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HomeMy WebLinkAbout11-22-2017 CC Agenda Packet w CRAGTIV L --F SIERASTL-" NOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) AGENDA WEDNESDAY, NOVEMBER 22, 2017 - 8:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY !WEBSITE Procedures for Public Input are on Back of Agenda Administration of Oath of Office to Newly Elected City Council Members Albert lovino, Linda Kinchen, Bob McPartlan 1. CALL TO ORDER 2. INVOCATION - Father Dave Newhart, St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. ELECTION MATTERS (Transmittal, Certificate) Pgs 5-6 A. Reading of Certificate of Canvassing Board Returns by City Clerk B. Call for Nominations for Mayor by Incumbent Mayor — Clerk calls roll if more than one nomination C. Call for Nominations for Vice Mayor by Newly Appointed Mayor — Clerk calls roll if more than one nomination 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. 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. 17.004 A. Presentation to MayorNice Mayor/Council Member Andrea Coy — 2005 - 2017 17.114 B. Presentation by Andrea B. Coy, President, Senior Activity Center of Sebastian to Chief Morris — Shop with a Cop Donation 17.087 C. Proclamation - Recognizing the Sebastian Police Department's Receipt of the pg 7 Prestigious Excelsior Recognition Award Brief Announcements - 12/1/17 - Chamber's Light Up Night — 5:30 to 8:00 pm — various storefronts - 12/2/17 - Holiday Parade — 6:00 pm — along Indian River Drive to Riverview Park 12/7/17 — Pearl Harbor Day Memorial Event— 12:30 pm — Veterans Memorial 12/9/17 — Craft Club Show — 10 am to 3 pm — Riverview Park 1 of 133 8. 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 s-15 A. Approval of Minutes — October 25, 2017 Regular Meeting 17.047 B. Prior Approval for Council Travel - Institute for Elected Municipal Officials - January pgs 16-17 19-21, 2018 - Altamonte Springs (Transmittal, Agenda, Form) 17.169 C. Approve Forfeiture Fund Distribution to the Executive Roundtable of Indian River pgs 18-23 County on Behalf of the Sebastian Police Department (Transmittal, F.S.932.7055, Letter) 17.170 D. Approve Forfeiture Fund Distribution to Drug Abuse Resistance Education Program pgs 24-30 on Behalf of the Sebastian Police Department (Transmittal, Order, F.S.932.7055, Letter) 17.171 E. Approve Alcoholic Beverages for Smith Event at Community Center on January 12, pgs 31-33 2018 from 3:30 p.m. to 8:30 p.m. — DOB Verified (Transmittal, Application, Receipt) 17.172 F. Approve Alcoholic Beverages for Discepolo Event at Community Center on January pgs 34-36 13, 2018 from 3:00 p.m. to 7:00 p.m. — DOB Verified (Transmittal, Application, Receipt) 9. RECESS CITY COUNCIL MEETING AND CONVENE AS COMMUNITY REDEVELOPMENT AGENCY A. Call to Order pgs 37-38 B. Approve Minutes — September 27, 2017 CRA Meeting pgs 39-48 C. Approve Septic -to -Sewer Program Grant — 1016 Indian River Drive (Transmittal, Application, Quote, Receipts, Deed) D. Adjourn 10. ADJOURN COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE AS CITY COUNCIL 11. 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. 17.046 A. Planninq & Zonina Commission pgs 49-58 (Transmittal, Applications, Ad, List) i. Interview, Unless, Waived, Submit Nominations for One Expired, Regular Member Position 17.014 B. Citizens Budget Review Advisory Board (Transmittal, Applications, List) pgs 59-61 17.173 C. Indian River County and Regional Boards/Committee Assignments (Transmittal, pgs 62-65 Liaison List) 17.174 D. Indian River County Commission Monthly Meeting Monitoring (Transmittal, pgs 66-67 2017/2018 Schedule) 2of133 12. PUBLIC HEARINGS 13. UNFINISHED BUSINESS 17.136 A. Discuss City Attorney Search (Transmittal, Minutes Excerpt, List) pgs 68-70 17.175 B. Discuss Residential Short -Term Rentals (Transmittal, Brief) pgs 71-73 14. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda 15. NEW BUSINESS 17.166 A. Driveway Pipe and Swale Repair Policy (Transmittal, Policy, LDC 54-3-10.5) pgs 74-79 17.166 B. Award Florida Site Contracting the Construction Services Agreement for Driveway pgs 80-124 Pipe Replacement and Authorize the City Manager to Execute Appropriate Documents (Transmittal, Bid 17-20, Agreement) 17.176 C. Review and Consider 2018 Council Meeting Dates (Transmittal, Dates) pgs 125-127 17.177 D. Review City Council Procedures Resolution No. R-15-10 (Transmittal, R-15-10) pgs 128-133 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS 20. ADJOURN (Alt meetings shall adjourn at 9:30p.m. unless extended farup to one half hourby 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: December 13, 2017 Regular City Council January 10, 2018 Regular City Council January 24, 2018 Regular City Council 3 of 133 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular Citv Council Meetinqs 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. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headinq on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4of133 on CF SEBASTIA1N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 22, 2017 Aqenda Item Title: 1 } Administer Oath of Office — New City Council Members 2} Reading of Results of Indian River County Canvassing Board Certification 3) Elect Mayor 4} Elect Vice Mayor Recommendation: The City Clerk will swear in newly elected City Council Members just prior to the meeting opening and new members will take their places at the dais. Incumbent Mayor McPartlan will call meeting to order followed by the Invocation and Pledge of Allegiance. The first order of business will be the reading of Sebastian's election results from the City of Sebastian Canvassing Board final certification by the City Clerk. The next order of business will be the election of Mayor and Vice Mayor. Mayor McPartlan will call for nominations for Mayor. If there is only one nomination, that person is appointed Mayor. If there is more than one nomination, the City Clerk will call the name of each member of Council and each will name their choice. The first nominee receiving a majority vote of Council will be appointed Mayor for one year until the next annual election. The newly appointed Mayor will call for nominations for Vice Mayor. If there is only one nomination, that person is appointed Vice Mayor. If there is more than one nomination, the City Clerk will call the name of each member of Council and each will name their choice. The first nominee receiving a majority vote of Council will be appointed Mayor for one year until the next annual election. Members may move seats at this time to accommodate new officers. Attachments: Official Results Certificate City Clerk Authorization: wcu—Loxyo Date: //-17-/-7 5 of 133 **Official** CERTIFICATE OF CANVASSING BOARD OFFICIAL RETURNS CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA We, the undersigned, Jeanette Williams, City Clerk, fynlhia V. Hall. Interim City Attorney and Cathv Testa, Records Clerk, constituting the Board of City Canvassers in and for said City of Sebastian, do hereby certify that we met on the 7`h day of November, 2017 A.D., and proceeded publicly to canvass the votes given for the offices and persons herein specified at the Municipal Election held on the 7`h day of November, 2017 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For (Two Year Term) City Council Member Term, the whole number of votes cast was 2, /53 , of which number (VOTE FOR UP TO THREE) Damien Gilliams RECEIVED VOTES VOTES Albert Iovino RECEIVED �, 1 U VOTES Linda Kinchen RECEIVED 1, S r VOTES Bob McPartlan RECEIVED / t 7 VOTES We certify that pursuant to Section 102.112, Florida Statues, the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. )t'11 11" A. J nette Williams, City Clerk Canvassing Board Chairman (1 QA/ Cynthia V. Hall, Interim City Attorney Canvassing Board ember Cathy Test , ecords Clerk Canvassing Board Member November 7, 2017 6 of 133 Cr1Y <A' ;EBASTI�A + HOME OF PELICAN ISLAND PROCLAMATION Recognizing the Sebastian Police Department's Receipt of the Prestigious Excelsior Recognition Award WHEREAS, the Sebastian Police Department was re -accredited November 1, 2017 by the Commission for Florida Law Enforcement Accreditation; in August a three person team consisting of professionals from outside agencies conducted a three day audit and inspection; forwarding a formal report to a Panel of professionals; and WHEREAS, this Panel comprised of five Police Chiefs, five Sheriffs, a Judge, County Commissioner, Florida League of Cities Representative, State Agency Inspector General and State Agency Law Enforcement Chief found the Sebastian Police Department to have met 263 standards required to be accredited; and WHEREAS, the City of Sebastian Police Department has repeatedly met those requirements with an initial and five re-accreditations in a row without any corrections or conditions; providing for a perfect score over the course of 15 years qualifying them for the Excelsior status which is the highest level of achievement a criminal justice agency can receive; and WHEREAS, Excelsior is a Latin adjective meaning "higher' or "loftier" and used in English as an interjection with a poetic meaning of "ever upward;" as of November 1st the Sebastian Police Department joins the less than 50 out of more than 350 law enforcement agencies in the state of Florida that have achieved this recognition; and WHEREAS, Chief Michelle Morris was the Department's accreditation manager at inception, she became one of the assessors and now serves on the Panel, leading the Department's effort to achieve excellence. NOW, THEREFORE, I, , by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City Council, do hereby congratulate and commend Chief Michelle Morris and the civilian and sworn men and women of the Sebastian Police Department for their demonstrated level of commitment to the criminal justice profession. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 22"d day of November, 2017. City of Sebastian, Florida Mayor 7of133 cfTYQF SEENSE-n-M woo HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, OCTOBER 25, 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. Reverend Wayne Rogers 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 Interim City Attorney Cynthia Hall City Clerk Jeanette Williams Community Development Director Lisa Frazier Procurement Manager Randy Moyer Deputy Police Chief Greg Witt Network Manager Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no objection to Mayor McPartlan adding a Veterans' Day Proclamation and pulling consent agenda item 7B. 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. A. Veterans' Dav Proclamation Mayor McPartlan described a new VNA Hospice program that honors veterans noting that recognition is respect made visible. He asked everyone to recognize veterans in the community and read the proclamation. Brief Announcements • 10/26/17 -Sebastian Police Department's Community Night Out— 5:00-7:00 pm —Riverview Park • 10/26/17 —Sebastian River Area Chamber of Commerce Candidates Forum — 7:00 -9:00 pm— Council Chambers • 10/28/17 - Halloween Costume Contest — 10 am — Riverview Parr • 11/3/17 to 11/5/17 — Clambake Festival- Riverview Park 8 of 133 Regular City Council Meeting October 25, 2017 Page Two Mayor McPartlan announced the upcoming events. Vice Mayor Coy invited the public to the Veterans' Day Celebration to be held November 11, 2017 at 11 am in Riverview which has been prepared by the Sebastian Charter Junior High School. 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. A. Approval of Minutes —October 11, 2017 Regular Meeting 17.159 B 17.160 C. 17.161 D. 17.162 17.163 17.164 E Resolution No. R-17-38 — Final Plat for Sandcrest PUD Phase 2 Subdivision (Transmittal, R-17-38, Final Plat, Map, Covenants, Application, Deed) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SANDCREST PUD, PHASE 2; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Road Closures for Annual Holiday Parade on December 2, 2017 from 4:30 p.m. Until the End of the Event (Transmittal) Approve Capt. Hiram's River Challenge Triathlon on November 19, 2017 Transmittal, Letter, Routes, Map, Application) Approve Alcoholic December 1, 2017 Application, Receipt) F. Approve Alcoholic December 9, 2017 Application, Receipt) Beverages at Hernandez Event at Community Center on from 4:00 p.m. to 9:00 p.m. — DOB Verified (Transmittal, Beverages at Discepolo Event at Community Center on from 6:00 p.m. to 11:00 p.m. — DOB Verified (Transmittal, G. Approve Holiday Use of Community Center by Alkathon (Transmittal, Letter) MOTION Mr. Dodd and SECOND by Vice Mayor Coy to approve consent agenda items A; and, C through G. ROLL CALL: Vice Mayor Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen — Aye Mayor McPartlan — Aye Motion carried 5-0. Item 713 - Resolution No. R-17-38 The Community Development Director reported the final plat is in accordance with the preliminary plat filed in 2015 however the County Attorney has identified discrepancies in regard to the title and certification which have been corrected as of 3:47 p.m. by the developer. The new copies of the plat were distributed to the Council Members and staff recommended approval with the execution of a quit claim deed for the drainage ditch on the south side of the property and that the mylar be reviewed by the City to ensure incorporation of the corrections. (See attached revisions) 9of13:3 Regular City Council Meeting October 25, 2017 Page Three MOTION by Mr. Hill and SECOND by Vice Mayor Coy to approve Resolution No. R-17-38 with the conditions as described by staff. ROLL CALL: Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen — Aye Mayor McPartian — Aye Vice Mayor Coy — Aye Motion carried 5-0. 8. COMMITTEE REPORTS & APPOINTMENTS - None 9. QUASI- JUDICIAL PUBLIC HEARING 17.165 A. Resolution No. R-17-36 — Approve Site Plan Consistina of Demolition of an Existina Gas Station and Canopv. Followed by Construction of a Three -Unit 13.144 SF Retail Building at 727 Sebastian Boulevard {Transmittal. R-17-36. Staff Report. Conceptual Plan, P&Z Minutes. Application, Plans) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN FOR THE DOLLAR GENERAL RETAIL STORE WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor McPartlan opened the hearing at 6:11 p.m. and the Interim City Attorney read the title of Resolution No. R-17-36. There was no ex parte communication to disclose. Mr. Dodd stated he lives within 500 yards of the proposed project. The City Clerk swore in those who were to provide testimony. Jeremy Anderson, Vice President of Hanlex Development, stated they were proposing the redevelopment of outparcels that used to be a gas station in the Chesser's Gap PUD. William Anderson, Hanlex Development described the proposed use, site layout, driveway access points, traffic generation/circulation, landscaping and building architecture. He advised the project is consistent with the City's code and vision. The Community Development Director said the project is located at the intersection of Fleming Street and Sebastian Blvd.; it will include the demolition of the Exxon Gas Station and follow with the construction of a three unit retail building. Because the project is located in a PUD, it requires Council approval and all City regulations have been satisfied. The Community Development Director reported the Planning and Zoning Commission requested approval from the Indian River County Fire Department; the trees be trimmed by a certified arborist and the landscaping plans be revised. All three requests have been met. The Planning and Zoning Commission also requested that staff review the soil testing results of the underground gas tanks; and, the plat be included in the Chesser's Gap Subdivision, approved by City Council, and recorded before a certificate of occupancy is issued. 10 of 133 Regular City Council Meeting October 25, 2017 Page Four Staff recommended approval with the Planning and Zoning Commission's conditions. Ben Hocker, Sebastian, said he was in favor of the project but construction has already started before receiving Council approval. He asked if soil testing has been completed. The Community Development Director said she anticipates receiving the soil report later in the week. Damien Gilliams, 1623 US Highway 1, said he was in favor of the project and noted the site plan is over 13,000 sq. ft. but the application states the building will be 12,000 sq. ft,; there are three store fronts depicted with language of possibly only being two. He asked if there is an City engineer that will sign off on the site plan. There was no one opposing the project. Mr. Anderson responded the owner of the site has been monitoring the tanks with FDEP quarterly; and when the tanks are pulled, samples will be taken immediately. He said they plan to restore the site. Mr. Dodd asked if the FDEP permit has been obtained to pull the tanks. The Community Development Director explained the closure report will indicate the soil and water testing has been completed and then receive the FDEP permit. She also said typically during the site planning process, changes are made including square footage which probably changed to accommodate a need. Mr. Anderson added that they are planning on three stores but if one applicant needs a larger space, two spaces will be used. The City Manager advised that while there isn't a City engineer on staff, when needed, one of the City's CCNA contracted engineers would assist the City. The Community Development Director recommended approval. MOTION by Mr. Hill and SECOND by Ms. Kinchen to approve Resolution No. R-17- 36 with the conditions as stated within the resolution. ROLL CALL: Mr. Hill — Aye Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd —Aye Motion carried 5-0. 10. UNFINISHED BUSINESS 11, PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Bruce Zingman thanked Council for approving the road closures for the Christmas Parade and announced Santa would arrive December 2nd to his house in Riverview Park and invited the public to participate in building his house. Chuck Mechling, 5215 Trade Winds Vero Beach, thanked Vice Mayor Coy for her 13 years of service to the City. 11 of 134 Regular City Council Meeting October 25, 2017 Page Five Jim Sunnycalb also thanked Vice Mayor Coy for her service. He asked if the light in the Easy Street Park's fountain could be green for Veterans' Day. Vice Mayor Coy said she wasn't in favor of changing the color of the fountain. Mayor McPartlan suggested leaving the light in the care of the City Manager. Daniel Richards, 380 Concha Drive, said there is a steel plate over the hole in the middle of Concha Drive that bangs each time a car drives over it. The City Manager offered to investigate the hole. A gentleman thanked the City for allowing Alkathon to use the Community Center over the holidays as a meeting place for Alkathon members. Ben Hocker asked if the City could rescind or put the opening of marijuana dispensaries on hold. He said on the evening news there was a dispensary that had display counters. He complimented the City Manager for rebuilding the boat dock but noted it looked like a wall. Mayor McPartlan reminded him that 66% of Sebastian residents voted for the medical marijuana. Damien Gilliams, 1623 U.S. Hwy 1 thanked Vice Mayor Coy for her service to the community and as a veteran. Vice Mayor Coy noted that over the past 13 years, Mr. Gilliams has not shown appreciation for her and neither Mr. Gilliams, nor she, cared for each other. 