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Home My WebLink About08-09-2017 CC Agenda PacketCITY Cf !SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, AUGUST 9, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITE=MS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION — Deacon John Dunlop, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE 4, ROLL CALL I 'I IIll[�111 yLf7 tlr[�7r•I`' 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. Brief Announcements 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. if a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 4-11 A. Approval of Minutes — July 26, 2017 Regular Meeting 17.094 B. Waste Management Notice of CPI Increase (Transmittal, Correspondence, 0-13-03) pgs 12-56 17.130 C. Approve Road Closures and Use of City Mobile Stage for 2017 SRHS Homecoming pgs 57-58 Celebration for Saturday, September 30, 2017 (Transmittal, E-mail) 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. 17.115 A. Parks and Recreation Advisory Committee pgs 59-67 (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member Position — Term to Expire 5/31/2018 9. PUBLIC HEARINGS - None 1 of 154 10. UNFINISHED BUSINESS 17.102 A. Approve Amendment to F.I.N.D. Agreement #IR -SE -15-58 for Working Waterfront pgs 68-102 Improvements and Authorize the City Manager to Execute Appropriate Documents (Transmittal, Agreement, Memos, Amendment) 17.023 B. Update on Fiscal Year 2017/2018 Budget Recommendations (Transmittal, PPT) pgs 103-119 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 12. NEW BUSINESS 17.131 A. Presentation by Gehring Group, City Insurance Consultants; Employee Health, pgs 120-154 Dental, Vision Insurance (Transmittal, PPT, RFP Review) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Coy B. Council Member Dodd C. Council Member Hill D. Council Member Kinchen E. Mayor McPartlan 17. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meetina Dates: August 23, 2017 Regular City Council Meeting September 13, 2017 Regular City Council Meeting Monday - September 18, 2017 Special Meeting — 1st Public Hearing on Millage & Budget September 27, 2017 CRA & Regular City Council Meeting — Final Public Hearing on Millage & Budget October 11, 2017 Regular City Council Meeting October 25, 2017 Regular City Council Meeting 2 of 154 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-90 Requiar Citv Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinqs. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealinq Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headinq on Aqenda 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. 3 of 154 am of SEBASTii� �N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL & COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES WEDNESDAY, JULY 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. Rabbi Michael Birnholz of the Temple Beth Shalom 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 Acting City Attorney Cynthia VanDeVoorde Hall in Robert A. Ginsburg's Absence City Clerk Jeanette Williams Administrative Services Director Ken Killgore Airport Director Scott Baker Community Development Manager Dorri Bosworth Police Chief Michelle Morris 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. 17.126 A. Presentation: Anui Chokshi, Florida Power & Liaht Company Solar Proiects Manaqer Mr. Chokshi introduced himself and presented a PPT on FPL's SolarNow Program. (See attached) He said customers contribute $9.00 a month to support solar energy throughout the state and FPL works with the host to identify locations for solar projects within the communities such as the solar trees. His presentation included proposed solar canopy and tree structures to be located throughout the City. Mr. Chokshi stated a land agreement is tied to the structures, which is provided under separate cover; FPL would provide the equipment, installation, interconnection and maintenance for the life of the structures. Energy from the larger canopies goes back to the grid, and for the smaller structures, back to the building. The larger canopy would include a rental payment to the City. It was the consensus of City Council to have Attorney Hall review the agreements and bring them back to Council at a future meeting. 4 of 154 Regular City Council & CRA Meeting July 26, 2017 Page Two Brief Announcements -SkyDive Sebastian event all weekend long July 28-30 with a special appearance of Bell 492 Huey Helicopter Mayor McPartlan said he jumped with his daughter last weekend and invited SkyDive Sebastian Manager Amanda Owens Smalley to announce the weekend event which will entice jumpers to jump from a variety of aircraft with experienced jumpers. She warned the event would be loud as the aircraft fly overhead. Mayor McPartlan announced the Treasure Coast Community Health Fair on August 8 at City Hall from 10 a.m. to 2 p.m. to promote their health and mental health services which are now available at their Sebastian office located in the Riverwalk Plaza. 7. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aqencv A. Chairman McPartlan Call to Order at 6:18 p.m. B. Approval of Minutes — Mav 24, 2017 CRA Meetino MOTION by Vice Chairperson Coy and SECOND by Mr. Dodd to approve the May 24, 2017 CRA meeting minutes. ROLL CALL: Vice Chairperson Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen — Aye Chairman McPartlan —Aye Motion carried 5-0. C. Septic to Sewer Grant Proqram i. Consider Amendinq Proqram (Transmittal. IRC Notice of Assessment) The Community Development Manager explained that shortly after the Indian River County letters went out to eligible property owners notifying them of the sewer assessment, the City was approached by an applicant who asked if the assessment cost could be covered by the grant and would it be possible to escrow the grant award with some earnest money from the applicant. She asked Council if they would be interested in this program revision. Mr. Hill said the assessment would be charged to the homeowner regardless if they hooked up or not to sewer; if they do this, the City is saying they would give homeowners a portion of the assessment. The idea of the grant is to encourage people to hook up. The Community Development Manager explained the costs the eligible properties would incur to hook into the sewer and if this revision was allowed, she said there are many property owners interested in applying. Mr. Hill offered the question, do they say the grant should go towards the hook up or pay some of the assessment; and he said that he would be inclined in helping residents with the connection as an incentive since they will be required to pay the assessment anyway. 2 5 of 154 Regular City Council & CRA Meeting July 26, 2017 Page Three Vice Chairperson Coy said whatever they decide, they should be consistent. Chairman McPartlan said if they went with the assessment, all homeowners would look for help with the sewer hookup. The Community Development Manager explained only the properties that are from North Central Avenue, going north will be able to hook into the sewer. Mr. Hill said the program's idea is to get the septic systems out of the ground and there is no incentive to pay someone's bill that they will be required to pay anyway. Mr. Dodd said Indian River County has approved an engineering report that has classified 345 areas that do not have access to sewer that must be upgraded, with the Sebastian community being number 70 of the report. If they pay the assessment fee today, then in the future, they will be expected to pay for every residential property in the City. He agreed with Mr. Hill, the program should be for connecting with a reasonable time frame for the connection. The Community Development Manager said property owners would only be eligible for the grant if they removed a septic tank. Mr. Hill said the grant should be for the actual construction costs versus the assessment fee. MOTION by Mr. Hill and SECOND by Mr. Dodd to leave the Septic to Sewer Grant Program as it is. ROLL CALL: Vice Chairperson Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen —Aye Chairman McPartlan —Aye Motion carried 5-0. Approve Grant Award to 1400 U.S. Hiqhwav 1 - Harry B's Golf Carts (Transmittal. Application, Deed, Receipt, Plan) The Community Development Manager stated this location is a prime project for grant since it is less than 100 yards from the Indian River. MOTION by Ms. Kinchen and SECOND by Mr. Hill to approve the grant award to Harry B's Golf Carts. Attorney Hall advised that property is held in a trust and requested the motion be conditioned upon both owners signing the application as trustees. FRIENDLY AMENDMENT by Mr. Hill and SECOND by Ms. Kinchen to include Attorney Hall's recommendation. There was no objection to this amendment. ROLL CALL: Mr. Hill — Aye Chairman McPartlan —Aye Mr. Dodd —Aye Motion carried 5-0. Ms. Kinchen —Aye Vice Chairperson Coy — Aye 6 of 154 Regular City Council & CRA Meeting July 26, 2017 Page Four D. Facade Sian & Landscape Grant Proqram i. Approve Grant Award to 1655 U.S. Highway 1 - Best Western Hotel (Transmittal, Summary, Application) The Community Development Manager stated the application was from Capt. Hiram's North LLC, who would like to update the Best Western signs. She added that Mr. Collins was in attendance to modify the request to include modifications to the hotel's facade. Mr. Dodd said they are asking for $7,500 and there is an additional $7,500 they can request later. He asked if there was a difference between the $15,000 tonight and the $7,500 later. The Community Development Manager said that would be up to the CRA if they would like to see a second application or amend this application. MOTION by Mr. Dodd and SECOND by Mr. Hill to approve the $7,500 grant to 1655 U.S. Highway 1 — Best Western Hotel. Tom Collins, representing Capt. Hiram's North LLC complimented staff, said they were underway with a major renovation to include changing out the signs. He determined they were eligible for the facade portion with the changes being made to the drive -up window and painting of the building. He said the total $15,000 would be helpful. The Community Development Manager asked that if the additional facade portion was awarded that Mr. Collins amend the current application and backup to reflect the renovation. FRIENDLY AMENDMENT by Mr. Dodd and SECOND by Mr. Hill to include the additional $7,500 for the facade renovation pending staff receipt of the additional paperwork. ROLL CALL: Ms. Kinchen — Aye Chairman McPartlan -- Aye Vice Chairperson Coy — Aye Mr. Dodd —Aye Mr. Hill —Aye Motion carried 5-0. Mr. Dodd asked that the Facade Sign and Landscape Program come back to the GRA to see if some changes should be made or if they should continue the program noting the original intent was to remove blighted signs or assist repair of buildings. Mr. Hill said he would be willing to look at it but not discontinuing it. There was no objection from the CRA. E. Chairman McPartlan adjourned the CRA meeting at 6:41 p.m. 8. Adiourn Communitv Redevelopment Agencv Meetinq and Reconvene as City Council Mayor McPartlan reconvened the regular City Council meeting at 6:41 p.m. 4 7 of 154 Regular City Council & CRA Meeting July 26, 2017 Page Five 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, helshe should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — July 12, 2017 Regular City Council Meeting 17.127 B. Approve the Purchase of One Sign for the Sebastian River Area Chamber of Commerce from Curt Oxford Graphic Arts & Design, Inc. in the Amount of $10,898.87 (Transmittal, Proposal) MOTION by Mr. Dodd and SECOND by Mr. Hill to approve consent agenda items A and B. ROLL CALL: Mayor McPartlan - Aye Vice Mayor Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen —Aye Motion carried 5-0. 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. Mr. Dodd reported that the Indian River County Commission approved the purchase of the Sebastian Crossing Shopping Center to move the North County offices from their current location. Unfortunately, it would remove the building from Sebastian's tax roll. He also noted the Indian River County Commission will have their septic tank engineering survey on their website ranking the areas throughout the County by their impact to the Indian River. This indicates the County's commitment to extend sewer service and he suggested the City might be able to assist by qualifying for grants to remove septic tanks. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS - None 13. PUBLIC INPUT - None 14. NEW BUSINESS 17.128 A. First Readina Ordinance No. 0-17-03 Police Pension -- Schedule Second Readina and Public Hearina for August 23. 2017 (Transmittal. 0-17-03, Analvsis, Schedule) 8 of 154 Regular City Council & CRA Meeting July 26, 2017 Page Six AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, LAW ENFORCEMENT, ARTICLE II[, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 58-46, DEFINITIONS; AMENDING SECTION 58-48, BOARD OF TRUSTEES; AMENDING SECTION 58-50, CONTRIBUTIONS; AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 58-55, OPTIONAL FORMS OF BENEFITS; ADDING SECTION 58-58.70.1, MILITARY SERVICE PRIOR TO EMPLOYMENT; ADDING SECTION 58-70.2, PRIOR POLICE SERVICE; ADDING SECTION 58-70.3, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 58-70.4, REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The City Manager read the title to Ordinance No. 0-17-03. MOTION by Mayor McPartlan and SECOND by Vice Mayor Coy to approve Ordinance No. 0-17-03 on first reading. The City Clerk announced the second reading and public hearing would be held August 23, 2017. ROLL CALL: Vice Mayor Coy — Aye Mr. Dodd —Aye Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan - Aye Motion carried 5-0. 17.031 B. Resolution No. R-17-21 — FDOT JPA to Renovate the Sebastian Municipal Airport/Golf Course Restaurant Building (Transmittal. JPA, R-17-21) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FUNDING ASSISTANCE TO RENOVATE THE SEBASTIAN MUNICIPAL AIRPORT/GOLF COURSE RESTAURANT BUILDING, PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager read the title to Resolution No. R-17-21 MOTION by Mayor McPartian and SECOND by Ms. Kinchen to approve Resolution No. R-17-21. ROLL CALL: Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan --- Aye Vice Mayor Coy — Aye Motion carried 5-0. 17.129 C. Resolution No. R-17-22 — FDOT JPA to Engineer and Construct Shade Hanqars at the Sebastian Municipal Airport (Transmittal, R-17-22, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FUNDING TO ENGINEER AND CONSTRUCT SHADE HANGARS AT THE SEBASTIAN MUNICIPAL AIRPORT, PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 6 9 of 154 Regular City Council & CRA Meeting July 26, 2017 Page Seven The City Manager read the title to Resolution No. R-17-22. MOTION by Mr. Hill and SECOND by Mr. Dodd. Mr. Hill stated this will be a great addition to the Airport and suggested the City looking into making some of the hangars solar shaded with FPL. ROLL CALL: Mr. Hill — Aye Ms. Kinchen — Aye Mayor McPartlan - Aye Vice Mayor Coy — Aye Mr. Dodd — Aye Motion carried 5-0. 15. ACTING CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS - None 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Mavor McPartlan - None B. Vice Mavor Cov Vice Mayor Coy said in today's newspaper was an article about the City's parks being unsafe. She noted the few identified playground pieces that need to be addressed have been repaired or are being replaced. She wanted the public to know the playgrounds are safe. She said Council received a letter regarding the future development of the Shady Rest Mobile Home Park location. The company interested in developing the property will be going to the Florida Department of Transportation (FDOT) to request a U.S. Highway 1 turning lane at the location and she asked Attorney Hall if it was appropriate for the City Manager to accompany the developer to encourage any commercial development at the location. Mr. Hill suggested having the Mayor, if Council agrees; send a letter to FDOT asking that the area be more accommodating for traffic but not necessarily in support of any project. The City Manager said the installation of a traffic light would be controlled by the County and he would be happy to work with the County in addition to drafting a letter to FDOT. It was the consensus of Council to have the Mayor send a letter supporting commercial development of the area and provide access of north bound traffic to the location. D. Council Member Hill - None E. Council Member Kinchen Ms. Kinchen also wanted the public to know the playgrounds are being repaired and safe. 10 of 154 Regular City Council & CRA Meeting July 26, 2017 Page Eight C. Council Member Dodd Mr. Dodd said some of the extensive playground repairs will require review by the Parks and Recreation Advisory Committee and Council authorization prior to repair. He requested that Council authorize the City Manager to bypass those procedures to expedite the repairs. It was the consensus of Council to have the City Manager make the repairs and report back to Council. 19. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 7:01 p.m. Approved at the August 9, 2017 Regular City Council meeting. Mayor Bob McPartlan ATTEST. Jeanette Williams, MMC — City Clerk 11 of 154 EE Cm tY S �-, HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date Agenda Item Title: Recommendation: 09 August 2017 Waste Management Notice of CPI Increase. Consider Proposed Changes. Background: On 27 July 2017, the City received notice of increases to Waste Management charges. Consumer Price Index (CPI) increases are authorized per City Ordinance 0-13-03. The effective date of increase is: 01 October 2017. