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Home My WebLink About05-10-2017 CC Agenda PacketCffyor S HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 10, 2017 - 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. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 17.087 A. Proclamation — National Police Week — May 14-20, 2017 and National Peace Officers Memorial Day — May 15, 2017 - Accepted by Police Chief Michelle Morris and Members of Sebastian's Police Department 17.088 B. Proclamation — National Safe Boating Week — May 20-26, 2017 - Accepted by Commander Mark Cannon, USCG Auxiliary Flotilla 56 17.089 C. Proclamation — Tobacco Free Week — May 7-13, 2017 — Accepted by Leslie Spurlock Brief Announcements - 5/12/17 Chamber Concert in Riverview Park — Bobby Owen Band — Country, Blues & Oldies — 5:30 to 8:00 pm 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 5-18 A. Approval of Minutes — April 26, 2017 Regular Meeting 17.072 B. Resolution No. R-17-14 Approve FDOT Supplemental JPA for Construction Changes pgs 19-28 for Hangar C Project (Transmittal, R-16-15, JPA, R-17-14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO AMEND THE SCOPE OF THE CONSTRUCT HANGAR, (HANGAR `C') PROJECT AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 17.090 C. Approve Alcoholic Beverages for Lindsay Event at Community Center on June 3, pgs 29-31 2017 from 4:00 p.m. to 10:00 p.m. DOB Verified (Transmittal, Application, Receipt) 17.091 D. Approve Alcoholic Beverages for Steward Event at Community Center on June 10, pgs 32-34 2017 from 12:00 p.m. to 4:00 p.m. DOB Verified (Transmittal, Application, Receipt) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 17.014 A. Citizens Budaet Review Advisory Board pgs 35-40 (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nomination for One Alternate Member Position — 5/1/2020 17.092 B. Construction Board pgs 41-48 (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired Regular Member, Contractor Position — Term to Expire 9/1/2018 17.046 C. Plannina and Zonina Commission pgs 49-61 (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Expired Regular Member Position — Term to Expire 5/1/2020 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 17.068 A. Award Certified Playground Safety Inspection Agreement with Playground Guardian pgs 62-69 in the Amount of $13,300 and Authorize the City Manager to Execute Appropriate Documents (Transmittal, TCRPC Agreement, Worksheet, Agreement) 17.093 B. Authorize Continuing Services Agreement #2 to the Schulke, Bittle, & Stoddard, pgs 70-78 LLC Continuing Engineering Services Agreement to Provide Final Design, Construction Documents and Permitting for Four Pickle Ball Courts in the Amount of $14,700 (Transmittal, CSA 1, Plans, Cost Estimates, CSA 2, Zone Allocations, Available Funds) 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 17.051 A. Carey Timinsky — Light Up Blue Awareness 2 12. NEW BUSINESS 17.094 A. Approve the Automatic Renewal and 2nd Amendment to Waste Management's pgs 79-119 Franchise Agreement for Solid Waste Collection and Authorize the City Manager to Execute Appropriate Documents (Transmittal, 0-13-03 w/Agreement, 1 st Amendment, Proposed 2nd Amendment) 17.095 B. Support Indian River County's Emergency Order 2017-001 - Burn Ban (Transmittal, pgs 120-134 Florida's Executive Order, IRC Proclamation, IRC Emergency Order) 17.096 C. Authorize the City to Sponsor the Annual ShrimpFest & Craft Beer Hullabaloo in pgs 135-145 Riverview Park (Transmittal, Flyer, Purpose, Rules) 17.023 D. City Council Goals and Objectives FY17/18 (Transmittal, R-12-08, FY16/17 Budget pgs 146-150 Pages) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor McPartlan B. Vice Mayor Coy C. Council Member Dodd D. Council Member Hill E. Council Member Kinchen 17. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: May 24, 2017 Regular City Council & CRA Meeting June 14, 2017 Regular City Council Meeting June 28, 2017 Regular City Council Meeting July 12, 2017 Regular City Council Meeting July 26, 2017 Regular City Council Meeting PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reaular Citv Council Meetinas Public input is ALLOWED under the headinas: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headinas: ✓ 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 Saecial Meetinas. 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. Aapealina 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 Headina on Aaenda 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. El CITY OF SEBAST�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) MEETING MINUTES WEDNESDAY, APRIL 26, 2017 - 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. Pastor Todd Thomas of the Sebastian Christian Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. Roll Call: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Jim Hill Council Member Linda Kinchen Citv Staff Present: City Manager Joe Griffin City Attorney Bob Ginsburg City Clerk Jeanette Williams Administrative Services Director Ken Killgore City Engineer Frank Watanabe Airport Director Scott Baker Community Development Manager Dorri Bosworth Director of Golf Greg Gardner Police Chief Michelle Morris Records Clerk Cathy Testa Community Development Coordinator Margarita Hernandez Asst. Administrative Services Director Cindy Watson Procurement Manager Randy Moyer 5. AGENDA MODIFICATIONS — None 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. 17.073 A. Proclamation — Guardian Ad Litem Month — Aoril 2017 H.L. "Vern" Melvin, 19th Judicial Circuit Director, Guardian ad Litem Proaram Mayor McPartlan introduced Mr. Melvin and read the proclamation. 17.074 B. Proclamation — National Volunteer Week — Aoril 23-29, 2017 Mayor McPartlan read and presented the proclamation to Sebastian Community Police Volunteer Members. 5 of 150 Regular City Council & CRA Meeting April 26, 2017 Page Two 17.075 C. Presentation — Sebastian Sharks Youth Football & Cheerleadina Association Wavne Snow, Vice President Mr. Snow and members of the football team thanked the City's Parks and Recreation Department and Council for their assistance with the practice and games held at the football field. He presented a plaque to Community Development Coordinator Margarita Hernandez. Brief Announcements • 516117— Craft Club Show in Riverview Park — 10 am to 3 pm Mayor McPartlan announced the Craft Club show set for May 6t". Vice Mayor Coy reported the Natural Resources Board's Earth Day was phenomenal, thanked the Board and invited the public to mark their calendar for next year. 7. Recess Citv Council Meeting and Convene as Communitv Redevelopment Aciencv A. Chairman McPartlan called the CRA meeting to order at 6:11 p.m. Members present included Chairman McPartlan, Vice Chairwoman Coy, Mr. Dodd, Mr. Hill and Ms. Kinchen. B. Approval of Minutes — March 22, 2017 CRA Meeting MOTION by Ms. Kinchen and Vice Chairwoman Coy to approve the March 22, 2017 CRA minutes. ROLL CALL: Vice Chairwoman Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen — Aye Chairman McPartlan — Aye Motion carried 5-0. C. Approve Revised Facade, Sian, and Landscape Grant Application (Transmittal, Reaulations, Summarv) The Community Development Manager explained that Waste Management developed a commercial waste recycling program but CRA businesses were hesitant to join because of the cost to enclose or enlarge recycling dumpsters as required by code. She said the City would like to keep the dumpsters enclosed and thought by offering grants to offset some of the cost the businesses might be more willing to join the program. She said page two of the application was revised to add a maximum award of $1,500. to help construct the enclosures. MOTION by Mr. Hill and SECOND by Mr. Dodd to approve the revised Fagade, Sign, and Landscape Grant Application. Vice Chairwoman Coy asked if there was a time frame that could be extended for businesses to join the recycling program. The City Manager reported that Waste Management does have two businesses interested in joining and would get back to the board with the program's time frame. 6 of 156 Regular City Council & CRA Meeting April 26, 2017 Page Three ROLL CALL: Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen — Aye Chairman McPartlan — Aye Vice Chairwoman Coy - Aye Motion carried 5-0. D. Chairman McPartlan adjourned the CRA meeting at 6:16 p.m. 8. Adiourn Communitv Redevelopment Aaencv Meeting and Reconvene as Citv Council 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. A. Approval of Minutes — March 22, 2017 Meeting 17.072 B. Approve Lease Agreement Between the Sebastian Municipal Airport and CzechSport Aircraft, Together with Cruiser Aircraft, Inc. for the Use of Hangar C and Authorize the City Manager to Execute Appropriate Documents (Transmittal, 3/22/17 Transmittal, Agreement) 17.076 C. Approve Purchase and Implementation of ADP Human Capital ManagementSoftware in the Amount of $6,100 and Authorize the City Manager to Execute Appropriate Documents (Transmittal, ADP Summary, Overview, Agreement) 17.077 D. Award Off -Site Mechanical and Electrical Repair Services Agreement to Vinnie's Family Auto Repair and Authorize the City Manager to Execute Appropriate Documents (Transmittal, Bid Tab, Page 1 of Services Agreement, Price Bid Sheet, Certifications & Declarations) (Full Contract Available in City Clerk's Office) 17.078 E. Award Agreement to McDine's Painting, Inc. in the Amount of $36,600 for the Preparation and Painting of the Historic Sebastian Elementary School and City Hall Administration Building and Authorize the City Manager to Execute Appropriate Documents (Transmittal, Bid Invitation, Bid Tab, Page 1 of Agreement, Certifications & Representations) (Full Contract Available in City Clerk's Office) 17.079 F. Approve Expenditure of Forfeiture Funds to Gang Resistance Education and Training (GREAT) Program in the Amount of $413.82 (Transmittal, Invoice, Letter, F.S.932.7055) 17.080 G. Approve Alcoholic Beverages for Salinas Event at Community Center on May 20, 2017, from 3:00 p.m. to 8:00 p.m. DOB Verified (Transmittal, Application, Receipt) 17.081 H. Approve Indian River Drive Closure for HALO Rescue 5K Run on September 16, 2017 from 6:00 a.m. to 11 a.m. (Transmittal, Route, Application, Receipt, Correspondence) 17.082 I. Approve 5t" Annual Sebastian Charter Junior High 5K Run at Sebastian Municipal Golf Course on May 13, 2017 from 6:30 a.m. to 11:30 a.m. (Transmittal, Application, Receipt, Route) 7 of 156 Regular City Council & CRA Meeting April 26, 2017 Page Four Ms. Kinchen requested to pull item C and Mr. Hill requested to pull item I. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve items A, B, D, E, F, G, and H of the consent agenda. ROLL CALL: Motion carried 5-0. Mr. Hill - Aye Mayor McPartlan — Aye Mr. Dodd - Aye Ms. Kinchen Vice Mayor Coy — Aye Item C — ADP Human Capital Manaaement Software The City Manager said it was his desire to go to a paperless payroll system with a check-in/ check-out procedure. The Procurement Manager said the automation will give managers the tools to better manage their hours. Ms. Kinchen asked if employees will check-in on smart phones. The Procurement Manager said that will be capable but the contract does not include hardware; employees will use a computer, kiosk or have their managers access their record. He also said he planned to go live in September/October and there wouldn't be a price increase until 2019. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve the purchase of ADP Human Capital Management software. ROLL CALL: Motion carried 5-0. Ms. Kinchen — Aye Vice Mayor Coy — Aye Mr. Hill - Aye Mayor McPartlan — Aye Mr. Dodd — Aye Item I- 5th Annual Sebastian Charter Junior Hiah 5K Run Mr. Hill noted he has tried to get some of the 5K runs moved throughout Sebastian for many years and this Sebastian Charter Junior High's 5K Run will showcase the Golf Course on May 13, 2017 at 6:30 a.m. He invited the public out to join the win-win event since the businesses along the riverfront will be able to stay open. MOTION by Mr. Hill and SECOND by Vice Mayor Coy to approve the 5th Annual Sebastian Charter Junior High 5K Run at Sebastian Municipal Golf Course on May 13, 2017. ROLL CALL: Motion carried 5-0. Mayor McPartlan — Aye Mr. Dodd — Aye Ms. Kinchen - Aye Vice Mayor Coy — Aye Mr. Hill - Aye 10. 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. 17.083 A. Brief Announcement of Ooeninas on the Followina Boards: Construction Board; Citizens Budget Review Advisory Board; Natural Resources Board; Police Officer Board of Trustees Pension Board; Planning & Zoning Commission 8 of 156 Regular City Council & CRA Meeting April 26, 2017 Page Five The City Clerk announced the current boards that have openings and invited anyone interested to contact her. Vice Mayor Coy said she went to an Indian River Chamber of Commerce's Community Leaders Summit where guest speaker Bill Fruth gave the same advice for Indian River County, to have thousands of acres shovel -ready to move forward. Ms. Kinchen reported during her monitoring of the County Commission meetings, the Commission approved the CR512 paving project and to extend the water line assessment project through the entire Collier Creek and Harbor Point subdivisions. 11. PUBLIC HEARINGS 17.029 A. Second Public Hearina and Second Readina of Ordinance No. 0-17-01 Medical Mariivana (Transmittal, 0-17-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE VI (CONDITIONAL USE CRITERIA); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. (PJ Ad 3/28/17 & 4/11/17) The City Attorney read the title to Ordinance No. 0-17-01 and Mayor McPartlan opened the public hearing at 6:29 p.m. MOTION by Mr. Hill and SECOND by Vice Mayor Coy to approve Ordinance No. 0-17-01. Joe DiBartolo asked why the marijuana won't be sold in drug stores as opposed to a clinic. Mr. Dodd responded that the federal government considers it a Schedule 1 drug which can't be sold in drug stores. Mr. Hill thanked the City Attorney for writing the ordinance. The City Manager cited the permissible locations listed on pages 137-139 of the agenda packet. Vice Mayor Coy noted Council would have to approve the location. Mayor McPartlan closed the public hearing at 6:33 p.m. ROLL CALL: Vice Mayor Coy — Aye Mr. Dodd — Aye Mr. Hill - Aye Ms. Kinchen - Aye Mayor McPartlan — Aye Motion carried 5-0. 12. UNFINISHED BUSINESS 17.031 A. Approve RFP Process for Sebastian Municipal Golf Course Restaurant/Bar Lease (Transmittal, 1/25/17 Transmittal, Citv Reauested Appraisal, DTF Reauested Appraisal, DTF Correspondence, Proposed Lease) 6:34 pm The City Manager gave a brief background of his effort to extend the lease. In 2015, he notified Mr. and Mrs. Fink that he would not take the current lease extension before Council and asked for another lease. He did not hear back from them and prepared an RFP in November 2016 which he presented to Council in January 2017. 9 of 156 Regular City Council & CRA Meeting April 26, 2017 Page Six At that time Council instructed him to begin negotiations with Mr. and Mrs. Fink; there have been four negotiation sessions; he believed they are at an impasse; on April 17 he received notice that Mr. & Mrs. Fink would not accept the lease presented to them and they would be making a presentation to Council. The City Manager recommended sending a letter to Mr. & Mrs. Fink stating the current lease will terminate on November 20, 2017 and move immediately to the RFP process. MOTION by Mayor McPartlan and SECOND by Vice Mayor Coy to send a letter to the current tenant as outlined and approve the RFP process going forward. Warren Dill, Attorney, representing Mr. and Mrs. Fink and their corporation DTF, Inc. introduced himself and asked that Mr. Fink be allowed to make a presentation before Council. 6:47 pm MOTION by Mr. Hill and SECOND by Mr. Dodd to waive the speaking time limit for Mr. Fink for his presentation. The City Attorney said that would be appropriate. Mr. Dill distributed a statement dated April 26, 2017 from Mr. Fink. (See attached) Mr. Dodd clarified that Council is not negotiating the lease only the motion to send the letter and if Mr. Fink's comments relate to lease terms it would not be appropriate. He said if they are going to negotiate a lease there should be a motion to negotiate contents of a lease. Mr. Hill agreed that Council did not need to be involved in the lease but to listen and understand whether the tenant is willing to continue negotiating and determine if we are at an impasse and if we are, how to proceed. Mayor McPartlan stated the tenant doesn't agree with the City's appraisal at $20 a sq. ft. so there is a great "in between" in what the restaurant is worth per month. He said for the six months prior to January 2017, the City received less than $1,000 on six month's rent; the only way to establish fair market value is to put the operation out to bid. Mr. Hill said at this point they should not discuss the rent difference but whether there is an impasse and he would like to hear from the public, Mr. Dill, and the Finks. Dennis Fink thanked City Council for the opportunity to speak; noted the letter from a former City Manager stating they would have been awarded a 40 year lease if it was authorized and read his statement. (See attached) Mr. Fink's statement started to get into numbers and Mr. Hill called for a point of order to ask him if he is willing to negotiate further with the City. Mr. Fink said they definitely wanted to go forward. Mr. Hill said the City has received his latest proposal and asked if the City is willing to negotiate. Mr. Dodd asked Mr. Fink if he is willing to negotiate his lease concerns and the difference in rent. Mr. Fink said he thought he could get past the concerns to negotiate. 10 of 156 Regular City Council & CRA Meeting April 26, 2017 Page Seven Mr. Hill said the difference is $20,000 a year and whether the parties are willing to budge is the question at hand. The City Manager said he negotiated by splitting the difference in the rent amounts down the middle, rounded down to their favor, eliminated the ad valorem tax, and did not include outside patio space. Ms. Kinchen asked if the RFP had a specific dollar amount or did he leave it up to the restaurateur to fill it in. The City Manager said the restaurateur could fill it in or put a minimum of 5% of sales. Vice Mayor Coy said they are paying $33,500 annually which includes the property tax. The City pays the utilities and does the maintenance on property which is included in the current lease. Mr. Fink said it has been a fair deal for the last 20 years. Mr. Fink said improvements they have made included a patio for outdoor seating, the canopy, tiled the dining floor and built partitions throughout the restaurant. Ms. Coy noted the City did not charge more rent since he can seat more people and the City recently put on a new roof and carpeting. Mr. Fink said they were willing to take over some improvements. Mr. Hill said the City Manager has indicated that he doesn't want to go any further and Council's decision is to decide if they should direct the City Manager to continue the negotiations. Mr. Dodd offered a compromise, noting there is an interest in replacing the existing lease to allow the Finks to continue to operate the facility but renegotiate some of the items. He asked the Mayor to pull his motion to table until first meeting in June, and direct both parties to re-enter negotiations and if still at impasse in June, direct the City Manager to notify them that the City won't renew lease and go out to RFP. Mayor McPartlan said he will not pull his motion and asked the City Manager if he had the sense that an agreement can be reached. The City Manager did not think an agreement could happen but if Council wanted to go forward, he would recuse himself and assign Administrative Services Director Ken Killgore to negotiate. The City Manager said citizens are involved, and as a government there is a higher standard of care needed; he has tried to submit a fair lease that puts the City in the position of a real landlord. Mayor McPartlan said the only way to get a true estimate is to go out to the competitive, open market and there are people that might want to bid. He said the remark that the City is kicking the Finks out is not true in any way, shape or form. The City has abided by the 20 year lease and his personal feeling is that the only way to get the fair market value is to give everybody the opportunity to bid on it, to include the current tenants. He didn't think any more meetings would change the minds of people that think the City isn't getting fair market value. Vice Mayor Coy said Council could give them another deal but noted this is a very litigious age and the City could be sued if it were perceived as another deal. She did not think they could go further. 11 of 156 Regular City Council & CRA Meeting April 26, 2017 Page Eight 7:24 pm Mr. Dill said they are not on an impasse on the lease at all, the parties never got past the rent. He said Mr. Fink has been complying with the lease where he is not required to pay utilities or facilities maintenance. The lease will be a historical document and there will be some changes in the renewal that Council and the Finks feel are more equitable. 7:36 pm 7:41 pm He said Mr. & Mrs. Fink are still paying for the substantial investment they made; additionally they spent $75,000+ on furniture, desks, chairs, bar, kitchen equipment; and noted per the previous City Manager's letter, there would have been a 40 year lease. He said there is a legal contract stating, "Concessionaire shall have the option to renew the agreement for two additional ten year terms provided it's within the sole discretion of the City, provided the City approves renewal of the lease. The Finks have the option to renew and Council's right to approve the renewal." Mayor McPartlan asked Mr. Dill if he represented the Finks in 1997 and if he agreed with the lease at that time. Mr. Dill said he did and it was the best lease they could receive. Mayor McPartlan said the City has fulfilled our portion and now if the tenant requests it, the City can consider the renewals. Vice Mayor Coy added that Council has directed the City Manager to re -negotiate not renew the old lease. Mr. Dill said the lease continues on which does not imply terminate. He said in law, the "right to renew" and "right to approve" must be read in parametric so they both have meaning. The Finks are prepared to make amendments to the current lease, including increased rent and utilities; the only thing to determine is the rent amount which is Council's responsibility. He is confident that once the rent is set, he was confident the rest of the items could be negotiated. He said the $16.00 a sq. ft. was not reasonable rent. Mr. Dodd called the question. He said there is an obligation to notify the tenant of termination. Mayor McPartlan said the amount needs to be set by going out for bid. Mr. Dill suggested the City retain a golf course consultant that understands restaurants leases when they are part of a municipal golf course to obtain the rent amount. Public Input John Ferraro said the golf course is always empty but he always has a good time at the Eagles Nest and a new restauranteur will lose money during the summer months. Fred Richard said he and his friends won't eat at the Eagles Nest, the quality isn't there but they do enjoy the golf course. Greg Hepler, Sebastian, owner of the Pelican Diner, said he heard the restaurant was up for lease and thought there might be a business opportunity; in listening to the numbers, the rent is not far out of reach. He said the liquor license is an unlimited potential of money; there is no excuse not to make money. He said taking into consideration the number of golfers, the available parking, and some advertising, there is tons of potential and he would like to see it go out to bid. Sherry Shook said she plays golf and it appears there is an impasse. She is would like it to go out to bid. Gail Gangloff said she plays golf, it seems clear to her that this should be put out to bid. 12 of 156 Regular City Council & CRA Meeting April 26, 2017 Page Nine Diane Ranzinski, Sebastian, said she too plays and it is good business practice to go out to bid. 8:00 pm Tracy Way, Sebastian, said the lease was given with an option to renew and the option is being pulled away only to get more money; the meals are reasonably priced and this will push the prices up. Comparing the restaurant to other golf course restaurants, negotiating the new lease is the right thing to do. Robert Crady said the restaurant needs a lot of improvement, he doesn't even go for beer, the service and signature prime rib was horrible. Joe DiBartolo said none of the fundraisers will happen again if Teresa Fink isn't given a fair shot. Ben Hocker said he has leased buildings and when tenants leave, the renovations become part of the property; the lease is over and should be put out for everyone to bid. What is lost is the cost of doing business. Ed Aherns, 201 Poinciana Street, plays golf twice week and has never had a bad meal. The Finks always fill tournament slots; they are a great asset; and should give them some leeway. Damien Gilliams, real estate broker, restaurateur, broker of liquor licenses, said Council has a fiduciary responsibility to the taxpayers with this City property; the lease has run its course and needs to go out to bid. Triple net leases are common where the maintenance, tax, and insurance are paid by the tenant. Leanne Harkins, Sebastian, said Mrs. Fink has right to renew especially since she took a 30 year loan for a 20 year lease; the current lease should be renegotiated. Vice Mayor Coy asked the City Attorney if the City is in violation by not automatically renewing. The City Attorney said no, when the City reaches 20 years, the tenants have the right to renew. If they do, it's up to Council if they want to go forward. Vice Mayor Coy stated the City is not unfairly kicking the tenant out; if the City was violating the lease Mr. Dill would be coming after the City. Carl Shook said it is a poorly run restaurant and competition is the best way to solve the problem; it should be put up to bid. Mr. Hill said he didn't believe they were at an impasse; said the contract was signed with the assumption of a renewal; the Finks are willing to negotiate, not just renew, and the issue is whether Council is willing to continue. He said it would be a good faith gesture to try to renegotiate since the Finks are willing to increase the numbers. He said he was not at an impasse. Mr. Dodd asked if the City has to notify the tenant of termination to do the RFP. The City Attorney advised he didn't view it as a termination; the lease term is approaching and the City is deciding what to do about that. 13 of 158 Regular City Council & CRA Meeting April 26, 2017 Page Ten Mr. Dodd clarified that the motion stated the City Manager will send a letter to DTF, Inc. advising the lease would be up and then go out for RFP. He asked if the letter was required. The City Attorney said they should receive a letter that the City is not going to go forward with renewal. Mr. Dodd asked if the City could use the RFP route without the letter to establish fair market value; then the City could give an offer and if they don't accept that than the City terminates. The City Attorney said that causes issues with the RFP being a fair document and the City analyzing the responses; in his view the RFP shouldn't be used as a negotiation tool. ROLL CALL: Motion carried 4-1. Mr. Dodd — Aye Ms. Kinchen — Aye Vice Mayor Coy — Aye Mr. Hill - Nay Mayor McPartlan — Aye Mayor McPartlan called for a recess at 8:11 p.m. Upon return at 8:19 p.m., all Council Members were present. 17.030 B. Award Construction Services Agreement for Reconstruction of Piers/Docks to Brothers' Construction in Amount of $1,141,115 and Authorize the Citv Manager to Execute Appropriate Documents (Transmittal, Bid Tab, Line Item Summarv, Page 1 of Agreement, Certifications & Representations) (Full Contract Available in Citv Clerk's Office) The City Manager said this was the low bid and the City Engineer reported the permitting is going along very well. In addition to the contract, the City Manager requested approval from Council to demolish what is left of the Boudrot pier pilings which was included in the bid. MOTION by Mr. Hill and SECOND by Ms. Kinchen to award construction services agreement for reconstruction of the piers and docks as well as authorize the City Manager to execute the appropriate documents. Damien Gilliams suggested having an engineer review the plans to make sure the pilings are set for a category 4 or 5 storm so they won't have to be replaced again. Ben Hocker, Sebastian, asked if there was schedule for replacement; is there a hurricane standard; and what is the projected dollar amount going back to the emergency fund. The City Engineer said the project must be done within 18 months of the hurricane; the docks are required to be 5 feet above the high mean water table; and FEMA will reimburse the City $925,000 and the state's reimbursement will be $125,000. James Cahn asked when the project will start. The City Manager said a "notice to proceed" meeting would happen next week and the contracted time is 120 days. Mr. Cahn asked for police patrol during the upcoming holiday weekend at the Yacht Club ramp so everyone remains safe. He noted the town has doubled in size but not the amount of boat ramps and asked to find a way to make another ramp. 14 of 1518 Regular City Council & CRA Meeting April 26, 2017 Page Eleven ROLL CALL: Motion carried 5-0. Ms. Kinchen - Aye Vice Mayor Coy — Aye Mr. Hill - Aye Mayor McPartlan — Aye Mr. Dodd — Aye It was the consensus of Council to include the demolition of Boudrot docks with this action. 