Loading...
HomeMy WebLinkAbout01-08-2020 CC Agenda w/BOACIRC+ SEBAST - _" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL PARLIAMENTARY & MEETING PROCEDURES WORKSHOP - 5:00 P.M. BOARD OF ADJUSTMENT MEETING & REGULAR MEETING - UPON ADJOURNMENT OF WORKSHOP WEDNESDAY, JANUARY 8, 2020 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA AGENDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE - Led by Council Member Gilliams 3. ROLL CALL 4. CONVENE PARLIAMENTARY & MEETING PROCEDURES WORKSHOP A. Review Roberts Rules of Order B. Review Sunshine Law and Public Communication Practices C. Review Past Practices pgs 6-10 D. Review Resolution No. R-15-10 -Meeting Procedures 5. ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. Brief Announcements January 11 — Craft Club Show in the Park — 10 am to 3 pm January 18 to 19 — Sebastian River Fine Art and Music Festival in Riverview Park January 16 to 19 — Fellsmere Frog Leg Festival in Sister City Fellsmere 8. ADJOURN CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT MEETING pgs 11-14 A. Approval of May 8, 2019 Board of Adjustment Minutes B. Quasi -Judicial Public Hearina Adopted Quasi -Judicial Public Nearing Procedures: • Chairman opens hearing • Attorney reads title of request • Board discloses ex -parte communication • City Clerk swears in all who intend to provide testimony • Applicant makes presentation • Staff presents findings and analysis 1 of 257 • Board asks questions of the applicant and staff • Chairman opens the floor for anyone in favor of the request • Chairman opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request if needed • Board deliberation and questions • Chairman calls for a motion pgs 15-46 i. FRED AND GLORIA CLIFFORD REQUESTING A VARIANCE FROM SECTION 54-2-5.2.2(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE IN REGARDS TO LOT 45, SAN SEBASTIAN SPRINGS SUBDIVISION REPLAT, LOCATED AT 616 CROSS CREEK DRIVE. THE VARIANCE IS FOR AN EXISTING POOL SCREEN ENCLOSURE TO BE AT MAXIMUM 1.3 FEET FROM THE SIDE PROPERTY LINE OF A CORNER LOT, AND ENCROACH INTO A 5 FOOT UTILITY EASEMENT, WHERE THE REGULATIONS FOR THE RS -20 ZONING DISTRICT REQUIRES THAT STRUCTURES MAINTAIN A MINIMUM SETBACK OF 15 FEET FROM THE SIDE PROPERTY LINE. (Transmittal, Staff Report, Criteria, Exhibits, Application, Aerial, Notice) 9. ADJOURN BOARD OF ADJUSTMENT MEETING AND RECONVENE REGULAR CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, helshe should request a Council Member to remove the item for discussion prior to start of the meeting or by raising hislher hand to be recognized. pgs 47-50 A. Approval of Minutes — November 26, 2019 Special Council Meeting pgs 51-63 B. Approval of Minutes - December 11, 2019 Regular City Council Meeting 20.001 C. Approve Municipal Election Agreement between the Indian River County Supervisor pgs 64-74 of Elections and City of Sebastian for Calendar Year 2020 (Transmittal, Agreement) 20.002 D. Approve the Fiscal Year 2020/2021 Budget and Capital Improvement Program pgs 75-76 Calendar (Transmittal, Calendar) 19.063/20.032 E. Award Agreement to Guardian Community Resource Management, Inc. (RFP #19- pgs 77-138 12) for CDBG Administration Services in the Approximate Yearly Expense of $20,000-$24,000 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Scoresheet, References, Response, Agreement) 20.004 F. Approve the Piggyback to Florida Sheriff's Association Contract #FSA1 8-VEH 16.0 pgs 139-147 Cab & Chassis Trucks and Heavy Equipment to Replace a Caterpillar (CAT) 311 F Excavator with Attachments for the Public Works Department in the Amount of $182,793.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Notice of Intent, Contract Info, Comparative Quotes) 20.005 G. Approve Road Closures for the Sebastian Police Department's Movie Night Out on pgs 148-149 February 215, 2020 and the Sebastian Easter Egg Hunt on April 11`h, 2020 (Transmittal, Map) 2 of 257 20.006 H. Approve Alcoholic Beverages for Miller Family Event at Community Center on pgs 150-152 1/10/20 from 5:00 p.m. to 11:00 p.m. - Permittee DOB Verified (Transmittal, Application, Receipt) 20.007 I. Approve Alcoholic Beverages for Radebach Family Event at Yacht Club on 2/1/20 pgs 153-155 from 12:00 p.m. to 5:00 p.m. - Permittee DOB Verified (Transmittal, Application, Receipt) 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. 20.008 A. Citizens Budaet Review Advisory Board pgs 156-157 i. Council Member Gilliams Announces His Appointee ii. Council Member Parris Announces Her Appointee 20.009 B. Construction Board (Transmittal, Application, Ad, List) pgs 158-163 i. Interview, Unless Waived, Submit Nominations for One Unexpired, Regular Member Position - Term to Expire 9/30/21 12. PUBLIC HEARINGS Procedures for legislative public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public input • Staff summation • Mayor closes hearing • Council deliberation and action 19.155 A. Reconsider Revisions Made to Ordinance No. 0-19-07 and Hold Public Hearinq pgs 164-178 Reqardina Recvclable Materials (Transmittal. Application. Zoning Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 86, ARTICLE III, BY ESTABLISHING A DEFINITION FOR "RECYCLABLE MATERIALS"; AND AMENDING THE LAND DEVELOPMENT CODE, ARTICLE XXII — LANGUAGE AND DEFINITIONS, BY ESTABLISHING DEFINITIONS AND LAND USE CLASSIFICATIONS FOR "RECYCLING OR MATERIALS RECOVERY FACILITIES"; AND AMENDING ARTICLE V — ZONING DISTRICT REGULATIONS, BY ESTABLISHING RECYCLING OR MATERIALS RECOVERY FACILITIES AS CONDITIONAL USES IN THE INDUSTRIAL ZONING DISTRICT; AND AMENDING ARTICLE VI — CONDITIONAL USE CRITERIA, BY ESTABLISHING SPECIFIC CONDITIONS FOR RECYCLING OR MATERIALS RECOVERY FACILITIES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS, AND PROVIDING AN EFFECTIVE DATE. (PJ Ad 12/1/19) 13. UNFINISHED BUSINESS 19.158/20.010 A. Consider Lifting the Moratorium of Herbicide Spraying to Allow the Testing of an pg 179 Organic Herbicide (Transmittal) 19.124/20.011 B. City Attorney Recruitment - Confirm the Ranking of Attorneys to be Interviewed pgs 180-192 (Transmittal, Gilliams Letter, Mauti Letter, Score Sheets) 3 of 257 14. 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. 15. NEW BUSINESS 19.024/20.012 A. Award Agreement to AmPro, Inc. (ITB #19-13) for the Purchase and Installation pgs 193-236 of Token Machine Operated Pickleball Court Lighting in the Amount of $104,070.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Bid Tab, References, Response, Agreement) 19.109 B. Approve Budget Adjustment and Work Services Agreement with Eau Gallie pgs 237-257 Electric, Inc. (RFQ #19-05) for the Design Build and Purchase of an Emergency Generator for City Hall in the Total Amount of $148,129.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Council Approval, Quotes, Agreement) 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS A. Council Member Hill B. Council Member Parris C. Vice Mayor Mauti D. Council Member Gilliams E. Mayor Dodd 20. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE iN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: January 22. 2020 — Planning & Zoning Process Workshop & Regular City Council Meeting — 5:00 pm February 12, 2020 — Municipal Budget Workshop & Regular City Council Meeting — 5:00 pm February 26, 2020 — Budget Process Workshop & Regular City Council Meeting — 5:00 pm March 25, 2020 — Regular City Council Meeting — 6:00 pm April 8, 2020 — Regular City Council Meeting — 6:00 pm April 22, 2020 — Regular City Council Meeting — 6:00 pm 4 of 257 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular Citv Council Meetings Public inaut is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input 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. 5 of 257 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. Reqular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 638 5;-W p.m. and shall adjourn at 10;00 9:30 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 Redevelopment Agency i or a Board of Adiustment meeting is needed. those metinas will take place no earlier man 6:00 Q.[n. on the same niaht followed by the City Council meeting at 6:30 m, nrxlbe conclusion of the Community Redey-eLopment Agency or Board of Adiust ent meeting. B. Special Meetings: 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-judicial Hearinqs: 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. Workshops: 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. 6 of 257 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 rales 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 7 of 257 SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meetinq Aqendas. 1. Reqular 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 Council 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. 3 8 of 257 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 take effect upon its adoption. The foregoing Resolution was passed fQr adoption by Council Member �1 i � � mo v , was seconded by Council Member ('.D and upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Q\4 e Vice Mayor Jerome Adams Q.� fr Councilmember Andrea Coy " e- Councilmember Jim Hill e- Councilmember Bob McPartlan ¢� The Mayor thereupon declared this Resolution duly passed and adopted this 2 rxA day of 1lr'i { 2015. ATTFO Sally A. Maio MC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, Cif`�Attorney CITY O EBASTIA ,FLORIDA By: Richa d H. Gillmor, Mavor 4 9 of 257 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 or 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. 5 10 of 257 Regular City Council Meeting May 8, 2019 Page Two ,Teff)ette Tn ' lh 1 i ate, CrLy Clerk 19.070 C. Proclamation —National Peace Officers Memorial Dav — Mav 15. 2019 and National, Police Week — Mav 12-18, 2019 - Acceoted by Police Chief Michelle Morris and Members of Sebastian's Police Department Council Member lovino read and presented the proclamation to Sergeant Marcinik, Officer Singh, and Officer McKenzie. 18.071 D. Proclamation - National Safe Boating Week - Mav 18-24. 2019 — Acceoted bv. Commander Frans Evberse, USCG Auxiliary Flotilla 56 Mayor Hill read and presented the proclamation to Commander Eyberse, Tommy Augustsson. Frederick and Linda Combs. Brief Announcements • May 17 — Charober Concert in the Park — Note 4 Note (60"s to current hits) — 5:30 to 8 pin Vice Mayor Kinchen announced the upcoming event. She also congratulated Natural Resources Board Chairperson. Nikki Mosblech, for being selected as one of the five state finalists for Florida Teacher of the Year and wished her the best as the finalist is chosen. 7. Recess Citv Council Meetina and Convene as Board of Adiustment 1 - Mayor Hill adjourned the City Council meeting and convened the Board of Adjustment meeting at 6:15 p.m, A. The November 28, 2018 Board of Adjustment minutes were unanimously approved by a MOTION by Mr. Dodd and SECOND by Mr. McPartlan. B. Quasi -Judicial Pubiic Hearinq L SEMBLER MARINA PARTNERS, LTD IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), IS REQUESTING A VARIANCE FROM THE BENCHMARK BY WHICH BUILDING HEIGHTS ARE MEASURED. THE APPLICANT WOULD LIKE TO MEASURE THE HEIGHT OF HIS PROPOSED BUILDING FROM THE FINISHED FLOOR ELEVATION OF THE EXISTING OVERWATER CONCRETE PAD The City Attorney read the request from Sembler Marina Partners, Ltd. There was no ex - parte communication to disclose by the Board Members. The City Clerk swore in those who were to provide testimony. Buzz Underhill, representing Sembler Marina Partners, Ltd. said the staff report accurately reflected their request and introduced the project engineer, Ryan McLean, The Community Development Manager explained per code the building Leight is measured either from base flood elevation or average grade; and, since the existing concrete pad is over water, the proposed building elevation should be measured from the base flood elevation. She said the argument is that since the slab is existing, the elevation should be measured from finished floor elevation. 11 of 257 Regular City Council Meeting May 8, 2019 Page Three She noted a previous developer's agreement had expired and therefore the site plan modification is required to meet the current code, prompting the variance. She explained they are asking for a different spot to measure the building height or for an additional 4 '/2 feet for the building height. She said the applicant has met most of the qualifying criteria for determining a variance and staff recommended approval with the following three conditions: -certified, engineered proof of structural integrity regarding the existing overwater concrete pad before construction begins -the variance is for the restaurant building only. if the proposed use is changed (before the structure is built), the proposed building height will be measured from the required base flood elevation. as per code -the variance is valid for two years. The approval shall expire 24 months from the date granted if construction of the building has not begun Chairman Hill said there is a corner of the slab that is broken off and asked if the corner would need to be replaced. The Community Development Manager advised the pilings must be found to be structurally sound or the variance will not be granted. Chairman Hill asked if there was any recourse to have the slab removed as a non- conforming structure if it is found not to be sound. The City Attorney responded that staff would have to either get the structure to be compliant or removed. No one spoke in favor the request. Opposed Ben Hocker, Sebastian, said the request goes against the City's height restrictions. He asked if anything has been submitted as to what the building will look like and if it has gone before Planning and Zoning. He said a little more research is warranted. Damien Gilliams, President, Sebastian Property Owners Assocation.com (SPOA), said he has spoken about this non -conforming property numerous times to which the City has done nothing. He said the property is in violation of Articles VIII and XI of the Land Development Code. (See attached) He noted the City bought the Harbor Lights Hotel to preserve the river's view and now this restaurant is going to be built down the street. He said if the variance was passed tonight it would be criminal. Ryan McLean, MBV Engineering Inc. said the variance will lead to an architectural standard that will meet the CRW zoning and provide for a beautiful project. The Community Development Manager stated this was a new site plan application that was submitted before the holiday last year; this will put a structure on the slab, provide better stormwater ponds, landscaping and fix the existing sign, the applicant requested to bring this variance before the Board prior to going to Planning and Zoning, additional time conditions may be imposed at the time of site plan approval; and this will be a one-story structure. Chairman Hill asked the City Attorney if the Board approved the variance would they be committing a crime. The City Attorney responded not based on any facts or information that he has. 12 of 257 Regular City Council Meeting May 8, 2019 Page Four The City Manager noted the observation deck was not an abandoned project; the Building Official at the time required them to complete the observation deck and the developer amended the site plan to reflect the observation deck and everything was closed as complete. The Community Development Manager added that with the new site plan, new correspondence will be required from SJRWMD, Army Corp and DEP. She also added the road elevation at an average 5'/2 feet, so the elevation was not jumping to 11 '/z feet. Mr. Dodd said in 1992. DEP authorized a 10 foot elevation but it was built at 11 '/z feet so the developer obtained a revised permit to address the additional 1 '/z feet, it was approved to have a building on it, subsequently the project didn't happen, and then the developer received approval for an observation deck. 6:42 pm Mr. Dodd noted the applicant will correct parking deficiencies, improve drainage and build another restaurant that will be a value to the City. In addition to the City's conditions, Mr. Dodd requested the following restrictions: the engineering certification should be noted that it meets current code; if the slab is not determined to be sound without reconstruction or without major repair work, the variance goes away (if the slab has to be rebuilt, it should be done at the proper level); and indicate an actual expiration date. This will provide something the City can use. The Community Development Manager said the state permits indicated it was to be a restaurant, there was a 1985 DEP permit showing the elevation at 10 feet, then a second DEP permit showing 11 '/: feet; she cannot confirm the slab was inadvertently built at the wrong elevation by the contractor. Chairman Hill agreed the restaurant would be a lot better for the City. Mr. Underill said in 1987, the Army Corp required the slab to be built at 11 '/i feet. MOTION by Mr. lovino and SECOND by Chairman Hill to approve the variance requested by Sembler Marina Partners, Ltd. Roll Call: Vice Chairperson Kinchen — aye Mr. Dodd — aye Mr. lovino — aye Mr. McPartlan — aye Chairman Hill — aye Motion Carried. 5-0 To clarify that the conditions requested by Mr. Dodd and staff should be included with the approval, Mr. lovino made an AMENDED MOTION with a SECOND by Chairman Hill for approval with the following requirements: - a certified engineered proof of structural integrity according to current code shall be provided prior to construction beginning - if the slab is determined not to be sound, the variance request will be null and void - the variance is for a restaurant building only. If the proposed use is changed (before the structure is built), the proposed building height will be measured from the required base flood elevation, as per code - the variance shall be valid for two years and expire 24 months from May 8, 2099 if construction of the building has not begun 4 13 of 257 Regular City Council Meeting May 8, 2019 Page Five Roll Call: Motion Carried Mr. Dodd — aye Mr. lovino —aye Mr. McPartlan — aye Chairman Hill — aye Vice Chairperson Kinchen — aye . 5-0 The City Attorney advised that the first motion did not have to be rescinded because there wasn't any distance in time between the original motion and the clarification. 8. Adjourn Board of Adiustment and Reconvene as Citv Council 4 Chairman Hill adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:52 p.m. 9. CONSENT AGENDA A. Approval of Minutes — April 24, 2019 Regular City Council Meeting 19.072 B. Approve Indian River Shores Public Safety Department's Fire Truck Pull Special Event at Riverview Park with the Closure of Sebastian Blvd. and Harrison Street on June 8, 2019 (Transmittal, Application. Flyer, Map) MOTION by Vice Mayor Kinchen and SECOND by Council McPartlan to approve consent agenda items A and B passed with a unanimous voice vote of 5-0. 10, COMMITTEE REPORTS & APPOINTMENTS 19.073 A. Plannino & Zonina Commission (Transmittal, Application, Ad. List) i. Interview, Unless Waived, Submit Nominations for One Expired, Regular Member Position — Term to Expire 5!112022 6:57 pm There was no objection to Mayor Hill and Council Member Dodd's nomination of Joel Roth to serve an additional term. Mr. Roth will serve until May 1. 2022. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS - None 13, PUBLIC INPUT Ben Hocker thanked Council Members Dodd, McPartlan and the City Manager for attending the Sebastian Property Owners meeting the previous Monday. Russell Herrmann 586 Redwood Court, Vice President of the Friends of the St. Sebastian River, thanked Council requesting the City Manager to research glyphosate and report back to City Council. In the meantime he requested that no dangerous chemicals be used. Damien Gilliams. President, SPOA also thanked the City Manager for coming to last Monday's SPOA meeting and requested a workshop and public forum to discuss the herbicide spraying as soon as possible. He noted that he and former City Council Member Eugene Wolff witnessed canal spraying right before a storm last Friday. 14 of 257 CITY IT SERA!STIAV HOME OF PELICAN ISLAND BOA MEETING DATE AGENDA ITEM TITLE: BOARD OF ADJUSTMENT AGENDA TRANSMITTAL January 8, 2020 Clifford Variance Request RECOMMENDATION: Conduct a quasi-judicial public hearing to consider a variance request for the property located at 616 Cross Creek. Drive, Lot 45, San Sebastian Springs Subdivision BACKGROUND: A variance application has been submitted from Fred and Gloria Clifford for relief from Section 54-2-7.5(b)(1) of the Sebastian Land Development Code to allow an existing pool screen enclosure to be a maximum 1.3 feet from the side property line and encroach into a private 5 -foot utility easement, whereas the code requires the enclosure to be a minimum distance of 15 feet from the side property line. In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with your consideration. ATTACHMENTS: 1. Staff Report and Board Criteria 2. Exhibits A through G 3. Application and Property Aerial 4. Public Hearing Notice If AEenda Item Reouires Expenditure of Funds: Total Cost: NIA Amount Available: NIA If Cost Requires Appropriation: NIA Administrative Services Department/CFO Review: City Manager thorization: r Date: December 31, 2019 15 of 257 cnv Of SEBASTIAN Q�- HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Clifford Pool Enclosure Encroachment 2. Requested Action: Variance requested from Section 54-2-7.5(b)(1) of the Sebastian Land Development Code to allow an existing pool screen enclosure to be a maximum 1.3 feet from the side property line and encroach into a private 5 -foot utility easement, whereas the code requires the enclosure to be a minimum distance of 15 feet from the side property line. 3. Project Location a. Address: 616 Cross Creek Drive Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 31-38-14-00003-0000-00045.0 Lot 45, San Sebastian Springs Subdivision Replat 4. Project Owner: Fred & Gloria Clifford 616 Cross Creek Drive Sebastian, Florida 32958 (804) 514-7718 5. Project Agent: Homeowners 6. Project Surveyor: P. Chad Maxwell, FSM #7070 Maxwell Geospatial, Inc. 4899 Kirby Loop Road Fort Pierce, Florida 34981 (772) 801-5206 7. Project Description: a. Narrative of proposed action: The applicants purchased their residence at 616 Cross Creek Drive, a corner lot in San Sebastian Springs Subdivision, in 2016. A survey of the lot was performed by Maxwell Geospatial in 2018, which indicated that the existing screen enclosure for the pool, positioned on an angle against the property line, was, at the closest point, 1.3 feet from that line and encroached into 16 of 257 a 5 -foot utility easement (Exhibit A). Based on Section 54-2-5.10(e)(2)a.2, the definition of yards for a corner lot, the south property line is established as the "side yard", and the west line as the "rear" (Exhibit B). The side yard setback for the RS -20 zoning district is 15 feet, which is the distance the screen enclosure should be from the south property line. The applicants are requesting a variance from this requirement. b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: d. Site Characteristics RS -20 (Single -Family Residential, Min 20,000 SF Lots) VLDR (Very Low Density Residential, 3 units per acre) Zoning (1) Total Acreage: RS -20 RS -20 RS -20 RS -20 (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Staff Comments: Current Land Use residence residence vacant residence Future Land Use VLDR VLDR VLDR VLDR .68 acres, or 29,429 SF Single-family residence Well Septic system The pool and screen enclosure were permitted by a previous owner in 1998, using a 1988 survey that indicated different PRM (permanent reference markers) locations and property line lengths than shown on the 2018 survey. The application from the pool contractor originally noted the proposed location of the enclosure to be 10 feet from the south property line (Exhibit Q. When reviewing the application, the 1998 staff inadvertently determined the south line to be the "rear" property line since the pool and enclosure were behind the house. The code allows for a 10 -foot rear setback for screen enclosures, but staff was errant in not applying the definition of side or rear yards for corner lots and issued the permit. The enclosure should have been required to meet the 15 -foot side yard setback. An explanation for the inconsistencies between the two surveys remains unresolved. In part, the differences shown in property line lengths are a contributing 2 17 of 257 factor to the amount of relief needed. However, consideration of the variance should be given using reliance on the most recent signed and sealed survey. The recorded subdivision plat for the property dedicated 5 feet on all front, side and rear lot lines as utility easements, unless otherwise noted (Exhibit D). The easements are dedicated to and for maintenance by the San Sebastian Springs Property Owners Association (POA), and are not public. The City has no obligations, responsibility, or control of these easements, or authority to abandon them. Nevertheless, in order to thoroughly consider the variance request, it is necessary to know if those entities with interests in the subject side yard casement would allow an encroachment into the 5 -foot area. The applicants have requested and received correspondence from Florida Power & Light and the Board of Directors of the POA, both acquiescing to the encroachment (Exhibits E and F). 9. Board Criteria for Determining Variances: See attached analysis. This criterion was considered in determining staff's recommendation. The applicants have also submitted a response to the Board criteria (Exhibit G). 10. Staff Recommendation: Staff recommends approval of the variance request for the property located at 616 Cross Creek Drive, Lot 45, San Sebastian Springs Subdivision, to allow a pool screen enclosure to be a maximum of 1.3 feet from the side property line. The approval is based on consideration of the Board of Directors of the Property Owners' Association's and Florida Power & Light's approval of the enclosure's encroachment into the dedicated side yard utility easement. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dorri Bosworth, Manager/Planner Corninunity Development Department ltd l� Dat 3 18 of 257 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of snecial conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes 6 No ❑ Unresolved issues regarding placement of the Permanent Reference Markers (PRM) for the property exists, in addition to an inadvertent detennination of setback requirements by a previous city staff. Although the survey issue is a matter to be resolved between the property owner and the POA, a variance would still be needed to resolve the "side yard setback" vs. the "rear yard setback" error that occurred when the pool and enclosure permits were issued. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes Q' No ❑ Both issues — survey and setbacks — are not the result of any actions by the applicants. C. Special orivile-aes not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes GY No ❑ Numerous permits have been issued for pool and screen enclosures on corner lots that have met the setback requirements. And when the original pool and enclosure pen -nits were reviewed for this property, they were issued with the detennination that they complied with regulations based on the signed and sealed survey submitted with the application. Special privileges are not being conveyed based of a submittal of a revised, updated survey that indicates different inforination, and a re -review and differing detennination by current staff. 5 19 of 257 d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes M/ No ❑ A hefty financial hardship would be incurred to relocate the pool and enclosure to meet required setbacks. Correspondence from the POA and FPL has been received acknowledging the encroachment with no request to relocate the structure. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes V No ❑ Based on the current survey, and the angle the screen enclosure is positioned along the property line, a minimum variance of 13.7 feet — at one point — is needed, at the eastern end of the enclosure. [At the western end of the enclosure, because of the angle, the encroaclunent is 3.2 feet into the 15 foot setback] f. Not iniurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes V No ❑ The intent of separation between buildings and structures from adjacent properties will not be met. However, the pool and screen enclosure does not appear to be injurious or detrimental to the adjacent vacant lot. With regards to the proximity of the enclosure to the existing power lines, the application has been reviewed by FPL, with no follow-up request to relocate the structure. 2. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. 6 20 of 257 Meets Standard Yes G No ❑ No conditions are being proposed. However, if for any reason in the future the pool or screen enclosure are rebuilt or redesigned, excluding weather or fire incidents, setback requirements shall be met, h. Time Unfit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes No ❑ Since the pool and enclosure are existing, time limits are not being proposed. L No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes i No ❑ The request is not a use -related variance — Accessory Residential Uses/swimming pools & enclosures are allowed in this zoning district. 7 21 of 257 r-_ Rd Off• �r� �>�al�eAa4zz�DNspelmAx Exhibit A 5 1 Nl6• i'72C;zy, lh Y '••�v}'Nyyyt���,_ -a ! — (0)(P) /V B0. •d 1- Y' y��'''t — Irb.20' \ \ -� 1�•�"1EB.68'(P 5_ '�'��i'Y� T_'s"'�� k E=2e15.00' \ \ for 4A 1• . `pg L 2p,9s� mot 4".Ir 1 3 s p Ai; ',! e=1o•zei>n �\ \ r a _ MONUMENT ® \ OU ! I i I \ \o. •td .. s h POUND %' DF fu �' I I 1 I I \ \ •\ PIE 4898 I \ � 1, .. a eT.E• I i i I r r N4•• I J i 7 I/ I p>` • I E' 1 II � mim�a9 a"a9aNrmmx ! 1 1 1 X q I I I I Dro, u,Pa. n) I J o' N DED• d VICINITY MAP FOUND %" IRC i / m b I •"' ,• !4•.'.r• PLS 4890 ILS'— I T D: ad E®,RHAx �I I T I AREA'. i/ rl . ii. TAD. IF FOND CON aeEra 11ONUMENr T .--------- - - - - -- - ser fi' tac IC IDDAr [lea 1 ...-._ IB NOTES - +•- '.. .'. I . . .. 8168 --_- -- _ ._ - u9.aa•IPI - - -_ --'- f _ _ MON : � SOO-10'69'R 16025' � -_�- ._ - _ \` _ - I. 7ffi IS NOT vltID WrteoD7 •rte swNA7oaR AND rnp Dncuul. eA� SEAL or 1 nn®A umasED soavRFoa A9ee•0h IAA.9A•D•1 la• urDArY s.AcuNr \ 0.