offices, restaurants,
and warehouses; (b) governmental and institutional offices and buildings, including,
without limitation, schools and hospitals; (c) churches and not-for-profit organizations;
(d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f)
Mobile Home Parks that use Commercial Containers; (g) agricultural and industrial
facilities; and (h) Construction and Demolition Debris collection in volumes greater than
fifteen (15) cubic yards.
3.13. Compactor shall mean any Solid Waste container that has a stationary or mobile
compaction mechanism.
3.14. Construction and Demolition Debris shall mean discarded materials generally
considered to be not water-soluble and nonhazardous in nature, including, but not
limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard,
and lumber, from the construction or destruction of a structure as part of a construction
or demolition project or from the renovation of a structure, and including rocks, soils,
tree remains, trees, and other vegetative matter that normally results from land clearing
or land development operations for a construction project, including such debris from
construction of structures at a site remote from the construction or demolition project
site. Mixing of construction and demolition debris with other types of solid waste will
cause it to be classified as other than construction and demolition debris. The term also
includes:
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction
project;
(b) Unpainted, nontreated wood scraps from facilities manufacturing materials
used for construction of structures or their components and unpainted,
nontreated wood pallets provided the wood scraps and pallets are separated
from other solid waste where generated and the generator of such wood
scraps or pallets implements reasonable practices of the generating industry
to minimize the commingling of wood scraps or pallets with other solid waste;
and
(c) De Minimis Amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent
with best management practices of the industry.
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For purposes of this Agreement, the term does not include "Roll-on, roll -off" service at
volumes less than fifteen (15) cubic yards.
3.15. Construction and Demolition Debris Commercial Container shall mean a
Commercial Container that is used to hold Construction and Demolition Debris.
3.16. Construction and Demolition Debris Service shall mean the Collection and
transport of Construction and Demolition Debris in a Commercial Container or a
Construction and Demolition Debris Commercial Container in the City by Franchisee.
3.17. Contract Manager shall mean the person designated by the City to act as the City's
representative during the term of this Agreement.
3.18. County shall mean Indian River County, Florida. It shall also include the Indian
River County Solid Waste Disposal District, a dependent special district of Indian River
County, Florida.
3.19. Curbside Collection Point shall mean the location where the Franchisee shall
pick up the Residential Solid Waste and Recyclable Materials discarded by a Customer.
3.20. Customer shall mean a Person having a contractual relationship with the
Franchisee for Residential Solid Waste Collection Service or Commercial Collection
Service pursuant to the terms of this Agreement and the City Code.
3.21. De Minimis Amount shall mean the amount of Solid Waste that lawfully may be
included in a container of Recovered Materials or Construction and Demolition Debris.
A De Minimis Amount of Solid Waste is three (3) percent, by volume or weight,
whichever is more restrictive, as determined by a measurement or visual inspection by
the Contract Manager.
3.22. County Landfill shall mean the Solid Waste Disposal Facility or Facilities owned or
operated by the County.
3.23. Freon -Containing Devices shall mean White Goods, appliances or other
devices that contain or may release Freon, such as refrigerators, freezers, air
conditioners, and dehumidifiers.
3.24. Garbage shall mean all kitchen and table food waste, and any animal, vegetative,
food or other organic waste that is attendant with or results from the storage, preparation,
cooking or handling of food materials.
3.25. Garbage Receptacle shall mean any commonly available light gauge steel, plastic,
or galvanized receptacle of a non-absorbent material, closed at one end and open at the
other, furnished with a closely fitted top or lid and handle(s), and includes a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle.
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3.26. Hazardous Waste shall mean any Solid Waste regulated as a hazardous waste by
the Florida Department of Environmental Protection or the U.S. Environmental Protection
Agency pursuant to Applicable Law.
3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or
industrial processes that is not a Hazardous Waste. Such waste many include, but is
not limited to, waste resulting from the following manufacturing processes: electric
power generation; fertilizer/agricultural chemicals; food and related products or by-
products; inorganic chemicals; iron and steel manufacturing; leather or leather products;
nonferrous metals manufacturing or foundries; organic chemicals; plastic products and
resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic
products; stone, glass, clay, and concrete products; textile manufacturing; transportation
equipment; and water treatment. This term does not include mining waste or oil and
gas waste.
3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed
by, for, or on behalf of the County for the purpose of receiving, sorting, processing,
storing, or preparing Recyclable Materials for sale.
3.29. Mobile Home Park shall mean any improved real property divided into spaces for
the placement of mobile or modular homes or trailers.
3.30. Multiple Dwelling Units shall mean any building containing five (5) or more
permanent living units. Multiple Dwelling Units include condominiums, but do not
include hotels or motels.
3.31. [Left intentionally blank]
3.32. [Left intentionally blank]
3.33. Person shall mean any and all persons, natural or artificial, including, without
limitation, any individual, firm, partnership, corporation, company, association, social
club, fraternal organization, church, religious sect, religious denomination, society,
organization or league, estate, trust, receiver, executor, administrator, trustee, or
syndicate, municipal corporation, municipality, district or county of Florida and any other
state; any governmental agency or political subdivision of any state or the federal
government; or any other legal entity, and any group or combination of the above acting
as a unit.
3.34. [Left Intentionally Blank]
3.35. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber
materials that have known recycling potential, can be feasibly recycled, and have been
diverted and source separated or have been removed from the solid waste stream for
sale, use, or reuse as raw materials, whether or not the materials require subsequent
C.
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processing or separation from each other, but does not include materials destined for
any use that constitutes disposal. Recovered materials are not Solid Waste.
3.36. [Left Intentionally Blank]
3.37. [Left Intentionally Blank]
3.38. [Left Intentionally Blank].
3.39. [Left Intentionally Blank]
3.40. [Left Intentionally Blank]
3.41. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash
resulting from the normal housekeeping activities of a Residential Unit or Mobile Home
Park that has elected to receive Residential Solid Waste Collection Service.
3.42. Residential Solid Waste Collection Service shall mean the Collection and
disposal of Residential Solid Waste generated within the Residential Franchise Area.
3.43. Residential Solid Waste Franchise Area shall mean the geographical area
comprising the City.
3.44. Residential Unit shall mean each and every lot or parcel of land that is improved
for occupancy as a single-family residence, duplex, triplex, or quadraplex, and any other
residence, except a Multiple Dwelling Unit. The term also includes individually -owned
mobile or modular homes or trailers that: have residential permanent license tags; are
erected on a separate parcel of property; are within the Residential Franchise Area or
the Residential Recyclables Franchise Area; and do not receive Commercial Collection
Service.
3.45. Sludge shall mean the accumulated solids, residues, and precipitates generated
as a result of waste treatment or processing, including wastewater treatment, water
supply treatment, or operation of an air pollution control facility, and mixed liquids and
solids pumped from septic tanks, grease traps, privies, or similar waste disposal
appurtenances.
3.46. Solid Waste shall mean Sludge unregulated under the federal Clean Water Act
or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or
air pollution control facility, or garbage, rubbish, refuse, Special Waste, or other
discarded material, including solid, liquid, semisolid, or contained gaseous material
resulting from domestic, industrial, commercial, mining, agricultural, or governmental
operations. Recovered Materials are not Solid Waste.
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3.47. Solid Waste Disposal Facility means any solid waste management facility
which is the final resting place for solid waste, including landfills and incineration
facilities that produce ash from the process of incinerating municipal solid waste.
3.48. Special Waste shall mean Solid Wastes that can require special handling and
management, including, but not limited to, White Goods, waste tires, used oil, lead -acid
batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological
Wastes.
3.49 Standard Issue Container shall mean the collection bin issued by the Franchisee
to every subscribing Residential Customer. Such Container shall be a mobile sixty-four
(64) gallon collection bin. Franchisee shall deliver the Container to new Customers at the
time of their subscription. For the purpose of the initial term of this Agreement, the
Franchisee will deliver Containers to existing Residential Customers by October 1, 2013.
If the Standard Issue Container is too large for disabled Customers, the Franchisee shall
make a reasonable accommodation and issue a smaller sized container to Customer.
3.50. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and
containers, sweepings, other accumulations of a similar nature, and broken toys, tools,
equipment and utensils. Trash does not include Garbage or Yard Trash.
3.51. Uncontrollable Force shall mean any event that results in the prevention or delay
of performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the non-performing party. It includes, but is not limited to fire, flood,
hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism,
sabotage, and governmental actions. Labor disputes, including, without limitation, strikes
and slowdowns, are not an Uncontrollable Force.
3.52. White Goods includes inoperative and discarded refrigerators, ranges, water
heaters, freezers, and other similar domestic and commercial large appliances. White
Goods do not include Freon -Containing Devices.
3.53. Yard Trash shall mean vegetative matter resulting from yard and landscaping
maintenance, including grass clippings, palm fronds, tree branches and other similar
matter.
Section 4. Grant of Franchise
4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this
Agreement, the Franchisee is hereby granted an exclusive franchise and sole authority to
provide (a) Residential Solid Waste Collection Service in the Residential Solid Waste
Franchise Area and (b) Commercial Collection Service.
4.1. Recvclables. The collection of residential recyclables is not a part of this Agreement.
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4.2. Limited Grant of Riahts. This Agreement does not grant any rights or remedies to
the Franchisee except those that are expressly identified and conveyed by the specific
terms of this Agreement.
4.3. Minimum Reauirements for Franchisee's Services. This Agreement establishes
minimum requirements and performance standards for the Franchisee. Any services
provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with
the requirements in this Agreement and any Applicable Law.
4.4. Recovered Materials. This Agreement does not prohibit any Person from
gathering, conveying, or processing Recovered Materials, provided such Person
otherwise complies with applicable Florida law. No franchise or permit shall be required
with respect to Recovered Materials. Containers of Recovered Materials may include a
De Minimis Amount of Solid Waste. Containers holding more than a De Minimis
Amount of Solid Waste shall be handled and regulated as Solid Waste.