17.084 C. Annual Review of "Southern" Seawalls (Transmittal, 1/14/15 Transmittal, 2/11/15 Transmittal & Minutes, 6/13/15 Transmittal, 8/26/15 Transmittal, 4/13/16 Transmittal & Minutes, Presentation) The City Manager gave a brief history of the City's effort to assess southern seawall annually. The City Engineer highlighted the assessment completed by Hoyle Tanner and Associates, Inc. in 2015, as well as the seawall's current condition through his PowerPoint provided the agenda packet. He said if a private property seawall fails, the emergency plan is to bury the failing wall and charge the property owner. Mr. Dodd suggested that Council should approve the "bury and sod approach" and direct the City Manager to have an engineering specification developed that can be used for permitting purposes that is preapproved by the SJRWMD and DEP so the process is ready for a catastrophic event. Mr. Hill suggested getting approval for the entire process. The City Engineer said when the City is doing an overall project the City can repair without a permit to maintain the water system. Mr. Dodd said he was concerned that Council has been informal, and when it does need to happen, the City could get caught in a liability issue. MOTION Mr. Dodd and SECOND by Mr. Hill that Council approve the "bury and sod approach" for repairing individual bulkhead walls with the failure determined by the City Manager; and, direct the City Manager to have engineering specifications developed and submitted to state and federal agencies for approval. The City Manager noted the City can act in emergencies without a permit. He suggested they should get approved specifications. Ms. Kinchen said she would like to see that the cost for private property repair is charged back to property owners. Paul Amos, Attorney with the Law Firm of Rossway, Swan, Tierney, Barry, Lacey & Oliver, representing Mr. Blakemore Smith and the properties at 243 & 237 Joy Haven Drive introduced himself and distributed aerial photographs. (See attached) He said the canal is being used as a retention system with two outfalls into the Sebastian River (page two). He pointed out that during a 50 or 100 year storm, water will sheet flow from the rooftops, driveways, porches, pool decks photographed on page two into the retention system and become a conveyance system providing for high velocity erosion scour. He said as an operator of the conveyance system, there is a responsibility for the system which is not prepared to convey the high velocity water. He said while the City might not pay for the repair, it would be called inverse condemnation. 15 of 196 Regular City Council & CRA Meeting April 26, 2017 Page Twelve Mr. Amos also said the bulkheads were placed in the 1950's prior to the development reaching the extent it has, the system is holding a load they were never designed for. He asked Council to consider canal armoring instead of burying; his client is concerned with the erosive effect as the heavy weight of drenched soil will travel and destabilize his backyard. Mr. Hill called for a point of order noting Mr. Amos should receive Council approval to continue past the speaking time limit. Mr. Amos wrapped up by saying he wanted to bring to Council's attention the operation of the system. Vice Mayor Coy said she is confident in the system and if her property eroded, it would be an act of God. Mr. Amos said inverse condemnation might see it differently. Damien Gilliams said the precedence been set, the north side of the highlands was done and asked how Council could do one side of CR512 and not the other; said the City could be liable; and suggested workshopping the seawall repair. ROLL CALL: Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd — Aye Mr. Hill - Aye Ms. Kinchen - Aye Motion carried 5-0. MOTION by Mayor McPartlan and SECOND by Vice Mayor Coy to have property owners pay for the emergency repair of seawalls on their private property. ROLL CALL: Motion carried 4-1. Vice Mayor Coy — Aye Mr. Hill —Aye Mayor McPartlan - Aye Mr. Dodd — Nay Ms. Kinchen — Aye Mayor McPartlan asked the City Attorney for his opinion that, if a property owner believes they have a problem, does not repair it and the wall falls in, then chooses to come after the City, would the City be liable. The City Attorney said from what Council heard in prior discussions, the building of improvements puts additional pressure on the wall, in addition to the general idea that the City would be making improvements to private property, there are private property owners making things worse so the City would not be liable. 13. PUBLIC INPUT - None 14. NEW BUSINESS 17.069 A. First Readina Ordinance No. 0-17-02 — Alcoholic Beverages in Riverview Park — Set Public Hearina for Mav 24, 2017 (Transmittal, 0-17-02) 16 of 196 Regular City Council & CRA Meeting April 26, 2017 Page Thirteen AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO PUBLIC PARK RULES AND REGULATIONS, LIMITING THE USE OF ALCOHOL TO CITY SPONSORED EVENTS AMENDING CODE SECTION 74-4 (a) 7; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-17-02. MOTION by Ms. Kinchen and SECOND by Mr. Hill to pass Ordinance No. 0-17-02 on first reading. ROLL CALL: Motion carried 5-0. Mr. Dodd — Aye Ms. Kinchen — Aye Vice Mayor Coy — Aye Mr. Hill - Aye Mayor McPartlan — Aye 17.085 B. Award Police Evidence Building Construction Contract to LH Tanner Construction in the Amount of $345,281.46 and Authorize the Citv Manaaer to Execute Appropriate Documents (Transmittal, Bid Tab, Plans, Paae 1 of Agreement, Certifications & Representations) (Full Contract Available in Citv Clerk's Office) The City Manager recommended approval. MOTION by Mr. Hill and SECOND by Mr. Dodd to move staff recommendation and authorize the additional funding of $79,007.46. ROLL CALL: Motion carried 5-0. Mr. Hill - Aye Mayor McPartlan — Aye Mr. Dodd — Aye Ms. Kinchen — Aye Vice Mayor Coy — Aye 17.086 C. Award Cemetery Columbarium Construction Contract to G & C Fab -Con, LLC in the Amount of $99,300 and Authorize the Citv Manager to Execute Appropriate Documents (Transmittal, Bid Invitation, Bid Tab, Pace 1 of Agreement, Certifications & Representations) (Full Contract Available in Citv Clerk's Office) The City Manager recommended approval. MOTION by Vice Mayor Coy and SECOND by Ms. Kinchen to approve the construction contract for the columbarium. ROLL CALL: Motion carried 5-0. Ms. Kinchen — Aye Vice Mayor Coy — Aye Mr. Hill - Aye 15. CITY ATTORNEY MATTERS Mayor McPartlan — Aye Mr. Dodd — Aye The City Attorney thanked each of them for taking his recent phone calls. 17 of 1M Regular City Council & CRA Meeting April 26, 2017 Page Fourteen 16. CITY MANAGER MATTERS The City Manager announced the Children of Adult Alcoholics made a donation to City for the monthly use of the old Council Chambers for their meetings. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Council Member Kinchen Ms. Kinchen thanked staff for stretching the asphalt on Easy Street all the way down to Fleming Street. B. Mavor McPartlan Mayor McPartlan said staff did a tremendous job assisting with Earth Day and CASTLE's Memory Field. C. Vice Mavor Cov Vice Mayor Coy remarked it has been one year since the City decided not to drive in Riverview Park and its working better and better. She suggested asking the Parks and Recreation Department to consider the planting of some backup trees in the park. D. Council Member Dodd - None E. Council Member Hill Mr. Hill thanked the MPO, state and Mayor of Vero Beach for going against staff recommendation to use the CR510 and CR512 preservation land for the North County Hub; the new location will be great. 19. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 9:18 p.m. Approved at the May 10, 2017 Regular City Council meeting. Mayor Bob McPartlan ATTEST: Jeanette Williams, MMC — City Clerk 18 of 196 OvLf SEBAsT_V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 10 May 2017 Agenda Item Title: FDOT Supplemental Joint Participation Agreement (SJPA) Recommendation: Approve R-17-14. Authorize City Manager to execute FDOT SJPA AR824 requesting changes to the scope of construction for Hangar `C' at the Sebastian Municipal Airport (SMA). Background: On 13 June 2016 Council approved Resolution R-16-15 authorizing acceptance of a SJPA to fund Hangar `C' construction. Hangar `C' is a 15,694 SF Multipurpose Hangar/Office building currently under construction at SMA. The prime contractor for the project is Ahren's Companies. The purpose of the subject SJPA is to include the purchase of kitchenette cabinets, sink, hot water heater, air compressor, painting of metal beams and the paving of an adjoining dirt parking area into the approved scope of work. These items were missing from the original scope of work as submitted by Ahrens. The adopted budget allowance for this project allows the purchase of these items without the need of additional funding. This Agenda Item Requires NO Additional Expenditure of Funds: Amount of Appropriation Required: -0- Administrative Services Department/CFO Review: Attachments: 1. R-16-15 2. FDOT SJPA Contract No. AR824 3. R-17-14 City Manager Authorization: , -IZ--. Date: 04 May 2017 19 of 150 RESOLUTION NO. R-16-15 A RESOLUTION OF THE CITY OF SEBASTAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE SUPPLEMENTAL FUNDING FOR THE CONSTRUCTION OF HANGAR "C" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Whereas, the Florida Department of Transportation has agreed to provide supplemental funding for the Design and Construction of Hangar "C" at the Sebastian Municipal Airport; and Whereas, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIN, as follows: Section I. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT for Project No. 425720-1-94-01 on behalf of the City, and is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member Coy The motion was seconded by Council Member Hill and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan a yA Vice Mayor Jerome Adams absent Council Member Andrea B. Coy ave Council Member Jim Hill aye Council Member Richard Gillmor a_b�Pnt- 20 of 150 The Mayor thereupon declared this Resolution duly passed and adopted this 13'h day of July, 2016. ATTEST: biskkm1a anette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: r 4. Robert A. Ginsburg, City Attorney 21 of 150 STATE OF FLORAA DEPARTMENT Oc TRANSPORTAt C'I PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 3 Financial Project No.: Fund- DPTO FLAIR Approp.. 088719 425720-1-94-01 Function: 215 FLAIR Col.: 751000 1,:en-sagrrwv-chaso•6egvorcop Federal No.: Org. Code: 55042010429 Contract No.- AR824 DUNS No.: 80-939-7102 Vendor No.: VF596000427008 CFDA Number: CSFA Number: 55.004 THIS AGREEMENT made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department. and Citv of Sebastian 202 Airport Drive East Sebastian. FL 32958 hereinafter referred to as Agency WITNESSETH. WHEREAS. the Department and the Agency heretofore on the 8 th day of November . 2013 entered into a Joint Participation Agreement; and WHEREAS. the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto: and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of S 1.365.600.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows. 1.00 Project Description: The project description is amended Construct Hangars 725.0]0-07 PUBLIC TRA,NSPORTAiio\ e:! I page i or 7 22 of 150 72S03U,' PUBL!C TF�WORTATtCN &t F Pdce 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is J increased 0 decreased by $ 0 00 bringing the revised total cost of the project to $ 1.707.000.00 Paragraph 4.00 of said Agreement is J increased 0 decreased by $ 0.00 bringing the Department's revised total cost of the project to $ 1.365.600.00 3.00 Amended Exhibits: Exhibit(s) 8 & D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 16.00 of said Agreement 12/30/2017 5.00 E -Verify: VendorslContractors: 1. shall utilize the U S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract: and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term 23 of 150 Financial Project No. 425720-1-94-01 Contract No. AR824 Agreement Date Except as hereby modified- amended or changed. all other terms of said Agreement dated 1102013 and any subsequent supplements shall remain In full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed- the day and year first above written. AGENCY City of Sebastian AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FOOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy L. Miller, P,E DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 72s -MO? PUB..4 TRANSPORTAMN &Ii Pape 3 of 3 24 of 150 Financial Project No. 425720-1-94-01 Contract No. AR824 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida Department of Transportation and Citv of Sebastian 202 Airport Drive East Sebastian FL 32958 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change) Supplemental to add scope to include kitchenette cabinets, sink and hot water heater; air compressor: interior painting of metal members and pavement of associated parking spaces. No additional funding. Comments: 25 of 'kid 1 of 2 As Approved As Amended Net Change 1. Project Cost $1,707,000.00 $1,707,000.00 $0,00 I I As Approved As Amended Net Fund DPTO DPTO DPTO Department. $1.365,600.00 $1,365,600.00 S0.00 Agency. $ 341,400.00 $ 341,400.00 $ 0.00 Federal: $ 0.00 $ 0,00 $ 0.00 Total Project Cost $1.707.000.00 $1.707.000.00 S 0.00 Comments: 25 of 'kid 1 of 2 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Ill MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17 20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s). FY Amount 2014 $ 700.000.00 2015 g 520.000.00 2017 $145.600.00 2018 $ 0.00 260f 1561 2 of 2 RESOLUTION NO. R-17-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO AMEND THE SCOPE OF THE CONSTRUCT HANGAR, (HANGAR `C') PROJECT AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Whereas, the Florida Department of Transportation (FDOT) has agreed to amend the scope of work associated with the Hangar `C' Construction Project at the Sebastian Municipal Airport; and Whereas, the City of Sebastian agrees to the scope, as amended: NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section1l. AUTHORIZATION. The City Manager is hereby authorized to execute FDOT PUBLIC TRANSPORTATION SUPPLEMENTAL JOIN PARTICIPATION AGREEMENT NO. AR824 in connection with Project No. 425720-1-94-01 on behalf of the City, and is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Jim Hill Council Member Linda Kinchen 27 of 150 R-17-14 The Mayor thereupon declared this resolution duly passed and adopted this day of May 2017. 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 28 of 150 LrY Lf SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 10 May 2017 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Lindsay Party at the Community Center. BACKGROUND: Charles and Andrea Lindsay are seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, 03 June 2017 from 4:OOPM to 10:OOPM. Staff has verified Applicant's date of birth. They are expecting 60 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: ATTACHMENTS: City Manager Authorization: Date: 02 May 2017 1. Facility Rental Permit Application 2. Receipt(s) 29 of 150 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION cffvlf SEB'AST �r HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 mhernandez@cityofsebastian.org Office Us 0 ly: $25D Security Pd: t O __.__M4— Da a Ini 'als Rental Fee 'JZ0']� Zp 7% Tax Total Rental Pd: 14 o f 7 V.J— Date Initials City Manager Approval: Dale Initials City Council Approval: Hate (if applicable) Police Hire Verification: (If applicable) Initials Date: 4 n 1 11 /Community Center ❑ Yacht Club C, ries +- I - �)-O"(t (_ Name of Permittee (permits may only be issued to an adult Na of Organization if applicable) (P Y Y ) g ( PP ) Cy /rC) U _4Pw1 Physical Address Mailing Address (if different) 47 --7 1 2-soJ, City State Phone E-Mail-�)n Z�-y Reason for Rental -- Type of Function rC )D Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) �-'1'�) ?7 -*"4' :DO 10 - 00 Requested Dat Time: From To Please answer the following yes or no: c 1) Are you a resident of Sebastian? J 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served?1—S If yes, please provide govt. issued ID proof of age (� 1-7ss Date of Birth I,� { � , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organLizati , that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to can the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in pa or ful , of the sec�tipasit, 30 of 150 CITY OF SEBASTIAN 1040 PARKS & RECREATION RECEIPT m ❑ Ca h Date � ro i 7 2ck # z�'f \-,Ac R -�- Q Credit Lf—/4 P rd Total Paid Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 31 of 150 Amount Paid 001001 208001 Sales Tax -b 18' Zo 001001 220000 Security Deposit Z`S' a" 00 001501 362100 Taxable Rent 23 0. 00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services rd Total Paid Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 31 of 150 ancf SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 10 May 2017 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Steward Baby Shower at the Community Center. BACKGROUND: Gail Steward is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, 10 June 2017 from 12:OOPM to 4:OOPM. Staff has verified Applicant's date of birth. They are expecting 50 people. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: J ATTACHMENTS: 1. Facility Rental Permit Application 2. Receipt(s) City Manager Authorization: r Date: 02 May 2017 32 of 150 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION On OF HOME OF PELICAN ISLkND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 mhernandez@cityofsebastian.org Office lJ on $250 Security Pd: St it D to Initials Rental Fee 2,007L if _ f. L) 4 7%n Tax � r Total Rental Pd: to Initials City Manager Approval: Date Initials City Council Approval: Date (If applicable) Police Hire Verification: (If applicable) Initials Date: it Community Center ❑ Yacht Club Name of Permittee (peninits may only be issued to an adult) Name of Organization (if applicable) -� (-1 '�'c 0 I rk L 1' Physical Address Mailing Address (if different) .�p<-,-V ) rA V-) i_ t-� .� - q 111) V re 0 n✓l i) 0;v e r� yy� City State 'Phone `E -Mal! rA \ru " r )\ r1 -e- C Reason for tal —Type of Function Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) k1 01 tl�dquested ate Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Wilt there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Time: From �l� `moi Date of Bi h To , eri ed by I, T. '�' \� the undersigned, acknowledge that I am the applicant or authorized agent of theove referenced organrzation, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, iNpart r full, of the security deposit. 7 33 of 150 CITY OF SEBASTIAN 1038 PARKS & RECREATION RECEIPT NameR6tC'K6 1 RW 11 4, /Cash V 3G -P * 10- Date �&er* 3 1, �,a 17 Ig/Check # � . 00 'L 0 Credit �a — q 141, Amount Paid 001001 208001 Sales Tax w I y. b 0 001001 220000 Security Deposit zsb• oo 001501 362100 Taxable Rent SAD. bb 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services 944— Total Paid *M,00 L Initials White - Dept. of Origin • Yellow - Admin. Svcs. - Pink - Applicant 34 of 150 CM Ll SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: May 10, 2017 AGENDA ITEM TITLE: Citizen Budget Review Advisory Board RECOMMENDATION: Interview, unless waived, and nominate one alternate member for a three year term BACKGROUND: In response to the advertisement, I have been notified that Andrea Ring would like to resign from the Natural Resources Board and serve on the Citizen Budget Review Advisory Board ATTACHMENTS: City Clerk Authorization: Date: 5 - 7 - 17 Application, Ad, List Z?1Jj@c.a" 35 of 150 OR QF 510 HOME OF PEI.ICAN ISLAND 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: Ali Pte- IK Address: 407 Q c�,_a Fl- 1 City:Se r, 'a i State: —� Zip: Telephone: { -� ? c) - C7�.�7� E -Mail Address: Employer: � C-�4- )-e 6P City: . State: Zip: Business Telephone: ( I am interested in serving on the following boards)/committee(s): (j, i tet),S O c4 yt-� Re L)i 15` Choice: c] rE v i S c)F,/ ��;r , 2°d Choice: - J CHARTER REVIEW COMMITTEE (serves only six months, every five years -next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financiol disclosure is required following appointment *`Must be resident one year prior to application. 36 of 150 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) 5Ce crlftc, 4 Why do you want to serve on this board? wvL[ J t � ke, m0.(' A'A'e e,,K e do r^K 4.s Com nn; S r -rnP_ it �GiP, r,r>f r . i_ 1�1��,�� mq Pe r-e),\c Ps cul` fl add T rS Ca nO r2l f �`�e.s C�` � V e rQ;.�- Do you presently serve on another City Board or Committee? �� O If yes, please list: Have you previously served on any other City Board or Committee? Ye. C, rr JJ If yes, please list: �) 1 tl.-r`Od FP50U(`C1f,5 B OCX — CINUi� D--50,6t./Jr-,, Pdv isvrel Cmm i4fe--, J 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. htti)://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 III) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httl)://www.fisenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant:a^V11 (— (/3" Date: /, l Date Received by City Clerk's Office. ` — / by:: �—Jw t1 37 of 150 Andrea Ring Attachment BS in mathematics from State University College of New York at Oneonta Member of National Honor Society Chair of Lakeside UMC finance committee — automated and ran all aspects of church finances including payroll for the church. Also responsible for the annual budget. Henrico County, VA maintained the payroll system - did the analysis, coding and interface to incorporate direct deposit into payroll system; also did the interface between HR and finance to update payroll at budget time 38 of 150 MOF 5'OEBASMAN HOME OF PELICAN ISLAND February 24, 2017 CONTACT: JEANETTE WILLIAMS 388-8215 Press Release Citizens Budget Review Advisory Board The City of Sebastian is seeking applicants to fill one alternate member position on the Citizens Budget Review Advisory Board. This volunteer position will expire 2/2020. This Board will meet as necessary in the Council Chambers, 1225 Main Street, Sebastian to assist in the City's budget review process and make recommendations to the City Council prior to the first budget hearing for each fiscal year. Applicants must be City residents. Applications 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 on-line at www.citvofsebastian.orq and will be accepted until #ifch 10, 201' filled. 39 of 150 CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 9 members, 5 of who are individual Council appointees; 2 of who are appointed by Council at -large; 2 who are appointed as alternates. The 5 members appointed by Council serve the same term two-year term as the Council member who appointed them; the 2 at -large members serve one year until the next election; the two alternates serve three years terms. MEMBER NAME AND ADDRESS APPOINTED BY TERM Ed Herlihy Council Member Coy 1112016— 1112017 474 Sea Grass Avenue term to expire at the end of Coy's Sebastian, FL 32958 term in 2017 edherlihv cDbellsouth. net (772) 388-0665 Tim Slaven Council Member 1112015-1112017 Sebastian, FL 32958 McPartlan term to expire at the end of tdslaven(a7Qmail.comcast McPartlan's term in 2017 Larry Napier Council Member 1112016-1112018 163 Harris Drive Dodd term to expire at the end of Dodd's Sebastian, FL 32958 term in 2018 larrvnaoier ,outlook.com (772) 388-2070 Michael Frank Council Member Hill 1112016-1112018 962 Tarpon Avenue term to expire at the end of Hill's Sebastian, FL 32958 term in 2018 micheaIfrank(EDcomcast.net (772) 913-5702 Sergio Mota Council Member 1112016-1112017 365 Joy Haven Drive Kinchen term to expire at the end of Council Sebastian, FL 32958 Member's term in 2017 Seraiomota1(a)outlook.com (772)571-7004 Bruce Hoffman At -large Member Term to expire November 2017 203 Chello Avenue Sebastian, FL 32958 B2bmhoffman(a?hotmail.com (772) 913-3187 Harry Hall At -large Member Term to expire November 2017 214 Joy Haven Drive Sebastian, FL 32958 harrvndee(cDhotmail.com (772) 581-1893 Victoria Flaherty Alternate Member Term to expire 212020 1331 Shoreline Circle Sebastian, FL 32958 (casts vote if first council Aahertva.arnail.com appointee or at -large (207) 468-9171 member is absent) vacant Alternate Member Term to expire (casts vote if second 40 of 150 council appointee or at - large member is absent) Cpa $E HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: May 10, 2017 AGENDA ITEM TITLE: Construction Board RECOMMENDATION: Interview, unless waived, and nominate one unexpired, regular member, contractor position — Term to expire 9/1/2018 BACKGROUND: In response to the advertisement, I have been notified that Jock Crockett would like to serve in the contractor position on the Construction Board ATTACHMENTS: City Clerk Authorization Date: 5 -2- - f 7 Application, Ad, List Gv,�QQ�I.C�m-a I 41 of 150 crry X SE HOME OF PELICAN ISLAND 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: 6,10,41W Address: / �~ JQ!I. City: _1 State: 77-2— Z i p: 7-2— zip: ,-7y 9 5� Telephone: ( "772 ) , IZ / - e:V.495 E -Mail Address %1.sc/ ZZ Employer: 1:�="77Q'tEr 'o City: st(�C�- State: X///J-- Zip: x_114 --- Business Telephone: ( iCl#- i 1 am interested in serving on the following boards)/committee(s): 1" Choice: C i,ct/ .�_� 2"d Choice: L� If - CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD • CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) • PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment *'"Must Be resident one year prior to application. 42 of 150 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) �- &>,,-.a4.--- 7—,/a " e� Why do you want to serve on this board? r Do you presently serve on another City Board or Committee? �t U If yes, please list: .CJ /11- Have you previously served on any other City Board or Committee? I_ If yes, please list: � Q -Sc Sic /-1Tr,4Lc ,/EQ 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. httt)://www.ethics.state.f1.us/eth ics/forms.htm I 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, Port II/) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htti)://www.flsenate.eov/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 AppIicant 7 D e 5�/ Date Received by City Clerk's Office 6-- 3 -1.7 by: 006" t la? 5 ( 43 of 150 J. R. (Jock) Crockett 103 Thunderbird Drive Sebastian, Florida 32958 772-581-0495 44 of 150 LICENSING AND PROFESSIONAL AFFILIATIONS State Licensed General Contractor since 1973 #CGC006535 (inactive) State Licensed Commercial Swimming Pool contractor since 1976 #CPCO10280 (Inactive) State of Florida Structural Building Inspector #BN6146 (Current) Florida Construction Licensing Board Department of Professional Regulation — Former Chairman Member (17 years) Broward County Central Examining Board for General and Specialty Contractors — Chairman, 1996 Member (11 Years) Broward County Board of Rules and Appeals Chairman, 1996 Broward County Building and Permitting Oversight Committee Chairman Planning & Zoning Board — City of Wilton Manors, Broward County, FL. Expert Witness for State of Florida, Dept. of Professional Regulation Consultant to Florida Department of Insurance, Division of Rehabilitation and Liquidation and Florida Insurances Guaranty Association Association Builders & Contractors, Inc. — Past President, Gold Coast Chapter; Past Member National Board of Directors 45 of 150 MEMBER NAME AND ADDRESS VACANT Jean Carbano - Chair 433 Betty Avenue Sebastian, FL 32958 Jeanne419WDaol.com 581-1397 CONSTRUCTION BOARD Term to 3 -YEAR TERMS expire MEETS 2ND TUESDAY EACH MONTH - 6:00 P.M. POSITION APPOINTME CURRENT NT HISTORY STATUS Electrical Bulla's Term to Contractor position expire Position 9130/2019 James Fortier — Vice Chair 1301 Dewitt Lane Sebastian, FL 32958 Jim Fortier(d)att.net 473-2043 Andrew Manero 1113 Blossom Drive Sebastian, FL 32958 atmaneroCaDomail.com (561) 901-3513 VACANT VACANT Regular Concerned Citizen Position Plumber Position Engineer or Architect Position Regular Contractor Position HARV Contractor Reappointed 9110114 Reappointed 10/12/11 Reappointed 9/24/08 Reappointed 9114105 Took Stuart Houston's position Reappointed 9/9/2015 Reappointed 9/26/2012 Took Reyes position 3123111 Took Redden's position 11/18/15 Term to expire 9/30/2017 Term to expire 9/30/2018 Term to expire 9/30/2018 Berry's Term to position expire 012018 Dalessandro's Term to position expire 9/30/2019 TIME COMPLETED 10/12/11- 9/30114 9/24108- 10/12/11 9/14/2005- 9/30/2008 5/26/2004- 9/14/2005 /26/2004- 911412005 ALT 9/30/12- 9/30/2015 3/23/2011- 9/30/2012 10/13/2010- 3/23/2011 ALT 2/10/10- 10/13/10 ALT 46 of 150 Shawn Hosey Regular Reapptd Term to 133 Cardinal Drive Member 9!912015 expire Sebastian, FL 32958 Contractor 9/30/2018 flacru2(5comcast. net 538-4888 Reapptd 10/10/2012 Apptd 9/27/2006 Apptd 7/12/2006 Took Heck's position Latisha Hays Alternate Reapptd Term to 101 Turtle Run Drive #205 Concerned expire Sebastian, FL 32958 Citizen 10/12/2016 9/30/2019 latishahays(a)amail.com Position Took Berry's 323-7979 position on 1/28/2015 VACANT Alternate Roux's position Term to Contractor expire Position 9/30/2019 Per Code 26-198 — Building Official, Wayne Eseltine, shall initiate proceedings, make recommendations, report on each matter. 