['f. 0.9'6 -' - Ta aaAxls WaaOM t'a ammv CO Or rep uGaplcNpn [Tu. - � _ _ AND Ra�rlel�oNs lune Aro rme oocweN'r os Aseow NSPIn - _ _ _ - _ - _ - _-- _ - __ \\ No TS a T 11HICE EAS e®Y PLL® iGNIDNOMON. ! r-----f--D- - - - - \ 1 -- \ \ p No MIRIS Off WE CRO Br 'Tae UNDOWESa N vavr Acruu. LECIL DwNnse>P, slDara , WAY, _•_AAAA•,," oR DTDON HUSDIINS DN TEL BOB16M iDipal"Y AU N ECU TR09E r0aR086•D 8Y Tae OM OB SPA HEP➢R9&NTl11ve. DESCRIPTION GaeN a[PADN ®sesa ON DvosYAvox BBCORDED w DmcIAL apCORos soD[ Pa91. PAM lees. DIDWI arva csnxxr PINSIDSTY CONTAINS ...a Ad—, 110- all Nass (29.asp.ei spOAa nn). rm r Pr aAx EaIHNAN \ \ \ s. WE LAUT DAT[ Or rn<LO man TAs FammumY D. EOle. M P•IV1810NS GOm EMEON DO NM IMPptffiN A 'TEND 6UDVIY UPDATE• UMESS UT869[I I NDE®. \ 1 7. TB[ sAer UGM or THE saga S Mi- DI Assnlum TO BEAR 91NA4•pM ALL m®I seAEONcs Gom An 6[IAT19[ \\ \ •I\ rRaw a \\ \\ --T or wi preArlux \\ \ •,\ a�z� ��011 \ \\ U. aTl- v �> uND UTUXMM. umm iii -IMS. PDUNDADMSS MD Do`aovplalrrs TIME E NOT LOCLWD M A FAST OF WAS UMPSY. aU'aovaimm. OWES MAN Wan SEDIN a . nap NOT IGCAsw As Payr or rale Soarer. IN SOM ENBTANan, GRAPHIC MIPUEMNTA'IORE AND SYYBOW MW RAW BERN QAMMM TO YOM GLBARLY ILLUSID ATE \ \ Ta ApATIONBHIP BSTrSUMN PRYBICAL WUorGGIIiW ANNOB Tar Ial6. TEH OD®NSEONB G Ga GALT CONTROL WE CERTIFICATION 1 \ \ LOCATION, all, WE uINaovEw x Deas m Srum PaBN .. ,\ l l \ t 31. BINHJRLT PRDPEECY I6 —M WD'GN AN 1RP1 HAVDIG 19:OG n88NONATIDN T. DASD ON =0 GODIIIII- San YAP No. TW8 Y1P IaSPAo�Nta AN AM" US WE ®DUN➢ HURveY PEEPDRIN41 BY YE DE Milan W DIIBECCT HDPUMON. Tmp YAP ARD \ \ 1 \ \ \\ 12. ALL ZMATNN. aRDHN ®mN Aa. varampN® TO Nam AYEa1CAN vER9rJL DtlNY Or lap M'vOpa). PAILTIR A8 MUM IN MLPMR 414 FIDMA B�TAD'MRB, CBAP1a 51 -IVDP MII rWRIDA ADI@DHTaATD'a Gain- STANDARDS ➢1 \\ Es] A BOUNDARY SURVEY FOR;•• FRED & GLORIA CLIFFORD - J,y. MAXWELL GEOSPATIAL, INC. _ a^°pn_ . _ SHEET 7 Kirby Loop �Road, Fort Pierce, FL 349 1 z - SECTION TI TOTINffiP 51 SOUTH. RANGE 3B-RkST 4899 4 SEBASTIAN. FLORIDA, ]INDIAN RPR COUNTY ]� OF P: (772) 801-5206, M: (337) 356-2949 DATE 2/8!2018 CRU M HY P. CHAD YAMLL, nDRIDA REGISTRATION #7070 IGkATUIM DATE SCALE 1• = 20' MCI" BY PCL: PROFESSIONAL SURVEYOR AND YAPPER FH.EN.TIIN leo11 ale caoss L•REE[.Dnc i 7 of 7 F / J LEGAL DESCRIPTION SYMBOLOGY ABBREVIATIONS i� IIIT 4E. R[PIAT OP EW SEBASTIAN WPMGB SUBp]vl . AaGGIUG .IG TO TB[ YAP OR PUT TMGUMF• AS H[CORDED IN FIAT SOON �, CaRmOu is (C) TUM CaDOLLTHII NIVD NATIO I, Mala C WROI4 1, DAT NGV➢ NATIONAL CEO➢EPIC YaCICAL OANIA 11. PAGgS) a AND 92A, INCUUSITE. OF TBE PTIBIAC RECDEOS OF COGAS HIrDt COUMY. MSGUA. ® TRWRom vWjary (0) (Y) O1IBaY® PIAT DATA NR NON RADIAL I ; p. nacTelc Bm CAG CONCRETE CURB R cv on DmnA. RECD US, SODS P.Us. PRIVATE Una llf EASYEN, DG VALVE CH.B CHOItO eBIRINc PC POINT OF CURVATURE ' GRAPHIC SCAM'® BAMC,— mm CSD GDM DIHTANCE PD Pin Coecs[rE Eur DF EAp enuenAx : n BO 2,0Q 7 NO 2,040 ® CDNCREM ADraa END SLTTG TAM META CH D.E. ITS YONDYRM P1 PIGNT Dr M-Sn mN MTA ANGLE 1,18 PROTE .K& IAm Em m.. DRAINAGE E4SEID4,T POB POINT OF Ma G raTIBBa r10DR EIEPI-M POC POINT o9 COYIRNCTAMNT I ' — A' WOOD Ma RIC L MON ROD k CAP POT PODil OP 'Tal@iU0 AMC UNCIA PM PESSMANINT TOdaaCE YONUILW / (� ) 1 IBDL = 2D ti. ASPHALT' SIGN LE. La — LLm9CAPE YEEIDQIS PT POINT DF Tm mm uI BUGNr88 S RIMP — A DISC H/11 RIGROP WAY ''OA WORD POEa PDI.[ N/0 NAR. AN➢ D18< W YAM —ne IWr epHW® ADIDIIIS) — �— U ovaBEeDGum r Trpu . I. w. al m Wim:• '!/. � I 1 i li Jw / OND %" i' • O` RON NOD IR li NO m 'IND %• IRC / 'mum CPA ` FJ��� I\ _� \\ \ Fifi�J r�YT.,�1 iyT, A ;•"k � gf�' OO�j n \1 /" IRC LE 8168 e;S'S t*gae«1?Si itti«'Ia, sA �ti;TR, P'{;I 4< "r syr w q ,fgr at-f� �'y�'1i� 1 � \ r-_ Rd Off• �r� �>�al�eAa4zz�DNspelmAx Exhibit A 5 1 Nl6• i'72C;zy, lh Y '••�v}'Nyyyt���,_ -a ! — (0)(P) /V B0. •d 1- Y' y��'''t — Irb.20' \ \ -� 1�•�"1EB.68'(P 5_ '�'��i'Y� T_'s"'�� k E=2e15.00' \ \ for 4A 1• . `pg L 2p,9s� mot 4".Ir 1 3 s p Ai; ',! e=1o•zei>n �\ \ r a _ MONUMENT ® \ OU ! I i I \ \o. •td .. s h POUND %' DF fu �' I I 1 I I \ \ •\ PIE 4898 I \ � 1, .. a eT.E• I i i I r r N4•• I J i 7 I/ I p>` • I E' 1 II � mim�a9 a"a9aNrmmx ! 1 1 1 X q I I I I Dro, u,Pa. n) I J o' N DED• d VICINITY MAP FOUND %" IRC i / m b I •"' ,• !4•.'.r• PLS 4890 ILS'— I T D: ad E®,RHAx �I I T I AREA'. i/ rl . ii. TAD. IF FOND CON aeEra 11ONUMENr T .--------- - - - - -- - ser fi' tac IC IDDAr [lea 1 ...-._ IB NOTES - +•- '.. .'. I . . .. 8168 --_- -- _ ._ - u9.aa•IPI - - -_ --'- f _ _ MON : � SOO-10'69'R 16025' � -_�- ._ - _ \` _ - I. 7ffi IS NOT vltID WrteoD7 •rte swNA7oaR AND rnp Dncuul. eA� SEAL or 1 nn®A umasED soavRFoa A9ee•0h IAA.9A•D•1 la• urDArY s.AcuNr \ 0.['f. 0.9'6 -' - Ta aaAxls WaaOM t'a ammv CO Or rep uGaplcNpn [Tu. - � _ _ AND Ra�rlel�oNs lune Aro rme oocweN'r os Aseow NSPIn - _ _ _ - _ - _ - _-- _ - __ \\ No TS a T 11HICE EAS e®Y PLL® iGNIDNOMON. ! r-----f--D- - - - - \ 1 -- \ \ p No MIRIS Off WE CRO Br 'Tae UNDOWESa N vavr Acruu. LECIL DwNnse>P, slDara , WAY, _•_AAAA•,," oR DTDON HUSDIINS DN TEL BOB16M iDipal"Y AU N ECU TR09E r0aR086•D 8Y Tae OM OB SPA HEP➢R9&NTl11ve. DESCRIPTION GaeN a[PADN ®sesa ON DvosYAvox BBCORDED w DmcIAL apCORos soD[ Pa91. PAM lees. DIDWI arva csnxxr PINSIDSTY CONTAINS ...a Ad—, 110- all Nass (29.asp.ei spOAa nn). rm r Pr aAx EaIHNAN \ \ \ s. WE LAUT DAT[ Or rn<LO man TAs FammumY D. EOle. M P•IV1810NS GOm EMEON DO NM IMPptffiN A 'TEND 6UDVIY UPDATE• UMESS UT869[I I NDE®. \ 1 7. TB[ sAer UGM or THE saga S Mi- DI Assnlum TO BEAR 91NA4•pM ALL m®I seAEONcs Gom An 6[IAT19[ \\ \ •I\ rRaw a \\ \\ --T or wi preArlux \\ \ •,\ a�z� ��011 \ \\ U. aTl- v �> uND UTUXMM. umm iii -IMS. PDUNDADMSS MD Do`aovplalrrs TIME E NOT LOCLWD M A FAST OF WAS UMPSY. aU'aovaimm. OWES MAN Wan SEDIN a . nap NOT IGCAsw As Payr or rale Soarer. IN SOM ENBTANan, GRAPHIC MIPUEMNTA'IORE AND SYYBOW MW RAW BERN QAMMM TO YOM GLBARLY ILLUSID ATE \ \ Ta ApATIONBHIP BSTrSUMN PRYBICAL WUorGGIIiW ANNOB Tar Ial6. TEH OD®NSEONB G Ga GALT CONTROL WE CERTIFICATION 1 \ \ LOCATION, all, WE uINaovEw x Deas m Srum PaBN .. ,\ l l \ t 31. BINHJRLT PRDPEECY I6 —M WD'GN AN 1RP1 HAVDIG 19:OG n88NONATIDN T. DASD ON =0 GODIIIII- San YAP No. TW8 Y1P IaSPAo�Nta AN AM" US WE ®DUN➢ HURveY PEEPDRIN41 BY YE DE Milan W DIIBECCT HDPUMON. Tmp YAP ARD \ \ 1 \ \ \\ 12. ALL ZMATNN. aRDHN ®mN Aa. varampN® TO Nam AYEa1CAN vER9rJL DtlNY Or lap M'vOpa). PAILTIR A8 MUM IN MLPMR 414 FIDMA B�TAD'MRB, CBAP1a 51 -IVDP MII rWRIDA ADI@DHTaATD'a Gain- STANDARDS ➢1 \\ Es] A BOUNDARY SURVEY FOR;•• FRED & GLORIA CLIFFORD - J,y. MAXWELL GEOSPATIAL, INC. _ a^°pn_ . _ SHEET 7 Kirby Loop �Road, Fort Pierce, FL 349 1 z - SECTION TI TOTINffiP 51 SOUTH. RANGE 3B-RkST 4899 4 SEBASTIAN. FLORIDA, ]INDIAN RPR COUNTY ]� OF P: (772) 801-5206, M: (337) 356-2949 DATE 2/8!2018 CRU M HY P. CHAD YAMLL, nDRIDA REGISTRATION #7070 IGkATUIM DATE SCALE 1• = 20' MCI" BY PCL: PROFESSIONAL SURVEYOR AND YAPPER FH.EN.TIIN leo11 ale caoss L•REE[.Dnc i 7 of 7 F Exhibit B ZONING DISTRICT REGULATIONS § 54-2-5.10 XIV. Landscaping material, including trees, shall not obstruct the vision of the motoring public. The landscape requirements of article YJV shall further regulate development within all zoning districts, excepting single-family zoned districts. (2) Yards requirements. Table 54-2-5.10 provides the required yard setbacks. These setbacks shall be based on the following definitions of regulated yards. a. Yard defined. An open space at grade between a building setback and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the required building setback shall be used. L Yard, front. Ayard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the structure or any projections thereof, other than the projections of uncovered steps and those allowed per section 54-2-5.10(e)(2)f. On corner lots and through lots all yards, which abut the street, are considered front yards for setback purposes. 2. Yard, rear. A yard extending across the rear of a lot between the side lot lines and between the rear lot line and the nearest structure. On lots with one front line, the lot line opposite the front lot line shall be the rear lot line. On corner lots which abut two streets with front lot lines of unequal length, the rear yard line shall be opposite and parallel to the shortest front lot line. On a corner lot which abuts three streets, the remaining lot line shall be a side yard if it abuts a side yard and shall be a rear yard if it abuts a rear yard. 3. Yard, side. A yard between any structure and the side line of the lot, and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of any structure. A yard which is not a front or rear yard. b. Yard and building site requirements. Yards or building sites created after the effective date of the land development regulations shall meet or exceed the minimum requirements established in the Schedule of District Regulations located herein. No yard or building site existing at the time of passage of this article shall be reduced in dimension or area below the minimum requirements set forth herein. C. Special front yard regulations. 1. Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots. 2. Corner lots. There shall be a front yard on each street side of a corner lot, provided, however, that the buildable width of such lot shall not be reduced Supp. No, 13 LDC5:32.5 23 of 257 Exhibit C ROOTE LIST: Applicant Address ly �(P 4W--4k-A Lot �� Block Unit �SS 1r #1 # ##?################�#7####7f #If #P7 �####7 ##1#�tf #Tt##K1►##/f'1l#1► �" Received: Date Time Approved Comments: for Permit BYReleased Date (V 90 Time ############################################ ################ Contractor Licensinq: Review Date ri Time Comments: ey� Released Date U G% Time Zoninq: Review Date l�-lo W" Time Comments: B Released Date Y � � /Time � �Uv►/� Plan Review: Review Date ( //9- !6 Time re Comments: By Released Date Time Permit Issuance: Review Date IZ- �%h1f Time �,. I Comments: By - Released Date Z �- Time ,?L^ ############################################################# 24 of 257 CITY OF SEBASTIAN APPLICATION FOR PERMITS r zzzaassazs=ssa=a.aslsla===ssssszsz==zsssssasssz====aaazsss:=mss===saz==st' APPLICANT TO COMPLETE ALL ITEMS IN I, II, III, IV, V sssazss===xzsasrasa==zlsassc�==3=�:asssass===zzsssarsa===rr�as=asssa===a UNI I. LEGAL DESCRIPTION: LOT 45 BLOCK SID San Sebastian Springs ei y CONSTRUCTION ADDRESS: 616 Cross Creek Drive Sebastian FL 32958 5 • r INDIAN RIVER COUNTY TAX PARCEL #: 14 31 - 38 -00003 -0000 -000 45.0_ sasasssa===.z�zrsssss==;==sssassz====raoassss==s===ssssass=:==ss•sssas==== II. CONTRACTOR: Pioneer Screen Co, Inc. II � � PFIONE.561 340-4393 ADDRESS: 1682 SW Biltmore Street CITyPort Sz:. Lucie STATE: Florida ZIP: 34984 STATE REG #: == =Sas u s i s a a===_ w z i a r==== S 1' ! s z s a s s:z==== z i! t a a c s===== x z! z s! s=__= a s s f s i a=== III. OWNER OF PROPERTY: Mr. & Mrs. Jim Wray a ADDRESS: 616 Cross Creek Drive CIT.": Sebastian ST: FL DAYTIME PHONE NUMBER: 561 581-0735 ZIP: 3295.9 ss;slissass:==lsass=____==m;asssa======zssssislit=�=slalizz=_:_-=ss!!lzsa i IV. TYPE OF WORK: NEW XX ADD./ALT. REPAIR DEMOLITION _ Y RESIDENTIAL: x:CK COMMERCIAL: MULTI -FAMILY DESCRIPTION OF WORK: Install pool enclosure on exist-ing slab. PUBLIC SEWER: YES NO PUBLIC WATER: YES NO TOTAL SO. FT. 2043 CONDITION NON-COND. ESTIMATED FAIR MARKET VALUE S 4434.00 :sa=z•sa==sswa==mssesssassar=====azsssasss Naxos z•zszs=r= V. TOILETS BATE TUBS TLS/SHOWER SHOWER KITCH.SINK WELL LAVATORIES DISPOSAL WATER HEATER WASH.MACH.HOOK-UP LAUNDRY TUB HOSE SIBS DISHWASHER i n SERVICE AMPS TEMP. SERVICE OUTLETS/SWITCHES A/C TONAGE BEAT STRIP ===sasas cr=rasssatz==ssssss=sssssas sssxaaatsssaszn====rasa=======zaa;ssia APPLICANT MUST COMPLETE PAGE TWO AND SIGN PACE THREE ^%IF* 9 25 of 257 26 of 257 C2) hi_UrI l4fI_LUr•iI L=, 70I5L'.' 500 PAGE TWO •� i •':E.L OF THE BELOW SUB—CONTRACTORS "MUST BE LISTED WITH SPATE REGISTRATION NUMBER, CERTIFICATION NUMBER, OR SEBASTIAN i CUMPETENCY NUMBER, DEPENDING ON CONTRACTOR. THE CITY PROVIDES PRE—PRINTED POSTCARDS THAT MUST SE COMPLETED ENTIRELY FOR EACH SUB—CONTRACTOR LISTED AND UTILIZED BY THE CONTRACTOR. POSTAGE MUST BE ATTACHED TO EACH POSTCARD PRIOR TO SUBMITTING APPLICATION. DO NOT MAIL THE POSTCARDS YOURSELF, THE CITY WILL MAIL THEM. FAILURE TO COMPLETE THIS WILL DELAY YOUR PERMIT. aafis'7tsssisa==ss;flss=aaisfis=aaasss:�:=ssfss:s:=aasasa==asses==suss=xa.eS STATE REGISTRATION # SUB—CONTRACTOR NAME SEBASTIAN COMP. # ELECTRICAL: PLUMBING: j MECHANICAL: ROOFING: r ' CARPENTER: ;I DRYWALL: INSULATION: ' PAINTING: ' CONCRETE/MASONRY:: LATH!PLASTERINO: A!•UMINUM/ STRUCTURAL: Pioneer Screen Co, Inc. II ' 947 ALUMINUM/ ' NON—STRUCTURAL: SEPTIC: r WELL: r ..- CARPET: ' T I .L E : ' EXCAVATYNG/ CLEARING/GRADING:: TERMITE CONTROL: - 26 of 257 eL4 5- 1 - 109-8 07Pf i FP,!Y 1 SEEA';J I a✓' -COt f I CE, 56 t 5::92566 P 3, PAGE THREE APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT, AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION, INSURANCE, AND WORKMAN'S COMPENSATION. I UNDERSTAND THAT A SEPARATE SUB 41T MUST BL' OBTAINED FOR ELECTRICAL, PLUMBING, MECHANCIAL,.POOLS, ETC. PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS, SIDEWALKS, AND CURBS DAMAGED DOE TO THIS CONSTRUCTION SHALL BE REPAIRED TO THE SATISFACTION OF THE CITY ENGINEER ORTOR TO THE ISSUANCE OF A CERTIFICATE. OF OCCUPANCY. OWNER'S AFFIDAVIT: I CERTIFY THAT ALL THE FOREGOING INFORMATION IS ACCURATE AND THAT ALL WORK WILL BE DONE IN COMPLIANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND ZONING. WARNING TO OWNERI YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND OBTAIN FINANCING, CONSULT I R LENDER OR AN 4SNATURS ORS BEFO RECORDING YOUR NOTICE F MMEN ENT. , I - OP OWNE:�.�ryr��Y ATURE � IrtY COMIIIIIOY/ �MMt2 ; DATE; Decemb=r 8. '} MYCOIMNe�lON10C 201 T (� imher]� Ann K$23 N TAR Y AS TO OWNER OR AGENT NOTARY AS T C NT A ; MY COMMISSION EXPIRES: 10/13/2000 MY COMMISSION EXPIRES: a=ago assman aanaaaaam====s=aaaasemu am=====a aamen amaaam====saaage anaai:==aa DO NOT WRITE BELOW THIS `LINE / OFFICE USE ONLY BUILDING PERMIT # D i 11 ZONING JLTAZ APPLICATION RECEIVED BY T-z�- DATE �Z-✓ /0/ l Lv� ES PO -.d,10 SZ PLANS CHECKED BY � I'Z'%i-q'p'�SSUANCE BY: FLOOD ZONE: SLAB SURVEY REQQIRE . -------------------------- ------------------------------------ ------------------------------------------------------------------------- FEES BUILDING PERMIT $, p �� v PLUMBING PERMIT S ELECTRICAL PERMIT S �i MECHANICAL PERMIT $ RADON (STATE) $ OTHER S TOTAL FEES 27 Y. 2 �' ;;ERTIFICATE OF DEDICATION STATE OF FLORIDA CITY OF SEBASTIAN INDIAN RIVER COUNTY Know all men by these presents that the undersigned, being the owner In fee simple of these lands described hereon does hereby dedicate said lands and plat for the uses and purposes thereon expressed and dedicates to the perpetual use of the San Sebastian Springs Property owners Assoclatlon Inc, all roads and easements In this subdivision and are the perpe4'ual maintenance obligtion of the association with the full knowledge that the same are not dedicated to the public are not and will not be part of the City of Sebastian's System of Public Roads, and will not be Improved or maintained by the City of Sebastian. IN WITNESS WHEREOF, THE. UNDERSIGNED- Henry A. Fischel. ,lames T. Wadsworth, Dorthy Wadsworth, Hereunto set their, hand rand and seal on witness to alf signatures witness to all dlnatures 7 / f witness �o a s gnatures ACKNOWLEDGEMENT STATE OF FLORIDA INDIAN RIVER COUNTY CITY OF SEBASTIAN HENR �. IS H -- JAMES T. *r • i- .� yam_�H�__ �*-• • � -his is to certify 4h,o (in --� -' ..2�ake� uefure me an officer duly authoriled to task ow�ed�c ments In the State and City aforesaid, personally appeared Henry A. Fischer, James T. Wadsworth and Dorothy Wadsworth to me known to be the persons described In and who executed fire foregoing dedication and severally acknowledged the execution thereof. In witness whereof. I have hereunto set my hand and seal on the above date. NOTARY PUBLIC •� Q' __I: DIY COMMISSION '�'--___ aRTIF[UTE „r;F ._F Fl ORIDA �O N I Y OF INDIAN OF SURYLIQR RIVF R 32 of 257 IQ FPL July 29, 2019 Fred Clifford 616 Cross Creek Dr, Sebastian, FL 32958 Exhibit E Florida Power & Light Company, 3301 Orange Ave, Fort Pierce, FL 34947 Re: Platted Easement Encroachment San Sebastian Springs, Lot 62 Thank you for contacting FPL about the encroachment of 5 ft easement on the south perimeter of lot 62 San Sebastian Springs, PS 11, PG 92 in the platted utility easement at the referenced location. FPL has facilities on this easement but has no objection to this existing encroachment and will not require its removal, however FPL does not agree to the future encroachment of any other structures into the easement. If I can be of any further assistance, please contact me at (772) 489-6204. Sincerely, ArmlightMa n Project Man er A NEXTera ENERGY Company 34 of 257 Exhibit F 10-7-19 UNANIMOUS WRITTEN CONSENT IN LIEU OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF SAN SEBASTIAN SPRINGS PROPERTY OWNERS' ASSOCIATION, INC. The undersigned, being all the Directors of San Sebastian Springs Property Owners' Association, Inc., a Florida not-for-profit corporation, hereby consent, pursuant to §617.0821 Florida Statutes, as amended, of the Florida Not For Profit Corporation Act, to the adoption of the following resolutions in lieu of a Special Meeting of the Board of Directors: WHEREAS, the Replat of San Sebastian Springs Subdivision is recorded in Plat Book 11, Page 92 (hereinafter "Replat"); and WHEREAS, the Replat provides that all roads and easements as shown thereon are dedicated to the San Sebastian Springs Property Owners' Association, Inc. (the "Association"): and WHEREAS, the Replat provides that there is a five (5) foot Utility Easement along the front, side and rear of all lot lines of all lots (the "Utility Easement"); and WHEREAS, Fred "C1if" Clifford and Gloria Clifford, his wife (the "Clifford's"), own Lot 45 within the Replat located at 616 Cross Creek Drive, Sebastian. Florida 32958 (the "Clifford Lot"); and WHEREAS, the pool, pool deck and screen enclosure (the "Encroachment") located on the Clifford Lot encroaches on a diagonal up to a maximum of 3.7 feet into the 5 foot side yard Utility Easement on the Clifford Lot; and WHEREAS, Florida Power & Light Company, the electric provider for the subdivision has no objection to the Encroachment as evidence by its letter dated July 29, 2019 to Fred Clifford; and WHEREAS, the Clifford's have applied to the City of Sebastian, Florida, for a variance up to a maximum of 3.7 feet from the City's side yard setback requirements for the encroachment into the Utility Easement; and WHEREAS, the Board of Directors for the Association, the owner of the Easement right, has reviewed the Encroachment and determined that it is minimal, that it has been in effect for years, that it has no adverse effect on the Association or the utility provider (FPL) and that there is an additional 5 foot Utility Easement area available on the adjacent lot. (00 1 13713.DOCX. I I 35 of 257 10-7-19 The Board of Directors hereby adopts the following: RESOLVED, that the Association hereby consents to the Encroachment into the 5 foot side yard Utility Easement along the South lot line of the Clifford Lot as shown on that certain surrey prepared by Maxwell Geospatial, Inc. dated February 9, 2013 as drawing 18011 610 Cross Creek (the "Survey"). RESOLVED, that the Association hereby consents to and approves the Application for and the granting by the City of Sebastian, Florida of a variance of up to 3.7 feet for the Encroachment into the side yard 5 foot Utility Easement along the South lot line of the Clifford Lot as shown on the Survey. IN WITNESS WHEREOF, the undersigned have duly executed this Consent to be effective as of the day and year written below. Dated: (Wes' W_( 2019 /,Q0 1 /0- 7 '41 v/1, �- Wnry A ony ischcr, Director, Presidentetscy the , ire�or � IL %Henry A drew Fischer, Director, Vice President Eric C. Fischer, Director, Secretary/ < Treasurer N/A Fred Clifford, Director Due to a conflict of interest Fred Clifford has abstained and will not sign this Consent. 1401137 13.DOC-X.1 1 2 36 of 257 F_�, swvvo"G'- Exhibit G `N•a cwn)E-s,{G1anC"w,C�Ff�-d, �vKchc�ed 4#�-e �,��e,- �G(6Crvui�l�cIr, j ir.� 3(u�� SeGos�iarJs�� 1toleecmbv, zoi6. Now a-�eK awr, i-P.� ?-ooiii�>% eats &a&j V)D-Vj& (� t �JIA AD k)O, hose a vc�,,-��n� oo�j Was Gable ���t �y COf\+�A:ZLksses, Va�� LN {D 37 of 257 QCi `�U',�1��QM¢ �77I�-"CiE-�rMlnt�i`OnS bv, `{i¢iu-..hi o� Gv U l rJ A A "o v -d Lot 45 -F sa�s�h�I�a Cis` C'�-f1 k Circle scde of ori Srirc_Q U�vF�a�eR, �?.-{-k11.�J�iseC�eR� F�c� T i)aux,C�q�y�l G?l 4FnQ EleC-in Q.iSQ W.,io� CJ.���¢.-'h.ES i�J c SEbGshQ>"Y"rts' �6rAl of Lo} <F5, 4� f use baw,cla� ma kea W�n� ��ai4ech WO(\e-oF�#�{G *vi �.`�;c4a��Cka4Fefa) OL I�1 ��COICX� PO�LN�4.�`�(J WIvtJ� SIA�VE ORS 1�1C llS ECS Seems Ur,ruo ed. VJe to b aO4AA n� Cav�d 6&, �j1�cPd auN) �,71.r..z, b ���'.{-`ont! kk reasG(\ iv voiL F�>-� 3Aatg, c�,j lGv-5 eor�jEv- 6-c Lk R-Emoved. 38 of 257 Vaf�aj-,-cq is {� �I-c a Ccs �F S4h G,,� Of Fro 4a,,, s ar\d-T�a- POO Dr\A iN IR9$. 40 of 257 ..n i Permit Application No. SEBA T!Ai City of Sebastian ` HO41f OF PFLICl.4 Is.Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Virg 1 , �A C-7th� `/l ) - 0 t t if � v' 1 Address: (r7 l 6-7 �. �� J{--� VC, 2 —5 ?—q ��j f P one Number: ) 1V\ IGS, ��L �r: ( I ) - � a JL4—T71 < -�icl�ll;C_ rdk4--15)14 Eai afS 9 -fflr� (W r Gal. ��,,� +Tcp� i C� Gtr( oze 4 Ccs Owner (If different from applicant) I Name.- Address: ame: Address: Phone Number: ( ) - FAX Number. ( E -Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC, SHALL BE ATTACHED AND 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM, �J A. Project Name (if applicable): B. Site Information {,� `� Address: {_ ��M S S G-ee <_C'C D� ILS S � ' . �' 3 a C� 1 59 Lot: 4� Block: Unit: Subdivision.- Indian ubdivision:Indian River Countv Parcel #: i - ) 0 0 -30 bon0O4�5f 0 Zonin Class'fication: Future Land Use: Existing Use: � Proposed Use: ` C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): _ ���CdYI �'_. C;C� --rvtZ�vC'_�oSL� DATE RECEIVED/�IL/-`-[ FEE PAID: $ a5 L O� RECEIVED BY: t �'►� 42 of 257 Permit Application Na. D. Project Personnel: Agent: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: I Name: Cka,-J Address 4 7\Lir' } Loo 1_1v1\1d. �' . [ �-�L . 34 991 Phone Number: FAX mbMnhi gr. (*4f - E -Mail: �h� I M IA) F� 1 a�. ��tl/\ r 3 - — /(V�!` EING FIRST DULY SWORN, DEPOSE AND SAY THAT: V_ I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, D THAT L T MATION, MAPS, DATA AND/OR SKETCHES PROVIDED 1N THIS APPLICATION ARE ACCURAT T EBF E KNOWLEDGE AND BELIEF. �T av1 q SIG TURE DATE :SWORN TO AND SUBSCRIBED BEFORE ME BY �P'_6t 1111111111111 WHO IS RSONALLY KNO I ME QR PRODUCED \\\\� ���f M; 80's f/�i�s kP AS IDENTIFICATION, THIS IT' DAY OF 7kt✓toP 120 �� �� ,• M15510N .O� �i NOTARY'S SIGNATURE S PRINTED NAME OF NOTARY p atil COMMISSION NO./EXPIRATION p(pg (p/� f j I y, o NFF96W q �9• SEAL: l 'd a� ed lh� t,•��� nd c � 1 �i �J- ` 00C undi . • O _:17 \``\ T 14N I 1 11 q� 43 of 257 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, 1.- THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE &+44)-40 jkC 174L-4& T- BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIA THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS C ENT G SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, YAN OYES, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 1 19 7 DATE Sworn to and crlb efore me by Fero F c, -I Ijs26 who is Je on me or produced as identification, this I T day of uuLjt 12019 . Notary's Signature Printed Name of Notary Commission No./Expiration `q TF WC,ce/� ItT24 ;ao Seal: ' _ ,,\\N, `,N X01 M' B°Sw y��4 ? o�•'U°�sA28..p�•P- 'e "o Fs . :• 2 AFF 966W 0 Pilo APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACKNOWLEDGMENT DATE 44 of 257 Permit Application No. Ma S How OF PELICAN KLAhD Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): ✓ variance(s) appeal(s) 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if neces ): a Of �� � nnM1M1 � lJllfl��601 k� 7 t 9z d Q Ccti�-re., ;n�OW6d t�- �t. She'aF r'v-'n uJr Q� V\\ kQlAtC1 s�' - 0, 4 3. Legal description of the property involved: C *:55 CITOK IV, � inn eT-1 -41F 3 t 3 X 1 m -W3 0 ao o eoo,-5.a 4. Attach the following: Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. _1 b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. JlSl� c. The names and addresses of all property owners whose property or part T of their real property is within 300 feet of any outer boundary of the lot or parcel of land that is subiect of the application. 45 of 257 Cna SE! HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastion.org PUBLIC NOTICE CITY OF SEBASTIAN 1.225 MAIN STREET INDIAN RIVER COUNTY, FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A RESCHEDULED PUBLIC HEARING ON WEDNESDAY, JANUARY 5T , 2020, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.2.2(d)(5)F OF THE SEBASTIAN LAND DEVELOPMENT CODE. FRED AND GLORIA CLIFFORD, IN REGARDS TO LOT 45, SAN SEBASTIAN SPRINGS SUBDIVISION REPLAT, LOCATED AT 616 CROSS CREEK DRIVE, ARE REQUESTING A VARIANCE FOR AN EXISTING SCREEN ENCLOSURE FOR A POOL TO BE AT MAXIMUM 1.3 FEET FROM THE SIDE PROPERTY LINE OF A CORNER LOT, AND ENCROACH INTO A 5 FOOT UTILITY EASEMENT, WHEREAS THE REGULATIONS FOR THE RS -20 ZONING DISTRICT REQUIRES THAT STRUCTURES MAINTAIN A MINIMUM SETBACK OF 15 FEET FROM THE SIDE PROPERTY LINE. ED DODD, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) 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. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published: Tuesday, December 24, 2019 46 of 257 SEBAS TIA HOME Of PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING FOR THE PURPOSE OF CONVENING ATTORNEY-CLIENT SESSION NOVEMBER 26, 2019 — 5:01 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Special Meeting to order at 6:00 p.m. A moment of silence was held and the Pledge of Allegiance recited. 2. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris Citv Staff Present: City Manager Paul Carlisle City Clerk Jeanette Williams 3. RECESS TO CONVENE ATTORNEY-CLIENT SESSION: In accordance with FS286.011(8) request was made by City Attorney James D. Stokes at the November 20, 2019 regular City Council meeting to hold an Attorney -Client session to discuss pending litigation in regard to the case: A. Pelican Island Audubon Societv, Graham Cox, and Donna Halleran v. City of Sebastian The session will be held in the City Hall 2"d floor Conference Room. ESTIMATED LENGTH OF SESSION: 1 112 Hours NAMES OF PERSONS ATTENDING: Mayor Ed Dodd, Vice Mayor Charles Mauti, Council Member Damien Gilliams, Council Member Jim Hill, Council Member Pamela Parris, City Attorney James D. Stokes, Special Counsel Daniel L. Abbott of Weiss Serota Helfman Cole & Bierman, P.L., City Manager Paul E. Carlisle and a Certified Court Reporter The City Attorney announced his request to hold the Attorney -Client Session on Case No. 2019 -AP -000142 with the above mentioned attendees and noted it was expected to last two hours. 47 of 257 Special Meeting Attorney -Client Session November 26, 2019 Page Two 4. ADDITIONAL ATTORNEY-CLIENT SESSION: In accordance with FS286.011(8) request was made by City Attorney James D. Stokes at the November 20, 2019 regular City Council meeting to hold an Attorney -Client session to discuss pending litigation in regard to the case: A. Sembler & Sembler, Inc. v. Citv of Sebastian The session will be held in the City Hall 2nd floor Conference Room. ESTIMATED LENGTH OF SESSION: 1/2 Hour NAMES OF PERSONS ATTENDING: Mayor Ed Dodd, Vice Mayor Charles Mauti, Council Member Damien Gilliams, Council Member Jim Hill, Council Member Pamela Parris, City Attorney James D. Stokes, City Manager Paul E. Carlisle and a Certified Court Reporter The City Attorney announced his second request to hold the Attorney -Client Session on Case No. 2019 -CA -0000712 with the above mentioned attendees. Mayor Dodd recessed the public meeting at 5:03 p.m. and everyone but the City Clerk relocated to the 2"d Floor Conference Room. 5. REOPENING OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY- CLIENT SESSION At 7:24 p.m. all attendees returned to the Council Chambers and Mayor Dodd announced the adjournment of the Attorney -Client Session and reconvened the Special Meeting. 6. CITY ATTORNEY ORIENTATION The City Attorney reminded Council that what was discussed in the prior meeting was confidential until the litigation comes to conclusion. He spoke regarding the requirements to adopt ordinances and resolutions; Council's three roles as legislators, policy administrators and their judicial capacity. He said F.S.166 governs municipalities as well as the City's Charter which can be amended by referendum or a court ruling. He outlined the general powers and duties of the City Council; noting they set policy (as a body) at the 30,000 foot level and hire charter officers to fulfill that policy. He noted it is up to the City Manager to direct staff as opposed to one of them who might put the employee in a bad position if they asked the employee to do something counter to the Manager's directive. He said the Public Records and Sunshine Law is very complex and invited them to call him if they had any questions at all. He noted the most important thing to know about a public record is the content of that record --if it is about City business, it's a City record. He advised that if they use their personal device to transact City business and there is a request, it is their responsibility to give those records. 48 of Z57 anti SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: January 8, 2020 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for the Amber Miller birthday party at the Community Center. BACKGROUND: Amber Miller is seeking Council approval to serve alcoholic beverages at the Community Center on Friday, January 10th from 5pm to llpm. They are expecting 50 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: City Manager Authorization Date: Z2f 150 of 257 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION Office Use Only, m A $250 Security Pd: SFJBAS-—� Date Initials 1 �* Rental Fee HOME OF PELICAN ISLAND 6.7% Tax 1225 Main Street Total Rental Pd' Sebastian, FL 32958 Date Initials Parks Phone: (772) 228-7054 FAX: (772) 388-8248 "For emergency purposes ONLY, please dial 772.473.0454 City Manager Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: Date: Community Center Name of Permittee (permits may only be issued to an adult) ON Wiphir, Physical Address ��-- City State ea �(+hd Qo,,�'cju son for Rental-� Type of F nn (If applicable) initials ❑ Yacht Club Name of Organization (if applicable) Mailing Address (if different) Phone E -Mail Anticipated Number of Attendees (if more than 76 attendees, police services are required by R-10-16) Req sted 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 �n Po -N 1 j p m Time: Prom To H Date of Birth Verified by I, AMW r" I i �<* , 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 qeposit. Signature of Applicant Revised 10.18.2019 151 of 257 uz3 CITY OF SEBASTIAN 1349 PARKS & RECREATION RECEIPT mttLer ' Name `Mrd 1.3 Cash 1 -2" 11 l 19 Date ❑ Check CC C_Veytt' I�o lzo # �1� f� Credit �.I rTw Amount Paid 001001 208001 Sales Tax 1. , 41 001001 220000 Security Deposit 2-6-0,00 001501 362100 Taxable Rent _2001,00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services eAvo_ hoar 3 to .C)© x,30 / ht N m Total Paid 495 7/ O Initials N White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant Cn v an C( SEAT -V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: January 8, 2020 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for the Barbara Radebach birthday party at the Yacht Club. BACKGROUND: Barbara Radebach is seeking Council approval to serve alcoholic beverages at the Yacht Club on Saturday, February 1 st from 12pm to Spm. They are expecting 40 people. 