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO Review: -L•�J . I Attachments: 1. Waste Management Correspondence — 27 July 2017 2.0-13-03 City Manager Authorization Date: 01 August 2017 12 of 154 wwlnAe WASTE MANAGEMENT July 27, 2017 Mr. Joseph Griffin City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr.C'i� Thank you for the opportunity to provide solid waste collection services to the City of Sebastian. In accordance with the franchise agreement granted to Waste Management Inc. of Florida, please accept this notice for the annual rate adjustment to reflect changes in the cost of doing business, as provided in Ordinance No. 0-13-03, Article 12, Paragraph 12.0. Latest data reflected in the Consumer Price Index for Urban Consumers (CPI) serves as the basis for a 1.50% adjustment. Supporting documentation is included for your reference. The revised pricing structure, effective October 1, 2017, is attached for your review. Should you have any questions, please do not hesitate to contact me at (321) 537-4273 or via email at dreider(cDwm.corn. On behalf of Indian River County's Waste Management employees, thank you for the privilege of serving the residents and businesses of Sebastian. Sincerely, ina Reider-Hicks Public Affairs Manager cc: Geoff Golder, Pricing Management, Florida Area Kasey Godwin, District Manager, Vero Hauling Bob DelaCruz, Site Manager, Vero Hauling Waste Management Inc. of Florida, 7382 Talona Drive, West Melbourne, FL 32904 www.WM.corn 13 of 154 CPI -All Urban Consumers (Current Series) Original Data Value Series Id: CUUR0300SAO Not Seasonally Adjusted Series Title: All items in South urban, all urban consumers, Area: South urban Item: All items Base Period: 1982-84=100 Years: 2007 to 2017 2007 2008 2009 2010 2011 2012 2013 2014 2015 20'16 2017 O Can Bureau of Labor Statistics For the City of Sebastian Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 195.021 195.950 197.904 199.618 200.804 201.675 201.571 201.041 201.697 202.155 203.437 .203.457 200.361 198.495 202.226 204.510 205.060 206.676 208.085 210.006 212.324 213.304 212.387 212.650 210.108 205.559 203.501 208.681 207.777 209.585 204.288 205.343 206.001 206.657 207.265 209.343 208.819 209.000 208.912 209.292 209.738 209.476 207.845 206.483 209.206 210.056 210.020 211.216 211.528 211.423 211.232 210.988 211.308 211.775 212.026 211.996 212.488 211.338 210.913 211.764 213.589 214.735 217.214 218.820 219.820 219.318 219.682 220.471 220.371 219.969 219.961 219.469 218.618 217.249 219.987 220.497 221.802 223.314 224.275 223.356 223.004 222.667 223.919 225.052 224.504 223.404 223.109 223.242 222.708 223.776 223.933 225.874 226.628 226.202 226.289 227.148 227.548 227.837 227.876 227.420 226.811 227.082 226.721 226.012 227.429 227.673 228.664 230.095 231.346 231.762 232.269 232.013 231.611 231.762 231.131 229.845 228.451 230.552 230.302 230.802 226.855 227.944 229.337 229.957 230.886 232.026 231.719 231.260 230.913 230.860 230.422 229.581 230.147 229.501 230.793 229.469 229.646 230.977 231.975 232.906 233.838 233.292 233.561 234.069 234.337 234.029 234.204 232.692 231.469 233.915 235.492 236.052 236.154 236.728 236.774 237.346 236.424 Index Change = 3.508 CPI Change = I 1.5o%l Source: Bureau of Labor Statistics Page 2 Generated on: July 17, 2017 (07:39:04 AM) Exhibit "A" City of Sebastian - Solid Waste Franchise Sebastian Effective 10/112017 F R E Q U E N C Y (Includes Container Service Charge) Residential Cart Delivery or Removal Charge - stop service or add'I cartI $26.12 Lost Cart/Customer Abuse Charge 1 1 $78.37 Note: Handicap 'backdoor" service at above rates. No additional cost. Container Ceiling Pull Service Rolloff Service Rate Container 15 Yard Open Top Per Pull $201.39 $103.44 1 $201.39 2 3 4 5 $201.39 6 Service Charge XPU $103.44 2 $ 48.50 $ 79.78 $ 111.07 $ 142.36 $ 173.64 $ 204.93 $ 17.21 $ 16.70 S 3 $ 64.14 $ 111.07 -$F 158.00 $ 204.93 $ 251.86 $ 298.79 $ 17.21 $ 25.051 I 4 $ 79.78 $ 142.36 $ 204.93 $ 267.50 $ 330.08 $ 392.65 $ 17.21 $ 33.40 Z 6 $ 111.07 $ 204.93 $ 298.79 $ 392.85 $ 486.51 $ 580.37 $ 17.21 $ 50.10 E 8 $ 142.36 $ 267.50 $ 392.65 $ 517.80 $ 642.94 $ 768.09 $ 17.21 $ 66.80 6% Franchise Fee included in all charges $ 3.61 Billed Cubic Yard $ - Billed Loose Yard $ - Fuel Surcharge per Account/Rate adiustment procedure $ 14.42 Billed Cubic Yard Compactor (Harris Same) FEL Compactors $ 8.35 Billed extra pickup per FEL cubic yard $ 25.07 Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RATE rO CUSTOMER- WASTE MANAGEMENT- BILLED: One Cart 2x Wk Each AddO Cart 196 Gallon 1 $16.621 $16.621 RESIDENTIAL RATES TO CUSTOMER- WASTE MANAGEMENT- BILLED: Additooal Cart Garbage 2x Yard Trash Ix Total Quarlerly Quarterly 1 Single Home 1 $11.681 $0.001 $11.681 $ 35.04 1 $35.041 W M 64 Gallon Cart - Default W M 36 Gallon Cart - Option Residential Cart Delivery or Removal Charge - stop service or add'I cartI $26.12 Lost Cart/Customer Abuse Charge 1 1 $78.37 Note: Handicap 'backdoor" service at above rates. No additional cost. 7/25/2017 4:18 PM City of Sebastian CPI October 2017 15 of f5r 1 Container Ceiling Pull Service Rolloff Service Rate Charge 15 Yard Open Top Per Pull $201.39 $103.44 20 Yard Open Top Per Pull $201.39 $103.44 30 Yard Open Top Per Pull $201.39 $103.44 40 Yard Open Top Per Pull $201.39 $103.44 20 Yard or less COMPACTION Containers Per Pull $201.39 $125.39 21 to 40 yard COMPACTION containers Per Pull $201.39 $125.39 ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES Minimum one haul per month, no container service charge 7/25/2017 4:18 PM City of Sebastian CPI October 2017 15 of f5r 1 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. 16 of 154 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 CouncilmemberThe motion was seconded by Councilmember and, upon being put to a26Lthe vote was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea B. Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this ,&—day of t; 2013. CITY OF EBASTIA ,` LORIDA By:✓ Mayor Bob McPartlan ATTES Sally A. Maio C City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Aftorney 17 of 154 FIRST AMENDMENT TO FRANCHISE AGREEMENT This First Amendment to Franchise Agreement ("Amendment") is hereby made and entered into this 11 "' day of May, 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 ,lune 12, 2013, for the provision of solid waste services within the City (the "Agreement"); and WHEREAS, the parties desire to amend Section 13.22 of the Agreement regarding a compressed natural gas fueling station and to add a commercial recycling promotional campaign to the Agreement; and WHEREAS, the parties agree that the amendments are desirable and in the best interests of the City and its residents. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: Section 13.22 Compressed Natural Gas Fueling Station is deleted and replaced with the following: Franchisee shall contribute to the City Forty Thousand Dollars ($40,000.00) to be used by the City for investment in a compressed natural gas fueling station or for such other purpose as the City may determine is necessary or desirable. Payment of such amount shall be made on or before Auqust 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. 18 of 154 At the conclusion of the three month promotion, the following rates will apply: 2 -cubic yard container, serviced 1 x per week = $10.16 per month 2 -cubic yard container, serviced 2x per week = $21.16 per month 4 -cubic yard container, serviced 1 x per week = $21.16 per month 4 -cubic yard container, serviced 2x per week = $43.16 per month These rates will increase annually by 10% starting January 1, 2017. In addition, Franchisee's commercial account manager will evaluate the customer's waste stream and service level to determine the appropriate sizing of garbage containers and potential cost savings for the commercial business by utilizing the Franchisee's commercial recycling program. 3. Except as amended herein, the Agreement shall remain in full force and effect as written. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. CITY OF SEBASTIAN Attest: By: 0 Date:, F,11 WASTE MANAGEMENT INC. OF FLORIDA, Witness Signatur : Print Name:( Witness Signature &�/4e� Print Name: 6�-n/GCn /7Ocv/.� 9n By: Name anri TitEP 11 �1�. A) C 2 Effl;-Mama (AFFIX CORPORATE SEAL) 19 of 154 STATE OF FLORIDA COUNTY OF �O The foregoing instrument was a know yledged before me this day ofTU1�. 2016 ba U'A WeW<,. as DSQ- . 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 * Aly CCA MISSIaN 3 FF D 349 EXPIRES: January 29,2018 fJ''Fo►rvo°A! B0"dThruBudgtNotRry4r,tar 7TARY S GNATURE• PRINTED NOTARY IGNATURE Notary Public, State of Commission Number: My Commission Expires: 3 20 of 154 Cm I SEBAS�[" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 1 I 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 Requires Esnenditure of Funds: NIA Administrative Services De artment/CFO Review: '� l Department/CFO J Attachments: 1, Franchise Agreement b/t the City and Waste Management 2. Proposed Franchise Agreement Modification April 2016 3. First Amendment to Franchise Agreement City Manager Authorization: / v/ Date: 04 May 2016 21 of 154 Exhibit "A" City of Sebastian - Solid Waste Franchise Sebastian Effective 71112013 F R E 0 U E N C Y (Includes Container Service Chame) 22 of 154 Container 1 2 3 a 5 6 Service XPU 2 46.38 76,28 106.18 136.08 165.98 195.84 1645 16,00 5 i 3 61.33 106 18 151.03 195.88 240.73 205 is 16.48 24 CO 4 76.28 136.08 195.88 255.68 315.48 375.28 16.48 32,00 Z 6 106-18 195.88 285.58 375.28 464.98 554.58 18.48 48.00 I 1 a 136.08 255.68 375.28 f 494,88 614.48 734.C3 16.48 64.60 6% Franchise FBeLctgd9d_inall charges 345 Billed Cubic Yard- arn13.00 0.00Billed Loose Yard 0.00 fuel Surcl+arce oer AccOMI/Rate adiustmenl orocedure i 3.84 Billed Cubic Yard Compactor (Harris Same) FEL Compactors 3 W Bllled extra pickup per FEL cubic yard 2400 Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RATE TO CUSTOMER- WASTE MANAGEMENT • BILLED: One Cart 3x YJk Each Addtl Cart 196 Gallon 1 515.901 $15.901 RESIDENTIAL RATES TO CUSTOMER. WASTE MANAGEMENT- BILLED. Additonal Cart Garbage 2x Yard Trash 1r Tolal Quarterly Ouarferly 1 Single Home i 511.181 $0,001 $19.181 5 33.54 I S33.541 Wla 64 Gallon Can - Defau4 Wh136 Gallon Cart - Option Residential Cart Dolivory or Removal Charqo -stop sere_ ICe or add'I cart 1 $25.004 Lost Cart/CuslomerAbuse Chargo 1 1 $75.001 Note: Handicap 'backdoor" service al above rates. No additional cost. Container Ceiling Pull Service Rolloff Service Rate Charge 15 Yard Open Top Per Pull 5193.73 $99.00 20 Yard Open Top Per Pull $192.73 $99.00 30 Yard Open Top Per Pull $192.73 $99,00 40 Yard Open Tap Per Pull $192.73 $99.00 20 Yard cr less COMPACTION Containers Per Putt $192.73 $120.00 21 to 40 yard COMPACTION Containers Per Pull S192.73 5120.00 ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES klinimum one haat per month, no container service charge 22 of 154 City of Sebastian Solid Waste Franchise Agreement Modification Outline April 2016 IN WASTE MANAGEMENT City of Sebastian Franchise Agreement Modification April 2016 L Commercial Recycling Promotional Campaign: Recycle '96! a. WM will develop a promotional campaign to encourage city businesses to recycle L 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 '961 rates after 3 -months free promotion 1. 2 -cubic yard container, serviced 1x per week = $10.16 per month 2. 2 -cubic yard container, serviced 2x per week = $21.16 per month 3. 4 -cubic yard container, serviced 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 li. Investment of $40,000 for Sebastian CNG Fueling Station a. WM to provide $40,000 for city investment in CNG fueling station 1. Engineering consultation on construction from WM engineer ii. City will initiate natural gas service to fueling unit with Florida City Gas iii. Waste Management will purchase fuel from this station as needed to fuel its vehicles (annual volume TBD) III. Continued City Event and Community Partnership a. WM to continue its partnership with city events providing in-kind solid waste services b. WM/Sebastian Community Shredding and E -Recycle Event, April 23, 2016 c_ WM/Sebastian Community Clean Up Day, April 23, 2016 23 of 154 SECOND AMENDMENT TO FRANCHISE AGREEMENT This Second Amendment to Franchise Agreement ("Amendment") is hereby made and entered into this 10th day of May . 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 in the best interests of the City and its residents. NOW, THEREFORE, in consideration ofthe mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: Section 13.5 is modified as follows: 13.5. Community and Special Event CleanUm 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 shall remain in full force and effect as written. 24 of 154 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. Attest: eanette tJilliams, MMIC 'City Clerk Witness Signature: Print Name: V-" : ` `-� r,4 Witness Signature: _�k4V Print Name: G STATE OF FLORIDA COUNTY OF �rous�,rd CITY OF SEBASTIAN � By: Bob McPartlan, Mayor Date: May 10, 2017 FRANCHISEE: WASTE MANAGEMENT INC. OF FLORIDA 8y: Name and Title: TIMOTHY B. HAWK NS, PRES. (AFFIX CORPORATE SEAL) The foregoing instrument was acknowledged before me this �— day of ane. , 2017 by TIMOTHY B. HAWKINS, PRiii@k as fires ; r) � r,'4- 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) COLEEN T. HOULIHAN MY COMMISSION * GG017816 7+io,yt EXPIRES August 02, 2020 NOTARY SIGNATURE: PRINTED NOTARY SIGNATURE Notary Public, State of Commission Number: G& 0178 My Commission Expires: 'j' ) l 25 of 154 CM, QF SERAST" HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225 MAIN STREET — SEBASTIAN, FL 32958 PHONE 772-388-8200 -- FAX 772-581-0149 i,-,riffin(u cilvol cha.gtian.ors, — %�,x%-1v.citvotsebastian.nre I 1 May 2017 Dina Reider-Hicks Public Affairs Manager Waste Management Inc. of Florida 7382 Talona Drive West Melbourne, FL 32904 Dina: Thank you for attending the Sebastian City Council meeting on Wednesday, 10 May 2017. Your attendance, along with Mr. DeLaCruz, and your testimony to the Council spoke volumes of Waste Management's covenant with the City of Sebastian. The actions taken by Council last night include: 1. Approval of the `Automatic Renewal' of the Franchise Agreement between the City of Sebastian and Waste Management, Inc. of Florida. The Agreement is renewed for an additional tenn ending on 30 June 2023. 2. Approval of the 2"d Amendment to the Franchise Agreement. That document is enclosed. Please return the fully executed `original' to my office. Your testimony to Council also included Waste Management's commitment to Commercial Recycling in the City of Sebastian as you expand that effort throughout Indian River County. If convenient, please provide me with appropriate `mailers' that I may load to the City's website, and City of Sebastian TV, to facilitate that program. Especially gratifying was your commitment to investigate additional solar compactors for the City of Sebastian. Always remember, it is d pleasure working with the Waste Management Team. I appreciate your commitment to the City of Sebastian. With personal regards; Joe Griffin City Manager 26 of 154 Franchise Agreement Between, aff oF HOME OF PELICAN N ISLAND City of Sebastian and IRN%fte WASTE MANAGEMENT Waste Management, Inc. of Florida 27 of 154 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 28 of 154 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 29 of 154 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 30 of 154 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 31 of 154 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; fertilizerlagdcultural 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 32 of 154 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 33 of 154 3.47. Solid Waste Disposal Facility means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 3.48. Special Waste shall mean Solid Wastes that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological Wastes. 3.49 Standard Issue Container shall mean the collection bin issued by the Franchisee to every subscribing Residential Customer. Such Container shall be a mobile sixty-four (64) gallon collection bin. Franchisee shall deliver the Container to new Customers at the time of their subscription. For the purpose of the initial term of this Agreement, the Franchisee will deliver Containers to existing Residential Customers by October 1, 2013. If the Standard Issue Container is too large for disabled Customers, the Franchisee shall make a reasonable accommodation and issue a smaller sized container to Customer. 3.50. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and containers, sweepings, other accumulations of a similar nature, and broken toys, tools, equipment and utensils. Trash does not include Garbage or Yard Trash. 3.51. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not an Uncontrollable Force. 3.52. White Goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. White Goods do not include Freon -Containing Devices. 3.53. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings, palm fronds, tree branches and other similar matter. Section 4. Grant of Franchise 4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement, the Franchisee is hereby granted an exclusive franchise and sole authority to provide (a) Residential Solid Waste Collection Service in the Residential Solid Waste Franchise Area and (b) Commercial Collection Service. 4.1. Recvclables. The collection of residential recyclables is not a part of this Agreement. 8 34 of 154 4.2. Limited Grant of Riahts_ This Agreement does not grant any rights or remedies to the Franchisee except those that are expressly identified and conveyed by the specific terms of this Agreement. 4.3. Minimum Reauirements for Franchisee's Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with the requirements in this Agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not prohibit any Person from gathering, conveying, or processing Recovered Materials, provided such Person otherwise complies with applicable Florida law. No franchise or permit shall be required with respect to Recovered Materials. Containers of Recovered Materials may include a De Minimis Amount of Solid Waste. Containers holding more than a De Minimis Amount of Solid Waste shall be handled and regulated as Solid Waste. Article 5. Title to Solid Waste and Recyclable Materials 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, and Recyclable Materials are placed at a Curbside Collection Point or any other approved location for Collection by the Franchisee within the City, the City shall hold title and ownership to all such materials. The Franchisee shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that the Franchisee Collects. Article 6. Processing and Disposal 6.0. Processina, Recovered Materials collection, processing and marketing are outside the scope of this Agreement. 6.1. Solid Waste Disoosal. 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 (15th) 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 35 of 154 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 4'h, 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 FreQuencv 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. Freouencv 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. Obliaations 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 36 of 154 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 Obliaabons. Bulk trash shall not be commingled with Yard Trash. A Customer's Bulk Trash may not be collected if determined by the Contract Manager and the Franchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system, or of such weight or quantity as would significantly hinder the effectiveness of the Collection or Solid Waste disposal system. 8.6. Manner of Collection . The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to the same location where it was placed by the Customer or the Curbside Collection Point. The Franchisee shall also collect any garbage that may be placed next to the container from time to time. The Franchisee shall reserve the right to refuse collection service, if in the Franchisee's determination that a collection point is being used by more than one subscriber or non -subscribers) of the collection service. Throwing or damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective by the City, the Franchisee shall replace the Container at no additional cost to the customer. 8.7. Routes and Schedules. On or before March 31 of each year, the Franchisee shall, in a format acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at all times and shall strictly follow the schedules and routes filed with the Contract Manger. The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3) calendar days after any change. 8.7.1. Changes to Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives the Contract Managers 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 37 of 154 costs, disposal costs and other fees and expenses. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement. The Franchisee shall not separately state the amount of the franchise fee on any bill to any residential Customer. 9.1. Residential Solid Waste Collection Service Billinq. Billing for Residential Solid Waste Collection Service shall be the sole responsibility of the Franchisee. Article 10. Commercial Collection Service 10.0. General. The Franchisee shall provide all Commercial Collection Service within the City. 10.1. Freauencv of Collection. Commercial Collection Service shall be provided at least once per week, except that the Collection of Recyclable Materials may be provided as agreed by the Customer and Franchisee. In any event, Commercial Collection Service shall be provided frequently enough to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. The Contract Manager shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the frequency of the Collection service are sufficient to ensure that Commercial Solid Waste is not routinely placed or stored outside the Commercial Container. 