10/10/12- 9/30/2015 0110112- 9/30/2015 9/30/2009- 10/10/2012 9/27/2006- 9/30/2009 7/12/2006- 9/27/2006 /12/2006- 912712006 ALT 47 of 150 MOF SESASTIU% HOME OF PELICAN ISLAND January 21, 2017 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 912019 One Regular Member, HARV Contractor Position — Term expiring 912019 One Regular Member, Contractor Position — Terms expiring 912018 One Alternate Member, Contractor Position— Term expiring 912019 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.orq Applications will be accepted until filled. 48 of 150 CHYL( SEAT" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: May 10, 2017 AGENDA ITEM TITLE: Planning and Zoning Commission - Fill one expired, regular member position RECOMMENDATION: Interview, unless waived, submit nominations for one regular member position with a term to expire May 1, 2020 BACKGROUND: In response to the advertisement, 1 have been notified that Tahir (Bash) Qizilbash whose term is expired, would like to serve again Additionally, current Alternate Member Robert Hughan and applicant Dick Krull are interested. ATTACHMENTS: Applications, Ad, List Clerk Authorization: C�-�,t.,Lti..G�-t' W Date: 5-2 - 17 U 49 of 150 M ff HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All Citi Board and Committee Members Must be Residents of tl)e CitV of Sebastian NAME: —TA H I R (0,45JI). (2/ Z 1z -8A5 T7 HOME ADDRESS: 1,03 941?_6AR4 <n1gT SEBA 5 T/AW , Fz-- -3 2- 9-5- HOME 5 HOME PHONE: HOME FAX: E-MAIL: 772-SY1-07]J—-- �Ask•P s �g�f'I.c BUSINESS: C,!t4CO L'dn/S%RCICr/d M Cd11�1,0N1'1 BUSINESS ADDRESS:lea BARB 414 COORTI Sz -571/��i%�L��`Sf�i BUSINESS PHONE: � j'-dg]9 BUSINESS FAX: ,399 -019 -MAIL: 16,0-CYC64"y6O(f I , CPy ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? YAfs sINC)l l V 7 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? A14 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? lyd PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary- meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board— meets quarterly) 1C PLANNING AND ZONING COMMISSION (permanent board-- meets twice a month)" " POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' o PARKS & RECREATION ADVISORY COMMITTEE (permanent board— meets once a month) .� NATURAL RESOURCES BOARD (permanent board— meets once a month), - OTHER TEMPORARY COMMITTEE (if applicable)_Working Waterfront res (WRITE IN COMMITTEE NAME) tV G Filing of financial disclosure is required following appointment O 71 U r - Q rl y. N 50 of 150 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) f` AVICR /N '^101- 40v- CamrAtcr/R C�jCD�OS'i4 faj1,I,N7- Df CA/Ved snNCf /1&'7/ W94P c4RP5�oN1.c�LTi�ti fief"IC/918-/1'�'►� WZrA /Ly 4F 1''i �J,PL1ANf � IQ 77 --/ 97r) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? M y �Avr�r%!aN xp � nc. i1Y rYA��►/STQ[/cr/o.v /, �vsr¢y l4tOP ")e K1Vfk1ACDCjA of GCeA4. X �41J45 LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: T/il- Rid/..AVV T oPe efAgA�rT/+M WI Zl- %d re 7'A'6 �AH9 fic Co y^1"VIr y HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? /yd HAVE YOU.EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /Y e WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? X S I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. 1 understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or comrivaibi�f requA-- Appli e r Subscribed and worn to before me this 2 -day of AR 1L, 2-611. by ,rlL/Z/!-elf who is personally known to me, or has produced dot as identification. Not Public, State of Florid4 ' Please return to Office of the City Clerk, 1225 Main Street, Sebastian, Fl- 32958 - X772) 589-5330 Iwp-form%applicat.wpds 4. E�ESPWITO rev. 712007 .: ,� MY COMMISSION M DO 958837 EXPIRES• May 18, 2014 ' p;:v'tded Nu Notary Pubflc linderwrten 51 of 150 rnYcx- HOME OF PELICAN ISLAND 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. Robert Hughan Name: 1211 Laftpup Sebastian, Fla. 32958 Address: City: State: Zip: Telephone: 7c? 4 7 E -Mail Address: V, I'l q ),/ V l;;5 Ic L/ _ �U c, //;,1 Employer: ILL 1? S�Ec= �C�rJr City: State: Zip: Business Telephone: (30 y5 Q y Z - ( C) 7 0 I am interested in serving on the following boards)/committee(s): 1St Choice: 1UL H I,11J / /'//, 9 7UiV / n/ 6 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* ** (pernuuwz# >� 1- ��=�r�/� ►= POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 52 of 150 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) ISL -,L t -t,, L C�- i2 L=1- 6 CJ 01 Why do you want to serve on this board? - Md✓L-a0 )vE / /0 ,-n 17Y Za/4 �L WO 1J L TO � ry d �4L !<57 r / 1 c r Z�� r��►� Do you presently serve on another City Board or Committee? If yes, please list: Have you previously served on any other City Board or Committee? /� U If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.eth ics.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 III) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fisenate.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 fr m this application may be cause for my application not to be considered. Signature of Applicant: �/ . Date: 3d I Date Received by City Clerk's Office 11130 /15 by: 4t&j 0 53 of 150 Employment Robert H. Hughan Jr. 1244 Larkspur Street, Sebastian, Florida 32958 Professional Land Surveyor, Florida License 9 3570 Retired from the Florida Department of Transportation October 31, 2011 CH Perez and Associates (Part time one day a week plus or minus) Surveying & Mapping Marketing Manager/Quality Assurance/Quality Control November 1, 2011 to Present Responsible for developing and executing strategies for marketing survey services to clients throughout Florida. Responsible for Quality Control and Quality Assurance of all surveying efforts. Prepare scope of services for survey services. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT IV (FT LAUDERDALE) District Surveyor, Febuary2002 to October 31 ', 2011 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insure that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, Rule 14-17, Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, selection, management and review consultant services in Right - of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Set and maintain production goals for surveying services. Direct the management of all operating budgets for consultant services in the Right -of - Way Control Surveying & Mapping and Design Surveying. Supervise and manage 16 employees. Responsible for developing in-house budget and Strategic Plan in support of the Districts Work Program for surveying projects. Provide advice to consultant surveyors regarding policies, specifications, and special requirements for Design and Right -of -Way acquisition surveys. Provide expert testimony regarding survey matters within the District. Other duties include meeting with other agencies as well as other FDOT Departments in the coordination of the land surveying activities in the District. Possess knowledge of FDOT's field data collection, office processing software, GIS and EDMS systems. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT VI (Miami) District Location Surveyor, June 1994 to Febuary2002 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insured that all surveys performed are in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, sele611oof 150 management and review of consultant services in the area of CEI Surveying, Right - of -Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Possess knowledge of FDOT's field data collection, office processing software. Directed and managed all operating budgets for consultant services in the areas of CEI Surveying, Right -of - Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveying. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes and advised consultant surveyors regarding policies, specifications, and special requirements for Design and Right - of -Way acquisition surveys. Assisted the District Land Surveyor in the preparation of budget issues, expert testimony and all other survey matters and met with outside agencies, counties, and other FDOT Departments in the coordination of the land surveying activities in support of the District Design efforts. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI Assistant District Location Surveyor, August 1984 to June 1994 Assisted the District Location Surveyor in the planning and coordination of all survey work in the District and supervised and managed in-house and consultant survey crews. Design Production goals. Assured that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes in the District Design efforts.. Advised consultant surveyors as to policies, specifications, and special requirements for Design and Right -of -Way acquisition survey and assisted the District Location Surveyor in the preparation in the coordinating land surveying activities in the District. MISCELLANEOUS SURVEY AND ENGINEERING FIRMS Party Chief 1968 to August 1984 Responsible for boundary, subdivision, construction layout, quantity and miscellaneous surveys. MIAMI DADE JUNIOR COLLEGE September 1966 to 1968 UNITED STATES COAST GUARD September 1962 to September 1966 55 of 150 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 ROBERT HOWARD HUGHAN JR 1244 LARKSPUR ST SEBASTIAN, FL 32958-8845 January 5, 2015 SUBJECT: Professional Surveyor and Mapper License # LS3570 Your application / renewal as a professional surveyor and mapper as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2017 You are required to keep your information with the Board current. Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Division of Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. Detach Here -Detacn Here ----------------------------------------- Florida Department of Agriculture and Consumer Services Board of Professional Surveyors and Mappers LS3570 Professional Surveyor and Mapper ROBERT HOWARD HUGHAN JR IS LICENSED under the provisions of Ch. 472 FS Expiration date: February 28, 2017 f ----------------------------------------' 4sx� Florida Department of Agriculture and Consumer Services Division of Consumer Services License No.: LS3570 �° Board of Professional Surveyors and Mappers Expiration Date February 28, 2017 2045 Apalachee Pkway Tallahassee, Florida 37399-6500 X" .. Professional Surveyor and Mapper License Under the provisions of Chapter 472, Florida Statutes ROBERT HOWARD HUGHAN JR 1244 LARKSPUR ST SEBASTIAN, FL 32958-8846 C��•. -� of 150 ADAM H PIITWAM 0fYIf S HOME OF PELICAN ISLAND 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: Richard D. Krull (Dick) Address: 360 Sebastian Crossings Blvd. City: Sebastian State: FL Zip: 32958 Telephone: (772) -388-2212 E -Mail Address: DICKKRULL@BELLSOUTH.NET Employer. Retired City: State: Zip: Cell Telephone: (772) 480-6809 1 am interested in serving on the following boards)/committee(s): PLANNING & ZONING COMMISSION 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 ADV150RY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment *Must be resident one year prior to application. 57 of 150 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Please see attached. Note: I have always been active in the communities in which I have lived as 1 have in Sebastian since moving here 2 years ago. My employment history includes more than 24 years in the employment of residential or commercial builder/developers and golf course owner/operators.. Why do you want to serve on this board? In general, I am willing and interested in doing anything that will contribute to the betterment of the community and area I live in. After having been before the Commission at recent hearings, I realized that not only was I qualified to serve on P & Z but that I would find it interesting, challenging and that I could make a positive contribution. Do you presently serve on another City Board or Committee? If yes, please list: 1. eaeQ.-re- L .%,•j AlteoAa%ei 2. MPO/CAC Alternate Have you previously served on any other City Board or Committee? If yes, please list: 2016 Charter Review Committee 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 fling of the Statement of Financial Interests. http://wwv..ethic,s.state.f.us/ethics/forms.htmi 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 III) and Florida sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: 11.7.16 Date Received by City Clerk's Office C by: V" . 58 of 150 Richard D. Krull 360 Sebastian Crossings Blvd. Sebastian, FL 32958 772.388.2212 PERSONAL BACKGROUND SUMMARY: • B.S. in Marketing; Masters in Business Administration. Retired after more than 40 years employment in advertising, marketing and management. • Vice President of Marketing for one of the Southeast's largest upscale homebuilders and neighborhood developers. • Vice President of Marketing for a multifaceted golf, travel and lifestyle web -based, direct sales company. • Vice President of Marketing for the world's largest golf school company: also for its golf course properties, travel company and golf products manufacturing operations. • Director of Marketing for a high-end golf resort, real estate and country club development. Managed membership and accommodations marketing from start-up to maturity. Played key role in real estate marketing efforts. • Vice President of a residential, commercial and industrial property development/management company. • Founder, Owner, President of a full service ad agency. Grew agency to well over $1,500,000 in annual billings with a variety of retail, residential and commercial development, financial, golf, accommodations and manufacturing clients. • University level Marketing Instructor & Adjunct Professor. • Recipient of numerous professional and industry awards for outstanding achievement and service. SIGNIFICANT VOLUNTEER SERVICE EXPERIENCE: • Tournament Director for 7 LPGA & PGA events. Began as LPGA event volunteer which developed into an annual part-time stipend position. Managed events and up to 1,000 volunteers. • Board Chairman, 750+ member Saies & Marketing Council, Charlotte Homebuilders Assoc_ • Served on a Condo Association Board of Directors in Denver. Served on board and as chairman of a college scholarship foundation. • Board Chairman of the Tour Pickens County (SC) tourism board. • Board Chairman of the Pickens Revitalization Association — a Main Street program for the city of Pickens, SC. • Sebastian 2016 Charter Review Committee, currently National Resources Board alternate • Currently Indian River County MPO/CAC alternate • Active committee and board member—Sebastian Crossings Homeowners Assoc. • Served on numerous other volunteer, community, church, service and industry committees. 59 of 150 CITY Lf 5EBAST'" HOME OF PELICAN ISLAND April 7, 2017 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill an expired position on the Planning and Zoning Commission. Term to expire 51112020. This is a volunteer position. Applicants must have been a City resident one year prior to application. This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted through April 21, 2017. 60 of 150 PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P -M. MEMBER NAME AND ADDRESS John McManus 1295 Sebastian Lakes Drive Sebastian, FL 32958 Bmcmanus2OObellsouth.net 589-0013 Rick Carter 237 Main Street Sebastian, FL 32958 focussys(o)comcast. net 918-4600 Tahir (Bash) Qizilbash 103 Barbara Court Sebastian, FL 32958 'lash.oes0amail.com 581-0775 Louise Kautenburg - Chair 973 Oswego Avenue Sebastian, FL 32958 Louisekl ra7iuno.com 696-3716 David Reyes —Vice Chair 458 Oak Street Sebastian, FL 32958 Jdr53470@tt.net 453-6157 Joel Roth 1984 E. Lakeview Drive Sebastian, FL 32958 ioelroth 8msn.com 589-6894 Al Alvarez 492 Quarry Lane Sebastian, FL 32958 alalvarez( aol.com 532-8767 Robert Hughan - Alternate 1244 Larkspur Street Sebastian, FL 32958 rhuahan a(7bellsouth.net (305) 498-2947 Bill Simmons - Alternate 509 Drawdy Way Sebastian, FL 32958 Bs immons4l (d)comcast. net (270)314-3554 APPOINTMENT HISTORY [MOST RECENT HISTORY FIRST] Took Paul's expired regular member position 11/19/14 Took Dyer's expired alternate member position 10/09113 Reappointed 3122117 Took Cardinale's expired regular member position 4127111 Took Durr's unexpired ait member position 219111 Reappointed 3126114 Took Paul's expired regular member position 4127111 Reappointed 3126114 Reappointed 2122/17 Took Durr's unexpired regular member position 10/14/15 Reappointed 118114 Took Hennessey's unexpired alternate member position 3114112 Reappointed 6124115 Reappointed 6113112 Took Simmons unexpired regular member position 3/1111 Took Neuberger's unexpired alternate member position 7114110 Reappointed 4127116 Reappointed 4124/13 Reappointed 5112110 Took Buchanan's unexpired regular member position 1127110 Took Dodd's expired regular member position 12/14/16 Took McManus' unexpired alternate member position 11/19/14 Reappointed 2122117 Took Kautenburg's unexpired alternate member position 12/16/15 Took Alvarez's expired alternate member position 12/14/16 CURRENT STATUS Term to expire 11/1/2017 Term to expire 4/1/2020 Term to expire 5/1/2017 Term to expire 2/1/2020 Term to expire 6/1/2018 Term to expire 5/1/2019 Term to expire 1111/2019 Term to expire 1/1/2020 Term to expire 11/1/2019 61 of 150 REVISED 3.24.1 T Cm OF 5IET!AN .. HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 10 May 2017 AGENDA ITEM TITLE: Certified Playground Safety Inspections (CPSI). RECOMMENDATION: Approve CPSI Inspections. BACKGROUND: At the 22 March 17 Council meeting, a Continuing Services Agreement to provide Parks & Recreation (P&R) Planning Services by the Treasure Coast Reizional Planninl? Council (TCRPC) was approved by Council (4-0). The Agreement with TCRPC includes an update to the Comprehensive Plan, an interactive GIS Parks Map, and a Five -Year Capital Improvement Plan for parks. The City has agreed to provide Park Inspection reports, in order for TCRPC to compare the existing park assets and thereby produce the Five -Year Capital Improvement PIan. Staff conducted a bid in order to find a cost effective qualified inspection provider. At the 24 April 17 P&R meeting, the Committee recommended moving forward with inspections provided by Playground Guardian. Although not the lowest cost bid, Staff and the P&R Committee both agree that Playground Guardian offers the best value. Included in the Playground Guardian quote are: 1. a Low -Frequency Inspection; 2. an ADA Compliance Playground Audit; 3. performance of ASTM F1292 Surface Test per site; 4. Park Protector Inspection Software; and, 5. report of findings. Staff is recommending engaging Playground Guardian in an Agreement for the CPSI Inspections of the City's playgrounds as described above, and more fully described in Attachment 3. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: $13,300 Amount Budgeted in Current FY: -0- Appropriation required: $13,300 Fund to be utilized for Appropriation: Parks & Recreation Fund Administrative Services Department/CFO Review: ATTACHMENTS: 1. TCRPC Continuing Services Agreement 2. Project Quote Worksheet 3. Playground Guardian Quote & Agreement City Manager Authorization: Date: 03 May 2.017 62 of 150 TRE.ASU.RE1,C4,A�ST RIEGIONAL .PLANK?ING CQU,Nq.�L• . INDIAN R:IV-ER — SST;.;�LUCi E NfARTIN — PALM' BEACH March 15, 2017 Joe Griffin, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32955 Subject: Continuing Services Agreement Dear Mfr. Griffin: Thant: you for considering the Treasure Coast Regional Planning Council to provide the City of Sebastian with technical support related to the City's Comprehensive Pian, as well as capital and land development planning assistance. Council is submitting this proposed agreement setting forth a general scope of services, together with a proposed fee structure to perform such services. Scope and Schedule The services described herein shall be for the provision of technical support related to the City's Comprehensive Plan, as well as capital and land development planning assistance. The services described herein shall begin upon execution of this contract and shall continue, on an on-going basis, for the duration of mutual agreement between the City of Sebastian, hereafter referred to a City, and Council. Work Products and Deliverables Council will provide specified technical support and services as requested from time to time through written Task Orders from the City Manager or his designee on behalf of the City. All work will be described in detail and shall be accompanied by appropriate back-up materials to outline the work requested. An estimate of the number of hours required for the completion of the assigned task and a duc date for related project deliverables small also be provided to Council with the Task Order. Council shall review the Task Order and will indicate acceptance of the work requested therein with a signature form Council's Executive Director. The Task Order will be returned to the City upon execution to indicate Council's acceptance of' the work and titneframe described therein. Any modifications by Council to the original Task Order provided by the City shall require signature by the City authorizing acceptance and execution of a modified Task Order. "Bringing Communities Together", Est -1976 63 of 150 421 sIC' C:antdcu Avenue - Stuart, Flurida 34994 Phone (772) 221-4060 - Fax (772) 22t-4067 - e"N•g•.terps-grg Joe Griffin March 15, 2017 Page Two Council shall be paid for professional services at a rate not to exceed $200 per hour. This Includes travel, Out-of-pocket expenses (printing and reproduction costs), mail, couriers, and other costs incidental to the provision of services as described herein. No "Task Order in excess of -$25,000 shall be assigned WithOUt the express approval of the City Manager. Such approval shall be exclusively through a written agreement. Tei-mination Policy The agreement may be terminated with thirtX61', Len notice by either party. Read and approved on the l"2Z 1'-d day of . 2017, by Michael J. Busha As its Executive Director Treasure Coast Regional Planning Council Joe Griffin City Manager City of Sebastian 64 of 150 DRAFT City of Sebastian (in accordance w;th Continuing Service Agreernent with Treasure Cowl Regional Planning Council doted March 15, 20 t 7) ATTACHMENT l SCOPE OF SERVICES As part of Project Task Order #1, Parks and Recreation Element Update, TCRPC will provide the following services as described below. SUB -TASK DETAIL TIMEFRAME TCRPC staff will review the existing Parks and Recreation Element of the Comprehensive Plan; consolidate City asset inventory data and field verify for all parks; individually interview City Council members; jointly interview Parks Board members; create a table of existing amenities and level of service; project City papulation growth; begin Sub -Task 1: work on creating an interactive GIS map cataloguing all City parks, Parks and amenities, locations, and hours of operation; study impact of growth within and adjacent to Sebastian; and create strike -out and underline Month 1-2 Recreation Element for review and comment by City staff. In addition, TCRPC staff Element Update will provide a status summary on EAR requirements applicable to the City's Comprehensive Plan. DELIVERABLE: Draft revised Parks and Recreation Element Interactive GIS Parks Map Status Summary of EAR Requirements TCRPC staff will review the park inspection reports provided by the City in comparison to the existing park assets and incorporate any Sub -Task 2: deficiencies in amenities provided as identified in Sub -Task 1 above Capital and create a schedule of necessary capital repair, replacement and Month 2-3 Improvement enhancements for the next 5 years utilizing cast estimates to be Plan provided by the City, DELIVERABLE: Draft Five -Year Capital Improvement Plan for Parks TCRPC staff will make revisions as necessary to the draft revised Parks and Recreation Element as required by City staff and create a document suitable for adoption. The GIS parks map will be completed, Sub -Task 3: including the ability to display current park amenities, location, and Adoption Ready hours of operation in suitable format for posting to the City's website, Element, CIP, The Parks and Recreation Element will be presented to the Parks Board Month 4 Map and and the City Council. Presentations DELIVERABLES: Final Revised Parks and Recreation Element Five -Year Capital Improvement Plan for Parks Interactive GIS Parks Map 65 of 150 DRAFT City of Sebostian (in occcrdance with Coniinuing Service Agreement with Treosure Cocs) RoVional Plamny Council doled Marc: 15, 20 17) DATE OF REQUEST: Wednesday, March 15, 2017 PROJECT NAME: Parks and Recreation Element Update PROJECT DESCRIPTION: A review and update of the Parks and Recreation Element of the Comprehensive Plan, including information gathering with City staff, Parks Board and City Council; creation of an interactive GIS inventory mcip of City parks; and consideration of current level of service, potential deficiencies, and the impacts of growth within and adjacent to Sebastian. A 5 -year capital improvement plan will also be created and the results of the entire project presented to the Parks Board and the City Council, See Attachment 1 for more detail. PROJECT Dr.LIVERAti!_=_s: Proposed revised Parks and Recreation Element of the Comprehensive Plan in "adoption -ready" strike -out and underline format. Interactive GIS park network map suitable for posting to City website, Capital Improvement Plan for Parks covering a 5 -year time period. Status summary of state- mandaled Evaluation and Appraisal Review (EAR) requirements applicable to the City's Comprehensive Plan. BASE DATA TO BE PROVIDED BY CITY: Current Comprehensive Plan, asset listing and inventory of city parks, current equipment replacement schedules, park inspection reports, cost estimates, current adopted City Budget. ESTIMATED PROJECT SCHEDULE: Project should be completed within 16 weeks from execution of this Task Order and transmittal of base clato to TCRPC. Time estimate is dependent on timely reviews by City staff and public official availability for Interviews and meetings. TCRPC TIME/COST ESTIMATE: Projected Hours: 146 Project Fee: $19,600 (Not to Exceed) Proiect Completion: 16 weeks from execution Iproiecl updales provided bi-weekly through project completlon) AUTHORIZATION: City of Sebastian: /�J Joe Griffin, City Manager DATE: LL lhd t41i 7 i X TCRPC: Michael Busho,,Executive Director DATE: �_ , 1 I7 66 of 150 Phone Number Date&Time: Delivery Date: Item Description & Comments 888.878.0244 727.522.0061 3118117 Approx. 30 Days from date of Agreement. ri Comments $16,500 ASTM 017148741 & F1292 (drop tests ror 111C and Gmax values only) playground safety Standards and the CPSC playground safety Guidelines 0325 (2010 version) only. ASTM HF2049-I1(playground fencing Standard). Federal ADAAG (ADA) (playground wheelchair accessibility rules, limited to equipment inside the Use Zones only). *Independent Consultant * 14 Sites *Free labels for each PG that City needs to comply with. *General Liability as well as Errors & Omissions Coverage. VENDOR #3 Playtime Marie Flounders, CPSI 3956 Town Center Blvd Orlando, FL 32837 877.984.0418 407.929.1419 704.940.2860 407.929.1419 3121114 & 4/11/2017 (revised quote) 3125117 14-21 Days from date of Agreement. Unknown Price Comments Price Comments CITY OF SEBASTIAN A detailed, item by itern inspection /Audit $500.00 PURCHASING WRITTEN PRICE per playground plus mileage from Orlando. Will VENDOR #I VENDOR #2 Vendor Business Safety Play Playground Guardian Name: Vendor Scott Burton, CPSI Eddie LaRoeque, CPSI Contact Person: 10460 Roosevelt Blvd #295 PO Box 240981 Address: St. Petersburg, FL 33716 Charlotte, NC 28224 Phone Number Date&Time: Delivery Date: Item Description & Comments 888.878.0244 727.522.0061 3118117 Approx. 