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HomeMy WebLinkAbout10-12-2016 CC AgendaCRY OF SE HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 12, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION — Deacon John Dunlop, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE — Led by Council Member Hill 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. 16.157 A. Proclamation — Veterans Day - Accepted by Members of the American Legion Post 189 and Veterans of Foreign Wars Post 10210 16.158 B. Expression of Gratitude from Members of the American Legion Post 189 and Veterans of Foreign Wars Post 10210 for the Wastewater Sewer Grant 16.159 C. Proclamation — Arts & Humanities Month — October Accepted by Barbara Hoffman, Executive Director of Cultural Council of Indian River County 16.160 D. Proclamation — Recognizing Indian River State College's Selection as a Top 10 Aspen Award Finalist Accepted by Dr. Casey Lunceford, Provost Indian River County Indian River State College E. Brief Announcements • Sebastian River Area Chamber of Commerce's Candidates Forum — October 18 from 7-9 pm for Sebastian City Council Candidates • Early Voting Available at City Hall from October 24 through November 5 from 8 a. m. to 4 p, m. 1 of 145 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. pgs 5-9 pgs 10-21 16.161 pgs 22-109 16.162 pg 110 16.163 pgs 111-116 R A. Approval of Minutes — September 19, 2016 Special Meeting/Budget Hearing B. Approval of Minutes — September 28, 2016 Budget Hearing/Regular Meeting C. Award Nuisance Abatement/Lot Mowing Contracts to Listed Contractor for Specific Categories (Transmittal, Bid Tab, Proposals, Agreements) D. Approve Road Closures for Annual Christmas Parade on Indian River Drive, Saturday, December 3, 2016 at 6:00 p.m. (Transmittal) E. Approve Early Learning Coalition of Indian River Council's Storybook Forest at Riverview Park, Saturday, February 11, 2017 from 10:00 to 1:00 p.m. (Transmittal, Applications, Agreement, Receipt) 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. 16.164 A. Construction Board pgs 117-123 i. Interview, Unless Waived, Submit Nominations for One Expired Alternate Member, Concerned Citizen Position (Transmittal, Application, Ad, List) 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 13. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 14. NEW BUSINESS 16.165 A. Consider Community Center Use by Alkathon at No Charge (Transmittal, letter) pgs 124-126 16.166 B. Resolution No. R-16-22 — Engineering Review/inspection of Rights -of -Way Permit pgs 127-130 Applications (Transmittal, R-16-22) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A FEE FOR AN EXISTING RIGHTS-OF-WAY PERMIT APPLICATION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. 16.167 C. Discuss Indian River County's Proposed Ordinance Regarding Medical Marijuana pgs 131-141 Treatment Centers (Transmittal, Notice of Hearing, Proposed Ordinance) 16.168 D. Declaration of Local State of Emergency (Transmittal, Declaration, Emergency pgs 142-145 Order) 2of145 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Vice Mayor Jerome Adams B. Council Member Andrea Coy C. Council Member Jim Hill D. Mayor Bob McPartlan E. Council Member Richard Gillmor 19. 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 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: Regular City Council Meeting November 16, 2016 — 6:00 pm Regular City Council Meeting December 14, 2016 — 6:00 pm Regular City Council Meeting December 28, 2016 — 6:00 pm 3of145 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Regular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special_ Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on 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. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity 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. 4 of 145 SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES Ratification of Collective Bargaining Agreements and 1st BUDGET HEARING FY 2016/2017 Proposed Millage and Tentative Budget MONDAY, SEPTEMBER 19, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Special City Council Meeting and 1st Budget Hearing to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Council Present: Mayor Bob McPartlin Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor Council Absent: Council Member Jim Hill City Staff Present: City Manager Joe Griffin City Attorney Robert Ginsburg City Clerk Jeanette Williams Administrative Services Director Ken Killgore Police Chief Michelle Morris Deputy Police Chief Greg Witt Police Commander John Blackledge Airport Director Scott Baker City Engineer Frank Watanabe 4. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS A. Resolution No. R-16-25 — Ratifying Coastal Florida Public Employees Association Bargaining Agreement — October 1, 2016 to September 30, 2019 (Transmittal, R-16-25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING AN AGREEMENT FOR ALL FULL-TIME AND PART-TIME (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30,2019; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 5 of 145 st r' Special Meeting City Council 1 Budget Hearing & Spe g September 19, 2016 Page Two The City Attorney read the title of Resolution No. R-16-25. The Administrative Services Director said a staff committee and the City Manager spent a lot of time on the agreement to make sure employees would understand the document and gave a brief PowerPoint presentation. (See attached) He recommended ratification. Mr. Gillmor noted the payout of sick leave. The Administrative Services Director explained the payout of sick leave was reinstituted to give back some of the incentives taken away in 2011. He said the discussions were a give and take balance during negotiations and there are some employees that take their sick day as soon as it accrues. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve Resolution No. R-16-25. Al Boettjer, Coastal Florida PEA and PBA Staff Representative and Chief Negotiator said the payout of sick leave is not an issue in the private sector but it is a municipal/county workplace issue. He said the City has partnered in looking out for the employees and made it an attractive place to be. Roll Call: Ayes: Adams, Coy, McPartlan Nays: Gillmor Absent: Hill Motion carried. B. Resolution No. R-16-26 — Ratifying Coastal Florida Police Benevolent Association Bargaining Agreement — October 1, 2016 to September 30, 2019 (Transmittal, R-16-26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING AN AGREEMENT FOR ALL FULL-TIME PERMANENT POLICE OFFICERS AND POLICE SERGEANTS BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; APPROVING A MUTUAL CONSENT AGREEMENT TO DEVIATE FROM FLORIDA STATUTE 185.35(1), AS PROVIDED IN 185.35(1)(G) TO USE ALL AVAILABLE PREMIUM TAX REVENUES TOWARD THE FUTURE COST OF CERTAIN BENEFIT IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID AGREEMENT TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-16-26. The Administrative Services Director said staff also went line -by-line with the union representatives and noted the pension fund is partially funded by state premium tax monies which requires a frozen amount to enhance the pension plan but the City has not developed a program that can covered by the state monies until this agreement. He explained after 2011, new hires were reduced to a 2% factor for each year of service which affected recruitment and during negotiations, it was agreed to change the factor back to 3% for those hired after October 2016. He explained the Police Pension Board will review this incentive and if funds are available, the retirees may also receive a COLA adjustment and the possibility of buying back time because of the military or service with another agency. He also said the Police Pension Board will also look at the possibility of developing a DROP program. Both sides worked hard on the agreement to provide that employees are adequately compensated, have clear rules, and good morale. 6 of 1452 City Council 1 st Budget Hearing & Special Meeting September 19, 2016 Page Three Mr. Gillmor asked for clarification that for 25 years of service, the 2% factor would provide for 50% of pay and 3% would provide for 75% of pay at retirement until they die. The Administrative Services Director said the basic benefit is during the employee's lifetime and depended on how they pull it out and share it with their spouse. He also noted it would be paid with state funds. MOTION by Ms. Coy an SECOND by Mayor McPartlan to approve Resolution No. R-16-26. Al Boettjer, Coastal Florida PBA, said the police officers look at the surrounding jurisdictions which are at the 3% level which makes it difficult to recruit Officers. The officers decided that it was important to improve their retirement, realizing what surrounding agencies are offering, to keep the Officers that haven't worked very long from joining one of the 3% agencies, which would make it hard for the Chief. He said the citizens appreciate the Police Department and the way the City is run. Mayor McPartlan said the City needs to remain competitive, if they have trouble obtaining quality people then people will be working that maybe shouldn't be. Ms. Coy said she remembered that bargaining in 2011 when the economy was bad and fortunately the union agreed to give some things up but now officers are targets and we have to attract the best and brightest; it is time to give back. Roll Call: Ayes: Coy, Gillmor, McPartlan, Adams Absent: Hill Motion carried. 5. PUBLIC HEARINGIADOPTION OF TENTATIVE MILLAGE AND FY 2016-2017 BUDGET A. City Attorney Advises City Council on Procedure for Millage/Budget Hearing and Reads Titles for Resolution Nos. R-16-23 Tentative Millage and R-16-24 Tentative Budget The City Attorney said this is a tentative millage that cannot go higher unless certain procedures are followed; at the conclusion of the second public hearing, the millage will be adopted prior to the budget; and he read the titles of Resolution R-16-23 and R-16-24 so anybody could speak on either the millage or budget at any time. B. City Manager Announcement that the Proposed Millage of 3.8556 Mills is 5.06% higher than the "Rolled -Back Rate" of 3.67 mills The City Manager announced a proposed millage rate of 3.8556 mills that is 5.06% higher than the rolled back rate of 3.67 mills. He said some of the reasons for this increase include a 3% COLA increase for employees, a reduction in health insurance premium for employees, and continued road paving. For the record, the City Attorney corrected the calendar year in the title of Resolution R-16-23 which should be 2016. C. Budget Overview of Proposed Tentative Millage and Tentative Budget The Administrative Services Director said property values increased indicating new growth; going with the rolled -back rate a $100,000 homesteaded property would pay about $6.60 less than last year and commercial properties would be about .65¢ less. 7 of 1453 City Council 1st Budget Hearing & Special Meeting September 19, 2016 Page Four He said staying with the 3.8556 millage rate, more and commercial would pay $18.82 PowerPoint presentation. (See attached) J'1 r 4 Y F � r a $100,000 homesteaded property would pay $2.81 lore. He displayed the various funds through a 6:44 pm Mr. Gillmor said a December 16, 2015 transmittal indicated the City would be saving $401,386 with the employee early retirements and he was having trouble increasing the budget 5%. 6:54 pm The Administrative Services Director said that was projected if certain things happened on each position and there happened to be a couple of add-ons after the December presentation. He said the amount this year will get the City whole, but savings won't be recognized until next year. Citizens Budget Review Advisory Board Chairman Ed Herlihy gave a brief PowerPoint presentation on the Board's recommendation. (See attached) He noted the City is growing and there is a demand for services that will increase; the Board is in favor of the 3.8556 millage rate. Mayor McPartlan thanked the Board for their service. D. Mayor Opens Public Hearing on Tentative Millage and Tentative Budget Damien Gilliams, 1623 US Highway 1, said when the property appraiser raises the assessment and the City stays at the millage rate, in essence they are raising the taxes. He said insurance should address storm damage not the reserve which is in excess of the standard operating budget; the storm water seawall on the other side of CR512 should be addressed or else they will see liability and litigation; the Golf Course irrigation needs fixed; and the Building Department is loaning money to the Golf Course, but that money should go back to the businesses. He cited the funds that increased in the CAFR and said enough of raising the property taxes; he was glad Larry Napier, the former finance director of Fellsmere, was running for City Council. Ms. Coy called for a point of order stating this was not the place to campaign. Linda Kinchen, 190 Del Mar Street, noted the following increases in the budget: -$7,800 increase in the cell phone usage -mowing in the CRA is moved to the Parks budget but there is an mowing amount in the non - departmental budget -no money is allocated for the maintenance of the installed quarter round -Administrative Services has increased their promotional budget to $2,200 -Police Department has increased their departmental supplies to $35,000 She said when the new police evidence building is installed behind the Police Department, the ADA playground should be replaced with recreational money. The City Manager noted where the quarter round is installed properly and maintained it works which was 30% of the area so Council approved termination of the program. The City Manager said he would look into the cell phone increase; and noted the nuisance mowing is the non - departmental budget amount. E. Adopt Resolution R-16-23 Tentative Millage Rate for Calendar Year 2016 (Transmittal, R- 16-23) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A TENTATIVE MILLAGE OF 3.8556 MILLS FOR THE CALENDAR YEAR 2015 2016; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 8 of 1454 City Council 1st Budget Hearing & Special Meeting September 19, 2016 Page Five Mr. Gillmor made a MOTION to take the millage rate to 3.80 which is $52,000 less in the budget. The motion failed because there was no second. Ms. Coy explained that the City had to borrow to clean up after Hurricane Jeanne and Frances before the insurance payment came, so a backup is needed for emergencies; especially the kind of emergencies currently happening in Baltimore and Orlando. She said she does not mind paying $2.81 extra especially for the Police Department and other projects the City needs. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve the millage rate of 3.8556. Roll call: Ayes: McPartlan, Adams, Coy Nays: Gillmor Absent: Hill Motion carried. F. Adopt Resolution R-16-24 - FY 2016/2017 Tentative Budget (Transmittal, R-16-24) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE W, ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mayor McPartlan and SECOND by Ms. Coy to approve the tentative budget Roll Call: Ayes: McPartlan, Adams, Coy Nays: Gillmor Absent: Hill Motion carried. G. Announcement that the Final Public Hearing on Millage and Budget is to be held on Wednesday, September 28, 2016 at the City Council Regular Meeting at 6:00 p.m. Mayor McPartlan announced the final public hearing will be held on Wednesday, September 28, 2016 in Council Chambers at 6:00 p.m. The City Attorney said tonight's action means that the 3.8556 millage is 5.06 higher than the rolled back rate. Ms. Coy announced Colonel Gary West will be riding his bicycle across the County line at 4:00 p.m. on September 22 to meet at the flagpole at the Veterans Memorial to raise funds for Folds of Honor at 4:15 p.m. She invited the public to join them. 6. Being no further business, Mayor McPartlan adjourned the Special City Council Meeting and 1't Budget Hearing at 7:14 p.m. 9 of 145 5 SEBASTIAN CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY BUDGET HEARING REGULAR MEETING & 2nd BUDGET HEARING AND BOARD OF ADJUSTMENT MEETING MINUTES WEDNESDAY, SEPTEMBER 28, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the regular City Council meeting to order at 6:00 p.m. 2. Swami Anjani Cirillo gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Council Present: Mayor Bob McPartlan Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill Council Absent: Council Member Richard Gillmor City Staff Present: City Manager Joe Griffin City Attorney Robert A. Ginsburg City Clerk Jeanette Williams Administrative Services Director Ken Killgore Asst. Administrative Services Director Cindy Watson City Engineer Frank Watanabe Community Development Manager Dorri Bosworth Airport Director Scott Baker Golf Director Greg Gardner Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS It was the consensus of Council to add Consent Agenda Item #12i. Approval of Road Closure for the Sebastian Police Department's Community Night Out. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS A. Brief Announcements Mayor McPartlan announced the Sebastian Police Department's Community Night Out, Tuesday October 4, from 5:30 — 7:30 p.m. and invited the public to attend. Ms. Coy thanked Officer Parker, Sebastian's businesses, the Public Works Department and the whole City for supporting Colonel West's Patriot Honor Ride on September 22, 2016 which raised almost $4,000 for the Folds of Honor Program. 10 of 145 Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 Page Two 7. RECESS CITY COUNCIL MEETING AND CONVENE AS COMMUNITY REDEVELOPMENT AGENCY A. Call to Order and Roll Call Members Present: Chairman Bob McPartlan Vice Chairman Jerome Adams A?14Council Member Andrea Coy % Council Member Jim Hill r Members Absent: Council Member Richard Gillmor B. Approval of June 22, 2016 CRA Minutes MOTION by Chairman McPartlan and SECOND by Mr. Hill to approve the June 22, 2016 CRA minutes. ROLL CALL: Ms. Coy -Aye Mr. Hill —Aye Chairman McPartlan —Aye Vice Chairman —Aye Motion Carried 4 -0. (Mr. Gillmor absent) C. Conduct Public Hearing on CRA Budget for FY 2017 — CRA Resolution 16-01 (Transmittal, Res. No. 16-01, Exhibit A) A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; MAKING FINDINGS; AUTHORIZING AMENDMENTS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title. The Administrative Services Director stated this was required by state law and would be incorporation into their budget document. MOTION by Mr. Hill and SECOND by Ms. Coy to approve CRA Resolution No. 16- 01. ROLL CALL: Mr. Hill — Aye Chairman McPartlan - Aye Vice Chairman Adams —Aye Ms. Coy - Aye Motion Carried 4 - 0. (Mr. Gillmor absent) D. Being no further business, Chairman McPartlan adjourned the CRA meeting at 6:09 p.m. 8. ADJOURN COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE AS CITY COUNCIL Mayor McPartlan reconvened the City Council meeting at 6:09 p.m. 9. COMMITTEE REPORTS & APPOINTMENTS - None 11 of 149 Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 4?4114kl Page Three 10. PUBLIC HEARINGS 16.008 A. Final Hearing on Millage for Calendar Year 2016 and FY 2016/2017 Budget Attornev Advises Council on Procedure for Millage/Budget Hearing and Reads Titles for Resolutions R-16-27, R-16-28, and R-16-29 The City Attorney explained this was Council's opportunity to adopt a final millage and budget; state law requires the first discussion be the percentage increase in millage over the rolled -back rate necessary to fund the budget and the specific purposes for which the ad valorem is being increased. Citv Manaaer Announces Proposed Millaae Rate of 3.8556 Mills Which is 5.06% Hiaher Than the Computed Rolled -Back Tax Rate of 3.6700 Mills . The City Manager announced the millage rate of 3.8556 mills which is 5.06% higher than the computed rolled -back tax rate of 3.6700 mills that will help fund employee COLA, reduction of employee health insurance premiums, continued road paving, and repayment to the reserve fund for the Early Retirement Program. iii. Budget Overview The Administrative Services Director said the property values did increase this year; he displayed a PowerPoint chart indication how much of an increase a $100,000 and $200,000 homesteaded property would see. (See attached) He recommended a millage rate of 3.8556 to lessen any impact that might happen given the national election, the possible elimination of DST revenues, and possibility of enduring a storm. Ed Herlihy, Chairman of the Citizens Budget Review Advisory Committee displayed a PowerPoint presentation (See attached) outlining the Committee's recommendation which is in agreement with City staff. iv. Mayor Opens Hearing for Public Comment on Millage, Budget, and CIP The City Attorney read the titles of R-16-27, R-16-28 and R-16-29. Mayor McPartlan opened the public hearing at 6:19 p.m. to discuss the millage, budget and CIP. V. Mayor Closes Public Hearing There was no public input. vi. City Council Deliberation and Action a) Adopt Resolution R-16-27 Millage Rate for Calendar Year 2016 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.8556 MILLS FOR THE CALENDAR YEAR 2016 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 12 of 149 Regular City Council Meeting & CRA Meeting & BOA Meeting atr September 28, 2016 Page Four b) Adopt Resolution R-16-28 Bud et for Fiscal Year 2016/2017 6:25 pm A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE °A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. C) Adopt Resolution R-16-29 Approval of Six -Year CIP — FY2017 — 2022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2017-2022; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hill thanked the Budget Committee and staff for putting together a high quality budget. He said after listening, reading and talking to individuals, he said they could go back to the rolled -back rate of 3.6700 without any effect on public service. He said he was in favor of a healthy reserve but they could go to the rolled - back at 3.670 and make an approximately $194,000 payment back to the reserve for the Early Retirement Program, then the remainder would be a factor in next year's budget. He said they shouldn't increase taxes to pay back the loan and noted they will still be able to address the roads and lagoon fund. He recommended a millage rate of 3.670. Ms. Coy thanked Mr. Hill for having a plan. The City Manager said the reserve was at $5.1 M and $5.4 before the loan. The City Manager said he wanted to take responsibility for promising to pay back the Early Retirement Program within one year and providing a COLA to the employees. He said he would support the 3.670 millage if the reserve was paid back $195,133 this year and $176,414 next year. Mayor McPartlan said the difference is about a quarter a month. He said something could happen, the composition of Council will change; there were many unknowns that they have no control over. MOTION by Mayor McPartlan and SECOND by Ms. Coy to adopt a millage rate of 3.8556 mills. 13 of 144 Regular Cit Council Meeting & CRA Meeting & BOA Meeting 9 Y 9 9 9 September 28, 2016 p Page Five Ms. Coy said she could not support Mr. Hill's recommendation. The City has been on a shoe string budget since 2008; homes have consistently declined but valuation can only go up 3%; residential growth does not pay for itself; the increase would be $2.81 a year for most people. Vice Mayors Adams said if the City Manager believes he can make this change and still provide services to the citizens he was inclined to go with his thinking. Ms. Coy said the Budget Committee's recommendation should be taken into consideration. Mr. Hill agreed the increase is very small, but the reason for the increase is to pay back the reserve, he will not support the increase. ROLL CALL: Mayor McPartlan — Aye Vice Mayor Adams - Nay Ms. Coy —Aye Mr. Hill - Nay Motion Failed 2 - 2. (Mr. Gillmor absent) MOTION by Mr. Hill and SECOND by Vice Mayor Adams to set the millage rate at 3.6700 rolled -back rate. ROLL CALL: Mayor McPartlan — Nay Vice Mayor Adams - Aye Ms. Coy — Nay Mr. Hill -Aye Motion Failed 2 - 2. (Mr. Gillmor absent) MOTION by Mayor McPartlan and SECOND by Vice Mayor Adams to set the millage rate at 3.8 mills and pay back half the reserve for the Early Retirement Program with the additional money put towards the roads. (R-16- 27) ROLL CALL: Vice Mayor Adams —Aye Ms. Coy — Aye Mr. Hill — Nay Mayor McPartlan - Aye Motion Carried 3 —1. (Mr. Gillmor absent) MOTION by Mayor McPartlan and SECOND by Mr. Hill to approve Resolution No. R-16-28 adopting the budget with the amendment that half of the Early Retirement Program loan would be paid back. ROLL CALL: Ms. Coy — Aye Mayor McPartlan — Aye Motion Carried 4 -0. (Mr. Gillmor absent) Mr. Hill - Aye Vice Mayor Adams - Aye 14 of 149 Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 Page Six MOTION by Mayor McPartlan and SECOND by Ms. Coy to approve R-16-29 approving a six-year Capital Improvement Program. 16.136 16.151 ROLL CALL: Mr. Hill —Aye Mayor McPartlan - Aye Vice Chairman Adams — Aye Ms. Coy - Aye Motion Carried 4 -0. (Mr. Gillmor absent) The City Manager announced the adopted millage rate of 3.80 mills is 3.42% higher than the computed rolled -back rate of 3.67 mills; $185,773.50 would be paid back to the reserve fund and the other $185,773.50 would go towards roads, stormwater or whatever is needed. Additionally, it was noted the second half of the reserve would be paid back in FY17/18. B. Second Reading and Public Hearing of Ordinance No. 0-16-07 Police Officers' Retirement System (Transmittal. Statement, Letter, 0-16-07, SB172) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, LAW ENFORCEMENT, ARTICLE 111, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 58-46, DEFINITIONS BY AMENDING THE DEFINITIONS OF "ACTUARIAL EQUIVALENT", "CREDITED SERVICE" AND "SPOUSE"' AMENDING SECTION 58-49, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 58-50; CONTRIBUTIONS; AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 58-60, MAXIMUM PENSION; ADDING SECTION 58-70, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-16-07. There was no public input. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve Ordinance No. 0-16-07 Police Officers' Retirement System. ROLL CALL: Mayor McPartlan — Aye Ms. Coy —Aye Motion Carried 4 -0. (Mr. Gillmor absent) 11. UNFINISHED BUSINESS - None. 12. CONSENT AGENDA Vice Mayor Adams — Aye Mr. Hill —Aye A. Approval of Minutes — September 14, 2016 Regular Meeting B. Approve and Authorize Mayor to Execute Mutual Aid Agreement Between City of Sebastian and Town of Indian River Shores for Law Enforcement Assistance (Transmittal, Agreement) 15 of 14§ Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 Page Seven 16.008 C. Resolution R-16-30 Adopting Financial Policies for Fiscal Year 2016-2017 (Transmittal, R-16-30) 16.049 16.049 16.152 16.153 16.154 Added 16.155 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "A" PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. D. Lease Agreement Between the Sebastian Municipal Airport and the Sebastian Municipal Golf Course for the Use of a 3,000 Sq. Ft. Storage Building (Transmittal, Lease) E. Authorize the Easement/Utility Bill of Sale to Indian River County to Install a Water Main and Fire Hydrant at the Golf Course Storage Building in the Amount of $6,412.50 (Transmittal, Easement, Bill of Sale, Sketch) F. Approve Capt. Hiram's 2016 River Challenge on November 20, 2016 from 7:30 am to 9:30 am (Transmittal, Routes) G. Approve Road Closure for 8th Annual Sebastian River Middle School IB Program Cowboy River Run 5K — Saturday, October 29, 2016 on Indian River Drive from 7:30 am to 9:30 am (Transmittal, Application, Receipt) H. Approve Road Closure and Use of Mobile Stage (Without Fee) for the 2016 Sebastian River High School Homecoming Celebration on October 20, 2016 (Transmittal, E -Mail) Road Closure for Sebastian Police Department's Community Night Out MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items A -l. ROLL CALL: Mayor McPartlan — Aye Ms. Coy — Aye Motion Carried 4 -0. (Mr. Gillmor absent) 13. PUBLIC INPUT Vice Mayor Adams — Aye Mr. Hill —Aye Karen Pallon, 106 Arega Street, Sebastian thanked Council for including a new pickle ball facility in the FY16/17 budget. She said pickle ball is a wonderful sport that is taking off and she distributed promotional pickle ball paddles to Council Members and staff to come out and give it a try it Monday through Friday at 6:00 p.m. at the Schumann Court. 14. NEW BUSINESS A. Authorize the City Manager to Execute the First Amendment to the Agreement Between International Golf Maintenance (IGM) and the City (Transmittal, Agreement. First Amendment, Schematic) The City Manager said after the concrete work is finished up, IGM will move into the new building and this agreement outlines their responsibilities for the new facility. He recommended approval. 16 of 149 Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 Page Eight MOTION by Mayor McPartlan and SECOND Coy to approve the first amendment to the International Golf Maintenance agreement. Mr. Hill said he was glad to see this in place. The City Manager credited the Airport Director for the agreement. ROLL CALL: Vice Mayor Adams —Aye Ms. Coy — Aye Mr. Hill —Aye Mayor McPartlan - Aye Motion Carried 4 -0. (Mr. Gillmor absent) 15. RECESS CITY COUNCIL MEETING AND CONVENE AS BOARD OF ADJUSTMENT A. Chairman McPartlan called the Board of Adjustment meeting to order at 6:57 p.m. Members Present: Chairman Bob McPartlan Vice Chairman Jerome Adams Council Member Andrea Coy Council Member Jim Hill Members Absent: Council Member Richard Gillmor B. Approval of Minutes —August 10, 2016 Meeting MOTION by Mr. Hill and SECOND by Vice Mayor Adams to approve the August 10, 2016 Board of Adjustment minutes. ROLL CALL: Mr. Hill — Aye Mayor McPartlan — Aye Vice Mayor Adams — Aye Ms. Coy - Aye Motion Carried 4 -0. (Mr. Gillmor absent) C. Quasi -Judicial Hearings: SERGE POOL ENCLOSURE — VARIANCE REQUESTED FROM SECTION 54-2- 7.5(b)(1)a OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A PORTION OF A SCREENED POOL ENCLOSURE TO BE 3.5 ft. FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURES TO BE 10 FT. FROM THE REAR PROPERTY LINE The City Attorney read the title of the variance requested by Mr. Serge. There was no ex parte communication to disclose by Board Members. The City Clerk swore in those who planned to offer testimony. Mr. Charles R. Serge was sworn in. He said he is the trustee of his grandson, Kevin Healy, and they were asking for the variance because the screened room will extend into the rear yard; there is no neighbor to rear and there is a homeowner's association (HOA) easement on the west side. The pool is needed to help his disabled grandson exercise and the lift was recommended by his grandson's doctors. 17 of 149 Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 Page Nine 7:95 pm 7.97 pm Mr. Hill asked the City Attorney a private question. The Community Development Manager said the Code does allow an encroachment of a screened enclosure to be up to 10 feet and she cited the criteria that should be considered which are listed on page 224. She said staff felt the request did meet the criteria requirements and recommended approval. She also said notices were sent out to about 35 residents as well as the HOA. No one spoke in favor of the request. James Pumphrey, 122 Salazar Lane, HOA President, said the HOA has never allowed any encroachment on a 10 foot setback line and the HOA planned to decline their request. He said there are areas of the preserve that are under litigation and this would cause damage where there are already damages. He said he would consider asking the HOA if they would put a lift in the HOA pool. Mr. Serge said the HOA objections don't have any standpoint because the pool doesn't encroach on the backyard preserve area and each variance should be considered by its separate circumstances whereby a case such as his might not happen again. The Community Development Manager said staff recommended approval with no conditions. Mr. Hill said the HOA concerns are different than the request under consideration and even if the Board approved the variance, it could still be denied by the HOA. The Community Development Manager said homeowners are made aware that there may be deed restrictions when they apply for permits and would then become a matter between the homeowner and the HOA. Ms. Coy said installing a lift in the HOA pool would be costly and then accessibility would have to be addressed. Mr. Hill said it would be different situation if there was a neighbor in the rear. He supported the request. MOTION by Chairman McPartlan and SECOND by Ms. Coy to approve the request for a variance so the special needs young man can exercise his muscles in the pool using the lift. ROLL CALL: Mayor McPartlan — Aye Vice Mayor Adams —Aye Ms. Coy — Aye Mr. Hill -Aye Motion Carried 4 -0. (Mr. Gillmor absent) ii. MURRAY RESIDENCE — VARIANCE REQUESTED FROM SECTION 54-2-7.5 B 1 A OF THE SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT AN ACCESSORY STRUCTURE SHED OVER 400 SQ. FT. IN SIZE 493 SQ. FT. TO BE 10 FEET FROM THE REAR PROPERTY LINE WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE 20 FEET FROM THE REAR PROPERTY LINE FOR THE RS -10 ZONING DISTRICT The City Attorney read the title of the variance requested by Mr. Murray. There was no ex parte communication to disclose by Board Members. The City Clerk swore in those who planned to offer testimony. 