10.2. Location of Collection of Commercial Containers. Commercial Containers for Commercial Solid Waste or Recyclable Materials shall be placed at locations that are mutually acceptable to the Franchisee and the Customer, and in compliance with the City's land use ordinances. If a dispute should arise between a Customer and the Franchisee regarding the location of the Commercial Container, the Contract Manager shall designate the location. 10.3. Commercial Containers Reauired. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. 10.4. Non-Conformina Containers Prohibited. The use of any container or receptacle other than a Commercial Container or a Construction and Demolition Debris Commercial Container to store Construction and Demolition Debris at a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that is found to be unsuitable or undersized. 10.5. Adiacent Areas. Construction and Demolition Debris or other Solid Waste which is cast, blown, or scattered upon any adjacent property as a result of construction, 12 38 of 154 demolition, or renovation activities shall be removed by the Person responsible for the construction, demolition or renovation activities no later than the end of the day on which the activities occur or earlier if the waste material causes littering. Article 11. Commercial Collection Service and Construction and Demolition Debris Service Rates and Billing 11.0. Rates — General. The Commercial Collection Service rates set forth in this Agreement are maximums, and volume discounts may be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are subject to adjustment as set forth in this Agreement. 11.1. Rates. All Customers receiving any type of Commercial Collection Service, including Construction and Demolition Debris Service, will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee according to the rate schedule attached hereto marked Exhibit "A 11.2. Other Charoes. 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_ Bil_ line. 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 shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12) month period of June to June, but no increase or decrease shall exceed 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. Change 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 39 of 154 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 Chances. 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. Spillane. 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 40 of 154 from the Franchisee's vehicle, the Franchisee shall immediately clean up the spillage, leakage and litter at no cost to the City or the Customer. if a Customer or the Contract Manager notifies the Franchisee that its actions have caused litter, spillage, or leakage within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of any cleanup, remediation or damages shall be the sole responsibility of the Franchisee. 13.2. Financial Reports. Franchisee shall provide to the City annually a financial statement and report that includes an income statement showing the gross revenue received by the Franchisee from the Collection of Solid Waste and other services provided by the Franchisee under this Agreement. The report must include the opinion of a Certified Public Accountant, who has conducted an audit of the Franchisee's books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. The report also must include the Certified Public Accountant's opinion that the Franchisee has properly calculated and fully paid the franchise fees that are due and owing to the City pursuant to the provisions of this Agreement. The annual audit shall be delivered to the City within one hundred and twenty days after the end of the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon good cause_ 13.3. Customer Complaints. If the City receives a complaint regarding the Franchisee's service under this Agreement, the complaint shall be immediately forwarded to the Franchisee by telephone, e-mail or facsimile. The Franchisee shall respond to the complaint within twenty-four hours after the Franchisee receives the complaint. When the complaint is received after twelve o'clock noon on a Saturday or on a day preceding an approved holiday the Franchisee shall respond to the complaint no later than the next day that is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within twenty-four hours, by telephone or facsimile, of the action taken to resolve the complaint. 13.3.1 Record. The Franchisee shall keep a written record of all complaints it receives regarding the Franchisee's service under this Agreement. The Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify the time and date when a complaint was received, when the Franchisee responded to the complaint, and when the complaint was resolved. The Franchisee's records and forms shall be kept up to date and shall be maintained throughout the term of this Agreement. Copies of the complaints and forms shall be kept at the Franchisee's office and shall be available for inspection by the Contract Manager during normal business hours. 13.3.2. Notice of Certain Tvoes of Complaints. The Franchisee shall immediately notify the Contract Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract Manager with a written report about 15 41 of 154 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 Cleanuus. 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 Cleanuos. 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 42 of 154 performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance of the obligations of this Agreement, and the expected time when performance in compliance with this Agreement will resume. 13.8. Contract Chanaes for Public Welfare. The City shall have the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare. The City shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard concerning the proposed change. The Franchisee shall be reasonably and appropriately compensated for any additional services required of the Franchisee due to any modification in this Agreement under this paragraph. 13.9. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two or more toll free telephone number(s) where service inquiries and complaints can be received by the Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p-m., Monday through Friday, except holidays. The Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is closed. The Franchisee also shall develop a system, subject to the Contract Manager's approval, for receiving emergency calls from the public at anytime, and for communicating with the City regarding emergency matters. 13.10. Vehicles and Eauioment. At all times the Franchisee shall have a sufficient number of trucks, Commercial Containers, and other equipment available and in good working condition so that the Franchisee can efficiently perform its contractual duties under this Agreement. The Franchisee shall also have available reserve vehicles and equipment that can be put into service within twelve (12) hours of any breakdown or malfunction that can provide similar service to the Franchise Area_ Vehicles used by the Franchisee in the performance of this Agreement shall be clearly identified with the Franchisee's name, local phone number, truck number, and tare weight. Letters and number shall be at least four (4) inches high. 13.10.1 List. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with a list of the trucks and other Collection equipment that will be used by the Franchisee to provide services under this Agreement. The list shall include the license tag number for each truck and the identification number (if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the Contract Manager during the term of this Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a) trucks and other Collection equipment used in the City for 30 days or less; or (b) bona fide demonstration trucks and other Collection equipment. 13.10.2. Condition of Eauiament. At initiation of the Franchise Agreement, all collection equipment shall be in good working order. The City reserves the right to inspect all 17 43 of 154 equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean, sanitary condition and in good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back in service. All vehicles and auxiliary equipment shall be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oil, hydraulic fluids, or other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during normal operation. The Franchisee's vehicles shall be in compliance with all Applicable Laws, including, without limitation, laws concerning noise, air pollution, and traffic safety. Should the City determine that the Franchisee's equipment does not meet the City's operational and safety standards, the Franchisee shall immediately replace such equipment. At no time during the course of the Agreement shall the Franchisee's equipment become older than twelve (12) years. 13.10.3 Compressed Natural Gas (CNG). By January 1, 2015, the Franchisee shall service the City with an all compressed natural gas equipment fleet. 13.10.4. Equipment Reauired on Vehicles. All collection vehicles shall carry a broom, a shovel, a fire extinguisher, absorbent materials and other equipment necessary to clean up any spilled materials. 13.10.5. Inspection of Vehicles and Eauioment. The Contract Manager may inspect the operations, vehicles, and equipment of Franchisee at any reasonable time upon giving of reasonable notice and the Franchisee shall allow the Contract Manager to make such inspections. 13.11. Franchisee's Overations Manager. 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 44 of 154 payment of any kind from Customers. The Franchisee shall promptly take appropriate action to correct any such behavior or language. 13.13. Emr)lovee Waaes and Benefits. The Franchisee shall comply with all Applicable Laws relating to wages, hours, overtime, disability, and all other matters relating to the employment and protection of employees, now or hereafter in effect. 13.14. Permits and Licenses. The Franchisee shall obtain, at its sole expense, any and all permits and licenses required by Applicable Law in connection with this Agreement and Franchisee shall maintain the same in full force and effect throughout the term of this Agreement. Any revocation of the Franchisee's licenses or permits shall be reported to the City within three (3) calendar days. 13.15. Public Entitv Crimes. No Franchisee may be a person or affiliate identified on the Florida Department of General Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are disqualified from the public contracting and purchasing process because they have been found guilty of a public entity crime. The Franchisee is required to comply with Florida Statutes Section 287.133, as amended, or its successor. The Franchisee shall notify the Contract Manager within three (3) days if the Franchisee is found guilty of public entity crime or placed on the convicted vendor list. 13.16. Nan -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 45 of 154 13.17.2. Rapid Recovery from Disaster. The clean-up from some natural disasters may require that the Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franchisee has received written authorization and approval from the Contract Manager prior to the work being performed. All such costs may be audited by the City prior to payment. 13.18. Disaster Response Plan. The Franchisee shall develop and provide to the City a disaster preparedness and response plan by March 31 of each year. This plan shall include provisions for additional personnel and equipment and shall establish a reasonable, verifliable basis for any charges. In the event that excess work resulting from a natural disaster is compensable by the Federal Emergency Management Agency, or any other local, state, or federal agency, any compensation to the Franchisee shall be subject to such agency's prior approval. The Franchisee shall be familiar with Federal Emergency Management Agency documentation requirements and shall provide the necessary documentation for submission of cost reimbursement requests. The Franchisee shall be required to submit its Federal Emergency Management Agency documentation of costs as a condition of payment for additional personnel and equipment pursuant to this section. 13.19. Insurance. 13.19.1. Workers' 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 Vlll 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 46 of 154 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. 13.24. 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. Damaoe. The Franchisee including, without limitation, its agents, employees and subcontractors, shall perform al[ 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 47 of 154 14.0. Failure to Pav Franchise Fee. Franchise fee payments received after the fifteenth (15th) day of the month shall bear interest at 18% per year. Except for an Uncontrollable Force, franchise fee payments received more than twenty (20) days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any one calendar year, or failure to make payment within thirty (30) days after the due date, unless due to an Uncontrollable Force shall result in termination of this Agreement_ 14.1. Customer Service 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): Comolaint Tvne Garbage, Trash and Damage Yard Trash Annual % Monthly % 4% 0.5% 2.5% 0.35% of the Customers in the Franchise Area served by the Franchisee as determined on the first day of each calendar year, the Contract Manager may levy $100.00 administrative charges for each incident exceeding these percentages, on a calendar year or monthly basis as is appropriate. 14.2. [Left Intentionally Blankl 14.3. [Left Intentionally Blankl 14.4. Chanaina Scheduled Collection Days without Approval. Changing scheduled Collection days without approval will result in a $2000.00 administrative charge per incident. 14.5. Failure to Clean UD Snillaae. Failure to clean up spillage of any substance required to be cleaned up by and in accordance with the City of Sebastian requirements will result in a $200.00 administrative charge per day, per incident. 14.6. Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular scheduled collection day shall result in an administrative charge of $1,000 for 22 48 of 154 each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is more than ninety percent (90%) complete and is thereafter completed within five (5) hours. 14.7. Other Performance Standards and Administrative Charaes. The Contract Manager may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regard to the percentage of customer complaints including, without limitation: .1. Failure to provide clean, safe, sanitary Collection equipment .2. Failure to maintain office hours as required .3. Operator not licensed A. Collection Vehicle not licensed .5. Failure to provide documents and reports in a timely and accurate manner .6. Failure to cover materials on Collection vehicle .7 Collection vehicles left standing on street unnecessarily .8. Collection employees out of uniform .9. Not providing schedule and route maps .10. Speeding, upon conviction .11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been missed more than three times per calendar year .12. Failure to respond to Customer calls in a timely and appropriate manner 14.9. Citv Repair of Damaae. In the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable administrative expenses. 14.10. Pavment of Administrative Charaes by Franchisee. The Contract Manager shall notify the Franchisee in writing of the City's intent to assess any administrative charges provided under this Agreement. The Contract Manager shall provide to Contractor an itemized written list of each instance in which Franchisee failed to meet the performance standards specified in this Agreement, including the nature of the failure, date, time, location, and any other available and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized list will be provided to the Franchisee monthly, on or before the tenth (10th) calendar day of each month. The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the Administrative Charges or to contest same as set forth herein. In the event the Franchisee wishes to contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standards of this Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to the City Manager, who shall conduct a review of 23 49 of 154 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. Filing of Insolvencv or Bankruatcv. 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 Bankruatcv. By order or decree of a Court, Franchisee shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Franchisee, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; .3. Control by Receiver. Trustee. or Liauidator. By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Franchisee, and such possession or control shall continue in effect for a period of sixty days; or .4. Failure to Perform Services under Aareement. The Franchisee has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or has wrongfully failed or refused to comply with the instructions of the Contract Manager relative thereto, whether such default is considered minor or major, and such default is not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Franchisee of written demand from City to do so, Franchisee fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden of proof to demonstrate that the default cannot be cured within thirty (30) days, and that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). Failure to make timely payment of the Franchise Fee shall not be considered a curable default. 24 50 of 154 .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 (1 D) 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 51 of 154 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. Governina 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. Assianment and Subcontractinq. 16.5.1 Assignment of Entire Aareement. No assignment of this Agreement or any right occurring under this Agreement shall be made in whole by the Franchisee without the express prior written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the express prior written consent of the City shall be null and void and shall be grounds for the City to declare a 26 52 of 154 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 Aareement. 