Article 5. Title to Solid Waste and Recyclable Materials
5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials,
and Recyclable Materials are placed at a Curbside Collection Point or any other approved
location for Collection by the Franchisee within the City, the City shall hold title and
ownership to all such materials. The Franchisee shall have no right to take, keep,
process, alter, remove or otherwise dispose of any such materials, except as set forth
herein. However, the Franchisee shall have the sole responsibility and liability for the
lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that the
Franchisee Collects.
Article 6. Processing and Disposal
6.0. Processina. Recovered Materials collection, processing and marketing are outside
the scope of this Agreement.
6.1. Solid Waste Disposal. The Franchisee shall dispose of Residential Solid Waste
and Commercial Solid Waste Collected from within the City at the County Landfill.
Article 7. Franchise Fee
7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected
pursuant to the Franchise granted herein shall be paid to the City, by check, by the
Franchisee on or before the fifteenth (15"') day of each month for all services collected by
the Franchisee during the immediately preceding month.
Article 8. Residential Services
8.0. Hours of Residential Service- General. Residential Solid Waste Collection Service,
shall be provided Monday through Friday, beginning no earlier than 7:00 a.m. and ending
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no later than 5:00 p.m, unless previously authorized in writing by the Contract Manager in
response to an Uncontrollable Force.
8.1. Days of Residential Service. Residential Solid Waste shall not be Collected by the
Franchisee on Sundays or the holidays of Memorial Day, July 4th, Labor Day,
Thanksgiving, Christmas, or New Year's Day, unless necessary to respond to an
Uncontrollable Force. Residential Solid Waste does not need to be Collected by the
Franchisee on any holiday when the County Landfill is closed. If Residential Solid
Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall
collect the Residential Solid Waste on the Wednesday following such holiday if it occurs
on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday.
8.2 Freauencv of Residential Solid Waste Collection ,SPrvine—Garbaae and Trash. At
least two (2) times each week, the Franchisee shall Collect Garbage and Trash from those
Customers that requested Residential Solid Waste Collection Service. The Collections of
Garbage and Trash shall be at least three (3) days apart.
8.3. Freauencv of Service ---Yard Trash. Yard Trash shall be collected from Residential
Units receiving Residential Solid Waste Collection Service at least one (1) time per week.
Yard Trash shall not be commingled with Garbage.
8.4. Freauencv of Service–Bulk Trash. The Franchisee shall collect all Bulk Trash and
Freon -Containing Devices placed at the Curbside Collection Point within four (4)
calendar days after receiving a Customer's request to Collect such materials. There
shall be no additional charge to the Customer or the City for Collecting Bulk Trash.
Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash
to an alternative location within the County for processing.
8.5. Obligations Of Franchisee To Residential Customers - General. For Residential
Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the
paved surface of a public roadway, the closest accessible public right-of-way, or other
location agreed to by the Franchisee and Customer that provides safe and efficient access
for the Collection crew and vehicle. If a Customer is physically unable to deliver their
Residential Solid Waste or Recyclable Materials to the Curbside Collection Point, or the
Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative
location shall be designated by the Customer and Franchisee, at no extra cost to the
Customer.
8.5.1. Yard Trash Obligations. All Yard Trash, except palm fronds, must be bundled,
bagged in a biodegradable bag, or containerized by Customer. All Yard Trash must be:
separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in length and
no more than three (3) inches in diameter; less than fifty (50) pounds; shall not exceed four
(4) cubic yards per collection and shall be placed neatly at the Curbside Collection Point
by Customer. Natural Christmas trees will be collected as Yard Trash, provided that the
sections of the tree are not more than eight (8) feet in length or more than fifty (50)
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pounds. The Franchisee shall not co -mingle Yard Trash and other types of Solid Waste in
the Franchisee's Collection vehicles.
8.5.2. Bulk Trash Obliaations. Bulk trash shall not be commingled with Yard Trash. A
Customer's Bulk Trash may not be collected if determined by the Contract Manager and
the Franchisee, in writing, to be incompatible either with the Franchisee's collection
equipment or the County's Solid Waste management system, or of such weight or
quantity as would significantly hinder the effectiveness of the Collection or Solid Waste
disposal system.
8.6. Manner of Collection . The Franchisee shall Collect Garbage, Trash, Yard Trash,
and Bulk Trash with a minimum of noise and disturbance to the Customer and the public.
The Franchisee shall empty all the garbage placed in the Standard Issued Container and
then the Franchisee shall return the container to the same location where it was placed by
the Customer or the Curbside Collection Point. The Franchisee shall also collect any
garbage that may be placed next to the container from time to time. The Franchisee shall
reserve the right to refuse collection service, if in the Franchisee's determination that a
collection point is being used by more than one subscriber or non -subscribers) of the
collection service. Throwing or damaging Garbage containers is prohibited. If the
Standard Issue Container is deemed defective by the City, the Franchisee shall replace
the Container at no additional cost to the customer.
8.7. Routes and Schedules. On or before March 31 of each year, the Franchisee shall,
in a format acceptable to the Contract Manager, provide the Contract Manager with a
map of each route and the scheduled days for Collection of Garbage, Trash, Bulk
Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee
shall keep route maps, schedules, and Customer counts current at all times and shall
strictly follow the schedules and routes filed with the Contract Manger. The Franchisee
shall provide updated maps and schedules to the Contract Manager no later than three
(3) calendar days after any change.
8.7.1. Chanaes to Schedules. The Franchisee shall not change the scheduled days
for its Collection services until the Franchisee receives the Contract Manager's prior
written authorization. The Contract Manager's approval of such changes shall not be
unreasonably withheld. In the event that the Contract Manager authorizes a change in
schedules that alters the Collection day for any Customer, the Franchisee shall, at its
expense, notify each affected Customer by mail or other manner approved by the
Contract Manager not less than one (1) week prior to the change.
Article 9. Residential Rates and Billing
9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential
Unit for Residential Solid Waste Collection Service charged by Franchisee shall be
$11.18 per month as depicted in the rate schedule attached here to and marked Exhibit
"A". The foregoing is the total rate that may be charged by the Franchisee for
Residential Solid Waste Collection Service and it includes all franchise fees, collection
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costs, disposal costs and other fees and expenses. Notwithstanding the foregoing, the
Franchisee and the City acknowledge and agree that the total rate for Residential Solid
Waste Collection Service is subject to adjustment as set forth in this Agreement. The
Franchisee shall not separately state the amount of the franchise fee on any bill to any
residential Customer.
9.1. Residential Solid Waste Collection Service Billinq. Billing for Residential Solid
Waste Collection Service shall be the sole responsibility of the Franchisee.
Article 10. Commercial Collection Service
10.0. General. The Franchisee shall provide all Commercial Collection Service within
the City.
10.1. Freauencv of Collection. Commercial Collection Service shall be provided at
least once per week, except that the Collection of Recyclable Materials may be
provided as agreed by the Customer and Franchisee. In any event, Commercial
Collection Service shall be provided frequently enough to prevent the creation of a
public nuisance or a threat to the public health, safety, or welfare. The Contract
Manager shall assist the Franchisee and Customer in confirming that the size of the
Commercial Container and the frequency of the Collection service are sufficient to
ensure that Commercial Solid Waste is not routinely placed or stored outside the
Commercial Container.
10.2. Location of Collection of Commercial Containers. Commercial Containers for
Commercial Solid Waste or Recyclable Materials shall be placed at locations that are
mutually acceptable to the Franchisee and the Customer, and in compliance with the
City's land use ordinances. If a dispute should arise between a Customer and the
Franchisee regarding the location of the Commercial Container, the Contract Manager
shall designate the location.
10.3. Commercial Containers Reauired. Construction and Demolition Debris generated
or accumulated at the site of a construction, demolition or renovation project shall be
stored in a Commercial Container until removed from the site. All other Solid Waste
generated or accumulated at the site of a construction, demolition or renovation project
shall be stored in a separate Commercial Container or Garbage Receptacle.
10.4. Non-Conformina Containers Prohibited. The use of any container or receptacle
other than a Commercial Container or a Construction and Demolition Debris
Commercial Container to store Construction and Demolition Debris at a construction,
demolition or renovation site is prohibited. The City may prohibit the use of any
Commercial Container or Construction and Demolition Debris Commercial Container
that is found to be unsuitable or undersized.
10.5. Adiacent Areas. Construction and Demolition Debris or other Solid Waste which
is cast, blown, or scattered upon any adjacent property as a result of construction,
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demolition, or renovation activities shall be removed by the Person responsible for the
construction, demolition or renovation activities no later than the end of the day on
which the activities occur or earlier if the waste material causes littering.
Article 11. Commercial Collection Service and Construction
and Demolition Debris Service Rates and Billing
11.0. Rates — General. The Commercial Collection Service rates set forth in this
Agreement are maximums, and volume discounts may be negotiated between the
Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the
City acknowledge and agree that the Commercial Collection Service rates are subject to
adjustment as set forth in this Agreement.
11.1. Rates. All Customers receiving any type of Commercial Collection Service,
including Construction and Demolition Debris Service, will be charged on a per cubic
yard basis. Charges will be billed monthly in advance by the Franchisee according to
the rate schedule attached hereto marked Exhibit "A".
11.2. Other Charaes. The rates for Commercial Collection Service and Construction
and Demolition Debris Collection Service do not include disposal fees, maintenance
fees, franchise fees, and other extra charges. Such fees shall not be added to a
Customer's invoice unless they are individually listed and itemized.
11.3. Billing. Billing for Commercial Collection Service, and for Construction and
Demolition Debris Service shall be the sole responsibility of the Franchisee.
Article 12. Adjustments to Rates
12.0. CPI Chanaes in Rates. Compensation payable to the Franchisee 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 US, all items,
1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor
Statistics ("CPI"). Should the CPI be discontinued or substantially modified, then an
alternate index shall be chosen by mutual agreement of the City and the Franchisee.
Beginning on October 1, 2014, and on each October1 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 shalt
exceed percent (3%) per annum. The Franchisee 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.