12. NEW BUSINESS 17.166 A. Approve Drivewav Pipe/Culvert Repair Policv (Transmittal. Policv. LDC 54-3-10.5) The City Manager explained that conveyance of stormwater has been getting blocked up due to collapsed or clogged driveway pipes in front of many homes; typically Code Enforcement advises the homeowner the pipe needs to be replaced and because of financial or physical inability, the pipes do not get repaired which impacts neighboring driveways. Staff has received a response from a contractor who is willing to repair the pipes and with the leftover money from discontinuing the quarter round project, he would like to repair some of the problem driveway pipes to get the water moving. He cited an excerpt from the policy on page 81 and requested Council approval. Mayor McPartlan suggested a YouTube Video be developed to inform residents on how to maintain their swales and pipes; the number of repairs should be identified; and non-profit agencies can help the residents that can't maintain the water flow on their own. Mr. Dodd said he didn't feel that this would be a one-time event; a lot of swales aren't sloped correctly which will elevate the repair expense. He suggested including the pipe repair and re -sloping in the Capital Improvement Program as an annual cost; and an engineering assessment be completed on the worst cases. 12 of 13J Regular City Council Meeting October 25, 2017 Page Six 7:11 pm The City Manager explained there is $250,000 in the budget; there is a talented employee that would identify the problem areas to begin and the policy would be on-going and tweaked over time. Mr. Hill noted the cleaning of culverts isn't in the policy; he would hope the slope would be corrected unless only the pipe repair was needed. He asked how Council could say the City will repair the culvert that is owned by the resident but not repair the seawall in their backyard. He also suggested they define "bona fide" because there isn't enough money for everyone; it would be fair to do everyone's property, but that isn't possible so maybe the program is unattainable. He also asked that if a pipe is replaced, it should be determined if the pipe was permitted and inspected by the City. He said the pipes do need to be fixed but he could not support the policy as written. Vice Mayor Coy said the easements belong to the City as opposed to the seawall in the back yard; she agreed that a lot of problems could be resolved with the angling of the slope. Mr. Hill said during Ms. Kinchen's employment in the Public Works Department, there was a methodical process using the armadillo to address the swales and suggested that she be consulted so develop a front yard swale remediation policy with a funding mechanism and grant application process. Ms. Kinchen said there are a lot of pipes that should be fixed in conjunction with the armadillo and noted entire sections should be fixed from ditch to ditch or it will be a moot effort. Mr. Dodd said it sounded to him that Council supports using the funds to replace the driveway pipes but they should extend the scope to include the armadillo and if a property needs a second repair, it would be at the homeowner's expense. MOTION by Mr. Dodd and SECOND by Mr. Hill to tweak the policy and determine eligibility requirements. Andrea Ring, 407 Quarry Lane, said she can't clean her swale due to standing water. Mr. Hill asked the City Manager to take a look at her swale. Albert lovino, Sebastian, said the policy sounds like a great idea but should be revamped and include an application process. Ben Hocker, Sebastian, said the driveway pipes are on City property. Mr. Dodd noted the Land Development Code specifically delineates a driveway cannot obstruct the waterflow and owners shall keep the pipes clean and mowed. ROLL CALL: Ms. Kinchen — Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd —Aye Mr. Hill — Aye Motion carried 5-0. 13 of 133 Regular City Council Meeting October 25, 2017 Page Seven 17.166 B. Award Florida Site Contractina the Construction Services Aareement for Drivewav Pipe Replacement and Authorize the Citv Manaa_ er to Execute Appropriate Documents (Transmittal. Bid 17-20, Agreement) MOTION by Mr. Dodd and SECOND by Mayor McPartlan to submit the contract back to the City Manager pending revision of the policy. ROLL CALL: Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd —Aye Mr. Hill —Aye Ms. Kinchen —Aye Motion carried 5-0. 17.167 C. Waive Bidding Procedures and Piaavback Clav Countv Bid/Contract for Musco Sports Liahtina. LLC to Replace Ballfield Liahtina at the Barber Street Sports Complex in the Amount of $375.000 (Transmittal. Quote. Contract) The City Manager explained this has been included in this year's budget and recommended approval. MOTION by Ms. Kinchen and SECOND by Mr. Hill to approve the contract to Musco Sports Lighting to replace the ballfield lighting at Barber Street Sports Complex. The City Manager offered to find the reason for the 30120 light level credit noted on page 132. ROLL CALL: Vice Mayor Coy — Aye Mr. Dodd —Aye Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan — Aye Motion carried 5-0. 17.168 D. Approve Memorandum of Aareement with the Florida Division of Emeraencv Manaaement for Notifvina Citizens of Public Safety Announcements (Transmittal, Definitions. FDEM Contract. MOA) The City Manager said this would be a way to alert citizens of public service announcements or emergencies and recommended approval. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve a memorandum of agreement with the Florida Division of Emergency Management. Mayor McPartlan thanked the Network Manager for implementing this service. ROLL CALL: Mr. Dodd — Aye Mr. Hill — Aye Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Motion carried 5-0. 14 of 1331 Regular City Council Meeting October 25, 2017 Page Eight 13, CITY ATTORNEY MATTERS It was the consensus of Council to support the Interim City Attorney's request to not provide legal advice to citizens. She announced the November 7, 2017 Election Day and that she, the City Clerk and Records Clerk Cathy Testa would serve as Sebastian's Canvassing Board. 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS The City Clerk announced that the Indian River County Supervisor of Elections has obtained new voting machines that will be publicly tested on Halloween. 16. CITY COUNCIL MATTERS Mr. Hill said he has appreciated everything that Vice Mayor Coy has done for the City over the years, even during their spirited debates. Ms. Kinchen also thanked Vice Mayor Coy for her years of service. Ms. Dodd also thanked her. Vice Mayor Coy thanked the Charter Officers and Council for working with her. She noted while she had spirited debates with Mr. Hill, they met somewhere in middle with good decisions. She thanked the citizens for giving her six terms. Mayor McPartlan thanked Vice Mayor Coy and advised he has plenty of projects she may be able to assist his with since she will no longer be on City Council. He noted she is a tremendous advocate for the community who has taught him a lot. Mayor McPartlan invited the public to support SafeSpace Domestic Violence Shelter's Walk a Mile in Her Shoes at the Indian River Mall on Saturday, October 28, 2017. 17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 7:32 p.m. Approved at the November 22, 2017 Regular City Council meeting. Mayor ATTEST Jeanette Williams, MMC — City Clerk 15 of 133 CM Lf SET -I HOME OF PELICAN ISLAND COUNCIL MEETING DATE CITY COUNCIL AGENDA TRANSMITTAL November 22, 2017 AGENDA ITEM TITLE: Prior Authorization for Council Travel to Florida League of Cities Institute for Elected Municipal Officials (IEMO) - January 19-21, 2018, Embassy Suites Altamonte Springs RECOMMENDATION: Authorize Council Member lovino to attend the Florida League of Cities Advanced IEMO in accordance with City Code Section 2-15 which requires prior authorization for reimbursement of travel costs beyond 75 miles. BACKGROUND: The Florida League of Cities provides officials with an intensive academic program that will assist them in effectively meeting the requirements of their elected role. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: Registration $300, three night hotel approximately $336, travel approximately $191 Amount Budgeted in Current FY: Travel Balance: $24,000. - $1,500. monthly expense for rest of the year leaves $9,000 Training Balance: $3,475. ATTACHMENTS: Registration Form Administrative Services Department Review: C41��p� City Clerk Authorization Date: /(-17—/7 16 of 133 2018 Institute for Elected Municipal Officials (ISMO) Registration Form January 19-21, 2018 Embassy Suites by Hilton Orlando North (Altamonte Springs) Please print the information below. Please fill out one form for each attendee. Name: Nickname: (Please print as it should appear on your certificate.) (For name badge) Dietary Restrictions: ❑ no ❑ yes If "yes", specify dietary requirements: Title: Municipality. Municipal Address: Zip Code: Phone: FAX E -Mail: Municipal Clerk: Registration Fee: $300.00 (includes lunch on Friday & Sunday) Registration Deadline: Thursday, January 5, 2018 (Space is limited to the first 35 students.) To register via check, please mail with completed registration form to: Florida League of Cities P.O. Box 1757 Tallahassee, FL 32302 To register via Visa or MasterCard, go online to www.ficities.com, or complete the info below and fax to (850) 222-3806, Attn: Heidi Hogarth Card Number: Cardholder's Name: Billing Address: Exp. Date Cardholder's Phone: (If different from above) Cancellations: Cancellation/transfer requests must be received and confirmed in writing by Thursday, January 5, 2018 to be eligible for a refund. A $25.00 processing fee will be applied to all cancellations and/or transfers. Transfers must take place within the fiscal year. Refunds will be processed after the program. Substitutions are accepted and encouraged. We reserve the right to cancel the IEMO training. If the training is cancelled, registration fees will be refunded in full. Confirmations will be e-mailed once paid registration is received. Please contact Heidi Hogarth at (850) 222-9684 with any further registration questions. HOTEL INFORMATION Embassy Suites by Hilton Orlando North 225 Shorecrest Drive Altamonte Springs, FL 32701 Reservation Method: Personalized Online Link: http://embassysuites.hilton.comlen/eslaroups/oersonalized/M/MCOSPES- I EM-20180118/index. ihtml Phone-in to 800-445-8667; Ask for the Group Code: IEM or the Group Name: Institute for Elected Municipal Officials. Room Rate: $112.00/night. Self -parking is complimentary. A credit card is required to guarantee reservations, and cancellations must be made 24 hours prior to arrival to avoid a fee of one night's charge. IEMO training begins Friday at 8:00 a.m. and ends Sunday at 3:00 p.m. HOTEL CUT-OFF DATE: Thursday, December 28, 2017 17 of 133 MOF SEBAsTL'NN " HOME OF PELICAN ISLAND � CITY COUNCIL AGENDA TRANSMITTAL Council MeetinE Date: 22 November 2017 Agenda Item Title: Forfeiture Fund Distribution Recommendation: Approve donation of $1,500 to the Executive Roundtable of Indian River County on behalf of the Sebastian Police Department. Background: The Executive Roundtable of Indian River County is a 501(c)(3) organization requesting donations to fulfill the tasks of effecting positive change and facilitating the needs of families in Indian River County. If Azenda Item Requires Exnenditure of Funds: Total Cost. $1,500 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $1,500 Fund to Be Utilized for Appropriation: Forfeiture Fund / Administrative Services Department/CFO Review: I [ e --I Attachments: City Manager Authorization: Date: 15 November 2017 1. Florida Statute 932.7055 2. Letter from Chief Morris 18 of 133 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 4 Select Year: 2015 l Go The 2015 Florida Statutes Title XLVII Chanter 932 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter CORRECTIONS PROCEDURE LAW 932.7055 Disposition of liens and forfeited property.— (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no Longer needed for an official purpose. The agency may not sell or retain any image. .(3) if the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(6) (b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. '-(d) Notwithstanding any other provision of this subsection, and for the 2015-2016 fiscal year only, the funds in a special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special Law enforcement trust fund before October 1, 2001. This paragraph expires July 1, 2016. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shalt be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other taw enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_St...19 M1335 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 4 grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shalt include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. After July 1, 1992, and during every fiscal year thereafter, any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program (s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the http://www,leg,state.i7.us/STATUTES/index.cfni?App_mode=Display_Stattitc&Search_St...2Q VM$5 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 4 Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (f) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (g) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shalt be deposited into the Genera( Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (j) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (it) The Division of State Fire Marshal in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (l) The Division of Insurance Fraud of the Department of Financial Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shalt, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Disp]ay_Statute&Search_St.. 211 P8/ 5 Statutes & Constitution :View Statutes : Online St111s11ine Page 4 off shall issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History. -s. 5, ch. 92.54; S. 2, ch. 92.290; s. 21, ch. 94-265; s. 479, ch. 94-356; s. 5, ch. 95.265; s. 72, ch. 96-321; s. 41, ch. 96-418; s. 2, ch. 98-387; s. 3, ch. 98-389; s. 4, ch. 98-390; s. 5, ch, 98-391; s. 2, ch. 98.392; s. 2, ch. 98-393; s, 2, ch. 98- 394; s. 61, ch. 99.245; s. 2, ch. 2000-147; ss. 26, 79, ch. 2002-402; s. 1923, ch. 2003.261; s. 37, ch. 2003.399; s. 3, ch. 2004- 39; s. 38, ch. 2004-234; s. 16, ch. 2004.344; s. 23, ch. 2005-3; S. 19, ch. 2005-71; s. 2, ch. 2005-109; s. 5, ch. 2005-117; s. 11, ch. Z006-26; s. 20, ch. 2006176; s. Z1, ch. 2006-305; S. 7, ch. 2007-14; s. 10, ch. 2007.73; s. 10, ch. 2008-153; s. 207, ch. 2008-247; s. 7, ch. 2009.82; s. 8, ch. 2010.153; s. 18, ch. 2011-47; s. 31, ch. 2012-88; s. 15, ch. 2012-119; S. 4, ch. 2013-5; s. 12, ch. 2013.41; s. 13, ch. 2014.43; s. 22, ch. 2014-53; s. 2, ch. 2015.7; s. 35, ch. 2015-222. eNote. --Section 35, ch. 2015-222, amended paragraph (4)(d) "[i]n order to implement Specific Appropriations 1254 and 1259 of the 2015-2016 General Appropriations Act." Copyright me 1995-2015 The Florida Legislature • Privacy Statement • Contact Us http:llwww.leg.state.fl.tisISTATUTESlindex.cfm?App_mode=Display_Statute&Search_St.. 221 DtIM 5 �BAST1,q P0LITM�NC1~ Afi T -We'- ' „�„ Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 772-589-5233 Fax 772 -388 -1872c -snail mmorris(u-�citvofsebastiati.org J. Michelle Morris, Chief November 15, 2017 Council Members, I certify per Florida State Statute 932.7055 5(a)(b)3 the donations do comply with the provisions of this statute. Sincerely, J. ichelle Morris Chief of Police 23 of 133 LTD l7 SEBAST_" HOME OF PELICAN 15LAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 22 November 2017 Agenda Item Title: Forfeiture Fund Distribution Recommendation: Approve the expenditure of Forfeiture Funds Background: The Sebastian Police Department actively participates in the DARE program and requests funds from the Law Enforcement Trust Fund to purchase items for our DARE Graduates. DARE (Drug Abuse Resistance Education) is a program taught to 5`f' grade students in preparing them for middle school. Students are instructed to resist drugs, alcohol, cigarettes, and gang affiliations. The DARE program is a recognized national, and local, success. If Agenda Item Requires Eznenditure of Funds: Total Cost: $409.62 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $409.62 Fund to Be Utilized for Appropriation: Forfeiture Fund Administrative Services Department/CFO Review: U Attachments: 1. Order form for the DARE shirts. 2. Florida Statute 932.7055 3. Letter from Chief Morris City Manager Authorization: Date: 15 November 2017 24 of 133 Creative Product Sourcing, Inc. 3130 Wilshire Blvd. Ste 555 Santa Monica, CA 90403 (888) 811-3273 phone (949) 348-2690 fax Name 1 Address City of Sebastian Police Department D Acosta- Finance I201 Main Street Sebastian FL 32958 Item Descrlptlon TS85-CA-S Standing Flag Tee - Small (Block) TS85-CA-M Standing Flag Tee - Medium (Black) TS85-CA-I. Standing Flag Tee - Large (Black) DS15-CA Daren Bendable (WSL) PPOs -CA Pocket Fen- Assorted Black, Blue, White Packs of 72 Fed Ex Shipping & Handling Hon-TaxabJe A3COUNT #: P -O. #: P:ROJECT AMOUNT; $ CATS: CREPT. HEAD: Sales i Order Cate S.O. No. 11/1{/2017 95477 Ship To Sebastian Police Department Ashley Penn 1201 Main Street Sebastian, FL 32958 P.O. No. Rep Project Ordered Ulm Rate Amount 26 ea 6.50 169.00T 20 ea 6.50 130.00T 6 ca 6.50 39.00T 3 ea 3.00 9.00T I PIC 28.80 28.80T I ea _ ......_33..82 _.___..._.._.33.82 0.00% 0.00 Total $409.62 25 of 133 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 4 Select Year: 2015 V ! j Go' The 2015 Florida Statutes Title XLVII Chanter 932 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter CORRECTIONS PROCEDURE LAW 932.7055 Disposition of liens and forfeited property.— (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. .(3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(6) (b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. 1(d) Notwithstanding any other provision of this subsection, and for the 2015-2016 fiscal year only, the funds in a special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires July 1, 2016. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal http:l/www.leg.state.fl.us/STATUTES/index.c fm?App_mode=Displa}_Statute&Search_St..261 MAA 5 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 4 grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shalt apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. After July 1, 1992, and during every fiscal year thereafter, any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program (s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shalt be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the http://www.leg.state. fl.us/STATUTES/index.cf-m?App_mode=DispIay_Stattite&Search_St.. 271 gf$a2'0 5 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 4 Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(t)(b), as applicable. (d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337. (e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (f) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (g) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 883 (e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (j) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (k) The Division of State Fire Marshal in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (l) The Division of Insurance Fraud of the Department of Financial Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency http://www.leg.state, l.usISTATUTESlindex.cfm :'App_mode=Display_Statute&Scarch_St.. 2a Wm 5 Statutes & Constitution :View Statutes : Online Sunshine Noe 4 of shalt issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity raving budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History. --s. 5, ch. 92.54; S. 2, ch. 92.290; s. 21, ch. 94.265; s. 479, ch. 94-356; s. 5, ch. 95-265; s. 72, ch. 96-321; s. 41, ch. 96-418; s. 2, ch. 98-387; s. 3, ch. 98.389; s. 4, ch, 98-390; s. 5, ch. 98-391; s. 2, ch. 98-392; s. 2, ch. 98-393; s. 2, ch. 98- 394; s. 61, ch. 99-245; S. 2, ch. 2000-147; ss. 26, 79, ch. 2002-402; s. 1923, ch. 2003-261; s. 37, ch. 2003.399; s. 3, ch. 2004- 39; s. 38, ch. 2004-234; s. 16, ch. 2004-344; s. 23, ch. 2005.3; s. 19, ch. 7005-71; s. 2, ch. 2005-109; s. 5, ch, 2005.117; s. 11, ch. 2006-26; s. 20, ch. 2006-176; s. 21, ch. 2006.305; s. 7, ch. 2007-14; s. 10, ch. 2007-73; s. 10, ch. 2008-153; s. 207, ch. 2008.247; s. 7, ch. 2009.82; s. 8, ch. 2010.153; s. 18, ch. 2011-47; s. 31, ch. 2012-88; s. 15, ch. 2012-119; s. 4, ch. 2013.5; s. 12, ch. 2013.41; s. 13, ch. 2014-43; s. 22, ch. 2014.53; s. 2, ch. 2015-7; s. 35, ch. 2015.222. 1Note.-Section 35, ch. 2015.222, amended paragraph (4)(d) "[i]n order to implement Specific Appropriations 1254 and 1259 of the 2015.2016 General Appropriations Act." Copyright 0 1995-2015 The Florida Legislature • Privacv Statement • Contact Us http:l/www.leg.state.f7.us/STATUTESlindex.cfm?App_mode=Display_Statute&Search_St...291 NIM5 S pOLIC� p�PARTMEAir Dr PCO Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 772-589-5233 Fax 772-388-1872 e-mail mmorris@cityofsehastian.org J. Michelle Morris, Chief November 15, 2017 Council Members, T certify per Florida State Statute 932.7055 5(a)(b) the attached items do comply with the provisions of this statute. Sincerely, J. - ichelle Morris ie€ o€ Police 30 of 133 Ln Li SSE T_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 22 November 2017 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Smith Social at the Community Center. BACKGROUND: Phyllis D. Smith is seeking Council approval to serve alcoholic beverages at the Community Center on Friday, 12 January 2018 from 3:30PM to 8:30PM. Staff has verified Applicant's date of birth. They are expecting 75 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review:.-, ATTACHMENTS:. 1. Facility Rental Permit Application 2. Receipt{s} City Manager Authorization: / Date: 14 November 2017 31 of 133 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION QS1'T HOME Of PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 mhernandez@cityofsebastian.org Office Us Only: $250 Security Pd: l 1 17 e In' ials , Rental Fee 3 o to 7% Tax Total Rental Pd: ate Initials City Manager Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (If applicable) Initials Date: Nov1st 2017 ❑x Community Center ❑ Yacht Club Phyllis D Smith CPA, PA Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 1623 US HWY 1 Physical Address Sebastian FL City State Open House Social for tax clients Reason for Rental — Type of Function Mailing Address (if different) 772-589-2939 alexpds@att.net Phone E -Mail 75 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-14-15) January 12_ 2018 Requested Date Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age 3:30pm-8:30pm Time: From To i YES NO / YES_ 03/13/1953 1525 53593 Date of Birth Verified by 1, _Linda Robinson , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. Sigriature of Aoicant 32 of 133 CITY OF SEBASTIAN 1124 PARKS & RECREATION RECEIPT Name 1 "YiS JD 1` ❑C h Date < <~ 1 3-o!7 Check # (i �- (_*'10-yV% LLr%-{4y G' rti[-Giu ❑ Credit ��• p- jPV'1/3'3. �E$' Paid / 3.3aem_4-V l=3oP(H Amount 001001 208001 Sales Tax 001001 220000 Security Deposit �y3o.dD 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services L�() Wl — Total Paid C) Initials Write - Dept. of Origin • Yellow - Admin. SVCS. • Pink - Applicant 33 of 133 an T SE T-" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 22 November 2017 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Discepolo Bridal Shower at the Community Center. BACKGROUND: Maryanne Discepolo is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, 13 January 2018 from 3:OOPM to 7:OOPM. Staff has verified AppIicant's date of birth. They are expecting 40 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: ` 4L- --J : l ATTACHMENTS: 1. Facility Rental Permit Application 2. Receipt(s) City Manager Authorization: •'/ lire r° Date: 14 November 2017 34 of 133 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION «CF SEAT" HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 mhernandez@cityofsebastian.org Date:lll '1117 Community Center ce1 l �P Z) is c 0 Name of PdklAittee (permits may only be ied to an adult) 3 q Physical Address a5-Vd4�_ �, City State Phone Office Use Only: $250 Security Pd: 11-13— t 7 Date I�'lial Rental Fee "0. 7%u Tax 1 Total Rental Pd, tt l Date Initials City Manager Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (If applicable) Initials ❑ Yacht Club Name of Organization (if applicable) Mailing Address (if different) E -Mail C�]h— tX0 s'hoU_y_& Reason for Rental — Type of Function 40 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age 3kKk —'o� �k Time: Fro T C., AL D l Date of Birth AVerifiey I, Ca11Y1.1 _:1uCA-A� ,the undersigned, acknowledge that I am the ap icant or authorized agent of the abo referenced organization, that I am aware of the provisions of the ity of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I hav applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in pa or fuU, of the secyt{ity deposit LS o� }��J Signature of AppGc t 35 of 133 CITY OF SEBASTIAN 1127 PARKS & RECREATION RECEIPT KXry0_AVc, 19 U cY_fo0�1*4-(_ Name _ ;" 0-f t anIS v/Check ash Date t 1 _ i 3 2017 # 21qF Credit alt 2-0 1 1 f 3— Z tiGi . Amount Paid Aits —4 k Total Paid Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 36 of 133 001001 208001 Sales Tax 001001 220000 Security Deposit 20 0, 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Aits —4 k Total Paid Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 36 of 133 Regular City Council & CRA Meeting September 27, 2017 Page Two B. Introduction of Communitv Development Director Lisa Frazier, M.S. AICP The City Manager introduced Ms. Frazier who comes to the City with impeccable credentials_ Brief Announcements Sebastian Police Department's Community Night Out -- 5-7 pm — Riverview Park Mayor McPartlan announced the Community Night Out to be held October 3 with local law enforcement officers as well as Col. Danny McKnight who was featured in the movie Black Hawk Down. Vice Mayor Coy gave a special thank you to the Sebastian Police Department who were prepared to conduct the Patriot Day Celebration which had to be cancelled due to Hurricane Irma. 7. RECESS CITY COUNCIL MEETING AND CONVENE AS COMMUNITY REDEVELOPMENT AGENCY A. Chairman McPartlan tailed the CRA meeting to order at 6:05 p.m. B. MOTION by Mr. Dodd and SECOND by Ms. Kinchen to approve the September 13, 2017 CRA Minutes. ROLL CALL: Vice Chairperson Coy — Aye Mr. Dodd —Aye Mr. Hill —Aye Ms. Kinchen - Aye Chairman McPartlan —Aye Motion carried 5-0. C. Conduct Public Hearing on CRA Budget for FY 2018 — CRA Resolution 17-01 A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING 01 OCTOBER 2017 AND ENDING 30 SEPTEMBER 2018; MAKING FINDINGS; AUTHORIZING AMENDMENTS; PROVIDING FOR AN EFFECTIVE DATE. The Chief Financial Officer reported the CRA budget must be approved separately; he capped the Fagade, Sign and Landscape Program at $40K with the remaining in the CRA balances. MOTION by Mr. Hill and SECOND by Vice Chairperson Coy to approve CRA Resolution 17-01. ROLL CALL: Mr. Dodd —Aye Mr. Hill —Aye Ms. Kinchen —Aye Chairman McPartlan -- Aye Vice Chairperson Coy — Aye Motion carried 5-0. 2 37 of 133 Regular City Council & CRA Meeting September 27, 2017 Page Three D. Chairman McPartlan adjourned the CRA meeting at 6:07 p.m. 8. ADJOURN COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE AS CITY COUNCIL Mayor McPartlan reconvened the Regular City Council meet at 6:07 p.m. 9. PUBLIC HEARINGS 17.023 A. Final Hearinq on Millage for Calendar Year 2017 and CY 2017/2018 Budget i. Attorney Advises Council on Procedure for Millage/Budget Hearing and Reads Titles for Resolutions R-17-30, R-17-31, and R-17-32 The Interim City Attorney cited F.S.200.065 which provides for discussion of the proposed millage rate necessary to fund the budget and if an increase is necessary, the specific purposes for the increase. She advised that Council should consider the millage rate before the budget and read the titles of Resolutions No. R-17-30, R-17-31, and R-17-32. ii. City Manager Announces Proposed Millage Rate of 3.4000 Mills which is 2.69% Lower Than the Computed Rolled -Back of 3.4939 The City Manager announced proposed millage rate of 3.4000 which is 2.69% lower than the computed rolled -back of 3.4939. iii. Budget Overview The Chief Financial Officer said the budget is balanced; included a 3% wage increase for the employees; an engineering study to evaluate the roads; and additional monies for the Capital Improvement Funds for DST projects. He explained the negative balances were modified so the future years were positive, even after the expending the reserve amount and he recommended approval of the millage rate, operating budget and CIP resolutions. iv. Mayor Opens Hearing for Public Comment on Millage, Budget, and CIP Mayor McPartlan opened the public hearing at 6:13 p.m. Damien Gilliams 1623 US Highway 1, thanked Council for keeping the millage rate down to 3.4; however, there are unassigned reserves and money is needed for roads, transportation, and drainage, He suggested lobbying the legislators to receive money for seawall replacement; and the formation of a new storm and hurricane committee to make recommendations to Council. He said the Golf Course restaurant expenses should come out of the enterprise fund and $400K should be from the slormwater fund instead of the DST fund. 3 38 of 133 �OF SEBAS?!AI, HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY TRANSMITTAL CRA MEETING DATE: 22 November 2017 AGENDA ITEM TITLE: Septic -to -Sewer Program Grant Application RECOMMENDATION: Approve grant application with condition. BACKGROUND: In accordance with the Septic -to -Sewer (SSP) Grant Program, a grant application for the below parcel, located within the CRA district, has been submitted. The property owner will be removing an old septic tank along with connecting to the Indian River County's wastewater sanitary system. The south section of Indian River Drive has an existing centralized sewer system; therefore a construction permit for a lift station is not required. A grant application has been provided, including a copy of the deed, proof of paid taxes, and Indian River County water and sewer connection fees. Although a quote from a plumbing contractor has also been submitted, staff is requesting a revised itemized quote with a detailed cost breakdown of the proposed construction activities to be received before permit issuance. • 1016 Indian River Drive —Marie Terranova— Single Family Residential If approved, an award can be granted up to the maximum amount of $15,000 for reimbursement of costs incurred with design, removal, and connection. The first $10,000 of the award will be paid equally from the CRA and Indian River Lagoon Council grant funds, with the next $5,000 covered solely by the CRA. If Agenda Item Reauires Expenditure of Funds: Total Cost: $15,000 Maximum Amount Available: $210,000 If Cost Requires Appropriation: NIA Administrative Services Department/CFO Review: J ATTACHMENTS: For each application: 1. Application 2. Construction quote 3. Utility receipt 4. Tax receipt 5. Deed City Manager Authorization: Date: 16 November 2017 39 of 133 SEBASTIAN CRA -- SEPTlc-TO-SEINER GRANT PROGRAM APPLICATION NO. SEBASTIAN CRA SEPTIC -TO -SEWER GRANT PROGRAM. GRANT APPLICATION APPLICANT INFORMATION Name of Applicant: 1�12,q�— Mailing Address: A�,& Phone Number: Cell Number: E-mail Address:�!7` 2. PROJECT LOCATION ; Address of Property: Parcel Num ber(s): Property Tax Status: 3. DESCRIPTION F PROPOSED IMPROVEMENTS 4. ESTIMATED COST Please provide information on the following items: A. Cost of Current Septic System Closure B. Estimate of Connection to Indian River Utility System C. Permitting D. Design and Construction Costs TOTAL ESTIMATED PROJECT COSTS $ J r � I Pa Approved by CRA Board — 218117 e 2 40 0� 133 -,SEBASTIAN CRA -- SEP ic-To-SEwER GRANTPROGRAr14 Has the applicant applied for other regulatory grant funding to remove the targeted septic system? (Please check appropriate answer) YES NO If Yes, please answer the following questions: Who was the grant award from? How much was the total award? Signature(s) All owners must sign. T��hh�e information supplied in% this application is true and correct. Printed Name and Title signature STATE OF rlo I L, COUNTY OF in dLIAn ��.t►,� The foregoing instrument was acknowledged before me this 20ij, by Hdvle_. 4-;'W1(Ckr)oUC�-. who is/are personally known to me or has/have produced identification. (SEAL,) Printed Name and Tile Signature 0L day of 0CAC &� , as Notary Public, Commission No. Pic' !;k'� 3.39 II �O�:RY CONSTANCE J. REDMOND `- Drl )4itrlrP. t1 (f tr(iY1r1 (Name of Notary, Printed or Typed) * * MY COMMISSION # FF 222339 EXPIRES: May 27, 2019 �f'rPOf � roe Bonded Rru ii4d Notary Sake This Section for City Use Only Date Application Received: Date Application Reviewed: Recommendation to CRA: J Action by CRA: Approved by CRA Board — 218!17 4 Ph&1e 3 M 0 N N a c h a "o. mete, n �Y «vR Lam, rill 3 CIVO IR S160.9 5 6'48 P'B 6 71 PLANS qpprI m COVEM aI Cd E cc 36.8 F Dare: aZ� l i,• CO ld -N By: to 19.4 City OtSeb Buftng F FF~,q.Oy2 Q11.8 v 46.7 aCNE STORY �O RESIDENCEE u N 3.5 CIO 7.64 . Lnr A .3a 141h.; gETIRC L { X842 ,o , 6.82 0.0/ 8 C S X6,67 N25016' M—" W V6—.7 Will \ \ 7.66 7.71 INDIAN RIVER DRIVE NO IR ctF�, 6UT 43 of 13''1 �J Gary P. Gravel LLC Plumbing Contractor ST LIC# CFC050576 (772) 532-4982 Gravel Plumbing@aol.com PROPOSAL RE, 1016 INDIAN RIVER DR SEBASTIAN FL SEWER HOOK UP WE SHALL PROVIDE ALL MATERIALS & LABOR TO COMPLETE THE TRANSITION FROM SEPTIC TO SEWER.WORK TO BE PREFORMED TO INCLUDE BUT NOT LIMITED TO THE FOLLOWING, PUMP & FILL EXISTING SEPTIC, REMOVE AND FILL EXISTING LIFT STATION, REMOVE & REPLACE LANDSCAPING,PAVERS,FENCE APPROXIMATELY 160',RE-ROUTE ANY WATER OR STORM DRAINS THAT MAY INTERFERE WITH THE INSTALLATION OF THE NEW LINE. DE -WATERING WILL BE REQUIRED DUE TO THE LOCATION.ALL WORK PREFORMED WILL MEET OR EXCEED STATE AND LOCAL CODES.FOR THE SUM OF $12,000.00 RESPECTFULLY YOURS GARY P. GRAVEL 11/14/17 44 of 133 IfdDIh�V ItIY�c. COq fivr VATER Al,M SMVER COLNC T CTI 01.1 PEWS 1016 Itviiar. Rs-+er Drive Property Owner: Made Terranova - Ph. 561-415-2274 Project/Subdi-rision Name: CLO, ProF erty Owner Contact Person: Fax Location/Street Address: 1016 Indian River Drive e-mail: Parcel ID ('s) #: 31-39-06400009-0000-00004.0 Fire Prmtection Scriice? (Yee / No) N (REQUIRED) APPUL,ULE CODE ( I )Indian River Courter/City of 8�-6astian Master .date:? (Yes / No) i N (REQUIRED) (V) City of hero Beach `JGater (F) Franchise Utmzy N Sarver ( N ) No Service Available (REQU]REDFIELDS) FIELDS BELOW MUST BE FILLED Water is available and must eonrsact. Con: yet ting to'Nat•er (Y Cr n) ( N E For Concurrency Oa):O (Y=s / No) N Is Temp Sanies A,gmt Required N Connecting to Sewer (y or a) Y WATER: Financed 7 � — Water Impact Fc-.- Water 'Skrvice Connection; War --r Deuosit Inspection Pel: Meter' Installation Water Linc Within Cnty RW: If Developers Agtnt = I If Master Planned line = 2 5"cWfli: Sewer Impact Fee: Sewer Tap (yes or no): Sewer Deposit: Inspection Fee Tap Size # of taps Meter Size # of meters Ihp w'y 2`��� Financed 7 1 N ERU's Q $2,796.00 Eath # of tape Y 1 Tap (a3 $500.00 Each per Connection by IRC 1 Deposit ® 550.00 pre ERU 1 Inspection Fre Q $25.00 = S - = S 2,796.00 = S - = 5 500.00 _ 4 50.00 = 5 25.00 Sewer Line Within Cnry RW: 2 – If Developers Agmxt: = i Master Planned @ $15.77 pet LF LF= 74 = 3 1,103:90 If Master Planned Line = 2 I M ISCEi LANEDUS: Serlice [Marge Yes New Service @ $25.00 = $ 25.110 Additional Deposit Per DDCV Number a(MOTS Pw uired = = s - Recording Fee = Doe Stamp = S - R,:marla: Servrs-only estimate. Akvsdy connected to County Water (acct# lPrde;d;?� ' by IRCUD Staff Only -- 067434.) Gravity sewer blemi a existing but tap fee is required. •umpired By -,W= A10/2 12017 ActeptedBy:.. --- ---- i mere w am mea that k nave aeen mrormen mat a n permit ueo 0 the butHiog department for the Insta#ation of the service line from tits meter. IRC Servlcv App Failure to obtain tfris permit may result in a delay In the ktdalfation of the mater. A copy of this appRotion will be fumistred to the Suiding Department For their records.otal Balance Due = 3 4,499.90 Customer Name; ° —Charges and fees are estimates only. Actual charges are subject to eview an Customer Signarure: confirmation at time of payment. Service Availability Fees will arcate at the time connection tate; fees have been paid. L).,ASAfio1A&17 Michelle Faulkner From: Jesse Roland <jroland@ircgov.com> Sent: Tuesday, November 14, 2017 10:11 AM To: Michelle Faulkner Subject: FW: 1016 Indian River Drive - County Sewer Connection Attachments: doc15394220171114101652.pdf Hello Michelle. 