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 53 of 154 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 ranchisee: 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 54 of 154 Attest - By— Sally Maio, City erk Approved by: By 4e'?r 0 Robert A. Ginsburg, City Attorney Witness Signature: F&VID -ifw " Print Name:o�rl�¢"r�R'� Witness Signature; Ll` 411 4 Print Name: (-1F-b4 STATE OF FLORIDA COUNTY 0rb1-b-10PAW CITY Al Miftes/Cily Manager FRANCHISEE: By Name an itie. (AFFIX CORPORATE SEAL) The foregoing instrument was ackn wledged before me this day of 70KX 2013 by`iTlr9ffPi '8 , 040e iJ5 as 1b0)T of WASTE MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He/she is r)ersonqj&n to me or has produced as identification. (NOTARY SEAL) NOTARY SIGNATURE: �` r ff •J�LfjVJ4 PRINTED NOTARY SIGNA URE Notary Public, State of 0V Commission Number: ' , 1 40 My Commission Expires: S AF EXPIRES, Unity %c; f e. Banded Thw " Nagy Sf(W3 29 55 of 154 S I L E Exhibit "A" City of Sebastian - Solid Waste Franchise Sebastian Effective 711/2013 F R E D LI E N C Y (Includes Container Sery;ce Charge) 56 of 154 Container 1 2 3 4 5 1i Service XPU 2 46.38 76.28 106.18 136,08 165.98 195.88 tt AS 16.00 3 6133 10616 151.03 195.88 240.73 285.58 16.48 24.001 4 76.28 136.08 195.88 259.68 315.48 375.28 16A8 32.001 6 10618 195.88 285.58 375,28 464.98 554.6B 16.48 46.001 3 136,08 255.68 375.28 494.88 614AS 734.08 16.48 64.00 6% Franchise Fee included in a8 charges 34S Billed Cubic Yard 0.00 Billed Loose Yard 0.04 fuel Surcharae net AccountlRate adiustment oroeedure 13.80 Billed Cubic Yard Compactor (Harris Same) FEL Compactors 800 Billed extra pickup per FEL cubic yard 2400 Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RATE TO CUSTOMER. WASTE MANAGEMENT • BILLED: One Carl 2x Wrr Each Addt7 Cart 198 Galion $14.901 $15.901 RESIDENTIAL RATES TO CUSTOMER. WASTE MANAGEMENT- BILLED: Additona! Cart Garbaq_ a 2x Yawl Trash tx Total Quarterly Quarterly Single Home $11.1111 $0.00j $11.181S 33.641 $33.541 WM 64 Gallon Can - Default WM 36 Gallon Cart - Option Cart Delivery or Removal Charge - stop service or add'I cartI s25.00l (Residential Lost Carl./Customer Abuse Charge I 575.001 Note: Handicap "backdoor' Service at above rates. No additional cost. Container Ceiling Pult Service Rolloff Service Rate Charge 15 Yard Open Top Per Pull S192.73 $9900 20 Yard Open Top Per Pull $192.73 599.00 30 Yard Open Top Per Pull $192.73 599.00 40 Yard Open Top Per Pull $192.73 $99.00 20 Yard or less COMPACTION Containers Per Pull S192.73 $120.00 21 to 40 yard COMPACTION containers Per Pull $192.73 $120.00 ABOVE RATES ARE SUBJECT TO ADDITIONAL LANDFILL FEES Minimum one haul per month, no container service charge 56 of 154 Cm N SE . sT!AN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 09 August 2017 Agenda Item Title: Road Closures; 2017 SIMS Homecoming Parade Recommendation: Approve road closures and use of the mobile stage for 2017 SRHS Homecoming Celebration. Background: Jessica Upchurch, Sebastian River High School (SRHS) Homecoming Event Coordinator, is requesting Council approval for road closures, and use of the mobile stage (without fee), for the 2017 Homecoming Parade. The date for the Parade is Saturday, 30 September 2017 and will start at 9:OOAM. The road closures necessary are: 1. Main St. boat ramp parking lot and Main St. (from U.S. I to the river) from 7:OOAM until the parade leaves. 2. Indian River Dr. from Washington St. to Jefferson St. from 7:OOAM until the parade passes. 3. Indian River Drive from Washington St. to the overflow parking lot from 7:OOAM until the parade passes. Staff will allow motorists through barricades at appropriate times to reach businesses along the route. If Agenda Item Requires Expenditure of Funds: NIA /� s Administrative Services Department/CFO Review:' 1 Attachments: 1. Letter of Request o City Manager Authorization: Date: 31 July 2017 57 of 154 Margarita Hernandez From: Upchurch, Jessica <Jessica.Upchurch@indianriverschools.org> Sent: Wednesday, July 12, 2017 3:21 PM To: Margarita Hernandez Subject: SRHS Homecoming Parade Greetings, Sebastian River High School is seeking to continue our tradition of a Homecoming Parade that begins on Main Street and ends in Riverview Park. We are requesting the date of September 30th, 2017 at gam. Again, the parade will start at Main Street and finish in Riverview Park. Parade participants will line up at the Main Street boat ramp parking at Sam. Road Closures necessary are: Main Street Boat Parking Lot and Main Street (from US 1 to the River) until the parade leaves at gam. Indian River Drive from Jefferson to Washington from 8 am until the Parade Passes. Indian River Drive from Washington Street to south side of Sebastian Blvd. from 8:45am until the parade passes. We would like to end the parade in Riverview Park and have use of the mobile stage for the Homecoming Celebration. We plan on vacating the premises approximately around fpm. Thank you for your consideration, Jessica Upchurch Athletic Director Sebastian River High School 58 of 154 Cn Lf SET�N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: August 9, 2017 AGENDA ITEM TITLE: Parks and Recreation Advisory Committee - Fill One Unexpired, Alternate Member Position RECOMMENDATION: Interview, unless waived, submit nominations for one alternate member position with a term to expire May 31, 2018 BACKGROUND: In response to the advertisement, I have received applications from: Nicole Kukstis Cathleen LaPreta Jay McKinniss ATTACHMENTS: Applications, Ad, List Clerk Authorization. Date: -3-11 59 of 154 cm c� - 317 JUL 21 AH08:27 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 up on term expiration. Name: k)iu(e C_- � 5t [�1 ( (�� mnek City: �hyh�z4` Stater Zip: ,A9 5-9 Telephone: (� / oL ) qS3 - joo 5 E -Mail Address: N 1 i' - " i< UI S T l L �40 L l- CZ Employer: 'a�p) 0 �-�� h LA- '1h)VLf City: `-r !,(,1 �1l State: ik— Zip: � "! ��6 Business Telephone. ( 77� I am interested in serving on the following boardm s)/comittee(s): 1" Choice: T a TC_,r�{) --!_ IAC 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment * `Mast be resident one year prior to application. 60 of 154 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) b�'l as fly �RgkEYLVeP-V1S-1)Z DM Y ,�K �� a►',�� y pass �� U Why do you want to serve on this board? S y Z have, It Vej im E)U, and i,,)ao4 - ,n Aplp ova Z 419 1 --L kqye, A)c-k��P amd G /1c D�eRvr/� �1 dea3-r - Do you presently serve on another City Board or Committee? !v 0 If yes, please list: Have you previously served on any other City Board or Committee? YO 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. l give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.us/ethics/forms,html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httn://www.flsenate-ROV/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: / l/(_�� ._ Data:. / —;/4 7 Date Received by City Clerk's Office 7-Z(- 1 7 by:c_..� Wdi u`UYL` A 61 of 154 � of 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: Cathleen LaPreta Address: LZ.,: Sebastian State: FL Zip: 32958 Telephone: ( 772 E -Mail Address: cateinfl@gmail.com Employer: Retired City: State: Zip: Business Telephone: ( I am interested in sewing on the following board(s)/committee(s): 151 Choice: Parks and Recreation ?''a Choice: CHARTER REVIEW COMMITTED (serves only six months, everylive years — next meeting in 2015) 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 financiol disclosure is required following oppointment "Must be residen- one year prior to application. 62 of 154 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I worked as a full-time administrator in New York State while raising my son. I served a two-year term on the Childcare Board at the place of my employment. I also served on a two-year term on my HOA in New Jersey before moving to Sebastian in November of 2010. Why do you want to serve on this board? I loved Sebastian the first time 1 visited 7 years ago. After 30 years with New York State 1 was granted an early retirement and moved to Sebastian immediately. I would like to see Sebastian retain its small town community feel and family -friendly environment. Do you presently serve on another City Board or Committee? No If yes, please list: Have you previously served on any other City Board or Committee? No 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. h[tp:/i w.vw.ethics.stat�flus/e[hiGs/fc�rii�s.hti�i 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, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at hitp://www.flsenate govjstatute 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. understand that any false statements or omissions from this application may be cause for my application. not to be considered. Signature of Applicant:7118/2017 Date Received by City Clerk's office 7 ' 1 �' ' by:4 60J-I.L.Ct1y2 Z 63 of 154 City CV. "OME 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: &e) ,, � Address: (/) � � � ! � � City: S�%�,��State: Y1 Zip: 3Zq � �> Telephone: { _n2 ) to 7 3 - 3Z6 4 E -Mail Address:U 40,e— o _o3. Employer: KV i O ( T)VZPe_(N ftna)6M� City: State: Zip: % &.2 Business Telephone: I am interested in serving on the following boards)/committee(s): 1St Choice: Pa W � �(iI �� l�� 2A Choice: 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 financial disclosure is required following appointment *'"Must be resident one year prior to application. 64 of 154 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) A S t/w/ I ir) Why do you want to serve on this board? i i -P ale --rhc f 6 pvjl7� o -Hie, C,4411 r'r kv) 0 -47) PJ1?J-Y9 nr- OUA� OJ pa-YI-Ci Do you presently serve on another City Board or Committee? M 0 If yes, please list: �-- Have you previously served on any other City Board or Committee? N 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. htti3://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 11Z Part i!1) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at httr)://www.fIsenate.Rov/statutes I understand I must contact the City Cierk's office to request reappointment prior to expiration or to be considered for another board. I hereby ftify that all the statements made on this application are true and correct. I understand that any false st ements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: /�� Date: Date Received by City Cl'erk's Offices -3-/1 by: WxacAg-"14 65 of 154 Cps' Of ,151E HOME OF PELICAN ISLAND July 17, 2017 Contact: City Clerk's Office 388-8215 PRESS RELEASE PARKS AND RECREATION ADVISORY COMMITTEE The City of Sebastian is seeking applicants to fill the following unexpired, position on the Parks and Recreation Committee. This position is volunteer and applicants must be City residents. One Unexpired, Alternate Member Position —Term to Expire 5/31/2018 This Committee meets on the fourth Monday of each month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. 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.orci and will be accepted through August 1, 2017. 66 of 154 PARKS & RECREATION ADVISORY COMMITTEE Ordinance No. 0-07-07 MEMBER NAME /ADDRESS Greg Paschall - Vice Chair 115 Harbor Point Drive Sebastian, FL 32958 581-7210 Greoorvoaschall(o.gmall.Com Matthew Sims - Chair 103 Bellamy Trail Sebastian, FL 32958 538-4369 OneStoaCellular5e,aoi.com 3 -YEAR TERMS TERMS Term to expire 5/31/2019 Appointed 5122113 Reapptd 5111116 Term to expire 5/31/2018 Appointed 9!24108 Reapptd 519112 Reapptd 5127115 Corrine Gilroy Term to expire 5/3112020 572 Jay Street Apptd 5128117 Mail: P.O. Box 780565, Sebastian, FL 32978 --- ---- (619) 756-1089 Apptd ALT 5111116 corgreen(7vmail. com JoAnn Webster Term to expire 5/31/2020 765 Wentworth Street Apptd 11128/12 Sebastian, FL 32958 Reapptd 5128114 633-8502 Reapptd 5128117 webstersnorth(a-).aol.com ------------------- Apptd ALT 8111110 Reapptd ALT 519112 JoAnne White Term to expire 5/31/2018 449 Easy Street Appointed 6127107 Sebastian, FL 32958 Reapptd 519112 766-2501 Reappted 5127115 m0oddateam(cDgmail.com Jim Sunnycalb —Alt Member Term to expire 5131/2020 721 S. Easy Street Apptd 5128117 Sebastian, FL 32958 581-7833 sunnv(@sunnvswildlife.com Vacant - Alt Member Term to expire 5/31/2018 Revised 6,29.17 67 of 154 Clh IN SEBASTL'kN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: 09 August 2017 Agenda Item Title: F.I.N.D. Project Agreement Amendment. Recommendation: Approve F.I.N.D. Agreement Amendment. Authorize the City Manager to execute appropriate documents. Background: On 08 April 2015, Council approved, and accepted, a Florida Inland Navigation District (F.LN.D.) Grant AR -SE -15-58 (Attachment 1) for improvements at the Sebastian Working Waterfront. The agreement was fully executed by F.I.N.D. on 02 November 2015. This grant was to help finance the Working Waterfront Park Phase 2A construction of a public restroom, and other improvements. The provisions of the Project Agreement provided for a completion date of 30 September 2017. When it became apparent that the City was not going to meet that deadline, the City Manager applied for an extension to the project on 03 July 2017 (Attachment 2). On 24 July 2017, the City received an extension to 01 September 2018 for project reimbursement. If Agenda Item Requires Exnenditure of Funds : Administrative Services Department Review: v Attachments: 1. F.I.N.D. Project Agreement #IR -SE -15-58 2. Griffin to Zimmerman MEMO — 03 July 2017 3. Zimmerman to Griffin — 24 July 2017 4. Project Agreement Amendment City Manager Authorization: Date: 31 July 2017 68 of 154 FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR -SE -15-58 This PROJECT AGREEMENT made and entered into this day of \�1� 20 1 s by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the Citv of Sebastian. (hereinafter the '`PROJECT SPONSOR'-). In consideration of the mutual promises and covenants contained herein. the parties agree as follows: I _ PRO.IECT - Subject to the provisions of this Agreemcnt and Rule 6613-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"). the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Workina Waterfront Park Phase 2A. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Anv modifications to the PROJECT'S scope of work shall require written advance notice and iustification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PRO.IECT and submit all required payment reimbursement information on or before September 311, 2017 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board. whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30. 2018, The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this Agreement beyond September 30. 2017. and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. 69 of 154 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than fifty percent5( 0%) ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A ("PROJECT COSTS") and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $88.551.00, Any modifications to the PROJECT'S Cost Estimate (Exhibit A) shall require written advance notice and iustification from the PROJECT SPONSOR and the prior written anvrov_al of the DISTRICT. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT Iess the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form 995-01 (Exhibit C) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT PERIOD, with the exception of pre -agreement costs, if any, consistent with Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement unless previously delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON 2 70 of 154 AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of the Agreement, reimbursement for all PROJECTS approved as Phase I projects will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further District funding. Procedures set forth below with respect to reimbursement by the District are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 18 and (5) a Final Project Report as described in Exhibit G. As part of the documentation accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom Project Sponsor has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a 3 71 of 154 DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claire, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this Agreement by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid,. PROJECT SPONSOR shall refund the full amount of the ASSISTANCE AMOUNT to DISTRICT, whereupon this Agreement, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17 and 20, PROJECT SPONSOR acknowledges that breach by PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17 or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific performance and injunctive relief and for purposes of determining whether to grant an equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm.. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 4 72 of 154 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES - Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the 5 73 of 154 project entrance of the completed project, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by project sponsor, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25 -year life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the 6 74 of 154 PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: City of Sebastian Attention: City manager, I225 Main Street Sebastian, FL 32958 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR, 27. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 7 75 of 154 29. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof. embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a %witten amendment signed by both parties hereto. IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: WI - ES: Sally A Maio, MMC City Clerk Robert A. Ginsburg City Attorney FLORIDA INLAND N VIGATION DISTRICT By: eve Director ctor DATE: Z-� c PRQJE )�4SPONSOR Joseph Griffin Title: City Manager DATE: S 76 of 154 EXIHBIT A FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eliLribility and fundine ratios) PROJECT TITLE: Working Waterfront Park Phase 2A APPLICANT: City of Sebastian Project Elements Quantity Estimated Applicant's Cost FIND Cost (Please list the MAJOR project elements and Cost provide a general cost break out far each one. (Number and/or Footage) For Phase l Projects, please list the major elements and products expecte4 Install boardwalk decking and public restrooms $177,102 $88,551 $88,551 ** TOTALS = $177,102 $88,551 $88,551 Form No. 90-25 (New 10/14192, Revised 0424-06) Agenda - 10 - 77 of 154 Exhibit B 2015 CHAPTER 66B-2 WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose 66B-2.002 Forms 66B-2.003 Definitions 66B-2.004 Policy 6613-2.005 Funds Allocation 66B-2.006 Application Process 66B-2.0061 Emergency Applications 66B-2.008 Project Eligibility 6613-2.009 Project Administration 66B-2.011 Reimbursement 66B-2.012 Accountability 66B-2.013 Acknowledgement 66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects 66B-2.015 Small -Scale Derelict Vessel Removal Projects 66B-2.016 Waterways Cleanup Events 668-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. ffistory—New 12-17-90, Formerly 16T-2.001. 66B-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374,976(.2) FS Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-1.002. 668-2.003 Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT' means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOUR[SHMENT' means the placement of sand on a beach for the nourishment, renourishinent or restoration of a beach. (5) `BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. 78 of 154 Exhibit B (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT' means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian Raver, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (2 1) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to Keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (30) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner. develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain 79 of 154 Exhibit B balance between quality of life and quality of the environment of waterways - Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History—New 12-17-90, Amended 9-1-42, 2-6-97. Formerly 16T-2.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-1I. 668-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement; operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 66B-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program Funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(l), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is 80 of 154 Exhibit B the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District Rulemaking Authority 374.976(2) FS Law Implemented 374976(l),(2) F5. History—New 12-17-90, Amended 2-3-94,2-&97. Formerly 16T-2.004, Amended 5-18-98,3-31-99, 5-25-00,3-21-01, 7-30-02, 3-3-04,4-21-05, 4-1-09,1-22-10, 3-7-11,3-7-12,1-27-14,2-17-15. 