12.1. Chane of Law. The parties understand and agree that the Florida Legislature from
time to time has made comprehensive changes in Solid Waste management legislation
and that these and other changes in law in the future, whether federal, state or local, which
mandate certain actions or programs that may require changes or modifications in some of
the terms, conditions or obligations under this Agreement. Nothing contained in this
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Agreement shall require any party to perform any act or function contrary to law. To the
extent that any law effective after the effective date of this Agreement is in conflict with, or
requires changes in, the provisions of services to be provided under this Agreement, the
parties agree to enter into goad -faith negotiations to determine whether the Franchisee's
rates should be adjusted as a result of a change in law.
12.2. Limitation on Rate Changes. The Franchisee shall not be allowed a rate increase
for any reason other than those expressly specified in this Agreement. Notwithstanding
the foregoing, in the event that a federal, state or local entity imposes a fee, charge or
tax after the date of this Agreement that applies to Franchisee's operations per se,
such fee, charge or tax shall be treated as a change in law and shall be passed through
as a separate billed item after notice and confirmation by the City.
12.3. Rate Adiustment Procedure. Should the Franchisee seek an adjustment of any
charges established and approved by the Council, other than the CPI Changes in Rates
set forth in section 12.0 of this Agreement, then Franchisee shall notify the City in
writing, setting forth the schedule of rates and charges which it proposes and a written
justification for the request. A public hearing shall be held on the request. The request
for a public hearing shall be submitted to the City with supporting data for review and
presentation to the Council. The hearing may thereafter be continued from time to time
as determined by the Council. The Council shall make a determination whether the
adjustment in charges is necessary and justified under the circumstances provided
herein and set forth in Franchisee's justification for rate adjustment.
Article 13. General Obligations Of Franchisee
13.0. Prohibitions on Bioloaical. Biomedical. and Hazardous Waste. The Franchisee
shall not Collect Biological Waste, Biomedical Waste, or Hazardous Waste and the
Franchisee shall not deliver or dispose of any of the foregoing wastes at the County
Landfill. Franchisee shall not Collect any Solid Waste that the Franchisee reasonably
believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee
shall immediately notify the Contract Manager if any Customer attempts to deliver such
material to the Franchisee or the City. The City shall have the right to inspect the Solid
Waste and Recyclable Materials Collected by the Franchisee at any time to determine
whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical
Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to
ensure that the Franchisee's Customers do not deliver such materials to the
Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and
disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the
Franchisee delivers to the County Landfill.
13.1. SDillaae. The Franchisee shall not litter, and shall not spill Solid Waste or
Recyclable Materials, anywhere in the City. Whenever the Franchisee is hauling Solid
Waste or Recovered Materials, in the City, the Franchisee shall take all necessary steps to
ensure that the material is contained, tied, or enclosed so that leaking, spilling and blowing
of such material is prevented. In the event that any material or liquid spills, blows or leaks
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from the Franchisee's vehicle, the Franchisee shall immediately clean up the spillage,
leakage and litter at no cost to the City or the Customer. If a Customer or the Contract
Manager notifies the Franchisee that its actions have caused litter, spillage, or leakage
within the City, the Franchisee shall remedy such problem within 24 hours after being
notified. In all such cases, the cost of any cleanup, remediation or damages shall be the
sole responsibility of the Franchisee.
13.2. Financial Reports. Franchisee shall provide to the City annually a financial
statement and report that includes an income statement showing the gross revenue
received by the Franchisee from the Collection of Solid Waste and other services
provided by the Franchisee under this Agreement. The report must include the opinion
of a Certified Public Accountant, who has conducted an audit of the Franchisee's books
and records in accordance with generally accepted accounting standards which include
tests and other necessary procedures, that the financial statements are fairly presented in
all material aspects and in conformity with generally accepted accounting procedures.
The report also must include the Certified Public Accountant's opinion that the Franchisee
has properly calculated and fully paid the franchise fees that are due and owing to the City
pursuant to the provisions of this Agreement. The annual audit shall be delivered to the
City within one hundred and twenty days after the end of the Franchisee's fiscal year. The
City may waive the requirement of an audited financial statement upon good cause.
13.3. Customer Complaints. If the City receives a complaint regarding the Franchisee's
service under this Agreement, the complaint shall be immediately forwarded to the
Franchisee by telephone, e-mail or facsimile. The Franchisee shall respond to the
complaint within twenty-four hours after the Franchisee receives the complaint. When
the complaint is received after twelve o'clock noon on a Saturday or on a day preceding
an approved holiday the Franchisee shall respond to the complaint no later than the
next day that is not a holiday or a Sunday. Upon resolution of the complaint, the
Franchisee shall notify the City within twenty-four hours, by telephone or facsimile, of
the action taken to resolve the complaint.
13.3.1 Record. The Franchisee shall keep a written record of all complaints it receives
regarding the Franchisee's service under this Agreement. The Franchisee shall use a
standard form to record the pertinent facts regarding each complaint and how it was
resolved. The form shall identify the time and date when a complaint was received,
when the Franchisee responded to the complaint, and when the complaint was
resolved. The Franchisee's records and forms shall be kept up to date and shall be
maintained throughout the term of this Agreement. Copies of the complaints and forms
shall be kept at the Franchisee's office and shall be available for inspection by the
Contract Manager during normal business hours.
13.3.2. Notice of Certain Tvoes of Complaints. The Franchisee shall immediately notify
the Contract Manager if the Franchisee receives a complaint involving a claim of
personal injury, death, or property damage resulting from the Franchisee's actions in the
City. The Franchisee shall provide the Contract Manager with a written report about
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any such matters within three calendar (3) days after the Franchisee receives the
complaint.
13.4. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from
a Customer because the Customer failed properly to prepare or place the Solid Waste
for Collection, the Franchisee shall provide written notification to the Customer
explaining why the Solid Waste was not Collected and what the Customer must do to
properly prepare or place the Solid Waste for Collection. The Franchisee's initial notice
may consist of the Franchisee's Collection crew leaving a written notice or tag on the
Garbage Receptacle or Solid Waste in question.
13.5. Communitv Cleanups. The Franchisee shall perform at least two community
cleanups within the Residential Solid Waste Franchise Area each calendar year. The
times and locations of the community cleanup shall be selected by the Contract
Manager after coordinating with the Franchisee. The Franchisee shall provide
appropriate containers during each community cleanup at no cost to the City or to the
sponsor. During the community cleanup, the Franchisee shall Collect only Garbage,
Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to
the County Landfill for disposal at no cost to the Franchisee.
13.5.1. Special Event Cleanups. In addition to the Community Cleanups, the
Franchisee shall perform one annual collection event each for electronics, paper
shredding and white goods. The time and location of the Special Event Cleanups shall
be selected by the Contract Manager and coordinated with the Franchisee.
13.5.2 Waste Watch. Franchisee shall develop a "Waste Management Waste -Watch"
Program in the City of Sebastian.
13.6. Collection for Citv Facilities. Franchisee shall provide collection services at City
facilities at no charge, including special service for the four major City -sponsored
festivals held annually at Riverview Park.
13.6.1. The Franchisee shall provide the City with five (5) solar recycling compactors
and provide regular collection service and maintenance for each bin. The City shall
select the location of each recycling compactor. The location of the compactors may
change from time to time.
13.7. Uncontrollable Forces. Neither the County nor Franchisee shall be in default of this
Agreement, nor shall the Franchisee be subject to the administrative charges set forth in
Section 14 of this Agreement, if delays in or failure of performance are due to
Uncontrollable Forces, the effect of which the non-performing party could not avoid by the
exercise of reasonable diligence. Neither party shall, however, be excused from
performance if nonperformance is due to forces or events that are preventable, removable,
or remediable and which the non-performing party could have, with the exercise of
reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The
non-performing party shall, within a reasonable time of being prevented or delayed from
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performance by an Uncontrollable Force, give written notice to the other party describing
the circumstances and Uncontrollable Forces preventing continued performance of the
obligations of this Agreement, and the expected time when performance in compliance
with this Agreement will resume.
13.8. Contract Chanaes for Public Welfare. The City shall have the authority to make
changes in this Agreement when such changes are deemed necessary and desirable for
the public welfare. The City shall give the Franchisee reasonable notice of any proposed
change and an opportunity to be heard concerning the proposed change. The Franchisee
shall be reasonably and appropriately compensated for any additional services required of
the Franchisee due to any modification in this Agreement under this paragraph.
13.9. Office. The Franchisee shall maintain an office in Indian River County. The
Franchisee shall maintain two or more toll free telephone number(s) where service
inquiries and complaints can be received by the Franchisee. The Franchisee's office
shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a
telephone answering service or answering machine to receive service inquiries and
complaints during those times when the office is closed. The Franchisee also shall
develop a system, subject to the Contract Manager's approval, for receiving emergency
calls from the public at anytime, and for communicating with the City regarding
emergency matters.
13.10. Vehicles and Eauioment. At all times the Franchisee shall have a sufficient
number of trucks, Commercial Containers, and other equipment available and in good
working condition so that the Franchisee can efficiently perform its contractual duties
under this Agreement. The Franchisee shall also have available reserve vehicles and
equipment that can be put into service within twelve (12) hours of any breakdown or
malfunction that can provide similar service to the Franchise Area. Vehicles used by
the Franchisee in the performance of this Agreement shall be clearly identified with the
Franchisee's name, local phone number, truck number, and tare weight. Letters and
number shall be at least four (4) inches high.
13.10.1 List. On or before March 31 of each year, the Franchisee shall provide the
Contract Manager with a list of the trucks and other Collection equipment that will be
used by the Franchisee to provide services under this Agreement. The list shall include
the license tag number for each truck and the identification number (if any) for each
Commercial Container. The Franchisee shall revise and resubmit the list to the
Contract Manager during the term of this Agreement if there are any changes to the list
of the trucks, other Collection equipment, or Commercial Containers. The requirements
of this paragraph do not apply to: (a) trucks and other Collection equipment used in the
City for 30 days or less; or (b) bona fide demonstration trucks and other Collection
equipment.