1016 IR Drive has applied for sewer service and paid the attached fees. Let me know if you need anything else. Regards, Jesse Roland I Plans Reviewer Indian River County Dept. of Utility Services 1801 27th St, Vero Beach, FL 32969 Ph 772-226-1636 Fax 772-770-5143 iroiandeircaov.com From: Michele Alexa Sent: Tuesday, November 14, 2017 9:47 AM To: Jesse Roland <jroland@ircaov.com> Subject: RE: 1016 Indian River Drive - County Sewer Connection Yes they have. From: Jesse Roland Sent: Tuesday, November 14, 2017 9:27 AM To: Michele Alexa Subject: 1016 Indian River Drive - County Sewer Connection Michele, can you please verify if this address has applied for service and paid the attached connection fees of $4,499.90? Thanks. Jesse Roland I Plans Reviewer Indian River County Dept. of Utility Services 1801 27th St, Vero Beach, FL 32960 Ph 772-226-1636 Fax 772-770-5143 iroland anircaov.com 46 of 133 r`Car kJean' josdan, cFc Indian River CoarrYty Tar Collector ALT. KEY IACCOUNT NUMBER 2020176 31-39-06-00009-0000-00004/0 aazzap� 2016 REAL ESTATE NOTICE Of AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS PROPERTY ADDRESS TAX CODE ESCROW) 1016 INDIAN RIVER DR H I 2A I SKIP THE TRIP - Pay online at www.IRCrax.com If Postmarked By: Nov 30 2016 Dec 312016 Jan 312017 Feb 28.2017 Please Pay: $4,397.74 $4,443.55 $4,489.36 54,535.17 Discnard: 4°% 3% 2°% 1% TERRANOVA MARIE PO BOX 780763 SEBASTIAN FL 32978-0763 Leaai Desaicition: Mar 319-017 SRADDOCKS SUB REPLAT OF LOTS 10 X1,580.96 TO 18 P612-81 LOT 4, LESS & EXC EPT THE E 50 FT "1 _ FT O See Addi ' L2n Tac R Ll CARO_ Inds. REFLECT5 OWAIER(S) OF RECORD AS OF 9/7/16 47 of 133 PAY IN US. FUNDS TO CAROLE SEAN ]ORDAIN, TAX OXLECTOR - PAL BOX 1509, VERO BEACH, FL 32961-2509 - Ph: (772) 226-1343 ~. Taxing Authority Telephone R i€lage Assessed Value Exemption Taxable Value Tax Amount yrW U COUNTY GENERAL FUND 772-226-1214 3.3602 276,340 50,000 220,340 760.55 ur O�EMERGENCY SERV DIST 772-226-1214 2.3010 276,340 50,000 22fi,340 520.81 SCHOOL STATE LAW 772-564-3180 4.5620 276,340 25,000 251,340 1,146.61 CCC SCHOOL LOCAL 772-564-3180 2.8480 276,340 25,000 251,340 715.82 =2.7 CITY OF SEBASTIAN 772-388-8205 3.8000 276,340 50,000 226,340 850.09 Z ST JOHNS RIVER WATER 386-329-4500 .2885 276,340 50,000 226,340 05.30 �m SEBASTIAN INLET 321-724-5175 .1007 276,340 50,000 225,34L 22.79 19W OCA MOSQUITO CONTROL 772-562-2393 .2515 276,340 50,000 226,34D 50.92 U.At HOSPITAL DISTRICT 772-770-0935 .8443 276,340 50,000 226,340 2.91.10 Z9j FLORIDA INLAND NAVIG 561-627-3386 .0320 276,340 50,000 225,340 7.24 �& LAND ACQUISITION BND 04 772-226-1214 .3143 276,340 50,000 225,340 71.14 0 aZ V)o � 1 I -otaf m1 age 18.7025 Intal Ad Valorem Taxss � 51,43,8.37 { Z� z �•; _ ' ' `` �` " �. tp Total Ivan -Ad ValoremAssessmerns $162.61 {J A11thOf€t)1 Telephone AmoU11f � Total Taxes & Assessments 54,580.98 j y 1 COUNTY LANDFILL FEE 772-226-1300 102.61 3 SEBASTIAN STORM WATER SERVICES 772-388-8232 60.00 Tax Questions (772) 226-1343 Scan IO Pay Ott6ne 47 of 133 i c V" Rei. Fee $ 10.50 Doc. Stps. $2275.00 Prepared by 4 return to: Denise Fortner COMMERCIAL TITLE SERVICES, INC.1,sC� 1627 D.S. Highway 41, Suite 47 IN THE RECORDS OF Sebastian, Florida 32958 I � JEFFREY K.BARION CLERK CIRCUIT COURT incident to the issuance of title insurance VK X 0 C= INDIAN RIVER CO., FLA. Tax ID 406-31-39-00000-0050-00021,0 (Parent) INDM MFRGMff Tax ID X106-31-39-00009-0000-00003.0 (Parent) THIS WARRANTY DEED made the 19th day of June, 2002 by Edward P. Karr and John Karr hereinafter called the grantor, to Maria Terranova, as a single adult whose address is PO Box 780763, Sebastian, Florida 32978 hereinafter called the grantee: WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and Other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releasee, conveys and confirms unto the grantee all that certain land situate in Indian River County, State of Florida, viz; See attached Exhibit "A" for legal description The subject property is not the residence of the grantors herein, nor the residence o£ the grantors' family, nor is it contiguous thereto, and that the grantor hereby resides at: Edward P. Karr - 12780 89th Street, Fellemere, Florida 32948 John Karr - _ 13395 N. Indian River Drive, Apt. 18, Sebastian, Florida 32958 I TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simples that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written.: i Si saalod nn livered in the presence of: et witness to both Edward P. Karr DENISE FORTNER printed ai a r♦ of 1st witness I � l .w tnese t boCh ` Aimee Patton _ printed signature of 2nd witness STATE OF FLORIDA J 12780 89th Street Sebastian, Florida 32978 Grantor's address: COUNTY OF INDIAN RIVER The foragning instrument was acknowledged before me on this date, by Edward P. !Carr and John Karr, who produced Driver's License as identification. WITNESS my hand and official seal in the State and County last afot said this !,9th day of June, 2002. / f DENISE FONZC DENISE FORTNER `�' Mr COMIu5510M�C<8871St � +` EXPIRES -4m-oa 15.2007 Notary's Printed Name a'"1TJ"�^1P °'"" Notary Public Enr Commission Expires: �!g (Notary Seal) 48 of 1 I -RCT SEAT -N ;�2� HOME OF PELICAN ISLAND COUNCIL MEETING DATE: AGENDA ITEM TITLE: RECOMMENDATION CITY COUNCIL AGENDA TRANSMITTAL November 22, 2017 Planning and Zoning Commission - Fill one expired, regular member position Interview, unless waived, submit nominations for one regular member position with a term to expire November 1, 2020 BACKGROUND: Mr. McManus' term has expired and he would like to retire. have advertised for his position and in response, I have been notified that the current alternates, Robert Hughan and Bill Simmons, would like to move up. There were no other applications received. ATTACHMENTS: Applications, Ad, List Clerk Authorization:i WZLL�YbC1 Date: it -16- 17 49 of 133 cmgz* HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Robert Hughan 1 Name: 744 1 afkap-.., 0. Sebastian, Fla. 32958 Address: City: State: Zip: Telephone: ( D s j 4V) - Z E -Mail Address: a Employer: ICLL 5i5 -:�,Et City: Q State: Zip: Business Telephone: (.30 I am interested in serving on the following boards)/committee(s): 1" Choice: /0)-- H /,/ A/ I Md, � 7, Ul✓ t nl6 2nd Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) _ PLANNING AND ZONING COMMISSION* ** 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. 50 of 133 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? _ M41 VO- 0 t) L.,: -A2 L= / /L/ )I 19 v ZU / 4- �L G r r Z,) Do you presently serve on another City Board or Committee? If yes, please list: Have you previously served on any other City Board or Committee? 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. htti)://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Port 111) and Florida Sunshine Law (Florida Statutes, Chopter286) Statutes may be reviewed at httu://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions fr m this application may be cause for my application not to be considered. / Applicant: Signature of AXz� c, �~ Date: _ g - / Date Received by City Clerk's Office 1 1/3�I1 J by: 51 of 133 Employment Robert H. Hughan Jr. 1244 Larkspur Street, Sebastian, Florida 32958 Professional Land Surveyor, Florida License # 3570 Retired from the Florida Department of Transportation October 31, 2011 CH Perez and Associates (Part time one day a week plus or minus) Surveying & Mapping Marketing Manager/Quality Assurance/Quality Control November 1, 2011 to Present Responsible for developing and executing strategies for marketing survey services to clients throughout Florida. Responsible for Quality Control and Quality Assurance of all surveying efforts. Prepare scope of services for survey services. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT IV (FT LAUDERDALE) District Surveyor, Febuary2002 to October 31 ", 2011 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insure that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, Rule 14-17, Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, selection, management and review consultant services in Right - of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Set and maintain production goals for surveying services. Direct the management of all operating budgets for consultant services in the Right-of- Way ight-ofWay Control Surveying & Mapping and Design Surveying. Supervise and manage 16 employees. Responsible for developing in-house budget and Strategic Plan in support of the Districts Work Program for surveying projects. Provide advice to consultant surveyors regarding policies, specifications, and special requirements for Design and Right -of -Way acquisition surveys. Provide expert testimony regarding survey matters within the District. Other duties include meeting with other agencies as well as other FDOT Departments in the coordination of the land surveying activities in the District. Possess knowledge of FDOT's field data collection, office processing software, GIS and EDMS systems. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT VI (Miami) District Location Surveyor, June 1994 to Febuary2002 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insured that all surveys performed are in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, selealbef 133 management and review of consultant services in the area of CEI Surveying, Right - of -Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Possess knowledge of FDOT's field data collection, office processing software. Directed and managed all operating budgets for consultant services in the areas of CEI Surveying, Right -of - Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveying. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes and advised consultant surveyors regarding policies, specifications, and special requirements for Design and Right - of -Way acquisition surveys. Assisted the District Land Surveyor in the preparation of budget issues, expert testimony and all other survey matters and met with outside agencies, counties, and other FDOT Departments in the coordination of the land surveying activities in support of the District Design efforts. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI Assistant District Location Surveyor, August 1984 to June 1994 Assisted the District Location Surveyor in the planning and coordination of all survey work in the District and supervised and managed in-house and consultant survey crews. Design Production goals. Assured that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes in the District Design efforts.. Advised consultant surveyors as to policies, specifications, and special requirements for Design and Right -of -Way acquisition survey and assisted the District Location Surveyor in the preparation in the coordinating land surveying activities in the District. MISCELLANEOUS SURVEY AND ENGINEERING FIRMS Party Chief 1968 to August 1984 Responsible for boundary, subdivision, construction layout, quantity and miscellaneous surveys. MIAMI DADE JUNIOR COLLEGE September 1966 to 1968 UNITED STATES COAST GUARD September 1962 to September 1966 53 of 133 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 ROBERT HOWARD HUGHAN JR 1244 LARKSPUR ST SEBASTIAN, FL 32958-8846 January 5, 2015 SUBJECT: Professional Surveyor and Mapper License # LS3570 Your application / renewal as a professional surveyor and mapper as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2017 You are required to keep your information with the Board current. Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Division of Consumer Services, Board of Professional Surveyors and Mappers at 800435-7352 or 850488-2221. Detach Here - Detacn- Here --------7--------------------------------- Florida Department of Agriculture and Consumer Services ' Board of Professional Surveyors and Mappers LS3570 Professional Surveyor and Mapper ROBERT HOWARD HUGHAN JR ; IS LICENSED under the provisions of Ch. 472 FS Expiration date: February 28, 2017 -----------------------------------------' Florida Department of Agriculture and Consumer Services Division of Consumer Services License No.: ILS3570 Board of Professional Surveyors and Mappers Expiration Date February 28, 2017 2045 Apalacbee Pkway Tallahassee, Florida 32399-6500 Professional Surveyor and Mapper License Under the provisions of Chapter 472, Florida Statutes ROBERT HOWARD HUGHAN TR 1244 LARKSPUR ST SEBASTIAN, FL 32958-8846 ���.. of 133 AT)AM H PIITNAM J CITY or ;51EBAST" ;Msw�w 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. 1 Name: �! 1 f7 j/i'y/?�� r7S Address: SD 9 Z�4/ a bV �c%,4\' City�-PAvfS77'4-til State: iC7�-- Zip: /S a� Telephone: ( 77 Z) .s80,ol' - 9 6 E -Mail Address: b -G M,02,7 0/,J s `7-/ (,,0(2(9,wcA S 7— Employer: -/=I rPO City: State: Zip: auk-s(Telephone: ( -Z7 e2 I am interested in serving on the following board(s)/committee(s): 1St Choice: k+.*41.R,�1 �' tlo7O ✓I r 0 Cj 2'a Choice: I + i CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 55 of 133 Please summarize special skills, qualifications, or education you have acquired forth is appointment: (Your resume, professional certifications or designations may be attached.) R.1 14 -c -C-00 W`T7, /B►-esez'/-tr�,/)mw�s������ 3C7 V ,,+& RS oevTi4o 11,,74 4- V, Y 6uce L�onSl G�Ci�onr.lPrl��p5 Ce A /; -C-ed �, 4 / -c- 14-c co c/ o 4 Y-/ 4cewsed i, , -kc, �i©�C�✓�•-fP.p (� :Se bAs--)-71Akl Po f, 1'e &©-7 - 6a/l1-h i Why do you want to serve onthis board? Do you presently serve on another City Board or Committee? A/0 If yes, please list: Have you previously served on any other City Board or Committee? �e�5 If yes, please list: le,4&111)11� 09d -goA///VG �,E �/��Y`DX 44A l4, r c pme pqT .1Lo e )%a r I Lo Z I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state,fI us/ethics/forms.htmI If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.fisenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false st tements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: -�3`l r Z sAW/6 Date Received by City Clerk's office '"r - 2 Z — 160 by: W 56 of 133 an tN 5EEAS-IFIAN "I HOME OF PELICAN ISLAND September 28, 2017 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill an expired position on the Planning and Zoning Commission. Term to expire 1111!2020. This is a volunteer position. Applicants must have been a City resident one year prior to application. This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m, to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted through November 6, 2017. 57 of 133 PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS ADDRESS Tahir (Bash) Qizilbash Reappointed 5110117 Term to expire 5/1/2020 103 Barbara Court [MOST RECENT HISTORY FIRST] Sebastian. FL 32958 Jdr5347(i!Datt.net Bash. oes(acimail.com Reappointed 3126114 John McManus Took Paul's expired regular member Term to expire1111!2017 1295 Sebastian Lakes Drive position 11!19/14 position 4127111 i Sebastian, FL 32958 pp �. Took Neuberger's unexpired altemate Bmcmanus20la�bellso#nl'1' Took Dyer's expired alternate member 589-0013 n �� position 10/09/13 Term to expire 5/1/2019 1984 E- Lakeview Drive Rick Carter Reappointed 3122117 Term to expire 4/112020 237 Main Street Sebastian, FL 32958 Took Cardinale's expired regular focussys(oDcomcast. net member position 4127111 918-4600 member position 1127110 Took Durr's unexpired all member Louise Kautenburg - Chair Reappointed 2122117 Term to expire 2/1/2020 973 Oswego Avenue Sebastian, FL 32958 Took Durr's unexpired regular member Louise%l(aiuno.com position 10114115 696-3716 Reappointed 1/8114 Took Hennessey's unexpired alternate member position 3/14112 David Reyes —Vice Chair position 219111 Term to expire 611/2018 Reappointed 3126114 Tahir (Bash) Qizilbash Reappointed 5110117 Term to expire 5/1/2020 103 Barbara Court Reappointed 6113112 Sebastian. FL 32958 Jdr5347(i!Datt.net Bash. oes(acimail.com Reappointed 3126114 581-0775 Took Simmons unexpired regular Took Paul's expired regular member member position 311111 position 4127111 Louise Kautenburg - Chair Reappointed 2122117 Term to expire 2/1/2020 973 Oswego Avenue Sebastian, FL 32958 Took Durr's unexpired regular member Louise%l(aiuno.com position 10114115 696-3716 Reappointed 1/8114 Took Hennessey's unexpired alternate member position 3/14112 David Reyes —Vice Chair Reappointed 6124115 Term to expire 611/2018 458 Oak Street Sebastian, FL 32958 Reappointed 6113112 Jdr5347(i!Datt.net 453.6157 Took Simmons unexpired regular member position 311111 Took Neuberger's unexpired altemate member position 7114110 Joel Roth Reappointed 4127116 Term to expire 5/1/2019 1984 E- Lakeview Drive Sebastian. FL 32958 Reappointed 4124113 ioelrolh rnsn.com 589-6894 Reappointed 5/12110 Took Buchanan's unexpired regular member position 1127110 At Alvarez Took Dodd's expired regular member Term to expire 111112019 492 Quarry Lane position 12/14/16 Sebastian, FL 32958 alalvarevd)aol.com Took McManus' unexpired alternate 532-8767 member position 11/19114 Robert Hug han - Alternate Reappointed 2122117 Term to expire 1/1/2020 1244 Larkspur Street Sebastian, FL 32958 Took Kautenburg's unexpired alternate rhuohanObellsouth.net member position 12/16/15 (305) 498-2947 Bill Simmons - Alternate Took Alvarei s expired alternate member Term to expire 11/112019 509 Drawdy Way position 12/14/16 Sebastian, FL 32958 Bsimmons4l( vcomcast. net (270) 314-3554 58 of 133 CM Cf HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: November 22, 2017 AGENDA ITEM TITLE: Citizens Budget Review Advisory Committee Appointments - City Clerk's Request BACKGROUND: In accordance with Section 2-221 - 2-223 of the Code, the City Council, at the first regular meeting after each election, shall appoint a Citizens' Budget Review Advisory Board composed of seven members. Each new City Council member selects one appointee for two years and then the entire Council appoints two at -large members for one year. (Two alternates with three year terms have been added to assist with quorum.) Council Members Dodd (Larry Napier) and Hill's (Michael Frank) appointees will serve until November 2018. If for any reason their appointee cannot serve, a new member should be appointed. A press release for applications for the two at -large member positions and vacant alternate member has been advertised. will bring the formal appointment of all members back to Council on December 13, 2017. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: NIA ATTACHMENTS: Press Release, Roster City Clerk Authorization: W ilLnxro Date: ! ! - 1 7 - /_7 59 of 133 SEC7"y(,)F November 2, 2017 W pME OF PE CICgN ISC,gND Pres C01VTACT, .,, A/VThe Se Q'iZens gn s Release 388 g Y5ILLIAMS Bastian Cf d9et Reye Citizens W Adv�serY Boar tY Budget Review Advisory is accepting appli d One alte Board; cations for the follow T w0 at�largete member position l ng vol unteer position member _ Terrn s °n the These positions — Terms t0 expire Nov ember Main Street volunteer position expire Nov 2020 to the City COuebastian to assst This Board Wil/ r ember 20Y8 residents. ncil Prior to the ' first the C/tys budget t as necessary in nevi the budget heau ew Process rooes and Council Ch AppliratiOns ng for earn Proal ss make amber rer0 s, Y225 are m betwe e ava/labl Year. A mend accept d the hours of g: 0 p'n the City Clerks Applicants must be tions until November Y4am and 4:30 pm office City Hal/ Cid 2017. or online at ' Y225 Ivjain Street www. ci f Sebastian ofsebast;an, or, ### and Will be 60 Of 133 CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 9 members, 5 of who are individual Council appointees; 2 of who are appointed by Council at -large; 2 who are appointed as alternates. The 5 members appointed by Council serve the same term two-year term as the Council member who appointed them; the 2 at -large members serve one year until the next election; the two alternates serve three years terms. MEMBER NAME AND ADDRESS APPOINTED BY TERM Tim Slaven Council Member 11/2017-1112019 Sebastian, FL 32958 McPartlan term to expire at the end of tdslavenOgmail.comcast McPartlan's term in 2019 Larry Napier Council Member 1112016-11/2018 163 Harris Drive Dodd term to expire at the end of Dodd's Sebastian, FL 32958 term in 2018 larrvnavier(cDoutlook.com (772) 388-2070 Michael Frank Council Member Hill 1112016-1112018 962 Tarpon Avenue term to expire at the end of Hill's Sebastian, FL 32958 term in 2018 michealfrank(o)comcast.net (772) 913-5702 Vacant Council Member 1112017-1112019 Kinchen term to expire at the end of Council Member's term in 2019 Vacant Council Member 11/2017-1112019 lovino term to expire at the end of Council Member's term in 2019 Vacant At -large Member Term to expire November 2018 Vacant At -large Member Term to expire November 2018 Vacant Alternate Member (casts vote if first council appointee or at -large member is absent) Andrea Ring Alternate Member 407 Quarry Lane Sebastian, FL 32958 (casts vote if second (276) 920-1715 council appointee or at - large member is absent) Code 2-223 provides City Manager is an ex -officio Member Three year term from apt date Term to expire 512020 61 of 133 L cf SEBASTIAN HOME OF PELICAN ISLAND COUNCIL MEETING DATE: AGENDA ITEM TITLE CITY COUNCIL AGENDA TRANSMITTAL November 22, 2017 Council Appointees to Indian River County and Regional Boards BACKGROUND: Each year after the seating of a new City Council, the Mayor requests volunteers and assigns City Council members to various Indian River County and regional boards and committees. A complete updated list of regional boards is attached for your review and lists existing members. Attachments: Liaison List City Cleric Authorization: Date: /1-17-17 62 of 133 SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS 2017-2018 AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: Council Member Bob McPartlan Location: IRC County Admin Building - Room B1-501 Time: 9:30 am Frequency: Twice per year as scheduled — 3`d Wednesday Secretary: Tina Cournoyer 226-1440 BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Council Member Linda Kinchen Alternate: Council Member Jim Hill Location: IRC Admin Building B - Vero Beach - Room B1-501 Time: 3`d Monday of Each Month — 3 pm Secretary: Lisa Hill - 226-1919 EXECUTIVE ROUNDTABLE OF INDIAN RIVER COUNTY Current Member: Citv Manager Joe Griffin Location: 1836 14th Ave, Vero Beach, FL 32960 Time: last Thursday of each month — 9 am Executive Director: Aimee McPartlan ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Council Member Jim Hill Alternate: Vacant Location: IRC Administration Building B - Vero Beach — Rm B1-501 Time: 3�d Tuesday of Each Month — 3:30 pm Secretary: Tina Cournoyer - 226-1440 METROPOLITAN PLANNING ORGANIZATION (2 MEMBERS) Current Members: Council Member Bob McPartlan & Vacant Alternates: Council Member Ed Dodd & Council Member Jim Hill Location: IRC Administration Building B - Vero Beach - Rm B1-501 Time: 2nd Wednesday of each month - 10:00 am MPO Citizen Adv. Comm. Bruce Hoffman (1), Dervl Seemaver (2) Dick Krull (alt) (1), Judy Bewersdorf (alt) (21 1" Tuesday of month - 2 pm MPO Tech. Adv. Comm, Lisa Frazier - Planninq Position; Joe Griffin - Engineerinq Position; Scott Baker - Airport Position 4th Friday of month - 10:00 am MPO Bikepath Comm Secretary/agenda packet Resident Chris McCarthy Quarterly — 2:00 pm Sharon Schalm - 226-1672 63 of 133 ELECTED OFFICIALS OVERSIGHT COMMITTEE (EOOC) _(Indian River County) Member (always Mayor): Mayo Recording Secretary: Misty Purse[ 226-1442 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B Time: Meets Annually — 2nd Week in July CITIZENS OVERSIGHT COMMITTEE (COC) (Indian River County) Member: Shannon Davis Norvig Recording Secretary: Lisa Hill 226-1919 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B -- Room B1-501 Time: Meets annually in April PUBLIC SCHOOL PLANNING STAFF WORKING GROUP (PSPSWG) & SCHOOL PLANNING TECHNICAL ADVISORY COMMITTEE (SPTAC) Staff Working Group: Current Member: Dorri Bosworth, Planner Location: County Administration Building Time: 1"week of February and 3rd week of March Recording Secretary: Lisa Hill 226-1919 Agenda: Maria Bowdren 226-1242 School Planning Technical Advisory Committee: Current Members: Dorri Bosworth Location: County Administration Building Time: as needed Recording Secretary: Lisa Hill 226-1919 Agenda: Maria Bowdren 226-1242 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE (local) Current Member: Vacant Alternate: Council Member Jim Hill Location: Chamber of Commerce Office - 700 Main St. Sebastian Time: 2nd Wednesday of Month - 8:00 am TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Council Member Linda Kinchen Alternate: Council Member Ed Dodd Location: IRC Administration Building B - Commission Chambers Time: Meets quarterly — 3`d Wednesday — 2:00 pm Secretary: Lisa Hill - 226-1919 TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Council Member McPartlan Alternate Member: Council Member Ed Dodd Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 34982 Time: 151 Wednesday of Month - 10:00 a.m. Chairman: Tom Campenni, Stuart Secretary: Stuart Representative 2 64 of 133 TREASURE COAST REGIONAL LEAGUE OF CITIES: (Municipalities from Four Counties — Sponsored by FLC) (was formerly Council of Public Officials) Current Member: Council Member Bob McPartlan Alternate Member: Council Member Jim Hill Location: (changes location — local restaurants) Time: Meets every other month — usually 3`d Wednesday Executive Director: Pat Christensen TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Current Member: City of Vero Beach Alternate: City of Sebastian Location: 421 SW Camden Avenue, Stuart, FL 34994 Time: 3rd Friday of Month - 9:30 A.M. (call ahead for any changes) Contact: Liz Gulick Phone: 772-221-4060 Suncom:269-4060 Fax: 772-221-4067 E -Mail: admin@tcrpc.org MS -IRC and REG BOARDS Updated November 6, 2017 65 of 133 an a SEBASTIAN HOME OF PELICAN ISLAND COUNCIL MEETING DATE AGENDA ITEM TITLE: CITY COUNCIL AGENDA TRANSMITTAL November 22, 2017 Indian River County Commission Meeting Monthly Monitoring Assignments BACKGROUND: Each year after the seating of a new City Council, City Council sets up a monthly Indian River County Commission monitoring schedule. This enables a member of Council to monitor the agendas and meetings for items affecting the City and report back to Council. Attachments: City Clerk Authorization: 41 Date: h- 17-(-7 Attached are the remaining 2017 dates and 2098 dates for the Commission Schedule of meeting dates 66 of 133 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2018 MEETING DATES December 5, 2017 December 12, 2017 December 19, 2017 January 9, 2018 January 16, 2018 January 23, 2018 February 6, 2018 February 13, 2018 February 20, 2018 March 6, 2018 March 13, 2018 March 20, 2018 April 3, 2018 April I0, 2018 April 17, 2018 May 1, 2018 May 8, 2018 May 15, 2018 May 22, 2018 June 5, 2018 June 12, 2018 9:00 A.M. June 19, 2018 July 3, 2018 July 10, 2018 July 17, 2018 August 14, 2018 September 11, 2018 September 18, 2018 October 2, 2018 October 9. 2018 October 16, 2018 October 23, 2018 November 6, 2018 November 13, 2018 November 20, 2018 December 4, 2018 December 11, 2018 December 18, 2018 2018 BCC Meeting Dates -Approved 10-10-17 67 of 133 an �Y SET'" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: AGENDA ITEM TITLE: RECOMMENDATION: 22 November 2017 City Attorney Search Direct Staff BACKGROUND: At the 13 September 2017 Council meeting, the City Manager was directed to publish a Council approved announcement for recruitment of a City Attorney. That announcement was published with the Florida Municit)al Attorneys' Association and in two (2) editions of the Florida Bar News. The announcement set 31 October 2017 as the deadline for application/resume submittal. Twenty-three (23) applications were received by the Human Resource Manager at the time of closing of the announcement. On 1 November 2017, Staff delivered individual files of the twenty-three (23) applications/resumes to Councilmembers. A separate file of the twenty-three (23) applications/resumes is available in the City Clerk's office for public scrutiny. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: N/A /�� �-J/� Administrative Services Department/CFO Review: t 1 J ATTACHMENTS: City Manager Authorization: Date: 13 November 2017 1. Council Minutes — 13 September 2017 2. Applicant List 68 of 133 Regular City Council & CRA Meeting September 13, 2017 Page Eight 17.136 17.136 17.031 12. UNFINISHED BUSINESS A. Consider Interim Citv Attornev Aqreement with Cvnthia V. Hall, VanDeVoorde Hall Law. PL (Transmittal. Aqreement) The City Manager recommended approval of the agreement with Ms. Hall. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the Interim City Attorney agreement with Cynthia V. Hall. ROLL CALL: Mr. Hill — Aye Ms. Kinchen —Aye Mayor McPartlan -- Aye Vice Mayor Coy — Aye Mr. Dodd —Aye Motion carried 5-0. B. Authorize Citv Attornev Recruitment Announcement (Transmittal, Announcement) The City Manager recommended approval of the recruitment announcement. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the City Attorney Recruitment Announcement. The City Manager said the announcement would be sent to various organizations such as the Florida Municipal Attorney Association, the Florida Bar News; and once applications are received, they would be forwarded to Council for review. Mr. Dodd suggested each Council Member pick their top five candidates and then combine those for consideration as a whole. The City Manager stated he would receive applications until October 31. ROLL CALL: Motion carried 5-0. Ms. Kinchen — Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd —Aye Mr. Hill — Aye C. Approve Mutual Rescission and Release of Sebastian Municipal's Golf Course Restaurant Concession Lease with DTF. Inc. (Transmittal. Aqreement) The City Manager said DTF, Inc. has notified him that they would like to vacate the restaurant at the earliest possible time and he recommended approval of the mutual rescission and release. MOTION by Mr. Dodd and SECOND by Mr. Hill to approve the mutual rescission and lease. ROLL CALL: Motion carried 5-0. Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen —Aye 8 69 of 133 TO: FROM: RE: DATE: Ln �N SEPTI HOME OF PELICAN ISLAND HUMAN RESOURCES DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 w FAX (772) 388-8248 www.cityofsebastian.org MEMORANDUM Joe Griffin; City Council Cynthia Watson, Asst. Administrative Services Director./HR Manager City Attorney Position - Applicants November 1, 2017 There are twenty-three responses to the City Attorney position. They are as follows: 2. 3. 4. C.l 8. 9. 1 a. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Mark A. Fowler, Fowler. O'Quinn, Feeney, Sneed's Brett Miller, DeBeaubien, Simmons, Knight, Mantzaris & Neal, LLP Cynthia V. Hall, VandeVoorde Hall Law, P.L. Clifford R. Repperger, Jr., GrayRobinson, Attorneys at Law Glen Torcivia, Torcivia, Donlon,Goddeau, Ansay, P.A. Kelley Armitage Keith W. Davis, Davis & Ashton, P.A. Philip Sherwin Gretchen R. H. "Becky" Vase, Vose Law Firm, LLP John Cook Sherry Sutphen Lynn Solomon Wendy Fisher Joseph E. Miniclier, Stromire, Bistline & Miniclier Gary M. Brandenburg, Brandenburg & Associates, F.A. Gayle A. Owens, Gayle A. Owens Law, P.A. Abigail Forrester Jorandby, Law Office of Abigail Jorandby, PLLC Kimberly Kopp Alison M. Yurko, P.A. John Anastasio James D. Stokes Lisa Bosch Azlina Goldstein Siegel, Nason Yeager 70 of 133 LV or SEB- ?AV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 22 November 2017 Ao-enda Jtein Title; Residential Short -Term Rentals Recommendation: Discussion Only - Advise Staff Background: At the 13 July 2016 Council meeting, the issue of `residential' short-term rentals (STR) was discussed. Staff was instructed to monitor the STR issue and `bring forward' citizen complaints and/or Board concerns. Recently, the Planning and Zoning Commission (P&Z) expressed concerns that STRs are becoming more prevalent within the City of Sebastian. At the 21 September 2017 P&Z Commission meeting, P&Z members requested a Staff review on the subject. Since Council has made a previous request to Staff for STR updates, the Community Development Director will submit a brief on her findings related to the issue. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO Review: A J Attachments: City Manager Authorization Date: 13 November 2017 Short -Term Vacation Rental Brief e i V 71 of 133 SHORT-TERM VACATION RENTAL BRIEF COMMUNITY DEVELOPMENT DEPARTMENT, NOVEMBER 2417 Background Part I of Chapter 509, Florida Statutes, contains laws affecting public lodging and public food service establishments. In 1993, the Legislature amended section 509.032, Florida Statutes, adding paragraph (7) to preempt all regulation of public lodging and public food service establishments to the state. In 2011, the Florida Legislature prohibited cities from regulating short-term vacation rentals. A short- term vacation rental (transient public lodging establishment) is defined as a property that is rented more than three times a year for less than 30 days at a time. Section 509.013(4)(a)1., Florida Statutes, defines "transient public lodging establishment" as "any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests." Furthermore; Section 509.242(1)(c), Florida Statutes, defines "vacation rental" as "any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four -family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project." It appears from these definitions that any unit, group of units, or house as enumerated in section 509.242(1)(c), Florida Statutes, is eligible to be used as a transient public lodging establishment and, hence, a vacation rental. There are no statutory provisions that impose restrictions against owners from offering eligible housing as vacation rentals. The legislation passed in 2011 included a provision that grandfathered any ordinance regulating short- term rentals prior to June 1, 2011. Since that time, a number of cities, both grandfathered cities and those that did not have an ordinance in place, have experienced problems with these properties. The effect of the 2011 law is that two separate classes of cities were created respective to short-term rentals, those with Home Rule authority and those without, including the City of Sebastian. In 2014, the Legislature amended paragraph (7)(b), 'A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.' The law allows local governments to adopt ordinances specific to these rentals so that they can address some of the noise, parking, trash and life -safety issues created by their proliferation in residential neighborhoods. Unfortunately, it left in place existing statutory language stating that cities cannot prohibit short-term rentals, or regulate the duration or frequency of the rental. An ordinance requiring certain distances between vacation rentals or limiting their numbers in areas within the city could result in a prohibition against using eligible units as vacation rentals when other existing units have already satisfied the spacing or percentage formulae. With the rise of popular rental websites like Vacation Rental by Owner (VRBO) and Airbnb making it easier to advertise and rent these properties, the number of properties used as short-term rentals in 72 of 133 Florida has exponentially increased in the last four years. Cities without short-term rental regulations in place prior to June 1, 2011, have had their zoning authority stripped and are now seeing these rentals overtaking residential neighborhoods. The impacts of problematic short-term rentals on neighboring residents are felt in a number of ways including: • Commercial activity in residential neighborhoods; • Infrastructure capacity issues including: parking, traffic, septic/sewer; • Increase in Law/Code Enforcement: Noise, operating hours, destruction of property; • Decrease in property values; • Out of area owners/investors; • Fair Tax/Revenue issues. Vacation Rental Legislation failed in the 2017 session, which would have reduced the Home Rule legislation, and no new bilis have been presented thus far. City of Sebastian Planning and Zoning Commission requested a staff review of this issue at the September 21, 2017 meeting. Summary • A short-term vacation rental is defined as a property that is rented more than three times a year for less than 30 days at a time. • Short-term rentals are causing problems in many cities around the state by creating commercial activity in residential areas (mini -hotels in neighborhoods). Problems include noise, inadequate parking, infrastructure intended for residential use is now being used on a commercial scale, and decreased property values in neighborhoods taken over by vacation rentals. • Cities were preempted from regulating vacation rentals in 2011. This legislation included a provision that "grandfathered" any ordinance regulating vacation rentals prior to June 1, 2011 which does not include the City of Sebastian. • The language was amended in 2014 to allow cities to regulate short-term rentals through life safety and building codes, as well as other codes specific to vacation rentals. • Cities are still prohibited from regulating the duration and frequency of these rentals, as well as regulating these properties through zoning (location). • Life safety and building codes may include: o Parking or Storage of Vehicles; Proof of Registration; Prohibition of Commercial Events at residence; Noise and Vibration; Vacation rental local license and regulations; Fire Safety Occupancy limit; Local Management/Owner Contact. • Potential Impact to Budget: Increased Law/Code Enforcement; Increased Building Inspection; Increased Administration Costs associated with Registration/License. 