30 Days from date of Agreement. ri Comments $16,500 ASTM 017148741 & F1292 (drop tests ror 111C and Gmax values only) playground safety Standards and the CPSC playground safety Guidelines 0325 (2010 version) only. ASTM HF2049-I1(playground fencing Standard). Federal ADAAG (ADA) (playground wheelchair accessibility rules, limited to equipment inside the Use Zones only). *Independent Consultant * 14 Sites *Free labels for each PG that City needs to comply with. *General Liability as well as Errors & Omissions Coverage. VENDOR #3 Playtime Marie Flounders, CPSI 3956 Town Center Blvd Orlando, FL 32837 877.984.0418 407.929.1419 704.940.2860 407.929.1419 3121114 & 4/11/2017 (revised quote) 3125117 14-21 Days from date of Agreement. Unknown Price Comments Price Comments $13,300 CPS[ playground safety inspection. ASTM $7,000 A detailed, item by itern inspection /Audit $500.00 FI292 Surface Test -One test at each site. Test per playground plus mileage from Orlando. Will will be perronned using Triax 2010 testing unit, provide a detailed Audit report and Audit summary, to specs. ADA Compliance - plus recommendations for repair or maintenance. ADA audit will be completed in Park The audit gives a more comprehensive report on Protector Software system. The ADA, many items, including ADA accessibility. Inventory. Inspection will cover all playground environment, protective surfacing, use zones, and equipment at each park, the surface test is ror equipment. one test only (highest designated fall height at They do NOT do a drop test. park). *Independent Consultant *Independent Consultant * 14 Sites * 14 Sites * 1 year use of Park Protector software system: Valuable asset mgmt, tool for inventory, *Liability Policy maintenance and reporting system included. - All inspections will be stored and accessed from Park Protector, an online, cloud based system. Billed annually. *General Liability as well as Errors & Omissions Coverage. COUNCIL APPROVAL REOUIRED FOR ITEMS OVER $15,000 SIGNATURE: DATE: DEPARTMENT HEAD SIGNATURE: DATE: PROCUREMENT MANAGER b i of 150 PO Box 240981 IV Charlotte, NC 28224 QUOTE 800.438.2780 ##58805 PLayGnounQ FAX 704.525.7356 GUARDIAN 04/11/2017 City of Sebastian - Inspections Quote and Software City of Sebastian Ship To Zip: 32958 Attn: Margarita Hernandez 1225 Main Street Sebastian, FL 32958 Phone: 772-228-7054 Fax: 772-388-8248 i-nhemandez@cityofsebastian.org cityofsebastian.org 14 LW FRQY Playground Guardian - Low Frequency $400.00 55,600.00 INSPTN inspection performed by a CPSI with Park Protector Inspection Software, and report of findings. This includes inputting each site play equipment inventory into software system for asset management and inventory purposes. - 14 locations to be performed at same tone. 14 ADA Audit Playground Guardian - ADA Compliance $50.00 $700.00 Playground Audit - ADA audit will be completed in Park Protector Software system. 14 SURF Playground Guardian - ASTM Ft292 Surface $500.00 $7,000.00 Test - One test at each site. Test will be performed using Triax 2010 testing unit, to specs. I INSPTN Playground Guardian - Access to Park SFTWR Protector Inspection Software as long as Playground Guardian is performing inspections for the city. - No Charge SubTotal: $13,300.00 Total Amount: $13,300.00 Prices are firm for 30 days. Acceptance of this quote indicates your agreement to Playground Guardian's terms which is net 30 days after determined start date. A signed P.O. made out to Playground Guardian or this signed quotation is required for all orders. Please call (800 438-2780 if you have any questions. fax (704)525-7356. Page] of 2 68 of 150 City of Sebastian - Inspections Quote and Software QUOTE #58805 04/11/2017 By signing this quotation the customer is accepting the attached terms and conditions. Our inspection is intended solely to evaluate the current condition of the playground. This report addresses the condition of playground equipment as of the date and time of the inspection only and does not address any change-, in, damage, additions or alterations to, or removal of any of the equipment after the date and time of the inspection. We recommend that an inspection be conducted by a qualified playground equipment inspector at least once per year and also (a) whenever equipment is damaged, added, removed or altered, (b) when the equipment will be used by children in age groups other than those considered in prior inspections. (c) whenever the equipment is subject to damage, abuse or unusual wear and tear, and (d) as circumstances otherwise warrant. Our inspection is not invasive or technically exhaustive, and our inspectors did not attempt to access inaccessible areas or open or unlock any playground equipment in connection with the inspection. Latent, concealed and hidden defects and deficiencies are specifically excluded from the inspection. Abnormal or unusual circumstances may warrant or require further or additional safety procedures and considerations. Playground Guardian has no liability, and assumes no liability, in connection with any services, general items or materials provided, or any safety suggestions made, by Playground Guardian. Our inspection may not disclose or report every possible safety procedure that could be recommended or made with respect to the playground equipment. Playground Guardian makes no representations or warranties as to merchantability, fitness for any particular purpose or infringement. Further, Playground Guardian makes no representations or warranties that any of the items inspected are designed or constructed in a good or workmanlike manner or will continue to perform in the future as they are performing at the time of our inspection. The terms and conditions attached to or on the reverse of this Contract are a part of and incorporated by reference into this contract. Acceptance of quotation: Accepted By (printed): Title: Telephone: Purchase Amount: $13,300.00 SALES TAX EXEMPTION CERTIFICATE #: (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesman Signature ORDER INFORMATION: Bill to: Contact: Address: Address: City, State, Zip: Tel: Fax: Date: P.O. No: Fax: Ship to: Contact: Address: Address: City, State. Zip: Tel: Page 2 of 2 Customer Signature Fax: 69 of 150 L111V Lf SIEBASTtAN ;4&iW HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 10 May 2017 AGENDA ITEM TITLE: Friendship Park Pickle Ball Courts. RECOMMENDATION: Consider Final Design and Permitting (CSA -2). BACKGROUND: At the 14 December 16 Council meeting, a Consultant Service Agreement (CSA -1, Attachment 1) with Schulke, Bittle & Stoddard (Schulke) for Friendship Park Pickle Ball Court development was approved by a 4-0 vote. At Council's request, it was subsequently determined that land acquisition was not necessary for the project allowing CSA -1 to be completed. At the 24 April 17 Parks and Recreation (P&R) Advisory Committee meeting, Schulke presented the CSA -1 deliverable, Conceptual Planning and Cost Estimations (Attachment 2). The P&R Committee recommended moving forward with the Final Design, Construction Documents and Permitting of a four (4) court project by a 4-0 vote. CSA -2 would authorize that work by Schulke (Attachment 3). At the aforementioned P&R meeting, Recreation Impact Fee Funds and Zone Allocation (Attachment 4) reports were presented along with a `rough' calculation of available funds (Attachment 5) for P&R projects as of 10 April 17. Approval of CSA -2 would further `solidify' the site selection, scope of the project, and project costs. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: N/A Total cost: $19,700 Amount Budgeted in Current FY: -0- Appropriation Required: $19,700 Fund to be Utilized for Appropriation: Recreation Impact Fees �( Administrative Services Department/CFO Review: 1 ATTACHMENTS: 1. CSA -1 J 2. Conceptual Plans and Cost Estimations. 3. CSA -2 4. Rec Impact Fee Funds, Zone Allocation 5. Rec Impact Funds Available — 10 April 17 City Manager Authorization: Date: 04 May 2017 70 of 150 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Work Authorization No: #CSA -1 Project Identification: City of Sebastian — Friendship Park Recreation Improvements Description of Assignment: Schulke, Bittle & Stoddard, LLC will provide conceptual planning and preliminary cost estimating for the site development of new improvements to Friendship Park including 8 pickle ball courts, relocation of ADA compliant playground, 10 +1- parking spaces and driveway, lighting, and necessary modifications to existing pavement and drainage facilities. See detailed Scope of Work (Exhibit A). Deliverable and Fee: The project plans and documents will be delivered as follows: Conceptual Planning and Cost Estimating $15,200.00 See detailed Fee Schedule (Exhibit B) Period of Services: 60 days AGREED: Engineering Corgi us Itant: Date: Schulke; .Bittle & Stoddard, LLC AItast: anette W�Illlams. MMC, City Clerk City of Seba tiara: Date: .Joe Griffin, CO Manager -2, / &-c/ �-, Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City A�®rney 71 of 150 Schulke, Bittle & Stoddard, LLC Engineer's Site Construction Cost Estimate For: Friendship Park - 4 Pickelball Courts 411912017 1 ITEM UNIT QTY. $ 98,300.00 UNIT PRICE TOTAL 1 PAVING I GRADING 1 EARTHWORK S 3,300.00 1Equipment LS 1 $ 1,030.00 $ 1,030.00 (Mobilization LS 1 $ 5,000.00 $ 5,000.00 Clear/ Grub LS 1 $ 6,125.00 $ 6,125,001 Embankment CY 2,737 $ 7.50 S 20,527.50 1 IExport CY 1,287 $ 4.50 $ 5,791.501 Final Grading SY 8,811 S 0.25 $ 2,202.75 1 Site Erosion Protection LS 1 S 4,100.00 S 4,100.00 1 18" Stabilization (for parking) SY 1,502 $ 4.50 S 6,759.001 16" Coquina Rack (for parking) SY 1,316 $ 13.00 $ 17,108.00 1 11-112" Asphalt Paving (for parking) SY 1,316 S 9.25 $ 12,173.00 1 15' Wide Sidewalk SF 2,870 $ 4.00 $ 11,480.00 1 16' Wide Sidewalk SF 897 $ 4.00 S 3,588.00 1 1 Handicap Signing EA 2 $ 200.00 S 400.00 1 1Handicap Striping EA 2 $ 500.00 $ 1,000.00 J 112" Solid White EA 30 $ 3.00 S 90.00 1 16" Solid White LF 427 $ 1.50 $ 640.50 1 Traffic Signs (Stop, One Way, etc.) EA 2 $ 200.00 $ 400.001 I Relocate Existing Siqn EA 1 $ 200.00 S 200.00 1 (Sod (Embankment) SY 2,082 $ 2,70 $ 5,621.40 1 (Seed (Pond Bottom/Future 4 -Courts) SY 2,841 $ 0.50 $ 1,420.50 I (Testing - Geotech LS 1 $ 3,500.00 $ 3,500,001 Subtotal $ 108,127.151 1WATER SYSTEM I I Water Service 1 Fountain EA 1 S 3,000.00 $ 3,000.00 I Subtotal $ 3,000,001 1STORM DRAINAGE 1 1 Raise existing inlet EA 1 $ 1,000.00 $ 1,000.00 I 118" ADS N-12 LF 44 $ 38,00 $ 1,672.00 1Mitered End Section EA 2 $ 500.00 $ 1,000.00 1 1Modify MES/Pipe End EA 1 $ 1,200.00 $ 1,200.00 Subtotal $ 4,872,00 1PICKELBALL COURTS 1'Courts (2 Dual = 4) LS 1 $ 98,300.00 $ 98,300.00 1Windscreens LS 1 $ 3,300,00 S 3,300.00 1Equipment LS 1 $ 1,030.00 $ 1,030.00 13'-6" Fence (Optional) LF 100 $ 12.00 $ 1,200.00 $ 55,000.00 Subtotal $ 103,830.00 'Courts includes: coquina base, asphalt base, perimeter concrete curbing, court coatings, playing surfaces, line markings & 8' perimeter fence. IPavilion (15' x 16) ($501sf) LS 1PROFESSIONAL ISurveyinq (stake -out/ as-builts) LS 1$ 5,000.00 $ 5,000.00 1 Engineering I LS 1 $ 50,000.00 $ 50,000.00 Subtotal $ 55,000.00 1OTHERIMISCELLANEOUS IPavilion (15' x 16) ($501sf) LS 1 $ 11,250.00 $ 11,250.00 ILandscapinq LS 1 $ 10,000.00 $ 10,000.00 Ilrrigation LS 1 $ 10,000.00 $ 10,000.00 16' Fence (at Baseball Field) (Ooticnal) LF 350 $ 26,00 $ 9,100.00 Subtotal $ 40,350.00 72 of 150 J ELECTRICAL Option 2 - IES Spec Lighting LS 1 $ 48,840.60 $ 48,840.60 Panels 1 Relays LS 1 $ 5,135.00 S 5,135.00 Parking Lot Lighting LS 1 $ 15,061.00 S 15,061.00 Pavilion Fixtures LS 1 $ 3.792.00 S 3,792.00 Pavilion & Court Receptacles LS 1 $ 7,078.40 S 7,078.40 Pavilion Water Cooler Receptacles LS 1 $ 805.00 S 805.00 Subtotal $ 80,712.00 TOTAL Paving 1 Grading ! Earthwork S 108,127.15 Water System $ 3,000.00 IStorm Drainage $ 4,872.00 jPickelball Courts S 103,830.00 Professional S 55,000.00 Electrical $ 40,350.00 Other 1 Miscellaneous $ 80,712.00 TOTAL $ 395,891.15 Contingency 10% $ 39,589.12 Grand Total $ 435,480.27 73 of 150 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Work Authorization No: #CSA -2 Project Identification: City of Sebastian — Friendship Park Recreation Improvements Description of Assignment: Schulke, Bittle & Stoddard, LLC will provide engineering for final site plan design and permitting for the site development of new improvements to Friendship Park including 8 pickle ball courts, building plans for gazebo (roofed open structure), 24 +/- parking spaces and driveway, lighting, and necessary modifications to existing pavement and drainage facilities. See detailed Scope of Work (Exhibit A). Deliverable and Fee: The project plans and documents will be delivered as follows: Final Design, Construction Documents and Permitting, Reimbursement Expenses (prints, copies, application fees) See detailed Fee Schedule (Exhibit B) Period of Services: 60 days to 90 days AGREED: Engin ringor) Itant: ' Date: chulke/ttle & Stoddard, LLC Jeanette Williams, MMC, City Clerk City of Sebastian: $19,700.00 Date: Joe Griffin, City Manager Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 74 of 150 I�� u f � r 7 � �- • --------------- ---- ' I �n s n I � { r II ua.r m+, y I � I we. a••�."sa a � rm •� --•— I I 1 i � I 1 �1 f I / = I � S , $ P • y 1 ; 0 0 0 FE CONCEPTUAL SITE COURTS i SCWULKE, $!TYLE & STODDARD, L.L.C. i FRIENDSHIP SEBASTIAN PARK CONCf �Cfa'L65TRW=Rii�LEM,INEERING.WN %.pNNNG• fJ '�r I ii it l 'E'R BLVD., afeunn01 VExO "E"xrs 1 FLORIDA PIAN 1717 INDIAN P1YER BLVD., 3417E 4 VEAp gLh 0%o,*A dYBLq •Y M II TEL T7t 177o-9623 Y•ax 773 r7764156 EMIL NMO➢mseng.•en co•n .. avao7aea�l Ul RECREATION IMPACT FEE FUNDS PROJECTED BALANCES FISCAL YEARS 2018-2023 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Totals Recreation Impact Fees $ 163,800 S 153,800 $ 163,800 $ 163,600 $ 163,800 $ 163,B00 $ 163,800 $ 163,800 $ 1,310,400 Investment Income 4,353 5,181 3,100 3,714 4,593 5,477 6,366 7,259 40,043 PROJECTED REVENUE $ 168,153 $ 168,981 $ 166,900 $ 167,514 $ 168,393 $ 169,277 $ 170,166 $ 171,059 $ 1,350,443 Equipment Building 16,584 Community Center(PavingforainagerLighting) 940 50,220 Rebuild Skate Park Ramps Barber Street Netting 14,875 TOTAL FY 15 TOTAL FY 16 S 32,399 Friendship Park Improvements (Pickle Ball) Parks & Recreation Comprehensive Plan Football Field Restrooms CavCorp Parking Lot Landscaping TOTAL FY 17 TOTAL FY 18 TOTAL FY 19 TOTAL FY 20 TOTAL FY 21 350,000 19,600 130,000 15,491 50,000 $ 565,311 $ 50,000 76 of 150 BEGINNING FUND BALANCE $ 769,138 $ 904,892 $ 508,562 S 625,462 $ 792,975 S 961,368 $ 1,130,645 $ 1,300,811 $ 769,138 TOTAL REVENUES 168,153 168,981 166,900 167,514 168,393 169,277 170,165 171,059 1,350,443 TOTAL EXPENDITURES 32,399 565,311 50,000 0 0 0 0 0 647,710 ENDING FUND BALANCE $ 9C4,692 $ 508,562 $ 625,462 $ 792,975 S 961,368 $ 1,130,645 S 1,300,811 $ 1,471,871 S 1,471,871 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Totals BEGINNING FUND BALANCE: Zone A $ 305,003 $ 375,034 $ 247,042 $ 305,374 S 362,763 S 460,556 S 538,755 $ 617,364 $ 305,003 Zone B 117,095 135,946 24,172 40,595 69,512 98,791 128,129 157,626 117,095 Zone C 38,818 47,733 48,100 61,041 74,052 87,130 100,275 113,488 38,818 Zone D 306,223 346,180 189,247 218,451 266,548 314,892 363,486 412,332 308,223 All zones $ 769,138 $ 904,a92 $ 508,562 $ 625,462 $ 792,975 $ 961,368 $ 1,130,645 $ 1,300,811 $ 769,138 Recreation Impact Fees Zone A $ 75,576 $ 75,576 $ 75,576 $ 75,576 S 75,576 $ 75,576 S 75,576 S 75,576 $ 604,605 Zone B 28,776 28,776 28,776 28,776 28,775 28,776 28,776 28,776 230,205 Zone C 12,649 12,649 12,649 12,649 12,649 12,649 12,649 12,649 101,189 Zone D 46,800 46,BC0 46,800 46,800 46,800 46,300 46,800 46,800 374,400 All Zones $ 163,800 $ 163,800 S 163,800 $ 163,800 $ 163,800 $ 163,800 $ 163,800 $ 163,800 $ 1,310,400 Investment Income Zone $ 1,726 S 2,147 S 1,506 $ 1,813 $ 2,217 $ 2,624 $ 3,033 $ 3,445 $ 18,512 Zone B 663 778 147 241 403 563 721 880 4,396 Zone C 220 273 293 362 429 496 565 633 3,272 Zane D 1,744 1,982 1,154 1,297 1,544 1,794 2,047 2,301 13,862 All Zones $ 4,353 $ 5,181 $ 3,100 $ 3,714 S 4,593 S 5,477 $ 6,366 $ 7,259 $ 40,043 Transfers: Zone $ 7,271 $ 205,714 $ 18,750 S S S - S - $ S 231,735 Zone 8 10,587 141,328 12,500 164,415 Zone C 3,954 12,555 - 16,509 Zone D 10,587 205,714 18,750 235,051 All Zones $ 32,399 S 565,311 S 50,000 S - $ $ 5 $ S 647,710 Ending Balances: Zone A $ 375,034 $ 247,042 $ 305,374 $ 382,763 $ 460,556 $ 538,755 $ 617,364 $ 696,385 $ 696,385 Zone B 135,946 24,172 40,595 69,612 98,791 128,129 157,626 187,282 187,282 Zone C 47,733 48,100 61,041 74,052 87,130 100,275 113,488 126,770 126,770 Zone D 346,180 189,247 218,451 266,546 314,892 363,486 412,332 451,433 461,433 All Zones $ 904,892 S 508,562 S 625,462 S 792,975 $ 961,368 $ 1,130,645 $ 1,300,811 $ 1,471,871 $ 1,471,871 76 of 150 RECREATION IMPACT FEE FUNDS ALLOCATION BETWEEN ZONES FISCAL YEARS 2018-2023 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Totals PROJECTS: Friendship Park Pickleball, Paving, Drainage - $350,000 Zone A 131,250 131,250 Zone 8 87,500 87,500 Zone C - - Zone D 131,250 131,250 350,000 350,000 Parks & Recreation Comprehensive Plan Zone A 7,350 7,350 Zone B 4,900 4,900 Zone C 16,373 - Zone D 7,350 7,350 16,584 19,600 19,600 Football Field Restrooms 15,491 Zone A 48,750 48,750 Zone B 32,500 32,500 Zone C - - Zone D 48,750 48,750 940 130,000 130,000 Barber Street Equipment Building $100,000 Zone A 3,317 5,809 3,317 Zone 8 6,634 Zone B 6,634 Zone C - 16,373 - Zone D 6,634 - 6,634 16,584 5,809 16,584 Community Center {Paving]Drainago/Lighting) 15,491 Zone A 235 12,555 12,790 Zone B 235 12,555 12,790 Zone C 235 12,555 12,790 Zone D 235 12,555 12,790 940 50,220 51,160 Barber Street Netting for Sharks Zone A 3,719 3,719 Zone B 3,719 3,719 Zone C 3,719 3,719 Zone D 3,719 3,719 14,875 14,875 CavCorp Parking Lot Landscaping Zone A 5,809 18,750 24,559 Zone B 3,873 12,500 16,373 Zone C - - - Zone Q 5,809 18,750 24,559 15,491 50,000 65,491 Totals 32,399 565,311 50,000 647,710 77 of 150 City of Sebastian Recreation impact Fee Fund Balance Less Allocated Amounts: Community Center Paving Friendship Park Improvements BSSC Football Field Restrooms Update P & R Comprehensive Plan CavCorp Parking Unallocated Balance Additional Possible Allocations: Friendship Park Improvements(additional funds needed) 4/10/2017 $ 946,720.88 $ (50,220.00) $ (244, 570.75 ) $ (130,000.00) $ (19,600.00) $ (15,491.00) $ (459,881.75) $ 486,839.13 $ (100,000.00) 78 of 150 aft L, SES -r-" HOME OF PELICAN 1"ND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: May 10, 2017 Agenda Item Title: Waste Management (WM) Franchise Renewal & 2ndAmendment Recommendation: 1. Approve WM Franchise Agreement `Auto -Renew' on 01 July 2017. 2. Approve 2nd Amendment to the WM Franchise Agreement. Background: On 01 July 2013, the City of Sebastian entered into a Franchise Agreement with Waste Management. The franchise term is for five (5) years with an automatic renewal provision, of an additional five (5) years, contingent upon Council approval. With the `auto -renew' the current agreement would extend to 30 June 2023. The WM Franchise Agreement was amended on 1 I May 2016 to include: 1. Waste Management's contribution of $40,000 to the City for the investment in a "Compressed Natural Gas Fueling Station" or for other City objectives; and. 2. Development of a Commercial Recycling Campaign by WM. The WM agreement calls for WM to do shredding, e -waste, and two (2) community clean-up events every year. The second event has attracted very little traffic and there does not appear to be a strong need for it. It would be more beneficial for the City to institute recycling at parks and City Hall in lieu of the second event. Staff recommends approval of the 2nd Amendment to the franchise agreement that provides: 1. Require one (1) community paper shredding/e-waste collection and community clean-up event per year. Eliminate the second event. 2. Add the following: a. WM will supply up to 50 blue 64g IRC recycling carts for use at City parks and City Hall. b. WM will supply a recycling dumpster at Barber Street Park for City staff to empty the recycle carts. WM wilI service all dumpsters as part of a regular commercial recycling route. c. The City will advise of any other City facilities where it may wish to distribute recycling cart(s) for WM to service curbside. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO Review: Attachments: City Manager Authorization: Date: 10 May 2017 1.0-13-03 U 2. WM Franchise Agreement 3. First Amendment to the WM Franchise Agreement 4. Proposed Second Amendment to WM Franchise Agreement 79 of 150 ORDINANCE NO. 0-13-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, the existing residential solid waste collection as approved under Ordinance 0-3-12 expires on June 30, 2013; and WHEREAS, the Council has determined that it is in the best interest of the public that a single provider have an exclusive franchise for both residential and commercial solid waste collection; and WHEREAS, pursuant to a competitive proposal process it has been determined that the public will best be served by granting said franchise to Waste Management, Inc. of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. Waste Management, Inc. of Florida, is hereby granted an exclusive franchise to provide residential and commercial solid waste within the City of Sebastian pursuant to the provisions of the FRANCHISE AGREEMENT BETWEEN CITY OF SEBASTIAN AND Waste Management, Inc. of Florida attached hereto and incorporated herein by this reference as if fully set forth herein. Section 2. It shall be a violation of the City Code, punishable as provided in City Code section 1-10, for any person or entity to provide solid waste collection within the City except in accordance with the terms and conditions of the Franchise granted hereunder. 80 of 150 Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This ordinance shall take effect upon adoption. The foregoing Ordinance was moved or adoption by Councilmember The motion was seconded by Councilmember and, upon being put to aote, the vote was as follows: Mayor Bob McPartlan ae- Vice-Mayor Don Wright /.6L- Councilmember Jerome Adams Gd�dp Councilmember Andrea B. Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 2013. CITY OF EBASTI , LORIDA BY Y. �� Mayor Bob McPartlan ATTES y s Sally A. Maio C City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City x orney /e -day oi�/t�-; 81 of 150 Franchise agreement Between city OF f l rl `rte, City of Sebastian and WASTE MANAGEMENT Waste Management, Inc. of Florida 1 82 of 150 This Franchise Agreement ("Agreement") is hereby made and entered into this 12th day of June, 2013, between CITY OF SEBASTIAN, FLORIDA, ("City") and WASTE MANAGEMENT, INC. OF FLORIDA, a Florida corporation, whose address is 2700 NW 48th Street, Pompano Beach, FL 33073 ("Franchisee"). WITNESSETH WHEREAS, the City desires to engage Franchisee to perform certain solid waste and recycling services within the boundaries of the City; and WHEREAS, Franchisee desires to perform such services pursuant to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: Article 1. Background Recitals 1.0. The recitals set forth above are true and correct and form a material part of this Agreement. Article 2. Term of the Agreement 2.0. The term of this Agreement shall be for a period of five (5) years, which shall begin July 1, 2013. This Agreement shall automatically renew for an additional term ending June 30, 2023, unless either party shall notify the other to the contrary in writing pursuant to Sec. 16.11 not later than July 1, 2017. Article 3. Definitions and Interpretations 3.0. General. To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail. However, nothing contained herein shall be interpreted to require the Franchisee to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. 3.1. Agreement shall mean this Franchise Agreement between the City and the Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. 2 83 of 150 3.2. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the City or Franchisee under this Agreement. 3.3. Biological Waste shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes. 3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human - disease -causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes, 3.5. Council shall mean the City's governing body, which currently is comprised of the City Council of the City of Sebastian, Florida. 3.6. Bulk Trash shall mean any non -vegetative item that cannot be containerized, bagged or bundled, or whose large size or weight precludes its handling by normal, Collection, processing or disposal methods. Bulk Trash includes but is not limited to discarded White Goods that are not Freon -Containing Devices, toilets, pool heaters, water softeners, pianos, bath tubs, sinks, bicycles, and similar household goods, appliances, fixtures and furniture. 3.7. Collect and Collection shall mean the process whereby Solid Waste is picked -up and removed from the location where it is generated, and then transported to the County Landfill. 3.8. Commercial Collection Franchise Area shall mean the City limits of Sebastian. 3.9, Commercial Collection Service shall mean the Collection of (a) Commercial Solid Waste; and (b) Recyclable Materials generated on Commercial Property and from Mobile Home Parks. 3.10. Commercial Container shall mean any container which: (a) consists of four permanently attached sides and a bottom; (b) is made of metal, durable plastic or other non-absorbent material; (c) is free-standing; (d) is emptied or transported by mechanical means; and (e) is used to Collect or store Solid Waste. Commercial 3 84 of 150 Containers include, but are not limited to roll-on/roll-off boxes, dumpsters, Compactors, and similar receptacles used to Collect Solid Waste 3.11 _ Commercial Property shall mean all of the improved property in the City that is used for: (a) Multiple Dwelling Units; or (b) commercial, institutional, church, not-for- profit, governmental, nonresidential or industrial purposes. 3.12. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, Yard Trash, and Industrial Solid Waste generated by or at: (a) commercial business, including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional offices and buildings, including, without limitation, schools and hospitals; (c) churches and not-for-profit organizations; (d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f) Mobile Home Parks that use Commercial Containers; (g) agricultural and industrial facilities; and (h) Construction and Demolition Debris collection in volumes greater than fifteen (15) cubic yards. 3.13. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction mechanism. 3.14. Construction and Demolition Debris shall mean discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project, (b) Unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and (c) De Minimis Amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. 4 85 of 150 For purposes of this Agreement, the term does not include "Roll-on, roll -off' service at volumes less than fifteen (15) cubic yards. 3.15. Construction and Demolition Debris Commercial Container shall mean a Commercial Container that is used to hold Construction and Demolition Debris. 3.16. Construction and Demolition Debris Service shall mean the Collection and transport of Construction and Demolition Debris in a Commercial Container or a Construction and Demolition Debris Commercial Container in the City by Franchisee. 3.17. Contract Manager shall mean the person designated by the City to act as the City's representative during the term of this Agreement. 3.18. County shall mean Indian River County, Florida. It shall also include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. 3.19. Curbside Collection Point shall mean the location where the Franchisee shall pick up the Residential Solid Waste and Recyclable Materials discarded by a Customer. 3.20. Customer shall mean a Person having a contractual relationship with the Franchisee for Residential Solid Waste Collection Service or Commercial Collection Service pursuant to the terms of this Agreement and the City Code. 3.21. De Minimis Amount shall mean the amount of Solid Waste that lawfully may be included in a container of Recovered Materials or Construction and Demolition Debris. A De Minimis Amount of Solid Waste is three (3) percent, by volume or weight, whichever is more restrictive, as determined by a measurement or visual inspection by the Contract Manager. 3.22. County Landfill shall mean the Solid Waste Disposal Facility or Facilities owned or operated by the County. 3.23. Freon -Containing Devices shall mean White Goods, appliances or other devices that contain or may release Freon, such as refrigerators, freezers, air conditioners, and dehumidifiers. 3.24. Garbage shall mean all kitchen and table food waste, and any animal, vegetative, food or other organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. 3.25. Garbage Receptacle shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s), and includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. 5 86 of 150 3.26. Hazardous Waste shall mean any Solid Waste regulated as a hazardous waste by the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency pursuant to Applicable Law. 3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or industrial processes that is not a Hazardous Waste. Such waste many include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals, food and related products or by- products, inorganic chemicals, iron and steel manufacturing, leather or leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastic products and resins manufacturing, pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. 3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed by, for, or on behalf of the County for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 3.29. Mobile Home Park shall mean any improved real property divided into spaces for the placement of mobile or modular homes or trailers. 3.30. Multiple Dwelling Units shall mean any building containing five (5) or more permanent living units. Multiple Dwelling Units include condominiums, but do not include hotels or motels. 