18 of 145) Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 Page Ten Gary Murray, 701 Bayharbor Terrace, said he made a mistake and already bought the structure to house a boat; his neighbors have no objection; he was requesting to go forward another 5'/2 feet forward and if this wasn't possible maybe they could compromise on the footage. The Community Development Manager said the homeowner did obtain a survey from the City indicating the places the different sizes of structures could sit, which came in with the building permit with their notations on. Staff felt they were given concise information on where they could place the structure and recommended denial. She said on their application the Murrays indicated a 20 ft. setback would obstruct a kitchen window, but staff did not have the floorplan to determine how close they could get to the window. Staff felt the intent of the Code was to keep the larger buildings away from neighbors. She asked that if the Board approves the variance that they do so for this structure only. Notices were sent to about 40 neighbors. There was no one in favor or opposition to the request. The Community Development Manager summarized by saying staff is recommending denial, but if approved, it be for this specific accessory structure. She said staff provided their surveys of where to locate the structure in September 2015 and the Building Department permit was just turned in a few months ago. Mr. Murray acknowledged that he received the information and made a mistake. Ms. Coy said she read that he wanted to also have an RV and reminded him that both of the wheels have to be behind where he is putting the shed. Mr. Murray said he probably wouldn't bring the RV to the house. MOTION by Chairman McPartlan to approve the variance with the exception that it would apply only to this shed and if it was removed it wouldn't count towards any shed in the future. There was no second. Motion failed. MOTION by Mr. Hill and SECOND by Ms. Coy to deny the variance request. Mr. Hill noted the rules in place make Sebastian a wonderful place to live. Vice Chairman Adams asked if they could move the shed closer to the front to meet the requirement. The Community Development Manager said they might be able to but she needed the floor plan to determine where the kitchen window was. Vice Adams asked if the applicant could come back with the plans showing he only needed a smaller variance. The City Attorney advised if Mr. Murray was denied, he could only come back with a new request showing a significantly different variance. ROLL CALL: Vice Mayor Adams — Aye Ms. Coy —Aye Mr. Hill — Aye Mayor McPartlan - Nay Motion Carried 3 - 1. (Mr. Gillmor absent) D. Chairman McPartlan adjourned the Board of Adjustment meeting at 7:32 p.m. 19 of 1A Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 Page Eleven 16. RECONVENE AS CITY COUNCIL Mayor McPartlan reconvened the City Council meeting at 7:32 p.m. 17. CITY ATTORNEY MATTERS 16.156 A. Oral Report — Ocean Concrete and Indian River County Circuit Court Decision 7:32 pm The City Attorney said the Ocean Concrete case started in 2003 in the unincorporated area, next to the City of Sebastian. The Florida Supreme Court denied all of Ocean Concrete allegations against Indian River County's decision to take concrete plants out of their industrial zoning code and specifically referred to actions taken by City Council's resolution. He said the case could be appealed but at this point there is an extensive opinion in favor of denial of the plant. 18. CITY MANAGER MATTERS The City Manager gave special recognition to Beth Mitchell, Executive Director of the Sebastian River Area Chamber of Commerce who received the Small Commercial Building Renovation/Non-Profit Award last week at the Indian River Chamber of Commerce Industry Appreciation Award banquet. He said the Pelican Porch Project is a great addition to the City and the Chamber. He noted the only meeting for October would be on the 12=" because of early voting and Indian River County would like to make another presentation on the North County Septic to Sewer Program. Mayor McPartlan asked him to schedule the presentation for November when the new members would be present. The City Manager said he would make the request to the County. The City Manager thanked the Senior Activity Center for the $3,500 check he received for the air-conditioning work recently completed. 19. CITY CLERK MATTERS 20. CITY COUNCIL MATTERS A. Council Member Richard Gillmor - absent B. Vice Mayor Jerome Adams - None C. Council Member Andrea Coy Ms. Coy said she was contacted by Judy Orcott regarding the City's low TMDLs and would like further information on the City's obligations for year 2018. She said she was also contacted by JoAnne White in regard to the status of traffic calming on Easy Street. The City Engineer said a traffic analysis was completed and did not find high speeds but they are looking at the possibility of a four-way stop at Easy and Lake, as well as, Easy and Orange to break up the long stretch of traffic. 20 of 141 Regular City Council Meeting & CRA Meeting & BOA Meeting September 28, 2016 Page Twelve Ms. Coy asked Council's permission to look into doing 5Ks at the Golf Course property. Mr Hill said he would support that, in addition to looking at the Stormwater Park. Mayor McPartlan said the Golf Course is great place because afterwards award ceremonies could be held at the Eagles Nest. D. Council Member Jim Hill Mr. Hill asked about the lots being cleared on Tulip Drive and asked if the City is staging equipment there. The City Manager said there will be a lake and the road is being redone there. E. Mayor Bob McPartlan Mayor McPartlan said he noticed during a rebroadcast on Channel 25 that an individual that spoke before Council at the last meeting addressed the Indian River Lagoon Council to say the City is spraying RoundUp and Chairman Fielding acknowledged it was harmful. Mayor McPartlan asked the City Manager to contact the Indian River Lagoon Council and let them know the facts. Ms. Coy corrected her statement that there is no glyphosate in RoundUp Custom. She said the harmful stuff is the inert ingredients that stick to the plant which the City is not using. She said she would stop by to speak to Dr. DeFreese at the Indian River Lagoon Council. Mayor McPartlan said the Moonshot Moment members may approach them to support their efforts to increase Indian River County's reading level. He noted the importance of being able to read to get a job. He asked everyone to advocate on their behalf and if they can, read a Dr. Seuss book to a classroom if they are asked. 21. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 7:50 p.m. 21 of 149 M7i f SEAT! l HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 12 October 2016 Agenda Item Title: Nuisance Abatement/Lot Mowing Recommendation: Award Nuisance Abatement Bid to multiple vendors on rotation basis. Authorize the City Manager to execute the contracts. Background: The City uses multiple contractors on an as needed basis to provide mowing services for Code Enforcement abatement actions. The existing agreements for these services expired on 30 September 2016. A solicitation for bids was published. Four (4) vendors responded. The solicitation listed six (6) typical work items based on the services most required. Those services included: Category #1-1/4 Acre Lot Mowing; Category #2—'/2 Acre Lot Mowing; Category #3— 5 ft. Undeveloped Lot "Cut Back;" Category 44— Boarding up Residences; Category #5— Large Debris Removal; Category #6— Pool Clean-up and or Securing. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO Review: Attachments: 1. Bid Tabulation Sheet. 2. Price Proposals. 3. Agreements. City Manager Authorization: Date: 05 October 2016 22 of 145 F w m 9# mall 8 S S pmodoad a]ud w _ S# wail g g S Iesodoad aatad q g w V# wall $ o $ Iusodoid gaud w w £# wall 8 S o w Iusodo.id aatjd g w w o vi ri Z# mall ? S g g Iasado-d aaNd m g E# wall ? $ S $ Iesodoid aal.Id g w luawaa.j2d uollan�lsuo� I# uinpuappV pang pig aileuuousana Japp!sl waog awl.13 Alllug aggnd x x u, < a3eldjjo,11 aa.x3 Ona(I i X. x x aauupuauv P!g k k x x -a-ld Alulupuulr, _V C v o 23 of 145 RFP 16-21 NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM ITEM DESCRIPTION Price Per Cut #1 Improved Real Property — up to 1/4 acre in size 1100 Up to % Acre #2 Improved Real Property — 1/2 acre in size $ 195 Up to % Acre #3 Unimproved Real Property — Five (5) foot cut back $ O � Per Hour of nuisance overgrowth. #4 Boarding Up Residences $ 45 Hourly Rate/ Plus Material $ 5 /14e Hourly Rate/ Plus Large Debris Removal (such as mattresses, etc.) Tipping Fee #5 #6 Pool Clean-up and or Securing, etc. $ 5/ Hourly Rate/Plus aterial By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. Authorized Signature Address K Q-,�iJo Print Name City, State, Zip Code 24 of 145 RFP 16-21 NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM ITEM DESCRIPTION Price Per Cut #1 Improved Real Property— up to 1/4 acre in size $ —10- Up to `/a Acre #2 Improved Real Property— 1/2 acre in size $ Q�0 �� Up to %x Acre #3 Unimproved Real Property — Five (5) foot cut back $ )IJVdl_ Per Hour of nuisance overgrowth. #4 Boarding Up Residences $ 50_0 Hourly Rate/ Plus Material Large Debris Removal (such as mattresses, etc.) $ .5 D. Or— Hourly Rate/ Plus Tipping Fee #5 #6 Pool Clean-up and or Securing, etc. $ 50 Hourly Rate/Plus Material By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terms and conditions of all documents stated herein, with the 1 ity of Sebastian, for the above stipulated price. Authorized Signature Address Print Name City, State, Zip Code 25 of 145 ITEM #1 #2 #3 0 #5 #6 RFP 16-21 4 d -a NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM DESCRIPTION Improved Real Property — up to 1/4 acre in size Improved Real Property— 1/2 acre in size Price Per Cut $ /60.0--c- Unimproved Real Property — Five (5) foot cut back I $ ��� of nuisance overerowth_ Boarding Up Residences $ Large Debris Removal (such as mattresses, etc.) $ 7, .510727 Pool Clean-up and or Securing, etc. IS -7cf- CY25- Up to % Acre Up to %z Acre Per Hour Hourly Rate/ Plus Material Hourly Rate/ Plus Tipping Fee Hourly Rate/Plus Material By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. uthorized Signature Address OfPnnt Name State, Zi Code 26 of 145 RFP 16-21 NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM ITEM DESCRIPTION Price Per Cut #1 Improved Real Property— up to 1/4 acre in size $ 72.00 Up to V4 Acre #2 Improved Real Property — 1/2 g ' e "N 46 $ 85.00 Up to % Acre #3 Unimproved Real Property — Five (5) foot cut back $ 92.50 Per Hour of nuisance overgrowth. #4 Boarding Up Residences $ 109.00 Hourly Rate/ Plus Material Large Debris Removal (such as mattresses, etc.) $ 109.00 Hourly Rate/ Plus Tipping Fee #5 #6 Pool Clean-up and or Securing, etc. $ 109.00 Hourly Rate/Plus Material By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to executelenter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terms and conditions of all documents stated herein, with the Ci of Sebastian, for the above stipulated price. 815 Brevard Ave AWofized SignhWC Address Henry D. Mobley Jr. Cocoa, FI. 32922 _ Print Name City, State, Zip Code 27 of 145 NUISANCE ABATEMENT MOWING 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 Conlon Landscaping, 706 S. Easy Street, Sebastian, FL 32958 ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence and experience in mowing maintenance services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall run through September 30, 2018. However the Agreement shall be automatically renewed on October 1 S` each year thereafter, absent delivery by either party no later than the preceding August 1" of written notice of its intent to allow the agreement to lapse. Notwithstanding the automatic renewal provision above, the Agreement shall not extend beyond September 30, 2020. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Technical Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications are end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent 28 of 145 consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform mowing maintenance and other related services of the entire right-of-way and easement areas of various size ditches, as well as the entire width of road right-of-ways swale areas for the City in accordance with the Agreement Documents. 4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Technical Specifications and site conditions, or any errors or omissions in the Technical Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omissions in the Technical Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Technical 29 of 145 Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Technical Specifications, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Bid Proposal Price Form", consisting of the Contractor's unit prices, as billed after the unit area is completely mowed by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The city is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the city has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed at any time. The City guarantees to the Contractor that the listed areas will be mowed at least once in the contract year. The Unit Price on the Bid Proposal Price Form is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific 30 of 145 instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets; sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub -Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or sub - Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. 31 of 145 The City and the Contractor shall be immediately notified by each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods 32 of 145 as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub -Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all time's keep the premises free from 33 of 145 accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 34 of 145 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or 35 of 145 otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non- performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each Ditch that is deficient and compound it each day that the deficiency exists, and/or for each Collector Road or City Unit with a Swale that is deficient and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 36 of 145 26. 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. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contract shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be acceptable by the City. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub -Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub -Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub -Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. 