13.10.2. Condition of Eauipment. At initiation of the Franchise Agreement, all collection
equipment shall be in good working order. The City reserves the right to inspect all
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equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a
clean, sanitary condition and in good repair. Any vehicle emitting excessive odor shall
be taken out of service and washed prior to being placed back in service. All vehicles
and auxiliary equipment shall be regularly maintained in a manner necessary to prevent
the release or discharge of Solid Waste, Recyclable Materials, oil, hydraulic fluids, or
other fluids into the environment. The Franchisee's vehicles shall not emit visible air
emissions during normal operation. The Franchisee's vehicles shall be in compliance
with all Applicable Laws, including, without limitation, laws concerning noise, air
pollution, and traffic safety. Should the City determine that the Franchisee's equipment
does not meet the City's operational and safety standards, the Franchisee shall
immediately replace such equipment. At no time during the course of the Agreement
shall the Franchisee's equipment become older than twelve (12) years.
13.10.3 Compressed Natural Gas (CNG). By January 1, 2015, the Franchisee shall
service the City with an all compressed natural gas equipment fleet.
13.10.4. Equipment Reauired on Vehicles. All collection vehicles shall carry a broom, a
shovel, a fire extinguisher, absorbent materials and other equipment necessary to clean
up any spilled materials.
13.10.5. lnsoection of Vehicles and Eauioment. The Contract Manager may inspect
the operations, vehicles, and equipment of Franchisee at any reasonable time upon
giving of reasonable notice and the Franchisee shall allow the Contract Manager to
make such inspections.
13.11. Franchisee's Operations Manaaer. The Franchisee shall assign a qualified person
or persons to be in charge of the Franchisee's operations within the City. Within three (3)
days after the City signs this Agreement, the Franchisee shall provide the Contract
Manager with a written list containing the names and telephone numbers of the
Franchisee's operations manager and other key personnel, and the telephone numbers
that are to be used to contact the Franchisee in the event of an emergency.
13.12. Personnel. All of the Franchisee's employees shall be properly trained and
qualified to perform the tasks assigned to them. The Franchisee shall provide routine
training in operating and safety procedures for all of the Franchisee's employees that are
directly involved in the Collection or processing of Solid Waste or Recyclable Materials in
the County. Each driver of the Franchisee's vehicles shall at all times carry a valid Florida
driver's license for the type of vehicle that is being driven. The Franchisee's employees
shall wear a uniform, shirt, or vest bearing the Contractor's name whenever they are
Collecting or transporting Solid Waste or Recyclable Materials in the City. The
Franchisee's personnel shall not scavenge for Solid Waste or Recyclable Materials.
13.12.1. Polite and Courteous Behavior. The Franchisee's employees shall treat all
Customers in a polite and courteous manner. All personnel of Franchisee shall refrain
from belligerent behavior and profanity. Franchisee's personnel shall not request tips or
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payment of any kind from Customers. The Franchisee shall promptly take appropriate
action to correct any such behavior or language.
13.13. Emplovee Waaes and Benefits. The Franchisee shall comply with all Applicable
Laws relating to wages, hours, overtime, disability, and all other matters relating to the
employment and protection of employees, now or hereafter in effect.
13.14. Permits and Licenses. The Franchisee shall obtain, at its sole expense, any and
all permits and licenses required by Applicable Law in connection with this Agreement and
Franchisee shall maintain the same in full force and effect throughout the term of this
Agreement. Any revocation of the Franchisee's licenses or permits shall be reported to
the City within three (3) calendar days.
13.15. Public Entitv Crimes. No Franchisee may be a person or affiliate identified on the
Florida Department of General Services "convicted vendor" list. This list is defined as
consisting of persons and affiliates who are disqualified from the public contracting and
purchasing process because they have been found guilty of a public entity crime. The
Franchisee is required to comply with Florida Statutes Section 287.133, as amended, or its
successor. The Franchisee shall notify the Contract Manager within three (3) days if the
Franchisee is found guilty of public entity crime or placed on the convicted vendor list.
13.16. Non -Discrimination. The Franchisee, in performing under this Agreement, shall
not discriminate against any worker, employee, or applicant or any member of the public
because of race, creed, religion, color, sex, age, marital status, disability, or national origin,
or otherwise commit an unfair unemployment practice on such basis.
13.17. Natural Disasters and Other Emeraencv Conditions - Variances from Normal
Services. In the event of a natural disaster or other emergency, the Contract Manager
may grant a variance from the normal requirements of this Agreement. Among other
things, the Contract Manager may allow the Franchisee to use other routes, schedules,
and disposal sites during the time period in which an Uncontrollable Force prevents the
Franchisee from complying with the normal requirements in this Agreement. In such
circumstances, the City shall ask the local media to inform the public about the changes
in the Franchisee's services As soon as practicable after such natural disaster or
Uncontrollable Force, the Franchisee shall resume normal operations. In such cases, the
Franchisee shall make the City a priority.
13.17.1. Franchisee Unable to Provide Contracted Services. In the event that the
Franchisee Is unable to provide adequate services during an emergency or other event
involving an Uncontrollable Force, the City may hire other Contractors to provide those
services. In such case, the City reserves the right to charge the Franchisee for all costs
and expenses that the City incurs while providing the services that the Franchisee is
obligated to provide pursuant to the requirements of this Agreement, subject to setoff for
the amounts that would have been paid to Franchisee for the services.
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13.17.2. Rapid Recovery from Disaster. The clean-up from some natural disasters may
require that the Franchisee hire additional equipment, employ additional personnel, or
work existing personnel on overtime hours to clean debris resulting from the natural
disaster. The Franchisee shall not receive any extra compensation (i.e., above the normal
compensation provided in this Agreement) to recover the costs of rental equipment,
additional personnel, overtime hours, or other expenses unless the Franchisee has
received written authorization and approval from the Contract Manager prior to the work
being performed. All such costs may be audited by the City prior to payment.
13.18. Disaster Response Plan. The Franchisee shall develop and provide to the City
a disaster preparedness and response plan by March 31 of each year. This plan shall
include provisions for additional personnel and equipment and shall establish a
reasonable, verifiable basis for any charges. In the event that excess work resulting from
a natural disaster is compensable by the Federal Emergency Management Agency, or any
other local, state, or federal agency, any compensation to the Franchisee shall be subject
to such agency's prior approval. The Franchisee shall be familiar with Federal
Emergency Management Agency documentation requirements and shall provide the
necessary documentation for submission of cost reimbursement requests. The
Franchisee shall be required to submit its Federal Emergency Management Agency
documentation of costs as a condition of payment for additional personnel and
equipment pursuant to this section.
13.19. Insurance.
13.19.1. Workers' Comoensation Insurance. Workers' Compensation coverage must be
maintained in accordance with statutory requirements as well as Employer's Liability
Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by
disease and $500,000.00 aggregate by disease.
13.19.2. Liabilitv Insurance. The Franchisee shall, during the term of this Agreement,
maintain in full force and effect commercial general liability insurance and automobile
liability insurance, which specifically covers all exposures incident to the Franchisee's
operations under this Agreement. Such insurance shall be with a company authorized to
do business in the State of Florida and which possesses a minimum, current rating of
B+ Class VIII in "Best's Key Rating Guide." Each policy shall be in an amount of not less
than $1,000,000.00 Combined Single Limit for personal bodily injury, including, without
limitation, death, and property damage liability and the general liability shall include but not
be limited to coverage for Premises/Operations, Products/Completed Operations,
Contractual, to support the Franchisee's Agreement or indemnity and Fire Legal Liability.
In addition to the above liability limits, the Franchisee shall maintain a $5,000,000.00
umbrella and/or excess liability coverage. Liability policy(ies) shall be endorsed to show
the City as an additional named insured as its interests may appear, and shall also provide
that insurance shall not be canceled, limited, or non -renewed until after thirty (30) days
written notice has been given to the City. Franchisee shall provide the City with copies of
current certificates of all required insurance concurrently with execution of this Agreement
by Franchisee. Franchisee expressly understands and agrees that any insurance
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protection furnished by Franchisee shall in no way limit its liability to the City or its
responsibility to indemnify and save harmless City and the officials, officers, and
employees of the City under the provisions of this Agreement.
13.20. Indemnification. The Franchisee agrees to hold the City and the officials,
officers, and employees of the City harmless from any and all liabilities, losses,
penalties, costs or damages the City, its officials, officers, and employees may suffer as
a result of any claims, demands, suits, or judgments against the City, its officials,
officers, and employees arising out of or in any way related to the negligent acts or
omissions of the Franchisee or its employees under this Agreement. The Franchisee
shall not be required to indemnify or hold the City harmless for any act or omission
caused by the sole negligence or willful misconduct of the City or its officials, officers, or
employees. This indemnification and hold harmless agreement shall survive the
termination or expiration of this Agreement.
13.21. Damage. The Franchisee including, without limitation, its agents, employees and
subcontractors, shall perform all services under this Agreement in such a manner so as
to avoid damage to public and private property and shall promptly repair or pay for any
such damage in conjunction with its insurance adjustment procedures.
13.22. Compressed Natural Gas Fueling Station. Franchise shall construct, operate
and maintain a full service compressed natural gas fueling station in the City limits of
the City of Sebastian, Florida if the following conditions are met:
A. Franchisee shall be awarded a continuing exclusive franchise for solid
waste collection in Indian River County during the term of this Agreement
or any extension hereof and such franchise has a term of at least three
years;
B. Franchisee and City shall negotiate in good faith to locate or provide City
property for station location and such property, zoning and all restrictions
related to the property and the costs associated with its procurement are
acceptable to Franchisee in its reasonable discretion;
C. Natural gas infrastructure is reasonably extended to the potential fueling
station site; and,
D. Franchisee agrees to design fueling station according to City land
development regulations; and
E. The parties enter into a definitive agreement regarding the property that
addresses all issues raised by either party after the specific property is
identified.