73 of 133 SE "ryY N MF OF PF�/CgN IS(gND COUNCIL CITY Co BEETINC �%AT jL 4Gzp, E, Tp"'� AGENDA IT 22 Novemb "NS�TTA Elt? TITLE• er 241 � L fteo SEND Storinwater p I� ollcy AT N 90 CKGRpU Approve poli water ND, cY ]Ong be system dr,Vewa en issue) the attache In an StaffbelyPipes/culy that properd brivewa effort to i Propert• ieves itis erts$ the bl st°rckamw, P. & Sw prove the effort to adeff es d here stormoyyatele to repair °fswal aonage 1 m epair polis - Cy Of the the cOnti r con op ,replace ow -lin Paned b.Y the s propose City IFAGEN nual proble ofstoyan im �d Fade' When nem Pergraure d undhas pact Pro of Esti DA ITE ce de r Budg fated Cost per M UI Fater rnntenance ed Polisthase residential* ales Fund to a utilnt Fy �� 8: 1 SpR ��ExPENDlZ, proposed in �2ed�ve Sto $]Sa,aOp U� OFF `4dministrati rn�water Fwd UNpS: Services D AT T AC�Ih'I ep nMen,/CFC Review. -� 1. Drive 2 LDC 54az Pipe Sw ale Repair Policy 74 Of 133 Document ID Revision Effective Date 22 November 2017 Signature : �m iX SEPTI HOME OF PELICAN ISLAND Title Driveway Pipe & Swale Repair Prepared By J. Griffin Reviewed By Tim Walker; PW Director Approved By J. Griffin; City Manager Print Date 13 November 2017 Date Prepares! 13 November 2017 Date Reviewed 15 November 2017 Date Approved 15 November 2017 Overview: The efficient flow of stormwater through residential neighborhoods within the City of Sebastian is of primary importance to adherence to the requirements of the City's Master Stormwater Management Plan. A major issue is the proper maintenance of swales and `under driveway' pipes at individual residential units/properties. City Land Development Code Section 54-3-10.5 (e) (6) provides that property owners are responsible for the maintenance of 'flow lines' in swales and driveway pipes to ensure proper flow of stormwater runoff. The proper flow of stormwater is essential to protect the integrity of the City's road system. Stormwater backups caused by driveway pipe blockages, swale flow line interruptions, or swale grading issues all negatively contribute to road failures. In an effort to assist property owners to correct driveway pipe failures, swale flow -line problems, and swale grade issues it is reasonable that the City establish a policy to correct failures as part of Stormwater Management. Scope: This policy shall apply to all residential properties within the City of Sebastian. Policy: Operating within the budget priorities of the City's Stormwater Fund, as determined by the City Manager, it shall be the policy of the City to correct residential driveway pipe failures, remove swale flow -line obstacles, and when necessary, re -grade swales from the flow -line to edge of pavement. The work shall be: 1. In City block sections where efficient stormwater flow is seriously impaired. 2. In City block sections where repaving of streets shall follow stormwater corrections. 3. In cooperation with property owners who will retain ownership of, and responsibility for, City installed improvements, including future maintenance of said improvements. 4. Performed with property owners' agreement that the City will not replace any portion of paved, textured, or painted designed driveways. 5. Completed on a one-time basis only. If it becomes necessary to abate blocked stormwater, previously corrected by the City, the property owner will be charged the cost of the correction as determined by the City Manager. Joe Griffin City Manager 75 of 133 Sebastian, FL Land Development Code Page 1 of 4 Sec. 54-3-10.5. - Construction of driveways and roadside swales. (a) Cityapproval required. The construction of all drainage facilities for new or existing driveways or other elements of the circulation system potentially impacting traffic and drainage on any city maintained public road shall be approved by the city engineer prior to commencement of construction or excavation activity. The application shall be accompanied by a nonrefundable fee. A permit must be obtained from the city engineer after paying the established fee in order to change, modify, construct, reconstruct, or repair any drainpipe under a driveway, or any other structure or landfill accessory to any driveway, if any such structure or landfill might adversely affect drainage of any drainage Swale. This fee shall not be required for any driveway in existence on the effective date of this section. No drainage in conjunction with a driveway other than the properly sized pipe will be permitted. (b) General design criteria. (1) Primary driveways are required to be surfaced with asphalt topping or concrete, and culverts shall be designed to meet accepted engineering standards. The city engineer shall apply best management principles and practices in implementing the provisions of this section. The city engineering department can approve alternative surfacing materials after thorough review of the product specifications determines that the proposed material satisfies the intent of this ordinance. If removed in conjunction with any approved city right-of-way work, replacement of alternative materials will be the responsibility of the owner; (2) New driveways and/or improvements to existing driveways and other elements of the circulation system shall provide adequate drainage, swales, ditches or similar stormwater channels; and (3) Any swale, drainage ditch or other drainageway shall be sloped and contoured to properly direct the surface water to the drainage ditches or swales. Swales in the front of the lot shall also be shaped to discourage ponding of water therein. Where any culvert pipe is laid under a driveway or similar installation, the final grade of the fill with sod overlay shall be at least two inches below the invert of the ends of the pipe so that the sod does not obstruct the flow of water from the pipe. (c) Single-familyand duplex lots. Notwithstanding anything in this section to the contrary, single-family and duplex lots that are less than 20,000 square feet in area shall not exceed the following criteria for driveway widths within a city, county or state right-of-way: 76 of 133 about:blan-k 10/18/2017 Sebastian, PL Land Development Code Page 2 of 4 (1) Single drive. The pavement width shall be a minimum of ten feet wide and not exceed 24 feet with a ten -foot radius. (2) Circular or dual drives. in lieu of a single drive, a circular or dual driveway may be permitted, provided that the maximum width shall not exceed 16 feet. In addition, there shall be a minimum separation of 30 feet between the driveways. (3) Notwithstanding anything in this section to the contrary, single-family and duplex lots that are at least 20,000 square feet in area shall be permitted an additional driveway, not to exceed 16 feet in width with a minimum separation of 30 feet from any other existing driveway(s) on the same lot. (4) One auxiliary driveway may be permitted per lot and shall be a minimum of eight feet and maximum of 16 feet in width and maintain a minimum 30 feet separation from other drives and shall not be located in any side yard easement. (d) Commercial sites. The following criteria shall apply to all multifamily and commercial sites: (1) All uses which are required to provide off-street parking spaces shall have entry and exit ways and drives at least 22 feet in width to accommodate two-way traffic, unless a one-way traffic system is utilized, in which case entry and exit ways and drives shall be at least 12 feet in width. In the event that a one-way traffic system is utilized, appropriate traffic direction markers shall be installed. (2) There shall be no more than two driveways for each 200 feet of street frontage on any lot and the maximum combined width of driveways shall not exceed 60 feet. (3) Vehicular circulation must be completely contained within the property and vehicles located within one portion of the site must have access to all other portions of the site without using the adjacent street system except for lots abutting a public alley. (4) site plans shall demonstrate that proper consideration has been given to the surrounding streets, traffic volumes, proposed street improvements, vehicular street capacities, pedestrian movements, and safety. (e) Minimum standards for construction of driveways. Minimum standards for the construction, alteration or repair of driveways shall be as follows: (1) No driveways shall be placed within 30 feet of an intersection, such 30 feet being measured from the right-of-way lines of the intersection, unless plans for the construction, alteration, or repair of such driveways are approved by the city engineer. (2) Driveways on state roads: a. 77 of 133 about:blank 10/1$12017 Sebastian, FL Land Development Code Page 3 of 4 No driveways shall be constructed on a state road unless the applicant shall have first obtained a permit from the State Department of Transportation and submitted such permit to the city engineer. b. The minimum standards shall be the minimum standards established by the State Department of Transportation. (3) Driveways on non -state roads where curb and gutter are in existence: a. Applicant shall maintain existing drainage and gutter. b. Applicant shall meet sidewalk grade if existing. C. Applicant shall rebuild curbing, of like construction of existing curb, as per city standard design. (4) Driveways on non -state roads where curb and gutter are not in existence. a. Applicant shall maintain drainage in swale ditch. Side slopes shall not exceed three to one. b. Applicant shall furnish a culvert pipe for drainage as specified by the city engineer. Applicant shall provide a mitered end on both sides of the pipe as per city standard design. The pipe shall be installed under the driveway at the proper elevation and set back as established by the approved drainage plans, this Code, and/or established by the city engineer. C. Minimum radius on all commercial driveways shall be 25 feet. (5) Commercial driveways shall be constructed with concrete or asphalt and shall satisfy all applicable regulations as established in article XIX, Subdivisions. (6) Driveways shall not block or unreasonably obstruct the natural flow of water or drainage of water by any means, including construction, excavation, or fill of land. Any structure, driveway, pipe, excavation, or fill of land in violation of this section shall be brought into compliance with this section at the owner's expense. Owners shall keep drainpipes and swales clear and mowed. (7) All residential driveway construction shall be on 95% compacted fill, four inches thick, 3,000 psi concrete. The concrete shall be reinforced with 6 x 6 #10 gauge wire or fiber mesh concrete. (f) Drains under driveways for swale ditches. (1) All driveways over a swale ditch shall be provided with a swale drainage pipe. The pipe size depends on the location within the drainage basin and shall be determined by city engineer. The pipe shall be constructed of corrugated aluminum, high-density 78 of 133 about:blank 10/18/2017 Sebastian, FL Land Development Code polyethylene or reinforced concrete pipe. The culvert pipe length is determined by the city engineer and is based upon sufficient length to provide a three to one sloped mitered end headwall on each end of the pipe. (g) Inspections. The following inspections are required by the engineering department. (1) Line and grade. (2) Pipe inspection (pre -pour) and driveway. (3) Final inspection. (4) Location of driveways shall satisfy all established design standards. Page 4 of 4 (5) Reclamation: It shall be the responsibility of the permit holder to make proper repairs of all negligent damage to road pavement, swales, or adjacent properties prior to issuance of final approvals. Repairs shall be made in accordance with standard details in the engineering department. No final inspection or bond release will be approved until all re -inspection fees have been paid. No permanent power hookups or certificate of occupancy shall be issued by the building department until the appropriate release is obtained from the engineering department. (h) Maintenance notan obligation of city. The issuance of a permit under this article does not constitute any obligation on the city to maintain driveways. Additionally, the city will not be responsible for maintenance of alternative surfacing or architectural materials/features of driveways. (i) Bonds. When a certificate of occupancy is desired prior to completion of work, a cash bond may be required by the engineering department to cover any uncompleted work in right-of- way or easement. The bond shall allow six months for completion at which time the engineering department will inspect and release bond if work was performed satisfactorily. If the builder fails to complete work within the prescribed period, the bond will be used to cover the cost to complete the work. about:blank 79 of 133 10/18/2017 R if SE., TSV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE AGENDA ITEM TITLE: 22 November 2017 Driveway Pipe Replacement Award RECOMMENDATION: Award Florida Site Contracting {FSC} the Construction Services Agreement for Driveway Pipe Replacement. Authorize the City Manager to execute appropriate documents. BACKGROUND: At the 22 November 2017 Council meeting, the City Manager presented a proposal for a change in policy regarding residential under -driveway pipe/culvert replacement. Anticipating that Council would approve that policy, Staff published a public bid for `on-going' Driveway Pipe Replacements. That bid was opened on 25 September 2017. FSC was the low bid at $191.40 per linear foot. Staff is recommending Council award FSC the subject Construction Services Agreement. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Estimated Cost per Year: $150,000 Budget Amount FYI 7/18: $150,000 Fund to be utilized: Stormwater Fund Administrative Services Department/CFO Review:' ATTACHMENTS: 1. Bid 17-20 bid tabulation 2. Construction Services Agreement City Manager Authorization: Date: 14 November 2017 80 of 133 CITY OF SEBASTIAN BID TABULATION Bid 17-20 Driveway Pipe Replacements Bid Open. 9125/2017 @ 2.00 p -m - CONTRACTOR Cruz Construction, Memtt Island, FL 1 Santa Cru Site Contracting, Vero Beach, FL 2 Florida 3 Maxwell Contracting, Cocoa, FL a Johnson -Davis, Inc., Lantana, FL 5 6 7 8 9 10 00 I 0 W $191.40 $521.00 $992.00 CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of , 2017, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City') and EloridaSite Contracting("Contractor.") authorized to do business in the State of Florida. WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing construction services necessary to complete the Project hereunder; and, WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and, WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: ARTICLE I - The Contractual Relationship 1.0 EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement to Construct Driveway Pipe Replacements. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract, without the express written consent of the City. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Bid Specifications and Scope of Work, Work Orders, Change Orders, Addenda, if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 INTENT The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 82 of 133 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete, unless terminated, in accordance with the terms hereunder. 3.0 DEFINITION OF TERMS 3.1 GENERAL Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado, or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM (re: bid documents) A modification of the specifications or other contract documents issued by the Owner and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. 3.4 AGREEMENT A written agreement is between the Contractor and the City of Sebastian defining in detail the work to be performed. The words Agreement and Contract are one and the same. 3.5 A.S.T.M. DESIGNATION Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to 83 of 133 mean the current, up-to-date standard specification or tentative specification for that particular process, material or test as currently published by that group. 3.6 BID The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE Bidder is required to submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida. 3.8 BIDDER An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. kJ&_ '._/.li;L6001130:3S A written order issued to the Contractor by the City covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, and/or to cover adjustments in the Contract Price or Contract Time. 3.10 CONTRACT ADDENDUM A special written provision modifying or clarifying the terms and conditions of the Contract known as Addendum shall be considered as part of the contract documents. 3.11 CONTRACTOR The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or its surety under any contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein. 3.12 DIRECTED. ORDERED. APPROVED & ETC. Wherever in the Agreement Document the words "directed", 'ordered", "approved", "permitted", "acceptable", or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of the Owner is intended unless otherwise stated. 3.13 ENGINEER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as the Engineer -of -Record. The City may designate a staff member as Engineer. 3.14 GENERAL CONDITIONS The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements relative to labor, material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3.15 INSPECTOR 84 of 133 A duly authorized representative of the City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 LABORATORY A licensed and qualified independent laboratory designated by, or acceptable by, the City to perform the necessary testing of materials for the construction, if required. All testing will be the responsibility of the contractor to hire a licensed testing firm to conduct any testing which is included in the price of various bid items. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor is not required to submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment. 3.19 PLANS (No Desien Plans onlv As -Built Plans) The Contractor will be required to create engineering design plans, including reproduction thereof, showing the location, character, dimensions and details of the work to be done to be approved by the City Building Department. The as -built plans can be used as a template to prepare construction plans acceptable by the City Building Department. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 3.21 SPECIAL CONDITIONS Special clauses or provisions, supplemental to the Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. 3.22 SPECIFICATIONS The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, partnership, or corporation, supplying labor, equipment, or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the plans and specifications for the particular project. 