29. PUBLIC RECORDS FORM Contract Name: Construction Services Agreement between the City of Sebastian and Project Description: In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract 37 of 145 between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Authorized Signature: Date: Print Company/Firm: Title: f) IF CONTRACTOR HAS A QUESTION REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-8215 / E- MAIL jwi11iams(a cityofsebastian.org CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Authorized Signature: Date: Print Company/Firm: Title: IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Jeanette Williams, MMC Joseph Griffin City Clerk City Manager Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 38 of 145 Signed, sealed and delivered In the presence of: Name: Print Name: Name: Print Name: CONTRACTOR Name: Title: 39 of 145 NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM ITEM DESCRIPTION Price per Cut #1 Improved Real Property — up to 1/4 acre in size $100 Up to '/o Acre #2 Improved Real Property — 1/2 acre in size $ 195 Up to % Acre #3 Unimproved Real Property — Five (5) foot cut back $ I 0 0 J14R Per Hour of nuisance overgrowth. #4 Boarding Up Residences $ 45/ 0 Hourly Rate/ Plus Material 4- rnkrE i $ LA5 /m Hourly Rate) Plus Large Debris Removal (such as mattresses, etc.) Tipping Fee #5 1 y #6 Pool Clean-up and or Securing, etc. $ 5/K Hourly Rate/Plus - terial By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to executelenter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terns and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. � ,- A9� 66 S. Authorized Signature Address Print Name rs&V54") City, State, Zip Code 40 of 145 that does: DRUG-FREE WORKPLACE FORM -s 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction oft or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: C� e o- k L '� � n Q-0 Signature 41 of 145 SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Agreement No. kf P -J1 -for THE CITY OF SEBASTIAN. A old rW 2. This sworn statement is submitted bya fl I/M S TrJC (name of entity submitting sworn statement) whose business address is Seba,5a'o,F , and (if applicable) its Federal Employer Identification (FEis q (v_ o 4 Aq— (If the entity has no FEIN, include the Social c ty Number of the individual signing this sworn statement: 3. My name is 1e,`l�� �"� c,��o� (please print name of individualY si g) d my relationship to the entity named above is 1G a SeS��i 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(9), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. 42 of 145 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal - The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3) (f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID, 43 of 145 A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) /Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted ve dor list. (Please describe any action taken by or pending with the Department of G .) (Signature) Date: S 1 STATE OF FLORIDA COUNTY OF-TxJ -o r, t&v-t- The foregoing instrument was acknowledged before me this I day of �O f- ; (2016 by J Dh ; a C o CC, (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. Notary Pubft State of Fior & My Commission Expires 03/18 020 Commission No. FF 9609M6 Name: Na (ro,, -�:, My Commission Expires: 27 Commission Number: 44 of 145 ACORO® `� CERTIFICATE OF LIABILITY INSURANCE DATE (11WDDIYM 5/9/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certfffcate holder In lieu of such andorsemen s . PRODUCER C F Insurance Services, Inc. P.O. Box 1189 Apopka 8Z 32704-1189 NC40MNTr House Agent PHONE (407) 884-7843 tF No: (407)884-6014 APPREft VMRERM AFFORDING COVERAGE NAIC 8 INSURERA Prank Winston Crum Insurance Co. 1NSUREo Conlon Landscaping, Inc. 706 B Easy St Sebastian FL 32958 INSURER s Depositors Insurance Co=any 42587 INSURER C: INSURER 0: INSURER E INSURER F: COVERAGES CERTTFICATF NIIMRFR-CL1583118992 REVISION NUMRER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR OF011SURAKCS POUc NUcams m UNIFTS A X COMMERCIAL GENERAL LIABILITY cxatM8 �sADE �X OCCUR GZ=0447801 5/13/2016 5/13/2017 EACH OCCURRENCE $ 1,000,000 $ -19MME TO RENTED 100,000 MED pip (Any one person $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER POLICY 1:1 PRO- F JECT LOC OTHMI GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 S B AUTOMOBILE LIABILITY ANY AUTO AUTOSALL OWNED� X ASCHEDULED HIRED AUTOS AUTOS g ACP5945230801 8/28/2016 8/28/2017 (XWBcsk nA) S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (per e $ PROPERTY DAMAGE $ LU3 $ UNBRELLA L1AB LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ 7�8 ED $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICEMMEMBER EXCLUDED? Wanddwy 1a NH) DESCRIPTION OFFOOPERATIONS below N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMP: $ EJ_ DISEASE - POLICY LIMIT I s DESCRIP ION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, AddbdoW Remaft Wedala, may t attached H more apace b requiem City of Sebastian is added as an Additional Insured in respect to the Automobile Liability )581-0149 City of Sebastian 1225 Dain Street Sebastian, FL 32958 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION& AUTHORIZED REPRESENTATIVE DeClue/ANA m 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) Th* ACORD name and logo are registered marks of ACORD 46 of 145 Date CERTIFICATE OF LIABILITY INSURANCE 7/29/2016 Producer: Plymouth Insurance Agency This Certificate is Issued as a matter of information only and confers no 2739 U.S. Highway 19 N. Holiday, FL 34691 rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. 1 (727) 938-5562 Insurers Affording Coverage NAIC # insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer A: Lion Insurance Company 11075 Insurer B: Insurer Q Insurer D: Insurer E: Coverages The policies of Insurance listed below have been Issued to the Insured named above for the policy period Indicated. Notwithstanding any requirement, tens or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence 5 Commercial General Liability Claims Made ❑ Occur Damage to rented premises (EA occurrence) Med Exp Personal Adv Injury General aggregate limit applies per: Policy 1:1 Project 11LOC General Aggregate Products - Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto All Owned Autos Scheduled Autos Bodily Injury (Per Person) Bodily Injury Hired Autos Non -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur 0 Clalms Made Aggregate Deductible A Workers Compensation and Employers' Liability WC 71949 01/01/2016 01/01/2017 X WC Statu- I tory Limits OTH- ER E.L. Each Accident $1,000,000 Any proprietodpartner/executive officer/member E.L. Disease - Ea Employee E1,000,000 excluded? NO If Yes, describe under special provislons below. E.L. Disease -Policy Limits $1,000.000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations/LocationsNehicies/Exclusions added by Endorsement/Special Provisions: Client ID: 31-66-012 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Conlon Landscaping, Inc Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: FL. Coverage does not apply to statutory employee(s) or Independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. Project Name: FOR BID PURPOSES ONLY. ISSUE 07-29-16 (CF) Benin Date 6 11 2007 CERTIFICATE HOLDER CANCELLATION CONLON LANDSCAPING INC. Should any of the above described policies be cancelled before the expiration date thereof, the Issuing Insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but fallure to do so shall Impose no obligation or Ilability of any Wnd upon the Insurer, Its agents or representatives. 706 S. EASY STREET SEBASTIAN, FL 32958 46 of 145 `MOF 58.3A.S.TL AN HMO OF FBC%% SLAW (772)388-5741 sua-1134 ins suw STREST• S4-'Ar rti -CA5r� 7B.ERiO r-- (m, 5''r..+d • nuc -,7-- �s LOCAL BUSINESS TAX RECEMPT Tax Year October 1, 2016 to Se=ellbE7 a==. Address: 706 S EASY ST SEBASTIAN FL 32958 LANDSCAPIN G, NUISANCE ABATEMENTS, SWALE Activity: IMPROVEMENTS Issued to: CONLON LANDSCAPING, INC. 706 S EASY ST SEBASTIAN FL 32958 NON -TRANSFERABLE ls" 47 of 145 NUISANCE ABATEMENT MOWING 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 Buena Vista Lawn Service, 155 Chaloupe Terrace, Sebastian, FL 32958 ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence and experience in mowing maintenance services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall run through September 30, 2018. However the Agreement shall be automatically renewed on October 1 S` each year thereafter, absent delivery by either party no later than the preceding August 1 S` of written notice of its intent to allow the agreement to lapse. Notwithstanding the automatic renewal provision above, the Agreement shall not extend beyond September 30, 2020. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Technical Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications are end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent 48 of 145 consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform mowing maintenance and other related services of the entire right-of-way and easement areas of various size ditches, as well as the entire width of road right-of-ways swale areas for the City in accordance with the Agreement Documents. 4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Technical Specifications and site conditions, or any errors or omissions in the Technical Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omissions in the Technical Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Technical 49 of 145 Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Technical Specifications, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Bid Proposal Price Form", consisting of the Contractor's unit prices, as billed after the unit area is completely mowed by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The city is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the city has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed at any time. The City guarantees to the Contractor that the listed areas will be mowed at least once in the contract year. The Unit Price on the Bid Proposal Price Form is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific 50 of 145 instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets; sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub -Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or sub - Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. 51 of 145 The City and the Contractor shall be immediately notified by each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods 52 of 145 as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub -Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all time's keep the premises free from 53 of 145 accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 54 of 145 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or 55 of 145 otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non- performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each Ditch that is deficient and compound it each day that the deficiency exists, and/or for each Collector Road or City Unit with a Swale that is deficient and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 56 of 145 26. 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. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contract shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be acceptable by the City. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub -Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub -Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub -Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. 29. PUBLIC RECORDS FORM Contract Name: Construction Services Agreement between the City of Sebastian and Project Description: In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract 57 of 145 between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Authorized Signature: Date: Print Company/Firm: Title: f) IF CONTRACTOR HAS A QUESTION REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-8215 / E- MAIL jwilliamsa.61yofsebastian.org CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Authorized Signature: Date: Print Company/Firm: Title: IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Jeanette Williams, MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Joseph Griffin City Manager 58 of 145 Signed, sealed and delivered CONTRACTOR In the presence of- Name: f Name: Print Name: By: Name: Name: Title: Print Name: 59 of 145 RFP 16-21 NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM ITEM DESCRIPTION Price Per Cut #1 Improved Real Property — up to 1/4 acre in size $ —] 0 °� Up to % Acre #2 Improved Real Property — 1/2 acre in size $�p �°� Up to % Acre #3 Unimproved Real Property — Five (5) foot cut back $ 150 b1--- Per Hour of nuisance overgrowth. #4 Boarding Up Residences $ .50-0-0— Hourly Rate/ Plus Material Large Debris Removal (such as mattresses, etc.) $ D . O--� Hourly Rate/ Plus Tipping Fee #5 #6 Pool Clean-up and or Securing, etc. $ 5c)of Hourly Rate/Plus Material By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terms and conditions of all documents stated herein, with the 1 -.ity of Sebastian, for the above stipulated price. �C --4 % lS� Ch��o��oc�.�2r�4c4 Authorized Signature Address Print Name City, State, Zip Code 60 of 145 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that �- c4t r- R, does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining .a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 31' Signature 61 of 145 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3) (f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMI7TED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 62 of 145 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. S. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. b. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. 63 of 145 S C 4(L (name of entity submitting sworn statement) whose business address is 1 S Ch o" ,- and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social the individual signing this sworn statement: 3. My name is 1 et +� , k� uc� _ (please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. S. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. b. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. 63 of 145 A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department -of General Service (Signature) Date: (0 STATE OF FLORIDA COUNTY OF .14'c,, 7 6,,/� The foregoing instrument was acknowledged before me this 3ofll day of ft4 o64 , 2016 by }- edo,- 9, At, �a do , C L&. e (title) on behalf of W644 4�w,� seru,'Ce (name of partnership), a partnership. (4�/she is personally known to me or has produced �/ ,�q as identification and did () did not (s) take an oath. � Name: My Commission Expires: _ Y/1 7 Commission Number: i= i= C C 9G k •..°r PAMELA F. VAN ANTWERP ... MY COMMISSION a FF WM • = EXPIRES: APM 17 2017 64 of 145 �.f r� Bonded 7hru Notary PuNic Underwriters FL HIWAY & MARINE 1300 BEDFORD DR #101 MELBOURNE, FL 32940 THE CITY OF SEBASTI 1225 MAIN ST SEBASTIAN, FL 32958 Additional insured endorsement Name of Person or Organization THE CITY OF SEBASTI 1225 MAIN ST SEBASTIAN, FL 32958 PROGREllW 49HAMRC/AL Policy number: 04304985.7 Underwritten by: Progressive Express Ins Company Insured: HECTOR HURTADO August 4, 2016 Policy Period: Aug 13, 2016 - Aug 13, 2017 Mailing Address Progressive Express Ins Company PO Box 94739 Cleveland, OH 44101 1.800.444-4487 For customer service, 24 hours a day, 7 days a week The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury - Not applicable Property Damage Not applicable Combined Liability $1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 04304985-7 Issued to (Name of insured): HECTOR HURTADO BUENA VISTA LAWN SERVICE Effective date of endorsement: 08/13/2016 Form 1198 (01104) Policy expiration date: 08/13/2017 65 of 145 q CERTIFICATE OF LIABILITY INSURANCE DATE Qb MMUNYY10 5/28/2016 THIS CERTIFICATEiS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyCies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NORTHEAST AGENCIES INC/PHS 214608 P:(866) 467-8730 F: ( 888) 443-6112 301 WOODS PARK DRIVE CLINTON NY 13323 CONTACT NAME (HONEN-tx (866) 467-8730 FAX (888) 443-6112 n DRESS: INSURER(S) AFFORDING COVERAGE MCN INSURERA: Titin City Fire Ins Co INSURED HECTOR R HURTADO D/B/A BUENA VISTA LAWN SERVICE 155 CHALOUPE TER SEBASTIAN FL 32958 INSURER B: INSURER C: INSURER O: INSURER E: INSURER IF COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Eva TYPEOFINSURANCE ADDL SUBR POLICYNIAMER POLIEFF POL(CYEXP LLUITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE S DAMAGE TO RENTED S PREMISES Ea occunence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEML AGGREGATE LIMIT APPLIES PER POLICYPRO1-1 LOC JECT OTHER GENERAL AGGREGATE PRODUCTS -COMPIOP AGG $ $ AUTOMOBILE LIABILRY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT S (Ea accident) BODILY INJURY (Per person) S BODILY INJURY (Per accident) g PROPERTY DAMAGE (Per accident) S UMBRELLA LIAROCCUR EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE g AGGREGATE S D RETENTION S $ A WORCEracodPENle.mosX ANDEbIPIAtMWL 0ffM ANY PROPRIETORIPARTNERIEXECUTIVEYIN OFFICERWEMBER EXCLUDED? (MandatorylnNH) 1:1 If yes, describe under DESCRIPTION OF OPERATIONS below NIA 01 WEC ZX5210 06/10/2016 06/10/2017 PER OTH- STATUTE ER E.L. EACH ACCIDENT $100,000 E.L. DISEASE- EA EMPLOYEES 100, 000 E.L. DISEASE - POLICY LIMIT 1$500, 000 DESCRIP77ON OF OPERATIONS/LOCATIONS/ VEHFC(MMRD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION 01988-2015 ACORD CORPOg&OQI�. tl rights reserve ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ? 