66B-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year- Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 9I-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: httn://www.ftruies.oreJGatewav/reference.ast)?No=Ref-03568 and available from the District office or by download from the District's webpage at: www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding patio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7) and Rule 666-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.014, derelict vessel projects consistent with Rule 6613-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016, F.A.C. Applicant's in- house costs are limited pursuant to paragraph 66B-2.008(l)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre -agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur 81 of 154 Exhibit B within the fiscal year of the grant application submission (October 1st to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (112) or less of the approved pre -agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 6613-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. All approved multi-year projects are limited to a maximum of two (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project_ The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more public accessible launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: All land acquisition projects shall qualify for a maximum of twenty-five (25) percent program funding. All pre -agreement expenses for land acquisition must be completed within one-year of the date of application for funding. All funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum period of 25 years after completion of construction, the District shall require the applicant to refund the program funding. (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem 82 of 154 Exhibit B tax collections as set forth in subsection 668-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemaking Authority 374976(2) FS Law Implemented 374.976(1), (3) FS. History -New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 167=2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02,3-3-04,4-21-05, 4-24-06, 4-15-07,3-25-08, 4-1-09, 3-7-11,3-7-12,4-10-13,1-27-14. 6613-2.006 Application Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 112014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 9I-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4- 24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 668-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management 83 of 154 Exhibit B plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. lnterlocal agreement projects shall comply with all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 668-2.0061, F.A.C., "Disaster Relief Applications", shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 12014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS. History -New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T- 2.006, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 1-27-14. 66B-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 6-24-93, Amended 2-6-97, Formerly 162'-2.0061, Amended 4-24-06. 655-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization directly benefiting the District's waterway channels; 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6. Waterway signs and buoys for safety, regulation or information; 7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities; 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities; 9. Derelict Vessel Removal; 84 of 154 Exhibit B 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront parks and boardwalks and associated improvements; 13. Maritime Management Planning; 14. Waterways boating safety programs and equipment; 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and 16. Environmental restoration, enhancement or mitigation projects; and 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or (6) or subparagraphs 66B-2.008(1)(a)l.-16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of "other waterway related project" and eligible for 25% funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat; 2. Restrooms for non -waterway users; 3. Roadways providing access to non -waterway users; 4. Parking areas for non -waterway users; 5. Utilities for non -waterway related facilities; 6. Lighting for non -waterway related facilities; 7. Project maintenance and maintenance equipment; 8. Picnic shelters and furniture; 9. Vehicles to transport vessels; and 10. Operational items such as fuel, oil, etc. l 1.Office space that is not incidental and necessary to the operation of the main eligible public building; and 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and 13. Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: I. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph I. above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire -fighting vessels are eligible for a maximum of $60,000 in initial District funding. Marine law enforcement and other vessels are eligible for a maximum of $30,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase 11 will include the construction of the project. A description and cost estimate of the Phase 11 work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years atter project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental 85 of 154 Exhibit B entity. The governmental entity that owns the project site may be joined as a co -applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Should the environmental permitting element of an application that has construction elements requiring state or federal environmental permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM hearing, the District will not deviate from the funding schedule to accommodate any application deficiency. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways; while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5 -year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following: 1. Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips_ 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. b. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation 86 of 154 Exhibit B credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of Project or specific project costs. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1)-(3) FS. History -New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9- 5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08. 4-1-09, 2-22-10, 3-7- 11, 3-7-12, 1-27-14, 2-17-15. 658-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 66B-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and 87 of 154 Exhibit B available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by Rule 6613-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History -New 12-17-90. Formerly 16T-1.009, Amended 3-11-01, 7-30-02, 3-7-11,1-27-14. 6613-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum fending assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of: (a) The percentage total of project funding that the Board has agreed to fund, or (b) The maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976{1) FS Law Implemented 374.976(1) FS. History -New 11-17-90, Amended 6-24-93, Formerly 16T-1.011, Amended 3-31-99, 7-30-02, 3-7-11. 6613-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B- 2-009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. 88 of 154 Exhibit B (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is Iater, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History -New 12-17-90, Formerly 16T-2.012, Amended 7-30-02. 6613~2.013 Acknowledgement The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the project_ This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS History New 12-17-90, Formerly 16T-2.013, Amended 2-22-10. 6613-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Cali for Proposals — Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 66B -2.014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a) Management Pian Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 6613-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in -[rind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02- 0l (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 7-30-02, Amended 4-24-06, 3-7-11. 89 of 154 Exhibit B 6613-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-2406), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 424-06), hereby incorporated by reference and available from the District office. Appiications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not -fpr -profit organization. (4) District funding shall be limited to $30,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.G. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost - share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 6613-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. ( 10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. Rulemaking Authority 374.976(2) FS. Lav Implemented 374.976(1) FS. History -New 4-24-06, amended 4-15-07,3-25-08,3-7-11, 1-27-14- 66B-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District fluids, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not -far -profit corporation. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, on-line, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program. 90 of 154 Exhibit B In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds. (8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway -related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374.976(1) FS. Law Implemented 374.976(l) FS. lYislory-New 3-7-11. 91 of 154 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Citv of Sehacti an Project Title: Working Waterfront Park Phaseproject #:., 3 2A I hereby certify that the above referenced project Sponsor, as of October 01, 2015, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated �,�}„�,8r 7q, -„�S.* Project Liaison Name: Project Liaison Signature: Date: i n/74/1 s Joseph Griffin *S. 837.05 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 919!95 (revised 7-30-02) 92 of 154 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: Amount of Assistance All Funds Previously Requested Balance Available Funds Requested Less Retainage (-10% unless final) Check Amount Balance Available Less Check Amount Balance Remaining Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "A") FIND - Form No. 90-14 Effective Date 7-30-02) k- SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost PROJECT #: BILLING M Applicant FIND Cost Cost (NOTE: Signature Required on Page 2) 93 of 154 FIND - Form No. 90-14 Page Two Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "A") EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. " Project Liaison Date *S. 837,06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effective Date 7-30-02) 94 of 154 F". 1.3YV, FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certification ho://www.aicw.oTg/closeout wap.jsp Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated ,20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph I of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) 95 of 154 EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT httD://www.aicw.org/wal3app adf ihtml?method=view&wavanv Ddf id=l PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1 -DEC 15 ; Dec 15 -Mar 1 ; Mar 1 -June IS ; June 15 -Sep 1_ Report Due: (Dec 30) (March 15) (June 30) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No_ 95-02 (Effective Date: 7-30-02) 96 of 154 EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2015 - Project Agreement Executed, Project Initiates. DECEMBER 30, 2015 - First Quarterly Report Due. httD://www.aiew.oralwaDapq t)df.ihtml?method=view&wanann ndfid=l MARCH 15, 2016 - Second Quarterly Report Due. - JUNE 30, 2016 - Third Quarterly Report Due. SEPTEMBER 15, 2016 - Fourth Quarterly Report Due. DECEMBER 30, 20156 - Fifth Quarterly Report Due. MARCH 15, 2017 - Sixth Quarterly Report Due. JUNE 30, 2017 - Seventh Quarterly Report Due. NOTE: If the project will not be completed and all close out paperwork submitted by September 111, a request far a 1 -year extension of the completion date of the project should be submitted with the June 2017 quarterly report SEPTEMBER 01, 2017 - Closeout paperwork due, httD://aicw.org/closcout wamisv CIoseout paperwork consists of : • Project Completion Certificate, FMD Form No. 90-13 (effective date 7-30-02), which certifies that the project was completed in accordance with the project agreement and the final project plans. • A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. • Photograph(s) showing the installation of the sign required by Rule 6613-2.013, F.A.C. • Photograph(s) of the completed project clearly showing the program improvements. Opg or of format) • A Final Project Report (1-2 pages) that shall at minimum include: project name and address, project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2017 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check with check presentation to sponsor. NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and prior written approval ofthe District. The appropriate timing for modifications to the project cost estimate, Exhibit A, would be after receipt of bids. 97 of 154 *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement. 98 of 154 EXHIBIT H htty://www.aiew.ore/bidPubml?method=IistByCat id&bids.cat id=4 99 of 154 CD CSF HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225 MAIN STREET — SEBASTIAN, FL 32958 PHONE 772-388-8200 — FAX 772-581-0149 Lrittin, cit�ofseba,tian.or^ ��«.citvofsebasuan.or� u I DIO_I��0 1-1"01 TO: Janet Zimmerman; F.I.N.D. Asst. Executive Director RE: Project #: IR -SE -15-58; Request for Extension DATE: 03 July 2017 Please consider this MEMO a formal grant extension request for the above referenced project. A chronology of events and justification for the grant extension is as follows: 1. F.I.N.D. grant award for IR -SE -15-58: 02 November 2015 2. City immediately engaged engineering firm: Hoyle Tanner 3. Design/engineering completion: December 2016 4. Construction publically bid: 21 March 2017 5. FDEP permit received: 29 March 2017 6. Construction bid opening: 07 April 2017 7. Construction bid award by City Council: 24 May 2017 8. Construction `Notice to Proceed:' 09 June 2017 The construction period is scheduled for 120 days. Completion date is 07 October 2017. The City is respectfully requesting a six (6) month extension until 01 March 2018, to provide for any contingencies. The City of Sebastian is fully committed to this project. Because of high construction cost bids, the City has committed an additional $129,433 in order to complete the project. Design and permitting have been a challenge. The City has worked diligently through those issues and is now in the construction phase. Thank you for consideration of this request. " Joe Griffin City Manager 100 of 154 FLORIDA INLAND NAVIGATION DISTRICT eLCMr. July 24, 2017 Project #IR -SE -15-58 JONNETTSProject Agreement Extension FLAGLER COUNTY Joe Grifl=ln DON DONALDSON City of Sebastian VICE -CHAIR 1225 Main Street ST-LUCIE COUNTY Sebastian, EL 32958 COMMISSIONERS RE: Working Waterfront Park Phase 2A Project #IR -SE -15-58 JONNETTSProject Agreement Extension FLAGLER COUNTY DON DONALDSON VICE -CHAIR ST-LUCIE COUNTY Dear Mr. Griffin, J. CARL BLOW RER On July 21, 2017, the District's Board of Commissioners approved ST.JOEHNS`CO NTY your FRANK GERNERT requested time extension to complete your Waterways Assistance Project(s). SECRETARY All extensions are for a one (1) year period, ending on September 30, 2018. BROWARD COUNTY 0n or before September 01, 2018, you must submit your final closeout T. SPENCER CROWLEY, III MIAMI-DADE COUNTY paperwork to complete this project. DONALD J. CUOZZO MARTIN COUNTY I am enclosing two originals of a Project Extension Agreement Amendment for CHARLES C.ISIMINGER your execution. Please read this agreement carefully and execute and return PALMSEACH COUNTY both agreements to me for final execution by the Board. One fully executed SUSANNE McCASEoriginal VCLUSlA COUNTYUNTY will be returned to you for your records. MICHAEL O'STEEN DUVALCOUNTY Should you have any questions or need additional information please contact JERRY H. SANSOM me. SREVAROCOUNTY LYNN A. WILLIAMS NASSAU COUNTY Sincerely, VACANT INDIAN RIVER COUNTY MARK T.CROSLEY Janet Zimmerman EXECUTIVE DIRECTOR Assistant Executive Director JANET ZIMMERMAN ASSISTANT EXECUTIVE DIRECTOR Attachment: Project Extension Agreement ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9427 TELEPHONE 561-6627-3386 FAX No. 561-624-6480 www'mmorg 101 of 154 PROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT #IR -SE -15-58, Working Waterfront Park - Phase 2A, between the FLORIDA INLAND NAVIGATION DISTRICT hereafter known as the DISTRICT and City of Sebastian hereafter known as the PROJECT SPONSOR, the parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT shall be deleted and the following be substituted therefore: 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2018. Pursuant to law, the PROJECT period cannot extend beyond three (3) years from October 1, 2015 and therefore this PROJECT must be completed by September 30, 2018, unless the completion of the PROJECT has been delayed by a declared natural disaster and the DISTRICT Board authorizes an extension of the completion date based upon this delay. In WITNESS WHEREOF, the parties have hereunto set their hands and seals this of 120 Attest: F.I.N.D. Attest: DIRECTOR PROJECT SPONSOR Jeanette Williams, City Clerk CONTRACT ADMINISTRATOR 411, Joseph Griffin, City Manager Robert A. Ginsburg, City Attorney 102 of 154 3' if SEBMTL_% HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 09 August 2017 A,aenda Item Title: Presentation of Proposed FYI 7/18 Budget and Capital Program Recommendation: Consider Presentation Background: Council was provided an overview of the Proposed General Fund Budget at the 12 July 2017 Regular City Council Meeting including Staff s recommendations on the proposed millage. At this time, the City Council will be updated on events occurring since that meeting to include an overview of the Enterprise and Special Revenue Funds. The Proposed General Fund Budget remains balanced at 3.4000 Mills. The 3% allocation for employee pay increases is still subject to negotiations. Staff has received proposals on employee health insurance and will recommend a change be made to Florida Blue. Florida Blue has proposed a premium increase of 2.3% versus the 10% budget allocation. Staff is proposing that the `approximate' $70,000 difference be set aside for pay adjustments for employees that demonstrate extraordinary performance or assume significantly more duties and responsibilities. The Golf Course, Airport and Building Enterprise Funds Operating Budgets are balanced using projected revenues for the year. Golf Course revenues are projected to increase due to the recent investments in the Golf Course facility. Airport revenues are increasing resulting from additional facility rentals. A decrease in Building Fund revenues is projected assuming permitting activity will decline somewhat from recent levels. Special Revenue Funds continue to enable significant capital improvements. $451,000 is allocated next year from local option gas taxes for repaving Indian River Drive. Discretionary sales taxes will be applied to computer upgrades and police vehicles, plus funding major capital items, including matching funds for Stonecrop drainage improvements and the relocation of the Public Works Compound. The Riverfront CRA Fund continues to fund special events, the sign grant, and septic -to -sewer programs and allocates funds to update the CRA Master Plan, preserve trees at Riverview Park and improve signage. Recreation impact fees are programmed for Barber Street BallfieId Lighting and an ADA Playground. The Citizen's Budget Review Advisory Board was updated on the Budget at their 31 July 2017 meeting. FYI 7/18 Budget Public Hearings are scheduled at a Special Council Meeting on 18 September 2017 and at a Regular Council Meeting on 27 September 2017. 