1F AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A Administrative Services Department/CFO Review: ATTACHMENTS City Manager Authorization: G Date: % /2 7// 1. Facility Rental Pen -nit Application 2. Receipt(s) 153 of 257 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION SE BAST _ HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 *For emergency purposes ONLY, please dial 772.473.0454 Office Usely $250 Security Pd: ! � (o oF IDa in ti iii Rental Fee �� 6.7% Tax Tolal Rental Pd: I _� Date Initials City Manager Approval: Date Initials City Council Approval: Date (if appficable) Police Hire Verification: Of applicable) initials Date• -Oi- o ❑ Community Center lei Yacht Club Name of Permittee (permits may only be issued to an adult) Name of organization (if applicable) 1.13 AM1))V_T' /�'/9- Physicai Address -B t9 5 ; //9 -Al !— City State Reason for Rental — Type of Function Mailing Address (if different) TZ '- Vg� -- 30o Phone E -Mail �&j 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 1-Z AIr)c"i H P.M. Time: From To yQS A10 \,I2 S Date of Birth Verified by 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. ig� Applicant Revised 10.18.2019 1 154 of 257 CITY OF SEBASTIAN 1355 PARKS & RECREATION RECEIPT Name Jam.?-� Cash Date / a to 1 ! t9'Check # a ❑ Credit /ADA E) / - pM Amount Paid 001001208001 Sales Tax g•: ? 001001 220000 Security Deposit dJr�. CO 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 Total Paid 373 .31W nitials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 155 of 257 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 Vacant Council Member 1112019-1112021 Gilliams term to expire at the end of Council Member's term in 2021 Larry Napier Council Member 1112016-1112020 163 Harris Drive Dodd term to expire at the end of Dodd's Sebastian, FL 32958 term in 2020 larrvnat]lera,outlook. com (772) 388-2070 Bruce Hoffman Council Member Hill 1112019-1112020 203 Chello Avenue term to expire at the end of Hill's Sebastian, FL 32958 term in 2020 b2bmhoffman(d)hotmail.com (772) 913-3187 Ed Herlihy Council Member 1112019-1112021 474 Seagrass Avenue Mauti term to expire at the end of Council Sebastian, FL 32958 Member's term in 2021 edherlihv @,,bellsouth.net (772) 388-0665 Vacant Council Member 1112019-1112021 Parris term to expire at the end of Council Member's term in 2021 Harry Hall At -large Member Term to expire November 2020 214 Joy Haven Drive Sebastian, FL 32958 harrvndee(@.hotmail.com (772) 581-1893 Amber Cerda At -large Member Term to expire November 2020 456 Ponoka Street Sebastian, FL 32958 Amberlvnn823a_amaii.com (772)360-5885 156 of 257 Andrea Ring 407 Quarry Lane Sebastian, FL 32958 (276) 920-1715 And rearingCa7att.net Alternate Member (casts vote if first council appointee or at -large member is absent) Keerthi Weragoda Alternate Member 191 Port Royal Court Sebastian, FL 32958 (casts vote if second Ratan.weragodaa-arnaii.com council appointee or at - (772) 228-8224 large member is absent) Code 2-223 provides City Manager is an ex -officio Member it/zoo Term to expire,5L21020 I t Zc�LO Term to expire 71 4 regular or at -large members are needed to make a quorum. In the event a regular or at- large member cannot make the meeting, an alternate steps in. 157 of 257 LIB OF SEBASMA HOME OF PELICAN ISLAND COUNCIL MEETING DATE AGENDA ITEM TITLE RECOMMENDATION CITY COUNCIL AGENDA TRANSMITTAL January 8, 2020 Construction Board Interview, unless waived, and re -appoint Richard Wilcher to the Regular Member, Contractor Position — Term to expire 9130121 BACKGROUND: Richard Wilcher's alternate member position expired in September. He has indicated that he would like to serve again but the City Clerk requests that he be moved up to the regular member position. No other applications have been received for the openings on the Construction Board. ATTACHMENTS: Application, Ad, List City Clerk AuthorizationUrA Date: 1)--30 f q J 158 of 257 CrrY OF HOME OF PELICAN ISLAND December 30, 2019 Contact: Jeanette Williams 388-8215 PRESS RELEASE CONSTRUCTION BOARD The Sebastian City Council is accepting applications for the following volunteer positions on the Construction Board: One Regular Member, Electrical Contractor Position — Term expiring 912022 One Regular Member, HARV Contractor Position — Term expiring 912022 One Regular Member, Contractor Position -- Term expiring 912021 *— One Alternate Member, Concerned Citizen Position — Term to expire 9/30/2022 Applicants must be City residents. Please be advised these positions are subject to financial reporting requirements. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Application forms are available in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 am and 4:30 pm or downloaded from www.cityofsebastian.org Applications will be accepted until filled 159 of 257 01,V CSF SEBAST_ �N HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: pZ ra l m I CI V-a,lp_ .(2,Y' iQjzp— City: G-a!bCIS + 10.YI State: F L - Zip:` q6q Telephone: (_i LA 1) ) (q ,4 - E -Mail Address: X[ih1r Jlatt,. IEBasA i 7cLT W 12ma A -Com Employer: E t, I RGM City: Business Telephone: ( State: Zip: I am interested in serving on the following boards)/committee(s): 1" Choice: CQ�S rU(, ,_V (C IR ZoA2b, 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years –next meeting in 2015) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment *"Must be resident one year prior to opplication. 160 of 257 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) �'J � ar J �� e • � � ��1L �{�a 1 I _ _ 1.�.� ,� ► � Jr ' � . t...1 � � :yam; . t �♦ Do you presently serve on another City Board or Committee? 1i G If yes, please list: Have you previously served on any other City Board or Committee? _ W 0_ If yes, please list: P-AAAL,J At4Jm L). will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial interests. http://www.eLhics,state.fl.us/ethics/torms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part W) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.pov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: (0 Date Received by City Clerk's Office & by:4W 161 of 257 CONSTRUCTION BOARD 3 -YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 6:00 P.M. MEMBER NAME AND POSITION APPOINTMENT CURRENT ADDRESS HISTORY STATUS VACANT Electrical Bulla's position Term to expire Contractor 9/30/2022 Position Jean Carbano Regular Reappointed Term to expire 433 Betty Avenue Concerned 10/11/17 9/30/2020 Sebastian, FL 32958 Citizen Reappointed Jeanne4199(a)aol.com Position 9/10/14 581-1397 Reappointed 10/12/11 Reappointed 9/24/08 Reappointed 9/14/05 Took Stuart Houston's position 6/13/01 James Fortier —Chair Plumber Position Reappointed Rea Term to expire p 1301 Dewitt Lane 10/10/2018 9/30/2021 Sebastian, FL 32958 James(a.seaoaksbt.com Reappointed 473-2043 9/9/2015 Reappointed 9/26/2012 Took Reyes position 3/23/11 Andrew Manero — Vice chair Engineer or Reappointed Term to expire 1113 Blossom Drive Architect 10/10/2018 9/30/2021 Sebastian, FL 32958 Position atmanero a(D.qmail.com Took Redden's (561)901-3513 position 11/18/15 162 of 257 Jack Crockett Regular Reappointed Term to expire 103 Thunderbird Drive Contractor 10/10/2018 9/30/2021 Sebastian, FL 32958 Position Parris' position Term to expire iohncrockett(a bellsouth.net Took Berry's Citizen 581-0495 position 5110117 VACANT HARV Dalessandro's Term to expire Contractor position 9/30/2022 VACANT Regular Zullo's position Term to expire Member 9/30/2021 Contractor VACANT Alternate Parris' position Term to expire Concerned 9/30/2022 Citizen Position Richard Wilcher Alternate C t Apptd 7111118 Term to expire 14 9/30/2019 221 Midvale Terrace ontrac or Roux's position Sebastian, FL 32958 Position iohniaviehosafat(ab.gmail.com (240) 695-3163 Per Code 26-198 — Building Oficial, Wayne Eseltine, shall initiate proceedings, make recommendations, report on each matter. 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 163 of 257 MYOF SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 8 January 2020 Agenda Item Title: Recycling Ordinance 0-19-07 Recommendation: Provide approval, after the second reading and public hearing (tabled from December 11, 2019), for Recycling Ordinance 0-19- 07. Background: The proper management of solid waste is a critical component of a community's infrastructure and contributes to the overall quality of life. Section 403.7032, F.S. established a statewide recycling goal for the state of Florida. Based on these requirements, local governments should have the goal of reducing the amount of trash that enters the waste stream. A waste management sustainability plan should address a variety of methods to reduce the amount of waste going into the waste stream and reducing the cost of waste removal and storage, and extend the life of a landfill through participating in the three R's of the waste stream; reduce — reuse — recycle. Waste management and recycling is currently provided as part of the Indian River County Waste Management program. The City of Sebastian does not currently address "Recycling" in their codes and specifically prohibits "salvage yards and junkyards" in the City limits. Recyclable material facilities bundle recyclable materials and sell to a facility where they are refabricated or repurposed into new products. A land development code amendment application has been filed with the City requesting a new zoning classification and definition for the recycling industry (a green industry), recognizing recycling as a separate district use from scrap or junk yards, and allowing for recycling as a conditional use under the industrial zoning district. A site plan has been submitted separately from this application proposing a Scrap Metal and Recycling operation. Review of the site plan has not yet been completed and will go before the City Planning and Zoning Commission at a future date. Staff has conducted a review of city codes, similar codes from local govenvnents, and existing State Statues. The proposed ordinance has been presented for consideration and recommendation to the Planning & Zoning Commission on October 3, 2019. The commission recommended approval with the following changes which have been incorporated. A motion ivas made and unanimously approved, recommendingto City Council Ordinance 0- 19-07 Code of'Ordinance & Land Development Code Amendments amending the Code of Ordinances with the"following changes, • Under Article V1, Item 1, the minimum lot size shall be two acres. Adding an Article X to Item ],as discussed. 164 of 257 The Ordinance was presented to the City Council on November 20, 2019 for first reading with no changes, and moved forward for second reading and public hearing on December 11, 2019. Additional clarifications were requested at the December 11 `h City Council meeting which resulted in tabling the final approval until the January 8, 2020 City Council meeting for further review and revisions. The final clarifications requested by Council are found in the revised Ordinance in blue. If Agenda Item Reauires Expenditure of Funds: N/A Administrative Services Department/CFO Review: Attachments: 1. Ordinance 0-19-07 2. Application 3. Zoning Map City Manager Authorization: v Date: 8 January 2020 165 of 257 ORDINANCE NO. 0-19-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 86, ARTICLE III, BY ESTABLISHING A DEFINITION FOR "RECYCLABLE MATERIALS"; AND AMENDING THE LAND DEVELOPMENT CODE, ARTICLE XXII — LANGUAGE AND DEFINITIONS, BY ESTABLISHING DEFINITIONS AND LAND USE CLASSIFICATIONS FOR "RECYCLING OR MATERIALS RECOVERY FACILITIES"; AND AMENDING ARTICLE V - ZONING DISTRICT REGULATIONS, BY ESTABLISHING RECYCLING OR MATERIALS RECOVERY FACILITIES AS CONDITIONAL USES IN THE INDUSTRIAL ZONING DISTRICT; AND AMENDING ARTICLE VI — CONDITIONAL USE CRITERIA, BY ESTABLISHING SPECIFIC CONDITIONS FOR RECYCLING OR MATERIALS RECOVERY FACILITIES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify and update certain definitions of the code; and WHEREAS, Objective 1-1.5: INDUSTRIAL LAND USE (IND) of the Comprehensive Plan states that "salvage yards,...shall be prohibited", and WHEREAS, Section 54-2-5.6 Industrial District (IN) provides that "salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian"; and WHEREAS, the proper management of solid waste is a critical component of a community's infrastructure and contributes to the overall quality of life. Section 403.7032, FS established a statewide recycling goal for the state of Florida. Based on these requirements, local governments should have the goal of reducing the amount of trash that enters the waste stream; and WHEREAS, a waste management sustainability plan should address a variety of methods to reduce the amount of waste going into the waste stream and reducing the cost of waste removal through participating in the three R's of the waste stream, reduce — reuse — recycle; and WHEREAS, a land development code amendment application has been filed with the City requesting a new zoning classification and definition for the recycling industry (a green 1 166 of 257 industry), recognizing recycling as a separate district use from scrap or junk yards, and allowing for recycling as a conditional use under the industrial zoning district; and WHEREAS, the Local Planning Agency held a public hearing on October 3, 2019, and made a recominendation to City Council to approve Ordinance 0-19-07. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section l.. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: Chapter 86, Solid Waste. ARTICLE III. Junk, Sec. 86-46. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b) "Open-air storage" shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage. (c) "Recvclable materials" shall include waste materials that can be used to manufacture a new product or reuse of the material for a similar or original num_ ose or waste that can be converted into reusable material. Snecificallv prohibits "Junk" as defined in (a) except for the following: household appliances, scrap metals, tanks, casks, cans. barrels. boxes. drums, piping. bottles, glass, old iron, paper, or anv other kind of common household items. 167 of 257 Section 2. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Article XXII, Language and Definitions, Sec. 54-5-22.2 Dermitions Reevclinz or Materials Recovery Facilities. Operating facilities for separating and sorting reevelable materials from nonhazardous waste streams. Operations shall be conducted inside a building and ternporarily not greater than 48 hours) stored outside prior to delivery to a venrianent site for reuse and or processing into new products. Article V, Zoning District, Sec. 54-2-5.6 Industrial District (IN) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Recvclinv or Materials Recovery Facilities Accessory uses to conditional uses Article VI, Conditional Use Criteria, Sec. 54-2-5.6 Industrial District (IN) (36B) Recvclinz or Materials Recovery Facilities a. Applicable zoning districts. Recvcling or Materials Recovery Facilities shall be pennitted as a conditional use within the following zoning districts: IN. b. Conditional use criteria. Recvclinv- or Materials Recovery Facilities will be allowed provided the following conditions are met: 1. A site plan meeting all the reouirements of Article X and Article XVIII, including an operational elan describing the tvpe of materials accented, the method of screening. handling. storing. disposing. marketing. and turnover of stored/stockpiled material, and means of complving with applicable environmental regulations. 2. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. 3. All operations shall be conducted entirely within an enclosed building and no portion of the site may be used for outside storage greater than a 48 hour period. 4. Outside storage (no greater than a 48 hour period) may be aouroved by the planning and zoning commis ion if sufficient land area and secondary containment is provided together with screening and buffering to prevent anv adverse impacts on 168 of 257 adiacent lands and residential areas as noted in conditions 5, b, and 7 below. Secondary containment must meet minimum standards for open-air storage facilities. 5. No buildina shall be located closer than 54 feet to any property_ line abutting a residential district. 6. There shall be a minimum lot size of two (2) acres. 7. Screening: All side and rear vards between the recvclina facility and adiacent properties having a non-commercial use or non-commercial land use designation shall be screened in accordance with the standards established in section 54-3-14.16(c)(1) or greater. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 4 169 of 257 Mayor Vice Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2020. X1111*1-9 Jeanette Williams, MMC City Clerk 5 CITY OF SEBASTIAN, FLORIDA By: Mayor Approved as to form and legality for reliance by the City of Sebastian only: James Stokes, BCS City Attorney 170 of 257 0TY OF SEBAST Permit Application No, City of Sebastian HOME OF PELICAN ISLANt) Development Carder Application j Applicant (If not owner, written authorization (notarized) from owner is required) Name- Red Warrior Holding Corp. Address. 9210 44th Avenue; Sebastian, FL 32958 Phone Number: (, 772 '' 539 - 3073 FAX plumber: ( ) E -Mail: warriorlanes@att.net and/or crowdyamber@aol.com Owner (If different from applicant) Name: Same as applicant i Acdress Phone Number: ( j - FAX NLrnber: ( ) E -Mail: — — Title of permit or action requested: Code Amendment (Text Amendment) PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS. SURVEYS, DRAWINGS, ETC SHALL BE ATTACHED AND 8-1/2" 3Y 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Warrior Scrap Metals B. Site Information Address: 7701 130th Street Lot: Block- Unit. Subdivision. 17 Berry's Subdivision Indian River County Parcel #: 30-38-21-00006-0170-00003.0 Zoning Classification: Future Land Use: IN Industrial Existing Use: Proposed Use. Hall with Offices Metals Recycling Facility C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv;: A facility where recyclable materials are sorted and temporarily stored prior to delivery to a permanent site for reuse and / or processing into new products. DATE RECEIVED: (�7 /g/I'l FEE PAID: 1,5oo 4-- 0 RECEIVED BY. 1 - 171 of 257 Permit Appticatjon No. D. Protect Personnef: Agent - Name. MBV Engineering, Inc. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number. 1772 i 569 - 0035 FAX Number' E -Mail: mbveng@mbveng.com Attorney: Name: Address Phone Number FAX Number, E -Mail, Engineer. Mr. Aaron Bowles, P.E Name: MBV Engineering, Inc, Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: { 772 1 569 - 0035 FAX Number, ; E -Mail; aaronb@mbveng.com Surveyor: Mr. Steve Cartechinie 'S Na I't"tE: Indian River Survey, Inc. Andress 1835 20th Street; Vero Beach, FL 32960 Phone Number t 772 569 - 7880 FAX Number: E -Mail; stevec@indianriversurvey.com 1 Tracy Cook BEING FIRST DULY SWORN, DEPOSE AND SAY THAT' X IAM ?HE OIAI ER _ I AM THE LEGAL. REPRESENTAT3VE OF THE OWNER OF 'INE PROPERTY I)ESCRI£ LID 'WHICH 15 THE SUBJECT MATTER OF TWS APPLICATION, AND THAT ALL THE INFORMATION. MAPS. DATA AND/OR SKETCHES PROVIDED IN THIS APPL[CATION ARE ACLU TE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE ©ATE SVuoRN TO AND SUBS IBED EF'ORE ME BY WHO I5 PERSONALLY KNO O ME OR PRODUCED AS I©ENTIFiCAIION, THIS _2&_ DAY OF Ak 20je- - NoTARY's SIGNATURE -- PRINTED NAME of NOTARY COMMISSION NoJExt31I~,ATICiN SEAL: JESSICA HAWKINS My CO#A6AtS *N # W 252457 ot: EXPIRES: October 22, 2022 gVAW Thru Notary Public lledemikim 172 of 257 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals, IIWE, _X_ THE OVVNERSS) / — THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Plannino & Zonino BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MYIOUR PENDING APPLICATION- IIWE HEREBY WAIVE ANY OBJEC110N OR DEFENSE IIWE MAY HAVE. DUE TC THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY10UR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING, THIS WAIVER AND CONSENT IS BEING SIGNED BY ME!US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR OMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. x C7 Q�-1 SIGNATURE DATFr Sworn to and subscribers before me by Tr,D_Cq Cook who is personally known or produced as identification, this 29 day of 20 lc` Notary's Signature Printed Name of Notary Sri Cr? H 2c k+� Commission No /Expiration Seal el My COApr14�M 0 G 252457 EXPli2ES:WOccidw 22, 2422 'yrFg{fW Bonded Tluu Notary PO* Users APPLICATION FEES ARE ESTABLISHED SY RESOLUTION OF CITY COUNCIL, ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. Ct ACKNOWLEDGMENT DATE. 173 of 257 v. D I I Permit Application No, Supplemental Information ' Land Development Code Amendment M„ (ATTACH ADDITIONAL PAGES IF NECESSARY.) X 1. Current text (cite page): a) create a new zoning classification and definition for the recycling industry recognizing it as a separate distinct industry from scrap or junk yards. b) Allow for recycling as a conditional use. X 2. Proposed text : Recycling Facility: A facility where recyclable materials are sorted & temporaily stored prior to delivery to a permanent site for reuse and/or processing into new products. See attached. X 3. Describe the impact of the proposed change on the Land Development Code and applicable ordinances of the City. See attached. X 4. Is the proposed amendment consistent with the elements of the comprehensive plan? If not, which one(s)? Yes, it is consistent with Objective 1-1.5 of the Future Land Use Element. While the Comprehensive Plan references salvage yards as prohibited, this action seeks to separate the recycling industrial (a green industry) from the salvage business. X 5. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? if not, which one(s)? Yes. We appreciate your consideration of this request that the Recycling Facility be determined to bi. a Conditional Use in the Industrial district. We believe that this use is consistent with the purpose & intent of the zoning district, the Land Development Code, and the Comprehensive Plan. Form CD -2028 page 9 of 9 LDC Amendment I Approved: 8/27/97 Revision: File Name: Sildcamd i 174 of 257 I 2. Proposed Text: Section 54-5-22.2 Definitions Recycling Facility: a facility where recyclable materials are sorted and temporarily stored prior to delivery to a permanent site for reuse and/or processing into new products. Sec. 54-2-5.6. - Industrial District (IN). (a) Intent. The intent of the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for limited industrial development on land designated IN on the future land use map. All development in the IN District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian. Such activities are more appropriately located near major regional transportation facilities. (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive-through facilities Gasoline sales Crematory Commercial retail with:S 5,000 sq. ft. Pharmacies Medical marijuana dispensaries Commercial amusements. enclosed Storage facilities Plant nurseries Restaurants with or without drive-through facilities Trades and skilled services. including marine -related Wholesale trades and services Fanners market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges. public and private Schools. public and private Educational institutions. marine related Administrative services, public and private Vehicular sales and related services Accessory watchman facilities Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to permitted uses 175 of 257 (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Recycling Facility E- new addition Accessory uses to conditional uses 3. Describe the impact of the proposed change: This amendment seeks to acknowledge the recycling industry as separate and distinct from junk and salvage uses which are considered to be a nuisance). The North American Industrial Classification System (NAILS) code is a system of industry classifications codes are used by businesses and government authorities to differentiate types of business according to their process of production. In consultation with Hamilton Galloway, Head of Consultancy for Oxford Economics — Americas provided some insight into how NAICS classified Recycling Facilities similar to this one. Oxford Economics is a recognized leader in global forecasting and quantitative analysis, with the world's only fully integrated economic model and 250 full-time economists. It should be noted that NAICS utilizes a different classification for recycling centers as "Materials Recovery Facilities" with a NAICS Code assigned of 562920: This industry comprises establishments primarily engaged in (1) operating facilities for separating and sorting recyclable materials from nonhazardous waste streams (i.e., garbage) and/or (2) operating facilities where commingled recyclable materials, such as paper, plastics, cans, and metals, are sorted into distinct categories. NAICS goes on to indicate that Recycling (or Materials Recovery Facilities) are NOT scrapyards or junkyards which are classified as 423930: Furthermore, many municipal and county land development regulations make distinct differences in their codes for Recycling Centers as being separate and unique from Scrap/Waste uses. Two examples are from Durham, North Carolina and Jefferson County Colorado. Recycling Center: A building or area where the primary activity is the separation of materials prior to shipment for remanufacture into new materials. Junk yards, salvage or wrecking yards are not included in the definition of Recycling Centers (they have their own definitions). (Durham NC) A facility where recyclable materials are sorted and temporarily stored prior to delivery to a permanent site for reuse and/or processing into new products. (Jefferson County, Colorado) 176 of 257 Wholesale Trade is a permitted use in the Industrial Light district and is a comparative type of use in terms of traffic circulation, parking, noise, hours of operation, buffers, impacts on adjacent properties, stormwater treatment etc. And a Recycling Facility should be considered a less intensive use than many other permitted uses including the nebulous "industrial uses", a utility, marine power sales and service, wet/dry storage of boats. The Warrior Recycling family is committed to helping communities make a green choice, by giving options for the adaptive recycling of not just plastics, glass and metals, but also electronic devices. The Recycling Facility would be open Monday through Friday 7:30 AM to 5:00 PM, and on Saturdays from 7:30 AM to 2:00 PM. Indian River County allows recycling centers by administrative approval: Section 971.26. - Industrial uses. (2) Recycling centers (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971.04): A-1 A-2 A-3 CH IL IG. (b) Criteria for recycling centers: 1. A site plan meeting all the requirements of Chapter 914, including an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing, marketing, and turnover of stored/stockpiled material, and means of complying with applicable environmental regulations; 2. A Type "B" buffer with eight (8) foot opaque feature shall be provided between the recycling facility and adjacent properties having a non-commercial use or non-commercial land use designation; 3. All stored recycling materials must be completely screened from adjacent properties and road rights-of-way, and configured and provided access in a manner acceptable to the fire department; 4. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 93-29, § 5J, 9-7-93; Ord. No. 2012-020, § 8, 7-10-12) 177 of 257 M LF SEEVkSTIAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: January 8, 2020 Agenda Item Title: Lifting The Moratorium for herbicides to allow for testing of organic herbicide Recommendation: Lift the Moratorium for the Spraying of Herbicides to allow the testing of EcoMight W.O.W. on aquatic vegetation Background: On November 20, 2019 the City Council placed a moratorium on the spraying of all chemicals in parks and waterways. As a result the City has not been able to test the EcoMight natural herbicide, W.O.W. on aquatic vegetation. Staff is requesting that the City Council consider lifting the Moratorium for the purpose of testing W.O.W on aquatic vegetation. City Mana Authorizatio Date: January 8, 2020 179 of 257 cC CIT? OF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 8, 2020 Agenda Item Title: Attorney Ranking Recommendation: City Council to confirm the ranking of the Attorneys for interview BackLyround: At the December 11, 2019 meeting City Council ranked the applicants for the City Attorney position. It has been requested that the applicants be reconsidered and a new vote taken. In reviewing the minutes and the documents there was an error in the ranking of the 4th raked individual/finn and so the firm that should have been ranked fourth was Weiss Scrota Helfman Cole & Biennan and not Sherry Sutphen. Council can decide if they wish to proceed with the top three candidates as they are unchanged and or place Weiss Scrota Helfi-nan Cole & Biernlan as the number four firm and begin interviews. Council can ask that re vote take place with all council members in attendance. 1. Letter from Council member Gilliams 2. Letter from Council member Mauti 3. Score sheets. City M ger Auth rifzation: Date: January 8, 2020 180 of 257 CITY OF SE STIAN HOME OF PELICAN ISLAND 1225 Main Street • Sebastian, Florida 32958 (772) 589-5330 • www.cityofsebastian.org MEMORANDUM TO: Mayor & City Council Members Charter Officers CC: Craig Repel, Attorney FROM: Council Member Damien. Gilliams DATE: December 19, 2019 DECEIVED err 201J :y of Sebastian I am writing to object to the vote to create a short-list for City Attorney candidates. I believe that the vote was completely flawed and that a re -vote must be taken at the next Council meeting. My letter should not be seen as a complaint against what any Council member did, or with regard to that Council member's selections. It is a complaint strictly with regard to the procedure, which was, I believe, so deeply flawed as to be invalid. Let me explain why. 1) 1 think the manner in which the vote was tallied added to the confusion. First, the City Clerk was asked to tally votes. Given the confusion in balloting, the "clerking" responsibility was passed over to the City Manager, which unintentionally added to the confusion and flawed voting. However, what was more startling was that there was no agreed upon method for counting the votes. Was the short-list to be based on each Council member picking three applicants and whomever got the most selections would be shortlisted? Or was the shortlist developed by which candidate got the highest number of first place votes and second places votes? Was the shortlist to be calculated by adding up the number of points awarded by all of the Council members based on whether a candidate go one point for a top rating, two points for a second rating? This is apparently what the Clerk concluded, and the Mayor told her that you can't do it that way. This seemed to be the approach used by the City Manager. My point here is that there was no agreement by the Council on how the votes would be counted and what weight a vote would have. 2) 1 am concerned about the manner in which the vote was handled from a Sunshine Law perspective. I have discussed this with my attorney, and he has given me an opinion by the Florida Attorney General. Basically, the Attorney General states that under the Sunshine Law, secret votes are not allowed. You may remember that at the Council meeting I asked that all of the ballots be made public records. I really felt, and still do feel, that the individual votes of the Council members should be open to the public. However, the Attorney General's opinion suggests that at the very least who voted for which candidate should have been publicly announced at the meeting, and it may be preferable not to even use secret ballots. Simply take a roll call vote of the Council members and let then announce their choices. The process used involved a secret ballot, and. the vote of each member wasn't even announced after the vote. Unless, we clean up our act, we could have a problem. I am also concerned that our acting City Attorney, who I believe is one of the short-listed applicants, did not raise this issue. I am also concerned that if we see the vote as valid, someone could suggest that the Sunshine Law was not accurately followed. If we proceed with interviews based on the flawed vote taken and without a re -vote, I think the whole situation looks terrible. 