3.24 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.25 SURETY 85 of 133 Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 (The) WORK. or (The) PROJECT The public improvement contemplated in the Specifications, and all actions necessary to construct the same. 3.27 WORK ORDER Work orders are work instructions including specifications and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time / Schedule. 3.28 PERMITS The work will require the contractor to obtain the necessary permits from the City's Building Department for the demolition and remodel construction of the existing restrooms. This may include any additional survey, MEP and structural information and all permitting fees will be the responsibility of the contractor to pay these application fees. It will be the contractor's responsibility to determine if any MEP plans will be need to the remodel and preparation of any MEP design plans for approval by the City Building Department. Any cost associated with the preparation, design plan and permitting will be the responsibility of the contractor. ARTICLE II - Performance 4.0 SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF THE SPECIFICATIONS The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement and Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict between documents, the Specifications shall prevail and govern. 4.3 DISCREPANCIES Any discrepancies found between the Specifications and site conditions, or any errors or omissions in the Specifications, shall be immediately reported to the Engineer and City. The City's Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in the Specifications may be made by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by the City's Engineer. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the 86 of 133 amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. All work indicated in the Specifications and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are mentioned in the Specifications, shall be furnished and executed the same as if they were called for in the Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the technical provisions of the Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 PLANS (Bv Contractor) AND SPECIFICATIONS AT JOB SITE One (1) complete set of the Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as -built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions and project limits will be field measured in advance of the bid submittal to verify any inconsistent dimensions or information from the contractor design plans. Where the work of the Contractor is affected by finished dimensions shown on the plans, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 SAMPLING AND TESTING Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. All sampling and testing shall be the contractor responsibility and the price for the sampling and testing are included in various bid items. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor. 4.7 SHOP DRAWINGS (Reauired) The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall be called to the attention of the City at the time of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. 87 of 133 (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit six (6) copies to the City. (d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4.8 OUALITY OF EOUIPMENT AND MATERIALS In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below. The Contractor shall abide by the City's judgment when proposed substitution of materials or items or equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City in writing. 4.9 EOUIPMENT APPROVAL DATA The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and submitted to the City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from the Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 SUBSTITUTION OF EOUIPMENT AND/OR MATERIAL After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified will be considered if. (a) The equipment and/or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; (b) Unless determined to be of superior quality, the equipment and/or material proposed for 88 of 133 substitution is less expensive than that specified and that such savings to the City, as proposed by the Contractor, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly; and (c) The equipment and/or material proposed for substitution is readily available and its delivery and use, if approved as a substitution, will not delay the scheduled start and completion of the specified work for which it is intended or the scheduled completion of the entire work to be completed under the contract. No request will be considered unless submitted in writing to the City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment and/or material proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one designated in the Specifications by specific manufacturer's name and type, in which case one-third of the savings shall accrue to the benefit of the Contractor. In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor and the proof will be submitted to the City. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. 5.0 MATERIALS AND WORKMANSHIP 5.1 MATERIALS FURNISHED BY THE CONTRACTOR All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of equal or superior quality and performance which is acceptable to the Engineer and City and is currently available, at no increase in Contract price. 5.2 STORAGE OF MATERIALS Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not be utilized for storage purposes without special prior arrangement. 5.3 REJECTED WORK AND MATERIAL Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials; equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials 89 of 133 within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.4 MANUFACTURER'S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 CUTTING AND PATCHING The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. Contractor shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under Engineer's surveillance, or the City's designee. 5.6 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.7 CITY'S OWNERSHIP OF MATERIALS Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. 5.8 GUARANTEE The Contractor shall warrant all its material and equipment furnished and work performed for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of breach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL. EQUIPMENT AND RECORD REOUIREMENTS 90 of 133 Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor the responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as shown on the Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. The cost for surveying and staking shall be included in the various bid items and no additional compensation. 6.4 LAYOUT OF WORK Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all contract items. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the records for the Project. 6.5 SPECIFIC STAKING REOUIREMENTS Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grade per Specifications. For construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades. Any staking and surveying required to set the building or prepare the site will be the responsibility of the contractor with no additional compensation. 6.6 PAYMENT The cost of performing layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 COORDINATION WITH CITY The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All surveying activities will be coordinated with the City's surveyor as needed for proper completion of all work on the site. 6.8 LOCATION OF EXISTING UTILITIES AND PIPING All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of any damage caused to 91 of 133 utilities by Contractor forces during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract Agreement and any Addenda or Change Orders thereto. The contract time is ongoing for a period of one year with the option of two (1) one year extensions. 7.4 SCHEDULE OF COMPLETION The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly and expeditious progress of work. 92 of 133 The City shall hold a pre -construction conference at Sebastian City Hall at a time/date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 PROPERTY OF OTHERS A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer, or designee, in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re -install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City, which interfere with the construction of the Project and place them on the property owner's front lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where extensive intrusions upon private property are required for construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. 7.8 CROSSING PUBLIC FACILITIES When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph 8.3. 7.9 CHANGES IN THE WORK The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the 93 of 133 Contractor as required. 7.10 EXTENSION OF CONTRACT TIME No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.11 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 7.12 LIOUIDATED DAMAGES In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of three hundred dollars ($300) per day beyond the agreed completion date. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY The Contractor shall submit, for the City's approval, a project safety and security plan which describe the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers- by. The plan shall describe measures and precautions to be taken during working hours and non -working hours. 94 of 133 A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire -fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project that may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan that will adequately protect all property and the general public. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. 8.2 TRAFFIC CONTROL All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. 8.3 ROAD CLOSURE AND DETOURS Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre -approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 PROVISION OF ACCESS Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to 95 of 133 dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be compiled with. Advance warning signs are required on all streets where work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their traffic control plan by the City. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 PLACEMENT OF HEAVY EOUIPMENT The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.9 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be 96 of 133 constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 NOISE CONTROL The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.12 DUST CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.14 POLLUTION. SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District and the applicable City's NPDES program for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. ARTICLE III - Supervision and Administration 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the Engineer -of -Record and the City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Specifications and all technical questions as to the 97 of 133 acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 ENGINEER'S DECISION All claims of a technical nature of the City or Contractor shall be presented to the Engineer -of -Record for resolution. 9.3 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 FIELD TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and any testing, if needed. Further inspection requirements may be designated in the Technical Specifications on the pavement. The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 98 of 133 9.7 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever Contractor shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment for same. 9.10 RIGHTS OF VARIOUS INTERESTS Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and to report to the City any irregularities that will not permit completion of work in a satisfactory manner. Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 SUBCONTRACTS AND PURCHASE ORDERS Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a 99 of 133 contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall fumish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. 9.14 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.15 NIGHT. SATURDAY AND/OR SUNDAY WORK No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval from City. This clause shall not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, 100 of 133 including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REOUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection". Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump -sum contract. 10.3 CITY'S ACTION ON A REOUEST FOR PAYMENT Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. (b) Approve and pay such other amount of the request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the reasons for withholding payment. 10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REOUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, 101 of 133 Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring correction or replacement. (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The City has had to correct a defect in the Work, or there are other items entitling theCity to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds there from after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Change Orders If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. B. Claims Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra 102 of 133 compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 10.8 CANCELED ITEMS OF WORK The City shall have the right to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by Contractor pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum merit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 103 of 133 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects such person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on 104 of 133 behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with its instructions. 11.4 INTEREST OF CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor will further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with its duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTITY CRIMES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 DRUG-FREE WORKPLACE The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC § 1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 11.8 INSURANCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. 105 of 133 (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub -contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until Contractor has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect Contractor and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by Contractor or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 11.9 BOND The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 PERMITS All City, St. Johns River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the Contractor. Contractor shall secure a building permit if required by the City's Building Official. 11.11 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor shall keep fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by Contractor or its employees. 106 of 133 All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 11.11.1 GENERAL INDEMNIFICATION For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or email (confirmed) or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. 12.4 TIME IS OF VITAL IMPORTANCE It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 RIGHT TO WORK PRODUCT No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except 107 of 133 the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. 12.7 PUBLIC RECORDS FORM Contract Name: Project Description: In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall require the contractor to: a) Comply with the public records law of the State of Florida, as the same maybe amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. f) IF CONTRACTOR HAS A QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO.PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-8215 / E-MAIL JWILLIAMS@CITYOFSEBASTIAN.ORG CITY OF SEBASTIAN, 1225 MAIN STREET SEBASTIAN, FLORIDA. AUTHORIZED SIGNATURE: PRINT COMPANY/FIRM: TITLE: DATE: 108 of 133 P IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Jeanette Williams, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only City Attorney Signed, ealed and delivered in the, ce of: =� NAME: ,%_ //>> .<, n NAME: r THE CITY OF SEBASTIAN Joseph Griffin City Manager CONTRACTOR NAME: 1 Title: .4-47 109 of 133 Bid 17-20 Driveway Pipe Replacements Bid Due: No Later Than 2:00 P.M. on Sentember 18.2017 Bid Oaening: Beginning at 2:00 P.M. on September 18. 2017 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. The City shall be entitled to liquidated damages in the amount of three hundred Dollars ($300.00) per day for every day that the Contractor is late in completing the task work order as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. The contract period is for one vear. The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. See attached separate bid form Name of Firm (Please Type or Print): Firm's Address: 7;a--77k-5/9G s�.a�zb�tor;da,5;con{"ro���/�j.��n1 Telephone Number(s): Fax Number(s): Email Address (es): Name and Title of Authorized Repri(senmtive (Please Type or Print) 152 Signature ofAuthell-2 Repr t Date Signed A-9 110 of 133 17-20 Bid Form Driveway Pipe Replacements Item of works Ouantity Unit Unit Prig 1. Excavation or Backfilling $/LF $/LF 2. Sawcutting Driveway $/L.F $/LF 3. 10" HDPE Pipe $/LF $!LF 4. 12" HDPE Pipe $/LF $/LF 5. 18" HDPE Pipe $/LF $/LF 6. 6" Concrete Driveway (5 8. wide) $/SF OF 7. 4" Concrete Driveway (5 & wide) $/SF OF 04 S. Concrete Mitered Ends 2 EA .50,— 50,—Total Totalof LS & EA Prices 111 of 133 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Por,'�.a S, 'f �e C o►1 L�i n� does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph I through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: '9116 S�ignatu�J/� A-11 112 of 133 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CREMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR .AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR MOTE OR BID DOCUMENTS. NON- INCLUSION OF TATS DOCTJMENT MAY NECESSITATE REJECTION OF YOUR .QUOTE OR BID. A -1T 113 of 133 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADM MISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. 