1 r� Administrative Services Department/CFO Review: " L -L -j i Attachments: City Manager Authorization: Date: 02 August 2017 Ken Killgore, CFO — PowerPoint 103 of 154 2018 Budget and Capital Program Presentation on Draft Budget and Capital Improvement Program City Council Regular Meeting Wednesday, August 9, 2017 Prepared By: Ken Killgore Administrative Services Director and CFO General Fund Summary $ 682,998 Personnel Costs (6,762) Operating Expenses (164,035) Capital Equipment (503,812) Transfers to Other Funds (185,774) Contingency $(177,385) Net Budget Decrease z General Fund Overview o Millage at 3.4000 - $4,,099 More in Ad Valorem Revenue Than Last Year. o Adding 3 Full -Time Positions and 1 Part-time. o Reserves Are Fully Replaced for the Costs of the Voluntary Early Retirement Program. 0 4 O Personnel Cost Up $682,998 0 3% Allocated for Employee Pay Increases (Negotiable!). 0 2.3% Higher Medical Insurance Premiums versus 10% Allocated. Suggesting allocation for pay increases for employees demonstrating extraordinary performance or assuming significantly more duties and responsibilities. Action should be deferred until Pay Increases are negotiated. w Personnel Cost (Continued) o General Fund Position Changes: o Audio Visual Technician (Temp). o Community Development Director/CRA Manager. o Additional Police Officer and 2 Part-time Police Officers. o Removed City Engineer Position. o Changed 1 Maintenance Worker to 2 Part-time in the Roads & Maintenance Division. o Added 2 Maintenance Workers in Stormwater Division. o Reduced 1 Part-timer in Facilities Maintenance. o Reduced Gymnastic Assistants Part-time from 10 to 8. o Part-time Cemetery Maintenance Worker to Full-time. o Net Change of 3 Full-time, 1 Part-time. 5 0 0 All Other Expenditures o Operation Cost Down $6,672. o Capital Purchases Down $164,035: Shifted to DST and Recreation Impact. Deferred Replacements -Use R&R. o Transfers Down $503,812: Primarily for Street Repaving and the Indian River Lagoon Account. on Enterprise Funds: Golf Course o Assuming More Revenue Due to Capital Improvements and Upgrades to the Restaurant. o $6,000 Increase in Airport Rent. o Paying Principal and Interest on Building Fund Inter -fund Loan. o Cart Lease Approved 6/28/17 Enterprise Funds: Airport o Rentals Projected Higher Due to Income from Hangar C. o $10,000 Allocated for Economic Development Advertising. o $10,000 Allocated for Entrance Signage. o Repaying $25,000 of General Fund Loan and Scheduled Amortization of Loans from Discretionary Sales Taxes. Enterprise Funds: Building o Operating Revenue Estimates Reduced. o Expecting $31,744 for Principal and Interest on Golf Course Loan. o No Additional Loans are Assumed. 9 CA) 0 Cyl Special Revenue and Other Funds: Special Revenue Funds o Local Option Gas Tax: Allocating $451,000 for Repaving Indian River Drive next year. Allocating.$320,000 for Repaving Pleasant View, Ro inghills and Schumann in 2019. Allocating $250,,000 Each Year After. o Parking In Lieu Of Fund: $13,775 on Last Year of Agreements. Expecting $71,,442 Year End Balance in 2018. 10 Special Revenue and Other Funds: Special Revenue Funds o Discretionary Sales Tax: Computer Upgrades and PC Replacements Scheduled for 2019. Replacement of Police Vehicles. Pickle Ball - 4 Courts in 2018, 4 in 2019. Shoreline Work at Working Waterfront in 2019. Matching on Stonecrop Drainage in 2015. Police Radio System Upgrade. Relocation of Public Works Compound. Stormwater Heavy Equipment. Matching on Several Airport Projects. New Irrigation System at Cemetery. 11 Special Revenue and Other Funds: Special Revenue Funds o Riverfront CRA Fund: Repairs at Working Waterfront. Special Events. Sign Grant Program. Septic -to -Sewer Connection Program after 2018. ($230K Allocated in 2017, Plus $240K Earmarked for Lagoon.) Updating CRA Master Plan in 2018. Annual Funding for Riverview Park Trees. Funds for Wayfinding Signage in 2015 and Street Signage in 2019 and 2020. 12 Special Revenue and Other Funds: Special Revenue Funds o Recreation Impact Fee Fund: Barber Street Bellfield Lighting in 2018. ADA Playground in 2018. o Stormwater Utility Fund: Stormwater Park Electric, Pump/Baffle Box Filters, Replacing Equipment, Road Crossing & Side Yard Piping. Increasing Annual Transfer to General Fund to About 75% of General Fund Spending. 13 Special Revenue and Other Funds: Special Revenue/Trust Funds o Law Enforcement Forfeiture Fund: Used Only for Unbudgeted Items. o Cemetery Trust Fund: Headstone Straightening Project in 2018. 1/2 of Lot Sales Are Set Aside - Considering an Option to Transfer 1/2 of the Previous Year Actual Set Aside to General Fund to Cover a Portion of O&M Expenditures. 14 Special Revenue and Other Funds: Debt Service Obligations o Discretionary Sales Tax Debt Service Fund: Final Maturity was 4/01/17. o Stormwater Utility Debt Service Fund: Includes Required Bank Note Payments. $1,912,000 Outstanding as of 9/30/17. Final Maturity on 5/01/22. o Paving Note: Included in Local Option Gas Tax Fund. $1,263,,000 Outstanding as of 9/30/17. Final Maturity on 2/01/22. 15 0 Public Hearing Dates o First Hearing on Millage and Budget at Special Meeting on Monday, September 18t". o Final Hearing on Millage and Budget at Regular Meeting on Wednesday, September 27tH. o Questions/Comments? 16 CCV SEBAST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 09 August 2017 Agenda Item Title: Presentation by Gehring Group, City Insurance Consultants; Employee Health Insurance. Recommendation: Consider Proposed Changes. Background: The attached PowerPoint presentation, prepared by Gehring, sufficiently covers the steps taken to attain proposals from our current, and competing, insurance companies. Gehring recommends that Florida Blue/Blue Options be awarded coverage for employee health insurance for FY 17/18. Dental and vision insurance remains with Humana and in October 2017, Humana will enter the second year of a guaranteed two (2) year rate plan. In September 2017, Council will be requested to take action to approve these proposals and other FY 17/18 budget issues. If Agenda Item Requires Expenditure of Funds: Total Premium Cost: $1,048,881 Budgeted in FY 17/18: $1,121,107 (General Fund plus Enterprise Funds) Amount of Estimated Anticipated Savings: $72,226 Fund to Be Utilized for Appropriation: General Fund and Enterprise Funds. Administrative Services Department/CFO Review:' l Attachments: 1. Gehring Group PowerPoint — Employee Benefits Overview 2. Ghering Group RFP Review Meeting — 27 July 2017 City Manager Authorization: Date: 01 August 2017 120 of 154 CITY OF 1 `rte A r 4i I S S I10MF OF PELICAIBJ ISLAND Employee Benefits Overview Renewal / Request for Proposal Process August 9, 2017 Presented By: GEHRINGAGROUP ENSU RANCE BROKERS, & CONSULTANTS Items for Discussion 1. Employee Benefit Program Recap (2014-2017) 2. Renewal &Request for Proposal Process • Medical • Basic Life/AD&D, Voluntary Life, Long Term Disability • Employee Assistance Program I Recommendation of Renewal N N O Can Employee Benefits Recap (2014-2016) Carrier: Final us Carrier: Renewal: Medical: FL Blued UHC 8% savings No Change Dental: FCL --> UHC 7% savings No Change Final us Carrier: Renewal: 8.2% savings Plan Design No Change Change Final vs Renewal: 11.8% savings Plan Design Change No Change UHC ->Humana 20.9% savings Vision: FL Blued UHC 3% savings No Change No Change UHC ->Humana 12.5% savings Life/AD&D: No Change No Change No Change No Change No Change No Change Long Term No Change No Change No Change No Change No Change No Change ;Disability: ;EAP: No Change No Change No Change No Change No Change No Change Request for Proposal Process • July 5th: Renewals received • Medical: 24.8% initial increase, revised to 21.8% increase • Life/AD&D, Voluntary Life, and LTD: no increase • EAP: 4.5% increase with subsequent 4.5% increases the next 2 years • All other lines in rate guarantee until 2018 • July 7th: Released Request for Proposal • July 24th: Proposal Deadline • Respondents: • 5 Medical Carriers N • 5 Life/AD&D, Voluntary Life and LTD Carriers • 5 EAP Carriers Request for Proposal Process Respondents: United Healthcare Hartford Aetna CIGNA Lincoln Lincoln Florida Blue Renaissance Renaissance Florida Municipal Insurance Symetra Symetra Trust --.x Health First The Standard New Directions (FI Blue) 0 Medical Insurance, Request for Proposal Finalists Current Negotiated Renewal Offer Alternative #1 i In Network Out of Network I In Network Out of Network In Network Out of Network Unlimited Unlimited Unlimited Deductible Single $2,000 $3,000 $ 2,000 $3,000 $1,500 $3,000 Family $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam $3,000 $6,000 Out of Pocket Maximum Single $4,004 $6,000 $4,000 $6,000 $4,500 $9,000 Family $4,000 Ind / $8,000 Fam $8,000 Ind / $12,000 Fam $4,000 Ind / $8,000 Fam $8,000 Ind / $12,040 Fam $6,850 Ind / $9,000 Fam $18,000 Coinsurance 24Y° 40% 20% 40% 20% 40% Physician Office Visit PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% specialist Visit PYD + 203° PYD + 40% PYD + 24% PYD + 44% PYQ + 203° PYD + 40% 'reventiveServices No Charge PYD +40% No Charge PYD+40% No Charge PYD +40% ndependent Clinical Lab PYD +20% PYD +40% PYD +20% PYD +40% PYD PYD +4D% -lospital inpatient PYD + 20% PYD + 44% PYD + 20% PYD + 40% PYD + 203° PYD + 40% Outpatient PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% emergency Room Visit PYD+ 20% PYD + 20% PYD + 20Yo PYD+ 20% PYD + 24% PYD+ 20% Physician Services PYD +20% PYD+40% PYD +20% PYD +40% PYD +20% INN PYD+20% Prescription Drugs Pier 1 / Generic PYD + $10 PYD + $10 PYD + $10 PYD + $10 PYD + $10 Tier 2 /Brand Name PYD + $30 PYD + $30 PYD + $30 PYD + $30 PYD + $30 Tier 3 / Non Preferred Brand PYD + $50 PYD + $50 PYD + $50 PYD + $50 PYD + $50 50% Tier N/A N/A N/A N/A N/A Mail Order (90 day supply) 2.5x Retail Copay after PYD Not Covered 2.5x Retail Copay after PYD Not Covered 2.5x Retail Copay after PYD Medical Rates: EE Only $538.64 $655.84 $546.03 -EE + Spouse $1,211.95 $1,475.65 $1,249.57 �ENJChild(re n) $937.23 $1,141.16 $966.05 EE(W�Family $1,588.98 $1,934.7) $1,638.09 1A64kthly Premium $85,407 $103,990 $87,407 Aral Premium $1,024,881 $1,247,880 $1,048,881 $ lierease N/A $222,999 $24,000 ,Y° Increase N/A 21.8% 2.3% Life/AD&D &Long Term Disability Request for Proposal Finalists Current Negotiated Renewal Offer Negotiated Alternative #1 Offer LIFE / AD&D The Hartford The Hartford Lincoln Benefit Class 1&2: 10,000 Class 1&2: 15,000 Class 1&2: 15,000 Class 3: $150,000 Class 3: $150,000 Class 3: $150,000 65% at age 65 65% at age 65 65% at age 65 'Age Reduction 50% at age 80 50% at age 80 50% at age 80 Tt� — J—La u at retirement Terminated at retirement Terminated at retirement iAccelerated Death Benefit (Benefits Volume Life per $1,000 ,4D&D per $1000 'MONTHLY PREMIUM ANNUAL PREMIUM $ INCREASE -% INCREASE 'Max. Monthly Benefit Elimination Period Own Occupation Period Waiver of Premium 80% to Plan Maximum $1,300,50o $0.190 $0.030 $286.11 $3,433.32 $0.00 0.0% b-0% $5,000 90 days 24 Months Included 80% to Plan Maximum $1,300,500 $0.182 $275.71 $3,308.47 -$124.85 -3.6% 60% $5,000 90 days 24 Months Included 75% to Plan Maximum $1,300,500 $0.150 $0.030 $234.09 $2,809.08 -$624.24 -18.2% b0% $5,000 90 days 24 Months Included Benefits Volume $508,049 $508,049 Rate per $100 $0.370 $0.370 $508,049 $0.300 MONTHLY PREMIUM $1,879.78 $1,879.78 $1,524.15 ANNUAL PREMIUM $22,557.38 $22,557.38 $18,289.76 INCREASE N/A $0.00 -$4,267.61 % INCREASE N/A 0.0% -18.9% GuAPantee Expires 9]30/2017 24 Mpnths 36 Months ML PREMIUM MG(4THLY PREMIUM $2,165.89 $2,155.49 $1,758.24 IMLIAL PREMIUM $25,990.70 $25,865.85 $21,098.84 $ MCREASE N/A -$124.85 -$4,891.85 % INCREASE N/A -0.5% -18.8% (Number of Sessions per TE/Dependent 'Locations - Fist All Manager & Supervisor Training Brochures & Workplace Posters Frequency of Reporting I Onsite Hours -ritical Incident Debriefing ,Employee Assistance Program. Request for Proposal Finalists CURRENT RFNEWAL Alternative #1 Up to 6 per year Nationwide Network Included Included Quarterly & Annual 2 hours included; Pass through charge of $250/hr+ travel Nationwide Network Included Included Quarterly & Annual i 2 hours included; Pass throuW,, 4,a, s� of $250/hr+ travel 1 staff hour on site per incident; Additional Vewsletters time $250/hr-$375/hr i Legal/Financial Services Quarterly :Rate Guarantee Unlimited telephonic consultation on Per Employee Rate separate issues — iMonthiy Premium IV Year 1 W O Annual Premium $2.00 $2.09 4�1 �$ Increase I 1% Increase ,Employee Assistance Program. Request for Proposal Finalists CURRENT RFNEWAL Alternative #1 Up to 6 per year Nationwide Network Included Included Quarterly & Annual 2 hours included; Pass through charge of $250/hr+ travel Nationwide Network Included Included Quarterly & Annual i 2 hours included; Pass throuW,, 4,a, s� of $250/hr+ travel 1 staff hour on site per incident; Additional 1 staff hour on site per incident; Additional time $250/hr-$375/hr time $250/hr-$375/hr Quarterly Quarterly Unlimited telephonic consultation on Unlimited telephonic consultation on I separate issues — separate issues 36 Months Year 1 Year 2 J Year 3 J $2.00 $2.09 $2.18 $2.27 $200.00 $209.00 $218.00 $227.00 $2,400.00 $2,508.00 $2,616.00 $2,724.00 N/A $108.00 $108.00 $108.00 N/A 4.50% 4.50% 4.50% Up to 6 per year Nationwide Network Included Included Quarterly 2 staff hours on site included 2 staff hours on site included Quarterly Unlimited telephonic consultation on separate issues 36 Months $1.32 $132.00 $1,584.00 -$816.00 -34.0% N CD 0 Medical Recommendation • Florida Blue BlueOptions Plan 05190/05191 • Minimal disruption in network • Employee familiarity with carrier & plan design • 2.3% increase to current total premium • 19.5% savings from renewal ($199,000 savings) • Lower deductible & higher out of pocket maximum Current Deductible Single Family Out of Pocket Maximum Single Family Alternate #1 $2,000 $3,000 $1,500 $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam $3,000 $ 4,000 $6,000 $ 4,500 $4,000 Ind / $8,000 Fam $8,000 Ind / $12,000 Fam $6,850 Ind / $9,000 Fam 20% 40% 20% $3,000 $6,000 $9,000 $18,000 40% Monthly Premium $85,407 $87,407 Annual Premium $1,024,881 $1,048,881 $ increase N/A $24,000 Increase N/A 2.3% Life/AD&D,, Voluntary Life, LTD, and EAP Recommendation • Life/AD&D, Voluntary Life: Lincoln Financial Group • 18.2% reduction in current premium • $5,000 more in Death Benefit • 36 month rate guarantee • Long Term Disability: Lincoln Financial Group • 18.9% reduction in premium on LTD • No change to benefit design • 36 month rate guarantee • Employee Assistance Program: ComPsych (LFG) CD • 34% Reduction in premium O • 36 month rate guarantee Question & Answer W 0 CITY OF I 10ME OF PELICAN ISL4,N D Analysis by: GEIIRING,A GROUP- . -... 1: -. 4200 Northcorp Parkway, Suite 185 Palm Beach Gardens, Florida 33410 (561) 626-6797 (561) 626-6970 -- Fax www.gehringgroup.com 132 of 154 City of Sebastian Employee Benefits RFP Bid List GEIIRING ,AGROUP I N S U R A N C E B R O KENS I 6 CON 5 V L i A N 7 5 Aetna DTQ DTQ DTQ DTC ✓ AIG No Response CIGNA ✓ DTQ DTQ DTQ Florida Blue ✓ ✓ WIT No Response Guardian DTQ DTQ DTQ Health First Health Plan ✓ Humana DTQ Lincoln Financial Group ✓ Magellan Healthcare _ MetLife DTQ MHN [EAP] Mutual of Omaha New Directions One America Optum Health - EAP DTQ DTQ No Response DTQ Late Response ✓ No Response No Response Principal Financial Group DTQ DTQ DTQ Renaissance ✓ ✓ ✓ ✓ Standard SunLife Symetra ✓ ✓ ✓ ✓ ✓ ✓ United HealthCare of Florida ✓ Unum Hartford DTQ ✓ DTQ ✓ I DTQ ✓ w w 0 CTI No Response E City of Sebastian Medical Insurance Renewal Evaluation Effective Date: October 01, 2017 Lifetime Maximum Deductible Single Family Out of Pocket Maximum Single Family Coinsurance Office Visits Physician Office Visit Specialist Visit Preventive Services Independent Clinical Lab Advanced Imaging Urgent Care Center Hospital Inpatient Outpatient Emergency Room Visit Physician Services Mental Health Inpatient Outpatient Prescription Drugs Tier 1 / Generic Tier 2 / Brand Name Tier 3 / Non Preferred Brand Tler 4 Mail Order (90 day supply) Medical Rates: EE Only EE+Spouse EE +Childiren) EE + Family Monthly Premium Annual Premium $ Increase % Increase Current Unlimited $2,000 $3,000 $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam $4,000 56,000 $4,000 Ind / $8,000 Fam $13,000 Ind / $12,000 Fam 20% 40% Initial Renewal Unlimited $2,000 $3,000 $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam $4,000 $6,000 $4,000 Ind / $8,000 Fam $8,000 Ind / $12,000 Fam 20% 40% GEHRING AGROUP IN 5u R ANC E BROK ERS/ L CON S if LTANTS Revised Renewal Unlimited $2,000$3,000 $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam $4,000 $6,000 $4,000 Ind / $8,000 Fam $8,000 Ind / $12,000 Fam 20% 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40YY. PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% No Charge PYD +40% No Charge PYD + 40% No Charge PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 401Y. PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD +20% PYD +40% PYD +20% PYD +40% PYD +20% I PYD +40% PYD+20% PYD +40% PYD +20% PYD +40% PYD +20% I PYD+40% PYD + 20% PYD + 20% PYD + 20% PYD + 20% PYD + 20% PYD + 20% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD +20% PYD +40% PYD +20% ( PYD +40% PYO +20% PYD +40% PYD + $10 PYD + $10 PYO + $10 PYD + $10 PYD + $10 PYD + $10 PYD + $30 PYD + $30 PYD + $30 PYD + $30 PYD + $30 PYD + $30 PYD + $50 PYD + $50 PYD + $50 PYO + $50 PYD + $50 PYD + $50 N/A N/A N/A N/A N/A N/A 2.5x Retail Copay after PYD Not Covered 2.Sx Retail Copay after PYD Not Covered 2.5x Retail Copay after PYD Not Covered 69 $538.64 $672.01 $655.84 12 $1,211.95 $1,512.03 $1,475.65 19 $937.23 $1,169.29 $1,141.16 10 $1,588.98 $1,982.42 $1,934.72 $85,407 $106,554 $103,990 $1,024,881 $1,278,645 $1,247,880 N/A $253,764 $222,999 N/A 24.8% 21.81Y. 2 City of Sebastian Medical Insurance Renewal Evaluation Effective Date: October 01, 2017 Current 1131an Basics Unlimited In Network I Out of Network Lifetime Maximum $4,000 Unlimited $4,000 Deductible $6,000 $6,sS0 Ind / $8,000 Fam $13,700 Ind / $12,000 Fam 20% j Single PYD + 20% $2,000 PYD + 40% $3,000 Family PYD +40% $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam Out of Pocket Maximum No Charge PYD +40% PYD +20% Single PYD +40% $4,000 ] $6,000 Family $4,000 Ind / $8,000 Fam $8,000 Ind / $12,000 Fam Coinsurance PYD +40% 20% ; 40% Office Visits PYD +40% PYD +20% ( Physician Office Visit PYD +20% PYD+ 20% PYD +40% PYD + 40% Specialist Visit PYD+ 20% PYD + 40% Preventive Services No Charge N/A PYD + 40% Independent Clinical Lab 3x Retail Copay after PYD PYD+ 20% PYD + 40% Advanced imaging PYD+ 20% i PYD + 40% Urgent Care Center PYD+ 20% $1,798.61 PYD + 401/. Hospital $96,411 $1,156,931 Inpatient PYO+ 20% PYD + 401/. Outpatient PYD+ 20% ; PYD + 401/. Emergency Roam Visit PYD+ 20% i i PYD + 20% Physician Services PYD +20% PYD +40% Mental Health Inpatient PYD +20% PYD+40% Outpatient PYD+ 20% I PYD + 40% Prescription Drugs Tier 1 / Generic PYD+ $10 1 PYD +$10 Tier 2 / Brand Name PYD+ $30 PYD + $30 Tier 3 / Non Preferred Brand PYO +$50 i PYD + $50 Tier N/A I N/A Mail Order (90 day supply) 2.5x Retail Copay after PYD I Not Covered Medical Rates: EE Only 69 $538.64 EE + Spouse 12 $1,211.95 EE + Childirenj I9 $937.23 EE + Family IO $1,588.98 Monthly Premium $85,407 Annual Premium $1,024,881 $ Increase NIA % Increase N/A W CP O 6P In Alternate #1 Unlimited $2,000 $4,000 $4,000 $4,000 Ind / $8,000 Fam 20% PYD + 20% PYD + 20% No Charge No Charge PYD + 20% PYD + 20% PYD + 20% PYD + 20% PYD +20% PYD + 20% PYD + 20% PYD + 20% PYD + $10 PYD + $30 PYD +$50 N/A 3K Retail Copay after PYD telehealth - PYD + 209/. $3,000 $6,000 $6,000 $6,000 Ind / $12,000 Fam 40% $621.30 $1,403.73 $1,08450 $1,841.90 $98,739 $1,184,868 $159,987 15.6% PYD + 40% PYD + 40% PYD + 40% PYD + 40% PYD + 40% PYD + 40% PYD + 40% PYD + 40% PYD + 20% PYD + 40% PYD +40% PYD +40% 50% GEMUNG ■ GROUP I N 5 U R A N C E B ROK♦ R S, G CON SULTANTS #2 3 Unlimited $2,000 i $3,000 $4,000 $6,000 $4,000 ' $6,000 $6,sS0 Ind / $8,000 Fam $13,700 Ind / $12,000 Fam 20% j 40% PYD + 20% I PYD + 40% PYD +20% PYD +40% No Charge PYD +40% No Charge PYD +40% PYD +20% I PYD +40% PYD + 20% i PYD + 40% PYD +20% PYD +40% PYD +20% I PYD +40% PYD +20% PYD +20% PYD +20% PYD +40% PYD +20% ( PYD +40% PYD +20% I PYD +40% PYD +$10 PYD + $30 PYD + $50 50% N/A ! 