Article 14. Administrative Charges to Franchisee for Failure to Perform
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14.0. Failure to Pav Franchise Fee. Franchise fee payments received after the fifteenth
(15th) day of the month shall bear interest at 18% per year. Except for an Uncontrollable
Force, franchise fee payments received more than twenty (20) days after the due date
shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the
second nonpayment; and $5,000 for the third nonpayment. Three late payments in any
one calendar year, or failure to make payment within thirty (30) days after the due date,
unless due to an Uncontrollable Force shall result in termination of this Agreement.
14.1. Customer Service Com4laints. All Customer service complaints received by the
Franchisee or Contract Manager and reported to the Franchisee shall be promptly
resolved pursuant to applicable terms of this Agreement. Customer service Complaints
shall not include Customer informational requests or Recycling Container requests.
Customer service complaints may include, but are not limited to, the following:
.1 Commingling Solid Waste with Yard Trash
.2 Throwing of Garbage Receptacles
.3. Failure to collect Solid Waste on schedule
.4 Failure to replace Garbage Receptacles or Commercial Containers to the point
of collection.
14.1.1. In the event Customer service complaints received from Residential Solid Waste
Collection Service customers exceed any of the following percentage(s):
Complaint Tvoe
Garbage, Trash and Damage
Yard Trash
Annual % Monthly %
4% 0.5%
2.5% 0.35%
of the Customers in the Franchise Area served by the Franchisee as determined on the
first day of each calendar year, the Contract Manager may levy $100.00 administrative
charges for each incident exceeding these percentages, on a calendar year or monthly
basis as is appropriate.
14.2. [Left Intentionally Blankl
14.3. [Left Intentionally Blankl
14.4. Chanaina Scheduled Collection Days without Approval. Changing scheduled
Collection days without approval will result in a $2000.00 administrative charge per
incident.
14.5. Failure to Clean Up SDillaae. Failure to clean up spillage of any substance required
to be cleaned up by and in accordance with the City of Sebastian requirements will result
in a $200.00 administrative charge per day, per incident.
14.6. Failure to Complete Route. Failure to complete, either partially or totally, a route on
the regular scheduled collection day shall result in an administrative charge of $1,000 for
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each route per day not completed, provided that no such fine will be charged due to an
Uncontrollable Force or if the route is more than ninety percent (90%) complete and is
thereafter completed within five (5) hours.
14.7. Other Performance Standards and Administrative Charaes. The Contract Manager
may also levy administrative charges for all other infractions of this Agreement at $100.00
per day per incident, beginning with the third reported incident, without regard to the
percentage of customer complaints including, without limitation:
.1. Failure to provide clean, safe, sanitary Collection equipment
.2. Failure to maintain office hours as required
.3. Operator not licensed
.4. Collection Vehicle not licensed
.5. Failure to provide documents and reports in a timely and accurate manner
.6. Failure to cover materials on Collection vehicle
.7 Collection vehicles left standing on street unnecessarily
.8. Collection employees out of uniform
.9. Not providing schedule and route maps
.10. Speeding, upon conviction
.11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer
who has been missed more than three times per calendar year
12. Failure to respond to Customer calls in a timely and appropriate manner
14.9. Citv Repair of Damaae. in the event the Franchisee fails to repair damages caused
by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the
repairs and impose an administrative charge to the Franchisee for the cost of the repairs
and any applicable administrative expenses.
14.10. Pavment of Administrative Charaes by Franchisee. The Contract Manager shall
notify the Franchisee in writing of the City's intent to assess any administrative charges
provided under this Agreement. The Contract Manager shall provide to Contractor an
itemized written list of each instance in which Franchisee failed to meet the performance
standards specified in this Agreement, including the nature of the failure, date, time,
location, and any other available and applicable information, with a reasonable degree
of specificity as allowable under the circumstances. Such itemized list will be provided
to the Franchisee monthly, on or before the tenth (10th) calendar day of each month.
The Franchisee shall have two (2) weeks following receipt of such list to pay the entire
amount of the Administrative Charges or to contest same as set forth herein. In the
event the Franchisee wishes to contest such assessment it shall, within ten (10) calendar
days after receiving such notice, request in writing an opportunity to be heard by the
Contract Manager and present its explanation and any basis on which the Franchisee
believes any recorded failure to perform within the standards of this Agreement is
inaccurate. The Contract Manager shall notify the Franchisee in writing of any action
taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing,
the decision of the Contract Manager to the City Manager, who shall conduct a review of
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all of the facts and circumstances, and make a determination in writing. The decision of
the City Manager will be final.
Article 15. Default
15.0. Causes of Default . The City may terminate this Agreement, except as otherwise
provided below in this section, by giving Franchisee thirty (30) days advance written
notice, to be served as hereafter provided, upon the happening of any one of the following
events:
.1. Filina of Insolvencv or Bankruotc)r. Franchisee shall take the benefit of any present or
future insolvency statute, or shall make a general assignment for the benefit of creditors,
or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for
its reorganization or the re -adjustment of its indebtedness under the federal bankruptcy
laws or under any other law or state of the United States or any state thereof, or consent to
the appointment of a receiver, trustee or liquidator of all or substantially all of its property;
.2. Declaration of Bankruptcv. By order or decree of a Court, Franchisee shall be
adjudged bankrupt or an order shall be made approving a petition filed by any of its
creditors or by any of the stockholders of the Franchisee, seeking its reorganization or the
readjustment of its indebtedness under the Federal bankruptcy laws or under any law or
statute of the United States or of any state thereof, provided that if any such judgment or
order is stayed or vacated within sixty (60) days after the entry thereof, any notice of
cancellation shall be and become null, void, and of no effect; unless such stayed judgment
or order is reinstated in which case, said default shall be deemed immediate;
.3. Control by Receiver. Trustee. or Liauidator. By or pursuant to or under authority of any
legislative act, resolution or rule or any order or decree of any Court or governmental
board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take
possession or control of all or substantially all of the property of the Franchisee, and such
possession or control shall continue in effect for a period of sixty days; or
A. Failure to Perform Services under Aareement. The Franchisee has defaulted, by
failing or refusing to perform or observe the terms, conditions or covenants in this
Agreement or has wrongfully failed or refused to comply with the instructions of the
Contract Manager relative thereto, whether such default is considered minor or major, and
such default is not cured within thirty (30) days of receipt of written notice by City to do so,
or if by reason of the nature of such default, the same cannot be remedied within thirty (30)
days following receipt by Franchisee of written demand from City to do so, Franchisee fails
to commence the remedy of such default within said thirty (30) days following such written
notice or having so commenced shall fail thereafter to continue with diligence the curing
thereof (with Franchisee having the burden of proof to demonstrate that the default cannot
be cured within thirty (30) days, and that it is proceeding with diligence to cure such
default, and such default will be cured within a reasonable period of time). Failure to make
timely payment of the Franchise Fee shall not be considered a curable default.
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.5. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the
term of this Agreement been found to have Collected Residential Solid Waste generated
from outside the Residential Solid Waste Franchise Area from non -Customers without
the prior written approval of the Contract Manager.
15.1. Interim Collection Services. Notwithstanding anything contained herein to the
contrary, if Franchisee fails to provide Residential Solid Waste Collection Service for a
period of three (3) consecutive scheduled Collection days, the City may obtain the
Franchisee's Collection records on the fourth Collection day to provide applicable interim
Collection services until such time as the Franchisee is again able to perform pursuant to
this Agreement; provided, however, if the Franchisee is unable for any reason or cause to
resume performance at the end of ten (10) working days, all liability of the City under this
Agreement to the Franchisee shall cease and this Agreement may be deemed
immediately terminated by the City.
15.2. Habitual Violator. Notwithstanding the foregoing and as supplemental and
additional means of termination of this Agreement under this section, in the event that
Franchisee's record of performance shows that Franchisee has frequently, regularly or
repetitively defaulted in the performance of any of the covenants and conditions required
herein to be kept and performed by Franchisee, in the reasonable opinion of the City and
regardless of whether Franchisee has corrected each individual default, Franchisee shall
be deemed a "habitual violator," shall forfeit the right to any further notice or grace period
to correct or cure future defaults, and all of such defaults shall be considered cumulative
and, collectively, shall constitute a condition of irredeemable default. The City shall
thereupon issue a final warning letter to Franchisee, setting forth in detail all of the facts
and circumstances constituting the determination of "habitual violator." Thereafter, any
single default by Franchisee of whatever nature shall be grounds for immediate
termination of this Agreement. In the event of any such subsequent default, the City may
terminate this Agreement upon the giving of written final notice to Franchisee, such
termination to be effective on the date set forth in the final notice, and all contractual fees
due under this Agreement plus any and all charges and interest shall be payable to such
date, and Franchisee shall have no further rights under this Agreement. Immediately upon
receipt of such final notice, Franchisee shall proceed to cease any further performance
under this Agreement.
15.3. Date of Aareement Termination for Default Except as otherwise provided in this
section, termination shall be effective upon the date specified in City's written notice to
Franchisee and upon such date this Agreement shall be deemed immediately terminated
and upon such termination all liability of the City under this Agreement to the Franchisee
shall cease, and the City shall be free to negotiate with any Person for Collection services.
The Franchisee shall reimburse the City for all direct and indirect costs of providing interim
Collection service.
Article 16. General Provisions
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16.0. Survival. Except as otherwise expressly provided herein, each obligation in this
Agreement to be performed by Franchisee shall survive the termination or expiration of
this Agreement.
16.1. Waiver. The failure of the City at any time to require performance by the Franchisee
of any provision hereof shall in no way affect the right of the City thereafter to enforce the
same. No waiver by the City of any breach of any provision hereof shall be taken or held
to be a waiver of any succeeding breach of such provision or as a waiver of any provision
itself.
16.2. Remedies. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy and each and every such remedy shall be cumulative
and shall be in addition to every such remedy given under this Agreement or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party or any right, power, or remedy under this Agreement shall
preclude any other or further exercise thereof. If any legal action or other
proceeding is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default, or misrepresentation in connection with any
provisions of this Agreement, each party shall bear its own costs.