17— 0 for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entiVubrm g sw/o-rnntatement) whose business address is 20- A, lid (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is �/L�tr�s /�� % % (please print name of individual signing) and my relationship / to the entity named above is s-kp- -L+ 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a j oint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal A-13 114 of 133 power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) XNeither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer ofthe State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Ple a describe any action taken by or pending with the Department of G S ) (Signatdre) Date: /,Q %1 4 f 1 —2 STATE OF FLORIDA COUNTY OF-,-r�J,.-., 9;ve.,- da Ste' b`� The foregoing instrument was acknowledged before me this y of 2017 by JIXa I e__. X--� rrl I i>d*� t (title) on behalf of F/,/ -;Jo. 5 ,1, c,-4/0 (t4me of partnership), a partnership. He/she is personally known to me or has produced as identification and did () did not () t an oath. DEBORAH A CROCKETT ;i /, „ ir e MY COMMISSION N GG002697 EXPIRES June 19, 2020 (N1) 3104153 A0rA6N0hry8MWC0.CDM Name: Dehor--k Croc.Ke�t My Commission Expires: G✓I 9fat O Commission Number: GG o o Z 6 g7 A-14 115 of 133 BIDDER OUALIFICATION OUESTIONNAIRE (This form is not required to be included in the bid proposal submittal. However, prior to any Contract Award, such Bidder Qualification Questionnaire must be completed and submitted by the Bidder, and reviewed and approved by the City.) Submitted by�vr� �A ,�i?"p _ �1'1a-L/�P Name of Bidder General Contractor's License# Q-" C- � () An Individual ( ) A Partnership A Corporation Federal Identification # Principal Office�d�lress:� (1) How many years has your organization been in business as a contractor under your present name? 1c;2- (2) How many years experience in road and utility construction work has your organization had as a contractor? 10 As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the Iast five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/Tel Title AmountComnletion Date Comioletioon Date of Owner d rad"6e, `i 35 9 6/► / -7 �70r: � �� ((; h .9--4 w l l' -E 4 (4) Have you ever failed to complete any work awarded to you? If so, where and why? VV !./ A-15 116 of 133 (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. NQ (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. /VO (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract own 4"P %ar\4 too V I_r! , �, C,5.t5f 40 a/) A,ro.,r.� 10 erTnlov��5 or,Q'��, (8) What is your bonding capacity? �% Oa 000 (9) What amount of your bonding capacity has been used as of the date of this bid? acx�, 0 (10) How many applications for performance and payment bonds have you made in the last three (3) years? I5 (1 i) How many of these applications were not approved? A-16 117 of 133 (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) A10- (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and states the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) /�/C I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of non -responsibility with respect to such contractor. �—� (§IGNATURE OF BIDDER) (TYPE OR PRINT COMP NAME) (TYPE OR PRINT ADDRESS) A-17 118 of 133 September 5, 2017 ADDENDUM NO.1 Driveway Pipe Replacements City of Sebastian 1225 Main Street Sebastian, FL 32958 (772)388-8228 fax: (772) 388-8248 1. The City is responsible for concrete driveway replacement only. The city will not replace pavers, textured driveways or painted design driveways. 2. Revised Bid Form Attached. I Bid Due Date has been rescheduled to Monday, September 25, 2017 @ 2:00 p.m. PIease sign and return this Addendum No. I with the bid package due on or before Monday, September 25, 2017 @ 2:00 p.m. Signature Date 119 of 133 STATE OF FLORIDA) COUNTY OF INDIAN RIVER) CITY OF SEBASTIAN) BID BOND KNOWN ALL MEN BY THESE PRESENTS, that Florida Site Contracting As Principal, and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto the City of Sebastian, in the penal sum of Five Percent of Amount Bid (Dollars) $ 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid datedember for: Bid 17-20 - Driveway Pipe Replacements NOW THEREFORE, (a) The Principal shall not withdraw said bid within ninety (90) days after date of opening the same and shall within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the proposal as accepted, and give bond with good and sufficient surety of sureties, as required, for the faithful performance and proper fulfillment of such contract; and, (b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for which the city may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several seals, this 26th day of September , 2017, The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative. Pursuant to authority of its governing body. WITNESS: If Sole Ownership or Partner ship, one PRINCIPAL: (1) Witness is required. If Corporation, Secretary only will attest & affix seal.) Florida Site Contracting Name of Firm Affix Se (Signature o Authorized Officer) 866 11th CT SW (Business Address) Vere Beach, FL 32968 (City) (State) (zip) A-18 120 of 133 a3mwu� Surety Secretary Anita Waters Account Manager The rate of premium of this bond is N/A per thousand. Total amount of premium charges N/A SURETY: Developers Suretv a indemnity Company (Corporate Surety) Affix Se - = (Sika do A orized cer) James N. ello, Attorney4n-Fact - -- - . 1718 N. hare Blvd. Suite 920 TampafL 53607 (City) (State) (Zip) Bowen, Mlolette & Britt of Florida, LLC (Name of Local Insurance Agency) 1715 N. Westshore Blvd. Suite 920 (Address) (The above must be filled in by Corporate Surety.) CERTIFICATES AS TO CORPORATE PRINCIPAL I, . certify that I am the Secretary of the Corporation named as Principal in the within bond, that who signed the said bond on behalf of the principal, was then of said corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested fro and on behalf of said corporation of its governing body. (Corporate Seal) State of Florida County of Indian River City of Sebastian Before me, a Notary Public duly commissioned, qualified and acting, personally appeared; James N. Congello to me well known, who being by me first duly sworn upon oath, says that he is the attorney in fact for the Developers Surety and indemnity Company , and that he has been authorized by Contractor named therein favor of the City of Sebastian, Florida. Subscribed andsworn to before me this 2Mept day of Sember 2017, Notary Public �+ waters 8/27/2018 00T!p Nota Public State of Florida My Commission Expires ��� A Waters �� My C or" . Isslon FF 155231 "Ior p.0 Expires 08.12712018 A-19 121 of 133 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263.3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint "`James C. Congeilo, Jaynes N. Congeilo, jointly or severally" as their true and tavrhll Attomey(s)4n-Fad, to make, execute, deliver and admowiedge, for and on behalf of said cnrporafwns, as sureties, bonds, undertaidngs and contracts of suretyship giving and granting unto said Aftomey(s}in-Fact full power and authority to do and to perform every act necessary, reyuiste or proper to be done in mmecton nerewah as each of said caporatiom cotdd do, but reserving to each of said corporations full power of subsbb6on and revocation, and all of the ads of said Attomey(s) in -Fad, pursuant to time presents, are hereby ratified and oonfumed. This Pow otAttomey is granted and is signed by facsimile wWer and by authority of tike fdimvirg resdutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the Prudent. Executive 1hcePres dent, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, uridrgs and contacts of suretyship; and that the Secretary or any Assistant Secretary of either of the corpora&ms be, and each of hem hereby is, authorized to attest the execution of any such Power of Attorney-, RESOLVED, FURTHER that fie signatures of such affwm may be affixed to any such Power of Attomey or to any certificate relating thereto by farsimle, mid any such Power of Attemey or certificate bearing such facsimile signatures shag be vdd and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of su retyship to which it is attached. IN WETNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severely caused these presents to be signed by their respective officers and aftssted by their rreesp�ective Secretary or Assistant Secretary this 6th day of February, 2017. M1Y Dardei Young, Senior Vim -President , yg'O A Aq'e (% a 1936xT. 0 0 - _ t ansdon, Yhoe President%��%'� o'crFpA`'�� Jr A notary pWic or other officer completing this certificate verifies only the Identity of the Individual who sigried.the document to which this certificate is attached, and not the tnnhfulness, accuracy or valMitV of that document. State of Caftnia County of Orange On Februa6, 2017 before me, -_ . LucBe ETg! rd, Rbtary Public_ . Foe hurt Nemo curd Me of ve ol4¢r -`"- PersonatiYaPPeared _—_—.-----_._-_-----__.__------.- - -- Daniel YoyngandMaricLansdon f em(al ca awww LUCILLEilea—; 7�: Corretrioo tNt>�ryr Putrtf omp ! y Comm. Diet 13,•, 24199 . iiia c !. Piece Notary Seat Above who proved to me on the tris of satisfactory evidence to be the person(s) whose name(s) Ware subscribed tone wdtrin Instrument and acknowledged tome that helsheltltey executed the same in hisdherftheir authorized capacdy(hes), and that by his/hefted signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrurnenL I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct VdITN,E, ISS my hand and official seal. �k=� Lucifl� d. Notary Rrbfrc CERTIFICATE The undersigned. as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furerennore, that the provisions of the resduft* of Cie rztfertm Boards of Directors of said corporations $et forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 25th day of September , 2611 �••�Zwe �'•ys pt11` O • 1 c,9 By. CCT.6 Ro z tfiE7 Cassie, . Assistant SedJ.lary, ATS -102 (02117) ' y�"'�>•« 22 O ACoO 0 CERTIFICATE OF LIABILITY INSURANCEI TE(M 01° YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementfs). PRODUCER Winchester Insurance, Inc CONTACT Maureen Wentworth 1425 W. Broadway (S.R. 42 PHOS- �) (407) 365 5656 I FAX 366-0031 P.O. Box 620969 maureen@vAnchestednsurance.com Oviedo FL 32762 ,NSURER($) AFFORDING NAIC 0 jwAgER A .United National Insurance Co 13064 INSUREDGranite INSURERa: State Insurance Co 23809 Ag-SCap@SerViCeS, Inc. Florida Site Contracting INSURER c:American Zurich Insurance Co 40142 86611th CT SW INSURER D' Vero Beach FL 32962- INSURER E RF• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, -HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES...IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR ADDLSUBR ITR TYPE OF INSURANCE ,yga�w % POLICY NUMBER POLICY EFF POLICY EXP rYM Mmma= LIMITS 1 A X COMMERCIAL GENERALLrAMLITY Y X L7220910 01/15/2017 01/15/2018 S 1,000,000 [ X1 50,000 CLAIMSMADE OCCUR i S MED EXP (Anv one oersonl $ 5,000 X 1,000 BI/PD Deductib I PFRSONAL&ADV INJURY S 1,000'00 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE S 2,000,000 JLO � EaF S 2,000,000POLICY R. S AUTOMOBILE Ll40UTY COMBINED SINGE LIMIT $ ANY AUTO BODILY INJURY (Per person) S ALLOMAUTOS ED UL� I BODILY (NJURY (Per accident) S AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE S S OCCUR UMBRELLA UABHCILAIMS-MADE EACHOCCURRENCE S EXCESS UAS I AGGREGATE $ DIED RETEhMON$ S n� WC -0196005959 oB 001/2017 04/01/2018 RaD kELACHACCIDENT 1,000,000 ANY PROPMETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) $ I E.LDISEASE -EAEMPLOYEE S 1,000,000 If yes be under a SG�RIPTIONOFOPERATIONSbelow 1,000,000 C Contractors Equipment EC09262124 RL DISEASE -POLICY LIMIT S 06/01/2017 06/01/2018 1,000 Deductible 95,000 C Rented/Leased Equipment ECO9262124 06/01/2017 06/01/2018 1,000 Deductible 400,000 DESCRIPTION OF OPERATIONS 1 LOCAM014SI VEHICLES (ACORD 901, AddklorW Remarks Schedule, may be attached If mom apace Is required) Re: Driveway Pipe Replacements. City of Sebastian Is listed as Additional Insured. CERTIFICATE HOLDER City of Sebastian 1225 Main St Sebastian ACORD 25 (2014101) CANCELLATION AI 001979 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. FL 32958- AU11iOR9E0 REPRESENTATIVE -- ©1988-2014 ACORD CORPORATIOIq.AI (Wht erved. The ACORD name and logo are registered marks of ACORD STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD a� 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 BARRY, SHANE RUSSELL FLORIDA SITE CONTRACTING 866 11 CT SW VERO BEACH FL 32962 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicanse.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! STATE OF FLORIDA 'bEPARTM �F. B PROFS CUC1225021 DETACH HERE (850) 487-1395 'AND 1N /2016 )f trii-AW- S. VOM RICK SCOTT, GOVERNOR KEN LAW -SON, SECRETARY STATE OF KOR1DA DEPARTMENT OF BUSI ESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CUCi225021 The UNDERGROUND UTILITY & EXCAVATION Named below 1$ CERTIFIED .;,... �. •-; Under the- tovisions of Chapter 489 FS. Expiratioh date: AUG '31, 2018 - BARRI FLORIi INMA ir,r. I 4 F •�J w L1 . i . 0010S8 SEAT-" HOME OF PELICAN ISLAND COUNCIL MEETING DATE AGENDA ITEM TITLE: CITY COUNCIL AGENDA TRANSMITTAL November 22, 2017 City Council 2018 Meeting Dates BACKGROUND: The City of Sebastian Charter provides for "at least" one (1) City Council meeting per month. Council meetings are scheduled on the 2nd and 4t" Wednesday of each month. It is appropriate for a `new' Council to authorize those future dates, or eliminate a meeting date. Attached is a list of meeting dates for 2018. Ten days after the November 6, 2018 election is needed to accommodate the receipt of overseas ballots and subsequent certification by Supervisor Swan. RECOMMENDATION: Review and consider 2018 meeting dates. ATTACHMENTS: 2018 meeting dates City Clerk: 0 Date: I }— V1- I -7 125 of 133 December 13, 2017 December 27, 2017 cancelled 2018 City Council Dates January 10, 2018 January 24, 2018 February 14, 2018 February 28, 2018 March 14, 2018 March 28, 2018 April 11, 2018 April 25, 2018 May 9, 2018 May 23, 2018 June 13, 2018 June 27, 2018 July 11, 2018 July 25, 2018 August 8, 2018 August 22, 2018 September 12, 2018 September 26, 2018 October 10, 2018 October 24, 2018 November 14, 2018 November 28, 2018 December 12, 2018 December 26, 2018 126 of 133 A0 e8 NOVEMBER SUN MON TUE WED THU FRI SAT 16 17 18 19 20 21 23 1 2 3 4 5 6 7 8 9 10 VA%- siornl Election hallni- rwrvlpct 11 12 13 14 15 16 17 receive overseas ballot 18 19 20 21 22 23 24 mmnksgivil tg Holiday 25 26 27 28 29 30 www.free-printable-catendar.com 20" 8 DECEMBER' SUN MON TUE WED THU FRI SAT 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 23 24 25 26 27 28 oujslmq i Q]-idav 30 31 1 8 15 2:r 2� www. free -grin table-calend ar. com 127 of 133 .nmx SEBASTIAN ;4s�w HOME OF PELICAN ISLAND COUNCIL MEETING DATE AGENDA ITEM TITLE: CITY COUNCIL AGENDA TRANSMITTAL November 22, 2017 Review Resolution No. R-15-10 City Council Meeting Procedures BACKGROUND: Each year after the seating of newly elected officials, City Council reviews the meeting procedures resolution to determine if any revisions are warranted. Attachments: City Clerk: Z J Date: 1l - j 7 -17 R-15-10 128 of 133 RESOLUTION NO. R-15-10 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. R-13-18; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings and achieve compliance with recently enacted State Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 2. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetincs: Regular Meetings shall be held on the second and fourth Wednesday of each month at 640 X00 p.m. and shall adjourn at "0 9:3Q p.m. unless extended for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelooment Ageri v Meetin or a Board of Adjustment .me ino is needed—those meeings will take place no earlier than 6:00 o.m. on the same nioht. followed by the Citv Council meetinn at 6:30 o.m. or at thf. conclusion ofthe Communitv RedevelonjuenI AgPncv qr t3oard of Adjustment meelinq. B. Special Meetinqs: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. C. Quasi-iudicial Hearinas: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager, D. Workshoos: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. 129 of 133 SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI -,JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Hearinq. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re - noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. matter. C. Deferrina Decision on Merits. City Council may defer action on the merits of any 2 130 of 133 SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meetinq Aqendas, 1. Regular Meetinqs. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of 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); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda Items where public input is permitted on agendas are allowed five minutes to speak on that item, however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. 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 call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited, Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. C. Public Input. 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. SECTION 9. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Counci# meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. 131 of 133 A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. CONFLICT, All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-15-08. SECTION 12. EFFECTIVE DATE. This Resolution shall tape effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member (1 t i Mro r , was seconded by Council Member (' C` and upon being put to a vote, the vote was as follows: Mayor Richard Gillmor a. Q. Vice Mayor Jerome Adams 6-. e- Councilmember Andrea Coy LLQ e- Councilmember Jim Hill A.� e- Councilmember Bob McPartlan cL� e - The Mayor thereupon declared this Resolution duly passed and adopted this Zk day of *ri ( , 2015. ATTR L Sally A. Maio MC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, Ci Attorney CITY OF EBASTIA ,LORIDA By:( Richa d . Gillmor, Mayor 4 132 of 133 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 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 of 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. 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS Procedures for Public Hearings: Chair announces opening of the hearing City Attorney reads title Chair announces rules that apply to the hearing Applicant presentation Staff presentation, comments and preliminary recommendation Public input. Staff final comments and recommendation Chair, closes hearing Council Deliberation and Action 10. UNFINISHED BUSINESS 11. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS No public input under this heading 14. CITY MANAGER MATTERS No public input under this heading 15. CITY CLERK MATTERS No public input under this heading 16. CITY COUNCIL MATTERS No public input under this heading 17. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) Any provisions of this Resolution may be suspended by the affirmative vote of at least three Council members. S 133o 133