3.31. [Left intentionally blank] 3.32. [Left intentionally blank] 3.33. Person shall mean any and all persons, natural or artificial, including, without limitation, any individual, firm, partnership, corporation, company, association, social club, fraternal organization, church, religious sect, religious denomination, society, organization or league, estate, trust, receiver, executor, administrator, 'trustee, or syndicate, municipal corporation, municipality, district or county of Florida and any other state; any governmental agency or political subdivision of any state or the federal government; or any other legal entity, and any group or combination of the above acting as a unit. 3.34. [Left Intentionally Blank] 3.35. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent 6 87 of 150 processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.36. [Left Intentionally Blank] 3.37. [Left Intentionally Blank] 3.38. [Left Intentionally Blank]. 3.39. [Left Intentionally Blank] 3.40. [Left Intentionally Blank] 3.41. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash resulting from the normal housekeeping activities of a Residential Unit or Mobile Home Park that has elected to receive Residential Solid Waste Collection Service. 3.42. Residential Solid Waste Collection Service shall mean the Collection and disposal of Residential Solid Waste generated within the Residential Franchise Area. 3.43. Residential Solid Waste Franchise Area shall mean the geographical area comprising the City. 3.44, Residential Unit shall mean each and every lot or parcel of land that is improved for occupancy as a single-family residence, duplex, triplex, or quadraplex, and any other residence, except a Multiple Dwelling Unit. The term also includes individually -owned mobile or modular homes or trailers that: have residential permanent license tags; are erected on a separate parcel of property; are within the Residential Franchise Area or the Residential Recyclables Franchise Area; and do not receive Commercial Collection Service. 3.45. Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 3.46. Solid Waste shall mean Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered Materials are not Solid Waste. 7 88 of 150 3.47. Solid Waste Disposal Facility means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 3.48. Special Waste shall mean Solid Wastes that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological Wastes. 3.49 Standard Issue Container shall mean the collection bin issued by the Franchisee to every subscribing Residential Customer. Such Container shall be a mobile sixty-four (64) gallon collection bin. Franchisee shall deliver the Container to new Customers at the time of their subscription. For the purpose of the initial term of this Agreement, the Franchisee will deliver Containers to existing Residential Customers by October 1, 2013. If the Standard Issue Container is too large for disabled Customers, the Franchisee shall make a reasonable accommodation and issue a smaller sized container to Customer. 3.50. Trash shall mean all accumuiations of refuse, rags, paper, paper boxes and containers, sweepings, other accumulations of a similar nature, and broken toys, tools, equipment and utensils. Trash does not include Garbage or Yard Trash. 3.51. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not an Uncontrollable Force. 3.52. White Goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. White Goods do not include Freon -Containing Devices. 3.53. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings, palm fronds, tree branches and other similar matter. Section 4. Grant of Franchise 4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement, the Franchisee is hereby granted an exclusive franchise and sole authority to provide (a) Residential Solid Waste Collection Service in the Residential Solid Waste Franchise Area and (b) Commercial Collection Service. 4.1. Recvclables. The collection of residential recyclables is not a part of this Agreement. 8 89 of 150 4.2. Limited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee except those that are expressly identified and conveyed by the specific terms of this Agreement. 4.3. Minimum Requirements for Franchisee's Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with the requirements in this Agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not prohibit any Person from gathering, conveying, or processing Recovered Materials, provided such Person otherwise complies with applicable Florida law. No franchise or permit shall be required with respect to Recovered Materials. Containers of Recovered Materials may include a De Minimis Amount of Solid Waste. Containers holding more than a De Minimis Amount of Solid Waste shall be handled and regulated as Solid Waste. Article 5. Title to Solid Waste and Recyclable Materials 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, and Recyclable Materials are placed at a Curbside Collection Point or any other approved location for Collection by the Franchisee within the City, the City shall hold title and ownership to all such materials. The Franchisee shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that the Franchisee Collects. Article 6. Processing and Disposal 6.0. Processinq. Recovered Materials collection, processing and marketing are outside the scope of this Agreement. 6.1. Solid Waste Disposal. The Franchisee shall dispose of Residential Solid Waste and Commercial Solid Waste Collected from within the City at the County Landfill. Article 7. Franchise Fee 7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected pursuant to the Franchise granted herein shall be paid to the City, by check, by the Franchisee on or before the fifteenth (15`h) day of each month for all services collected by the Franchisee during the immediately preceding month. Article 8. Residential Services 8.0. Hours of Residential Service- General. Residential Solid Waste Collection Service, shall be provided Monday through Friday, beginning no earlier than 7:00 a.m. and ending 9 90 of 150 no later than 5:00 p.m, unless previously authorized in writing by the Contract Manager in response to an Uncontrollable Force. 8.1. Days of Residential Service. Residential Solid Waste shall not be Collected by the Franchisee on Sundays or the holidays of Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas, or New Year's Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be Collected by the Franchisee on any holiday when the County Landfill is closed. If Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday. 8.2 Freauencv of Residential Solid Waste Collection Service—Garbage and Trash. At least two (2) times each week, the Franchisee shall Collect Garbage and Trash from those Customers that requested Residential Solid Waste Collection Service. The Collections of Garbage and Trash shall be at least three (3) days apart. 8.3. Freauencv of Service ---Yard Trash. Yard Trash shall be collected from Residential Units receiving Residential Solid Waste Collection Service at least one (1) time per week. Yard Trash shall not be commingled with Garbage. 8.4. Freauencv of Service --Bulk Trash. The Franchisee shall collect all Bulk Trash and Freon -Containing Devices placed at the Curbside Collection Point within four (4) calendar days after receiving a Customer's request to Collect such materials. There shall be no additional charge to the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative location within the County for processing. 8.5. Obligations Of Franchisee To Residential Customers - General. For Residential Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the paved surface of a public roadway, the closest accessible public right-of-way, or other location agreed to by the Franchisee and Customer that provides safe and efficient access for the Collection crew and vehicle. If a Customer is physically unable to deliver their Residential Solid Waste or Recyclable Materials to the Curbside Collection Point, or the Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative location shall be designated by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Obligations. All Yard Trash, except palm fronds, must be bundled, bagged in a biodegradable bag, or containerized by Customer. All Yard Trash must be: separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in length and no more than three (3) inches in diameter; less than fifty (50) pounds; shall not exceed four (4) cubic yards per collection and shall be placed neatly at the Curbside Collection Point by Customer. Natural Christmas trees will be collected as Yard Trash, provided that the sections of the tree are not more than eight (8) feet in length or more than fifty (50) 10 91 of 150 pounds. The Franchisee shall not co -mingle Yard Trash and other types of Solid Waste in the Franchisee's Collection vehicles. 8.5.2. Bulk Trash Obligations. Bulk trash shall not be commingled with Yard Trash. A Customer's Bulk Trash may not be collected if determined by the Contract Manager and the Franchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system, or of such weight or quantity as would significantly hinder the effectiveness of the Collection or Solid Waste disposal system. 8.6. Manner of Collection . The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to the same location where it was placed by the Customer or the Curbside Collection Point. The Franchisee shall also collect any garbage that may be placed next to the container from time to time. The Franchisee shall reserve the right to refuse collection service, if in the Franchisee's determination that a collection point is being used by more than one subscriber or non-subscriber(s) of the collection service. Throwing or damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective by the City, the Franchisee shall replace the Container at no additional cost to the customer. 8.7. Routes and Schedules. On or before March 31 of each year, the Franchisee shall, in a format acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at all times and shall strictly follow the schedules and routes filed with the Contract Manger. The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3) calendar days after any change. 8.7.1. Changes to Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives the Contract Manager's prior written authorization. The Contract Manager's approval of such changes shall not be unreasonably withheld. In the event that the Contract Manager authorizes a change in schedules that alters the Collection day for any Customer, the Franchisee shall, at its expense, notify each affected Customer by mail or other manner approved by the Contract Manager not less than one (1) week prior to the change. Article 9. Residential Rates and Billing 9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential Unit for Residential Solid Waste Collection Service charged by Franchisee shall be $11.18 per month as depicted in the rate schedule attached here to and marked Exhibit "A". The foregoing is the total rate that may be charged by the Franchisee for Residential Solid Waste Collection Service and it includes all franchise fees, collection 11 92 of 150 costs, disposal costs and other fees and expenses. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement. The Franchisee shall not separately state the amount of the franchise fee on any bill to any residential Customer. 9.1. Residential Solid Waste Collection Service Billina. Billing for Residential Solid Waste Collection Service shall be the sole responsibility of the Franchisee. Article 10. Commercial Collection Service 10.0. General. The Franchisee shall provide all Commercial Collection Service within the City. 10.1. Frequencv of Collection. Commercial Collection Service shall be provided at least once per week, except that the Collection of Recyclable Materials may be provided as agreed by the Customer and Franchisee. In any event, Commercial Collection Service shall be provided frequently enough to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. The Contract Manager shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the frequency of the Collection service are sufficient to ensure that Commercial Solid Waste is not routinely placed or stored outside the Commercial Container. 10.2. Location of Collection of Commercial Containers. Commercial Containers for Commercial Solid Waste or Recyclable Materials shall be placed at locations that are mutually acceptable to the Franchisee and the Customer, and in compliance with the City's land use ordinances. If a dispute should arise between a Customer and the Franchisee regarding the location of the Commercial Container, the Contract Manager shall designate the location. 10.3. Commercial Containers Required. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. 10.4. Non-Conformina Containers Prohibited. The use of any container or receptacle other than a Commercial Container or a Construction and Demolition Debris Commercial Container to store Construction and Demolition Debris at a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that is found to be unsuitable or undersized. 10.5. Adjacent Areas. Construction and Demolition Debris or other Solid Waste which is cast, blown, or scattered upon any adjacent property as a result of construction, 12 93 of 150 demolition, or renovation activities shall be removed by the Person responsible for the construction, demolition or renovation activities no later than the end of the day on which the activities occur or earlier if the waste material causes littering. Article 11. Commercial Collection Service and Construction and Demolition Debris Service Rates and Billing 11.0. Rates — General. The Commercial Collection Service rates set forth in this Agreement are maximums, and volume discounts may be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are subject to adjustment as set forth in this Agreement. 11.1. Rates. All Customers receiving any type of Commercial Collection Service, including Construction and Demolition Debris Service, will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee according to the rate schedule attached hereto marred Exhibit "A". 11.2. Other Charaes. The rates for Commercial Collection Service and Construction and Demolition Debris Collection Service do not include disposal fees, maintenance fees, franchise fees, and other extra charges. Such fees shall not be added to a Customer's invoice unless they are individually listed and itemized. 11.3. Billing. Billing for Commercial Collection Service, and for Construction and Demolition Debris Service shall be the sole responsibility of the Franchisee. Article 12. Adjustments to Rates 12.0, CPI Chances in Rates. Compensation payable to the Franchisee for services provided hereunder shall be adjusted upward or downward annually to reflect changes in the consumer price index for all urban consumers for the Southeastern US, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen by mutual agreement of the City and the Franchisee. Beginning on October 1, 2014, and on each Octoberl thereafter, the foregoing rates shat, be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12) month period of June to June, but no increase or decrease shall exceed percent (3%) per annum. The Franchisee shall notify the City in writing of increases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their implementation. 12.1. Chanae of Law. The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste management legislation and that these and other changes in law in the future, whether federal, state or local, which mandate certain actions or programs that may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this 13 94 of 150 Agreement shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effective date of this Agreement is in conflict with, or requires changes in, the provisions of services to be provided under this Agreement, the parties agree to enter into good -faith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change in law. 12.2. Limitation on Rate Changes. The Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Franchisee's operations per se, such fee, charge or tax shall be treated as a change in law and shall be passed through as a separate billed item after notice and confirmation by the City. 12.3. Rate Adiustment Procedure. Should the Franchisee seek an adjustment of any charges established and approved by the Council, other than the CPI Chanaes in Rates set forth in section 12.0 of this Agreement, then Franchisee shall notify the City in writing, setting forth the schedule of rates and charges which it proposes and a written justification for the request. A public hearing shall be held on the request. The request for a public hearing shall be submitted to the City with supporting data for review and presentation to the Council. The hearing may thereafter be continued from time to time as determined by the Council. The Council shall make a determination whether the adjustment in charges is necessary and justified under the circumstances provided herein and set forth in Franchisee's justification for rate adjustment. Article 13. General Obligations Of Franchisee 13.0. Prohibitions on Biological. Biomedical, and Hazardous Waste. The Franchisee shall not Collect Biological Waste, Biomedical Waste, or Hazardous Waste and the Franchisee shall not deliver or dispose of any of the foregoing wastes at the County Landfill. Franchisee shall not Collect any Solid Waste that the Franchisee reasonably believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee shall immediately notify the Contract Manager if any Customer attempts to deliver such material to the Franchisee or the City. The City shall have the right to inspect the Solid Waste and Recyclable Materials Collected by the Franchisee at any time to determine whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to ensure that the Franchisee's Customers do not deliver such materials to the Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the Franchisee delivers to the County Landfill. 13.1. Spillaae. The Franchisee shall not litter, and shall not spill Solid Waste or Recyclable Materials, anywhere in the City. Whenever the Franchisee is hauling Solid Waste or Recovered Materials, in the City, the Franchisee shall take all necessary steps to ensure that the material is contained, tied, or enclosed so that leaking, spilling and blowing of such material is prevented. In the event that any material or liquid spills, blows or leaks 14 95 of 150 from the Franchisee's vehicle, the Franchisee shall immediately clean up the spillage, leakage and litter at no cost to the City or the Customer. If a Customer or the Contract Manager notifies the Franchisee that its actions have caused litter, spillage, or leakage within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of any cleanup, remediation or damages shall be the sole responsibility of the Franchisee. 13.2. Financial Reoorts. Franchisee shall provide to the City annually a financial statement and report that includes an income statement showing the gross revenue received by the Franchisee from the Collection of Solid Waste and other services provided by the Franchisee under this Agreement. The report must include the opinion of a Certified Public Accountant, who has conducted an audit of the Franchisee's books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. The report also must include the Certified Public Accountant's opinion that the Franchisee has properly calculated and fully paid the franchise fees that are due and owing to the City pursuant to the provisions of this Agreement. The annual audit shall be delivered to the City within one hundred and twenty days after the end of the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon good cause. 13.3. Customer Comolaints. If the City receives a complaint regarding the Franchisee's service under this Agreement, the complaint shall be immediately forwarded to the Franchisee by telephone, e-mail or facsimile. The Franchisee shall respond to the complaint within twenty-four hours after the Franchisee receives the complaint, When the complaint is received after twelve o'clock noon on a Saturday or on a day preceding an approved holiday the Franchisee shall respond to the complaint no later than the next day that is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within twenty-four hours, by telephone or facsimile, of the action taken to resolve the complaint. 13.3.1 Record. The Franchisee shall keep a written record of all complaints it receives regarding the Franchisee's service under this Agreement. The Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify the time and date when a complaint was received, when the Franchisee responded to the complaint, and when the complaint was resolved. The Franchisee's records and forms shall be kept up to date and shall be maintained throughout the term of this Agreement. Copies of the complaints and forms shall be kept at the Franchisee's office and shall be available for inspection by the Contract Manager during normal business hours. 13.3.2. Notice of Certain Tvoes of Comolaints. The Franchisee shall immediately notify the Contract Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract Manager with a written report about 15 96 of 150 any such matters within three calendar (3) days after the Franchisee receives the complaint. 13.4. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from a Customer because the Customer failed properly to prepare or place the Solid Waste for Collection, the Franchisee shall provide written notification to the Customer explaining why the Solid Waste was not Collected and what the Customer must do to properly prepare or place the Solid Waste for Collection. The Franchisee's initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the Garbage Receptacle or Solid Waste in question. 13.5. Communitv Cleanups. The Franchisee shall perform at least two community cleanups within the Residential Solid Waste Franchise Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall Collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. 13.5.1. Special Event Cleanups. In addition to the Community Cleanups, the Franchisee shall perform one annual collection event each for electronics, paper shredding and white goods. The time and location of the Special Event Cleanups shall be selected by the Contract Manager and coordinated with the Franchisee. 13.5.2 Waste Watch. Franchisee shall develop a "Waste Management Waste -Watch" Program in the City of Sebastian. 13.6. Collection for Citv Facilities. Franchisee shall provide collection services at City facilities at no charge, including special service for the four major City -sponsored festivals held annually at Riverview Park. 13.6.1. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. 13.7. Uncontrollable Forces. Neither the County nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this Agreement, if delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non-performing party could not avoid by the exercise of reasonable diligence. Neither party shall, however, be excused from performance if nonperformance is due to forces or events that are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from 16 97 of 150 performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance of the obligations of this Agreement, and the expected time when performance in compliance with this Agreement will resume. 13.8. Contract Chanaes for Public Welfare. The City shall have the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare. The City shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard concerning the proposed change. The Franchisee shall be reasonably and appropriately compensated for any additional services required of the Franchisee due to any modification in this Agreement under this paragraph. 13.9. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two or more toll free telephone number(s) where service inquiries and complaints can be received by the Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is closed. The Franchisee also shall develop a system, subject to the Contract Manager's approval, for receiving emergency calls from the public at anytime, and for communicating with the City regarding emergency matters. 13.10. Vehicles and Eauipment. At all times the Franchisee shall have a sufficient number of trucks, Commercial Containers, and other equipment available and in good working condition so that the Franchisee can efficiently perform its contractual duties under this Agreement. The Franchisee shall also have available reserve vehicles and equipment that can be put into service within twelve (12) hours of any breakdown or malfunction that can provide similar service to the Franchise Area. Vehicles used by the Franchisee in the performance of this Agreement shall be clearly identified with the Franchisee's name, local phone number, truck number, and tare weight. Letters and number shall be at least four (4) inches high_ 13.10.1 List. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with a list of the trucks and other Collection equipment that will be used by the Franchisee to provide services under this Agreement. The list shall include the license tag number for each truck and the identification number (if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the Contract Manager during the term of this Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a) trucks and other Collection equipment used in the City for 30 days or less; or (b) bona fide demonstration trucks and other Collection equipment. 13.10.2. Condition of Eauipment. At initiation of the Franchise Agreement, all collection equipment shall be in good working order. The City reserves the right to inspect all 17 98 of 150 equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean, sanitary condition and in good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back in service. All vehicles and auxiliary equipment shall be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oil, hydraulic fluids, or other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during normal operation. The Franchisee's vehicles shall be in compliance with all Applicable Laws, including, without limitation, laws concerning noise, air pollution, and traffic safety. Should the City determine that the Franchisee's equipment does not meet the City's operational and safety standards, the Franchisee shall immediately replace such equipment. At no time during the course of the Agreement shall the Franchisee's equipment become older than twelve (12) years. 13.10.3 Compressed Natural Gas (CNG). By January 1, 2015, the Franchisee shall service the City with an all compressed natural gas equipment fleet. 13.10.4. Equipment Required on Vehicles. All collection vehicles shall carry a broom, a shovel, a fire extinguisher, absorbent materials and other equipment necessary to clean up any spilled materials. 13.10.5. Inspection of Vehicles and Equipment. The Contract Manager may inspect the operations, vehicles, and equipment of Franchisee at any reasonable time upon giving of reasonable notice and the Franchisee shall allow the Contract Manager to make such inspections. 13.11. Franchisee's Operations Manaaer. The Franchisee shall assign a qualified person or persons to be in charge of the Franchisee's operations within the City. Within three (3) days after the City signs this Agreement, the Franchisee shall provide the Contract Manager with a written list containing the names and telephone numbers of the Franchisee's operations manager and other key personnel, and the telephone numbers that are to be used to contact the Franchisee in the event of an emergency. 13.12. Personnel. All of the Franchisee's employees shall be properly trained and qualified to perform the tasks assigned to them. The Franchisee shall provide routine training in operating and safety procedures for all of the Franchisee's employees that are directly involved in the Collection or processing of Solid Waste or Recyclable Materials in the County. Each driver of the Franchisee's vehicles shall at all times carry a valid Florida driver's license for the type of vehicle that is being driven. The Franchisee's employees shall wear a uniform, shirt, or vest bearing the Contractor's name whenever they are Collecting or transporting Solid Waste or Recyclable Materials in the City. The Franchisee's personnel shall not scavenge for Solid Waste or Recyclable Materials. 13.12.1. Polite and Courteous Behavior. The Franchisee's employees shall treat all Customers in a polite and courteous manner. All personnel of Franchisee shall refrain from belligerent behavior and profanity. Franchisee's personnel shall not request tips or 18 99 of 150 payment of any kind from Customers. The Franchisee shall promptly take appropriate action to correct any such behavior or language. 13.13. Emplovee Waaes and Benefits. The Franchisee shall comply with all Applicable Laws relating to wages, hours, overtime, disability, and all other matters relating to the employment and protection of employees, now or hereafter in effect. 