16.3. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Florida. Any and all legal action necessary to interpret or enforce the Agreement
will be held in Indian River County and the Agreement will be interpreted according to the
laws of Florida. The parties hereto expressly waive all right to trial by jury of any dispute
relating to this Agreement.
16.4. Severabilitv. The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion or
provision of the Agreement. Any void provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The
provisions of this Section shall not prevent the entire Agreement from being void should a
provision which is of the essence of the Agreement, at the option of the City, be
determined to be void.
16.5. Assiqnment and Subcontractinq.
16.5.1 Assiqnment of Entire Aareement. No assignment of this Agreement or any right
occurring under this Agreement shall be made in whole by the Franchisee without the
express prior written consent of the City. The City shall have full discretion to approve or
deny, with or without cause, any proposed assignment by the Franchisee. Any
assignment of this Agreement made by the Franchisee without the express prior written
consent of the City shall be null and void and shall be grounds for the City to declare a
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default of this Agreement and immediately terminate this Agreement by giving written
notice to the Franchisee. Upon the date of such notice, this Agreement shall be deemed
immediately terminated, and upon such termination all liability of the City under this
Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any
Person for the services that are the subject of this Agreement. In the event of any
permitted assignment, assignee shall fully assume all the liabilities of the Franchisee under
this Agreement.
16.5.2. JLeft Intentionally Blankl
16.6. Modification of the Aorepment. This Agreement constitutes the entire agreement
and understanding between the parties hereto and supersedes all prior and
contemporaneous agreements and understandings, representations and warranties,
matters, whether oral or written, relating to such matters and this Agreement shall not be
considered modified, altered, changed, or amended in any respect unless in writing and
signed by the parties hereto. Such modification shall be in the form of an Amendment
executed by both parties.
16.7. Independence of Parties. It is understood and agreed that nothing herein
contained is intended or should be construed as in any way establishing the relationship of
co-partners or joint venturers between the parties hereto, or as constituting the Franchisee
as the agent, representative, or employee of the City for any purpose whatsoever. The
Franchisee is to be and shall remain an independent contractor with respect to all services
performed under this Agreement.
16.8. Resolution of Disputes. Except as specifically provided herein, any and all
disputes or disagreements arising out of this Agreement shall be subject to the decision
of the Contract Manager, with right of the Franchisee to appeal to first the City Manager,
and thereafter to the Council, whose decision shall be final and binding. During any
dispute, the Franchisee shall continue to render full compliance with this Agreement
regardless of the nature of the dispute, unless the City specifically notifies the
Franchisee otherwise.
16.9. Representations of the Franchisee. The Franchisee represents that: (a) it is a
corporation duly organized under the laws of the State of Florida; (b) this Agreement
has been duly authorized, executed, and delivered in the State of Florida; and (c) it has
the required power and authority to perform this Agreement.
16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement
have been completely read, are fully understood, and are voluntarily accepted; that
Franchisee affirmatively states that it has had the benefit of advice from counsel of its
own choosing before executing this Agreement; that Franchisee has voluntarily and with
full understanding executed this Agreement and accepted its terms and conditions. The
terms of the Agreement shall not be construed against either party as the "drafter" of the
document.
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16.11. Notices. All dealings, contacts, notices, and payments between the Franchisee
and the City shall be directed by the Franchisee to the Contract Manager and by the
City to the Franchisee's Project Manager, each of whom shall be designated and
identified to the other party, in writing, upon execution of this Agreement. Any notice,
demand, communication, or request required or permitted under this Agreement shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
As to the City:
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attention: City Manager
Copy to: City Attorney
As to the Franchisee:
Waste Management Inc. of Florida
c/o Harris Sanitation
7382 Talona Drive
West Melbourne, Florida 32904
Attention: District Manager
Copy To:
Waste Man Vement Inc, of Florida
2700 NW 48 Street
Pompano Beach, Florida 33073
Notices shall be effective when received at the address as specified above. Changes in
the respective address to which such notice is to be directed may be made from time to
time by written notice. Facsimile transmission is acceptable notice effective when
received, provided, however, that facsimile transmissions received (i.e.; printed) after 4:30
p.m. or on weekends or holidays, will be deemed received on the next day that is not a
weekend day or a holiday. The original of the notice must additionally be mailed.
16.12. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original copy and all of which shall constitute
but one and the same instrument.
16.13. Headinas. Captions and headings in this Agreement are for ease of reference
only and shall not constitute a part of this Agreement nor affect its meaning,
construction, or effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year above written.
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Attest:
By ;4A
)e �f-
Sally Maio, City Berk
Approved by:
By
4ezl� "7
Robert A. Ginsburg, City Attorney
Witness Signaturei(i
Far Aac'
�
Print Name: o
Witness Signature/, -
Print Name: 6 --,-)
STATE OFFLORIDA
COUNTY OF gD1b0A YZD
CITY SEVBN
Al i e , C
FRANCHISEE:
By
Name anct'Title.
(AFFIX CORPORATE SEAL)
The foregoing instrument was ackn wledged before me this day of IUK
2013 of WASTE
MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He/she
is erson n to me or has produced as
identification.
(NOTARY SEAL) NO ARY SIGNATURE:
PRINTED NOTARY SIGN A URE
Notary Public, State of
Commission Number:
My Commission Expires:
29
�p`;":':;�, su8�watRlBtA,tatr�son
. ht1►C011�98101Vt0o9�9t40
EXPIRES: Jung 20, 2014
-)I' 416'awD
90 of 106
S
I
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E
2
3
4
6
6
Exhibit "N'
City of Sebastian - Solid Waste Franchise
Sebastian Effective
FR •E. Q U E N C Y
(Inclu fes Container Service Chame)
1 Z 3 4 6
6
46.38 .76.28 106.18 136.08 165.98
-195.88
61.33 106.18 151.03 195.86 240.73
285.58
76.28 136.08 195.88 255:68 315.48
375.28
106.18 195.88 285.58 375.28 464.98
554.68
136.08 255.68 375.28 494.88 614.48
734.08
6°% Franchise Fee included In all charges
3.45 Billed Cubic Yard
0.00 Billed Loose Yard
0.00 fuel Sufcharpe oerAccountlRate adjustment procedure
13,80 Billed Cubic Yard Compactor (Harris Same) FEL Compactors
8.00 Bailed extra pickup per FEL cubic yard
24.40 Billed extra pickup per FEL compactor cubic yard
COMMERCIAL CART RATE TO CUSTOMER- WASTE MANAGEMENT -BILLED:
One Cart 2x Wk Each Addtl Cart
J96 Gallon. I $15.901 $15.901
RESIDENTIAL RATES TO CUSTOMER- WASTE MANAGEMENT- BILLED:
Garbage 2x Yard Trash ix Total
Quart erlrr-
Single Home I 811.181 $0.001 $11.181 $
33:64 1
WM 64 Gallon. Cart - Defaull
WM 36 Gallon Cart - Option
1 Residential Cart Delivery or Removal Charqe - stop service oradd'I cart
$25.001
1Lost Carl/Customer Abuse Chajge I 1 I
$75.001
Note.; Handicap "backdoor -service at aboverates.No additlonalcost,..
Container
Ceiling pull
Service
RolloKServfce Rate
Charge
15- Yard Open Top Per Pull &192.73
$99-00
20 Yard Open Top Per Pull $192.73
$99.00
30 Yard Open Top Per Pull $192.73
$99.00
40 Yard Open Tap Per Pull $192.73
$99.00
20 Yard or less COMPACTION Containers Per Pull $192.73
3120.00
21 to 40 yard COMPACTION containers Per Pull $182.73
sull.00
ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES
Minimum one haul per month, no container service charge
7/1/2013
Container
Service .
16.48
16.48
16.48
16.48
16.48
Addltonal Cart
Quarterly.
$33.54'
XPU
16.00•
24.00
32.00
48.00
64.00
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City of Sebastian
Solid Waste Franchise Agreement Modification Outline
April 2016
WASTE MANAGEMENT
City of Sebastian
Franchise Agreement Modification
April 2016
/. Commercial Recycling Promotional Campaign: Recycle '161
a. WM will develop a promotional campaign to encourage city businesses to recycle
i. Promotion timeframe: May 1, 2016 — July 31, 2016
ii. Mechanical container (dumpster) recycling program available to all commercial
businesses within City of Sebastian corporate limits
1. Container size of 2 or 4 yards serviced 1x or 2x per week
iii. Campaign promoted through WM commercial bill inserts, City Council meetings, City
website, City TV, City Shredding and E -Recycling event and Community Clean Up
iv. First three months of commercial recycling service is free (must sign up by July 31,
2016)
v. Recycle '161 rates after 3 -months free promotion
1. 2 -cubic yard container, serviced 1x per week = $10.16 per month
2. 2 -cubic yard container, serviced 2x per week = $21.16 per month
3. 4 -cubic yard container, serviced 1x per week = $21.16 per month
4. 4 -cubic yard container, serviced 2x per week = $43.16 per month
a. Pricing rates to adjust by 10% starting January 1, 2017
vi. Waste stream and service level evaluation from WM commercial account manager to
determine right sizing of garbage containers and potential cost savings for business
through instituting recycling
II. Investment of $40,000 for Sebastian CNG Fueling Station
a. WM to provide $40,000 for city investment in CNG fueling station
i. Engineering consultation on construction from WM engineer
ii. City will initiate natural gas service to fueling unit with Florida City Gas
iii. Waste Management will purchase fuel from this station as needed to fuel its vehicles
(annual volume TBD)
III. Continued City Event and Community Partnership
a. WM to continue its partnership with city events providing in-kind solid waste services
b. WM/Sebastian Community Shredding and E -Recycle Event, April 23, 2016
c. WM/Sebastian Community Clean Up Day, April 23, 2016
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FIRST AMENDMENT TO FRANCHISE AGREEMENT
This First Amendment to Franchise Agreement ("Amendment") is hereby
made and entered into this day of , 2016, between CITY OF SEBASTIAN,
FLORIDA, ("City") and Waste Management Inc. of Florida, a Florida corporation, whose
address is 2700 Wiles Road, Pompano Beach, FL 33073 ("Franchisee").