181 of 257 CFY or 5EBA11$TMN HOME OF PELICAN ISLAND 1225 Main Street • Sebastian, Florida 32958 (772) 589-5330 • www.cltyofsebastian.org 3) We were to vote for three candidates. Yet, Mayor Dodd and Commissioner Mauti cast ballots for four candidates. 4) The vote tally sheet where all results were tallied indicates that Paul Gougelman received one vote. Notwithstanding this, the individual vote sheets indicates that both Vice Mayor Mauti and Council member Gilliams voted for Mr. Gougelman. Obviously, there was a miscount. Even more confusing is the manner in which the votes were counted. Both Vice -Mayor Mauti and I voted Mr. Gougelman as our top pick. If in fact that was the way votes were to be counted, clearly, that was not factored into the final vote count. 5) The vote tally sheet where all results were tallied indicates that Sherry Sutphen received one vote. However, the individual vote sheets indicate that both Vice Mayor Mauti and I voted for Ms. Sutphen. Obviously, there was a miscount, notwithstanding the fact that Vice -Mayor Mauti's vote apparently ranked Ms. Sutphen as fourth. Although Ms. Sutphen was ranked fourth in the selection, it is unclear how that was factored into the vote. I ranked her as my second pick. Vice -Mayor Maulti ranked her as his fourth pick. No one else voted for her, but oddly, she came out higher in the rankings than Mr. Gougelman who got two first place votes. 6) Notwithstanding the way in which the Sutphen vote was tallied, Gary Oldehoff was ranked with three votes, but in actuality one of his three votes was actually a vote cast by Mayor Dodd ranking him as fourth. So in the case of Ms. Sutphen a vote ranking her as fourth wasn't counted, but a vote ranking Mr. Oldehoff as fourth was counted. 7) Council member Parris cast three votes, but one of the votes wasn't for a candidate. Her ballot, as well as the tally sheet record, indicate that her third place ranking was marked in the colurim named "Attorneys." Thus, she only voted for two candidates, which disrupts the relative weight of her votes. It seems to me that we were voting for three different candidates, not four and not two. We should immediately suspend any further steps to interview attorney candidates until a re -vote is taken. Before the vote is taken, we should all agree as to the number of candidates you must pick, presumably three with no less and no more. Lastly, we should agree on how they will be rated for vote counting purposes. Only two candidates got two number 1 votes Gougelman and Migut. Consider this: should two candidates getting number I votes be rated more highly for shortlisting than three candidates who get number 2 votes, or should the reverse be true? I drink you can understand why we should agree up front how votes will be weighted. Very t 82 of 257 December 21, 2019 On the Matter of Questions raised by Councilman D. Gilliams' letter to the Mayor and City Council Members and CC'd to an Attorney (Craig Repel), dated 12/19/2019 To: City Manager and Members of the Sebastian City Council From: Charles M. Mauti, Vice Mayor Re: My responses and conclusion to Councilman Gilliams letter dated 12/19/2019 to the Mayor and City Council Members Introduction: Gilliams' letter brings up accusations relative to the procedure used to determine which attorney/attorney firms would be interviewed for the position of City Attorney or Legal Firm. He states that "the vote was completely flawed and that a re -vote must be taken at the next Council meeting." He cites violations to the Sunshine Law, and he also states an opinion from his attorney that was received from the Florida Attorney General. He, however, fails to cite which section of the Sunshine Law was purported to be violated and to include the opinion of the Florida Attorney General shared with his attorney. ➢ Essential Question: What is the basis upon which Councilman Gilliams thinks the vote was "completely flawed"? He states that his complaint is against the procedure used to choose those who will be interviewed ... he continues to state that the vote was "so deeply flawed as to be invalid." He then presents seven (7) paragraphs to defend his position. My responses to Councilman Gilliams' complaint and accusation that the Sunshine Law was violated are set forth below: In Paragraph # 1: Councilman Gilliams takes issue with the "manner in which the vote was tallied that added to the confusion." Here is the sequence of discussions that ensued: ➢ Initially, the City Council's discussion centered around the number of applications received. Some council members felt that there were sufficient applicants, while others felt that there were too few. ➢ Mayor Dodd stated that the last time the city advertised for an attorney, about 70-80 applications were received, and the Council, after reviewing all applications, found that they agreed on a small number to be interviewed — about 4-5 applications. Mayor Dodd stated that there was consensus around those chosen for an interview at that time. ➢ With that being said, the discussion then moved to whether a single attorney could handle all the city's legal needs or whether a firm would be better able to handle the legal needs of the city. ➢ There were differing opinions expressed ... Two council members openly expressed their preference for a legal firm because of the broad demands and needs of the city. No a 183 of 257 motions were offered, just opinions, comments and justifications for the opinions expressed. ➢ Mayor Dodd asked the members to look at the eight (8) applications received and rank them in order of preference; he asked each councilmember to take some time to review the applications once again and indicate their order of preference for each of the applications. Mayor Dodd asked the council members to order their choice first, second, third, etc. ➢ Mayor Dodd said that they could interview the top three identified by the council members ... some discussion ensued about interviewing all, or the top three, or four, or ... Mayor Dodd said that they would interview those who the council members wanted — Mayor Dodd even said we could interview all 8 applications. But, he thought the top 3 would be more viable and a 4th if one of the three was no longer interested in the position. Several council members supported a 411 candidate being a strong candidate in their opinion and felt that she should be interviewed. Thus, Mayor Dodd added a 41h candidate to interview if any of the other three were no longer interested in the position. ➢ The council members spent time to review the applications and marked their choices — there was no discussion as each worked to review and rank the applications as directed . Once completed, each member turned in his/her choices ranked as directed ...#1, #2, #3, etc. Councilman Gilliams took issue with who was asked to tally the rankings of the council members: first Mayor Dodd began the summary, then he turned the task over to the City Clerk She did so under the misunderstanding that the rankings were "points" given for an applicant ... when she reached a score of 12 points, she realized she made an error in understanding the rankings because, as Mayor Dodd stated, the lowest ranked application would get the highest score. The City Manager was then asked to tally the votes. He understood that rank meant 1st, 2nd, V, etc. and completed the tally correctly. He then announced the rankings of the top three applications and the ranking of a fourth application. He passed the applications with each councilman's votes noted to Mayor Dodd. Mayor Dodd announced the rankings by application name and added a 4th to also be interviewed if one of the three no longer was interested. Some comments followed, and Mayor Dodd said that the council would interview the four application selected. My Response: It appears by his statements that Councilman Gilliams, himself, did not understand what "ranking the applicants in order of preference meant" — he confused whole numbers, integers, rational numbers, etc. with ordinal data, as did the City Clerk. Further, Councilman Gilliams states that there was "no agreed upon method of counting the votes." The direction from Mayor Dodd, however, was to rank the applications —this was clearly stated. To summarize the rankings, counting the rankings was what was needed, not counting the votes. This is just what the City Manager did. The short list was then given to Mayor Dodd. He bn announced which applications receiving the highest number of #1, #2 and #3 rankings ... Some a, 184 of 257 discussion followed, and Mayor Dodd agreed that the Council would interview the top 3 applications, with the fourth being an alternate if one application withdrew. Again, some discussion followed — Then, Mayor Dodd agreed to interview the top 4 applications. NB: It is important to understand that ordinal data (which are rankings) are not subject to arithmetical operation- ordinal data are not points on an interval or ratio scale. Yes, ordinal data is open to descriptive statistical operations, but not to arithmetical operations (addition, subtraction, division and multiplication). It seems that Councilman Gilliams was confused by the nature of ordinal data, as was the City Clerk. The City Manager, however, who completed the Councilmen's/woman's rankings was correct in the way he summarized. In Paragraph # 2: Councilman Gilliams references the Sunshine Law but does not cite which section he is referencing — He writes that under the Sunshine Law, "secret votes are not allowed." This is true, but "secret votes" in contrast to independent votes are two different actions. How does "secret votes" apply to the City Council members ranking the applications individually without any collusion or influence by other council members, and the City Manager and Mayor announcing the rankings? Calling the process "secret ballots" is provocative, subjective and misleading. The rankings were completed as the council members sat on the dais with all the public present in the chamber and those listing at home as well. In addition, the acting City Attorney, who was present at the meeting, did not object to the process being implemented. My Response: If Councilman Gilliams believed that individual votes by the City Council members be made public, his responsibility was to make a motion to do so. Further, the question begs to be asked: How was the Sunshine Law violated? The votes were made public by the City Manager and the Mayor. Councilman Gilliams did not make that clear in his Paragraph #2 statements; he did not acknowledge that the rankings were made public, and he provided no citation in the Sunshine Law to support his claim. It is important to remember that a legal response, any response for that matter, depends on the question asked; there is no indication what exactly was asked the Florida Attorney General. Thus, her response should not be used to support Councilman Gilliams argument because what she was asked is not specified. Also, discussions about hiring personnel are protected and not open for public scrutiny ... Is this one of those situations? Yes, final decisions are open for public view and scrutiny (i.e. what criteria was used to choose who was selected, their qualifications and experiences, etc.), but not during the initial deliberation stages when one person/agency/business or entity is compared to another. That is typically left to the selection committee, in this case the Sebastian City Council. In Paragraph # 3, #4, #5, #6: "We were to vote for three candidates", states Councilman M Gilliams. Some, however, ranked all the applicants. This action does not obviate their rankings of #1, #2, #3 ... Rather, they continued to rank all the applications because Mayor Dodd asked C 185 of 257 them to rank the applications. They fulfilled Mayor Dodd's request and added what they were also thinking about the body of applications. My Response: Once again, if Councilman Gilliams heard a miscount, it was his responsibility to speak up and ask for clarification. Further, Councilman Gilliams continues to use the phrase "votes to be counted" ... actually, applications were rank ordered, as directed by Mayor Dodd. Thus, a "top pick" could have been so indicted by having a rank of #1, #2, #3 ... or even #4. In fact, the discussion that followed the announcement of the rankings opened the interview process to include a #4. Councilman Gilliams goes on in subsequent paragraphs to suggest that he is confusing rank order (ordinal data) with counting votes. He does not indicate what those rankings were, only that the applicants he references received so many votes. This is an erroneous statement because, the applications received a rank, not a numerical vote. In Paragraph # 7: Councilman Gilliams indicated that Councilwoman Parris only voted for two (2) candidates because of a misplaced vote. Once again, because one of her votes was misplaced that error "disrupts the relative weight of her votes." This also is an erroneous statement because her two rankings were counted, not omitted. Further no ranking was carrying a weight ... each was simply a ranking — a preference, if you will, for #1, #2, #3, etc. My Response: This does not make any sense because ordinal data carries no weight ... ordinal data is as simple as rank your favorite ice cream flavor: chocolate, vanilla, strawberry, rocky road, etc.... when ranked, where does weight come into the calculus? Simply, it does not. Councilwoman Parris's rank of her two choices were tallied in as were the others. Now, the City Council must decide if a re -vote is needed, as Councilman Gilliams is requesting. Why limit the rankings to three ... the council can choose the top three ranked applications or the top four, and they could have also ranked all the applications as they saw fit. Their additional rankings would not interfere with or confuse who the top three applications turn out to be because the others would be ranked lower. This was actually done when the City Council members conducted their rankings on the December 11, 209 meeting. In the final paragraph: Councilman Gilliams has asked a provocative question: "Should two candidates getting number 1 votes be rated more highly for shortlisting that three candidates who got number 2 votes, or should the reverse be true? It is moot because both would be in the block of #1, #2, ## ranking for interview. Once again, Councilman Gilliams is confused by ordinal data and counting votes as integers. Further, he states in his last sentence, "I think you can understand why we should agree up front how votes will be weighted." His conclusion that the City Council agrees up front how votes will be weighted reflects a misunderstanding. 186 of 257 Once again, ordinal data is not weighted data ... it is simply a ranking, and the rankings carry no weight to consider when summarizing the results of the rankings. He misunderstands that ordinal data are not votes, they are simply rankings that reflect a preference. My Response: If the City Council was to rank order the applications, as directed by Mayor Dodd, then there is no difference in the rankings of #1, #2, #3 because all those falling into that block will be chosen for interview. The City Council had the right to add a #4 application with no harm to the other applications already chosen for an interview. Thus, after much deliberation and thought, my conclusion is that there is no need for a re-count or a re -vote. If Councilman Gilliams wants to open the council's voting on the applications to the public, he needs to make a motion to do so. LTM, 187 of 257 �1 Dodd Mauti lr Gilliams Hill Parris f 1 I r, �7 1 � t i� Attorneys Manny Anon Kelley Armitage David Migut Gary Oldehoff Philip Sherwin Sherry Sutphen , Bell & Roper, PA z Paul Gougelman a Weiss Serota Helfman Cole & Bierman 4 Douglas Wyckoff 00 00 0 N U1 4 �1 Dodd Mauti lr Gilliams Hill Parris f 1 I r, �7 1 � t i� 00 co 0 N (n v Dodd Mauti Attorneys Manny Anon 3 Kelley Armitage David Migut Gary Oldehoff Philip Sherwin Sherry Sutphen Bell & Roper, PA Paul Gougelman Weiss Serota Helfman Cole & Bierman Douglas Wyckoff Gilliams Hill Parris Attorneys Manny Anon Kelley Armitage David Migut Gary Oldehoff Philip Sherwin Sherry Sutphen Bell & Roper, PA Paul Gougelman Weiss Serota Helfman Cole & Bierman Douglas Wyckoff 0 0 0 N Cn 4 Dodd Mauti Gilliams Hill Parris 3 Z Dodd I Maoti Attorneys S Manny Anon 5 Kelley Armitage David Migut Hill Parris Gary Qldehoff Philip Sherwin G Sherry Sutphen P V Bell & Roper, PA / O Paul Gougelman Weiss Serota Helfman Cale & Bierman Douglas Wyckoff 0 41 N Cn 4 Hill Parris Attorneys Manny Anon Kelley Armitage David M'gut Gary Oldehof# Philip Sherwin Dodd Mauti Gilliams Hill Parr' Sherry Sutphen Bell & Roper, PA Paul Gougelman Weiss Serota Helfman Cale & Bierman Douglas Wyckoff N O N 4 Dodd Mauti Gilliams Hill Parr' Lin Cf $E HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: January 8, 2020 Agenda Item Title: Approval to Award Invitation to Bid (ITB) #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid). Recommendation: Staff recommends that the Council AWARD ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) to AMPRO, INC. Background: The Procurement Division, on behalf of the Leisure Services Department, requests Council's approval to award ITB #19-13 for the installation of token machine operated sports lighting at the City's new Pickleball Courts. An ITB soliciting these services was initially released in October 2019 in which no responses were received. A re -bid was then published on November 18, 2019 with a due date of December 6, 2019. Four (4) bids were received. All bids were reviewed for responsiveness by the Procurement Division and reviewed by the end-user department to ensure all requirements were met as provided in the solicitation documents and specifications. It is recommended to award ITB #19-13 to the lowest, responsive and responsible Bidder, AMPRO, INC. for Sports Lighting Installation at Pickleball Courts. The bid price of $104,070.00 includes all labor, equipment, materials, supervision and transportation necessary to purchase and install sports lighting at the City's new Pickleball Courts. Because conduit is already in place, the Bidder will be responsible for applying and paying for permits, supplying and installing the ground and power wiring along with light poles and returning the site back to its condition prior to work commencing. This will include restoration to the landscaping or concrete, if necessary. If Agenda Item Requires Expenditure of Funds: Proposed Project Expense: $104,070.00 Amount Budgeted in Current FY: $135,510 Fund to Be Utilized for Appropriation: Recreation Impact Fees Administrative Services Department Review: 1 G City Manager Authorization: Date: /�h d�i Attachments: 1. Bid Tabulation 2. Reference Responses for Recommended Bidder 3. Bid of Recommended Bidder 4. Proposed Agreement 193 of 257 un'Lf Administrative Services Department $E T," Procurement Division J 1225 Main Street - Sebastian, FL 32958 (772) 388-8228 HOME OF PELICAN ISLAND Fax: (772) 388-8248 BID TABULATION ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Bid Openinq: December 6, 2019 3:00 PM EST Date: December 6, 2019 Bids Received Bid Totals AMPRO, INC. $104,070.00 COMPLETE ELECTRIC, INC. $126,500.00 EAU GALLIE ELECTRIC, INC. $181,800.00 E M. GAY CONSTRUCTORS, INC. $230,000.00 Notes: 1. The above abstract of the bid amounts of the received bids is made available for information purposes only, requested in the form of a Public Records Request in accordance with Chapter 119, Florida Statutes. 2. The City of Sebastian has a pending review of the qualification of Bidders and the received bid submittal, prior to making a determination of the lowest, responsive and responsible Bidder. 3. The City of Sebastian shall have no liability to any successful Bidder unless and until the City executes a contract with such Bidder. 4. If additional information is requested, Bidder(s) will be contacted and such notice will be provided. 5. Any and all notices will be posted on the City's website and DemandStar. If there are any questions or request for clarification regarding this tabulation), please contact Ann -Marie Fraser, CPPB, MBA — Procurement/Contracts Manager at afrase r5citvofsebastian.orq. Thank you for your interest in doing business with the City of Sebastian. END OF DOCUMENT 194 of 257 Ona SEBASTIA ITB #19-13 HOME OF PEUCAN ISLAND LIGHTING AT PICKLEBALL COURTS (RE -BID) REFERENCE CHECK SURVEY SUBMIT VIA EMAIL: REFERENCESOCITYOFSEBASTIAN.ORG DATE: 12-10-2019 FIRM BEING SURVEYED: AMPRO, INC. 1. Describe the scope of work performed by this firm for your organization or Provide Project Name. Maintenance of all site lighting, LED upgrades, pylon sign maintenance and manufacture and installation of new pylon signs 2. Rate each of the criteria on a scale of 1-5, 5 beina very satisfied and 1 beina veru unsatisfied. Please rate each criterion to the best of your knowledge. If you do not have sufficient knowledge of Dast Derformance in a Darticular area. olease sav N/A. ITEM CRITERIA I SCORE 1 Provided services in a timely manner 5 2 Professionalism of Firm 5 Ij 3 Customer Service and Response Time to Client Inquiries j 4 4 I Quality of Work Performed 5 5 I Ability to Maintain Accurate Documentation - Invoices 5 6 Overall Client Satisfaction 5 I1 3. Were there any problems encountered with this firm during performance of the project? If so, how were they resolved? None 4. Would you re -hire this firm? Yes:❑✓ No: ❑ Maybe: El PERSON COMPLETING THE SURVEY COMPANY NAME: Site Centers NAME: Richard E. Forrest II - VP of Property Management CONTACT INFORMATION: 404 - 504 - 6757 SIGNATURE: Richard E Forrest II a,. a.samu.ay.,oa ause aero 195 of 257 1 MCI SERASMAN HOME OF PEUCAN ISLAND DATE: 1219il s ITB #19-13 LIGHTING AT PICKLEBALL COURTS (RE -BID) REFERENCE CHECK SURVEY SUBMIT VIA EMAIL: REFERENCES(c�CITYOFSEBASTIAN.ORG FIRM BEING SURVEYED: AMPRO, INC. 1. Describe the scope of work performed by this firm for your organization or Provide Project Name. Retro fit all parking lot pole lights and wallpacks with LED 2. Rate each of the criteria on a scale of 1-5, 5 being very satisfied and 1 beino very unsatisfied. Please rate each criterion to the best of your knowledge. If you do not have sufficient knowiedoe of past performance in a uarticular area. please sav NIA. ITEM CRITERIA 1 Provided services in a timely manner 2 I Professionalism of Firm 3 I Customer Service and Response Time to Client Inquiries 4 'Quality of Work Performed T 5 Ability to Maintain Accurate Documentation - Invoices 6 Overall Client Satisfaction SCORE 5 5 5 5 5 5 3. Were there any problems encountered with this firm during performance of the project? If so, how were they resolved? There were no problems during the job. Ampro worked tirelessly with the LL and myself in advance of the assignment to make sure all photometrics were exactly what we were looking for. They also provide us with a low interest financing company for this work. 4. Would you re -hire this firm? Yes: ❑., No: 0 Maybe: ❑ PERSON COMPLETING THE SURVEY COMPANY NAME: University Collection -FCA, LLC NAME: Lynn Trujil)o, sr REM and agent for owner CONTACT INFORMATION: lynn.trujillo@cbre.com pp4R, ,iia b� t,en nujae SIGNATURE: �•�,o,:�,�a» 196 of 257 Ann -Marie Fraser From: Trujillo, Lynn @ Tampa <Lynn.Trujillo@cbre.com> Sent: Monday, December 09, 2019 1:44 PM To: References Subject: RE: REFERENCE CHECK - AMPRO, Inc. - City of Sebastian Attachments: REFERENCE CHECK ITB 19-13 (Re -Bid) Sports Lighting Install @ Pickleball,pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I have completed your reference check! We were very happy with the LED retrofit from Ampro. I noticed you are installing pickle ball court lighting. Just curious how many courts you have as I'm a big fan! Best regards Lynn H. Trujillo I Senior Real Estate Manager CBRE I Property Management 1G1 E Kennedy Blvd., Suite 1500 1 Tampa, FL 33602 T 313.273-84171 F 813.223-7.44 Lvnn.Truiillo0.cbre.com I www.cbre.com Connect with me on Linkedln Follow CBRE: Facebook I cbre Florida I Google Please consider the environment before printing this email. This message and any attachments may be privileged, confidential or proprietary. If you are not the intended recipient of this email or believe that you have received this correspondence in error, please contact the sender through the information provided above and permanently delete this message. From: References@cityofsebastian.org <References@cityofsebastian.org> Sent: Monday, December 9, 2019 12:11 PM Subject: REFERENCE CHECK - AMPRO, Inc. - City of Sebastian External Good Morning, You were submitted as a Reference for AMPRO, Inc. The City of Sebastian is soliciting for Sports Lighting Installation and Would like your feedback on the company mentioned above. Please complete the attached Reference Check Survey and return via email (references(@citvofsebast ian.orQ), no later than Wednesday. December 12, 2019. Should you have any questions, please feel free to contact me directly. Thank you. 197 of 257 Amm-Marfa Fragar, ill M$A Procurement & Contracts Manager City of Sebastian 1225 Main Street, Sebastian, FL 32958 (772) 388-8231 www,citvofsebastia n.orL� Solicitation Documents are available for download at: City's Website https:llwww,cit ygf�ebastian.orglcurrent-bids DemandStar .�ttos://www.demandstar,com/su;)Pljer/bids/aqency inc/bid list.as0f=search&mi=10140 Vendor hftpsJlvraoD.vendorFecistry.com/BidsNiew/BidsList?Buverld=clb9ccc8-8e82-49fe-8e47-0e2d4a5cb5bc Registry 0", SEBAS-TWN HOME OF PELICAN ISLAND Thank you. Amm•Marle Fragor, iYPP& MBA Procurement & Contracts Manager City of Sebastian 1225 Main Street, Sebastian; FL 32958 (772) 388-8231 afraser@cityofsebastian.org www.citvofsebastia n.or2 Solicitation Documents are available for download at: City's Website https:Jlwlrrw.citvofsebastian.oIglcurrent bids Demand5tar httpe;llwww. demand star. comisupplierlbidslaciency inc/bid list, asOf=search&rni=1014_0 Vendor httpsi//vra,�D.vendorreoistry.com/BidsNiew/BidsList?Buverld=c1 Registry E HOME lir PLIGAN ISLAND Florida has a vary broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding state or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Think Green? Please do not print this e-mail unless necessary. 198 of 257 Gl FORM faRN ___ ITB #19-i3 C a n,EOFrr�iuwrL.No LTGH.TING AT PICKL.EBALL COURTS (RE -BID) '_.... _ REFERENCE LIST Bidder's Name:. f � �/�C-) :7--n , Bidder must provide the contact information for a minimum of three (3) references in which similar work was performed within the last five (5) years, public sector entitles preferred. Bidder is responsible for arovidiho accurate contact information to ensure_ timely resnonses from References - Reference #1 Company Name: 1 5, �.L_ CcejQr Location (City, State): A 4 a I CL Contact Person: eR; Contact Number: [�Dcj- Say.a7 S7 Email Address:�rr-�S Cb Dates of Service: Servlces Provided: I Reference #2 Company Name: ' D PF A10 lew sib } y Location (City, State): �Contact Person:Contact Number., Number: 5107 -- 7 Y30 - .35,28 Email Address: R f Q. . t4 (vq Dates of Service., 4- \It ar :5 ~I Services Provided: I� 4jr;e_Q 1 - l Company Name: Reference #3 �3 Location (City, State): Contact Person: Contact Number. � j ' 0 73 ' 'Y i Email Address: ra) C)t , Cb—,,- Dates of Service: S f mar S Services Provided: �.I �� ► � � � r. C C2 / Failure to fully comviete and submit this List may result in reiection of the submittal Page 22 of 25 199 of 257 A I\A I IR (4! LIGHTING I SIGNAGE I ELECTRICAL ITB #19-14 Lighting at Pickleball Courts Proposed for: Ann Marie Frasier t 1 VVI' 1 �L �' HOME OF � CAN 1 Allen Marshall 813.980.0300 allen(alamvroteam.com AMPRO Power 5oiutions Inc. 7818 Professional Place Tampa, FL 33637 200 of 257 m.1 FORM �T� IT13 #19-13 A ME or PEucwu 15unr6 LIGHTING AT PICKLEBALL COURTS (RE -BID) BID SUBMITTAL CHECKLIST Please use the following checklist as a reference document to confirm all requirements are met in your submittal. This checklist must be submitted as part of the submittal. Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this Solicitation from prospective Bidders. It simply serves as a guide for the most significant documents to be included in the bid and should be enhanced as deemed necessary_ It is solely the Bidder's responsibility to read and understand all requirements and adhere to all issued Addenda, X One (1) original copy of bid (bearing original signatures) x Three (3) copies of bid _ �( One (1) electronic copy of bid (USB) Title Page X Bid Submittal Checklist —FORMA Signed Addenda, if applicable TAB 91 ^ BACKGROUND & QUALIFICATIONS (Refer to Section 2.2) TAB #2 — PROJECT TIMELINE (Refer to Section 2.3) TAB #3 — INSURANCE & BONDING (Refer to Section 2.4 — 2.5) Proof of Insurance �( 5% Bid Bond -'AB #4 — FORMS (Refer to Section 2.6 — 2.7) - - Y Bits Form -- FORM B x Reference List— FORM C X Bidder's Disclosure Questjonnaire — FORM D Document Notification Affidavit — FORM E Subcontractor Listing Form — FORM F IMPORTANT. Failure to submit the requested copies or complete and submit the required forms may result in submittal being deemed non-responsive and removed from consideration. Page 19 of 25 201 of 257 ani SEBASTAni r - ROME OF PEU.CAM ISLAND Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32955 [77'2} 3$$-8228 Fax: (772) 388-8248 ADDENDUM #1 *This Addendum MUST be signed and returned with submission* Date: November 21, 2019 Solicitation #: ITB 19-13 Solicitation Title: Sports Lighting Installation at Pickleball Courts (Re -Bid) Solicitation Due Date: Friday, December 6, 2019 Gay 3:00 PM EST TO ALL PROSPECTIVE PROPOSERS: For the above referenced solicitation, take note of the following revisions, additions, deletions, clarifications, and questions/answers etc,, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions/Answers -_ 1: Yes, ar a tr. ative may be su. . It is required that the P.iddersubmits , bid pace on tt­ design provided. Q1: Can bids be made to include a change to design which will reduce poles? An alternative bld pr re Carl be ifldLided. Detailed descriptio w, of the proposed desi in w'., e Lf - for the alternative to he o:!