14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Sebastian BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Jean Tarbell AUTHORIZED REPRESENTA TIVE 1225 MAIN ST��..�� SEBASTIAN, FL 32958 01988-2015 ACORD CORPOg&OQI�. tl rights reserve ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ? 14 NUISANCE ABATEMENT MOWING 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 Micco Land Services, 8144 Bud Douglas Ct., Micco, FL 32976 ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence and experience in mowing maintenance services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall run through September 30, 2018. However the Agreement shall be automatically renewed on October 1 s` each year thereafter, absent delivery by either party no later than the preceding August I't of written notice of its intent to allow the agreement to lapse. Notwithstanding the automatic renewal provision above, the Agreement shall not extend beyond September 30, 2020. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Technical Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications are end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent 67 of 145 consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform mowing maintenance and other related services of the entire right-of-way and easement areas of various size ditches, as well as the entire width of road right-of-ways swale areas for the City in accordance with the Agreement Documents. 4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Technical Specifications and site conditions, or any errors or omissions in the Technical Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omissions in the Technical Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Technical 68 of 145 Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Technical Specifications, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Bid Proposal Price Form", consisting of the Contractor's unit prices, as billed after the unit area is completely mowed by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The city is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the city has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed at any time. The City guarantees to the Contractor that the listed areas will be mowed at least once in the contract year. The Unit Price on the Bid Proposal Price Form is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific 69 of 145 instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets; sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub -Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or sub - Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. 70 of 145 The City and the Contractor shall be immediately notified by each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods 71 of 145 as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub -Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all time's keep the premises free from 72 of 145 accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 73 of 145 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or 74 of 145 otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non- performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each Ditch that is deficient and compound it each day that the deficiency exists, and/or for each Collector Road or City Unit with a Swale that is deficient and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 75 of 145 26. 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. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insufance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contract shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be acceptable by the City. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub -Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub -Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub -Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. 29. PUBLIC RECORDS FORM Contract Name: Construction Services Agreement between the City of Sebastian and Project Description: In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract 76 of 145 between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Authorized Signature: Print Company/Firm: Title: Date: f) IF CONTRACTOR HAS A QUESTION REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-8215 / E- MAIL jwilliams ,cityofsebastian.org CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Authorized Signature: Print Company/Firm: Title: Date: IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Jeanette Williams, MMC Joseph Griffin City Clerk City Manager Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 77 of 145 Signed, sealed and delivered CONTRACTOR In the presence of: Name: By: Print Name: Name: Name: Title: Print Name: 78 of 145 ITEM #1 #2 #3 Ufla #5 0 RFP 16-21 NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM DESCRIPTION Improved Real Property — up to 1/4 acre in size Improved Real Property — 1/2 acre in size Price Per Cut $ 7�S_ o o Unimproved Real Property — Five (5) foot cut back I $ /��� of nuisance overgrowth_ Boarding Up Residences Is Large Debris Removal (such as mattresses, etc.) I $ 7 & 6-a Pool Clean-up and or Securing, etc. IS 7S• C s Up to % Acre Up to %z Acre Per Hour Hourly Rate/ Plus Material Hourly Rate/ Plus Tipping Fee Hourly Rate/Plus Material By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. uthorized Signature Address �/ Pnnt NameY� -4W 44 State, Zi Code 79 of 145 that does: DRUG-FREE WORKPLACE FORM The undersigned C9ntracror, in accordance with Florida Statute 287.087 hereby certifies Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1', notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: le"Jivl 0*,Wete,� Signature 80 of 145 REFERENCES Proposer shall provide a minimum of three references, for which they are currently providing this type of service/commodity within the State of Florida. 1. Company Name Contact Name ar Address Phone Number Duration of Contract or business relationship FAX Number "2. S 2. Company Name Contact Name and Title Address 4 Phone Number FAX Number Duration of Contract or business relationship IQ Company Name l //--a C Contact Name and Title O cs> he-rc , Address oto Phone Number rel- FAX Number �r�9—/gam_ Duration of Contract or business relationship S Company Name Contact Name and Title �OOLA4ckt- Address Phone Number 7 FAX Number Duration of Contract or business relationship Company Name Contact Name and Title Address J '37 X ., IL ''etc.,lt LAWO!- Phone Number FAX Number Duration of Contract or business relationship La. 81 of 145 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3) (f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 82 of 145 SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. IG oZl for THE CITY OF SEBASTIAN. 2. This s rn statement is submitted by statement) / wlWse business Sor-; ai of the individual (name of entity submitting sworn address is and (if applicable) its Federal (If the entity has no FEIN, include the signing this sworn statement: 3. My name is AIX IAyL (please print name of individual signing) and my relationship, to, the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. S. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. 83 of 145 A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 4erNeither the entity submitting this sworn statement, nor any officers, directors, executives, s, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of Serv' e (Si afore) Date: ?0� STATE OF FLORIDA COUNTYOF:1Z,,L- Z�,1244:c- The foregoing instrument was acknowledged before me this -LO— day o�s2016 by }�� E. r� �d2�� (' (title) on behalf of Ln�of partnership), a partnership. He/she is personales known to me or has produced as identification and did ( ) did not ( ) take an oath. Name - A N My Commission Expi Commission Number: W r,0MKS0N #GG(M EXPIRES: AUG 11, VZO Bended trough 1st State Insurance 84 of 145 MICCO-1 OP ID: IR �`.� CERTIFICATE OF LIABILITY INSURANCE DATE 1'1� TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR osrzti2ol s 0.,22,20, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Atlass-Merritt Island 26 Oleander Street Cocoa FL 32922 Russell Jamieson CONTACTKendra Franklin MUMNe Ext): FAX A1C Ne :954-025-0588 ADOREss: kfranklin atlassinsurance.com tNSURER(S) AFFORDING COVERAGE NAIC MURED Micco Land Services LLC PO Box 365 INSURER A:Covington Specialty Ins. Co. 13027 iNsuRmB:Progressive Insurance 10193 INSURER C: Roseland, FL 32957 INSURER D: INSURER E : PERSONAL E ADV INJURY $ 1,000,00 INSURER F I%CVIQ1V1v I UMUCK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR70M U31 LTR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR I POLICY NUMBER VBA 36260800 MMIp 02111/2016 MAtlDD/YYW 02/11/2017 LIMITS EACH OCCURRENCE $ 1,000,00 PREMISES RENT nca $ 50,000 MED EXP (Any one person) $ 5,00 PERSONAL E ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER POLICY El PRO- ❑ JECT LOC GENERAL AGGREGATE $ 2,000,00 PRODUCTS- COMPIOP AGG 3 1,000,00 OTHER $ BANY AUTOMOBILE LIABILITY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS 03145275-1 05/30/2016 05/3012017 COMBINED SINGLE LIMIT e Ea accident BODILY INJURY (Per person) $ 100 00 -- BODILY INJURY (Per accident) $ 300,00 PROPERTY DAMAGE Per accident $ 50,00 UMBRELLA LIAB EXCESSLIAB OCCUR CLAIMS -MADE N I A EACH OCCURRENCE $ AGGREGATE $ DED RETENTION It WORKERS COMPENSATION AWEMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ $ H- STATUTE ER E L EACH ACCIDENT Is (Mandatory In It yes, describeaunder E L DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $ OESCRfPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 0 more space is required) f i=PTIC1f�ATC unr neo CITYSEB City of Sebastian Bldg. Dept. Fax # 772-589-2566 1225 Main St. Sebastian, FL 32958 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �,r.�;, W 1%f"ts-,dU14 AL;URD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 85 of 145 CITY OF SEBASTIAN, FLORIDA SEBASTIAN CONTRACTOR LICENSE 1225 MAIN STREET, SEBASTIAN, FL32958 COMP CARD VALID OCTOBER 1, 2016 TO SEPTEMBER 30, 2017 License: 1947 Expires: 9/30/2016 Type: EXCAVATION Qualifier: ALVIN E. MOORE Insurance: VBA36260800 Workers Comp: EXEMPT Expires: 4/22/2018 Fee Paid: aIr or MICCO LAND SERVICES, LLC ^� P.O. BOX 365 ROSELAND, FL 32957 HOME OF PELICAN ISLAND 110E SING NON -TRANSFERABLE Occupational: 16/17 Ph: (772)473-6144 Expires: 2/11/2017 30.00 9/16/2016 Report Viewer JEFF ATWATER Mme. CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION —CERTIFICATE CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW** CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 4/2212016 EXPIRATION DATE: 4/22/2018 PERSON: MOORE ALVIN E FEIN: 273233456 BUSINESS NAME AND ADDRESS: MICCO LAND SERVICES, LLC 8144 BUD DOUGLAS CT. MICCO FL 32976 SCOPES OF BUSINESS OR TRADE: LANDSCAPE GARDENING EXCAVATION AND & DRIVERS DRIVERS NOC Purwant to Chapter 440.05(14), F.S., an atbcar of a oocparation who abaots mempb- hero s dupter byy Noq a cerci k ft of akxbon under this section may net remover benefits or compensabon under this chsater.P—ant to Chapter 440.05(12). F.S, Certificates fakasknto ho aaempL. appy Doty within the acope of the business or trade feted on the notka of ekction W he exempt Pursuant to Chapter 440.05(13). F.S., Notkas of aledlon to bo exempt and ccrahama of clacuon to be axenyt shag be wb%ed to revoceb- M, at any time after the [ting of the naboo or the hwance of the car abeam, the person named oft the notiw or centficate no longer meets the requiremards of this section for Issuance at a eerttfento. The dopadmont sha3 revoke a DFS-F2-DWG252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 0&13 QUESTIONS? (850)413.1609 Page 1 of 1 87 of 145 https://apps8.fldfs.com/crreportviewer/reportViewer.aspx?data=kdvpgine9D7Q3 gH6TER6... 9/15/2016 NUISANCE ABATEMENT MOWING 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 Mobley II Enterprises LLC, 815 Brevard Avenue, Cocoa, FL 32922 ("Contractor"), sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence and experience in mowing maintenance services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall run through September 30, 2018. However the Agreement shall be automatically renewed on October Is' each year thereafter, absent delivery by either party no later than the preceding August I" of written notice of its intent to allow the agreement to lapse. Notwithstanding the automatic renewal provision above, the Agreement shall not extend beyond September 30, 2020. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Technical Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications are end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent 88 of 145 consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform mowing maintenance and other related services of the entire right-of-way and easement areas of various size ditches, as well as the entire width of road right-of-ways swale areas for the City in accordance with the Agreement Documents. 4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Technical Specifications and site conditions, or any errors or omissions in the Technical Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omissions in the Technical Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Technical 89 of 145 Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Technical Specifications, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Bid Proposal Price Form", consisting of the Contractor's unit prices, as billed after the unit area is completely mowed by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The city is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the city has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed at any time. The City guarantees to the Contractor that the listed areas will be mowed at least once in the contract year. The Unit Price on the Bid Proposal Price Form is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific 90 of 145 instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets; sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub -Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or sub - Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. 91 of 145 The City and the Contractor shall be immediately notified by each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods 92 of 145 as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub -Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all time's keep the premises free from 93 of 145 accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 94 of 145 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or 95 of 145 otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non- performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each Ditch that is deficient and compound it each day that the deficiency exists, and/or for each Collector Road or City Unit with a Swale that is deficient and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 96 of 145 26. 