3x Retail Copay after PYD $606.61 $1,370.71 $1,058.96 $1,798.61 $96,411 $1,156,931 $132,051 12.9% Telehealth - PYD + 20% 3 City of Sebastian Medical Insurance Renewal Evaluation Effective Date: October 01, 2017 GEI HUNG AGROUP I N S U R A N C E B R O K E R S I A r o N$ U L T A N 1 1 4 Current Alternate #3 Alternate 44 SCHEDULEOF United AHIP, Healthcare Rm Plan: 135 -HRA ■. •.5180/5181 Pian Basics In Network Out of Network In Network Out of Network In Network I Out of Network Lifetime Maximum Unlimited Unlimited Unlimited Deductible Single $2,000 $3,000 $1,500 $3,000 $1,500 53,000 Family $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam $3,000 1 $6,000 $3,000 I $6,000 Out of Pocket Maximum Single $4,000 $6,000 $4,500 $9,000 $3,000 $6,000 Family $4,000 Ind / $8,000 Fam $8,000 Ind / $12,000 Fam $6,850 Ind / $9,000 Fam $18,000 $6,000 $12,000 Coinsurance 20% 40% 205K. 40% 10% 40% Office Visits Physician Office Visit PYD + 201/. PYD+ 40% PYD + 20% PYD + 40% PYD + 10% PYD + 40Ya Speciallst Visit PYD + 20% PYD + 40% PYD + 20% PYD + 40V. PYD + 10% PYD + 40% Preventive Services No Charge PYD + 40% No Charge PYD + 40% No Charge PYD + 40% Independent Clinical Lab PYD + 20% PYD + 40% PYD PYD + 40% PYD PYD + 40% Advanced Imaging PYD + 20% PYD +40% PYD + 201% PYD + 40% PYD + 30% PYD + 40% Urgent Care Center PYD + 20% PYD + 40% PYD + 20% PYD + 20% PYD + 10% PYD + 101Y. Hospital Inpatient PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 10% PYD + 40% Outpatient PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 109E PYD + 40% Emergency Roam Visit PYD +20% PYD+ 2091. PYD +20% PYD+ 20% PYD + 10% PYD + 10% Physician Services PYD + 20% PYD+ 40% PYD +20% INN PYD + 20% PYD + 10% INN PYD + 10% Mental Health Inpatient PYD + 20% PYD + 40% PYD + 20% INN PYD + 20% PYD+ 1(% PYD + 40% Outpatient PYD + 20% PYD+ 40% PYD +ZO% PYD + 40% PYD + 10% I PYD + 40% Prescription Drugs Tier 1 / Generic PYD + $10 PYD+ $10 PYD + $10 I PYD + $10 Tier 2 / Brand Name PYD + $30 PYD+ $30 PYD + $30 PYD + $30 Tier 3 / Non Preferred Brand PYD + $50 PYD + $50 PYD + $50 ; 50% PYD + $50 50% Tier 4 N/A N/A N/A i N/A Mail Order (90 day supply) 2.5x Retail Copay after PYD Not Covered 2.5x Retail Copay after PYD 1 2.5x Retail Copay after PYD Medical Rates: EE Only 69 $538.64 $546.03 $627.43 EE + Spouse 12 $1,211.95 $1,249.57 $1,386.21 EE + Child(ren) I9 $937.23 $966.05 $1,071.69 EE + Family 10 $1,588.98 $1,638.09 $1,817.21 Monthly Premium $85,407 $87,407 $98,461 Annual Premium $1,024,881 $1,048,881 $1,181,537 $Increase N/A $24,000 $156,656 % Increase N/A 2.3% 15.3% 4 City of Sebastian Medical Insurance Renewal Evaluation Effective Date: October 01, 2017 Lifetime Maximum Deductible Single Family Out of Pocket Maximum Single Family Coinsurance Office Visits Physician Office Visit Specialist Visit Preventive Services Independent Clinical Lab Advanced Imaging Urgent Care Center Hospital Inpatient Outpatient Emergency Room Visit Physician Services Mental Health Inpatient Outpatient Prescription Drugs Tier 1 / Generic Tier 2 / Brand Name Tier 3 / Non Preferred Brand Tier 4 Mail Order (90 day supply) Medical Rates: EE Only EE + Spouse EE + Child(ren) EE + Family Monthly Premium Annual Premium $Increase % Increase Current !n Network I Out of Network Unlimited $2,000 $3,000 $2,000 Ind / $4,000 Fam $3,000 Ind / $6,000 Fam $4,000 $6,000 54,000 Ind / $8,000 Fam $8,000 Ind / $12,000 Fam 20% 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% No Charge PYD +40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 401/. PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 20% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD + 20% PYD + 40% PYD+ $10 PYD + $10 PYD + $30 PYD + $30 PYD + $50 PYD + $50 N/A N/A 2.5x Retail Copay after PYD Not Covered 69 $538.64 PYD + 20% 12 $1,211.95 INN PYD + 20°% 19 $937.23 I0 $1,588.98 PYD + 201/. $85,407 PYD + 30% $1,024,881 N/A PYD +$10 N/A PYD +$10 Alternate #5 In Network I Out of Networb Unlimited $4,000 $2,500 $8,000 $4,000 $51000 $2,600 Ind / $5,000 Fam $16,000 $10,000 $5,000 PYD PYD + 20% $10,000 $10,000 No Charge PYD + 20% $ 20, 000 20% PYD PYD + 20% 30% PYD + 20% PYD PYD + 301Y. PYD + 20% PYD + 201/. PYD + 30% No Charge PYD Not Covered PYD + 20% PYD + 30% PYD + 20% PYD + 30% PYD + 20% PYD + $10 PYD + 30% PYD + 20% PYD + $50 PYD + 30% PYD + 201/. N/A PYD + 30% PYD + 20% $576.45 INN PYD + 20°% PYD+ 20% PYD + 30% PYD + 201/. $1,700.53 PYD + 30% PYD+ 20% PYD + 30% PYD +$10 $71,944 PYD +$10 PYD +$35 PYD +$35 PYD + $60 MLR below.85 increase not to exceed 7.9% PYD + $60 N/A MLR between .90 - .949 increase not to N/A 2.Sx Retail Copay after PYD I f Not Covered $608.40 $1,368.64 $1,058.72 $1,795.04 $96,469 $1,157,632 $132,752 13.0% GEI-IRING AGROUP I N 5 U R A N C F a H O x E H S J d CON S U L T A N T 5 Alternate 96 In Network I Out of Net wo, Unlimited $2,000 $4,000 $4,000 1 $8,000 $4,000 $8,000 $8,000 j $16,000 0% 213% PYD PYD + 20% PYD PYD + 20°% No Charge PYD + 20% PYD PYD + 20% PYD PYD + 20% PYD PYD + 20% PYD PYD + 20% PYD PYD + 201/. PYD PYD - 20% PYD PYD PYD PYD + 20% PYD PYD + 20% PYD+ $10 PYD + $10 PYD+ $30 PYD+ $30 PYD + $50 PYD + $50 N/A N/A 2.5x Retail Copay after PYD Not Covered $576.45 $1,297.03 $1,003.02 $1,700.53 $91,402 $1,096,825 $71,944 7.0% 'Pate Cap for 2018 Renewal MLR below.85 increase not to exceed 7.9% MLR between .85 -.899 increase not to exceed 10.9% MLR between .90 - .949 increase not to exceed 14.9% MLR at or above .95 rate cap does not apply MLR at or above .95 rate cap does not apply 5 City of Sebastian GEI IRING -AGROUP Medical Disruption Analysis I N S U R A N C E 6 R 0 KERS I & CONSULTANTS Top Facilities 6 Number of Number of Outpatient UHC & FMIT Florida Blue CIGNA - OAP CIGNA - Local Plus HFHP Participating Hospital Name City State Inpatlent Inpatient Number of Participating Participating Participating Participating Provider [Y/N) Admissions D. Provider Provider(Y/N) Provider(Y/N)' Provider(Y/N)' SEBASTIAN RIVER MEDICAL CTR LLC SEBASTIAN Florida 4 50 34 Yes Yes Yes Yes Yes INDIAN RIVER MEDICAL CENTER VERO BEACH Florida 3 a 19 Yes Yes Yes Yes Yes HOLMES REGIONAL MEDICAL CENTER INC MELBOURNE Florida 0 0 20 Yes Yes Yes Yes Yes PALM BAY HOSPITAL PALM BAY Florida 0 0 1 Yes Yes Yes Yes Yes LEE MEMORIAL IIOSPiTAL FORT MYERS Florida 0 0 6 Yes NO Yes Yes Yes FLORIDA HOSPITAL TAMPA TAMPA Florida O 0 1 Yes Yes Yes Yes Yes DECATUR MEMORIAL HOSPITAL DECATUR Illinois 0 0 3 Yes NO Pending Yes NO NEMOURS CHILDRENS HOSPITAL ORLANDO Florida 0 0 3 Yes NO Yes Yes NO WUESTHOFF MEDICAL CTR -MELBOURNE MELBOURNE Florida 0 0 1 Yes NO Yes Yes NO BAYFRONT HEALTH BROOKSVILLE BROOKSVILLE Florida 0 0 1 Yes NO Yes Yes Yes PRESENCE ST MARY'S HOSPITAL KANKAKEE Illinois 0 0 1 Yes NO Pending Yes Yes ALLEGAN GENERAL HOSPITAL ALLEGAN Michigan 0 0 1 Yes NO Pending Yes NO ILK MEDICAL CENTER WEST PALM BEACH Florida 0 0 1 Yes NO Yes Yes Yes Non-Partcipating Providers: 0 8 G 0 4 6 City of Sebastian Medical Disruption Analysis Top Physicians (SORTED BY) Emergency Medicine Obstetrics & Gynecology Dermatology IGastroenterology Internal Medicine Obstetrics & Gynecology Dermatology Otolaryngology Family Practice/General Practice Internal Medicine Pediatrics Cardiology Internal Medicine Family Practice/General Practice Family Practice/General Practice lurology (Pediatrics Family Practice/General Practice Orthopedics Cardiology Pediatrics Pulmonary Medicine Family Practice/General practice Internal Medicine Otolaryngology Dermatology Pediatrics Anesthesiology Otolaryngology Internal Medicine Illnternal Medicine Maternal Medicine k� Wdiatrics 0heumatology lGastroenteroiogy o[rinoingy matology & Oncology (Pediatrics lophthalmology llnternal Medicine ANESTHESIA OF INDIAN RIVER INC HFHP 16 1 16 MID -FLORIDA EMERGENCY PHYSICIANS LLC Flonda 12 10 11 TARYN N GALLO Florida 1U 17 19 PATRICK T OTTUSO Florida 9 20 38 ALEC YEN NIEN LUI Florida 8 10 12 INDIAN RIVER HEALTH SERVICES INC Florida 7 12 13 JAMES J PRESLEY Florida 7 9 10 LARRY LANDSMAN Florida 7 9 26 MARC E i IEBERMAN Florida 6 19 23 PRIMARY CARE/TREASURE COAST INC Florida 6 12 16 JAMES JMARINO Florida 6 8 9 MARC D MCCAIN Florida 5 34 76 HOWAROTTEE Florida 5 15 17 PEDRO A ESPAT Florida 5 14 14 GEI-I RING A GROUP INS URANC E BROKERSAA A CON SULTANTS UHC & FMIT HFHP FLORIDA BLUE CIGNA • OAP CIGNA - Local Plus Participating Participating Participating Participating Participating Provider Provider Provider Provider Provider YES NO YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES NO YES YES YES YES NO YES NO YES YES NO YES YES YES YES YES YES YES YES YES NO NANCY M BAKER Florida 5 9 10 YES YES YES YES NO SAMUEL D WATKINS Florida 5 9 13 YES YES YES YES NO HUGO H DAVILA GARCIA Florida 5 9 16 YES YES YES YES NO GENEVIEVE C MALLON Florida 5 7 14 YES YES YES YES YES MARIE R PRINSEN Florida 5 7 9 YES YES YES YES NO BARRY SCOTT GARCIA Florida 4 16 40 YES YES YES YES NO SHAHBAAZ SHAIKH Florida 4 14 32 YES YES YES YES YES PEDIATRICS IN BREVARD PA Florida 4 12 20 YES YES YES YES YES MICHAEL A LAYTON Florida 4 11 13 YES YES YES YES YES CHRISTINA F NAMVAR Florida 4 8 10 YES YES YES YES NO BRAD MATTHEW GRASMAN Florida 4 7 9 YES YES YES YES NO JEFFREY A LIVINGSTON Florida 4 6 B YES NO YES YES YES THEODORE A SCHIFF Florida 4 4 6 YES YES YES YES NO LAURA L JOHNSON Florida 4 4 8 YES YES YES YES YES VERO ANESTHESIA LLC Florida 4 0 4 YES NO YES YES YES KATHLEEN M BAGGETT Florida 3 11 22 YES NO YES YES YES STARLEEN C SCHAFFER Florida 3 10 10 YES YES YES YES NO CARLOS A VIZCARRA Florida 3 9 9 YES YES YES YES YES SEBASTIAN HMA PHYSICIAN MANAGEMENT LLC Florida 3 8 9 YES YES YES YES YES CONNIE L PROSKOVEC Florida 3 8 41 YES YES YES YES YES THOMAS 8 JOHN50N Florida 3 8 14 YES YES YES YES YES PETER A KORETSKY Florida 3 5 5 YES YES YES YES YES DAVID R BIEZUNSKI Florida 3 5 8 YES YES YES YES NO RAUL E STOREY-ROJAS Florida 3 5 16 YES YES YES YES NO MARZA S PENNY Florida 3 5 5 YES YES YES YES NO WILLIAM J MALLON Florida 3 4 10 YES YES YES YES YES DAVID DEPUTRON Florida 3 4 4 YES YES YES YES 7 YES City of Sebastian Medical Disruption Analysis Top Physicians Urology Pediatrics Dermatology Geriatric Medicine Obstetrics & Gynecology Urology Cardiology Dermatology Anesthesiology Family Practice/General Practice Other Physician Specialties Urology Pediatrics Infectious Diseases Internal Medicine Obstetrics & Gynecology Family Practice/General Practice Internal Medicine Anesthesiology Gastroenterology Gastroenterology Vascular Surgery Family Practice/General Practice Derrriat0b&y lnternaJ Medicine Family Practice/General Practice Emergency Medicine Ophthalmology Obstetrics & Gynecology Internal Medicine Family Practice/General Practice &c)laryngology 9rd iology Rththalmology Jwmily Practice/General Mictice emergency Medicine Pediatrics Family Practice/General Practice General Surgery I Physician Name State Number of Number of Numb Claimants Visits Servi JASVANT S SURANI Florida 3 4 15 NEIL S HESKEL Florida 3 4 6 EILEEN FERMIN Florida 3 3 3 DOROTHY JANE HENDERSON Florida 3 3 3 JOSEPH P CRAWFORD Florida 3 3 6 CHARLES H CROFT Florida 3 2 8 VERO BEACH DERMATOLOGY Florida 3 0 2 SEBASTIAN RIVER ANESTHESIOLOGY Florida 3 0 4 JEFFREY S GOTTFRIED Florida 2 7 10 COMPREHENSIVE HOSPITALISTS Of FLORIDA, L J ROBIN ATWELL KIMBERLY M GRAZIANO LAURIE A WELTON HEALTH FIRST MEDICAL GRP LLC C MARIO OLIVEIRA RAJIVE K OAS DAVID J WELDON HAROLD J CORONER BRUCE M GROSSMAN JOSEPH J ZEREGA WILLIAM C BECKETT 1R LEONARDO MANDINA JDHN W MCDONALD MD PA ENID LUIS PRIETO CHRISTOPHER D OLENEK BREVARD PHYSICIAN ASSC PLLC BRETT STEIN WAND ALLEN P FRIEDENSTAB RAQUEL YESSEDIA RODRIGUEZ MD ANDRE GA VENORYES ALEX H YCON ALDINO CELLINI ROBERT M REINAUER 1R JOHN M OBERT-HONG AARON ST CLAIR ASOKA WIJETILLEKE MURRAY A KIMMEL EDWARD MURPHY UHC & FMIT Participating Provider YES YES YES YES YES YES YES YES YES YES Florida 2 7 7 YES Fiorida 2 6 6 YES Florida 2 6 7 YES Florida 2 5 7 YES Florida 2 5 7 YES Florida 2 5 7 YES Florida 2 5 6 YES Florida 2 4 4 YES Florida 2 4 4 YES Colorado 2 4 5 YES Florida 2 4 4 YES Florida 2 4 4 YES Florida 2 3 4 YES Honda 2 4 B NO Florida 2 3 3 YES Florida 2 3 8 YES Florida 2 3 7 YES Florida 2 3 12 YES Florida 2 3 3 YES Florida 2 2 2 YES Florida 2 2 2 YES Florida 2 2 4 YES Florida 2 2 4 YES Florida 2 2 11 YES Illinois 2 2 2 YES Florida 2 2 2 YES Florida 2 2 16 YES Florida 2 2 2 YES Florida 2 2 3 YES GEHRING AGROUP I N 5 U R A N C E 6 R O K E R 5 I & C ON 5 U L T ANTS HFHP FLORIDA BLUE Participating Participating Provider Provider YES YES YES YES YES YES YES NO YES YES YES YES YES YES NO NO NO YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO I YES NO NO YES YES YES YES NO YES YES YES NO YES YES NO YES YES NO YES YES I YES YES YES NO I NO NO I YES YES YES YES YES YES YES CIGNA - OAP CIGNA - Local Pius Participating Participating Provider Provider YES NO YES YES YES NO YES YES YES YES YES NO YES YES YES NO YES YES YES YES YES YES YES NO YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES NO YES NO NO NO YES YES YES YES YES NO YES YES YES NO YES NO YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO 8 City of Sebastian Medical Disruption Analysis Top Physicians (SORTED BY) Internal Medione DEEPTI SADHWANI Florida 2 2 10 Obstetrics & Gynecology PARTNERS IN WOMENS HEALTH Florida 2 0 0 General Surgery THEODORE G PERRY Florida 2 0 2 Internal Medicine SEBASTIAN ID CARE LLC Florida 1 15 15 Internal Medicine MICHAEL VENAZIO Florida 1 11 12 Orthopedics JOHNNY C BENJAMIN JR Florida 1 11 40 Cardiology LEONARD GRECUL Florida 1 10 16 Internal Medicine 5ANGITA SAHAY Florida 1 5 10 General Surgery JASON RADECKE Florida 1 5 4 Obstetrics & Gynecology DANIELLE ANNE BOUCHER Florida 1 5 8 Obstetrics & Gynecology STATE OF NEW YORK SURCHARGE Florida 1 5 6 Neurology TAHER HUSAINY Florida 1 5 5 Ophthalmology KAREN D TODD Florida 1 5 14 Pediatrics MAH FSH M SON Florida 1 5 5 Physical Medicine & YES YES YES NO Rehabilitation WILLIAM V KANE Florida 1 S S Hematology & Oncology NOOR M MERCHANT Florida 1 5 9 Pulmonary Medicine ASHISH MAHINDRA Florida 1 4 6 Other Physician Specialties DOROTHY M IWANSKI Florida 1 4 4 Cardiology TUDOR M SCRIDON Florida 1 4 5 Emergency Medicine EMERGENCY MEDICINE A550C INC Pennsylvania 2 2 2 Hematology & Oncology WILLIAM T MCGARRY Florida 1 4 4 Obstetrics & Gynecology LINDSAY L GOODMAN Florida 1 3 3 Internal Medicine MARK S PSARAKIS Florida 1 3 3 Family Practice/General YES YES YES YES ALLEN R CONDO Florida 1 3 4 Practice YES YES YES YES Allergy & Immunology CHARLES M FISCHMAN Florida 1 3 5 Dermatology JAMES A SOLOMON Florida 1 3 4 Internal Medicine EDGAR R BLECKER Florida 1 3 3 Pediatrics SHARON A DILLON Florida 1 3 23 Internal Medicine QUALITY HEALTH CARE INC Florida 1 3 4 Orthopedics PETER G WERNICKI Florida 1 3 S Dermatology THEODOR M RUDOLPH Fiorida 1 3 3 Internal Medicine GEORGE E ROQUE Florida 1 2 3 Cardiology JOSE DAVID RIVERA Florida 1 2 3 Orthopedics ANTHONY WESTON WARE Florida 1 2 3 Vascular Surgery HADI A SHALHOUB Florida 1 2 3 9—Istetrlcs & Gynecology BRADFORD JOHN WOLK Florida 1 2 4 Zbstetrics & Gynecology FLORIDA WOMAN CARE LLC Florida 1 2 2 $hthalmology STEPHEN MERRITT TATE Florida 1 2 7 .laryngology STEVEN HO Florida 1 2 3 Vvphrology SAATIAH JAFFRY Florida 1 2 6 Ndiatrics SUSAN B OTOOLE-EVANS Florida 1 2 2 Cardiology MARK J MENDOLLA Florida 1 2 2 Family Practice/General JOSE L GARCIA Florida 1 2 2 Practice Rheumatology ELENA V BARNES Florida 1 2 2 GEARING AGROUP IN 5 VRANCE 6 R 0 KERSI 4 r N5 U L T A NTS UNC & FMIT HFHP FLORIDA BLUE CIGNA - OAP CIGNA - Local Pius Participating Participating Participating Participating Particlpatlni; Provider Provider Provider Provider Provider YES YES YES YES NO YES YES YES YES NO YES NO YES YES NO YES NO NO YES NO YES YES YES YES NO YES NO YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES NO NO NO I NO YES YES YES YES NO YES YES YES YES NO YES YES YES YES YES YES YES YES YES NO YES YES YES YES NO YES YES YES YES NO YES YES YES YES YES YES YES YES YES NO YES NO NO YES YES YES NO I YES NO I NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES NO YES YES YES YES NO YES YES YES YES NO YES YES YES YES NO YES NO YES NO NO YES NO YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES NO J YES YES YES YES NO I YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 9 City of Sebastian Medical Disruption Analysis Top Physicians (SORTED BYE ilnfectious Diseases Otolaryngology Dermatology internal Medicine General Surgery I Ophthalmology (Family Practice/General Practice Critical Care Medicine IGastroenterology Other Physician Specialties IUrotogy Internal Medicine Internal Medicine Family Practice/General Practice Orthopedics Orthopedics IInternal Medicine F (Sports. Medicine Pulmonary Medicine Fancily Practice/General Practice (Cardiology IGeriatric Medicine [Ophthalmology IPulmonary Medicine Emergency Medicine Family Practice/General Practice Family Practice/General Practice Cardiology Family Practice/General Practice IGeneral Surgery IEmergency Medicine Ihlternal Medicine kiinergency Medicine hthalmology Rphthalmology laostetrics & Gynecology 1�1.stetrics & Gynecology rrmergency Medicine Family Practice/General Practice ICardiology (Orthopedics AISHA [!THOMAS -ST CYR JULIE L WEI ROBERT A SARRO M UDANAISABAPATHY DEREK K PAUL THOMAS C TEATHER DAVID W BADOLATO GEORGE A MITCHELL CHARLES E EBERHART RAMY HUSAINY CHRISTOPHER P TARDIF ROBERT HENDLEY III RAMIAH KR{SHNAN HAL W BROWN JOHN GREGORY ATWATER VERO ORTHOPAEDICS II PA HARISH SADHWANI PETER G WERNICKI MICHELE MAHOLTZ GEORGE WILLIAM GRAY 1R ARLFY A PETER GUILLERMO F MOREL J MICHAEL SCHNELL ZAKI ELMAGHRABY PETER G TREMML BRAD IREEDY Florida Missouri Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Illinois Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Colorado 1 2 2 1 2 3 1 2 4 1 2 2 1 2 2 1 2 2 1 2 2 1 2 2 1 2 2 1 2 2 1 2 3 1 2 2 1 2 4 1 2 2 1 2 5 1 2 5 1 2 3 1 2 2 1 2 3 1 2 2 1 2 2 1 1 1 1 1 1 1 1 1 k 1 1 1 1 3 GEHRING AGROUP 1 N SU RA NCE BROKER S, & CON S Li LT A NT S UHC & EMIT HFHP FLORIDA BLUE CIGNA - OAP CIGNA - Local Plus Participating Participating Participating Participating Participating Provider Provider Provider Provider Provider YES YES NO YES NO YES NO YES YES YES YES NO YES YES NO YES NO YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES NO YES YES YES YES NO YES YES YES YES NO YES YES YES YES YES YES YES YES YES NO YES NO YES YES NO YES NO I YES YES YES YES YES YES YES NO YES YES YES YES NO YES YES YES YES NO YES YES YES YES NO YES