13.14. Permits and Licenses. The Franchisee shall obtain, at its sole expense, any and all permits and licenses required by Applicable Law in connection with this Agreement and Franchisee shall maintain the same in full force and effect throughout the term of this Agreement. Any revocation of the Franchisee's licenses or permits shall be reported to the City within three (3) calendar days. 13.15. Public Entity Crimes. No Franchisee may be a person or affiliate identified on the Florida Department of General Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are disqualified from the public contracting and purchasing process because they have been found guilty of a public entity crime. The Franchisee is required to comply with Florida Statutes Section 287.133, as amended, or its successor. The Franchisee shall notify the Contract Manager within three (3) days if the Franchisee is found guilty of public entity crime or placed on the convicted vendor list. 13.16. Non -Discrimination. The Franchisee, in performing under this Agreement, shall not discriminate against any worker, employee, or applicant or any member of the public because of race, creed, religion, color, sex, age, marital status, disability, or national origin, or otherwise commit an unfair unemployment practice on such basis. 13.17. Natural Disasters and Other Emeraencv Conditions - Variances from Normal Services. In the event of a natural disaster or other emergency, the Contract Manager may grant a variance from the normal requirements of this Agreement. Among other things, the Contract Manager may allow the Franchisee to use other routes, schedules, and disposal sites during the time period in which an Uncontrollable Force prevents the Franchisee from complying with the normal requirements in this Agreement. In such circumstances, the City shall ask the local media to inform the public about the changes in the Franchisee's services As soon as practicable after such natural disaster or Uncontrollable Force, the Franchisee shall resume normal operations. In such cases, the Franchisee shall make the City a priority. 13.17.1. Franchisee Unable to Provide Contracted Services. In the event that the Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, the City may hire other Contractors to provide those services, in such case, the City reserves the right to charge the Franchisee for all costs and expenses that the City incurs while providing the services that the Franchisee is obligated to provide pursuant to the requirements of this Agreement, subject to setoff for the amounts that would have been paid to Franchisee for the services. 19 100 of 150 13.17.2. Rapid RecovejV from uisaster. The clean-up from some natural disasters may require that the Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franchisee has received written authorization and approval from the Contract Manager prior to the work being performed. All such costs may be audited by the City prior to payment. 13.18. Disaster Resor;se Plan. The Franchisee shall develop and provide to the City a disaster preparedness and response plan by March 31 of each year. This plan shall include provisions for additional personnel and equipment and shall e; ablish a reasonable, verifiable basis for any charges. In ii�e evert [.'.dl �xt�es$ �urstrc;esult;r,cu Pru... a natural disaso-j, is compensable by the Federa; Lrr�ergEr,cy li,�a� a�etrE :lti►ttit F,l:y, other local, state, or federa; aq�� juy, a„y coi ipensa(tion to the rranenisee t'nall be aubaecr to such agencylo p,;u, approval. The Franchisee shall be familiar with Federal Emergency Management Agency documentation requirements and shall provide the necessary documentation for submission of cost reimbursement requests. The Franchisee shall be required to submit its Federal Emergency Management Agency documentation of costs as a condition of payment for additional personnel and equipment pursuant to this section. 13.19. Insurance. 13.19.1. Workers' Compensation Insurance.. Workers' Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by disease and $500,000.00 aggregate by disease. 13.19.2. Liabilitv Insurance.. The Franchisee shall, during the term of this Agreement, maintain in full force and effect commercial general liability insurance and automobile liability insurance, which specifically covers all exposures incident to the Franchisee's operations under this Agreement. Such insurance shall be with a company authorized to do business in the State of Florida and which possesses a minimum, current rating of B+ Class VIII in "Best's Key Rating Guide." Each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodily injury, including, without limitation, death, and property damage liability and the general liability shall include but not be limited to coverage for Premises/Operations, Products/Completed Operations, Contractual, to support the Franchisee's Agreement or indemnity and Fire Legal Liability. In addition to the above liability limits, the Franchisee shall maintain a $5,000,000.00 umbrella and/or excess liability coverage. Liability policy(ies) shall be endorsed to show the City as an additional named insured as its interests may appear, and shall also provide that insurance shall not be canceled, limited, or non -renewed until after thirty (30) days written notice has been given to the City. Franchisee shall provide the City with copies of current certificates of all required insurance concurrently with execution of this Agreement by Franchisee. Franchisee expressly understands and agrees that any insurance 20 101 of 150 protection furnished by Franchisee shall in no way limit its liability to the City or its responsibility to indemnify and save harmless City and the officials, officers, and employees of the City under the provisions of this Agreement. 13.20. Indemnification. The Franchisee agrees to hold the City and the officials, officers, and employees of the City harmless from any and all liabilities, losses, penalties, costs or damages the City, its officials, officers, and employees may suffer as a result of any claims, demands, suits, or judgments against the City, its officials, officers, and employees arising out of or in any way related to the negligent acts or omissions of the Franchisee or its employees under this Agreement. The Franchisee shall not be required to indemnify or hold the City harmless for any act or omission caused by the sole negligence or willful misconduct of the City or its officials, officers, or employees. This indemnification and hold harmless agreement shall survive the termination or expiration of this Agreement. 13.21. Damage. The Franchisee including, without limitation, its agents, employees and subcontractors, shall perform all services under this Agreement in such a manner so as to avoid damage to public and private property and shall promptly repair or pay for any such damage in conjunction with its insurance adjustment procedures. 13.22. Compressed Natural Gas Fueling Station. Franchise shall construct, operate and maintain a full service compressed natural gas fueling station in the City limits of the City of Sebastian, Florida if the following conditions are met: A. Franchisee shall be awarded a continuing exclusive franchise for solid waste collection in Indian River County during the term of this Agreement or any extension hereof and such franchise has a term of at least three years; B. Franchisee and City shall negotiate in good faith to locate or provide City property for station location and such property, zoning and all restrictions related to the property and the costs associated with its procurement are acceptable to Franchisee in its reasonable discretion; C. Natural gas infrastructure is reasonably extended to the potential fueling station site; and, D. Franchisee agrees to design fueling station according to City land development regulations; and E. The parties enter into a definitive agreement regarding the property that addresses all issues raised by either party after the specific property is identified. Article 14. Administrative Charges to Franchisee for Failure to Perform 21 102 of 150 14.0. Failure to Pav Franchise Fee. Franchise fee payments received after the fifteenth (15`) day of the month shall bear interest at 18% per year. Except for an Uncontrollable Force, franchise fee payments received more than twenty (20) days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any one calendar year, or failure to make payment within thirty (30) days after the due date, unless due to an Uncontrollable Force shall result in termination of this Agreement. 14.1. Customer Service Complaints. All Customer service complaints received by the Franchisee or Contract Manager and reported to the Franchisee shall be promptly resolved pursuant to applicable terms of this Agreement, Customer service Complaints shall not include Customer informational requests or Recycling Container requests. Customer service complaints may include, but are not limited to, the following: .1 Commingling Solid Waste with Yard Trash .2 Throwing of Garbage Receptacles .3. Failure to collect Solid Waste on schedule .4 Failure to replace Garbage Receptacles or Commercial Containers to the point of collection. 14.1.1. In the event Customer service complaints received from Residential Solid Waste Collection Service customers exceed any of the following percentage(s): Complaint Tvoe Garbage, Trash and Damage Yard Trash Annual % Monthly % 4% 0.5% 2.5% 0.35% of the Customers in the Franchise Area served by the Franchisee as determined on the first day of each calendar year, the Contract Manager may levy $100.00 administrative charges for each incident exceeding these percentages, on a calendar year or monthly basis as is appropriate. 14.2. [Left Intentionallv Blank], 14.3. [Left Intentionally Blank], 14.4. Chanqinq Scheduled Collection Days without Aooroval. Changing scheduled Collection days without approval will result in a $2000.00 administrative charge per incident. 14.5. Failure to Clean Ur) Soillaae. Failure to clean up spillage of any substance required to be cleaned up by and in accordance with the City of Sebastian requirements will result in a $200.00 administrative charge per day, per incident. 14.6. Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular scheduled collection day sha►I result in an administrative charge of $1,000 for 22 103 of 150 each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is more than ninety percent (90%) complete and is thereafter completed within five (5) hours. 14.7. Other Performance Standards and Administrative Charaes. The Contract Manager may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regard to the percentage of customer complaints including, without limitation- . 1. imitation: .1. Failure to provide clean, safe, sanitary Collection equipment .2. Failure to maintain office hours as required .3. Operator not licensed .4. Collection Vehicle not licensed .5. Failure to provide documents and reports in a timely and accurate manner .6. Failure to cover materials on Collection vehicle .7 Collection vehicles left standing on street unnecessarily .8. Collection employees out of uniform .9. Not providing schedule and route maps .10. Speeding, upon conviction 11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been missed more than three times per calendar year 12. Failure to respond to Customer calls in a timely and appropriate manner 14.9. Citv Repair of Damage. In the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable administrative expenses. 14.10. Pavment of Administrative Charaes by Franchisee. The Contract Manager shall notify the Franchisee in writing of the City's intent to assess any administrative charges provided under this Agreement. The Contract Manager shall provide to Contractor an itemized written list of each instance in which Franchisee failed to meet the performance standards specified in this Agreement, including the nature of the failure, date, time, location, and any other available and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized list will be provided to the Franchisee monthly, on or before the tenth (10`h) calendar day of each month. The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the Administrative Charges or to contest same as set forth herein. In the event the Franchisee wishes to contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standards of this Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to the City Manager, who shall conduct a review of 23 104 of 150 all of the facts and circumstances, and make a determination in writing. The decision of the City Manager will be final. Article 15. Default 15.0. Causes of Default . The City may terminate this Agreement, except as otherwise provided below in this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events.- - 1 . vents: .1. Filing of Insolvencv or Bankruptcv. Franchisee shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the re -adjustment of its indebtedness under the federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; .2. Declaration of Bankruotcv. By order or decree of a Court, Franchisee shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Franchisee, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; .3. Control by Receiver. Trustee. or Liquidator. By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Franchisee, and such possession or control shall continue in effect for a period of sixty days; or .4. Failure to Perform Services under Aqreement. The Franchisee has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or has wrongfully failed or refused to comply with the instructions of the Contract Manager relative thereto, whether such default is considered minor or major, and such default is not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Franchisee of written demand from City to do so, Franchisee fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden of proof to demonstrate that the default cannot be cured within thirty (30) days, and that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). Failure to make timely payment of the Franchise Fee shall not be considered a curable default. 24 105 of 150 .5. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the term of this Agreement been found to have Collected Residential Solid Waste generated from outside the Residential Solid Waste Franchise Area from non -Customers without the prior written approval of the Contract Manager. 15.1. interim Collection Services. Notwithstanding anything contained herein to the contrary, if Franchisee fails to provide Residential Solid Waste Collection Service for a period of three (3) consecutive scheduled Collection days, the City may obtain the Franchisee's Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume performance at the end of ten (10) working days, all liability of the City under this Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated by the City. 15.2. Habitual Violator. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event that Franchisee's record of performance shows that Franchisee has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Franchisee, in the reasonable opinion of the City and regardless of whether Franchisee has corrected each individual default, Franchisee shall be deemed a "habitual violator," shall forfeit the right to any further notice or grace period to correct or cure future defaults, and all of such defaults shall be considered cumulative and, collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue a final warning letter to Franchisee, setting forth in detail all of the facts and circumstances constituting the determination of "habitual violator." Thereafter, any single default by Franchisee of whatever nature shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, the City may terminate this Agreement upon the giving of written final notice to Franchisee, such termination to be effective on the date set forth in the final notice, and all contractual fees due under this Agreement plus any and all charges and interest shall be payable to such date, and Franchisee shall have no further rights under this Agreement. Immediately upon receipt of such final notice, Franchisee shall proceed to cease any further performance under this Agreement. 15.3. Date of Agreement Termination for Default. Except as otherwise provided in this section, termination shall be effective upon the date specified in City's written notice to Franchisee and upon such date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for Collection services. The Franchisee shall reimburse the City for all direct and indirect costs of providing interim Collection service. Article 16. General Provisions 25 106 of 150 16.0. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Franchisee shall survive the termination or expiration of this Agreement. 16.1. Waiver. The failure of the City at any time to require performance by the Franchisee of any provision hereof shall in no way affect the right of the City thereafter to enforce the same. No waiver by the City of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16.2. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy under this Agreement shall preclude any other or further exercise thereof. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 16.3. Governinq Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to interpret or enforce the Agreement will be held in Indian River County and the Agreement will be interpreted according to the laws of Florida. The parties hereto expressly waive all right to trial by jury of any dispute relating to this Agreement. 16.4. Severabilitv. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement, at the option of the City, be determined to be void. 16.5. Assiqnment and Subcontractinq. 16.5.1 Assiqnment of Entire Agreement. No assignment of this Agreement or any right occurring under this Agreement shall be made in whole by the Franchisee without the express prior written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the express prior written consent of the City shall be null and void and shall be grounds for the City to declare a 26 107 of 150 default of this Agreement and immediately terminate this Agreement by giving written notice to the Franchisee. Upon the date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for the services that are the subject of this Agreement. In the event of any permitted assignment, assignee shall fully assume all the liabilities of the Franchisee under this Agreement. 16.5.2. [Left Intentionally Blank] 16.6. Modification of the Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, matters, whether oral or written, relating to such matters and this Agreement shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment executed by both parties. 16.7. Independence of Parties. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or joint venturers between the parties hereto, or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. The Franchisee is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 16.8. Resolution of Disputes. Except as specifically provided herein, any and all disputes or disagreements arising out of this Agreement shall be subject to the decision of the Contract Manager, with right of the Franchisee to appeal to first the City Manager, and thereafter to the Council, whose decision shall be final and binding. During any dispute, the Franchisee shall continue to render full compliance with this Agreement regardless of the nature of the dispute, unless the City specifically notifies the Franchisee otherwise. 16.9. Representations of the Franchisee. The Franchisee represents that: (a) it is a corporation duly organized under the laws of the State of Florida; (b) this Agreement has been duly authorized, executed, and delivered in the State of Florida; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions. The terms of the Agreement shall not be construed against either party as the "drafter" of the document. 27 108 of 150 16.11 _ Notices. All dealings, contacts, notices, and payments between the Franchisee and the City shall be directed by the Franchisee to the Contract Manager and by the City to the Franchisee's Project Manager, each of whom shall be designated and identified to the other party, in writing, upon execution of this Agreement. Any notice, demand, communication, or request required or permitted under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attention: City Manager Copy to: City Attorney As to the Franchisee: Waste Management Inc. of Florida c/o Harris Sanitation 7382 Talona Drive West Melbourne, Florida 32904 Attention: District Manager Copy To: Waste Management Inc. of Florida 2700 NW 48th Street Pompano Beach, Florida 33073 Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e.; printed) after 4:30 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. 16.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 16.13. Headings. Captions and headings in this Agreement are for ease of reference only and shall not constitute a part of this Agreement nor affect its meaning, construction, or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. 28 109 of 150 Attest: By deg W Sally Maio, CityOerk Approved by: BIS' y 0 - Robert A. Ginsburg, City Attomey Witness Signature: N&�dzb -qp'(� Print Name:�'� Witness Signature-, ,f�,c/LpQ OJ,4 Print Name: aweq STATE OF FLORIDA COUNTY 0 1? -n0 4/YZ7 CITY O SEB IAN Al Mi e , Ci Manager FRANCHISEE: By Name antic Title. (AFFIX CORPORATE SEAL) The foregoing instrument was ackn wledged before me this day of U�- 2013 by -I NS as i�Z�}T of WASTE MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He/she is Personal�4lsuQwn to me or has produced a5 identification. (NOTARY SEAL) NO ARY SIGNATURE: PRINTED NOTARY SIGNAURE Notary Public, State of�►�•• ; SUSANCHR1srA.iQHNSOr, Commission Number: * * NYCOWASSIONIDO949140 My Commission Expires: � �r EXPIRES: Jan vy 29, 2014 OF �� e�xa n�„ e�dQ►a ►may �s 29 110 of 150 2 S 3 I 4 Z E 6 Is Exhibit "A" City of Sebastian - Solid Waste Franchise 6% Franchise Feeincludedin all charges a �. Billed Cubic Yarn ,t Billed Loose Yard k_i,. fuel Surcharoe nerAccountlRale adiustmew procedure 13 -x Billed Cubic Yard Compactor (Ha(ris Same) FEL Compactors ', i;i Billed extra pickup per FEL cubic yard ?•1 ,r,. Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RATE TO CUSTOMER- WASTE MANAGEMENT - BILLED: One Cart 2x Wk Each Addtl Cart 196 Galion I 315.90I :15.t10I RESIDENTIAL RATES TO CUSTOMER- WASTE MANAGEMENT- BILLED: Additonal Car! Garbage 2x Yard Trasn Ix Total Quarteny Quarterly Single Rome 1 Si 1.i8j "io.S14I 511.181 s 33.54 I S33.5<I WN164 Gallon Cart - Defaull Wei 36 Gallon Cart - Option Residential Cart Dolivery or Removal Charge - stop service or add'I cart 525.Or I Lost CartiCustomer Abuse Charge I I F75.t]Gj Nate: Handicap "backdoor' service at above .rales No additional cost Sebastian Coiling Pull Effective 71112013 Rate Charge 15 Yard Open Top Per Pull F R E Q U E N C Y $192.73 $99.00 30 Yard Open Top Per Full 5192.73 $99.00 tlncloJes Container Se;vice Charger $192.73 $99.00 20 Yard or less COMPACTION Conlainefs Per Pull $192.73 $120.04 21 to 40 yard COMPACTION containers Per Pull 5192.73 5120.90 ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES Container 1 2 3 4 5 6 Service XPU 46.38 76.28 106.18 136.08 165-9E 19588 I r: �: 16.00 61 33 106.18 151.03 195.88 240 13 285.53 16.48 24.00 7628 136.08 195.88 255.68 315,48 375 28 16.48 32.00 106.18 195.88 285.58 375.28 464.98 554.68 16.48 48.00 136.08 255.88 375.28 494.83 614.48 734.08 16.48 64.00 6% Franchise Feeincludedin all charges a �. Billed Cubic Yarn ,t Billed Loose Yard k_i,. fuel Surcharoe nerAccountlRale adiustmew procedure 13 -x Billed Cubic Yard Compactor (Ha(ris Same) FEL Compactors ', i;i Billed extra pickup per FEL cubic yard ?•1 ,r,. Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RATE TO CUSTOMER- WASTE MANAGEMENT - BILLED: One Cart 2x Wk Each Addtl Cart 196 Galion I 315.90I :15.t10I RESIDENTIAL RATES TO CUSTOMER- WASTE MANAGEMENT- BILLED: Additonal Car! Garbage 2x Yard Trasn Ix Total Quarteny Quarterly Single Rome 1 Si 1.i8j "io.S14I 511.181 s 33.54 I S33.5<I WN164 Gallon Cart - Defaull Wei 36 Gallon Cart - Option Residential Cart Dolivery or Removal Charge - stop service or add'I cart 525.Or I Lost CartiCustomer Abuse Charge I I F75.t]Gj Nate: Handicap "backdoor' service at above .rales No additional cost 111 of 150 Container Coiling Pull Service Rolloff Service Rate Charge 15 Yard Open Top Per Pull ,i13 $99-00 20 Yard Open Top Per Pull $192.73 $99.00 30 Yard Open Top Per Full 5192.73 $99.00 40 Yard Open Top Per Pull $192.73 $99.00 20 Yard or less COMPACTION Conlainefs Per Pull $192.73 $120.04 21 to 40 yard COMPACTION containers Per Pull 5192.73 5120.90 ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES Minimum one haul per mpnln, no container service charge 111 of 150 LIN x � AST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 11 May 2016 Agenda Item Title: Waste Management Franchise Agreement Recommendation: Consider Waste Management's First Amendment to Franchise Agreement. Background: At the 13 April 16 Council meeting, Waste Management (WM) presented a proposal For a Franchise Agreement Modification. Section 13.22 of the Agreement is the subject matter of a possible modification. The proposed First Amendment to the Agreement is in Attachment 3. If Agenda Item Reauires Extiencliture of Funds: NIA Administrative Services Department/CFO Review: I ;Atir�chments: 1. Franchise Agreement b/t the City and Waste Management 2. Proposed Franchise Agreement Modification April 2016 3. First Amendment to Franchise Agreement City Manager Authorization: Date: 04 May 2016 112 of 150 FIRST AMENDMENT TO FRANCHISE AGREEMENT This First Amendment to Franchise Agreement ("Amendment") is hereby made and entered into this f 1 °i day of Mays 2016, between CITY OF SEBASTIAN, FLORIDA, ("City") and Waste Management Inc. of Florida, a Florida corporation, whose address is 2700 Wiles Road, Pompano Beach, FL 33073 ("Franchisee"). WITNESSETH WHEREAS, the City and Franchisee are parties to that certain Franchise Agreement dated June 12, 2013, for the provision of solid waste services within the City (the "Agreement"); and WHEREAS, the parties desire to amend Section 13.22 of the Agreement regarding a compressed natural gas fueling station and to add a commercial recycling promotional campaign to the Agreement; and WHEREAS, the parties agree that the amendments are desirable and in the best interests of the City and its residents. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: 1. Section 13.22 Compressed Natural Gas Fueling Station is deleted and replaced with the following: Franchisee shall contribute to the City Forty Thousand Dollars ($40,000.00) to be used by the City for investment in a compressed natural gas fueling station or for such other purpose as the City may determine is necessary or desirable. Payment of such amount shall be made on or before Auaust 1, 2016. 2. New Section 13.23 Commercial Recycling Campaign is added as follows: Franchisee will develop a promotional campaign to encourage businesses in the City to recycle. The promotional campaign shall commence May 1, 2016 and continue through August 31, 2016. Mechanical container (dumpster) recycling program will be available to all commercial businesses within City with container size of 2 or 4 yards serviced 1 x or 2x per week as appropriate for the specific commercial business. The promotional campaign will be promoted through inserts in invoices to current commercial customers, City Council meetings, City website and City TV, and other events. The first three months of commercial recycling will be without charge to the commercial customer provided that the customer signs up for same by August 31, 2016. 113 of 150 At the conclusion of the three month promotion, the following rates will apply: 2 -cubic yard container, serviced 1x perweek = $10.16 per month 2 -cubic yard container, serviced 2x per week = $21.16 per month 4 -cubic yard container, serviced 1x per week= $21,16 per month 4 -cubic yard container, serviced 2x per week = $43.16 per month These rates will increase annually by 10% starting January 1, 2017. In addition, Franchisee's commercial account manager will evaluate the customer's waste stream and service level to determine the appropriate sizing of garbage containers and potential cost savings for the commercial business by utilizing the Franchisee's commercial recycling program. 3. Except as amended herein, the Agreement shall remain in full force and effect as written. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. Attest: CITY OF SEBASTIAN By. Date: WASTE MANAGEMENT INC. OF FLORIDA, By:�\ _r Name and Title Witness Signatur Print Name.- Witness ame:Witness Signature &fe/e� Print Name: C f N (AFFIX CORPORATE SEAL) 114 of 150 STATE OF FLORIDA COUNTY OF 2. 9 -Lr> The foregoing instrument waste, p,knowledged before me this & day of7U�� 2016 by f!�YM6 a Ali-We-LKY!Y as MZ(« -LUt6Q-T of WASTE MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He/she is personally known,to me or has produced as identification. (NOTARY SEAL) SUSAN CHRISTA JOHNSON +} MY COMMISSION 9 FF 065349 N' 'T EXPIRES: January 29, 218 e0Fp.LV' 8�,IldBruUptNaBttySmizas N TARPS GNATURI- PRINTED NOTARY IGNATURE Notary Public, State of Commission Number: My Commission Expires: 3 115 of 150 City of Sebastian Solid Waste Franchise Agreement Modification Outline April 2016 WASTE MANAGEMENT City of Sebastian Franchise Agreement Modification April 2016 Commercial Recycling Promotional Campaign: Recycle '161 a. WM will develop a promotional campaign to encourage city businesses to recycle i. Promotion timeframe: May 1, 2016 — July 31, 2016 ii, Mechanical container (dumpster) recycling program available to all commercial businesses within City of Sebastian corporate limits 1. Container size of 2 or 4 yards serviced 1 x or 2x per week iii. Campaign promoted through WM commercial bill inserts, City Council meetings, City website, City TV, City Shredding and E -Recycling event and Community Clean Up iv. First three months of commercial recycling service is free (must sign up by July 31, 2016) v. Recycle '161 rates after 3 -months free promotion 1. 