-�idered Pieasc .i;s .r:: the ;sa;>>r, lighting quality is ntdained, All other documents, specifications, drawings, terms and conditions remain the same. Signa ure ENI] OF DOCUMENT 10 - Date Page 1 of 1 202 of 257 COY LA SET ROME OF PELICAN ISLAND Administrative Services Department Procurement Division 1225 Main Street Sebastian, Ft_ 32958 (772) 388-8228 Fax: (772) 388-8248 ADDENDUM #2 'This Addendum MUST be signed and returned with submission* Date: November 26, 2019 Solicitation #: ITB 10-13 Solicitation Title: Sports Lighting Installation at Picldeball Courts (Re -Bid) Solicitation Due Date: Friday, December 6, 2019 @ 3:00 PM EST TO ALL PROSPECTIVE PROPOSERS: For the above referenced solicitation, take note of the following revisions, additions, deletions, clarifications, and questionslanswers etc., which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions/Answers Q1: Are there CAD files available? 02: Is it possible to only supply the materials and let the city sub out the labor? A1: CAC? file for structural Electrical details r, available upon request. CAD file r r elscirica plans is lot avai able. A2- W, t,,e Cay ini-,Iris '.o ,-iward .3 contra, i r ost ,?spc,rS Ve and r, Spon^. me I id:! r wt materials &; d rnsi 11 s _pecif d i Sect,-. Services on page 5 of the ti,: rJo. r nicht. All other documents, specifications, drawings, terms and conditions remain the same. Signature 1:4zIeI0]aelel*111TOWkH ;rte lu:vest c.!n Srrpply7,0 Date Page t of 1 10� (80 203 of 257 M L�f S w HOME OF.PI UCAN SLAND Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8228 Fax: (772) 388-8248 ADDENDUM #3 *This Addendum MUST be signed and returned with submission* Date: December 2, 2019 Solicitation #: ITB 19-13 Solicitation Title: Sports Lighting Installation at Pickleball Courts (Re -Bid) Solicitation Due Date: Friday, December 6, 2019 @ 3:00 PM BST TO ALL (PROSPECTIVE PROPOSERS: For the above referenced solicitation, take note of the following revisions, additions, deletions, clarifications, and questions/answers etc., which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions/Answers Q1: The contract substantial completion time Is given as 30 days from Notice to Proceed. Can this be adjusted to accommodate lead) time of fixtures? Q2: Ara there liquidated damages associated with the project? All: Pi ass refer in :rol-:don 1€tlr d' Revis : , A?: ) €1l ::1''r I. -o s i [,:I - � fitted Additions Q3: Section 1.8: Will the NTP be delayed until all products has A3: F' ease refer to soctio.n '.1elow titled "Reaisi t ,. been received and stored on site? Q4: Section 3.1.3: Will the ground and power wiring from the new electrical panel to the pole location be already in place for the sports lighting installer to connect to? 05: Section 3.1.8; is it the Contractor's responsibility to tray for the permit? A4: No, ;nly Ij :r, t.::r iu : 1,; place, (,rmlr,rr,lor will Lic, r:,, prmsit le `r,r ui•;p;yiny •tr,,i : r. :-� ti�e� r3rnrs .: ,r{ p ....air u•,rinc;. A5: vas the Contractor shat snoly for all ret.lu+f•,d I-xjr dirig permits trorn City ,-+ : P -b -,w,. n =-,d IS ;e5p17nsi€)IV for ary fees 06: Section 3.1.12 It will take 60.90 days to get product after A6: ve the pr iic kSill b, lt;e c•cornpletNd, or-luciriq award and considering the existing progress and schedule n -:ar ingpno, tc -.n" s€:orts lighting ir'la, at, for constructing the facility is it the City's intention to complete the project 100% including landscaping prior to the sports lighting insta117 ,� \ O� Page 1 of 2 0 1 204 of 257 Revisions The following shall be deleted and revised to the second (21d) paragraph of Section 1.6 — Contract Term & Completion Time: The project duration is 90 calendar days. Two (2) Notices to Proceed will be issued. NTP1 will be issued to allow sixty (60) calendar days to order and receive products/materials. NTP2 will be issued thereafter to allow thirty (30) calendar days for full completion of the project, inciuding Punchlist items, and ready for final payment in accordance with the Contract Documents. Additions The following shall be added to Section 4— General Conditions: If the Contractor fails to achieve full completion of the work by the timeframe established in NTP2 (with an exception of any approved extensions set forth by the Project Manager), then liquidated damages will apply. The liquidated damages table shall be utilized to determine the amount of liquidated damages that shall apply: CONTRACT AMOUNTFIRST Below $49,999.99 _ $50,000.00 - $99,999.9_9 $100,000.00 and Above 15 DAYS $50.60A)ay $10� _ SECOND 15 DAYS $100.00/Day $200.00/Day $200.00/Day $500.00/Da 1 31 -_ DAY & Th' $250.00/Day_ $750.00IDa $2000.00IDay The Contractor's recovery of damaaes and sole remedy for any delay caused by the City shall be an extension of time on the Contract. All other documents, specifications, drawings, terms and conditions remain the same. Signature END OF DOCUMENT /C"?- y- � Date o�V Page 2of2 lc� 205 of 257 CMCIF SEBASTtAiM HOME QP PELICAN ISLAND Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388 -MB Fax: (772) 388-8248 ADDENDUM #4 *This Addendum MUST be signed and returned with submission* Date: December 2, 2019 Solicitation #: ITS 19-13 Solicitation Title: Sports Lighting Installation at Pickleball Courts (Re -Bid) Solicitation Due Date: Friday, December 6, 2019 @ 3:00 PM EST TO ALL PROSPECTIVE PROPOSERS: For the above referenced solicitation, take note of the following revisions, additions, deletions, clarifications, and questions/answers etc., which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. QuestionslAnswers Q1: Are there any landscape plans available showing heights and types of trees, shrubs and perhaps ilatwork appurtenances? Al. f. o. landscape plants are not o%arat;l It irw c for sof: t around all of -he courts ---mith tre nniti ut s trees aifcr' -, tl.e If i` ng tr b.: 2tln: eta Air; o f - ve i_ast. A Coco -3 f 'un. hedge W panted vatth 8-'o Palm trees within the hecge. Tit he !cfe wtil pproxirrately 24 and the tref�s ann,oxi•ii Yly -1Y It is strongly suggested that each Bidder visit the site to assist with areoarina a detailed bid submission. All other documents, specifications, drawings, terms and conditions remain the same, END OF DOCUMENT ellM /.-;1` 54 1 ignat'ure ` Date Page 1 of I ID, 02\11111 206 of 257 A�,MPRU LIGHTING I SIGNAGE I ELECTRICAL 7818 Professional Place Tampa, FL 33637 We are a professional team dedicated to providing the highest quality results for your lighting and electrical needs. AMPRO was founded 15 years ago with the idea to offer the commercial marketplace with the most experienced and knowledgeable staff available to best serve our client's needs. AMPRO concentrates on exceptional on-site project management, offering our clients timely and quality completion with minimal disruption to their business operations. Our qualified technicians are provided with top of the line equipment, so you can feel secure knowing your property is in good hands. In addition, AMPRO holds up to $5 Million with general commercial liability insurance, supplying you with the peace of mind that your facility is protected. We will provide you with all the information necessary to make informed decisions to match both your needs and budget, This allows your business to take a cost effective approach to maintaining your facility's appearance, Over the last five years we have self -performed hundreds of pole and fixture installations across the entire Florida peninsula, so you can rest assured that we have the capabilities to handle any lighting and electrical project you may have. The added benefit of our unique place in the lighting industry is that we have multiple project crews scheduled out months in advance to accommodate all of our clients' needs and be sure to meet their schedules. With AMPRO, there are no surprises, just results! 207 of 257 AMP 0' LIGHTING I SIGNAGE ELECTRICAL 7818 Professional Place Tampa, FI.33637 Project Timeline From the moment AMPRO is awarded this bid, we expect poles and fixtures to arrive at our warehouse within eight (8) weeks. Once materials are delivered and inspected for quality, Ampro will transport and deliver all materials to a pre -arranged staging area onsite. From the time all materials are delivered to the staging area, AM PRO will begin work on installing the poles and fixtures. We expect this entire project to be completed within ten (10) weeks from date of material order. IDY OPP,,, 208 of 257 Client#: 1515942 AMPROINC ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MWDD(YYYY) 12/04/2019 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 have ADDITIONAL INSURED prov€slons or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statomont on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCERCONTACT USE Insurance Services, LLC PANE 813 321 7500 TAz 813 321-752' (A1 , No. EM): 1AlC,.Nor _-- -- - 2502 N Rocky Point Drive E-MAIL - -- - Suite 400 .ADDRESS: - Tampa, FL 33607 INSURERIS) AFFORDING COVERAGE INS LIBER A : hePusaam Imeumnae Company INSURED INSURER B : Bautl,ar 0—lnsuunea Camper,y AMPRO, Inc. INS11RERC: Fro In—Camparryr 7818 Professional Place - C _ INSURER D ; Auto 0—am insurance Comp—y Tampa, FL 33637 INSURER E INSURER F NAIC # .42587 10190 - 10178 18988 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 CONTRACTOR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR(NSR WYD { POLICY EFF POLICY EXP LIMITS - - - - TYPE OF INSURANCE POLICYNUMBER _ Mf&DDMYYJ (MWDDIYYYYI RDDL UBR A X COMMERCIAL GENERAL LIABILITY X X ACP3049144187 0111512019 01115120201 EACH qq��OCCURRENCE $1,000,000 CLAIMS -MADE n OCCUR PREMISESQEa occTun'..) $100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY S11,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 F—,]R POLICY i ^I ECT � LOC PRODUCTS - COMPIOPAG__G $2,000,000 OTHER: _ _ _ D AUTOMOBILE LIABSLITY X X $003164402 0111512019'01115120 20 JEe a den SINGLE LIMB - - IEa ercde+iil s X? ANY AUTO BODILY INJURY (Per person) $1,000,000 OWNEAUTOS AUTOSSCHEDSLED BODILY INJURY (Pereocldent) $1 000 000 AUTOS ONLY _ AUTOS r r HIRED NON -OWNED PROPERTY DAMAGE XI AUTOS ONLY X AUTOS ONLY - Per errJdertll -- _ $1,000,000 - — jl $ B X UMBRELLA LIAB I X� OCCUR X X 6003164401 01/15/2019 01/151202 EACH OCCURRENCE 62.000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $2,000,000 DED - X�RETENTION$10000 _ _ _ I$ C WORKERS COMPENSATION 001WCISA78672 08/10/2019 08/10/2020 PER I OTH-T AND EMPLOYERS'LLABILITY Y!N _5Tart17F E, ANY PROPRIETORIPARTNEWEXECUTIVE E.L. EACH ACCIDENT $1 000,000 OFFICERIMEMBER EXCLUDED'? � 111 A --� (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000 If yea, describe under DESCRIPTION OF OPERATIONS below I ii E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS ! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is requlredl Certificate holder is included as additional insured with respects to General Liability and Auto Liability as required by written contract or agreement. Primary & Non-contributory applies in favor of the certificate holder with respects to General Liability a required by written contract or agreement. Waiver of Subrogation applies in favor of the certificate holder with respects to General Liability, Auto Liability, and Workers Compensation as required by written contract or agreement. {See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION , • `�> Oily of Sebastian SHOULD ANY OF THE ABOVE DESCRIBED LJCI BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NO E LL BE DELIVERED IN 1225 Main Street ACCORDANCE WITH THE POLICY PROVE UE) Sebastian, FL 32958 AUTHORIZED REPRESENTATIVE d 1988-2015 ACORD CORPORATION. All rights reserved_ ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S272814661M26948770 RMSZP . 209 of 257 DESCRIPTIONS (Continued from Page 1) RE: Lighting at plckleball courts. Additional Insured includes: city council members, officers, employees and agents. i' SAGITTA 25.3 (2046/03) 2 Of 2 #527281466lM26948770 210 of 257 g�,$T FORM ITB #19-13 E 140MEMPELtCMJ5L{ryD LIGHTING AT PICKLEBALL COURTS (RE -BID) DOCUMENT NOTIFICATION AFFIDAVIT STATE OF )Clotl A COUNTYOF �Lro I, 141/e- K' t le?, Ir $' acknov4edge that I have legal authorization (Printed Name) to contractually bind A 1N n I (Company Name) I acknowledge that as part of my response to this solicitation I have read and reviewed copies of the following documents/notifications, attached: • Conflict of Interest Disclosure • Drug -Free Workplace Provisions • Public Entity Crimes. Notification Non -Collusive Affidavit • E -Verify Acknowledgement • Immigration Laws Notification • Scrutinized Vendor Certification • No Lobbying Notification • Debarment and Suspension Certification • 'Vendor Performance Acknowledgement I hereby swear or affirm that I have read and that 1 understand and accept all the requirements and regulations imposed by the above -referenced doct;ments and that I acknowiedge and accept that the above -referenced documents and all forms and conditions contained therein are included in the response to this solicitation. Th forego Ing Affidavit was subscribed and sworn to before me this ' day of 2019, by is ersonall lcn n to me or who has produced as identification and who did take an oath. koberT G S�CQ Notary Public Name: ROPERT ¢ SLATE MY COMMISSION # GG005095 Notary Public Signature; EXPIRES June 22, 2020 (4071198-0153 Florl6•Nat•'r84Nle•.tlfMh � [/� Notary Commission Expiration: `� L FaJlure to fully comnlete, sign and submit this Affidavit may result in reiection of the submittal Page 24 of 25 211 of 257 SERASTTALN HOME OF PELICAN nlnno DUE DATE: Bids due on or before 2:00 PM EST at City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Friday, December 6, 2019 Check Addenda for any revised opening dates before submitting your bid. Bid(s) received, after the date and time stated above, shall not be i ITS #] 9-13 i LIGHTING AT PICKLEBALL COURTS (RE -BID) BID FORM ITB NW RELEASE DATE: CONTACT: #19-13 11/18/2019 Ann -Made Fraser, CPPB, MBA Procurementiconfracts Manager (772)388-8231 afraser@cityofsetiasdan.org ITB TITLE: SPORTS LIGHTING INSTALLATION AT PICKLEBALL COURTS (RE -BID) and "Doing Business As", if applicable: Federal Tax Identification Number: Address! City: State: Zip Code: 7 y /�-a�eSS,'a,1.I ?L la Y,o �L 33�3Z Telephone Number. Fax Number. gi3- 7)3 9Ya-a3a ) E -Mail AdrimmR of AnHinrr]eA Renrennntel vn, The undersigned hereby proposes and agrees to furnish all labor, materials, and equipment, and to perform all work required for the above-named Project in the manner and time prescribed in the Scope of Work and Drawings (if applicable) and such addenda thereto as may be issued prior to bid opening date. The Bid Price, set forth below in clear legible Bgures, includes the cost of Bonds, urance, sales tax, and every outer Item of expense, direct or indirect, ind al to the Bid P a� 7et—�, Signature orAuthodzedRepresenta vt e) (Manul0 /V )/.,, ),Yl 11 ot l 1 Name ofAuuthodzed Representative (/Typed oorrPrinted) r>,ir OC�iOT ai Gnai'c� �efVt ef-S TRte J For the Lump Sum of: $ /&1/ O 7eD. " Page 21 of 25 FORM I — B n 212 of 257 age M .. FORM Location (City, State): PPB #19-13 C Contact Penson: NOMroF?WCAN rAMD LIGHTING AT PICKLEBALL COURTS (RE BW) REFERENCE LIST ^' Contact Number: /07— cS, Email Address: Bidder's Name: ^., Dates of Service: Bidder must provide the contact information for a minimum of three (3) references In which similar work Services Prbvided: was performed within the last five (5) years, public sector entities preferred. rr's Bidder is responsible for orovidino accurety epntacl Information to ensure timeiv responses from References Company Name: Reference #1 re _ Company Name: i �i e Fp r S Contact Person: Contact Location (City, State): �±�.1 o• G .,,, Contact Person: ;moi, a r A 4'rr,-5 Contact Number: .. Email Address: Dates of Service r Carr&$4c5•, CAL&rS. o%OlJ `1/ e?r*S 0.A., Services Provided: I L;,(,� ; y Elac ea Company Name: 57 t appi...ct Cc+lzr taraaPR Location (City, State): � ��� I1 Ja Pe-. Contact Penson: _ ^' Contact Number: /07— cS, Email Address: n p A I q }Q r ��y � 1. ^., Dates of Service: J JA. I .J Services Prbvided: LI o � y £1� ea L rr's Reference #3 Company Name: C48 z Location (City, State):/ ,3 a.,a 0,3- Contact Person: Contact n ✓L. W M Contact Number: Email Addtass: Dates Of Service: $bMces Provided: S113 -a-/3- 041-1 S Y:ar5 - -L. 44 w- 1�c� eQ[- Failure to fully complete and submit this Ust may result In reiection of the submittal Page 22 of -25 Ex 213 of 257 SEBAST►gN FORM A ITB #19-13 D _ HOAfOFP° ""num LIGHTING ATPICKLEBALL COURTS (RE -BID) BIDDER'S DISCLOSURE QUESTIONNAIRE The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached If required. Bidder's Name: ! v k, r 7,z (D -­X--A C - Address: �7 1) d _ no -45 s_ a -,.cc l -Pz- - Contact Person:kft x o,,,5Aa n Title: C-10lak _-rntr-s _�� - f;C�S -- Phone No.: D30pJ� Email Address: Cl. ((ems JJ Qw'lp�.Ycn.+ti.. �DrJ� Federal Identification No.: This Business Is: ( ) An Individual ( ) A Partnership Corporation Bidder's License No., if applicable: 6C `Attach certificate of status, competency, and/or state registration (1) Has your firm or any of Its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or anyer regulatory agency or In professional association within the last five (5) years? YES I_J NO (2) Has your fine, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services ET firm provides In the regular course of business within the last five (5) years? YES LJ NO (3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation In the past five (5) years that Is related to the services your firm provides 1n the regular course of business? YES [] NO M If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. YiIR}MtYfflffttlfRitflfRHRwfvff/iYfl.Rt tYRRRRMffR1MI}IfftatfYf}tRRRfRMtffltR}ffRfwf RtffflRtf iRRf tit»ef efllftYMI:tHR• I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this bid fot the City, of Sebastian. (gnat a Date Failure to Fully complete. sion and submit this Questionnaire may result In resection of the submliitt I V�"D �k Page 23 of 25 214 of 257 6M 5E13ASTLA FORE i ITB # 19-13 F HOME OfFUICANMAW LIGHTING AT PICKLEBALL COURTS (RE -BID) SUB -CONTRACTORS LISTING FORM Bidder's Name: i� ��Q � Phone #: 1�3 - 9yd - f - ITB Title: Sports Lighting Installation at Pickiebali Courts (Re -Bid) ITB #: 19-13 NOTE: List all subcontractors you invited to bid on this project, whether they were selected or not. If subcontractors will not be used on this agreement, check the box below. Form must be submitted with your submittal. Use additional sheets if necessary. The City reserves the right to reject any bids if the Bidder names a subcontractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. Company Work To Be Contact Telephone Name Performed Person Number 1. 2. 3, 4. 5. 6. I affirm that Subcontractors will not be used to complete the scope of work under this solicitation. Print Preparer's Name: ►tet. IV/" kci I Title: Signature: Date: y- offal Failure to WIN cornnlete, scan and submit this Form rnav result in resection of the submittal Page 25 of 25 215 of 257 0Wff ITB # 19-13 H W or NUCM 'SWO LIGHTING AT PICKLEBALL COURTS (RE -BID) SOLICIATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company'.s Name: Company Address: 264-41 Ct l" i— Phone No; d""2-, - 0,3d6 Please tell us how you found out this Request for Sid was releasedlavailable (mark all that applies): Indian River Press Journal (TCPalm) DemandStar/Onvla City of Sebastian Web Site - other (please specW below) Page 18 of 25 216 of 257 APR 7818 Professional Place * Tampar FL 33637 P 813.980.0300 1 f 813.980-0321 www.AMPROteam-tom ITS #19-13 Sports Lighting Installation @ Pickleball Courts ,lutes. 1 lzlo6l2olg Proposal Submitted To: City of Sebastian ATTN: Procurement Division 1225 Main Street Sebastian, FL32598 Job Flame and Address: ITB #19-13 COS Airport Pickleball Court i Airport Drive East Sebastian, FL 32598 Description of Work Proposed: • Provide l transport all materials and equipment to job site • Provide project management, permitting and coordination with FP&L and Municipality • Permit Fees and Utility charges will be at cost. Receipts available upon request. • 5o,. Deposit required to begin permitting and material requisitions • Supply and Install approx. 8,003'0f new #12 TH HN wire in existing conduit and new poles * Supply and Install (lei) 34' OAL, 25' MH Type 1-0 Square Tapered Concrete Pales at approved locations • Supply and Install (2) 27' OAL, 20' AC Type 1-0 Square Tapered Concrete Poles at approved locations • Supply and Install (24.) NV2-T4-112L-1-4oK-UNV at approved locations • Supply and Install (2) NV1-T4-32L-1-4oK-UNV at approved locations • Make all final electrical connections coordinated with Utility Co. schedule • Close out Permit withfinal inspection from local Municipality • Clean and remove all debris related to installation electrical service Total Cost = $04,070.00 Acceptance of Proposal: Date: j+$QPBfkrAAY ANr1 CQHFlOEMIiI. FIirE1�Q(}� rhL.prrposa� it j�• rr:e Fscruzlvr Uu c1AF¢Pf�, kc (Disddser) rsa the Fredpkrr, naMedtEae R[Cpterd shai [srtArienj:C±:tlal I:grmnden o:Jy ter thcpurpote at erM.iriry; pctetdlal hutr�ess with flkdwr. RsJpf . [ shatf lokt dL'dcsorr dCanfdental lnformMlrn WILN.l.to Is dit=w. efkw' Pert, -,s. mtgtE 4w..rcrcmpfovets W*V a ne,dte Intal, ands? -'l—[3 i c-ri-aotuy'wraae. ,Ndry LK'dp" (uW-heran IndMuA ccrWrAan rr otltr entt )wd—A the Iriu wIlKtlldm dofuscfnte-,"Ihkprop�.salrnrttaSsmattridl wi,khk der�>Irs to whrk er In port Pram rruter&d.wrpF;dtry h.51PR0, rne. rwr may rr,tme :. copy, repradtrce ctpublk[t etio-:d pme. treranJt mdktrbute Ina �n imry mc[trltl from lhk proposdL FFx manriclr tovaed by drb grrote!epresaila�e't+yrelu'wuftheryui-pnerL. ,men ttsFr�fxmatiem o;-u��_bkL as. tfatYt#I ecp mnrt d!ffnx/tern4.WA egeep—,A41M, M re rws tM- r;Cht tv—:.eour quc[e SEB91SByQSRHQ[fJPf+S Artyd:carion trdr+'atior: frern aLnxspecf�cni::s hv.trug errecnu•.wli r,ee�wud arnyrmnw,[tt:naaerr, mri wi!f becanK an r-xn rharacv on[etw.•eme sU.t+IctwntgacWrrrsstendard frdghtrums vri ccrs�dwa fcr sdfena,ay. AB oyrermems camJnpon[�pinsgxes,mumu, trderoys tryand ar centre!. nwnv t"rem•fte:erruda endoeher npcersory rrs:rtarice upe�Aba:r [rrorH. Trw prtpasat moy lrrwt<herosvn rycsy na[duep[ed :wi[h�n rhinV(i�) dvy�. 1 IN S 217 of 257 �, —2 wRICK SCOTT, GOVERNOR XJA�.4 , ri. JONATHAN ZACHEM', SECRETARY . _• Vis`-`.'� A � tvt 0 STATE OF FLORIDA DEPARTMENT OF BUSINESS. AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS. LICENSING BOARD THE ELECTRICAL CONTRACTOR HEREIN IS CERTIFIEQ UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA, STATUTES MERCED, ERIC AM -PRO - 7818 PROFESSIONAL PLACE TAMPA FL 33637 LICENSE DUMBER: EC13002360 EXPIRATION DATE: AUGUST 31, 2020 Always verify licenses online at MyElorldaLicense.com f Do not.alter this documen#_in.-any, form. This is your license. It is unlawful for anyone other than the licensee to use this document. FORM AND FUNCTION • Sleek, low profile housing • Spec grade performance • Engineered for optimum thermal management • Low depreciation rate • Reduces energy consumption and costs up to 65% • Exceeds IES foot candle levels utilizing the least number of poles and fixtures per project Optical system designed for: Parking Lots Auto Dealerships General Area Lighting CONSTRUCTION Die Cast Aluminum . External cooling fins, Finite Element Analysis (FEA) designed . Corrosion resistant external hardware . One-piece silicone gasket ensures IP -65 seal for electronics compartment One-piece Optics Plate" mounting silicone Micro Optics . Two-piece silicone Micro Optic system ensures IP -67 LISTINGS level seal around each PCB Certified to UL 1548 Grade 2 Clear Anodized Optics Plate' standard UL 8750 FINISH - CSA 022.2 No. 250.0 3.5 mils electrostatic powder coat. DesignLights Consortium®(DLC) ' • . NLS'standard high-quality finishes prevent corrosion DesignLights Catlsortium Premiume (DLCP)1P65/ IP67 Rated protects against and extreme environmental conditions 3G Vibration Rated per ANSI 0136.31-2010 WARRANTY COATEb C & N Five-year limited warranty for drivers and LEDs. LISTED us 01K 07 r�ymynZ NV -2 AREA LIGHTING LED WATTAGE CHART 700 ma6ampa 168W 20OW 243W 265w iow milliamps 26R%v 976w 3%w 499w Project Name. Type - NV type �e nu (esy Size 2 (T2) 96 (96L) (NV -2) 1 T 2 (11211.) Type 3 128 (126L) (T3) Type 4 silver ($) (T4) Type 5 Black (T5) (BLK) Nema 3 Grapphite 30' Narrow (GPF7) •See next page for Arm Configurations - Grey iN31 (,rey 700 3000K 120-277 (7) i (30K) (UNV) 1050 4000K 347.4130 {1) (40Kj (HV) 50OOK (50K) Direct Pale Bronze pinale_D1R0 (BRZ) 6- (OPSS) White D9O 790 T120 OD (HT) II'(OPSiI) Knuckle Mounl (KM) silver ($) Waif Mount (WM) Trunnion Mount (TM) Black -Standard finish is stainless steel. (BLK) Can be painted to match fixture Grapphite Tennis Arm (TA) (GPF7) •See next page for Arm Configurations - Grey ,Far Round Pd1e. please sper-ify RPA4 (,rey ar RPA5 Custom (CS) >ft T 1 t ILT 1 r Hvil Ueterrant (BD) Manne Grade Finish (MGF) Optic Plate Painted to Match fixture (OPP) Mounting Painted to Match I'mure (MP) Noma 7 -Fin Receptacle (PEI) Photocell + Receptacle (PCR) Receptacle +Shorting Cap (PER) FSP -211 with Motion Sensor (UNV Voltage) (FSP -20) '9=7a" Heights (FSP -4a) •2r =40' Heights Surge Protector (10K) Quick Mount Bracket (QMS) Retrofli Mount Bracket (RQMB) Round Pole Adaptor 3'- 4' Pale (RPA4) Round Pole Adapter 5'- 6' Pole (RPA5) Rotated Optic. Left (ROL) Rotated Optic Right (ROR) Aulomotive House Side Shield (AHS) House Side Shield (HSS) 'HGS nor applicable with N2 • NEMA 24' optics +HSS not analldahle with Ns - NEMA aa' Antfcs 219 of 257 ELECTRICAL 120-277 Volts (UNV) or 347-480 Volts (HV) • 0-10V dimming driver by Philips Advance Driver power factor at maximum load is >_ .95, THD maximum load is 15% • All internal wiring UL certified for 600 VAC and 105•C • All drivers, controls, and sensors housed in enclosed IP -65 compartment • Lumileds Luxeon MX LED's . CRI >70 • Color temperatures: 3000K, 4000K, 5000K OPTIONS • BIRD DETERRANT (BD)—offers effective and humane deterrent for larger bird species and provides cost-effective long-term solution to nuisance bird infestations and protect your property. • MARINE GRADE FINISH (MGF)—A multi -step process creating protective finishing coat against harsh environments. • Chemically washed in a 5 stage cleaning system. • Pre -baked • Powder coated 3-6 mils of Zinc Rich Super Durable Polyester Primer. • 1-2 feet inside pole coverage top and bottom. • Oven Baked. • Finished Powder Coating of Super Durable Polyester Powder Coat 3-5 mil thickness. • SHIELDS (HSS, AHS)—House Side Shield (HSS) is designed for full property line cut-off. Automotive House Side Shield (AHS) is a single -sided shield allowing partial cut-off on either side or front of luminaire. • ROUND POLE ADAPTER (RPA)— When using round poles, specify Round Pole Adapter (RPA). Specify RPA4 when installing on 3'-4° round poles, and RPA6 when installing on 5'-6' round poles. CONTROLS • FSP -211 (FSP-X)—Passive infrared (PIR) sensor providing multi-level control based on motion/daylight contribution. • All control parameters adjustable via wireless configuration remote storing and transmitting sensor profiles. • FSP -20 mounting heights 9-20 feet • FSP -40 mounting heights 21-40 feet. • Includes 5 dimming event cycles, 0-10V dimming with motion sensing, reprogrammable in the field. • NEMA 7 -PIN RECEPTACLE (PET)—An ANSI C136.41-2013 receptacle provides electrical and mechanical interconnection between photo control cell and luminaire. Dimming receptacle available two or four dimming contacts supports 0-10 VDC dimming methods or Digital Addressable Lighting Interface (DALI), providing reliable power interconnect 1 r 3.41" `® Il Wolghk 42 Ibs ,•` `" �:.. F1 RPM AUTOMOTIVE HOUSE SIDE SHIELD HOUSE SIDE SHIELD OPTICS Silicone optics high photothermal stability and light output provides higher powered LEDs with minimized lumen depreciation LED life. UV and thermal stability with scratch resistance increases exterior application durability. . IES Types i i 'r i+ wie rro_r l TYPE II (T2) TYPE III (T3) TYPE IV (T4) TYPE V (T5) NLS701 Kingshill Place, Carson, CA 90746 LIGHTING Call Us Today (310) 341-2037 0 NEMA 3 (N3) nlslighting.com 220 of 257 OPTICAL CONFIGURATIONS Rotatable Optics (ROR) Rotated Right, (ROL) Rotated Left options available. Optics field and factory rotatable, ®®®` ®®® WWI ®M® ®, gas .® IR 2019 NV -2 / 80L NV -2 / 96L NV -2 / 112L NV -2 / 128L * OPTIC PLATE PAINTED TO MATCH FIXTURE FINISH (OPP)– Optic Plate standard clear anodized, Grade 2. When (OPP) specified, Optic Plate finish will match fixture finish. LUMENS NUMBER N3 14920 T2 LWW DLC BUG It LWW BUG 18 IMIYV DLC BUG "7448 LBIlW tic IlW9 BUG T4 1200 DLC BUG TS 1MIW DLC BUG W W2 -BOL -7-304 19162 114 19744 116 W2 -BOL -74W 19M n8 21800 126 W2 -W-7.504 21640 130 21672 129 NW24041,WK 78882 114 x141 107 W290L-1 JOK 31034 118 30245 115 MA24ML-1.10K MOD 130 31297 119 3 834086 9744 P 04098 (8416 P B61A63 11068 S UtON 16264 S BROW 16306 P BbyD414 17M 56 62 66 W 62 66 8140M 19216 113 814802 28428 121 B14O62 21166 126 814160 2*360 104 8141063 28456 112 al 40= 3988 114 S 864043 12096 P tliplB 12768 P 684OW 13440 6 BB4lM ISM S 514684 19988 8 BW634 21040 72 716 80 72 76 6D 9576 10248 10920 14991 16049 179M 57 61 56 67 61 66 87.042 18992 112 B1LB8Q 20168 110 B14642 21000 126 WILWO 2764 ID3 614466 29199 111 914003 31034 118 S P P 3 S P BS/A43 19713 117 B►UDQ 21168 126 829M 21810 130 UM44 26104 108 Ba044 305M 116 689064 31660 120 P B6U083 168 r B6Y04s 188 P 864093 168 S 61141040 262 S 06064ia 253 P NI WW ]BB NV•2.96E-7300 22900 114 29200 116 S ~9W7Jax 12OW I 36000 136 P 814443 11600 B3UN8 12100 68 4144442 24600 113 68 BI4O62 24200 121 S Bs11DW 144001 72 P 94"66 ro966 76 11400 1?300 67 81 6)41087 22400 112 914Am 24000 120 S P 8111462 33400 111 n+Aa6 24:00 126 9 964087 200 P swo46 298 NV -2 -0& -7 -GW 126000 130 2UMI 1291 P 1031100 13200 I 66 8144@ 25200 1 126 P RKOWJ160001 W I 134100 65 1 614468 26000 126 P 93UOfN 26000 13D P 8510-6 200 NV -2 -M -14K 38826 114 3M21 197 S YU064 10=1 80 1 9144428 32WI 104 1 S 94464W 2/262 1 71 118012 57 814448 3164 103 S UU044 34124 10 8 961064 $16 1M2 -96L-110( 37288 118 36340 I 115 I S 8?0004 195"1 62 1 8�4A47 35392 1 112 1 S 9400 4 240161 76 119276 61 e14A44 35076 111 S nA*w 3(656 116 S awD44 316 NV440.0-W 41080 130 87806 118 1 P 004004 2DMI 66 1 81.118-4 96MI 116 1 S BKD64 26880 I BB 12VAU 66 9141444 3779 116 P Ratio" 37970 120. P- 964064 3)6 NV -2.112L -7-30N 127702 114 28186 116 1 S 830447 14094 68 1 814*G7 274551 119 1 S 834064 174% 72 113&51 57 8141063 27216 112 3 9390-G4 28411 117 P 664663 249 NV -4-112014014 fiWW 118 30.496 185 P 911148 16006 62 1 8141463 20403 121 1 P 810-4 16168 76 14 0 51 91-411343120100 126 P 639464 70618 126 P 8641083 248 Nµ2 -112E -7.60K 131690 130 31347 129 P MO04 16038 66 1514JOW M518 126 1 P W4A4d 19440 80 1 15796 M 91083 13M75 125 P 834166 31590 130 P BWD44 243 NOA191.1.90x 141724 114 39161 107 S 64VO44 212M 60 814004 30064 104 1 3 90444 26868 72 20864 57 914064 32098 103 7 641046 39626 106 9 964064 386 NW2-1124110K 143188 118 42090 116 S 94044 22692 62 814464 40994 112 1 S 64400 27816 76 71926 61 B74A6/ 40626 111 S S4U446 42466 116 S 6619144 366 NW2.1121.