NO YES NO NO YES YES YES NO NO YES NO NO YES YES YES YES YES YES NO YES YES NO YES YES YES YES YES YES NO YES YES YES YES NO NO NO YES YES YES YES NO I NO I YES NO TIMOTHY L COCKS Florida 1 1 1 YES YES YES YES NO FARHAT J KHAWAJA Florida 1 1 1 YES YES YES YES YES MtC€ARA HERNANDEZ PEREZ Maine 1 1 1 YES YES YES YES YES PATRICK W DOMKOWSKI Florida 1 1 4 YES YES NO YES NO EMERGENCY PHYS OF VERO BEACH Florida 1 1 1 YES NO YES YES YES EDGARD CHAVEZ Florida 1 1 1 YES YES YES YES YES EMP OF KANKAKEE COUNTY LLC Illinois 1 1 1 YES NO NO YES YES DAVID JOBRIEN Florida 1 1 2 YES YES YES NO NO NEW VISION EYE CENTER LLC Florida 1 1 2 YES YES YES YES NO ODETTE C DALEY Florida 1 1 1 YES YES YES YES NO RANDALL JAY GORDON Illinois 1 1 1 YES NO NO YES NO EPMG OF MICHIGAN PC Michigan 1 1 1 YES NO NO YES YES KEVIN M OLIVER Illinois 1 1 1 YES NO NO YES NO JAMES P ZAVITSANOS Florida 1 1 2 YES YES YES YES YES ANTHONY)LOMBARDO Florida 1 1 1 YES YES YES YES YES 10 City of Sebastian Medical Disruption Analysis Top Physicians )SUIiTEII BY) IEndocrinology IHematology & Oncoiogy lInternai Medicine Neurology Other Physician Specialties Emergency Medicine Emergency Medicine Emergency Medicine Emergency Medicine Emergency Medicine Emergency Medicine Emergency Medicine Emergency Medicine lephthalmology Ophthalmology Family Practice/General Practice Family Practice/General Practice Obstetrics & Gynecology Family Practice/General Practice Urology Dermatology Ophthalmology Ophthalmology Neurology Dermatology Family Practice/General Practice Obstetrics & Gynecology Otolaryngology Ophthalmology Physical Medicine & Rehabilitation 4&ptergency Medicine 4rdiology lardiology Oirdiology mily Practice/General ractice Gastroenterology Internal Medicine Gastroenterology Gastroenterology OMAR DEAN HUD50N Arizona 1 1 1 JOHN J BOMALASKI Florida 1 I 1 MARIO E RUBERTE Florida 1 1 1 TIMOTHY D CARTER Florida 1 1 1 PINKESH PRAJAPATI Florida 1 1 1 JOHN A DUNCAN Florida 1 1 1 BRIAN OLIVEIRA Florida I 1 1 CLARENCE J BRONSTEMA Florida 1 1 1 EDIL AGOSTO DIAZ Florida 1 I 1 JACQUELINE LLINAS Florida 1 1 I JAMES T MILES Florida 1 1 1 JOHN GRIFFIN New Jersey 1 1 2 INDIAN RIVER EMERGENCY GROUP LLC Florida 1 1 1 EMERGENCY PHYSICIAN SOLUTIONS/SOUTH Florida 1 1 1 FLOR NORMAN I MEYER Florida 1 1 1 STEPHEN J WINSLOW JR Florida 1 1 1 LEE MEMORIAL HEALTH SYSTEM INC Florida 1 1 1 OXANA V DOUGLAS Florida 1 1 1 KEVIN 5 CAMPBELL Florida 1 I 1 RONALD R SAMESS Florida 1 1 I MARC C ROSE Florida 1 1 2 ADAM H WIENER Florida 1 1 1 BRETTSTEINWAND Florida 1 1 1 J VALOIS ZUDANS Florida 1 1 5 GARY M WEISS MD PA Florida 1 1 1 RUBEN A MORENO Florida 1 1 2 OMNI HEALTHCARE PA Florida 1 1 1 MARK 5 MCTAMMANY Florida 1 1 1 JAMES T GO Florida 1 1 1 DAVID WEISER Florida 1 1 1 PRO SPINE Florida 1 1 2 TAMPA BAY EMERGENCY PHYSICIANS LLC Florida 1 1 1 CRISTIANA GABRIELA SCRI DON Florida 1 1 2 M0HAMMAD N RIZWI Florida 1 1 1 RICHARD B MOORE Florida 1 I 1 MORGAN P COURTY Florida 1 1 1 GREGORY D MACKAY Florida 1 1 1 MARY E QUILLINAN Florida 1 1 1 BRIAN D FEIOCK Florida 1 1 1 TAL B HAZAN Florida 1 1 1 UHC & EMIT Participating Provider YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES GE1 IRING -AGROUP I N S U R A N C E a R 0 K E R S I & C O N S U L T A N T S HFHP Participating Provider YES YES YES YES YES YES NO NO NO NO NO NO No NO YES YES NO NO NO NO YES YES YES YES NO YES NO YES YES YES NO YES YES YES YES YES YES YES NO NO FLORIDA BLUE Participating Provider YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES CIGNA - OAP Participating Provider YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES CIGNA - Local Plus Participating Provider YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO I YES YES YES YES YES YES NO NO NO YES YES YES YES YES YES No YES NO NU YES N(> YES NO YES II YES City of Sebastian Medical Disruption Analysis Tap Physicians (SORTED BY Family Practice/General Practice (Family Practice/General Practice Family Practice/General Practice Neurology Orthopedics Dermatology Obstetrics & Gynecology IEmergenq Medians Family Practice/General Practice Dermatology Endocrinology (Family Practice/General Practice Emergency Medicine Obstetrics & Gynecology Family Practice/Generai Practice Anesthesiology ICardfology Family Practice/General Practice Anesthesiology Pediatrics IODhthalmolORy Anesthesiology Family Practice/General Practice Dermatology n r ANDRE GA VENDRYE5 Florida 1 1 1 GARY R SILVERMAN Florida 1 1 1 RICHARD T PENLY Florida 1 1 1 MICHELE OFNER Florida 1 1 1 JOHN P PEDEN JR Florida 1 1 3 DANICA L ALEXANDER Florida 1 1 2 KATHARINE S LUM Florida 1 1 2 HERNANDO COUNTY EMERGENCY PHYSICIANS Florida 1 1 1 JOHN OCONNOR Florida 1 1 1 SUNNYCOAST DERMATOLOGY INC Florida 1 1 1 DENISE R TONNER Florida 1 1 1 CHERYL T WINCHELL Florida 1 1 2 MELBOURNE EMERGENCY GROUP LLC Florida 1 1 1 EDWIN B HAYES Florida 1 1 1 LISA REGAL ROSE Florida 1 1 1 AMSURG MELBOURNE ANESTHESIA LLC Florida 1 0 1 RICHARD A PECHTER Flunda 2 0 2 ROBERT PVOGT Colorado 1 0 4 GEORGE B BISHAI Florida 1 0 2 NEMOUR5 CHILDRENS SPECIALTY CARE PENSACO Florida 1 0 2 THOMAS A BAUDO Florida 1 0 0 NORTH TAMPA ANESTH CONSULTANTS PA Florida 1 0 2 SUNG IL TAYLOR Alabama 1 0 0 PATRICK T OTTOSO Florida 1 0 0 Yon-Partcipating Providers: GEHRING A GROUP I N 5 U R A N C r a R O K E R s I & C O N 5 U I. T A N T 5 UHC & FMJT HFHP FLORIDA BLUE CIGNA - OAP CIGNA - Local Plus Participating Participating Participating Participating Participating Provider Provider Provider Provider Provider YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES NO NO 1w✓ YES YES NO YES YES YES NO YES YES YES NO YES YES YES NO YES YES YES NO w- YES YES YES YES YES YES YES YES YES YES NO YES YES NO NO YES NO YES NO NO I YES YES NO YES YES YES NO YES YES YES YES YES YES YES NO YES YES YES YES YES YES YES YES YES YES 5 68 19 S IF NO NO NO YES YES YES YES NO NO NO YES YES YES NO YES YES YES NO YES NO NO 103 GEARING AgGROUP I N 5U HANCE BROK E R 5 / b CONS ULTANTS Health Reimbursement Account (HRA) Utilization — EE ONLY 2015-2016 Plan Year $0-$100 21 $101-$750 10 $751-$1000 3 $1001-$1500 8 $1501-$1750 6 $1751-$2000 9 $2,000 10 Total 67 2016-2017 (YTD) EE ONLY - 00 Funded $0-$100 4 $101-$750 10 $751-$1000 4 $1001-$1500 6 $1501-$1999 12 $2000-$2499 20 CA $2,500 20 o TOTAL 76 ?5 20 15 10 5 October 2015 - September 2016 6 0 M M M M M M ■ $0-$100 ■ $101-$750 0 $751-$1000 0 $1001-$1500 $1501-$1750 0 $1751-$2000 0 $2,000 October 2016 - July 2017 25 20 15 10 12 5 0 ® ■ 0 $0-$100 0 $101-$750 0 $751-$1000 0 $1001-$1500 $1501-$1750 0 $1751-$2000 ■ $2,000 13 GEHIUNG -AGROUP I N 5 U R A N C E B R O KERS / 6 CONS U LTA NT S Health Reimbursement Account (HRA) Utilization - FAMILY October 2015 - September 2016 2015-2016 Plan Year 1 f. Family - iii Funded $0-$500 15 14 15 $501-$1000 3 12 $1001-$1750 11 10 $1751-$2500 2 8 $2501-$3250 4 6 $3251-$4000 5 4 $4,000 2 z 4 TOTAL: 42 - 0 0 $0-$500 ■ $501-$1000 A $1001-$1750 A $1751-$2500 $2501-$3250 0 $3251-$4000 ■ $4,000 2016-2017 (YTD) October 2016 - July 2017 Family - 000 Funded16 $0-$540 8 14 $501-$1000 4 12 $1001-$1750 5 10 11 $1751-$2500 2 8 $2501-$3999 11 6 $4000-$4999 14 4 o $5,000 1 0 � TOTAL 45 4�1 0 0 $0-$500 ■ $501-$1000 0 $1001-$1750 0 $1751-$2500 $2501-$3999 0 $4000-$4999 r $5,000 14 0110111: GE1-IRING ,AGR0UP I N 5 U H A N C E 6 R O K E R 5 , 6 C O N S U E T A N T 5 In Network Out of Pocket Maximum Utilization 80 80 70 60 50 2016 Calendar Year 40 30 20 10 0 9 2 ■ $0-$100 ■ $101-$750 ■ $751-$1000 ■ $1001-$2000 $2001-$2750 ■ $2751-$3999 W$4,000 October 2016 - July 2017 80 70 60 50 40 30 20 10 ■ ■ ■ 12 ® 0 ■ $0-$100 ■ $101-$750 ■ $751-$1000 ■ $1001-$2000 $2001-$2750 ■ $2751-$3999 N$4,000 2016-2017 (YTD) $0-$100 34 $101.-$750 80 $ 751-$1000 6 $1001-$2000 32 $2001-$2750 9 $2751-$3999 6 $4,000 2 TOTAL 169 GE1-IRING ,AGR0UP I N 5 U H A N C E 6 R O K E R 5 , 6 C O N S U E T A N T 5 In Network Out of Pocket Maximum Utilization 80 80 70 60 50 2016 Calendar Year 40 30 20 10 0 9 2 ■ $0-$100 ■ $101-$750 ■ $751-$1000 ■ $1001-$2000 $2001-$2750 ■ $2751-$3999 W$4,000 October 2016 - July 2017 80 70 60 50 40 30 20 10 ■ ■ ■ 12 ® 0 ■ $0-$100 ■ $101-$750 ■ $751-$1000 ■ $1001-$2000 $2001-$2750 ■ $2751-$3999 N$4,000 2016-2017 (YTD) In Network OOPM $0-$1.00 35 $101-$750 77 $751-$1000 9 $1001-$2000 23 $2001-$2750 12 $2751-$3999 10 4 $4,000 0 0 TOTAL 166 cn GE1-IRING ,AGR0UP I N 5 U H A N C E 6 R O K E R 5 , 6 C O N S U E T A N T 5 In Network Out of Pocket Maximum Utilization 80 80 70 60 50 2016 Calendar Year 40 30 20 10 0 9 2 ■ $0-$100 ■ $101-$750 ■ $751-$1000 ■ $1001-$2000 $2001-$2750 ■ $2751-$3999 W$4,000 October 2016 - July 2017 80 70 60 50 40 30 20 10 ■ ■ ■ 12 ® 0 ■ $0-$100 ■ $101-$750 ■ $751-$1000 ■ $1001-$2000 $2001-$2750 ■ $2751-$3999 N$4,000 City of Sebastian GEI IRING A GROUP Life/AD&D and Long Term Disability RFP Evaluation I N S U R A N C E B ft O x E R 5.A & C U N S U L 7 A N S Effective Date: October 01, 2017 CUHRL N I RL N E W AL Alternative #1 Alternative #2 D: r The Hartford The Hartford Lincoln Renaissance Full time employees working at least 40 hours Full time employees working at least 40 hours Full time employees working at least 40 hours Full time employees working at least 40 hours Eligibility per week / Retired after 10/1/12 per week / Retired after 10/1/12 per week / Retired after 10/1/12 per week / Retired after 10/1/12 Benefit 510,000 $10,000 $10,000 $10,000 Eligibility 65% at age 65 65% at age 65 65% at age 65 65% at age 65 Age Reduction 50% at age 80 50% at age 80 50% at age 80 40% at age 80 Max. Monthly Benefit Terminated at retirement Terminated at retirement Terminated at retirement Terminated at retirement Accelerated Death Benefit 80% to Plan Maximum 8(3% to Plan Maximum 75% to Plan Maximum 80% to Plan Maximum Conversion Included Included Included Included Benefits Volume $1,300,500 $1,300,500 $1,300,500 $1,300,500 Life per $1,000 $0.260 $0.260 $0.150 $0.295 AD&D per $1000 $0.030 $0.030 $0.030 $0.042 MONTHLY PREMIUM $377.15 $377.15 $234.09 $438.27 ANNUAL PREMIUM $4,525.74 $4,525.74 $2,809.08 $5,259.22 $ INCREASE $0.00 $0.00 -$1,716.66 $733.48 % I N CREASE 0.0% 0.0% -37.9% 16.2% is Full time employees working at least 40 hours Full time employees working at least 40 hours Full time employees working at least 40 hours Full time employees working at least 40 hours Eligibility per week per week per week per week Benefit 60% 60% 60% 60% Max. Monthly Benefit $5,000 $5,000 55,000 $5,000 Elimination Period 90 days 90 days 90 days 90 days Own Occupation Period 24 Months 24 Months 24 Months 24 Months Benefit Duration S5NRA SSNRA 55NRA 55NRA Waiver of Premium Included Included Included Included Benefits Volume $508,049 $508,049 $508,049 $508,049 Rate per $100 $0.370 $0.370 $0.300 $0.576 MONTHLY PREMIUM $1,879.78 $1,879.78 $1,524.15 $2,926.36 TNUAL PREMIUM $22,557.38 $22,557.38 $18,289.76 $35,116.35 4INCREASE N/A $0.00 -$4,267.61 $12,558.97 WINCREASE N/A 0.0% -18.9% 55.7% bate Guarantee Expires 9/30/2017 24 Months 36 Months 24 Months I�TAL PREMIUM tDWNTHLY PREMIUM $2,256.93 $2,256.93 $1,758.24 $3,364.63 4NNUAL PREMIUM $27,083.12 $27,083.12 $21,098.84 $40,375.57 $ INCREASE N/A $0.00 -$5,984.27 $13,292.45 %INCREASE N/A 0.01A -22-1% 49.1% is City of Sebastian GEI IRING A GROUP Life/AD&D and Long Term Disability RFP Evaluation I it 5 U R A N C E 8 R O K E R 5/ & C ON 5 U LT ANTS Effective Date. October 01, 2017 CURRENT Alternative 43 Alternative 041 LIFE / AD&D The Hartford Symetra The Standard Full time employees working at least 40 hours Full time employees working at least 40 hours Full time employees working at least 40 hours Eligibility per week Retired after 10/1/12 er week Retired after 10/1/12 P IR I per week /Retired after 10/1/12 Benefit Age Reduction Accelerated Death Benefit Conversion Benefits volume Life per $1,000 AD&D per $1000 MONTHLY PREMIUM ANNUAL PREMIUM $INCREASE %INCREASE Eligibility Benefit Max. Monthly Benefit Elimination Period Own Occupation Period Benefit Duration Waiver of Premium Benefits Volume Rate per $100 MONTHLY PREMIUM ANNUAL PREMIUM 16INCREASE =INCREASE ate Guarantee T5TAL PREMIUM Wp��NTHLY PREMIUM ANNUAL PREMIUM $INCREASE % INCREASE $10,000 65% at age 65 50% at age 80 Terminated at retirement 90% to Plan Maximum Included $1,300,500 $0.260 $0.030 $377.15 $4,525.74 $0.00 0.0% $10,000 65% at age 65 50% at age 80 Terminated at retirement 80% to Plan Maximum Included $1,300,500 $0.135 $0.030 $214.58 $ 2,574.99 -$1,950.75 •43.1% $10,000 6554- at age 65 40% at age 80 Terminated at retirement 75% to Plan Maximum Included $1,300,500 $0.090 $0.020 $143.06 $1,716.66 -$2,809.08 -62.1% Full time employees working at least 40 hours Full time employees working at least 40 hours Full time employees working at least 40 hours per week per week per week 60% 60% 60% $5,000 $5,000 $5,000 90 days 90 days 90 days 24 Months 24 Months 24 Months SSNRA SSNRA SSNRA Included Included Included $508,049 $508,049 $508,049 $0.370 $0.418 $0.520 $1,879.78 $2,123.64 $2,641.85 $22,557.38 $25,483.74 $31,702.26 N/A $2,926.36 $9,144.88 N/A 13.0% 40.5% Expires9/30/2017 36 Months 24 Months $2,256.93 $2,338.23 $2,784.91 $ 27,083.12 $28,058.73 $ 33,416.92 N/A $975.61 $6,335.80 N/A 3.6% 23.4% 17 City of Sebastian GEI I RING A GROUP Supplemental Life RFP Evaluation INS UP AMC E BROKERSAAR CONSULTANT $ Effective Date: October 01, 2017 CURRENT RENEWAL Alternative Ni Alternative N2 Mutual Life) Supplemental Life Core Benefit The Hartford The Hartford Lincoln Renaissance (Security In increments of $10,000, up to 5x EE Salary, Not In increments of $10,000, up to $x EE Salary. Not In increments of $10,000, up to Sx EE Salary. Not In increments of $10,000, up to Sx EE Salary. Not Employees to exceed $500,000. to exceed $500,000. to exceed $500,000. to exceed $500,000. Guarantee Issue $1001000 $100,000 $100,000 $100,000 in increments of $5,000, up to 50% of EE Amount. In increments of $5,000, up to SO% of EE Amount. In increments of $5,000, up to 50% of EE Amount. In increments of $5,000, up to 50% of EE Amount. Spouses Not to exceed $250,000. Not to exceed $250,000. Not to exceed $250,000. Not to exceed $150,000. Guarantee Issue $30,000 $30,000 $30,000 520,000 14 days - 6 months: $500 14 days - 6 months: $500 14 days - 6 months: $250 15 days - 6 months: $2000 Child(ren) 6 months - 26 years: $10,000 6 months - 26 years: $10,000 6 months - 25 years: $10,000 6 months - 26 years: $10,000 Guarantee Issue $10,000 $10,000 $10,000 $10,000 Rate Guarantee Period Expires 9/30/2017 24 Months 36 Months 24 Months EE Life Rates Age Bracket Rate/$1,000• Age Bracket Rate/$1,000' Age Bracket Rate/$1,000" Age Bracket Rate/$1,000" Under Age 30 $0.080 Under Age 30 $0.080 Under Age 30 $0.080 Under Age 30 $0,090 Age 30 - 34 $0.120 Age 30 - 34 $0.120 Age 30 - 34 $0.120 Age 30 - 34 $0.090 Age 35 - 39 $0.150 Age 35 - 39 $0.150 Age 35 - 39 $0.150 Age 35 - 39 $0.120 Age 40 - 44 $0.250 Age 40 - 44 $0.250 Age 40 - 44 $0.250 Age 40 - 44 $0.180 Age 45 - 49 $0.410 Age 45 - 49 $0.410 Age 45 - 49 $0.410 Age 45 - 49 $0.290 Age 50 - 54 $0.660 Age 50 - 54 $0.660 Age 50 - 54 $0.660 Age 50 - 54 $0.450 Age 55 - 59 $1.120 Age 5S - 59 $1.120 Age 55 - 59 $1.120 Age 55 - 59 $0.720 Age 60 - 64 $1.160 Age 60 - 64 $1.160 Age 60 - 64 $1.160 Age 60 - 64 $1.110 Age 65 - 69 $2.590 Age 65 - 69 $2.590 Age 65 - 69 $2.590 Age 65 - 69 S1.750 Age 70 - 74 $4.260 Age 70 - 74 $4.260 Age 70 - 74 $4.260 Age 70 - 74 $3.330 Age 75 and Above $7.080 Age 75 and Above $7.080 Age 75 and Above $7.080 Age 75 and Above $8.330 Child(ren) $0.300 Child(ren) $0.300 Child(ren) $0.200 Child(ren) $0.120 AD&D $0.050 AD&D $0.050 AD&D $0.050 AD&D 0.047/.070 SP/.065 CH JI C] () In C)l is City of Sebastian Employee Assistance Program Renewal Evaluation Effective Date: October 01, 2017 Number of Sessions per EE/Dependent Locations - List All Manager & Supervisor Training Brochures & Workplace Posters Frequency of Comprehensive Reporting Onsite Hours Critical Incident Debriefing Newsletters Legal/Financial Services Rate Guarantee Per Employee Rate Monthly Premium ;r -Annual Premium D h Increase :31 A % Increase GE1 I RING ,AGPx0UP I N S U R A N C E B R O KERS / R C ON 5 U L T ANTS CURRENT RENEWAL Up to 6 per year Up to 6 per year Nationwide Network Nationwide Network Included lnduded Included Included Quarterly & Annual Quarterly & Annual 2 hours included; 2 hours included; Pass through charge of $250/hr + travel Pass through charge of $250/hr + travel 1 staff hour on site per incident; Additional time $250/hr 1 staff hour on site per incident; Additional time $375/hr $250/hr-$375/hr Quarterly Unlimited telephonic consultation on separate issues 36 Months 100 $2.00 $200.00 $2,400.00 N/A N/A Up to 6 per year Nationwide Network Included Included Quarterly 2 staff hours on site included 2 staff hours on site included Quarterly Unlimited telephonic consultation on separate issues 36 Months $1.32 $132.00 $1,584.00 N/A N/A 19 Quarterly Unlimited telephonic consultation on separate issues Year 1 Year 2 Year 3 $2.09 $2.18 $2.27 $209.00 $218.00 $227.00 52,508.00 $2,616.00 $2,724.00 $108.00 $108.00 $108.00 4.50% 4.50% 4.50`Ya Up to 6 per year Nationwide Network Included Included Quarterly 2 staff hours on site included 2 staff hours on site included Quarterly Unlimited telephonic consultation on separate issues 36 Months $1.32 $132.00 $1,584.00 N/A N/A 19 City of Sebastian Employee Assistance Program Renewal Evaluation Effective Date: October 01, 2017 CURRENT Number of Sessions per EE/Dependent Up to 6 per year Locations - List All Nationwide Network Manager & Supervisor Training Included Brochures & Workplace Posters Included Frequency of Comprehensive Reporting Quarterly & Annual Onsite Hours 2 hours included; Pass through charge of $250/hr + travel 1 staff hour on site per incident; Additional time $250/hr Critical Incident Debriefing $375/hr Newsletters Quarterly Legal/Financial Services Unlimited telephonic consultation on separate issues Rate Guarantee 36 Months Per Employee Rate 100 $2.00 Monthly Premium $200.00 Annual Premium $2,400.00 $Increase N/A :r P % Increase N/A GEHRING .AGRaUP t N 5 U A A N C E B R O K E R S� & c a N s U L T A N T s Up to 6 per year Nationwide Network Included Included Quarterly & Annual 2 hours of orientation, 1 hour of supervisory training, 2 additional hours of training 2 staff hours on site included Monthly Unlimited telephonic consultation on separate issues 36 Months $2.38 $238.00 $2,856.00 N/A N/A Up to 8 per year Nationwide Network Included Included Quarterly & Annual 4 hours included; Pass through charge of $2S0/hr+travel 2 staff hours on site per incident; Additional time $350/hr Monthly Unlimited telephonic consultation on separate issues 36 Months $1.75 $175.00 $2,100.00 N/A N/A 20 City of Sebastian Employee Assistance Program Renewal Evaluation Effective Date: October 01, 2017 Number of Sessions per EE/Dependent Locations - List All Manager & Supervisor Training Brochures & Workplace Posters Frequency of Comprehensive Reporting Onsite Hours Critical Incident Debriefing Newsletters Legal/Financial Services Rate Guarantee Per Employee Rate Monthly Premium ;Annual Premium '.Increase :31 A % Increase CURRENT Up to 6 per year Up to 5 per year Nationwide Network Nationwide Network Included Buy -Up Option Included Included Quarterly & Annual Quarterly 2 hours included; Pass through charge of $250/hr + travel Buy -Up Option Buy -up Option: 1 staff hour on site per incident; Additional time $250/hr In-person response; 1 hour per 250 $375/hr covered employees included at no charge; additional hours at $225/hour Quarterly Not included Unlimited telephonic consultation on Unlimited telephonic consultation on separate issues separate issues 36 Months 36 Months 100 $2.00 Included with LTD $200.00 N/A $ 2,400.00 N/A N/A N/A N/A N/A GLARING ,AGROUP I N 5 U R A N C E B H O KERS x. CON 5 ULTANTS 21 GEHRING -AGROUP 154 of 154