2 -cubic yard container, serviced lx per week = $10.16 per month 2. 2 -cubic yard container, serviced 2x per week = $21.16 per month 3. 4 -cubic yard container, serviced 1 x per week = $21.16 per month 4. 4 -cubic yard container, serviced 2x per week = $43.16 per month a. Pricing rates to adjust by 10% starting January 1, 2017 vi. Waste stream and service level evaluation from WM commercial account manager to determine right sizing of garbage containers and potential cost savings for business through instituting recycling Investment of $40,400 for Sebastian CNG Fueling Station a. WM to provide $40,000 for city investment in CNG fueling station i. Engineering consultation on construction from WM engineer ii. City will initiate natural gas service to fueling unit with Florida City Gas iii. Waste Management will purchase fuel from this station as needed to fuel its vehicles (annual volume TBC) III, Continued City Event and Community Partnership a. WM to continue its partnership with city events providing in-kind solid waste services b. WM/Sebastian Community Shredding and E -Recycle Event, April 23, 2016 c. WM/Sebastian Community Clean tap Day, April 23, 2016 116 of 150 Exhibit "A" City of Sebastian - Solid Waste Franchise Sebastian Effeclive 7/112013 F R E 0 U E N C Y (Includes Contalner Service Charge) 117 of 150 1 2 - 1Container 3 4 5 -116.6-a116.6-a- 6 ' Sorvico XPU l -1gt3.18 136 165,98 - 795.48 1645 I 16.00 S - 1 3 61.33 108.i8 - I I I 151-03 195,88 - 240.73 ---285.58 16.48 24.00 _ _...48 4 76.28 13G.08 ir15.88 255.68 315 - 5 375.28 16.48 32.00 z 1 - - 106.18 795.8 8 I 285.58 375.28 484 -- .98 - 554.&e -- - - 18.48 48,00 j E I { I - 8 136.08 255,88 375.28 494.88 614.48 734.08 16.48 64.00 6% Franchise Fee Included (n all charrses 3.45 B)led Cubic Yard 0.00 Billed Loose. Yawn 0.00 fuel Surcharae oerAccotintlRale adiustment procedure 13.80 Billed Cubic Yard Compactor (Harris Same) FEL Compactors 3.150 Billed extra pickup per FEL Cubic yard 24 OG Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RA 7-C TO CUS TQMl:R- WASTE MANAGEMENT • BILLED.- ILLED:One OneCalf 2x Wk Each Add17Cart (96 Gallon I, S15.901 __ $15,9of RESIDENTIAL RATES TO CUSTC)M R. WASTE MANAGEMENT. BILLED: Additonal Carl _ Garbace 2. Yard Trash lir Total Single Boma I S�1i.1Ei $O,nOI �571.18I 5 Quarterly 33.54 I Quarterly $33.54 1Ntvl 64 Gallon Cart• Data uil Wh1 36 Gallon Can - Oplian lResldential Cart Dallvary or Removal Charge -stop service oradd'i cart 525.013 ILost.CartlCustomarAbuse Charge J I Note: Handicap "backdcor" service at above rates. No additlortal cast. 575.00t Container Ceiling pull Rolloff 5ervlce Service _ Rate 1S Yard Open Top Per Pull - - Charge ----599,00 5192.7f 20 Yard Open Top Per Pull $192,73 30 Yard Open Top Per Pull 599.00 $192.73 40 Yard Open Top Per Pull $99.00 $192.73 20 Yard Or less COMPACTION ConlaMers Per Pull $99.00 $192.73 21 to 40 yard COMPACTION containers Per Pull $120.00 5192.73 ABOVE RATES ARE SUBJECT To ADDIT[ONAL LANDFILL FESS $120.00 Minlmum one haul per month, no container service charge 117 of 150 SECOND AMENDMENT TO FRANCHISE AGREEMENT This Second Amendment to Franchise Agreement ("Amendment") is hereby made and entered into this day of . 2017, between CITY OF SEBASTIAN, FLORIDA, ("City") and Waste Management Inc. of Florida, a Florida corporation, whose address is 2700 Wiles Road, Pompano Beach, FL 33073 ("Franchisee"). WITNESSETH WHEREAS, the City and Franchisee are parties to that certain Franchise Agreement dated June 12, 2013, for the provision of solid waste services within the City (the "Agreement') ; and WHEREAS, the City and Franchisee entered into that certain First Amendment to franchise Agreement dated May 11, 2016; and WHEREAS, the parties desire to amend Section 13.5 of the Agreement and to add a provision for the supply by Contractor of recycling containers (carts and dumpster) for use at City Hall and Barber Street Park; and WHEREAS,the parties agree that the amendments are desirable and inthe best interests of the City and its residents. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: 1. Section 13.5 is modified as follows: 13.5. Communitv and Special Event Cleanup, The Franchisee shall perform one community cleanup within the Residential Solid Waste Franchise Area each calendar year. The cleanup shall include electronics, paper shredding and white goods. The time and location of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. 2. Section 13.5.1 is deleted. 3. New Section 13,6.2 is added as follows: Franchisee will provide up to fifty (50) blue 64 -gallon Indian River County recycling carts for use at City parks and at City Hall. City staff will distribute and service the carts. Franchisee will provide a recycling dumpster at Barber Street Park in which City staff will deposit recyclables from the recycling carts at City parks. Franchisee will service the dumpster as part of a regular commercial recycling route. Franchisee will service the carts at City Hall as part of a regular recycling route. if additional City facilities require curbside recycling cart service, the City will advise the Franchisee and it will provide carts for the City to distribute. Such facilities will be added to a regular recycling route. 4. Except as amended herein, the Agreement shail remain in full forced of 150 effect as written. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. Attest: 3-1 Witness Signature: Print Name: Witness Signature: Print Name: STATE OF FLORIDA COUNTY OF CITY OF SEBASTIAN Date: FRANCHISEE: WASTE MANAGEMENT INC. OF FLORIDA Name and Title: (AFFIX CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of , 2017 by as of WASTE MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He/she is personally known to me or has produced as identification. (NOTARY SEAL) NOTARY SIGNATURE: PRINTED NOTARY SIGNATURE Notary Public, State of Commission Number: My Commission Expires: 119 of 150 MOF SES. T,.l HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 10 May 2017 Agenda Item Title: Indian River County (IRC) Burn Ban. Recommendation: Support IRC Burn Ban Background: Severe drought conditions continue through most of Florida. On 11 April 2017, Governor Scott issued a state of emergency in Florida due to the recent increase in wildfires and continued high potential for additional brush fires to develop across the state. Lower than normal winter rainfalls have caused IRC to experience extremely dry conditions. Moderate winds, low humidity, and dry vegetation are a concern for the spread of brush/wildland fires. The Keetch-Byram Drought Index, utilized in Florida, uses a scale from zero (extremely wet) to 800 (near -desert conditions). The average IRC drought index has been 559 recently. Effective 27 April 2017, Indian River County has declared a Iocal state of emergency due to the ongoing danger of wildfires (Attachment 2). A county- wide burn ban prohibits all outdoor burning that has not been specifically permitted by the Florida Forest Service. Bonfires, campfires, and the burning of vegetative (yard) debris are prohibited until further notice (Attachment 3). Notice of the IRC Burn Ban has been posted on COS -TV and the City website since Monday, 1 May 2017. When the Ban is cancelled by IRC the notices will be removed. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO Review: Attachments: 1. State of Florida Executive Order 17-120 2. IRC Local State of Emergency Proclamation 3. IRC Emergency Order 2017-001 City Manager Authorization: Date: 02 May 2017 120 of 150 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 17120 (Emergency Management/Wildfires) WHEREAS, much of Florida. including Central Florida and South Florida, is experiencing significant drought conditions; and WHEREAS, the Keetch-Byram Drought Index (KBDI) average for the State is currently 338 (0 represents saturated soil and vegetation conditions; 800 represents extremely dry soil and vegetation conditions), with the highest values, over 600, concentrated in Central and South Florida; and WHEREAS, according to the U.S. Drought Monitor, moderate to severe drought conditions are expanding across Central and South Florida and abnormally dry conditions exist across Northeast Florida and these conditions are likely to worsen over the next several weeks; and WHEREAS, currently, the Florida Forest Service has advised there are currently 107 active wildfires burning across the state which are affecting 23,827 acres of wildlands; and WHEREAS, there has been large fire activity in Polis County, County Road 630 wildfire, that has burned 5,500 acres and destroyed twelve homes and is still active; and WHEREAS, a large wildfire has occurred in Collier County, Lee Williams Road wildfire, that has burned 7,230 acres and destroyed four homes. and WHEREAS, a large wildfire has occurred in Marion County, NE 212 Road wildfire, that has burned 700 acres and destroyed one home: and WHEREAS, a large wildfire has occurred in Nassau County, Garfield Road wildfire. 121 of 150 that has burned 705 acres and destroyed two homes; and WHEREAS, a large wildfire has occurred in Bro«-ard County, Holey Land wildfire, that has burned 6,800 acres; and WHEREAS, a large wildfire has occurred in Hernando County, Water Tower wildfire, that has burned 1,100 acres; and WHEREAS, a large wildfire has occurred in Glades County, Ferguson wildfire, that has burned 465 acres; and WHEREAS, the Governor finds that lives and property statewide are now threatened by the imminent danger of wildfires that may start up at once in many different locations; and WHEREAS, precautions may be needed to protect the lives and property of the people in threatened communities, the natural environment, and the general welfare of the State of Florida; NOW, THEREFORE, 1, RICK SCOTT, as Governor of Florida, by virtue of the authority vested in me by Article 1V, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order, to take immediate effect: Section 1. Because of the foregoing conditions, 1 declare that the ongoing danger of wildfires threatens the State of Florida with a major disaster, and that as a consequence of this danger a state of emergency exists in the State of Florida. Section 2. l designate the Director of the Division of Emergency Management as the State Coordinating Officer for the duration of this emergency and direct him or her to activate the state's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Pursuant to section 252.36(l)(a), 122 of 150 Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)—(l 0), Florida Statutes, which he or she shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Office shall confer with the Governor and the Director of the Florida Forest Service to the fullest extent practicable. The State Coordinating Officer shall also have the authority to: A. Invoke and administer the Emergency Management Assistance Compact ("EMAC") (sections 252.921—.933, Florida Statutes) and other compacts and agreements existing between the State of Florida and other states, and the further authority to coordinate the allocation of resources from such other states that are made available to Florida under such compacts and agreements so as best to meet this emergency. B. Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency. C. Direct all state, regional and local governmental agencies, including law enforcement agencies, to identify personnel needed from those agencies to assist in meeting the needs created by this emergency, and to place all such personnel under the direct command and coordination of the State Coordinating Officer to meet this emergency; D. Designate Deputy State Coordinating Officers. The State Coordinating Officer shall have the authority to enter such orders as may be needed to implement any or all of the foregoing powers. Section 3. 1 order the Adjutant General to activate the Florida National Guard. as needed, to deal with this emergency, for the duration of this emergency. and I place the National Guard under the coordination and direction of the State Coordinating Officer. 3 123 of 150 Section 4. 1 delegate the State Coordinating Office the authority to coordinate and direct such aviation and/drone and ground resources of any and all state, regional, and local governmental agencies, including law enforcement agencies, as the State Coordinating Officer may designate for firefighting activities under the State Coordinating Office while this Executive Order remains in effect. Section 5. 1 find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to waive or deviate from the statutes, rules, ordinances, and orders they administer. Therefore, I issue the following; authorizations: A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the Governor may waive all statutes and rules affecting budgeting to the extent necessary to provide budget authority for state agencies to cope with this emergency. The requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such waiver issued by the Executive Office of the Governor. B. Each State agency may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delav necessary action in coping with the emergency. This includes, but is not limited to, the authority to suspend any and all statutes, riles, ordinances, or orders which affect leasing, printing, purchasing, travel, and the condition of employment and the compensation of employees. For the purposes of this Executive Order, "necessary action in coping with the emergency" means any emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); or, (2) 4 124 of 150 directed by the State Coordinating Officer. Any waiver of statutes, rules, ordinances, or orders shall be by emergency rule or order in accordance with sections 120.54(4) and 252.46, Florida Statutes, and shall expire thirty days from the date of this Executive Order, unless extended in increments of no more than thirty days by the agency, and in no event shall remain in effect bevond the earlier of the date of expiration of this Order, as extended, or ninety (90) days from the date of issuance of this Order. C. In accordance with section 252.38, Florida Statutes, each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: 1) Performance of public work and taking whatever prudent action is necessary- to ensure the health, safety, and welfare of the community; 2) Entering into contracts; 3) Incurring obligations; 4) Employment of permanent and temporary workers; 5) Utilization of volunteer workers; 6) Rental of equipment; 7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and, 8) Appropriation and expenditure of public funds. D. All agencies whose employees are certified by the American Red Cross as disaster service volunteers within the meaning of Section i 10, 120(3), Florida Statutes, may release any such employees for such service as requested by the Red Cross to meet this emergency. 5 125 of 150 E. The Secretary of the Florida Department of Transportation (DOT) may: 1) Waive the collection of tolls and other fees and charges for the use of the Turnpike and other public highways, to the extent such waiver may be needed to provide emergency assistance or facilitate the evacuation of the affected counties; 2) Reverse the flow of traffic or close any and all roads, highways, and portions of highways as may be needed for the safe and efficient transportation of evacuees to those counties that the State Coordinating Officer may designate as destination counties for evacuees in this emergency; 3) Suspend enforcement of the registration requirements pursuant to sections 316.545(4) and 320.0715. Florida Statutes, for commercial motor vehicles that enter Florida to provide emergency services or supplies, to transport emergency equipment, supplies or personnel, or to transport FEMA mobile homes or office style mobile homes into or from Florida; 4) Waive the hours of service requirements for such vehicles; 5) Waive by special permit the warning signal requirements in the Utility Accommodations Manual to accommodate public utility companies from other jurisdictions which render assistance in restoring vital services; and, 6) Waive the size and weight restrictions for divisible loads on any vehicles transporting emergency equipment, services, supplies. and agricultural commodities and citrus as recommended by the Commissioner of Agriculture, allowing the establishment of alternate size and weight restrictions for all such vehicles for the duration of the emergency. The DOT shall issue permits and such vehicles shall be subject to such special conditions as the DOT may endorse on any such permits. 6 126 of 150 Nothing in this Executive Order shall be construed to allow any vehicle to exceed weight limits posted for bridges and like structures, or relieve any vehicle or the carrier, owner, or driver of any vehicle from compliance with any restrictions other than those specified in this Executive Order, or from any statute, rule, order, or other legal requirement not specifically waived herein or by supplemental order by the State Coordinating Officer; F. The Executive Director of the Department of Highway Safety and Motor Vehicles {DHSMV) may: 1) Suspend enforcement of the registration requirements pursuant to sections 316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter Florida to provide emergency services or supplies, to transport emergency equipment, supplies or personnel, or to transport FEMA mobile homes or office style mobile homes into or from Florida. 2) Waive the hours of service requirements for such vehicles; 3) Suspend the enforcement of the licensing and registration requirements under the International Fuel Tax Agreement (IFTA) pursuant to Chapter 207 Florida Statutes, and the International Registration Plan (IRP) pursuant to section 320.0715, Florida Statutes, for motor carriers or drivers operating commercial motor vehicles that are properly registered in other jurisdictions and that are participating in emergency relief efforts through the transportation of equipment and supplies or providing other assistance in the form of emergency services; 4) Waive fees for duplicate or replacement vessel registration certificates, vessel title certificates, vehicle license plates, vehicle registration certificates, vehicle tag certificates, vehicle title certificates, handicapped parking permits, replacement drivers' licenses, and 7 127 of 150 replacement identification cards and to waive the additional fees for the late renewal of or application for such licenses, certificates, and documents due to the effects of adverse weather conditions; and, 5) Defer administrative actions and waive fees imposed by law for the late renewal or application for the above licenses, certificates, and documents, which were delayed due to the effects of adverse weather conditions, including in counties wherein the DHSMV has closed offices, or any office of the County Tax Collector that acts on behalf of the DHSMV to process renewals has closed offices due to adverse weather conditions. Recordkeeping and other applicable requirements for existing IFTA and IRP licensees and registrants are not affected by this order. The DHSMV shall promptly notify the State Coordinating Officer when the waiver is no longer necessary. G. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense up to a 30 -day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to- emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. H. All State agencies responsible for the use of State buildings and facilities may close such buildings and facilities in those portions of the State affected by this emergency, to the extent to meet this emergency. I direct each State agency to report the closure of any State building or facility to the Secretary of the Department of Management Services. Under the authority contained in section 252.36, Florida Statutes, I direct each County to report the closure of any building or facility operated or maintained by the County or any political 8 128 of 150 subdivision therein to the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of the Department of Management Services to: 1) Maintain an accurate and up-to-date list of all such closures; and, 2) Provide that list daily to the State Coordinating Officer. 1. All State agencies may abrogate the time requirements, notice requirements, and deadlines for final action on applications for permits, licenses, rates, and other approvals under any statutes or rules under which such application are deemed to be approved unless disapproved in writing by specified deadlines, and all such time requirements that have not yet expired as of the date of this Executive Order are suspended and tolled to the extent needed to meet this emergency. Section 6. All public facilities, including elementary and secondary schools, community colleges, state universities, and other facilities owned or leased by the state, regional or local governments that are suitable for use as public shelters shall be made available at the request of the local emergency management agencies to ensure the proper reception and care of all evacuees. Under the authority contained in section 252.36, Florida Statutes, I direct the Superintendent of each public school district in the State of Florida to report the closure of any school within its district to the Commissioner of the Florida Department of Education. Furthermore. 1 direct the Commissioner of the Department of Education to: A. Maintain an accurate and up-to-date list of all such closures; and, B. Provide that list daily to the State Coordinating Officer. Section 7. 1 find that the demands placed upon the funds appropriated to the agencies of the State of Florida and to local agencies are unreasonably great and may be inadequate to pay the costs of coping with this disaster. In accordance with section 252.37(2), 9 129 of 150 Florida Statutes. I direct that sufficient funds be made available, as needed, by transferring and expending moneys appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget Stabilization Fund. Section 8. All State agencies entering emergency final orders or other final actions in response to this emergency shall advise the State Coordinating Officer contemporaneously or as soon as practicable. Section 9. Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health. Section 10. Pursuant to section 501.160. Florida Statutes, it is unlawful and a violation of section 501.204 for a person to rent or. sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions, or equipment that is necessary for consumption or use as a direct result of the emergency. Section 11. Under the authority contained in sections 252.36(5)(a), (g), and (m), Florida Statutes, I direct that, for the purposes of this emergency, the term "essentials", as defined by section 252.359(2), Florida Statutes, shall be the same as and no more expansive than the term "commodity", as defined by section 501.160(l)(a), Florida Statutes (hereinafter referred to collectively or alternatively as "essential commodities"). Accordingly, any person who delivers essential commodities to a location in the area(s) declared to be under a state of 0 130 of 150 emergency by this Executive Order, and when necessary to ensure that those commodities are made available to the public, may travel within evacuated areas and exceed curfews, provided the State Coordinating Officer determines, after consultation with the appropriate Emergency Support Function(s), that: A. Law enforcement officials in the declared area(s) can provide adequate security to protect the essential commodities from theft; B. The weight of a delivery vehicle will not jeopardize the structural integrity of any roadway or bridge located within the declared area; C. Delivery vehicles will not negatively impact evacuation activities in the declared area(s); and. D. Delivery vehicles will not negatively impact any response or recovery activities occurring within the declared area(s). After consulting with the appropriate Emergency Support Function(s), and after consulting with local officials, the State Coordinating Officer may dictate the routes of ingress, egress, and movement within the declared area(s) that drivers must follow when delivering essential commodities. Provided he or she is actually delivering medications, any person authorized to deliver medications under chapter 893. Florida Statutes, qualifies as a person delivering essential commodities. In order to qualify as a person delivering essential commodities under this section, a person must be in the process of delivering essential commodities only. If an individual is transporting both essential and non-essential commodities, then this section shall not provide any authorization for that individual to enter into or move within the declared area(s). 