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. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contract shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be acceptable by the City. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub -Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub -Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub -Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. 29. PUBLIC RECORDS FORM Contract Name: Construction Services Agreement between the City of Sebastian and Project Description: In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract 97 of 145 between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Authorized Signature: Print Company/Finn: Title: Date: f) IF CONTRACTOR HAS A QUESTION REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-8215 / E- MAIL jwilliamsAcityofsebastian.org CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Authorized Signature: Date: Print Company/Firm: Title: IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Jeanette Williams, MMC Joseph Griffin City Clerk City Manager Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 98 of 145 Signed, sealed and delivered CONTRACTOR In the presence of: Name: By: Print Name: Name: W Print Name: Title: 99 of 145 RFP 16-21 NUISANCE ABATEMENT LOT MOWING /MAINTENANCE SERVICES PRICE PROPOSAL SHEET ITEM ITEM DESCRIPTION Price Per Cut #1 Improved Real Property — up to 1/4 acre in size $ 72.00 Up to % Acre (14 #2 Improved Real Property — 1/2 ' e $ 85.00 Up to % Acre #3 Unimproved Real Property — Five (5) foot cut back $ 92.50 Per Hour of nuisance overgrowth. #4 Boarding Up Residences $ 109.00 Hourly Rate/ Plus Material Large Debris Removal (such as mattresses, etc.) $ 109.00 Hourly Rate/ Plus Tipping Fee #5 #6 Pool Clean-up and or Securing, etc. $ 109.00 Hourly Rate/Plus Material By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to executelenter into said agreement within (14) consecutive calendar days' notice by the City, and agree to all the terms and conditions of all documents stated herein, with the Ci of Sebastian, for the above stipulated price. "-A / 815 Brevard Ave A'utlidrized Signa& Address Henry D. Mobley Jr. _Cocoa. FI. 32922_____ Print Name City, State, Zip Code 100 of 145 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Mobley II Enterprises LLC. does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, 4's' policy of maintaining a drug free workplace, any available drug counseling, r on, employee assistance programs and the penalties that may be imposed upon emplo for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction o& or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through S. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 09/16/2016 Si 101 of 145 SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Mobley I I Enterprises LLC. (name of entity submitting sworn statement) whose business address is 815 Brevard Ave and (if applicable) its Federal Employer Identification (FEIN) is 46-2524515 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is Channal Walker (please print name of individual signing) and my relationship to the entity named above is Friend 4. I understand that a "public entity crime" as define4%or, 287.133(l)(g), Florida Statutes, means a violation of any state or federal law by a prespect to and directly related to the transaction of business with any public entity,cy or political subdivision of any other state or with the United States, including, but not ted to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. 102 of 145 A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) VO Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statemen one or more of the officers, directors, executives, partners, shareholders, employees, memb d Magents who are active in management of the entity, or an affiliate of the entity has been charged convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which ad(filIkAl statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of - eneral S s.) � i (� (Signature) Date: !� (p STATE OF FLO A COUNTY OF/JrLL" e forego' t was ackno ed befo me this �l� day of cY by i' l -e4l {' (title) o e of partnership), a partnership. He/she i oy kn has pQhced AHdentification and did 'd not ( ) CHMMAINE HALL �; • ` MY COMMISSION #FF129936 +. EXPIRES June 28. 2018 (40n , 63 FloridallotaryService.com Name: J,PWt W My Commission Expi Commission Number: 16 of an oath. 103 of 145 REFERENCES Proposer shall provide a minimum of three references, for which they are currently providing this type of service%mmodity within the State of Florida 1. Company Name Living Southern Style of Brevard Contact Name and Title Shelia Raines 2. 3. Address 821 Georgia Ave Phone Number 321-208-7681 FAX Number 321400-5190 Duration of Contract or business relationship Commercial Lawn Maintenance,Tree trimming Company Name Cristal Palace Resort Assisted Living Contact Name and Title Tara Johnson Address 1881 Palm Bay Road Phone Number 321-951-2989 FAX Number Duration of Contract or business relationship Commercial Lawn Maintenance,Tree trimming Company Name Atlass Insurance Contact Name and Title Hortisea Law �1 94 75 Address 26 Oleander St. Cocoa, FI 32922 �S"� Phone Number 321-459-9905 FAX Number �B Duration of Contract or business relationship Commercial Lawn Maintenance,Tree trimming 6 4. Company Name Porfessional Aircraft Accesories Contact Name and Title Brian Mahan Address 7305 Center Lane Titusville, R. Phone Number 321-863-4880 FAX Number Duration of Contract or business relationship Commercial Lawn Maintenanoe,Tree trimming 5. Company Name Prince Contact Name and Title Eric Address 10210 Highland Manor Dr. Suite 110, Tampa, Fl. 33610 Phone Number 407-374-2931 FAX Number 813-699-5901 Duration of Contract or business relationship Commercial Lawn Maintenance,Tree trimming 104 of 145 Certificate of Status I certify from the records of this office that MOBLEY H ENTERPRISE LLC, is a limited liability company organized under the laws of the State of Florida, filed electronically on April 12, 2013, effective April 11, 2013. The document number of this company is L13000054321. I further certify that said company has paid all fees due this office through December 31, 2013, and its status is active. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. Authentication Code: I30415090944-4002467685 4Z Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of April, 2013 044. &* Ren het oecretarp lot Mate 105 of 145 City of Cocoa LOCAL BUSINESS TAX RECEIPT 65 Stone Street Cocoa, Florida 32922 (329) 433 - 8509 Receipt Number 16-00006421 10/15-09/16 MOBLEY II ENTERPRISES 1036 POMPANO DRIVE ROCKLEDGE FL 32955 BASE FEE ADDITIONAL CHARGE LATE PENALTY J TOTAL PAID 74.00 0.00 0.00 74.00 NAICS Code: 811 Classification: Repair and Maintenance Local Business Tax Receipt Number: 16-00006421 Date Issued: April 07, 2016 Expiration Date: September 30, 2016 Location Address: 815 BREVARD AVE COCOA FL 32922 IC1o9ic14 )COA LORIDA A penalty will be imposed on any persons failing to post this receipt conspicuously in the place of business or for not renewing by September 3&. This receipt is transferable only under conditions stated in Chapter 12, Cocoa City Code. This Local Business Tax Receipt does not constitute an endorsement approval or disapproval of the holder's skill or competence or for the compliance or non-compliance of the holder with other laws, regulations or standards. Please Note: If payment was made by check or credit card and returned to the City of Cocoa for "non -sufficient funds" or payment is refused by your credit card company then your Local Business Tax Receipt is not valid. Customer Service Feedback Survey: Please take a moment to complete a brief customer service survey regarding your experience with the City of Cocoa Community Development Department. The online Customer Service Feedback Survey can be found at: www.cocoafl.or-q/communityservicescustomersurvey For any questions concerning this Local Business Tax Receipt, please contact a Permit/License Technician at (321) 433-8501 or 8502. 106 of 145 2015 - 2016 THE PERSON(S), OR ENTITY BELOW: MOBLEY II ENTERPRISES LLC 930 GEORGIA AV ROCKLEDGE, FL 32955 LOCATION: 815 BREVARD AV CITY OF COCOA, FL 32922 OWNED BY. MOBLEY II ENTERPRISES LLC BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT NO. SUBJECT TO COUNTY ZONING RESTRICTIONS 885062723 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES BUSINESS CLASSIFICATIONS, DISCLAIMERS, AND RELATED FEES: BUSINESS PERIOD: October 01, 2015 - September 30, 2016 EXPIRES: SEPTEMBER 30, 2016 ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS. BUSINESS TAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND /OR FAILURE TO MAINTAIN REGULATORY PRE -REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S). OR SUBSEQUENT ACTIVITIES. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS. A PERMIT IS REQUIRED TO ADVERTISE (Including with signage)'GOING OUT OF BUSINESS'. LISA CULLEN, CFC, Brevard County Tax Collector P 0 Box 2500, Titusville, Florida 32781-2500 (321) 264-6910 or (321) 633-2199 UPON A CHANGE OF O'sUNERSHIP OR LOCATION. BUSNESS TAX RECEIPT SHOULD BE T RANSFERRED';;0THIN 30 DAYS. 470001 GENERAL PUBLIC SERVICE 470070 AUTO DETAILING 470325 JANITORIAL SERVICE 470485 PRESSURE CLEANING 590501 HAZ WASTE GEN. SURCHARGE 820005 RECEIPTAMT EXEMPTIONS: 0� �ciIVY Receipt Fee 37.00 Hazardous Waste Fee 50.00 Zoning Application Fee 0.00 Building Occupancy Review Fee 0.00 Fire Prevention Fee 0.00 Late Penalty 0.00 NSF Fee 0.00 Transfer Fee 0.00 Paid 900-15-00001399 08/2412015 87.00 MAIN OFFICE: 400 South St., 6th Floor, Titusville, FL 32780 BRANCH OFFICES: Merritt Island Office, 1605 N. Courtenay Pkwy Melbourne Office, 1515 Sarno Road Palm Bay Office, 450 Cogan Dr. SE Titusville Office, 800 Park Ave. Indian Harbour Beach Office, 240 E. Eau Gallie Blvd. Viera Office, 2725 Judge Fran Jamieson Way, #A108, Viera, FL 32940 Ae 107 of 145 MOBLIIE-01 SGRUBB .44cORi kh� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 912812016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Plastrid a Insurance AgencyPHONE 2100 N. Dixie Highway Boca Raton, FL 33431 CONTACT NAME: FA AIC N 061) 395-1433 AIC No: (561) 395-4755 E-MAIL ADDRESS: l:.R oca bdocs/� � lastrid e.com INSURER(S) AFFORDING COVERAGE NAIC A INSURER A: Scottsdale Insurance Company 41297 INSURED INSURER B: INSURER C : MOBLEY 11 ENTERPRISE LLC INSURER D: 815 Brevard Avenue Cocoa, FL 32922 INSURER E INSURER F: 09126/2017 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR IND WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS MADE TOCCUR BINDER 09/2612016 09126/2017 DAMAGE TO RF=NTI-L) PREMISES Ea occurrence S 100,00 MED EXP (Any one person) $ 5,00 PERSONAL&ADV INJURY S 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY JE0 LOC PRODUCTS - COMP/OP AGG $ 2,000,00 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per accident HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNEWEXECUTIVEa SPERH. STATUTE ER E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N ! A E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Operations: Lawn Care, Janitotlal and Mobile Detailing CERTIFICATE HOLDER CANC_FI_I ATION ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 108 of 145 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Sebastian CityMain Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Sebastian, FL 32958 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 108 of 145 MOBLIIE-01 SGRUBB ACORO CERTIFICATE OF LIABILITY INSURANCE FDATE'MMroDlYYYY) 9r2ar2o1s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Plastridge Insurance Agency 2100 N. Dixie Highway Boca Raton, FL 3343 CONTACT NAME: PHONE 561 395-1433 AAS Ne : (561 395-4755 c No Ex ADDRESS: bocadocs@plastridge.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Scottsdale Insurance Company 41297 INSURED INSURER B INSURER C: MOBLEY II ENTERPRISE LLC INSURER D: Scottsdale Insurance Company 815 Brevard Avenue Cocoa, FL 32922 INSURER E: INSURER F: 0912612017 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEDOLSUOR INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM1DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MAOE a OCCUR BINDER 09/26/2016 0912612017 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLiCYF—] JELOC PRODUCTS - COMP/OP AGG $ 2,000,00 $ OTHER: I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED AUTOS NON -OWNED AUTOS $ UMBRELLA LIABOCCUR HCLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERlEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA A BINDER 09126!2016 09/26/2017 PER X OTH- STATUTEER E.L. EACH ACCIDENT $ 1'000'00 10 E.L. DISEASE - EA EMPLOYE $ 1,000000 ff yas, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Operations: Lawn Care, Janitotlal and Mobile Detailing CERTIFICATE HOLDER CANCELLATION @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 109 of 145 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Sebastian City 1225 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Sebastian, FL 32958 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 109 of 145 CM7 SEBASTIAN ;;MSiiiW HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: AGENDA ITEM TITLE RECOMMENDATION: 12 October 2016 Road Closure Approval for Annual Christmas Parade. Approve road closures. BACKGROUND: The annual Christmas parade and Santa visit are sponsored by Sebastian Women's and Junior Women's Clubs, Sebastian Property Owners Association, Sebastian River Area Chamber of Commerce, with assistance of City staff and Police volunteers. It is scheduled for Saturday, 03 December 2016 at 6PM. Road closures are requested as follows: 1. Indian River Drive; Jefferson Street to Harrison, 4PM to line up floats into the Main Street Boat Ramp parking lot, until the parade leaves the area at 6:OOPM. Street intersections along the route will be reopened as the parade progresses. 2. Main Street from U.S.1 to the river; from 4:30PM until the parade leaves at 6:OOPM. 3. Sebastian Boulevard from the Speedway to the river; 6PM to the end of the event in Riverview Park. An informational sign will be placed on U.S. I and Main Street, at both boat ramps, and parking lots to notify boaters of this activity. Parade staging will be at the Main Street Boat Ramp. Signage will require the Main Street Boat Ramp area vacated by 3PM on parade day. IF AGENDA ITEM REQUIRES EXPENDITURE OF FOUNDS: N/A /� Administrative Services Department/CFO Review: — l ATTACHMENTS: NIA City Manager Authorization: Date: 04 October 2016 110 of 145 M Ly �'wV1 SE__. _ y HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: 12 October 2016 AGENDA ITEM TITLE: Special Event Approval. RECOMMENDATION: Approve Storybook Forest at Riverview Park. BACKGROUND: The Early Learning Coalition of Indian River County is seeking Council approval for their Storybook Forest Special Event and use of the City's stage. This event is to be held at Riverview Park on Saturday, 11 February 2017, from LOAM to 1:00PM. This is a free, family event. Among the exhibitors were 2-1-1, The Learning AIliance, Camelot Community Care, and Devereux CBC. N/A Administrative Services Department/CFO Review: ATTACHMENTS: 1. Park Use Permit Application 2. Mobile Band Shell Permit Application 3. Hold Harmless Agreement 4. Receipt(s) City Manager Authorization: -1 Date: 04 October 2016 111 of 145 aTr LSF HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7654 mhernandez@cityofsebastian.org NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4 DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT. Date: 9/19/16 Please check appropriate box: Pavilion Mental Only' $100 Security Deposit - $50 Rent plus 7% tax - $53.50 Park Event (75 to 300 anticipated attendees) _ $100 Security Deposit -$100 rent plus 7% tax - $107 Special Event (301 or more anticipated attendees) " City Council Approval $200 Security Deposit - $200 rent plus 7% tax - $214 •Akabolic Beverage Request forany event requires City Council Approval 1 SR (_ )'eI )_ k C v,1V6 - r_v qi i T» til z,,4 �77vt>1A-✓ tQ' ✓GV Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) nAr2rr.