-1-604 47660 130 43864 116 0 544404 24166 66 814,044 49456 116 S 90664 29760 80 28790 65 914004 48188 118 P 944066 48929 120 P 8440N 366 W2-12BL-730K 30210 114 30740 116 S 864068 16370 58 B71AG3 29945 113 S B34AG4 19080 72 15106 57 8140-9 29680 112 S BSUD44 31005 117 P 6611DC4 266 NW 1110 -M 31294 218 180125, 126 1 P 9400 16480 49 6141188 92865 131 P BOU4W 2W40 76 16146 61 61416" SW 131 P 0641141 3661180 126 P 664044 266 NV -2-128L-7-604 44450 730 M785 129 P 894004 17490 66 814069 33390 126 P 54/484 21X10 80 172.16 66 BVU043 $9126 126 P 831084 34450 130 P 861464 266 W2.121111.44W 46626 114 (870 107 3 644104N 23772 69 614*44 3}686 184 S 444061 2044 72 23813 67 614044 QIV 103 4 0"a" 44172 198 S 6LUD44 49 W2-1281--1 40C 48254 115 47035 116 WI -1240411K SM70 I?02 44471 lro S 8443084 26968 P 6440.64 24x84 62 86 914084 46808 112 014444 d44B 114 6 544464 97064 s 0"648 MIN 76 Jn 44949 %9t5 61 6140494 48309 171 rs 81418.64 441]84 ,u S a e41OGs 47441 116 w>aec 45455, ,•.n 9 n541De4 409 o ...,,,.,.. .... *DLC S= Standard P= Premium EPA 1-70/1-90 DATA EPA SGL D90 D180 T90 T120 QD I TEMP.` 1-70(1281--IVAM) 100(128L- 050 l W2 -DP 0.89 1.22 1.78 1.96 1.91 1.96 483.000 160.000 NV -2 -KM 0.59 1.18 1.38 1.85 2.68 1.85 DPX ARM LENGTH 944.2 -SA 0.98 1.96 1.76 2.66 2.62 2.66 DPX 55 D9 WWI D —I T90%- T1120,%1 QD I ARM LEN 1 I I W2 6.2 25 6.25" 1 NLS 701 Kingshill Place, Carson, CA 90746 n1S6ghting.COm LIGHTING Call U6 Today (310) 341-2037 221 of 257 MOUNTING OPTIONS 11.25" 6.25" If DIRECT POLE (DP) Standard mounting arm is extruaeo aluminum in lengths of 6.25' and 11.25'. *Arm kngths may vary depending on configuration {4.25' I � WALL MOUNT (WM) Cast Aluminum Plate for direct wall mount T extruded aluminum arm mounts directly to a cast wall mount box. Il TRUNNION MOUNT (TM) len• Ilii% Steel, bolt -on -mounting for adjustable installation with a maximum uplift of go degrees. *Unpainted stainless steel is standard e C 1 6.20" KNUCKLE MOUNT (KM) Die Cast Knuckle great for adjustable installation on 2-3/8' OD vertical or horizontal tenon. • Max Uplift of 90 degrees Adjustable in 6 degree increments TENNIS ARM (TA) Steel fitter slips over 3.5'x 1.5' rectangular arm. *See Tennis Arm Spec sheet for details OPTIONAL �..d. n.. fqulE Nn ' I EerMahw ` �� Optional Cast Aluminum Bracket, Quick Mount Bracket (QMB) and Retrofit Quick Mount Bracket (RQMB), designed for quick mounting on Direct Square or Round Poles. Cleat mounts ,co,,.,,a,e directly to pole for easily hung fixtures. �" i ; i I i v" QMB , RQMB NL.S 701 Kingsh ill Place, Carson, CA 90746 LIGHTING Call Us Today (310) 341-2037 nlslighting.com 222 of 257 SPORTS LIGHTING INSTALLATION AGREEMENT ITB #19-13: Sports Lighting Installation at Pickleball Courts This Agreement is entered into by the parties this day of 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and AMPRO, Inc. (Contractor). 2. Designated Contact Person as to City: Brian Benton, CPRP (PROJECT MANAGER) Leisure Services Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-228-7057 Cell: 772-205-7560 Email: bbenton@cityofsebastian.org , 2020. 3. Designated Contact Person as to Contractor: Allen Marshall (PROJECT MANAGER) Director of Energy Services 7818 Professional Place Tampa, FL 33637 Phone: 813-980-0300 Email: allen@amproteam.com 4. Agreement Document. In resolving conflicts, errors, discrepancies, and disputes concerning the scope of services or other rights or obligations of the parties, precedence shall be given in the following order (1) a fully executed Amendment to this Agreement, (2) provisions of this Agreement, (3) provisions of the Invitation to Bid, (4) provisions of Contractor's Bid Submission, (5) provisions of the Purchase Order, and (6) provisions contained in any governmental regulation incorporated herein by reference. There are no understandings or agreements except as herein expressly stated. 1. Exhibit "A" — Price Form submitted by Contractor 2. Exhibit "B" — Contractor's Bid Submission 3. Exhibit "C" — ITB #19-13 Solicitation Documents, including addenda, plans and specifications 5. Services. Contractor will provide and install token machine operated sports lighting at the City's new Pickleball Courts, in accordance with the attached plans and specifications (Exhibit "C"). Services provided under this agreement shall include all labor, equipment, materials, supervision and transportation necessary to complete the scope of services. Site restoration, as necessary, shall also be provided under this agreement. 6. Term and Completion Time. The duration of the Agreement shall be for the completion of the work stated in Section 5. The project duration is 90 calendar days. Two (2) Notices to Proceed will be issued. NTP1 will be issued to allow sixty (60) calendar days to order and receive products/materials. NTP2 will be issued thereafter to allow thirty (30) calendar days for full completion of the project, including Punchlist items, and ready for final payment in accordance with the Contract Documents NOTE: The City reserves the right to allow for any approved extensions. 7. Compensation. City shall pay Contractor for the performance of the work for sports lighting installation, in accordance with the Price Form set forth on the attached Exhibit "A" in the amount of a ONE HUNDRED FOUR THOUSAND SEVENTY DOLLARS ($104,070.00). Completed work must be inspected and accepted by the City of Sebastian's designated Project Manager. NOTE: The City reserves the right to request additional information or documentation to detail items on payment request. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 1 of Of= 8. Notices. All notices between City and Contractor, as required under the Agreement, shall be by telephone, facsimile, e-mail, mail, or by personal delivery to the respective designated contact person identified above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. Modification of Agreement. The Agreement may only be modified or amended upon mutual written agreement of City and Contractor. No oral agreements or representations shall be valid or binding upon City or Contractor. No alteration or modification of the Agreement terms, including substitution of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of the Agreement by affixing additional terms by incorporating such terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance of product or processing of documentation on forms furnished by Contractor to City for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 10. Services Provided by Contractor. The Services to be provided by Contractor are summarized in Exhibit "B", attached to this Agreement. If City identifies any additional Services to be provided by Contractor that are not covered under the original Agreement, such additional services shall be made a part of this Agreement by a written Amendment. Specific tasks involved with this project include, but are not limited to: • Provide sports lighting poles as specified in attached plans and specifications. • Provide light test upon completion of work. • Ground wires and power feeds in place and connected to the new equipment. • Provide adequate trash container for cardboard waste and packing debris. • Provide storage containers for material, including electrical enclosures. • Provide adequate security to protect delivered products from theft, vandalism or damage during the installation. • Provide equipment and materials to off load equipment at jobsite per scheduled delivery. • Obtain any and all required permits. • Locate existing underground utilities and irrigation system so as to avoid damage from construction equipment. Repair any such items damaged during construction. • Ground the new product on poles per NFPA 780 and NEC code. This will include grounding of the electrical enclosures and remote light fixture cross arms. • Keep all heavy equipment off of playing fields and surfaces whenever possible. Use due care to minimize damages when playing surface access is required. The Contractor shall be responsible for the cost of all repairs of any damages that they may cause. • Install token machines (supplied by City) and complete the connections to ensure the lights are operable via the token machines. • Jobsite to be returned to condition existing prior to installation of lighting system (such as but not limited to, landscaping, etc.) • Conduct system startup and additional aiming as required 11. City's Project Manager. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of plans/specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All work shall be subject at all times to inspection and review by the Project Manager and the City. 12. Materials, Services, and Facilities: It is understood that, except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Services within the specified time. The City will provide Contractor with access to the Facilities so as to permit Contractor to meet its obligations herein. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 2 o— f4 Oar 13. Insurance. During the term of the Agreement, Contractor, at its sole expense, shall provide insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Contractor. Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Contractor's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 13.1 Minimum Insurance Requirements. Contractor shall obtain and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the contractor, his agents, representatives, employees or subcontractors. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Contractor against any loss exposures, whether as a result of the Project or otherwise. The requirements contained herein, as well as City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under a contract. an amount not less than: • $500,000 Combined Single Limit per each occurrence General Liability Insurance • $500,000 aggregate, including personal injury and property damage Shall not exclude or limit Product/Completed Operations, Contractual or Cross Liability Automobile Liability an amount not less than: • $1,000,000 per occurrence, combined single limit The Proposer shall submit and maintain worker's compensation Worker's Compensation insurance to the extent required by law for all their employees to be engaged in work under this contract, in accordance with Florida Statutes 440. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 3 of U�J Of= 13.2 Other Insurance Provisions: 13.2.1 City of Sebastian, its council members, officers, employees and agents are to be covered as an Additional Named Insured on all policies except Worker's Compensation. The coverage shall contain no special limitation on the scope of protection afforded to the City, its council members, officers, employees and agents. Contractor shall provide a Certificate of Insurance to City with a thirty (30) day notice of cancellation and/or changes in policy language, and ten (10) day notice if cancellation is for nonpayment of premium. The certificate shall indicate if coverage is provided under a "claims made" or "occurrence" form. 13.2.2 All required insurance policies must be written with an insurance carrier having a minimum A.M. Best rating of A+. 13.2.3 Contractor has sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. For deductible or self-insured amounts that exceed $10,000, Contractor shall maintain a Commercial Surety Bond or Letter of Credit in an amount equal to said deductible or self-insured retention. 13.2.4 Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of Contractor's insurance and shall be non-contributory. 13.2.5 For all policies of insurance: Contractor and its insurance carrier waive all subrogation rights against City for all losses or damages that occur during the contract and for any events occurring during the contract period, whether the suit is brought during the contract period or not. The City requires General Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of Recovery Against Others to Us or similar endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers Compensation coverage. 13.2.6 It is Contractor's responsibility to insure that all subcontractors comply with these insurance requirements. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 14. Change Orders. City may at any time, as the need arises, order changes within the scope of the services without invalidating the Agreement. If such changes result in an increase or decrease in the Contract Price, or in the time required for performance of the Services, an equitable adjustment shall be authorized by way of a Change Order. 15. Indemnification. The Contractor shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Contractor, its family, associates, contractors, agents, employees, customers and attendees. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. The selected Proposer shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The selected Proposer expressly understands and agrees that any insurance protection required by this contract agreement or otherwise provided by the selected Proposer shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the City or its officers, employees, agents, and instrumentalities as herein provided. City of Sebastian, Florida ! AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 4 of Ub CST 16. Termination of Agreement. Either party may terminate this Agreement by giving the other party thirty (30) days written notice. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non -defaulting party may, at its option, terminate this Agreement by giving written notification thereof to the defaulting party. In the event of termination, City will be responsible for compensating Contractor only for those Services satisfactorily completed or partially completed up to the date of termination. Contractor shall not be entitled to compensation for loss of anticipated profit. 17. Licenses and Certifications. Contractor, or its sub-contractor(s), shall possess and maintain during the term of this Agreement any and all licenses required to perform the Services covered under this Agreement, as stipulated by the State of Florida and The City of Sebastian. 18. Public Records: Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Contractor will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Contractor does not transfer the records to the City. Upon completion of the Agreement, Contractor will transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public records to City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Contractor does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215. 19. Liquidated Damages. The City shall be entitled to liquidated damages every day that the Contractor is late in completing the work requirements as stipulated in the agreement, and solicitation documents. Said damages shall be deducted by the City from monies due to Contractor. If the Contractor fails to achieve full completion of the work by the timeframe established in NTP2 (with an exception of any approved extensions set forth by the Project Manager), then liquidated damages will apply. NOTE: The Contractor's recovery of damages and sole remedy for any delay caused by the City shall be an extension of time on the Contract. The liquidated damages table shall be utilized to determine the amount of liquidated damages that shall apply: CONTRACT AMOUNT -K FIRST 15 DAYS, _• SECOND 15 DAYS -..131ST DAY,& THEREAFTER Below x49,999.99„;41_ a $50.00/Day $100.00/Day $250.00/Day $50,000.00x$99,999699 $100.00/Day $200.00/Day $750.00/Day $100,000.00.and Above $200.00/Day $500.00/Day $2000.00/Day THIS SPACE INTENTIONALLY LEFT BLANK City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 5 of 7 0= 20. Payment of Payment Requests: 20.1 Payment Requests/Invoices. Requests for payment for the provision of the Services provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or ITB documents. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Contractor's payment request/invoice, the City will review such to ensure completion with required basic information and that the Services covered under the payment request have been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Services covered under the payment request do not satisfy this Agreement, the payment request may be rejected. 20.2 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Services completed to the satisfaction of City. 20.3 Form of Request. If the payment request is not received in proper order, City may reject the payment request within ten (10) business days after the date on which the payment request is recorded as received by City. City shall provide Contractor with a written notification of the rejection specifying the deficiency and corrective measures necessary to make the payment request proper. Upon receipt of a payment request that corrects the deficiency, City shall make payment in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act", or reject the payment request, within ten (10) business days after the date on which the corrected and proper payment request is recorded as received by City. 20.4 Resolution of Payment Request Disputes. In the event of a dispute between Contractor and City concerning the full or partial payment of a payment request, such disagreement shall be finally determined by City. If the dispute between Contractor and City involves a portion of a payment request, the undisputed portion shall be paid by City in a timely manner, as long as the payment request for the undisputed portion is in proper order. Proceedings to resolve the dispute will be commenced within forty-five (45) business days after the date the payment request in dispute was recorded as being received by City. The proceedings may include meetings between the parties, telephone conferences or such other measures to clarify the dispute and attempt to resolve the problem; they will be concluded by a final written decision by City within sixty (60) business days after the date on which the payment request was recorded as being received by City. Such procedures do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. 20.5 Payments to Subcontractors. When Contractor receives from City any payment for Services covered under the Agreement, Contractor must pay such moneys received to each subcontractor or supplier in proportion to the percentage of the Services completed by each subcontractor or supplier within ten (10) business days after Contractor's receipt of the payment. If Contractor receives less than full payment, then Contractor shall be required to disburse only the funds received on a pro rata basis to its subcontractors and suppliers, each receiving a prorated portion based on the amount due on the payment. If a subcontractor receives payment from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by the subcontractor, the subcontractor must remit payment due to those subcontractors or suppliers within seven (7) business days after the subcontractor's receipt of payment from Contractor. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 6 of�$ of 257 21. Warranties: 21.1 Warranty of Ability to Perform. Contractor warrants that, to the best of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any other legal or financial conditions, that would in any way prohibit, restrain, or diminish Contractor's ability to satisfy its obligations under the Agreement. 21.2 Warranty Against Defects in Workmanship. Contractor shall warrant its Services against defects in materials and workmanship for a minimum period of one (1) year from acceptance of the Services by City. Should any defects in materials or workmanship appear during the warranty period, Contractor shall replace the materials or equipment, or repair or re -do the service, immediately upon receipt of written notice from City, at no additional expense to City. Contractor shall warrant such replaced materials or equipment, or repaired or re -done Services, for a period of one (1) year after acceptance of such by City. 21.3 Warranty of Standard Care. In the performance of professional services, Contractor will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. Contractor will use due care in performing its Services and will have due regard for acceptable professional standards and principles. Contractor's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. If any of the Services performed by Contractor do not comply with the foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole expense) promptly re -execute the nonconforming Services. All such re -performed Services shall be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City the benefits of any of Contractor's subconsultant's or subcontractor's warranties. Such assignment shall not relieve Contractor of its warranty obligations for performance or standard of care to City under this Agreement. 21.4 Warranty of Title. Title to any work product furnished by Contractor under the Agreement shall pass to City to the extent of the payments made for such by City, or on the date that City accepts the completed Services of Contractor. When title passes to City in accordance with the Agreement, Contractor warrants that the work product furnished will be free and clear of all security interests, liens and encumbrances or claims of any party. 22. Additional Terms and Conditions (alphabetically listed): 22.1 Assignment. Neither City nor Contractor shall sell, assign or transfer any of its rights, duties or obligations under the Agreement without the prior written consent of the other Party. In the event of any assignment, Contractor remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability. 22.2 Bankruptcy or Insolvency. Contractor shall promptly notify City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or of any insolvency of Contractor or any of its subcontractors who are involved in the provision of the Services under this Agreement. 22.3 Compliance with Laws. Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform Commercial Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States Occupational Safety and Health Act, the United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, sexual orientation, gender identity or expression or veteran's status. Violation of such laws shall be grounds for termination of the Agreement. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 7 of�9 0= 22.4 Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the Services covered under this Agreement. Furthermore, Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for 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 Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor, and its subcontractors at any tier, certify that they have not entered into any contract, sub -contract, or arrangement in connection with the Project covered under this Agreement, or of any property included or planned to be included in the Project, in which any member, officer, of employee of Contractor or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect. 22.5 Correction of Services. Contractor shall promptly remove from the premises all Services rejected by City for failure to comply with the Contract Documents, whether incorporated into the Project or not, and Contractor shall promptly replace and re -execute the Services in accordance with the Contract Documents, without additional expense to City, and shall bear the expense of making good all Services of other contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of Services shall be done at Contractor's expense. If Contractor does not take action to remove such rejected Services within ten (10) calendar days after receipt of written notice from City, City may remove such Services on their own and store the materials at the expense of Contractor. 22.6 City Funds. If sufficient funding is not available for Contractor to complete the Services, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available funding. If such modifications to the Scope of Services are not feasible, or if funding has been totally exhausted prior to Contractor's completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to both parties. Additionally, in accordance with Section 216.347, Florida Statutes, and as provided herein, Contractor may not expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies. 22.7 Debarment. Contractor certifies to the best of their knowledge and belief, that they and their principals 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, City, State or Federal department or agency, 2) have not, within a three-year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property, 3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above, 4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default, and 5) will advise City immediately if their status changes and will provide an explanation for the change in status. 22.8 Discriminatory Vendor. Contractor certifies that they are not subject to Section 287.134 (2)(a) which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/bid on a contract to provide any goods or services to a public entity, may not submit a Bid/Bid on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with any public entity, and may not transact business with public entity. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 8 of�0 of 257 22.9 Dispute Resolution. For any dispute concerning performance of the Agreement, which includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission, City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with Contractor. Should a mutual agreement not be reached, City shall render a decision and reduce such to writing and serve a copy on Contractor. The decision shall be final and conclusive. 22.10 Disposal of Wastes. Contractor shall handle any waste materials generated in the performance of the Services in full compliance with all laws, regulations, and requirements of all governmental authorities and those of City. Contractor shall use only disposal facilities which have proper permits and are in full compliance with all Laws. Contractor agrees that City has the right to reject, for any reason, Contractor's use of any particular disposal facility. Refer to Section 4.15 Clean Up in the ITB Documents. 22.11 Documentation. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived there from, will be considered works made for hire and will become the property of City upon expiration or termination of the Agreement without restriction or limitation on their use. Upon delivery to City of said document(s), City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any invention developed under this Agreement. Copies of these documents are not to be sold or distributed to third parties without the written consent of City. 22.12 Drug Free Workplace: Contractor certifies that it has in place a Drug -Free Workplace Program in accordance with the Drug -Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Form F submitted with Bid. 22.13 Electronic Signature(s). Contractor, if and by offering an electronic signature in any form whatsoever, will accept and agree to be bound by said electronic signature to all terms and conditions of this Agreement. Further, a duplicate or copy of the Agreement that contains a duplicated or non -original signature will be treated the same as an original, signed copy of this original Agreement for all purposes. 22.14 Employees, Subcontractors and Agents. All Contractor employees, subcontractors, and agents performing any of the Services under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of certification or other proof of qualification. All employees, subcontractors, and agents of Contractor must comply with all security and administrative requirements of City. City may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee, sub -contractor, and agent of Contractor. City may refuse access to, or require replacement of, any of Contractor's employee, subcontractor and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in security status, or non-compliance with City's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in compliance with the Agreement. City may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. City shall have the right to review and approve any sub -contractor used by Contractor. Contractor shall be fully responsible_tp, City for the acts and omissions of its subcontractors, and persons directly or indirectly employed by them. It is Contractor's responsibility to ensure that their subcontractors are properly licensed to do business in the State of Florida and City of Sebastian, as required by law. All workmen must have sufficient knowledge, skill and experience to properly perform the work assigned to them. All workmen must have proper FDOT safety vest or safety shirts during any mowing, staging of MOT or clean-up operation. 22.15 Environmental Issues. All notifications regarding environmental issues or requirements shall be sent immediately to City's Contact Person. Unless directed otherwise by City, Contractor is not to contact any local, state or federal governmental agencies concerning environmental issues involving the Project Site. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 9 of of 257 22.16 Equal Employment Opportunity. Contractor shall not discriminate on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et sea.), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et sec.), Florida Civil Rights Act of 1992 (§ 760.10 et sec.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et sea.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination on the basis of handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et sea.), and any other Federal and State discrimination statutes. Contractor shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the State of Florida Department of Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -contractor hired by Contractor. All Equal Employment Opportunity requirements shall be included in all non-exempt sub -contracts entered into by Contractor. Sub- contracts entered into by Contractor shall also include all other applicable labor provisions. No sub -contract shall be awarded to any non -complying sub -contractor. Additionally, Contractor shall insert in its sub -contracts a clause requiring subcontractors to include these provisions in any lower tier sub -contracts that may in turn be made. Contractor shall comply with all state laws and local ordinances. 22.17 E -Verification System. Contractor shall comply with the Executive order No. 12989 as amended, and Executive Order No. 11-116, and agrees to utilize the U.S. Department of Homeland Security's E -Verify system, https://e-verifv.uscis.aov/emo, to verify the employment eligibility of: (1) all persons employed by Contractor during the contract term to perform any duties within Florida, and; (2) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract. Contractors meeting the terms and conditions of the E - Verify System are deemed to be in compliance with this provision. 22.18 Force Majeure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"). If a party is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods. 22.19 Governing Law and Venue. The Agreement shall be governed in accordance with the laws of the State of Florida. In the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Indian River County, Florida. 