131 of 150 Section 12. Consistent with Executive Order 80-29. nothing in this Order shall prevent local jurisdictions in any area not declared to be under a state of emergency by this Executive Order from taking prompt and necessary action to save lives and protect the property of their citizens, including the authority to compel and direct timely evacuation when necessary. Section 13. I authorize the Florida Housing Finance Corporation to distribute funds pursuant to section 420.9073, Florida Statutes, to any county. municipality, or other political subdivision Iocated within the area(s) declared to be under a state of emergency by this executive order. The authority of the Florida Housing Finance Corporation to distribute funds under this state of emergency shall expire six months from the date of this Order. Section 14. All actions taken by the Director of the Division of Emergency Management with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from this date unless extended. ATTEST: SECRETARY OF TATE IN TESTIMONY WHEREOF. I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed. at Tallahassee. this 11 cn day of April, 2017. GOVERN R 12 132 of 150 BOARD OF COUNTY COMMISSIONERS PROCLAMATION DECLARING A LOCAL STATE OF EMERGENCY IN INDIAN RIVER COUNTY, FLORIDA, IN CONNECTION WITH WILDFIRES WHEREAS, on April I 1"', 2017, Governor Rick Scott. in his capacity as Governor of the State of Florida, issued Executive Order Number 2017-120, declaring a state of emergency exists in the State of Florida due to the ongoing danger of wildfires, and WHEREAS, pursuant to section 101.10(1) of the Code of Indian River County, and Resolution 2016-120 of the Board of County Commissioners. the County Administrator/Indian River County Emergency Services District Director Is authorized to declare a local state of emergency upon making a determination that a natural disaster has occurred or is imminent, requiring immediate and expeditious action. NOW, THEREFORE, in my capacity as County Administrator and Indian River County Emergency Services District Director. I hereby (1) determine that, by reason of the ongoing danger of wildfires. the threat of a natural disaster has occurred or is imminent, requiring immediate and expeditious action, and (2) declare that a local state of emergency exists in all of Indian River County, Florida, effective as of 3 p.m.. on this 27`i' day of April, 2017. l I" Jason E. Bro% n, Indian Iver County Administrator and In ian iver County Emergency Services District ' ctor OFFICE OF THE CO UNTY A DMINIS TRA TOR INDIAN RIVER COUNTY 1801 27'h Street, Vero Beach, FL 32960-3388 Phone: 772-226-1408 - Fax: 772-978-1822 C:1UsersldroylappDatalLucat111icrosoft\Windows\Tcml)orary Internet FileslContent.Outlook\EKNE6011BU0I6 Declaration -Local Emergency (State Declared- Administrator)(Fire).doc 133 of 150 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY EMERGENCY ORDER 2017-001 WHEREAS, on April i I'h, 2017, Governor Rick Scott. Governor of the State of Florida. issued Executive Order Number 2017-120, declaring a state of emergency exists in the State of Florida due to the ongoing danger of wildfires; and WHEREAS, on April 27th. 2017, I. in my official capacity as County Administrator and Indian River County Emergency Services Director. and acting pursuant to section 101.10(1) of the Code of Indian River, and Resolution 2016-120 of the 13oard of County Commissioners. declared that a local state of emergency exists in all of Indian River County, Florida, by reason of wildfires; and WHEREAS, by reason of such declarations of a state of emergency, and pursuant to the authority granted in me in my, capacity as County Administrator and Indian River County Emergency Services District Director. I am authorized to enter emergency orders necessary to ensure the health, safety and welfare of the residents of Indian River County. including, without limitation, those orders authorized in chapter 252. Florida Statutes. and chapter 101 of the Code of Indian River County, and other applicable law: NOW, THEREFORE, this Emergency Order is issued declaring a countywide, mandatory burn ban that prohibits all outdoor burning that has not been specifically permitted by the Florida Forestry Service. Bon tires, campfire. and the burning ol' vegetative (yard) debris is not allowed at this time. THIS EMERGENCY ORDER shall be in effect throughout Indian River County from 3 p.m. on April 27th, 2017 until 3 p.m. on May 4th , 2017, or until further order. DONE AND ORDERED this 27`h day of April, 2017 Jason F. and In District Indian River County Administrator er County Emergency Services OFFICE OF THE COUNTY ADNUIVISTRA TOR INDIAN RIVER COUNTY 180127"' Street, Vero Beach, FL 32960-3388 Phone: 772-226-1408 - Fax: 772-978-1822 CaUsersldroylAppUatalLocall,llicrosoft\N%'induwslTempor,iry Internet Files\Content.Outlook\EK\E6013BU016 Master Emergency Order IReso)(Burn Ban).doc 134 of 150 rnY lf SEBAST!AN HOME OFIPELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 10 May 2017 Agenda Item Title: ShrimpFest & Craft Brew Hullabaloo Recommendation: Authorize City Sponsored Event Status for "ShrimpFest & Craft Brew Hullabaloo." Background: Organizers of the "ShrimpFest & Craft Brew Hullabaloo" (event) have met with the City Manager requesting support to move the festival to Sebastian's Riverview Park and to request City Sponsored Event Status. The event has been a City of Fellsmere festival sponsored by the Rotary Club of Sebastian (Rotary) and the Exchange Club of Fellsmere (Exchange). Rotary and Exchange wish to model the event after the Sebastian Clambake as some of the principals of the event are principals in the Clambake Foundation. This request is to make the event an annual three (3) day weekend festival. The 2018 request would be for the weekend of 16/17/18 March 2018. Since the event would mirror the Clambake, it is appropriate to consider any costs the City incurs for the Clambake. The City reimburses the Clambake `up to' $5,000 for advertising. In addition, employee overtime, comp time, and regular time amount to approximately 200-230 hours equating to about $5,000. That amount does not include time City employees assist the Clambake volunteers during the set-up period before the Clambake. The ShrimpFest event would be a charitable function to raise funds for distribution to assist in youth recreation activities in North Indian River County. The City Staff that would act in `physical' support of the event has been enthusiastic in its endorsement of the event. With the proviso that organizers supply necessary documents on the same level required of the Clambake Foundation, Staff is recommending approval of the concept for the event. Upon approval of the event concept, Staff will work with event principals on a formal agreement for presentation to Council. If Agenda Item Reauires Expenditure of Funds: NIA Administrative Services Department/CFO Review:�,•�-� J Attachments: 1. February 2017 ShrimpFest Flyer 2. ShrimpFest Purpose & Description — 2017 3. ShrimpFest Operating Rules & Procedures City Manager Authorization: Date: 02 May 2017 135 of 150 ltd ShrimpFest & Craft Brew Hullabaloo features FREE entry, parking and shuttle buses, live music, exciting kids' activities and tons of family fun! Pair your delicious shrimp with the newest beers created by Craft Brewers at the Craft Beer Tasting Garden. Feb 25th & 26th 2017 Sat 9am-9pm Sun9am-Spm Vendors open 9am Ticket booths and beer trucks open loam Food booths open llam Click here fe_r_ �pnd direc[ionf ShrimpFest & Craft Brew Hullabaloo is an annual 2 -day celebration of America's most loved seafood, held in the historic town of Fellsmere, Florida! The weekend long festival, brought to you by the Rotary Club of Sebastian and the Exchange Club of Fellsmere, will raise funds to support youth sports and organizations throughout North Indian River County. We invite you and your family to join us for this fun-packed festival and to enjoy delicious Florida all -natural shrimp. These succulent shrimp will be prepared in a variety of mouth-watering recipes by your favorite local restaurants. Yummy non -seafood and kid -friendly food options will be available throughout the festival as well. oraNy Rotary Ao 2T`cRNAr ��2P Sebastian Florida 4�F'�S.ShtER�,F f � (o � :73 �r BEFN K ShrimpFest & Craft Brew Hullabaloo is a unique event that is possible solely through the hard work and dedication of our volunteers and sponsors. To volunteer for this year's festival, click here. Festival sponsorships are for 2019 available, clitt liere to learn more! For more information about the festival please send an email to: info@shrimpfasti'l.com Rotary Sebastian Florida The Rotary Club of Sebastian is dedicated to providing business, professional and community leaders an opportunity far service to others in order to benefit our community and to promote high ethical standards, fellowship and goodwill worldwide. To learn more about the Rotary Club of Sebastian, please visit www.sebastianrotarv.com °.EXCHANGErE The Exchange Club of Felismere is one of over 6S0 Exchange Clubs across the nation. The main focus of Exchange is the prevention of child abuse, with over Bo child abuse prevention centers located throughout the United States, including one in Indian River County. The Fellsmere Exchange Club also supports Americanism, community service and many youth programs throughout the area. For more information about the Exchange Club of Fellsmere, visit www.nationalexchangaclub.arg We look forward to seeing you at the 2017 ShrimpFest & Craft Brew Hullabaloo! For more information about beneficiary, vendor, and sponsorship opportunities please send an email to: info@shrimpfestfl.com To volunteer for this year's festival, click here. Each seafood plate comes complete with a wine or beer recommendation to accent the unique flavors of the dish. Saut6ed Garlic & Butter Shrimp Delicious shrimp tossed in a savory garlic butter sauce and served steaming. OSCEOLA BISTRO Y fresh !oral teed Shrimp N' Grits Southern -style Fontina and Parmesian cheese grits, sauteed with flavorful South Florida shrimp. Vuli!1�lj _ Kevlime Shrimp Cocktail Yum, Shrimp with a Kevlime cocktail sauce. 136 of 150 ShrimpFest & Craft Brew Hullabaloo The purpose: The ShrimpFest & Craft Brew Hullabaloo event is to raise funds for youth sports and other organizations in the North Indian river county area. We would like to hold the event in Riverview Park and the event to be city sponsored. The Rotary Club of Sebastian Inc. and The Exchange Club of Fellsmere are the host clubs of this event. Proceeds will be distributed through the Rotary Club of Sebastian Recreation Foundation, Inc., for charitable or public purposes within the guidelines of section 501(c)(3) of the IRS code. Festival description: The festival will have food prepared by local chefs, live music all weekend from a variety of regional bands, free entry, parking, exciting kids' activities with Home Depot sponsoring a kid's craft building program and tons of family fun! The event will also have many craft vendors that will have a variety of products for the festival goers to purchase. Youth recreation demonstrations are organized by the beneficiaries throughout the weekend event to showcase our community programs. During the weekend, a classic car and motorcycle show are also planned with a special craft beer tasting event that will feature local Florida pro brewers and homebrew clubs Host Responsibilities: Host clubs will provide all applicable licenses, equipment and insurance. It will also be the club's responsibility to provide volunteers for parking. Benefits of the festival: The net proceeds are to benefit The Rotary Club of Sebastian Inc., The Exchange Club of Fellsmere and the Beneficiaries. In two years, the event has raised and distributed the following amounts to north Indian River youth programs. 1. Sebastian Soccer 2. SRHS Boys and Girls $5500 $5500 11 P ,, 137 of 150 3. Sebastian River Crew $5500 4. Boys and Girls Club Fellsmere $5500 5. Sebastian Sharks Youth football & Cheerleading $5500 6. SRHS Girl's lacrosse $5500 7. SRHS Interact Club $2000 8. SRHS Girls Basketball $1500 Total direct to Beneficiaries $36500 Future possible Beneficiaries include the SRHS swim teams and bowling team Rotary Club of Sebastian has received for their programs $17701.42 [these monies are also distributed to youth groups in the north county] Exchange Club of Fellsmere has received for their programs $8557.16 Florida Aquaculture foundation 2016 (no longer involved) $4241.42 Grand total for 2 years given to the community programs $67,000 With this event becoming a Sebastian city sponsored event we hope the city would apply to become a beneficiary for moneys that would improve the city and their recreational activities. 4/17/2017 21..,,. 138 of 150 RE: ShrimpFest & Craft Brew Hullabaloo 2017 Sponsorship Opportunity n To Whom It May Concern, 10 ShrimpFest & Craft Brew Hullabaloo 2017 is an annual 2 -day celebration of America's most loved seafood, to be held in the historic town of Feilsmere, Florida on February 251h and 261h of 2017. Last year, more than 15,000 guests attended the first annual ShrimpFest. We anticipate an even better turnout this year! ShrimpFest & Craft Brew Hullabaloo is a free community event that will feature delicious shrimp dishes prepared by a variety of Indian River County restaurants, as well as beer and wine tastings, complimentary children's' activities, local crafts and more. The weekend long festival will raise funds to support youth sports organizations and clubs throughout North Indian River County. Last year, proceeds raised during the event provided $50,000 in funding to 6 local non-profit youth recreation organizations. Additional funds raised during the event are also utilized to support beneficial community programs created by the event organizers, the Rotary Club of Sebastian and the Exchange Club of Fellsmere. We hope you will consider joining us in support of this beneficial community event. Please find included with this letter our sponsor packet, which details every level of sponsorship available, as well as the unique benefits you will receive in appreciation of your support for this exciting fundraiser. If you have any questions about ShrimpFest & Craft Brew Hullabaloo, the sponsor application or our non-profit partners please feel free to contact me at your convenience. On behalf of the event committee, we appreciate your time and consideration of the second annual ShrimpFest & Craft Brew Hullabaloo. Sincerely, Marc Gingras ShrimpFest & Craft Brew Hullabaloo Committee Chairperson Website: www.shrimpfestfl.com Email: Info@shrimpfestfl.com 139 of 150 ShrimpFest & Craft Brew Hullabaloo Rotary Club of Sebastian, Inc. with The Fellsmere Exchange Club Operating rules and procedures Rule I -Purpose: The purpose of the ShrimpFest & Craft Brew Hullabaloo committee is to organize the annual event. The event will be held in the City of Fellsmere. Proceeds are to benefit The Rotary Club of Sebastian Inc., it's beneficiaries and The Exchange Club of Fellsmere. Proceeds will be distributed through the Rotary Club of Sebastian Recreation Foundation, Inc., for charitable or public purposes within the guidelines of section 501(c)(3) of the IRS code. Rule II -Committee member duties and election: All committee powers shall be exercised by or under the authority of The Rotary Club of Sebastian Inc, hereby known as RCOSI. (A) The committee shall have a minimum of 8 members approved by the RCOSI board of directors, hereby known as BOD, before the annual fiscal year. (B) The Chairperson (non-voting) and Vice Chairperson (voting) shall be appointed by the BOD at the Ist BOD meeting in the new RCOSI fiscal year, July in the prior year to the event. I I P a g e 140 of 150 (C) The Chairperson and Vice Chairperson of the ShrimpFest & Craft Brew Hullabaloo committee shall immediately appoint the remaining b members of the committee, to include 4 voting members from The Rotary Club of Sebastian and 2 voting members from the Exchange Club of Fellsmere. Once appointed, the BOD shall approve the committee members no later than the next monthly meeting. (D) The Chairperson and Vice Chairperson shall immediately appoint one of the members to be the Treasurer and one to be the Secretary of the committee. The appointments must be approved by the BOD no later than their next meeting. Rule III -Duties of the committee: (A) The Chairperson shall preside at all meetings of the committee. (B) The Vice Chairperson shall preside in the absence of the Chairperson. (C) The Secretary shall keep the minutes of all meeting's as follows: 1) Prepare for the Chairperson a memorandum of unfinished business and make a copy of the last meetings minutes. 2) Minutes shall be distributed within 10 days to all members. 3) Keep a book of minutes. (D) The Treasurer shall collect all monies from the event and keep an active record. He/she shall pay all bills and submit a report at each regular meeting. The Treasurer's report shall be submitted for audit by June Ist and a report shall be submitted to the BOD with the result of the audit. Rule IV- Committee vacancy and performance: (A) A vacancy of the Chairperson or Vice Chairperson shall be filled by the BOD. (B) Any vacancy which occurs in the committee shall be filled by the chairperson and approved by the BOD. (C) A committee member who does not perform their duties, may be removed by the BOD, upon the recommendation of the committee. 2 1 P a - 141 of 150 Rule V- Meetings: (A) Meetings of the committee shall be called by the Chairperson. (B) The committee shall meet regularly on the (1st) Wednesday of each month at 5:30pm at 1627 US 1 Sebastian Florida, 2nd floor conference room. (C) A special meeting can be called by the Chairperson or Vice Chairperson and by request of a committee member, provided all committee members have been notified at least 5 days prior to the meeting. (D) The annual meeting of the committee shall be held on or before July 1 st or the next business day. All committee member appointments will expire at the annual meeting and the Chairperson and Vice Chairperson appointed by the BOD, shall be installed. The remainder of the committee shall be appointed pursuant to the rules. (E) The committee members present shall constitute a quorum. (F) No proxy voting. (G) Business of the committee may be transacted by mail or byany other method of communication, electronic or otherwise. Rule VI- Duties of the Committee: (A) All committee members will be assigned duties by the committee to be performed before, during and after the festival. (B) The duties shall include but are not limited to the following: Food/Restaurants, Event site, Volunteers, Sponsors, Entertainment, Vendors, Marketing, etc. Rule VII- ShrimpFest & Craft Brew Hullabaloo proceeds: The proceeds from the annual ShrimpFest & Craft Brew Hullabaloo shall be distributed through the Rotary Club of Sebastian Recreation Foundation, Inc. in accordance with the following: (A)The net proceeds will be divided among the Beneficiaries (52%), the Exchange Club of Fellsmere (18%) and the RCOSI (30%). 31Dage 142 of 150 B) In the event the net proceeds to be distributed to each Beneficiary do not total at least $2,500.00, the Rotary Club of Sebastian Inc. and the Exchange Club of Fellsmere's total percentage of net proceeds received shall be reduced from 30% to 25% and from 18% to 13%, respectively, with said reduction in percentages being directed to and divided among the Beneficiaries. (C) The Beneficiaries shall be in the North Indian River county area from 77th Street North to the County Line. (D) Determination of funding availability for Beneficiaries, the Exchange Club of Fellsmere and RCOSI shall be as follows: 1. Operational expenses for the Shrimpfest event year shall be deducted from the gross revenue. 2. Anticipated seed money for next year's event, shall be deducted from the net revenue. (D) All distributions must be approved by the committee, the BOD and the Rotary Club of Sebastian Recreational Foundation Board of Directors. Rule VIII- Restaurant sponsors: Each restaurant chosen will be the sponsor of a Beneficiary. (A) There shall be a minimum of 7 restaurants chosen to sponsor 7 Beneficiaries. (B) The sponsoring restaurants shall be determined by the Shrimpfest committee with final approval by the BOD. (C) The committee shall meet no later than Sept 1 st of the prior year to interview and select the restaurants with the final approval of the BOD at their next meeting. (D) The restaurants will provide all ingredients at their expense to produce a shrimp dish, except for the shrimp, which will be provided by the committee. (E) The final restaurant will be The Rotary Club of Sebastian and The Exchange Club of Fellsmere. Their beneficiary will be the Interact Club of Sebastian River High school. 41 Page 143 of 150 IX- Beneficiaries: All Beneficiaries shall be determined by the committee with final approval by the BOD. (The Interact club of Sebastian River High School shall be an annual beneficiary for the Rotary and exchange club restaurant.) (A) Applications for Beneficiaries shall be placed on the ShrimpFest & Craft Brew Hullabaloo official website as determined by the committee. (B) All applications must be submitted and received by October 15th of the year prior to the event. (C) The committee shall meet no later than November 15st of the prior year prior to the event, to interview and vote on the Beneficiaries. (D) The BOD shall have final approval of all Beneficiaries. The board must meet no later than the 2nd Monday of December of the prior year to the event, to review and vote final approval. X- Parliamentary Authority: All meetings of the committee shall be conducted by the rules of parliamentary procedure, using the basic current edition of "Robert's Rules of Order, Revised" and Rotary International Rules. XI- Amendments: The operating rules and procedures can be amended at any regular committee meeting by an affirmative vote, provided there are 213 of the members present and provided that members receive at least 30 days' prior written notice of the proposed change. Any changes must be approved at the next BOD meeting by a majority vote. XII- Dissolution of the committee and the ShrimpFest & Craft Brew Hullabaloo In the event that the committee and ShrimpFest & Craft Brew Hullabaloo event dissolves, any and all remaining funds shall be distributed as specified in Rule VII (A) and must remain in the scope of the I.R.S Section 501(c)(3), or any amendments thereto. Revision date: Tuesday, August 02, 2016 5 1 P a a e 144 of 150 s ShrimpFest Beneficiary Application p Y pp ShrimpFest & Craft Brew Hullabaloo is a unique collaboration between the Rotary Club of Sebastian and the Exchange Club of Fellsmere that takes place on the 3" weekend of March annually The event will serve as an opportunity for non-profit North Indian River County youth sports and other organizations to raise funds for the operation of their team or club. Organizations MUST be located between 77th Street north to the north county line. This application will be reviewed by the event committee and the Sebastian Rotary Board of Directors. All decisions are final and cannot be appealed. Name of Organization: Name of Parent Organization (as it appears on Tax ID): # of Youths to Benefit: Non -Profit Tax ID #: Gross Funds Raised in Previous Year: How will proceeds from ShrimpFest be used to benefit your organization? 5hrimpFest is a two-day event that takes place during the last weekend of February. Chosen beneficiaries will be assigned a partner restaurant by the event committee. Beneficiaries will be required to supply a sufficient quantity of volunteers to setup on Friday, cook and clean up on Saturday and Sunday, and help break down the event on Sunday night. A member of your organization WILL BE REQUIRED to attend informational meetings prior to the event. Please assign someone that will bring this information back to your organization. Contact Person: Phone: Email: Organization Mailing Address: Beneficiary Applications should be mailed to Sebastian Rotary Foundation, PO Box 781783, Sebastian, FL 32978 and MUST be received prior to November 15th, 2015. A member of the ShrimpFest event committee will be in touch with the contact person listed above once the application is received and processed. Thanking you in advance for your support and partnership in the success of our Event! 4/17/2017 145 of 150 On a SEBAS-TI-AN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 10 May 2017 AGENDA ITEM TITLE: City Council Goals and Objectives FYI 7/18 RECOMMENDATION: Prioritize and Set Goals for FYI 7/18 BACKGROUND: Resolution R-12-08 provides that "City Council shall annually conduct a workshop following the general election and prior to the start of the budget preparation process to discuss and review goals and objectives for the City and convey those goals to the Charter Officers. " In an effort to complete the City Council FY17/18 proposed budget — City Council Goals and Objectives page, it is requested that Council discuss goals and objectives for the next fiscal year for inclusion in the budget document. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO Review: I n J Attachments: City Manager Authorization: Date: 02 May 2017 1. R-12-08 2. FYI 6/17 Council Budget 146 of 150 RESOLUTION NO. R-12-08 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-10-05, PROVIDING FORAN ANNUAL GOAL SETTING WORKSHOP AND PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to conduct an annual workshop with the Charter Officers following the general election and prior to the annual budget process to memorialize the goals and objectives of City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: Section 1. GOAL SETTING WORKSHOP. City Council shall annually conduct a workshop following the general election and priorto the start of the budget preparation process to discuss and review goals and objectives for the City and convey those goals to the Charter Officers. Section 2. CHARTER OFFICER EVALUATION PROCEDURES. The City Council shall receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Coastal Florida Public Employees Association (PEA) from Human Resources staff by May 1" of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis. City Council, at a Regular Meeting in June of each year, shall publicly evaluate and act upon any merit increases for the City Manager, City Attorney, and City Clerk under City Council Matters. Section 3. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are hereby repealed, including R-10-05. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by G i 11 m o r . The motion was seconded by Wright and, upon being put into a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Don Wright Council Member Andrea Coy Council Member Richard Gillmor Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed, and adopted this&n1day of 2012. CITY F SEB STIAN — 1 Hili, Mayor ATTEST: Sally A. Maio, C , City Clerk Appr`oy s to form and legality for roll ncc of3�bastialy: Robert A. Ginsburg, City AttoTn oo 6e -y 147 of 150 (CITY OF SEBASTIAN, FLORIDA 2016/2017 ANNUAL BUDGET CITY COUNCIL City Council is the elected governing body for the City of Sebastian and serves in a legislative capacity. City Council directs the offices of the City Manager, City Attorney and City Clerk, adopts the City's annual budget, adopts and amends the Code of Ordinances and LDC, hears appeals to decisions of the Planning and Zoning Commission, acts as the Community Redevelopment Agency and Board of Adjustment, and hears citizen concerns and ideas at Council meetings, through public forums and by individual contact. Individual members represent the Council on various County and regional boards. FISCAL YEAR 2016 ACCOMPLISHMENTS ✓ Maintained municipal service delivery, established a Citizen Request hotline. ✓ Protected the Indian River Lagoon by enhancing storm water management, installation of baffle boxes, and installation of oyster bags. ✓ Maintained excellence of the Police Department — worked on traffic calming procedures. ✓ Maintained roads, drainage and ditches. ✓ Approved the SandCrest PUD development. ✓ Worked to protect landscaping and defined parking regulations during events in Riverview Park. ✓ Through enhanced enforcement and code revision, readdressed the proliferation of signs throughout the City. FISCAL YEAR 2017 GOALS AND OBJECTIVES City Goal: Direct Overall Municipal Service Delivery with specific focus on: Maintaining municipal service delivery, continuing the hotline and good customer service. ➢ Protect the Indian River Lagoon through storm water management, restoration of oyster beds, blading of grass along roadways to ensure proper runoff, and participation on Indian River Lagoon Coalition board. ➢ Identify critical road repair challenges and deploy maintenance. ➢ Seek community input to enhance parks and recreation amenities, formulate a parks master plan. ➢ Continue to operate with a fiscal conservative standard. PERFORMANCE MEASURES Actual Actual I Actual Projected Projected `Performance Indicators 2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 INumberofCouncil Meetings Conducted 26 22 22 24 22 INumberofCRA Meetings Conducted 4 3 6 5 5 INumberofBoard of Adjustment Meetings Conducted 2 7 1 4 2 INumberofOrdinances Adopted 12 5 8 8 5 of Resolutions Adopted 35 38 33 35 35 INumber Number ofBoard Appointments 17 18 19 30 20 52 148 of 150 CITY OF SEBASTIAN, FLORIDA 2016/2017 ANNUAL BUDGEA PROGRAM BUDGET DESCRIPTION FOR CITY COUNCIL STAFFING 15116 16117 NATURE OFACTIVITY Regular and Special Meetings -Preparation and attendance at meetings (24 regular City Council and other CRA, Board of Adjustment and Council workshops/special meetings). Responsible for all 3.00% 35.00% legislative functions of City Govemment, including the establishment of laws and policies, and appointing qualified citizens to boards and committees. 10.00% 10.00% Citv Functions and Events - Attendance at functions. Public relations. 25.00% 25.00% Conference. Legislative, Counil State, and Local Meetings - Attendance at assigned County and regional meetings. City representation at all levels ofgovemment and intra -governmental affairs. 30.00% 30.00% City Problems and Complaints -Assisting Citizens in referring complaints and problems to the City Manager for follow-up. 100.00% 100.00% CITY COUNCIL BUDGET SUMMARY The Fiscal Year 2016-2017 adopted budget for City Council is $53,889. This compares to the 2015.2016 projected expenditures of $50,179, an increase of $3,710 or 6.90%. Amended Projected Adopted FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 15-16 FY 16-17 Actual Actual Actual Budget Expenditures Budget Difference Personal Services $ 22,724 $ 22,723 $ 22,747 $ 22,762 $ 22,762 $ 22,764 $ 2 Operating Expenditures 26,885 27,217 27,775 30,971 27,417 31,125 3,708 Capital Outlay - - - - - - - Total $ 49,609 $ 49,940 $ 50,522 $ 53,733 $ 50,179 $ 53,889 $ 3,710 Fiscal Year 2016-2017 Adopted Budget: Major Current Level Changes from Fiscal Year 2015-2016 Projected Expenditures: Difference 1. Personal Services - Slight increase in worker's compensation insurance $ 2 2. Operating Expenditures - Increase due to projected new members training and equipment $ 3,708 3. Capital Outlay - No capital outlay requested. $ - 53 149 of 150 IC'I"'T'Y"'O'F''S"E"B''"A'S''T'IA'''N'','''F, L.ORI..DA,. ..2.016/ 2017 ANNUAL U. At L BUDGE, T 1 s� PERSONAL SERVICES SCHEDULE CITY COUNCIL Projected Adopted PAY FULL TIME EQUIVALENTS Expenditure Budget POSITION RANGE GRADE 14-15 15-16 16-17 15-16 16-17 Mayor 5,400 N/A 1.00 1.00 1.00 $ 5,475 $ 5.400 Vice -Mayor 3,600 N/A 1.00 1.00 1.00 3,600 3,600 Council Member 3,600 N/A 3.00 3.00 3.00 10,800 10,800 5.00 5.00 5.00 TOTAL SALARIES $ 19,875 $ 19,800 Temporary Salaries - - FICA Taxes 2,897 2,913 Workers Compensation Insurance 49 51 Total Personal Services $ 22,821 S 22,764 CITY COUNCIL Code: 010001 Amended FY 16/17 Account FY 12/13 FY 13/14 FY 14/15 FY15/16 FY 15/16 Adopted Number Descrintion Actual Actual Actual Budget Projected Bu_ deet PERSONAL SERVICES 511200 Legislative Salaries 19,800 19,800 19,800 19,800 19,800 19,800 511300 Temporary salaries 0 0 512100 FICA Taxes 2,892 2,892 2,892 2,913 2,913 2,913 512400 Worker's Comp Insurance 32 31 55 49 49 51 TOTAL PERSONAL SERVICES 22,724 22,723 22,747 22,762 22,762 22,764 OPERATING EXPENDITURES 534000 Travel & Per Diem 21,038 22,145 22,486 24,000 22,500 24,000 534101 Telephone 112 102 0 0 0 0 534105 Cellular Telephone 869 880 600 1,020 650 900 534110 Internet Access 0 1 32 0 0 0 0 534630 R & M Office Equipment 500 0 18 66 0 100 534640 R & M Operating Equipment 0 0 534800 Promotional Activities 500 65 800 860 557 300 534995 Litigation Expenditures 0 0 535200 Departmental Supplies 538 380 464 550 550 550 535210 Computer Supplies I 957 1,043 451 500 0 1,500 535410 Dues and Memberships 200 200 200 200 200 200 535420 Books and Publications 96 0 111 125 90 125 535450 'Training and Education 2,075 2,370 2,645 3,650 2,870 3,450 TOTAL OPERATING EXPENDITURES 26,885 27,217 27,775 30,971 27,417 31,125 CAPITAL OUTLAY 606400 Vehicles and Equipment 0 0 0 0 0 0 TOTAL CAPITAL OUTLAY 0 0 0 0 0 0 TOTAL CITY COUNCIL 49,609 49,940 50,522 53,733 50,179 53.889 54 150 of 150