WITNESSETH
WHEREAS, the City and Franchisee are parties to that certain Franchise
Agreement dated June 12, 2013, for the provision of solid waste services within the City
(the "Agreement"); and
WHEREAS, the parties desire to amend Section 13.22 of the Agreement regarding
a compressed natural gas fueling station and to add a commercial recycling promotional
campaign to the Agreement; and
WHEREAS, the parties agree that the amendments are desirable and in the best
interests of the City and its residents.
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the City and the Franchisee agree as follows:
Section 13.22 Compressed Natural Gas Fueling Station is deleted and replaced
with the following:
Franchisee shall contribute to the City Forty Thousand Dollars ($40,000.00) to be
used by the City for investment in a compressed natural gas fueling station or for
such other purpose as the City may determine is necessary or desirable. Payment
of such amount shall be made on or before 2016.
2. New Section 13.23 Commercial Recycling Campaign is added as follows:
Franchisee will develop a promotional campaign to encourage businesses in the
City to recycle. The promotional campaign shall commence May 1, 2016 and
continue through July 31, 2016. Mechanical container (dumpster) recycling
program will be available to all commercial businesses within City with container
size of 2 or 4 yards serviced 1 x or 2x per week as appropriate for the specific
commercial business. The promotional campaign will be promoted through inserts
in invoices to current commercial customers, City Council meetings, City website
and City TV, and other events. The first three months of commercial recycling will
be without charge to the commercial customer provided that the customer signs up
for same by July 31, 2016.
93 of 106
At the conclusion of the three month promotion, the following rates will apply:
2 -cubic yard container, serviced 1 x per week = $10.16 per month
2 -cubic yard container, serviced 2x per week = $21.16 per month
4 -cubic yard container, serviced 1 x per week = $21.16 per month
4 -cubic yard container, serviced 2x per week = $43.16 per month
These rates will increase annually by 10% starting January 1, 2017.
In addition, Franchisee's commercial account manager will evaluate the customer's
waste stream and service level to determine the appropriate sizing of garbage
containers and potential cost savings for the commercial business by utilizing the
Franchisee's commercial recycling program.
3. Except as amended herein, the Agreement shall remain in full force and effect as
written.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year above written.
CITY OF SEBASTIAN
Attest:
Witness Signature:
Print Name:
Witness Signature:
Print Name:
Date:
WASTE MANAGEMENT INC. OF FLORIDA,
in
Name and Title:
(AFFIX CORPORATE SEAL)
2 94 of 106
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2016 by as of WASTE
MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He/she
is personally known to me or has produced as
identification.
(NOTARY SEAL) NOTARY SIGNATURE:
PRINTED NOTARY SIGNATURE
Notary Public, State of
Commission Number:
My Commission Expires:
3 95 of 106
COWT
5.1EB-A-
STLAJN
Qi
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: May 11, 2016
AGENDA ITEM TITLE: City Council Goals and Objectives for FY 2017
RECOMMENDATION: Prioritize and Set Goals for FY 2017
BACKGROUND: Resolution No. R-12-08 provides that "City Council shall
annually conduct a workshop following the general election and prior to the start of the
budget preparation process to discuss and review goals and objectives for the City and
convey those goals to the Charter Officers".
In an effort to complete the City Council FY 2017 proposed budget — City Council Goals
and Objectives page, we would ask that you discuss briefly your goals for the next fiscal
year and reach a consensus for inclusion in the budget document.
Amount Budqeted in Current FY:
If Cost Requires Appropriation: N/A
Amount of Appropriation Required:
Fund to Be Utilized for Appropriation:
Administrative Services Department Review:. l
Attachments: Resolution No. R-12-08, Budget page
City Manager Authorization
Date:
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RESOLUTION NO. R-12-08
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING RESOLUTION NO. R-10-05, PROVIDING FOR AN ANNUAL GOAL SETTING
WORKSHOP AND PROCEDURES FOR CHARTER OFFICER EVALUATIONS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Council deems it appropriate to conduct an annual workshop with the
Charter Officers following the general election and prior to the annual budget process to memorialize
the goals and objectives of City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, as follows:
Section 1. GOAL SETTING WORKSHOP.
City Council shall annually conduct a workshop following the general election and prior to the
start of the budget preparation process to discuss and review goals and objectives for the City and
convey those goals to the Charter Officers.
Section 2. CHARTER OFFICER EVALUATION PROCEDURES.
The City Council shall receive evaluation forms for the City Manager, City Attorney and City
Clerk as well as the current cost of living adjustment percentage being provided to the Coastal
Florida Public Employees Association (PEA) from Human Resources staff by May 1St of each year.
Subsequent to receipt of information provided as set out above, each City Council member
shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms
provided or by writing a narrative or in whatever form each deems appropriate. Each City Council
member shall also conduct an oral interview with each of the Charter Officers on an individual basis.
City Council, at a Regular Meeting in June of each year, shall publicly evaluate and act upon
any merit increases for the City Manager, City Attorney, and City Clerk under City Council Matters.
Section 3. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are
hereby repealed, including R-10-05.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption.
The foregoing Resolution was moved for adoption by G i 11 m o r . The motion was seconded
by Wright and, upon being put into a vote, the vote was as follows:
Mayor Jim Hill
Vice Mayor Don Wright
Council Member Andrea Coy
Council Member Richard Gillmor
Council Member Bob McPartlan
r� ^ The Mayor thereupon declared this Resolution duly passed, and adopted thisoZ�ay of
- 2012. F �
CITY SEB�(STIAN
H111. Mayor
ATTEST:
Sally A. Maio. AkMC
City Clerk
Apprep s to form and legality for
re�{i nc iCy o�astiiann only:
Robert A. Ginsburg, City Attdf'(ey5
97 of 106
uCITY OF SEBASTIAN, FLORIDA 2015/2016 ANNUAL BUDGETf
CITY COUNCIL
City Council is the elected governing body for the City of Sebastian and serves in a legislative capacity. City Council
directs the offices of the City Manager, City Attorney and City Clerk, adopts the City's annual budget, adopts and
amends the Code of Ordinances and LDC, hears appeals to decisions of the Planning and Zoning Commission, acts as
the Community Redevelopment Agency and Board of Adjustment, and hears citizen concerns and ideas at Council
meetings, through public forums and by individual contact. Individual members represent the Council on various County
and regional boards.
FISCAL YEAR 2015 ACCOMPLISHMENTS
Completed ethics training in accordance with Florida Statutes
Ratified PBA and PEA Collective Bargaining Agreements
Established new Disabilities Advisory Committee and Youth Advisory Council
Approved capital projects for Airport Drive East paving, Fleming Street paving, Main Street paving, Englar
Street paving, Presidential Streets paving and parking project, Cavcorp parking lot project, Working Waterfront
fish house grant projects and City Hall roof repair.
d Hired an engineering consultant for seawall assessment
Entered into an agreement with River Park Plaza property owners to construct 34 paved parking spaces within
Riverview Park overflow parking lot at their costs to include interconnectivity to their existing parking lot
Took preliminary steps to create membership on the Indian River Lagoon Council for municipalities within
Indian River County by interlocal agreement to create Indian River County Lagoon Coalition.
Approved PUD -R Zoning and Conceptual Plan and preliminary plat for Sandcrest Residential PUD and Special
Use permit for Chesser's Gap RV Resort with conditions
Approved drainage swalelditch cleaning program to replace quarter round project for one year
As CRA, issued grants for sewer connections in CRA District for protection of the Indian River Lagoon
Received Florida League of Cities Stewardship Award.
FISCAL YEAR 2016 GOALS AND OBJECTIVES
City Goal: Direct Overall Municipal Service Delivery with specific focus on:
➢ Maintaining municipal service delivery, continuing the hotline and good customer service
➢ Protecting our Indian River Lagoon water quality for our children and future generations by enhancing
storm water management, installation of proper baffle boxes, and using the oyster mat program
D Maintaining excellence of our Police Department - excellent police work and show of force and community
involvement — address speeding problems — recoup positions lost over the years
D Maintaining roads, drainage and ditches and swales by budgeting for them
➢ Enhance CRA Districts
➢ Protecting our DNA, what makes Sebastian special by protecting connectivity - industrial or commercial or
land use programs — code revisions
Although the economy is picking up remember people who still struggle to feed their families
14 98 of 106
MyOF
SE,BASTIA1N
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: 11 May 2016
AGENDA ITEM TITLE: Management Information System improvements.
RECOMMENDATION: Authorize the City Manager to engage Richard Aldrich of
Perfect Svstems to study City MIS and provide a report.
BACKGROUND: Concerns about the sustainability of our Information Technology
operations led Staff to explore the possibility of having an independent study to assure that we are
taking the appropriate actions to minimize risk and perform at the best possible efficiency. In 2012,
the City hired another firm to do similar work, resulting in a plan to acquire updated equipment.
Currently, our biggest interest and initial focus will be on those areas we feel we may be our biggest
risk, our emergency plan and on optimizing our telecommunications suppliers. Staff is recommending
Richard Aldrich, as a consultant, to utilize his expertise in reviewing our system.
Staff interviewed Mr. Aldrich to consider this project based on
inquiries to other agencies for recommendations on who may be best suited to do this work. He
previously worked at Arthur Andersen and United Airlines. He has 28 years of experience with
assisting a variety of clients ranging from financial institutions to retail companies to non -profits. Our
initial discussions with him about the scope of work we desired and how he may be helpful, lead us to
believe he is uniquely suited for this study.
Staff recommends that we engage Mr. Aldrich's services on the
basis of an allowed exemption to our procurement policy for "professional and personal service
contracts including but not limited to attorney services, appraisers and expert witnesses services,
which shall be approved by the city council if in excess of $15,000."
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: $16,700.
Budgeted in Current Fiscal Year: N/A.
Amount of Additional Appropriation Required: $16,700.
Fund to Be Utilized for Appropriation: General Fund
Facilities Maintenance Budget.