+i ,r.va elli�c.y-�cE c��:,v,-;es ;� c':`i���;r.-.rF PlCrvy .Sr.1,rr_�'�„i+:r' F;�i'ie� Physical Address Mailing Address if Different ` 6 . L 7TA —'j ; i0 r 1,- , f31T 1 .sTUA2r- ? yiy �7z-2- 5,f32- L—'CrrR(a) 17u-/,4"+VCr City State Zip Phone E -Mail R ft/'19 il 16-bl 1019911 / COO Facility (Park or Pavilion) Requested Anticipated Number of Attendees lvl 4 Requested Dates) Time From - To Rain Date (if applicable) Will there be any sale of goods? Yeses No (If yes, please describe type of goods on back) e- , Id-Ini C3•'. rs Will there be food or other vendors? Yes. -- }(- No (If yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled on back. (May require Health Dept. or IRC Fire Dept. permit) I. Tkc R- 5h1K5e- , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and agree to the rm hereof Signature of Appli 112 of 145 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION List Any Vendor Information and/or Schematics on this page NAME ADDRESS TYPE Nat A.vk,4—r,8i- e- SCHEMATIC: .ff� .>3,-F-11 C"? 0> /In t4P OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: 2 113 of 145 MOF HOME OF PELICAN ISLAND CITY OF SEBASTIAN MOBILE BAND SHELL PER UT APPLICATION Activity Name, STot'It B,,'k: � � E' Event Dute: , Event Doty; s,4ruZ_0,# Y Event Time: 10,91" -m%Aw Expected Attendance., / "or Event Location: h 1116Q112"7-' P.9-<4 Event Oben to Public: Yes X No Will Admissions Fees or Donations Be Collected; Yes No _'K_ ConmetPerson: Primary —,"7-"/ Dny Phone: -772-2-z3 -;r jL e-mail. �--F0 r (f" rc-c- c.ZC,---- IrvePIcne: -- Note any special requests; Security Deposit: x .,SSL'- =� 5250.00 For Profit: 5500,00 Per Day S Set IIP Cilarge $130.00 5 For Non -Profit 3250A Per Day S -2 Setup Charge 510(}.00 T'_/c c. e -V Addititonal hw of S50.00 Per ]tour fog` set up support outside the aermal wuiric vnak of Monday -Friday 7:00 a.w.- 3:30 p.m. � Number of Hours. Amount of.Additianal Fee S /� c. � e ✓ Total Aniount Due S S fi lock u""_ Mobile Stage Vennit/Application Approved By: ��---- .TosepArm, ity N Mager 114 of 145 _ CRY of r ��r _,,,•� ��n "OhIE Of PfUCAN ISLAND PARKS & RECRE A.TION DMSIUN 12'25 iVWX ST. SEBASTrAN FL. 32955 P:ti Oi%Tk (772). 228-7454 * FAX: (77.2) 228-7077 YNDEIM \ 1FICA.TIO N AND HOLD HARMLESS AGREEMENT FOR USE OF MOBILE STAGE AGE The (renter/lessee.) Name: c,4oz-y IMPP-rn,✓ r}iYB fKtcLi/at3t� .l'aL�Tt� Address 1:2t �,�r� 9pPexWAy ru 1 rZ- baa._ City Sn�,er S tate n' zip -3Y qq `1✓ Shall iiidemnifand hold the City of Sebastian, 1225 Mair. St ect, Sebastian, Fl. 32958 harmless from any and all personal injury or property damage' claims, liabilities, losses or causes of action which may arise out of -the tine and occupancy of the property by the (renter/lessee), its Family, associates, curilractors, agents, ernpl.oyees, customers and attendees. Agreed to this .2 day of Jz,,,fer,'6{—ZQI t CITY OF SEBASTIAN ) SIGNED: PR rNT NAIViE i /2 SIGNEI PRINT 115 of 145 CITY OF SEBASTIAN 10455 ADMINISTRATIVE SERVICES RECEIPT Name M z 61Y` .�KLr ill r 1A_ J Cash Date glAr 16 Check # 1 700 Civ � 4- 5f-Q� L �4,qI %I!l!7 lcA4(.. 1) ! eAll. J Credit Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit Q • 00 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent D, W 450010 369900 Airport Badge 001001 218010 CobraServe 001501 354100 Code Enforcement Fines 001501 347557 Community Center Revenue 001501 341920 Copies 001501 351140 Parking Citation 001501 342100 Police Security Services 001501 329200 Site Plan Review 001501 329300 Subdivision/Plat Review 001501 329100 Zoning Fees L Jyr Total Paid Initials Security Dep Held - Amount $ Check # White - Dept. of Origin • Yellow -Admin. Svcs. - Pink - Applicant 116 of 145 anOF SF,BAST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: October 12, 2016 AGENDA ITEM TITLE: Construction Board — Fill one expired alternate member, concerned citizen position RECOMMENDATION: Interview, unless waived, submit nominations for one alternate member, concerned citizen position with a term to expire September 30, 2019 BACKGROUND: Current Alternate Member Latisha Hays would like to serve another term. There have been no other applicants in response to the advertisement. ATTACHMENTS: Application, Ad, List City Clerk Authorization: (/L/ Date: /0 117 of 145 :11 PIWA 010 N 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: Address: �� % / C�-i%L� �n D/ S City: State: Zip: Telephone: (2 7-D7 E -Mail Address: Q 75Y S Employer: rlI �l� ��Vc4 City: State: Zip: Business Telephone: (� } < Coo I am interested in serving on the following boards)/committee(s): (("" �� QQ jj j 1S` Choice: \Jb0K��YUG�`�Al DtX�f 4 2"d 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) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (permanent) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 118 of 145 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) o Cj, -t qxej-� ZS Why do you want to serve on this board? -�- J{ CsC) ,-` N : k C11i 't �s Do you presently serve on another City Board or Committee? M0 If yes, please list: Have you previously served on any other City Board or Committee? K)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. http•//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 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://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 Appl' ant: �fk Date: REC UED Date Received by City Clerk's Office by W JAN 15 2015 119 of 145 LAS oebastian .., r•i�,�L•c rlffirc� LaTisha Ann Mays 101 7urtfe �Rcn Drive qpt #205 Se6astiar4 Florida 32958 772-323-7979 Certification # 627o9 English K-12, Reading Endorsed, Social Studies 6-12, Math 5-9, Elementary K-6 Education: Nova Southeastern University; Fort Lauderdale, Florida MS degree in Education. BS degree in Social Sciences Experience: Substitute Teacher (Indian River County; Shelby County Kentucky, Jefferson County Kentucky) Retail (Sears, Squire Fashions) Front Desk & Restaurant / Banquet (Holiday Inn) Teaching Experience: Indian River County: Substitute 2014-2015: Grades K -i2 Fort Myers Preparatory and Fitness Academy: Middle Grades English & Math; 2012-2013; Fort Myers, Florida Desoto County High: Intensive Reading; 2010-2012; Arcadia, Florida Renaissance Charter School: Fifth Grade 2009-2010; Port Saint Lucie Florida Saint Lucie West Centennial High School: Intensive Reading & READ 18o; 20o6 — 2009 Port Saint Lucie, Florida Pine Ridge High School: Intensive Reading, READ 18o, & World History; 1999 — 2004 Deltona, Florida Leadership: Interact Club; Desoto High Key Club Sponsor St. Lucie West Centennial High School Sophomore Class Sponsor, Pine Ridge High School National Junior Honor Society; Renaissance Charter School Grants: (2) Garden Grant; Saint Lucie West Centennial High School Volunteer: Library - elementary; Church - various; Theater - various School - various events; Girl Scouts - selling cookies 120 of 145 August 18, 2016 Contact: Jeanette Williams Board Coordinator 388-8215 PRESS RELEASE The Sebastian City Council is accepting applications for the following volunteer positions on the Construction Board: One Regular Member, Electrical Contractor Position — Term expiring 9/2019 One Regular Member, HARV Contractor Position — Term expiring 9/2019 One Regular Member, Contractor Position — Terms expiring 9/2018 One Alternate Member, Contractor Position— Term expiring 9/2019 One Alternate Member, Concerned Citizen Position — Term expiring 9/2019 Applicants must be City residents. Please be advised these positions are subject to financial reporting requirements. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Application forms are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 am and 4:30 pm or downloaded from www.citvofsebastian.org Applications will be accepted until September 14, 2016. 121 of 145 CONSTRUCTION BOARD 3 -YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 6:00 P.M. MEMBER NAME AND POSITION APPOINTME CURRENT TIME ADDRESS NT HISTORY STATUS COMPLETED Electrical Bulla's Term to VACANT Contractor Position expire Position 9/30/2016 Jean Carbano - Chair Regular Reappointed Term to 10/12/11- 433 Betty Avenue Concerned 9/10/14 expire 9/30/14 Sebastian, FL 32958 Citizen Reappointed 9/30/2017 Jean ne4199CaD-ao1.corn Position 10/12/11 9/24/08- 581-1397 10/12/11 Reappointed 9/24/08 9/14/2005 - Reappointed 9/30/2008 9/14/05 5/26/2004- Took Stuart 9/14/2005 Houston's ALT position James Fortier Plumber Position Reappointed Term to 9/30/12 - 1301 Dewitt Lane 9/9/2015 expire 9/30/2015 Sebastian, FL 32958 9/30/2018 3/23/2011 - Jim Fortier(cD_att.net Reappointed 9/30/2012 473-2043 9/26/2012 10/13/2010 - Took Reyes 3/23/2011 position ALT 3/23/11 2/10/10- 10/13/10 ALT Andrew Manero Engineer Took Term to 1113 Blossom Drive or Redden's expire Sebastian, FL 32958 Architect position 9/30/2018 atmanero(cDgmail.com Position 11/18/15 (561)901-3513 VACANT Regular Berry's Term to Contractor position expire Position 9/30/2018 VACANT HARV Dalessandro's Term to Contractor position expire 9/30/2016 122 of 145 Shawn Hosey Regular Reapptd Term to 10/10/12- 133 Cardinal Drive Member 9/9/2015 expire 9/30/2015 Sebastian, FL 32958 Contractor 9/30/2018 flacru2(a)comcast.net Reatd 913012009- 538-4888 10/10 2012 10/10/2012 Apptd 9/27/2006- 9/27/2006 9/30/2009 Apptd 7/12/2006- 7/12/2006 9/27/2006 ALT Took Heck's position Latisha Hays Alternate Took Berry's Term to 101 Turtle Run Drive #205 Concernedexpire position on Sebastian, FL 32958 Citizen 1/28/2015 9/30/2016 latishahays(@gmail.com Position 323-7979 VACANT Alternate Roux's position Term to Contractor expire Position 9/30/2016 Per Code 26-198 — Building Official, Wayne Eseltine, shall initiate proceedings, make recommendations, report on each matter, and appoint recording secretary, Linda Lohsl. 123 of 145 MOF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: 12 October 2016 AGENDA ITEM TITLE: Community Center. RECOMMENDATION: Consider Community Center use by ALKATHON at no charge. BACKGROUND: Mr. Ted Johnston, representing ALKATHON of Sebastian, has requested use of the Community Center at no charge. Use would be during the Holiday Season as described in the Attachment. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: ATTACHMENTS: City Manager Authorization: Date: 05 October 2016 ALKATHON letter; received 4 Oct 16. 124 of 145 I L FBF=CEIfV D SEBASTIAN AREA ALKATHON SEBASTIAN, FLORIDA 10'- To: o. To: City of Sebastian Council Members Thru: Marissa Moore, Community Development Director Cc: Joe Griffin, City Manager Dear Town Council Members, We are writing this letter to request the use of the community center for our annual Alkathons: Thanksgiving Day November 24, 2016 Sam to 7pm Christmas Eve Day December 24, 2016 8:00 am and then around the clock until 7:00 pm Christmas Day December 25, 2016 New Year's Eve Day December 31, 2016 5:00 am and then around the clock until 7:00 pm New Year's Day January 1, 2017 The city has had a building usage rental fee in place for the use of the community center for well over 16 years. The City of Sebastian and the local AA community have worked together for over 25 years to provide a "safe haven" for so many recovering alcoholics. This place of "Refuge" for recovering alcoholics including their families, provides meetings, meals, fellowship and friendship "around the clock" during the most difficult time of the year for alcoholics. Our use and time of the community center has always been grandfathered in. Since the city had difficulty recording a cash donation it was agreed that the Alkathon would purchase a few chairs or tables for the city to use, and we have been doing this for a few years. We understand, that both our grandfathering by the city and agreement thru Chris McCarthy may not have been in writing. We are seeking your 125 of 145 permission for the use of the community building for the alkathons under same grandfather agreement. Our traditions also state that we are self-supporting through our own contributions. The majority of the Alkathon budget goes to provide a nourishing and safe environment for the recovering alcoholic and their families who attend. It takes a lot of time and planning for the many volunteers to prepare for these events. We hope you will give us a commitment in the next seven days. Wayne Rogers sits on our advisory committee has offer to be our contact person for the resolution of this matter. His contact information is 772-913-2690. Signed Ted Johnston incoming chair On behalf of the alkathon executive committee Cc Grace L., John M., Peter D., John W., Wayne R. R4 126 of 145 CiR t� 5SBAsTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 12 October 2016 AtJenda Item Title: Right -of -Way Permit Fee Recommendation: Amended the Community Development and Engineering Permit/Review Fees to add $250 for the engineering review/inspection of Right -of -Way permit applications. BacklZround: Per the City's Land Development Code (LDC) 10:3 section 54- 3-10.3, all work within a City right-of-way shall require prior approval from the City Engineer. The right-of-way permit application shall be filed with the Building Department and accompanied by a fee. The Code allows for a permit application fee to be charged for engineering services and inspections. A permit fee of $250 is within the range of other municipalities to cover the administration, engineering review, and inspections. Permits will be valid for one year. If Agenda Item Requires Expenditure of Funds: Administrative Services Department Review: 1 Attachments: City Manager Authorization: Date: 05 October 2016 R-16-22 127 of 145 RESOLUTION NO. R-16-22 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A FEE FOR AN EXISTING RIGHTS-OF-WAY PERMIT APPLICATION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, adopted Resolution No. R-15-39 establishing fees for various development applications to be considered by the Community Development Department and Engineering Department; and WHEREAS, it is in the best interest of the City of Sebastian to amend the fee schedule to include work within rights-of-way and easements requiring review by the City Engineer as provided in LDC Section 54-3-10.3. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. ESTABLISHMENT OF THE COMMUNITY DEVELOPMENT AND ENGINEERING PERMIT FEES: The City Council of the City of Sebastian does hereby establish the amended Community Development and Engineering Permit/Review Fees as highlighted on the attached schedule labeled Exhibit "A". 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 adoptions. The foregoing resolution was moved for adoption . The motion was seconded by Council Member _ upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor Council Member Jim Hill by Council Member and, The Mayor thereupon declared this resolution duly passed and adopted this day of October, 2016. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 128 of 145 COMMUNITY DEVELOPMENT AND ENGINEERING PERMIT FEES Accessory Structure Review by P/Z $100 Address Change Request $100 Annexation $1,000 Pre -Annexation $100 Board of Adjustment (Appeal) $200 Board of Adjustment(Variance) $200 Administrative Variance $100 Comp Plan Land Use Map Amendment — Large Scale $2,000 Comp Plan Land Use Map Amendment — Small Scale $1,500 Comp Plan Text Amendment $2,000 Conditional Use Permit Commercial $450 Conditional Use Permit (Model Homes) Initial Renewal $250 $150 Development of Regional Impact $3,250 Easement Abandonment $250 Engineering Review: Small Scale Site Plan Medium Scale Site Plan Large Scale Site Plan, Plat, PUD Each Submittal Beyond 2nd Review $600 $950 $1,400 double original fee Home Occupation R-11-28 $50 Land Clearing Residential $50 Tree Removal Permit: Up to 5 Trees More Than 5 Trees $25 $5 each additional tree Land Development Code Text Amendment $1,500 PUD — Conceptual Development Plan $1,250 PUD — Preliminary Development Plan 50 Acres or Less $1,800 PUD — Preliminary Development Plan Greater than 50 Acres $25/Acre Over 50 PUD — Site Plan $1,500 PUD — Final Plat $500 Revisions to an application which require the re -publishing of any public notices 50% original fee plus cost to re - publish and mail notice Rezoning $1,250 Rights -of -Way Permit $250 Sign Review $75 Site Plan New Development) $1,200 Site Plan (Administrative Approval) $350 Site Plan Major Modification $1,000 129 of 145 Site Plan Minor Modification $700 Special Use Permit/Special $500 Exception Street Abandonment $500 Subdivision — Preliminary Plat — $1,500 50 Acres or Less Subdivision — Preliminary Plat — $1,500 plus $22.50/Acre Over 50 Greater than 50 Acres Subdivision — Construction $1,000 Plans Subdivision — Final Plat $1,000 Subdivision — Division of Single $250 Lot - Residential Temporary Use/Special Event $200 Per Application* Temporary Use/Special Event $100 Additional Expedited Review Fee Time Extension of Site Plan, $250 DRI, Subdivision, PUD, or Any Other Deadline or Date Action Unity of Title Release $75 *Subsequent applications in the same year will be changed lesser fees as determined by the City Manager 130 of 145 Lin CF SEBASTAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: 12 October 2016 AGENDA ITEM TITLE: Medical Marijuana RECOMMENDATION: Discuss TRC Proposed Ordinance BACKGROUND: Mayor MCPartlan has requested this issue placed on the Agenda for Council discussion. only. IF AGENDA ITEM REQUIRES EXPENDITURE/OF FUNDS: N/A �j Administrative Services Department/CFO Review: ATTACHMENTS: City Manager Authorization: Date: 05 October 2016 IRC Proposed Ordinance 131 of 145 PLIBL:IC'NOTICT (INL:OR-NIATIONAL-) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Stan Boling, AI ; Community Development Director DATE: September 26, 2016 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 2016. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: October 11, 2016 1. Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers [Legislative] RECOMMENDATION• The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM: FOR: BY: M: IAGENDA1Current Ye=M161Notice of Public Hearing 100416.docx Indian River Co. Appr ed Date Admin. d LegalWOW— Budget Dept. Risk Mgr. 132 of 145 226 ORDINANCE 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "MARIJUANA" AND :MEDICAL MARIJUANA TREATMENT CENTER"; BY AMENDING SECTION 911.11(4), INDUSTRIAL USES; BY AMENDING SECTION 971.13, COMMERCIAL USES TO ESTABLISH CRITERIA FOR MEDICAL MARIJUANA TREATMENT CENTERS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, To Establish Definitions of "Marijuana" and "Medical Marijuana Treatment Center"; as follows: Mariivana shall mean cannabis as defined in Section 893.02(3), Florida Statutes. The term shall include "low -THC cannabis," as defined in Section 381.986(1)(b). Medical Mariivana Treatment Center shall mean an entity that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department of Health or its successor agency, pursuant to Article X, Section 29 of the Florida Constitution. SECTION #2: Amend LDR Section 911.11(4), Industrial Uses, to add Medical Marijuana Distribution Facilities, as follows: (4) Uses. Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings. Bold Underline: Additions to Ordinance 1 81fike-E# eu#1*L Deleted Text from Existing Ordinance 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx Atta9'ORO o�tt1-45 District Use IL IG Agriculture j Agricultural Production Crops Bold Underline: Additions to Ordinance 1 81fike-E# eu#1*L Deleted Text from Existing Ordinance 3 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx Atta9'ORO o�tt1-45 ORDINANCE 2016 - Horticultural and landscape P P Plants and specialties Mulch products and services P P Kennels and animal boarding P P Services Farm labor and management services P P Landscape services P P Veterinary services P P Commercial fisheries P - Commercial Construction General building contractors P P j Special trade contractors P P Personal Services Linen supply P - Carpet and upholstery cleaning P i Dry cleaning plants P - I Crematoriums P - 1Auto Repair, Services and Parking Automobile parking and storage P - !Automobile Repair Body and paint shops P P General automotive repair P P Carwashes P - 'Miscellaneous Repairs Electrical repair P P Reupholstery and furniture P P Welding P I P Heavy machinery P I P Social Services job training services P P Wholesale Trade ;Durable goods (not including demolition debris site, junkyard, recycling center) P P Bold Underline; Additions to Ordinance 2 Sieike threag#: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx Attag"e0q1t, 45 ORDINANCE 2016 - ;Non -durable goods P P ;Auction facilities, unenclosed S Flea market A - Recycling center (including vegetation debris mulching) A A !Auto and home supply stores I1 - `Gasoline service stations P S Boat dealers P - Recreational vehicle dealers P - Motorcycle dealers P - Automobile sales (new and/or used) P I - !Automotive fluid sales and services (other than gasoline) - A Retail Trade Convenience stores P P ;Medical Marijuana Treatment Center - A !Amusement and Recreation ,Enclosed commercial amusements, gyms, dance studios P - Eating and Drinking Establishments Restaurants P - Take out restaurants P P Drive through p - Bars and lounges P Bottle clubs P - Fuel dealers P P Adult entertainment facilities S S !Marine -Related Commercial Activities Boat sales and rental P - Commercial marina P - Marine repair and services P P Industrial Manufacturing Food and kindred products P P� Tobacco products P p Fruit and vegetable juice extraction A P Bold Underline: Additions to Ordinance Sidle thmugh 3 Deleted Text from Existing Ordinance Atta�l P-�t 3 F:\Communiry Development\CurDevlOrdinances\2016 Ordinances\2016-- MedicalMarijuana.docx Tlf ORDINANCE 2016 - Fruit and vegetable packing houses A P Textile products P P j Lumber and wood P P Furniture and fixtures P P Paper manufacturing - P ;Printing and related support activities P P Chemicals - P Petroleum products - P Rubber and plastics - P Tires - P Rubber and plastic footwear P P Hose, belts, gaskets and packing P P i Fabricated rubber products P P Drugs and pharmaceuticals P P ! Tanning and finishing - P Footwear P P Other leather goods P P Brick and tile - P Glass and glass products - P Cement and concrete products - P i Other nonmetallic mineral products - P Primary metal industries - P Fabricated metal products P P Machine shops P P Industrial machinery and equipment - P Electronic and other electric equipment P P i Transportation equipment - P Instruments and related products P P Junk and salvage yards - S Demolition debris site - S Transportation and Utilities Airports/airstrips S S Heliports/helipads S S Bold Underline: Additions to Ordinance 4 Strike-&eeglr Deleted Text from Existing Ordinance FXommunity Development\CurDev\Ordinances12016 Ordinances12016-_ MedicalMarijuana.docx Atta9la� 09945 ORDINANCE 2016 - Railroad and bus transportation services P P Trucking and courier services P P Commercial warehousing & storage P P Moving and storage _ :Trucking terminals Self storage P P I l P�� P P Outdoor storage P P j Vehicle storage lot (paved/unpaved)2 P P Postal services P P Water transport services P - Air transport services P - Pipelines P P Transportation Services Communications towers (wireless facilities including cell towers) A3 A3 Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) j Less than 80 feetP P 80 feet or taller (see 971.44(4) for special criteria) S S Commercial Up to 70 feet: ' Camouflaged P P Non -camouflaged 70 feet to 150 feet: Camouflaged P A P Monopole (minimum of 2 users) A A Not camouflaged and not monopole A/S* A/S* Over 150 feet: All tower types (see 971.44(1) for special criteria) S S Freight transport arrangement P P Utilities ;Public and private utilities, heavy S S Gas services P P Bold Underline: Additions to Ordinance 5 S#ike-thieugh,. Deleted Text from Existing Ordinance AttaC� F�ls��t � 5 F:1Community Development\CurDev\Ordinances12016 Ordinances12016-_ Medical Marijuana. doex ORDINANCE 2016 - Electric services P P Water services P P Sanitary services P P Irrigation systems P P Residential Uses Accessory housing (watchmen) A JA P= Permitted use A= Administrative permit use S= Special exception use 'The requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet. 2 Standards for unpaved vehicle storage lots are found in section 954.08(6). 3 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. *See 971.44(4) to determine whether the administrative permit or special exception use process applies. SECTION #3: Amend LDR Section 971.13, Commercial Uses, to Establish Criteria for Medical Marijuana Treatment Centers, as follows: (6) Medical Marijuana Treatment Center (administrative permit). (a) Districts requiring administrative permit use approval (pursuant to the provisions of 971.04): IG. (b) Additional information requirements: 1. Provide a site plan meeting all the requirements of Chapter 914; 2. Provide in written form information required for a pain management clinic under County Code Chapter 315. (c) Criteria for medical marijuana treatment centers: 1. No medical marijuana treatment center shall be located within the WGIC (West Gifford Industrial and Commerce) overlay area as described in Section 911.23; 2. No medical marijuana treatment center shall be located west of 6611 Avenue; 3. No medical marijuana treatment center site shall be located within 1,000 feet of a primary or a secondary school site, a child care facility Bold Underline: Additions to Ordinance 6 Stere -t eugl-L Deleted Text from Existing Ordinance BCommunity Development\CurDev\Ordinances\2016 Ordinances\2016-_ Medical Marij uana.docx Attaj4W9'A5 ORDINANCE 2016 - site, a public park site, or another medical marijuana treatment center site; 4. No medical marijuana treatment center site shall be located within 500 feet of a residential zoning district, a property with a Public or a residential land use designation, or within 200 feet of a Thoroughfare Plan road right-of-way (collector or arterial road); 5. No medical marijuana treatment center site shall be designed for or operated to provide drive-through service; 6. On-site consumption of mariivana or alcoholic beverages on a medical mariivana treatment center site is prohibited. 7. Cultivation of mariivana on a medical mariivana treatment center site is prohibited; 8. Hours of operation for a medical mariivana treatment center shall be limited to 8 am — 7 pm Monday through Friday and 8 am — Noon on Saturdays and Sundays; 9. Loitering on a medical mariivana treatment center site is prohibited. The applicant shall provide treatment center plans, including operational plans, that demonstrate how loitering will be discouraged on the treatment center site. 10. The medical mariivana treatment center shall be designed and operated in a manner that prevents the odor of mariivana from escaping the treatment center building. 11. To the maximum extent possible, the treatment center shall be designed and operated in a manner that incorporates security measures recommended by the Sheriffs Office. 12. Parking shall be provided at the rate applicable to a medical office. 13. The medical mariivana treatment center shall comply with applicable requirements of County Code Chapter 315. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance Strike Deleted Text from Existing Ordinance 7 F:Community DevelopmentlCurDevlOrdinances\2016 Ordinances12016-- MedicalMarijuana.docx Atta�gWy'A 5 ORDINANCE 2016 - SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the th day of , 2016, for a public hearing to be held on the th day of , 2016, and on the rd day of , 2016 for a second public hearing to be held on the th day of , 2016, at which time it was moved for adoption by Commissioner , seconded by Commissioner _ and adopted by the following vote: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Bold Underline: Additions to Ordinance 8 &FAO-dweugl� Deleted Text from Existing Ordinance Attaa l�l t1 5 FXommunity Development\CurDev\Ordinances12016 Ordinances12016-- MedicalMarijuana.docx l ORDINANCE 2016 - This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Bold Underline: Additions to Ordinance 9 Steike tkreu* Deleted Text from Existing Ordinance Atta�l�f�lE'�1� 5 F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ MedicalMarijuana.docx CM Lf SrBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: AGENDA ITEM TITLE 1�x61$3u I W 1XVK110 12 October 2016 Declaration of Local State of Emergency. Consider Amending Declaration. BACKGROUND: On 4 October 2016, in response to the approach of Hurricane Matthew, Mayor Bob McPartlan signed a Declaration of a Local State of Emergency. That Declaration granted the City Manager authority to act in limited areas, if necessary, for the duration of the emergency. As part of Council's review, they may amend, confirm, or cancel, the provisions of the Declaration. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review:' !SC� ATTACHMENTS: City Manager Authorization: Date: 05 October 2016 1. Declaration of Local State of Emergency 2. Emergency Order of the City Manager. 142 of 145 QN L -f HOME OF PELICAN ISLAND CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY Chapter 870.043 F.S. and the Code of the City of Sebastian, Section 2-37, gives authority to the Mayor to declare and enact a State of Local Emergency for a period of up to seven (7) days, hereby waiving the procedures and formalities otherwise required of municipalities by law, and; WHEREAS, Hurricane Matthew may require extraordinary and immediate actions by the City in order to protect the public health, safety, and welfare; THEREFORE, as Mayor of the City, I hereby declare a State of Local Emergency that will continue for seven (7) days unless cancelled before that period of time. This Local State of Emergency includes all of the City. Pursuant to this Declaration, further orders may be issued by the City Manager to protect the health, safety, and welfare of the community. The City Manager is hereby ordered to take whatever prudent actions are necessary to effectuate such orders and to otherwise protect the health, safety, and welfare of the community. Enacted: Signed: _ Cancelled: Signed: MAYOR Date: 7 ; MAYOR Date: time: r = time: 143 of 145 �-v �f SEBASTIAN HOME OF PELICAN ISLAND EMERGENCY ORDER OF THE CITY MANAGER Pursuant to the authority of Section 2-37 of the Code of the City of Sebastian and the Declaration of Local State of Emergency attached here, I hereby order the following (see circle items): 144 of 145 a) The recalling of City employees from vacation, canceling days off, and mobilizing all personnel required for disaster response; b) The suspension of normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response; c) The procurement of supplies, equipment, and services without formal bidding procedures; d) Evacuation Order: A mandatory evacuation of appropriate areas(s) of the City deemed to be in imminent danger from disaster; e) Curfew: In the period before, or during and immediately after an event, a general curfew applicable to the City as a whole or to geographical area(s) of the City. fl The commercial establishments located in areas(s) of imminent or actual danger; g) The closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are predominantly sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sales of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure from seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, at the discretion of the City Manager be allowed to remain open; h) The discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all part of the City. i) The discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly attached to a gas powered vehicle; j) The closure of any or all establishments where fire arms and/or ammunition are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition, and in which such firearms or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, at the discretion of the May, be allowed to remain open. k) The closing to the public of public places including streets, alleys, public ways, parks amusement areas and public buildings; 1) The preventions of price gouging for any essential commodity, dwelling unit, or storage facility; m) The conservation of water supplies; and n) The cancellation or rescheduling of City meetings. Signed: CITY MANAGER Date: C�'4- �, Time:- 97 4 / �/y] 145 of 145