Administrative Services Department/CFO Review: ell
ATTACHMENTS: 1. Introduction of Experience: Richard Aldrich, Perfect Systems
2. Professional Services Agreement & Exhibit A
City Manager Authorization:
Date: 04 May 2016
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Introduction of experience: Dick Aldrich, Perfect Systems
Corporate Business– 9 years
Arthur Andersen : Audit work non -profits
Accounting consulting – non -profits, for profit
United Airlines-- Accounting software design, search, implement
Perfect Systems -28 years:
- Manufacturing Software search/research (cloud and internally hosted)
- Accounting software search, implementation ( Macola, RealWorld, Solomon, Qbooks)
- Non- Profit Accounting (Blackbaud)
- Financial Services– IPS, ATM, data lines, Automated call center, Retail Bank software
- Computer Network efficiency & design
- Data Security & backup design, implementation ( database, local, cloud)
- Network Security ( UTM, Firewall, antivirus, anti-malware)
- Small Business accounting software ( Physician, Retail, Restaurant)
Sample of Customers:
Manufacturing- Kenosha Metal (Pleasant Prairie, WI)
Distribution ----Name South (Charlotte, NC)
Financial Indian River Federal Credit Union
Non -Profit Accounting- Indian River Charter HS, Lisle Library (Lisle, IL)
Physicians-- Dr. Tobar, Dr. Swezey
Restaurant – Ocean Grill
Retail - GT Rhodes
Education:
Princeton University– Politics and Pre -Law
S. Illinois University– MBA Financial and Cost Accounting
Northwestern University - MM
References:
1. Mike Kowal IT Mgr Kenosha Metal Products in Wisconsin – mike.kowal(akPnosha-metal.com
2. Kathy Seelig Director, Lisle Library in Illinois seeliek@Isilelibrary.ors
3. Bill Garrett President, Indian River Federal Credit Union— biilgarrett@gmail.com
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made this day of , 2016, by and between the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street,
Sebastian, Florida, 32958, ("City") and Richard Aldrich, of Perfect Systems, a FLORIDA
corporation authorized to do business in the State of Florida, 39 Cache Cay #100, Vero Beach,
FL 32963, ("Consultant.")
WHEREAS, the City desires to engage a consultant who has special and unique
competence and experience in providing IT/MIS/AV services for reviewing the City's IT
concerns (Security Risks, Emergency Management, Internet, Communication Services, Future
IT/MIS/AV 3 Year Plan); and,
WHEREAS, the Consultant represents that it has such competence and experience in
providing these services; and, WHEREAS, the City in reliance on such representation has
selected the Consultant in accordance with the requirements of law; and,
WHEREAS, the City and the Consultant desire to reduce to writing their understanding
and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
1. Recitals. The above recitals are incorporated herein as if set forth in their entirety.
2. Agreement: The Consultant and the City understand and agree that this Agreement
shall cover services, as described in Exhibit A, which is attached hereto and
incorporated herein by this reference, which the Consultant is providing to the City of
Sebastian. This Agreement is not an exclusive agreement and the City may employ
other consultants, professional or technical personnel to furnish services for the City
as the City in its sole discretion finds it in the public interest.
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3. Employment of Consultant: The City hereby agrees that it may engage the
Consultant and the Consultant hereby agrees to perform professional services for
the City in accordance with this Agreement. The Consultant's services are
enumerated in Exhibit A (Scope of Services").
4. Project Schedules: The Consultant shall perform the services outlined under
Paragraph 3 of this Agreement in a timely manner consistent with the assignment
schedules as mutually agreed upon by the City and the Consultant.
5. Joint Cooperation: Close collaboration and cooperation shall be maintained by the
Consultant with representatives of the City and the City will be entitled at all times to
be advised, at its requ3est, of the status of Work and of the details thereof. The City
shall furnish to the consultant all pertinent existing information deemed necessary by
the Consultant to be relevant to the execution of the Work. The City will have the
right to inspect the Work of the consultant at any time. Either party to this Agreement
may request and be granted a conference.
6. Termination: The provisions of this Agreement may be terminated by the City with or
without cause. If terminated without cause by the City, at least thirty (30) days
written notice of such termination shall be given to the Consultant.
a. (In the event the City without cause abandons, terminates or suspends this
Agreement, the Consultant shall be compensated for services rendered up to
the time of such termination on a quantum meruit basis and documents
generated by the consultant shall remain the property of the City as outlined
in Paragraph 12.
b. In the event the consultant terminates this Agreement without cause, all
reports, information, and data prepared by the Consultant under this
Agreement shall be considered property of the City. The City may enter into
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an agreement with others for the completion of the work under this
Agreement and the Consultant will be held harmless for the work of others.
7. Compensation: The City will pay the Consultant an hourly rate with fee maximums
capped at $16,700.00.
8. Payments: The Consultant shall submit monthly statements for services rendered.
9. Reimbursement of Costs: The Consultant's expenses are included within the agreed
hourly rate and no additional expenses shall be reimbursed without written
amendment of this Agreement.
10. Term: This Agreement shall commence on the day it is executed until the Project is
complete.
11. Right to Work Products: No reports, data, programs or other material produced in
whole or in part under this Agreement shall be subject to copyright by the Consultant
in the United States or in any other country. The City or its assigns shall have the
unrestricted authority to publish, disclose, distribute and other wise use, in whole or
in part, any reports, data, programs or other material prepared under this Agreement.
All information, findings, plans, IT/MIS/AV Information and data prepared or obtained
under this Agreement shall remain the property of the City and are strictly for use on
this project. Any use of any plans and information by the City except the use
reasonably contemplated by the City at the time the City entered this Agreement will
be at the City's risk and Consultant, its officers, directors and employees will be held
harmless from such use.
12. Personnel: The Consultant represents that it will secure at its own expense all
personnel and sub -consultants required for services which are necessary as
described under Exhibit °A" of this Agreement. All services described under Exhibit
"A" of this Agreement shall be performed by the Consultant or Sub -consultant and all
persons engaged in work under the Agreement shall be qualified to perform such
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services and authorized under federal, state and local laws to perform such services.
Personnel who perform services under this Agreement shall not be employees of the
City.
13. Responsibility of the Consultant:
a. The Consultant shall be responsible for the professional quality, technical
accuracy, timely completion, and reports and other services furnished by the
Consultant under this Agreement. The Consultant shall, without additional
compensation, correct or revise any errors or deficiencies in his reports and
other services.
b. The rights and remedies of the City provided for under this Agreement are in
addition to any other rights and remedies provided by law.
14. Compliance with the Law: The Consultant expressly agrees to comply with all known
laws and regulations relating to providing services under this Agreement. The failure
of the Consultant to adhere to any known law or regulation pertaining to furnishing
services under this Agreement shall constitute a material breach of this Agreement.
15. Public Entity: The Consultant shall file a sworn statement with the City which is
Attachment I, stating whether a persona or affiliate as defined in Section 287.133,
Florida Statutes, has been convicted of a public entity crime subsequent to July 1,
1989, in accordance with the provisions of Section 287.133 of the Florida Statutes.
16. Drug -Free Workplace: The contract documents also consist of the "Drug -Free
Workplace Form" which is in accordance with Florida Statute 287.089 and must be
signed.
17. City's Responsibilities:
a. The City shall designate a representative authorized to act on the City's
behalf with respect to the Project. The City or such authorized representative
shall render decisions in a timely manner pertaining to documents submitted
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by the consultant in order to avoid unreasonable delay in the orderly and
sequential progress of the Consultant's services.
b. Prompt written notice shall be given by the City to the Consultant if the City
becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
c. In the event of termination not the fault of the Consultant, the consultant shall
be compensated for services performed prior to termination, together with
Reimbursable Expenses then due.
18. Insurance Requirements: The Consultant agrees to carry insurance as outlined in
Exhibit "B" (Certificate of Insurance"). The insurance company selected shall be A+
or better per the Best's Key Rating Guide. The Consultant and the insurance
company shall agree to furnish the City thirty (30) days written notice of intent to
terminate said insurance.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST (SEAL):
Jeanette Williams, City Clerk
Approved as to form and legality for
Reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
THE CITY OF SEBASTIAN
Joe Griffin, City Manager
CONSULTANT
Richard Aldrich
Perfect Systems
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City of Sebastian
IT, Av, and Communications Plan
Phase 1 - Biggest Risks
A. Being in the news (Ransomware, lost data)
B. Emergency Plan (access to data, backups, Internet)
C. Adjust Communications resources/costs
- add communications (data, voice) redundancy
- simplify contracts/accounting/IT management - combine services, reduce vendors
- consider Police Dept./FDLE special data security needs
2. Phase 2 - Other Risks
A. Slow or down Internet
B. Secure remote access for selected staff to their equipment
C. Lack of triplicate data backup (database, local, cloud)
D. Wireless to support Smartphones, tablets (private and public SSIDs)
F. Remote access by IT to all equipment to minimize travel time, maximize uptime
G. Redundant data lines/wireless between key facilities
H. Intrusion Prevention (IPS) monitoring (eg., banks, military, government)
I. Financial controls failure
J. Evaluate VOIP & data lines to reduce ATT copper costs
K. Plan sufficient purchase, training resources for AV.
3. Phase 3 - Adequate Planning, Training and Documentation
A. At least 2 people know all systems. Cross -train staff IT, Communications, AV
B. Document all network and workstation equipment
(purchase date, warranty expiration, passwords, IP numbers, setup details)
C. IT committee to review strategies so that future project fit into the plan that allowed
Previous projects to be funded.
D. Future planning to decrease risks/costs (cloud -based, out -sourced?)
E. More use of fibre to provide lower cost services ( IP phones, offsite backup, redundant Internet,
carry "wireless" calls/data faster). Maximize use of fibre and minimize use of carrier
4. Phase 4 - Operational Improvements
A. Slow workstations or servers
B. Equipment failure — no spares or warranty support to replace
C. Standardized printers/copiers to decrease installation/toner/knowledge cost
D. Server room large UPS — power for "x" hours
E. Plan for non -catastrophic — event- employees cannot work (outage, virus attack)
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