22.20 Governmental Restrictions. If Contractor believes that any governmental restrictions have been imposed that require alteration of the materials used, the quality, workmanship or performance of the Services offered under the Agreement, Contractor shall immediately notify City in writing, indicating the specific restriction. City reserves the right and the complete discretion to accept any such alteration or to cancel the Agreement at no further expense to City. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 10 of�32 Of 25 7 22.21 Immigration and Nationality Act: Contractor shall comply with all immigration laws as outlined in 8 USC & 1324a - Unlawful emplovment of aliens. City will not intentionally award City contracts to any Contractor who knowingly employs unauthorized Alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout the term of any Agreement with City may result in immediate termination of the Agreement. City will consider the employment of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by City, if Contractor knowingly employs unauthorized aliens. 22.22 Inspection, Performance, Supervision. City reserves the right to inspect the Services provided by Contractor, whether partially or fully completed, at any time, as deemed appropriate by City for the purpose of ensuring Contractor's performance under the Agreement. Such inspections performed by City, shall not be construed as a final approval of Contractor's Service, and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to inspect, at any reasonable time with prior notice, Contractor's facilities to assess conformity of the provision of the Services with the Agreement requirements. City reserves the right to investigate or inspect, at any time, whether the provision of the Services complies with the Agreement requirements. Contractor shall at all times during the Agreement term remain responsive and responsible. Contractor must be prepared, if requested by City, to present evidence of experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance of the provision of the Services covered under the Agreement. This paragraph shall not mean or imply that it is obligatory upon City to make an investigation either before or after award of the Agreement, but should City elect to do so, Contractor is not relieved from fulfilling all Agreement requirements. Contractor shall supervise and direct the performance of its Services and shall be solely responsible for the means, methods, techniques, sequences, and safety of construction and operations. Contractor will employ and maintain at the Project Site a qualified supervisor or superintendent who shall have been designated in writing by Contractor as the Contractor's representative at the Project Site. The supervisor or superintendent shall have full authority to act on behalf of Contractor and all communications given to the supervisor or superintendent shall be as binding as if given directly to Contractor. The supervisor or superintendent shall be present on the Project Site at all times as required to perform adequate supervision and coordination of the Contractor's Services. 22.23 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the performance of the Services materialize after City has made Payment to Contractor, Contractor will indemnify and save City harmless from such claims. Acceptance by Contractor of payment shall be and shall operate as a release to City of all claims and all liabilities to Contractor, other than claims in stated amounts as may be specifically excepted by Contractor for things done or furnished in connection with the provision of the Services, and for every act and neglect of City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment, whether final or otherwise, shall not release Contractor or his sureties from any obligations under the Agreement. 22.24 Lobbying. Contractor shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, Services, employment, or contracts of any kind. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 11 o 1f3 OJT 22.25 Non -Collusion. Contractor agrees that neither it, nor any of its officers, partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and that Contractor intends to do the work with its own bona fide employees or subcontractors and has not provided a response for the benefit of another contractor. Furthermore, Contractor certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public contract. 22.26 Non -Funding Clause. In the event sufficient budgeted funds are not available or depleted, City shall notify Contractor of such occurrence and contract shall terminate without penalty or expense to the City. 22.27 Non -Performance Clause. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non-performance/deficiencies as identified by the City to the Contractor shall be addressed 1. Verbally 2. Written Notice. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 22.28 Permits. The Contractor shall apply for all required building permits from City of Sebastian and is responsible for any associated fees. 22.29 Project Site Conditions. Contractor shall be deemed to have examined Project Site(s), if applicable and to have secured full knowledge of all conditions under which the Services are to be executed and completed. 22.30 Protection of Persons. Contractor will be responsible for the safety of its employees and the employees of its subcontractors, during the provision of the Services. Contractor will be responsible for initiating, maintaining and supervising all safety programs in connection with the provision of the Services in accordance with applicable safety standards and regulations, as promulgated by the United States Occupational Safety and Health Act. Contractor shall report promptly to City any accident or unusual occurrence during performance of the Services, including personal injury or death to any Contractor employee, sub -contractor employee or any member of the public, or any damage to any of City's property, the Project Site, or adjacent property. 22.31 Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, bid, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, bid, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, bids, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 22.32 Relationship. Contractor is an independent contractor to City in the provision of the Services under this Agreement and is not an employee, agent, joint -venture, or partner of City. 22.33 Remedies. If any event of default occurs, City shall have the right, at the option of City, to pursue all remedies available at law or equity, including the termination of this Agreement and all rights of Contractor hereunder. Notwithstanding City's termination of the Agreement, Contractor shall remain liable to City for all claims for damages, costs or attorney's fees arising prior to such termination. City of Sebastian, Florida / AMPRO, Inc. Initials ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 12 oft 4 Of75% 22.34 Risk of Loss. Until the Services have been accepted by City, risk of loss or damage to any materials, equipment, supplies or work product, whether partially or fully completed, that are associated with the Services shall remain with Contractor. 22.35 Schedules, Reports and Records. Contractor shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Services covered under the Agreement. Furthermore, City reserves the right to inspect and audit Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Contractor, as they relate to the Agreement, shall be retained by Contractor for a period of three (3) years from the date of final payment under the Agreement. 22.36 Security and Confidentiality. Contractor shall comply fully with all security procedures of City in the performance of the Agreement. Contractor shall not divulge to third parties any information obtained by Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of the provision of the Services without the written consent of City. However, Contractor shall be permitted to release information to third parties if such information is publicly available through no fault of Contractor, information that Contractor developed independently without relying on City's information, or information that is otherwise obtainable under State and Federal law as a public record. To insure confidentiality, Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. 22.37 Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 22.38 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 22.39 Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the laws and regulations of the State of Florida which are applicable to the provision of the Services under the Agreement. City will not pay for any personal property taxes levied on Contractor or for any taxes levied on Contractor's employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Exemption Certificate (No. 85-8012621778C-1). All purchases made by City directly from a dealer, distributor or manufacturer for materials, equipment or supplies ("direct purchase") instead of through the Contractor are exempt from sales, consumer, use and other similar taxes. 22.40 Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. City of Sebastian, Florida / AMPRO, Inc. Initials5 Off_ ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 13 0 23. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: JAMES D. STOKES, CITY ATTORNEY THE CITY OF SEBASTIAN: BY: PAUL E. CARLISLE, CITY MANAGER AMPRO, INC. L'" ALLEN MARSHALL, DIRECTOR OF ENERGY SERVICES City of Sebastian, Florida / AMPRO, Inc. Initials Off_ ITB #19-13 Sports Lighting Installation at Pickleball Courts (Re -Bid) Page 14 0 M ff SE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: January 8, 2020 Aqenda Item Title: Approval to Enter into a Work Services Agreement with Eau Gallie Electric, Inc., Awarded Vendor of RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall and Approval of the Direct Purchase of the Generator. Recommendation: Staff recommends that the Council APPROVE to enter into a Work Services Agreement with Eau Gallie Electric, Inc., awarded vendor of RFQ #19-05 Design Build of the Emergency Generator at Sebastian City Hall; APPROVE the Direct Purchase of the Generator from Tradewinds Power Corporation; and APPROVE increasing the Project Budget by using DST Reserves. Backaround: The Procurement Division, on behalf of the Public Facilities Department, recommends to Council, the approval to enter into a Work Services Agreement with Eau Gallie Electric, Inc., the awarded vendor of RFQ #19-05 for the Design Build of the Emergency Generator at Sebastian City Hall. Design Build is a method used to allow a single vendor to provide planning, design and construction services under one contract. This ensures a unified flow of work from initial concept through completion. Eau Gallie Electric, Inc. (Contractor) was awarded August 13, 2019 by City Council authorizing the City Manager to negotiate a Guarantee Maximum Price (GMP), The solicitation process included Evaluation Committee review of the proposals submitted and a public meeting discussing their individual scores. The award was made based on the qualifications of the firm and their ability to fulfill the City's requirements of Design Build for this project. Upon award, meetings were held to determine the needs of the City, the best way to achieve those needs and to negotiate pricing. The Contractor provided the design and specifications of the generator deemed fit to meet the City's needs. The Contractor recommended that the City take advantage of the direct purchase of the generator from the manufacturer, Tradewinds Power Corporation, to save sales taxes on the transaction. The Direct Purchase option is a cost-saving measure that benefits the City. The Sebastian Police Department's (SPD) generator currently provides limited emergency stand-by power to Sebastian City Hall. A generator is expected to operate the HVAC systems and other equipment within a building during grid power outages. Because the SPD generator lacks the capacity to fully power both buildings, this arrangement has limitations, causing it to no longer be the solution for potential power outage issues. At this time, SPD is being fully powered but at a shortened time than expected due to the partial power being provided to City Hall. The proposed new generator for City Hall will power the entire building, and because SPD generator is no longer connected to City Hall, it now has the capacity to fully power the Police Department. If Aaenda Item Reauires Exoenditure of Funds: Total Cost: $148,129.00 Amount Budgeted in Current FY: $113,574.00 Fund to Be Utilized for Appropriation: $34,555 from Dish ti nary Sales Tax Reserves Administrative Services Department Review - C _J -1 l � Attachments: 1. RFP #19-05 Council Approval 2. Quote for Generator Direct Purchase and Specification Sheet 3. Quote for Installation from Awarded Vendor 4. Proposed Work Service Agreement City Manager Authorization: Date: ���//1 237 of 257 Regular City Council Meeting August 13, 2019 Page Three 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. 19.106 A. Presentation by Indian River Countv Commissioner Tim Zorc - Su000rt for Usina Bethel Creek as a Location for a Florida Tech "Lagoon Flushina" Studv Indian River County Commissioner Tim Zorc said State Representative Thad Altman has secured $800,000 from the 2019 Legislative Session to institute a Florida Institute of Technology study and he has been gathering letters of support to have Bethel Creek considered as a project site. MOTION by Council Member Dodd and SECOND by Mayor Hill to send a letter of support to Florida Tech passed with a unanimous voice vote. (5-0) 19.107 B. Presentation by Gehrina Groua - Emplovee Health, Dental. and Vision Insurance Program for FY19/20 Mark Rodriquez, Senior Analyst, Gehring Group, introduced himself and displayed a PowerPoint outlining the employee health, dental and vision benefit renewal process with their recommendation. (See attached) Mr. Rodriquez said the total increase will be $8,847 for all employees. Brief Announcements - none 8. CONSENT AGENDA A. Approval of Minutes — July 24, 2019 Regular City Council Meeting 19.107 B. Approve FY2019/2020 Employee Group Medical (Florida Blue), Dental and Vision (Humana) as Previously Presented (Transmittal, Summary) 19.108 C. Approve Agreement Between the School Board of Indian River County and the City of Sebastian for the School Resource Officer Program and Authorize the Mayor to Execute Appropriate Documents (Transmittal, Agreement) 19.108 D. Approve Agreement Between the Sebastian Charter Junior High, Inc. and the City of Sebastian for a School Resource Officer and Authorize the Mayor to Execute Appropriate Documents (Transmittal, Agreement) 19.109 E. Award RFQ to Eau Gallie Electric for Design Build of City Hall Emergency Generator and Authorize the City Manager to Negotiate a Guaranteed Maximum Price (Transmittal, Score Sheet, Proposal) Council Member Dodd asked to pull items C & D. MOTION by Council Member Dodd and SECOND by Vice Mayor Kinchen to approve items A, B, and E passed with a unanimous voice vote. (5-0) 238 of 257 TRADEWINDS WAfF7 POWER CORP TO Amount 1 5820 NW 84th Avenue Miami Florida 33166 Tel 305 592 9745 FAX 305 592 7461 City Of Sebastian Filters Pump Sets Power Units Generator Sets Automatic Enaine Controls T, Alan Clarke Quotation # TPJC23812R1 Fleet Superintendent 11/18/2019 Tel: (772-589-1295) Email: tclarke@cityofsebastian.org 150KW and 1600Amp ATS City Hall We are pleased to offer this Quotation as detailed below Description . _ _ _ Each Extended Model TP125 Base Awarded Tradewinds Generator Set under FSA 46,268 46,268 contract No. FSA14-VEH17.0 , Specification # 105 Upgrade to Model T150 -UL -FS Tradewinds 150KW Generator Set 8,103 150 KW (187 KVA) Standby, 135 KW (168 KVA) Prime Power (UL2200 Listed) 1201208 Volts [reconnect able], 60 Hz, Three Phase, 0.8 Power Factor Amp Load Capacity: 521; Load Bank tested. Perkins Diesel engine, Model 1106D-E70TAG3 TIER 3 @ 1800 RPM complete with 12 Volt Electrics, Radiator & Guard Marathon Brushless Single Bearing Alternator Automatic Voltage Regulator & Vibrations Isolation Mounts Tradewinds Deluxe Digital Instrument/Control Panel with Safety Shutdowns Complete with DC Voltmeter, Hour meter, Oil and Temperature Gauges Frequency Meter, Ammeter & Voltmeter with Phase Selector Switch, Engine Cool Down Timer, Remote "E" Stop Contacts, Remote Auto Start Control, Low Fuel Level Alarm, J - 1939 Code readout, NFPA 110 Compliant, On/off Switch, 3 R.C. Breakers, 1 A.C. Breaker, and Emergency Push Button. Equipment included in above pricing: 12 V Battery, Battery Rack, and Cables Battery Charger installed and wired to duplex electrical box that is wired to incoming service feed with fuses. 25db Si€encer mounted in front of package with vertical discharge Discharge with Exhaust and Flex Exhaust Connection Initial fill of oil and antifreeze Water and Oil drain lines with brass ball valves located inside enclosure. Heavy Duty Canister Type Air Cleaner Jacket Water Heater, Thermostatically controlled installed and wired to Duplex electrical box that is wired to incoming service feed with fuses. 385 Gal UL142 sub base tank with Alarms and spill containment Enclosure constructed from a continuous roof, ,125 aluminum, White powder coat paint, stainless steel hardware, and keyed alike doors. 600 amp, Circuit Breaker main Disconnect 80% rated UL listed TREG-03-FS = Emergency break glass remote stop N3r box Full Load Factory test One (1) complete operation and maintenance manual Two (2) year, Standby Warranty TRMA-02-FS=NFPA110 compliant generator remote annunciator Panel TDVARP-04-FS 1 Generator Voltage regulator Upgrade with PMG Sub Total, FOB our warehouse, Miami, Florida Onsite Start-up and building load test Delivery to job site, FI. Off loading by others Sub Total for Page 1 of 2 Estimated Shipping date from receipt of order: 18 Weeks L 8,103 $54,371.00 Inc Inc $54,371.00 Page 1 of 2 239 of 257 :,TRADEW/NDS POWER CORP 5820 NW 84th Avenue Miami Florida 33166 Tel 305 592 9745 FAX 305 592 7461 TO: City Of Sebastian T. Alan Clarke Fleet Superintendent Tel: (772-589-1295) Email: tclarke@cityofsebastian.org Filters Pump Sets Power Units Cenerutor Sets Automotic Enoine Controls Quotation # TPJC23812R1 11/18/2019 150KW and 1600Amp ATS for City Hall We are pleased to offer this Quotation as detailed below_ Amount 1Desertion Sub total from Page 1 Model TS870 Automatic Transfer Switch was Awarded to Tradewinds under No. FSA19-Veh17.0, Spec #228. 600Amp Upgrade to TTSE-1600-FS Thomson Technology Automatic Transfer 1600 amp, 1201208vac, 3ph, 60hz, Thomson Technology Automatic Transfer mounted in a NEMA 3r enclosure : Service Rated on Utility Upgrade to TTSS-1600-2000-FS = Addder for Nema 4X 316 stainless enclosure { D Sub Total, FOB our warehouse, Miami, Florida Onsite Start-up and building load test Delivery to Job Site, FI. Off loading by others Total State & Local Tax as Applicable Estimated Shipping date from receipt of order: 18 Weeks Price Validity: 45 days-, 15% Cancellation Charge for Restocking. Wire -Transfer: Tradewinds Power Corp Division of Southeast Diesel Corp FIB/0 Wells Fargo Bank Acct# 4945741023 ABA#121000248 Each Extended 54,371 _ $54,371.00 5,458 5,4581 22,730 22,730 7,125 7,12511 Inc. Inc. John Carey 89,684 Inc. Inc. 89,684' Page 2 of 2 240 of 257 :,TRADE WINDS fi POWER CORP TP150 UL Series Generator set features Powered by Perkins diesel engine, four stroke, water cooled, radiator sized for 120°F ambient clearance; 12vdc electric starter and engine battery charging alternator, battery cables and grounding strap. Direct coupled AC Alternator, synchronous, single bearing, brushless, NEMA class "F" insulation, 130'F temperature rise, 40°C ambient,externally voltage regulated. Built in vibration isolators; full load factory test with safety shutdowns for high water tempera- ture and low oil pressure. 2000 hours Warranty Standby application Optional Equipment available • Digital Control panel • 17 light Remote Annunciator Panel • Permanent Magnet Generators (PMG) with Voltage Regulator upgrade PM300, PM500 or DVR2000 • Oversized Generator ends for motor starting application • Space Heater 2401120 V • Generator Drip Covers • Special Insulation for Alternator • Mainline Generator Circuit Breakers • Shunt Trip for Circuit Breakers • Industrial Grade Exhaust Silencer • Critical Grade Exhaust Silencer & SS flex connectors • Weather Enclosure, marine grade aluminum • Noise reduction enhancement • Steel sub base • Steel sub base tanks UL142 listed • Cylindrical skid mounted fuel Tanks and Day Tanks • Water Separator Fuel Filter • Thermostatically controlled Jacket Water Heaters • Starting Batteries • Automatic Battery Chargers 5-10 amps • Automatic Transfer Switches • 120v output receptacles • Custom Color paint option A&r 1� rrrrrr�i ?-mop, + 4 Aft r 150kW T3 �l ■ POWERED BY Perkins lits 60HZ @ 1800 RPM kW kVA kW kVA Power VAC Phase Amperes Standby Standby Prime Prime Factor 150 150 135 135 1201240 1 1 625 150 187.5 135 169 1201208 Y 3 0.8 520 150 187.5 135 169 1201240 D 3 0.8 451 150 187.5 135 169 2771480 Y 3 0.8 226 'Standby ra4ngs are applicable for the durahen of any power outage- No overload is avallat,le at these ra6rlgs- Prime iaUngs are eonfinu- alls per 65 6514, DIN 6271, 1503046 & IEC 34 1. overload capacity on prime paver ratings is iD%far one hour in each twelve hours al operation. All single phase ratings are based on a 1.0 power taeter, three (3) phase ratings based on a 0.6 power factor. Ratings are estahlished basad on 85'F ( 29'c ( and an elevation of 1.000 feel 1305 meter$, Please consult your Tmdewfrld:' representative for Info oratlon concernlog dereles for temperature, altitude & humidty. Power When You Need It! Tradewinds Power Corp • 5820 NW 84th Ave Y Miami, FL 33166 • 800-223-3289 www.tradewindspower.com 241 of iV0 ULT3 917 Engine Specifications Model: Perkins 1106D-70TAG3 T3 Cylinder: 6 Vertical in Line Maximum Power: 245.9 bhp 1183.5 kWm @ 1800 RPM Governor type : Electronic Combustion : Direct injection Induction system: Turbocharged Air Charge Cooled Cubic Capacity: 427.16 in317.0 L Bore & Stroke: 4.13" x 5 " 1 105 mm x 127 mm Starter Motor: 4 kW, 12V Alternator: 65 amps, 12V Glow Plugs Fluids: Oil capacity: 18.42 quarts 1 17.5 liters Coolant capacity: 4.35 Gallons 121 liters General: Oil Filter: Spin -on type Fuel Filter: Split element Air Filter : Dry element type Fuel specification: EPA213 89.330-96 EPA 40 CFR Part1039 Fuel consumption: US gal. Ilhr 50% Prime load - 5.04 19.1 75% Prime load - 7.68 29.1 100% Standby load - 11.01 41.7 0 Perkins Alternator Specifications Marathon Electric : Type: Brushless, Self Excited Pole: 4P Rotating Field Voltage Regulator: SE350 Voltage regulation: + 1 - 1 %, Volts/ Herz Electronic, EMI filtered Class Insulation: `F' to NEMA MG1-22.40 Temperature Rise: 13000 1 40 C° Ambient Coupling: SAE Adapter, Flexible Disc, Direct Load acceptance: One Step, 100% per NFPA 110 Features: Self ventilated drip -proof construction. Superior voltage balance and waveform achieved by unirotor construction and minimized harmonic distortion by a 2/3 pitch winding. Vacuum -impregnated windings with fungus -resistant epoxy for dependability and long -life. Meets NEMA MG1-32, BS5000 , IEC 34-1 standards for temperature rise. Sustained short-circuit capability enabling down -line circuit breakers to trip without collapsing the generator field. UL, CE,CSA Certified ®ltd. VA# !' Authorized Dealer: Specifications are subject to change without notice 150kW T3 Control Panel Specifications Digital Control For standalone generator sets, no paralleling or load Sharing capability. Microprocessor based technology, liquid crystal Display. SAE J1939 CANBUS Communication; Remote Annunciation, Multilingual capability, Operational features • Alternator Protection: Under voltage, Overvoltage Under frequency, Over frequency Voltage Phase Imbalance Reverse Power Instantaneous Overcurrent • Engine Protection: Low oil pressure High coolant temperature Over crank • Meters: Volts, Current, Hz, Watts, VA, Pf, Oil Pressure, Coolant Temperature, RPM, DC Volts, Fuel Level, Engine running time, Engine Load • Event Recording, up to 30. • Programmable Analog Engine Senders • Exercise Timer • Input Dry Contacts (7) • Output Dry Contacts (4) • Automatic Transfer Switch Control ( Mains failure) Dimension and Weight Open Style Unit: 107 in. L x 47 in. W x 57 in. H Overall Dry Weight: 3340 Ib. 12004 kg. without fuel tank Enclosed Style Unit: 131 in, L x 47 in. W x 57 in. H Overall Dry Weight: 3740 Ib. 1 1696 kg. without fuel tank Note: The above dimensions and weights would change if a sub -base fuel tank is added. An electrical Stub area is positioned at the rear of the sub -base fuel tank, spacing from rear access cover to the tank is approximately 9 in. 1228.6 mm. Dimension applies for both UL and Non UL tanks. Tradewinds Power Corp • 5820 NW 84th Ave • Miami, FL 33166 • 800-223-3289 www.tradewindspower.com 242 of 21V0 ULT3 817 __��___ *-y r� RALL = E L E C T R i C �fltk 1948 Sold To: Scott Baker 1225 Main Street Sebastian Florida 32958 Job Location 1225 Main St Sebastian, FL 32958 Description QUOTATION Quote: Date: Reference Number 2012 Aurora Road Melbourne, FL 32935 Phone: (321) 259-2885 Fax: (321) 254-1518 EC 13003441 COC 1526728 00014263 Nov8119 CITYHALL15OKW Quoted By: Chris Hughes Email: chughes@eg-electric.com We are pleased to submit our quotation for the following work: Scope of Work: Labor and material to install new 150kW Tradewinds diesel generator includes: Concrete pad for generator and ATS (near PD gate area) Copper wire between generator and ATS Copper wire between ATS and existing FPL transformer New equipment grounding conductors as needed Engineered design and drawings Permit and inspections Two hollards to protect generator from vehicle traffic Payment and Performance Bond Rigging and crane service to set generator and ATS New circuits for battery charger and block heater to gen Startup and testing of complete system Not included: Diesel fuel Fence work (none anticipated) Generator and automatic transfer switch - the city will purchase equipment items listed on Tradewinds Power Corp Quotation ##TPJ23811 dated 11/05/2019 Total 243 of 257 UU RALLIE E L E C T R I C �sEncE i9a Sold To: QUOTATION 2012 Aurora Road Melbourne, FL 32935 Phone: (321) 259-2885 Fax: (321) 254-1518 EC13003441 CGC1526728 Scott Baker Quote: 00014263 1225 Main Street Sebastian Florida Date: Nov8119 32958 Reference Number CITYHALL150KW Job Location 1225 Main St Sebastian, FL 32958 Quoted By: Chris Hughes Email: chughes@eg-electric.com Subtotal Total Quotation 65, 570.00 65, 570.00 244 of 257 WORK SERVICES AGREEMENT — GENERATOR INSTALLATION RFQ 19-05: Design Build of Emergency Generator at Sebastian City Hall This Agreement is entered into by the parties this day of 2020. 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Eau Gallie Electric, (Contractor). 2. Designated Contact Person as to City: Scott Baker (PROJECT MANAGER) Public Facilities Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8113 Cell: 772-633-0897 Email: sbaker@cityofsebastian.org 3. Designated Contact Person as to Contractor: Chris Hughes (PROJECT MANAGER) President 2012 Aurora Road Melbourne, FL 32935 Phone: 321-259-2885; opt 5 Email: chughes@eg-electric.com 4. Agreement Document. In resolving conflicts, errors, discrepancies, and disputes concerning the scope of services or other rights or obligations of the parties, precedence shall be given in the following order (1) a fully executed Amendment to this Agreement, (2) provisions of this Agreement, (3) provisions of the Invitation to Bid, (4) provisions of Contractor's Bid Submission, (5) provisions of the Purchase Order, and (6) provisions contained in any governmental regulation incorporated herein by reference. There are no understandings or agreements except as herein expressly stated. Exhibit "A"- Quote for Installation submitted by Contractor 5. Scope of Services. Contractor will install a Tradewinds 3 -Phase, 150KW diesel generator with automatic transfer switch, direct purchased by the City, at Sebastian City Hall. Services provided under this agreement shall include all labor, equipment, materials, supervision and transportation; overhead and profit necessary to complete the scope of services. Site restoration (i.e. clean up and sod/landscape replacement, etc.) shall also be provided under this agreement. All Work shall be done in accordance with, all laws, ordinances, building codes, rules and regulations applying to the scope. 6. Term and Completion Time. The duration of the Agreement shall be for the completion of the work stated in Section 5. The project shall be fully completed, including Punchlist items, by August 1, 2020 or thirty (30) days following the delivery of the generator, whichever is later. NOTE: The City reserves the right to allow for any approved extensions. 7. Compensation. City shall pay Contractor for the performance of the work for the installation of the above specified generator, in accordance with the Price Form set forth on the attached Exhibit "A" in the amount of a SIXTY -FIX THOUSAND FIVE HUNDRED SEVENTY DOLLARS ($65,570.00). Completed work must be inspected and accepted by the City of Sebastian's designated Project Manager. NOTE: The City reserves the right to request additional information or documentation to detail items on payment request. 8. Performance Bond. Within thirty (30) days from the date of signing this Agreement, Contractor shall furnish a performance bond for 100% of the proposed total amount of the Contract. Bonds must be executed by a surety company authorized to do business in the State of Florida and that complies with the requirements of Florida Statutes 287.0395. City of Sebastian, Florida / Eau Gallie Electric Initials RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 1 of 1 45 Of t5 -T 9. Notices. All notices between City and Contractor, as required under the Agreement, shall be by telephone, facsimile, e-mail, mail, or by personal delivery to the respective designated contact person identified above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 10. Modification of Agreement. The Agreement may only be modified or amended upon mutual written agreement of City and Contractor. No oral agreements or representations shall be valid or binding upon City or Contractor. No alteration or modification of the Agreement terms, including substitution of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of the Agreement by affixing additional terms by incorporating such terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance of product or processing of documentation on forms furnished by Contractor to City for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. If City identifies any additional Services to be provided by Contractor that are not covered under the original Agreement, such additional services shall be made a part of this Agreement by a written Amendment. 11. City's Project Manager. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of plans/specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City' Manager who will resolve such questions. All work shall be subject at all times to inspection and review by the Project Manager and the City. 12. Materials, Services, and Facilities: It is understood that, except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Services within the specked time. The City will provide Contractor with access to the Facilities so as to permit Contractor to meet its obligations herein. 13. Change Orders. City may at any time, as the need arises, order changes within the scope of the services without invalidating the Agreement. If such changes result in an increase or decrease in the Contract Price, or in the time required for performance of the Services, an equitable adjustment shall be authorized by way of a Change Order. 14. Indemnification. The Contractor shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Contractor, its family, associates, contractors, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 15. Termination of Agreement. Either party may terminate this Agreement by giving the other party thirty (30) days written notice. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non -defaulting party may, at its option, terminate this Agreement by giving written notification thereof to the defaulting party. In the event of termination, City will be responsible for compensating Contractor only for those Services satisfactorily completed or partially completed up to the date of termination. Contractor shall not be entitled to compensation for loss of anticipated profit. 16. Licenses and Certifications. Contractor, or its sub-contractor(s), shall possess and maintain during the term of this Agreement any and all licenses required to perform the Services covered under this Agreement, as stipulated by the State of Florida and The City of Sebastian. City of Sebastian, Florida / Eau Gallie Electric Initials �g� RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 2 of f3'" of 257 17. Insurance. During the term of the Agreement, Contractor, at its sole expense, shall provide insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Contractor. Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Contractor's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 17.1 Minimum Insurance Requirements. Contractor shall obtain and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the contractor, his agents, representatives, employees or subcontractors. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Contractor against any loss exposures, whether as a result of the Project or otherwise. The requirements contained herein, as well as City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under a contract. an amount not less than: Commercial General Liability $2,000,000 General Aggregate Limit • $50,000 Fire Damage Limit • $5,000 Medical Expense Limit an amount not less than: Automobile Liability • $1,000,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit The Proposer shall submit and maintain worker's compensation Worker's Compensation insurance to the extent required by law for all their employees to be engaged in work under this contract, in accordance with Florida Statutes 440. 17.2 Other Insurance Provisions: 17.2.1 City of Sebastian, its council members, officers, employees and agents are to be covered as an Additional Named Insured on all policies except Worker's Compensation. The coverage shall contain no special limitation on the scope of protection afforded to the City, its council members, officers, employees and agents. Contractor shall provide a Certificate of Insurance to City with a thirty (30) day notice of cancellation and/or changes in policy language, and ten (10) day notice if cancellation is for nonpayment of premium. The certificate shall indicate if coverage is provided under a "claims made" or "occurrence" form. 17.2.2 All required insurance policies must be written with an insurance carrier having a minimum A.M. Best rating of A+. 17.2.3 Contractor has sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. For deductible or self-insured amounts that exceed $10,000, Contractor shall maintain a Commercial Surety Bond or Letter of Credit in an amount equal to said deductible or self-insured retention. City of Sebastian, Florida / Eau Gallie Electric Initials RFG #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 3 of 7 of257 17.2.4 Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of Contractor's insurance and shall be non-contributory. 17.2.5 For all policies of insurance: Contractor and its insurance carrier waive all subrogation rights against City for all losses or damages that occur during the contract and for any events occurring during the contract period, whether the suit is brought during the contract period or not. The City requires General Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of Recovery Against Others to Us or similar endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers Compensation coverage. 17.2.6 It is Contractor's responsibility to insure that all subcontractors comply with these insurance requirements. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 18. Public Records: Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Contractor will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Contractor does not transfer the records to the City. Upon completion of the Agreement, Contractor will transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public records to City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Contractor does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215. 19. Liquidated Damages. The City shall be entitled to liquidated damages in the amount of THREE HUNDRED DOLLARS ($300) per day that the Contractor is late in completing the work requirements. Said damages shall be deducted by the City from monies due to Contractor. NOTE: The Contractor's recovery of damages and sole remedy for any delay caused by the City shall be an extension of time on the Contract. THIS SPACE INTENTIONALLY LEFT BLANK City of Sebastian, Florida / Eau Gallie Electric Initials — RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 4 of V8 D 7- 20. Payment of Payment Requests: 20.1 Payment Requests/Invoices. Requests for payment for the provision of the Services provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Contractor's payment request/invoice, the City will review such to ensure completion with required basic information and that the Services covered under the payment request have been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Services covered under the payment request do not satisfy this Agreement, the payment request may be rejected. 20.2 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Services completed to the satisfaction of City. 20.3 Form of Request. If the payment request is not received in proper order, City may reject the payment request within ten (10) business days after the date on which the payment request is recorded as received by City. City shall provide Contractor with a written notification of the rejection specifying the deficiency and corrective measures necessary to make the payment request proper. Upon receipt of a payment request that corrects the deficiency, City shall make payment in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act", or reject the payment request, within ten (10) business days after the date on which the corrected and proper payment request is recorded as received by City. 20.4 Resolution of Payment Request Disputes. In the event of a dispute between Contractor and City concerning the full or partial payment of a payment request, such disagreement shall be finally determined by City. If the dispute between Contractor and City involves a portion of a payment request, the undisputed portion shall be paid by City in a timely manner, as long as the payment request for the undisputed portion is in proper order. Proceedings to resolve the dispute will be commenced within forty-five (45) business days after the date the payment request in dispute was recorded as being received by City. The proceedings may include meetings between the parties, telephone conferences or such other measures to clarify the dispute and attempt to resolve the problem; they will be concluded by a final written decision by City within sixty (60) business days after the date on which the payment request was recorded as being received by City. Such procedures do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. 20.5 Payments to Subcontractors. When Contractor receives from City any payment for Services covered under the Agreement, Contractor must pay such moneys received to each subcontractor or supplier in proportion to the percentage of the Services completed by each subcontractor or supplier within ten (10) business days after Contractor's receipt of the payment. If Contractor receives less than full payment, then Contractor shall be required to disburse only the funds received on a pro rata basis to its subcontractors and suppliers, each receiving a prorated portion based on the amount due on the payment. If a subcontractor receives payment from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by the subcontractor, the subcontractor must remit payment due to those subcontractors or suppliers within seven (7) business days after the subcontractor's receipt of payment from Contractor. City of Sebastian, Florida / Eau Gallie Electric Initials 9,4 RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 5 of 1'3'j C 7- 21. Warranties: 21.1 Warranty of Ability to Perform. Contractor warrants that, to the best of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any other legal or financial conditions, that would in any way prohibit, restrain, or diminish Contractor's ability to satisfy its obligations under the Agreement. 21.2 Warranty Against Defects in Workmanship. Contractor shall warrant its Services against defects in materials and workmanship for a minimum period of one (1) year from acceptance of the Services by City. Should any defects in materials or workmanship appear during the warranty period, Contractor shall replace the materials or equipment, or repair or re -do the service, immediately upon receipt of written notice from City, at no additional expense to City. Contractor shall warrant such replaced materials or equipment, or repaired or re -done Services, for a period of one (1) year after acceptance of such by City. 21.3 Warranty of Standard Care. In the performance of professional services, Contractor will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. Contractor will use due care in performing its Services and will have due regard for acceptable professional standards and principles. Contractor's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. If any of the Services performed by Contractor do not comply with the foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole expense) promptly re -execute the nonconforming Services. All such re -performed Services shall be performed on a mutually agreed schedule. Contractor shall and does hereby assign to City the benefits of any of Contractor's subconsultant's or subcontractor's warranties. Such assignment shall not relieve Contractor of its warranty obligations for performance or standard of care to City under this Agreement. 21.4 Warranty of Title. Title to any work product furnished by Contractor under the Agreement shall pass to City to the extent of the Payments made for such by City, or on the date that City accepts the completed Services of Contractor. When title passes to City in accordance with the Agreement, Contractor warrants that the work product furnished will be free and clear of all security interests, liens and encumbrances or claims of any party. 22. Additional Terms and Conditions (alphabetically listed): 22.1 Assignment. Neither City nor Contractor shall sell, assign or transfer any of its rights, duties or obligations under the Agreement without the prior written consent of the other Party. In the event of any assignment, Contractor remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability. 22.2 Bankruptcy or Insolvency. Contractor shall promptly notify City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or of any insolvency of Contractor or any of its subcontractors who are involved in the provision of the Services under this Agreement. 22.3 Compliance with Laws. Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform Commercial Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States Occupational Safety and Health Act, the United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, sexual orientation, gender identity or expression or veteran's status. Violation of such laws shall be grounds for termination of the Agreement. City of Sebastian, Florida /Eau Gallie Electric Initials �� RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 6 of 5-0 22.4 Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the Services covered under this Agreement. Furthermore, Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for 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 Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor, and its subcontractors at any tier, certify that they have not entered into any contract, sub -contract, or arrangement in connection with the Project covered under this Agreement, or of any property included or planned to be included in the Project, in which any member, officer, of employee of Contractor or its subcontractors, during its tenure, or for two years thereafter, has any interest, direct or indirect. 22.5 Correction of Services. Contractor shall promptly remove from the premises all Services rejected by City for failure to comply with the Contract Documents, whether incorporated into the Project or not, and Contractor shall promptly replace and re -execute the Services in accordance with the Contract Documents, without additional expense to City, and shall bear the expense of making good all Services of other contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of Services shall be done at Contractor's expense. If Contractor does not take action to remove such rejected Services within ten (10) calendar days after receipt of written notice from City, City may remove such Services on their own and store the materials at the expense of Contractor. 22.6 City Funds. If sufficient funding is not available for Contractor to complete the Services, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available funding. If such modifications to the Scope of Services are not feasible, or if funding has been totally exhausted prior to Contractor's completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to both parties. Additionally, in accordance with Section 216.347, Florida Statutes, and as provided herein, Contractor may not expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies. 22.7 Debarment. Contractor certifies to the best of their knowledge and belief, that they and their principals 1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, City, State or Federal department or agency, 2) have not, within a three-year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property, 3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above, 4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default, and 5) will advise City immediately if their status changes and will provide an explanation for the change in status. 22.8 Discriminatory Vendor. Contractor certifies that they are not subject to Section 287.134 (2)(a) which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/bid on a contract to provide any goods or services to a public entity, may not submit a Bid/Bid on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with any public entity, and may not transact business with public entity. City of Sebastian, Florida / Eau Gallie Electric Initials RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 7 off Ofi2 � 22.9 Dispute Resolution. For any dispute concerning performance of the Agreement, which includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission, City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with Contractor. Should a mutual agreement not be reached, City shall render a decision and reduce such to writing and serve a copy on Contractor. The decision shall be final and conclusive. 22.10 Disposal of Wastes. Contractor shall handle any waste materials generated in the performance of the Services in full compliance with all laws, regulations, and requirements of all governmental authorities and those of City. Contractor shall use only disposal facilities which have proper permits and are in full compliance with all Laws. Contractor agrees that City has the right to reject, for any reason, Contractor's use of any particular disposal facility. Refer to Section 4.15 Clean Up in the ITB Documents. 22.11 Documentation. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived there from, will be considered works made for hire and will become the property of City upon expiration or termination of the Agreement without restriction or limitation on their use. Upon delivery to City of said document(s), City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any invention developed under this Agreement. Copies of these documents are not to be sold or distributed to third parties without the written consent of City. 22.12 Drug Free Workplace: Contractor certifies that it has in place a Drug -Free Workplace Program in accordance with the Drug -Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Form F submitted with Bid. 22.13 Electronic Signature(s). Contractor, if and by offering an electronic signature in any form whatsoever, will accept and agree to be bound by said electronic signature to all terms and conditions of this Agreement. Further, a duplicate or copy of the Agreement that contains a duplicated or non -original signature will be treated the same as an original, signed copy of this original Agreement for all purposes. 22.14 Employees, Subcontractors and Agents. All Contractor employees, subcontractors, and agents performing any of the Services under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of certification or other proof of qualification. All employees, subcontractors, and agents of Contractor must comply with all security and administrative requirements of City. City may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee, sub -contractor, and agent of Contractor. City may refuse access to, or require replacement of, any of Contractor's employee, subcontractor and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in security status, or non-compliance with City's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in compliance with the Agreement. City may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. City shall have the right to review and approve any sub -contractor used by Contractor. Contractor shall be fully responsible to City for the acts and omissions of its subcontractors, and persons directly or indirectly employed by them. It is Contractor's responsibility to ensure that their subcontractors are properly licensed to do business in the State of Florida and City of Sebastian, as required by law. All workmen must have sufficient knowledge, skill and experience to properly perform the work assigned to them. All workmen must have proper FDOT safety vest or safety shirts during any mowing, staging of MOT or clean-up operation. 22.15 Environmental Issues. All notifications regarding environmental issues or requirements shall be sent immediately to City's Contact Person. Unless directed otherwise by City, Contractor is not to contact any local, state or federal governmental agencies concerning environmental issues involving the Project Site. City of Sebastian, Florida / Eau Gallie Electric Initials RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 8 of f93-5-2 Df 257 22.16 Equal Employment Opportunity. Contractor shall not discriminate on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seg.), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seg.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seg.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination on the basis of handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et seg.), and any other Federal and State discrimination statutes. Contractor shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the State of Florida Department of Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -contractor hired by Contractor. All Equal Employment Opportunity requirements shall be included in all non-exempt sub -contracts entered into by Contractor. Sub- contracts entered into by Contractor shall also include all other applicable labor provisions. No sub -contract shall be awarded to any non -complying sub -contractor. Additionally, Contractor shall insert in its sub -contracts a clause requiring subcontractors to include these provisions in any lower tier sub -contracts that may in turn be made. Contractor shall comply with all state laws and local ordinances. 22.17 E -Verification System. Contractor shall comply with the Executive order No. 12989 as amended, and Executive Order No. 11-116, and agrees to utilize the U.S. Department of Homeland Security's E -Verify system, httos://e-verifv.uscis.aov/emD, to verify the employment eligibility of: (1) all persons employed by Contractor during the contract term to perform any duties within Florida, and; (2) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract. Contractors meeting the terms and conditions of the E - Verify System are deemed to be in compliance with this provision. 22.18 Force Majeure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"). If a party is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods. 22.19 Governing Law and Venue. The Agreement shall be governed in accordance with the laws of the State of Florida. In the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Indian River County, Florida. 22.20 Governmental Restrictions. If Contractor believes that any governmental restrictions have been imposed that require alteration of the materials used, the quality, workmanship or performance of the Services offered under the Agreement, Contractor shall immediately notify City in writing, indicating the specific restriction. City reserves the right and the complete discretion to accept any such alteration or to cancel the Agreement at no further expense to City. City of Sebastian, Florida / Eau Gallie Electric Initials RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 9 of 53 of 2 57 22.21 Immigration and Nationality Act: Contractor shall comply with all immigration laws as outlined in 8 USC & 1324a - Unlawful emolovment of aliens. City will not intentionally award City contracts to any Contractor who knowingly employs unauthorized Alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout the term of any Agreement with City may result in immediate termination of the Agreement. City will consider the employment of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by City, if Contractor knowingly employs unauthorized aliens. 22.22 Inspection, Performance, Supervision. City reserves the right to inspect the Services provided by Contractor, whether partially or fully completed, at any time, as deemed appropriate by City for the purpose of ensuring Contractor's performance under the Agreement. Such inspections performed by City, shall not be construed as a final approval of Contractor's Service, and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to inspect, at any reasonable time with prior notice, Contractor's facilities to assess conformity of the provision of the Services with the Agreement requirements. City reserves the right to investigate or inspect, at any time, whether the provision of the Services complies with the Agreement requirements. Contractor shall at all times during the Agreement term remain responsive and responsible. Contractor must be prepared, if requested by City, to present evidence of experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance of the provision of the Services covered under the Agreement. This paragraph shall not mean or imply that it is obligatory upon City to make an investigation either before or after award of the Agreement, but should City elect to do so, Contractor is not relieved from fulfilling all Agreement requirements. Contractor shall supervise and direct the performance of its Services and shall be solely responsible for the means, methods, techniques, sequences, and safety of construction and operations. Contractor will employ and maintain at the Project Site a qualified supervisor or superintendent who shall have been designated in writing by Contractor as the Contractor's representative at the Project Site. The supervisor or superintendent shall have full authority to act on behalf of Contractor and all communications given to the supervisor or superintendent shall be as binding as if given directly to Contractor. The supervisor or superintendent shall be present on the Project Site at all times as required to perform adequate supervision and coordination of the Contractors Services. 22.23 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the performance of the Services materialize after City has made Payment to Contractor, Contractor will indemnify and save City harmless from such claims. Acceptance by Contractor of payment shall be and shall operate as a release to City of all claims and all liabilities to Contractor, other than claims in stated amounts as may be specifically excepted by Contractor for things done or furnished in connection with the provision of the Services, and for every act and neglect of City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment, whether final or otherwise, shall not release Contractor or his sureties from any obligations under the Agreement. 22.24 Lobbying. Contractor shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, Services, employment, or contracts of any kind. City of Sebastian, Florida / Eau Gallie Electric Initials of 257 RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 10 0 22.25 Non -Collusion. Contractor agrees that neither it, nor any of its officers, partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and that Contractor intends to do the work with its own bona fide employees or subcontractors and has not provided a response for the benefit of another contractor. Furthermore, Contractor certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public contract. 22.26 Non -Funding Clause. In the event sufficient budgeted funds are not available or depleted, City shall notify Contractor of such occurrence and contract shall terminate without penalty or expense to the City. 22.27 Non -Performance Clause. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non-performance/deficiencies as identified by the City to the Contractor shall be addressed 1. Verbally 2. Written Notice. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 22.28 Permits. The Contractor shall be responsible for applying and obtaining all necessary permits from the appropriate agencies. City of Sebastian is responsible for any associated fees. The Contractor must post all permits on a visible location at the job site. 22.29 Project Site Conditions. Contractor shall be deemed to have examined Project Site(s), if applicable and to have secured full knowledge of all conditions under which the Services are to be executed and completed. 22.30 Protection of Persons. Contractor will be responsible for the safety of its employees and the employees of its subcontractors, during the provision of the Services. Contractor will be responsible for initiating, maintaining and supervising all safety programs in connection with the provision of the Services in accordance with applicable safety standards and regulations, as promulgated by the United States Occupational Safety and Health Act. Contractor shall report promptly to City any accident or unusual occurrence during performance of the Services, including personal injury or death to any Contractor employee, sub -contractor employee or any member of the public, or any damage to any of City's property, the Project Site, or adjacent property. 22.31 Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, bid, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, bid, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, bids, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 22.32 Relationship. Contractor is an independent contractor to City in the provision of the Services under this Agreement and is not an employee, agent, joint -venture, or partner of City. City of Sebastian, Florida / Eau Gallie Electric Initials RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 11 of Ot'25-T 22.33 Remedies. If any event of default occurs, City shall have the right, at the option of City, to pursue all remedies available at law or equity, including the termination of this Agreement and all rights of Contractor hereunder. Notwithstanding City's termination of the Agreement, Contractor shall remain liable to City for all claims for damages, costs or attorney's fees arising prior to such termination. 22.34 Risk of Loss. Until the Services have been accepted by City, risk of loss or damage to any materials, equipment, supplies or work product, whether partially or fully completed, that are associated with the Services shall remain with Contractor. 22.35 Schedules, Reports and Records. Contractor shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Services covered under the Agreement. Furthermore, City reserves the right to inspect and audit Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Contractor, as they relate to the Agreement, shall be retained by Contractor for a period of three (3) years from the date of final payment under the Agreement. 22.36 Security and Confidentiality. Contractor shall comply fully with all security procedures of City in the performance of the Agreement. Contractor shall not divulge to third parties any information obtained by Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of the provision of the Services without the written consent of City. However, Contractor shall be permitted to release information to third parties if such information is publicly available through no fault of Contractor, information that Contractor developed independently without relying on City's information, or information that is otherwise obtainable under State and Federal law as a public record. To insure confidentiality, Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. 22.37 Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 22.38 Stop Work Order. The City may order that all or part of the work stop if circumstances dictate that this action is in the City's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the City's Council, a condition of immediate danger to the City, the Contractor or the public, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the Contractor to the City. If this provision is invoked, the City shall notify the Contractor in writing to stop work as of a certain date and specific the reasons for the action, which shall not be arbitrary or capricious. The Contractor shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the City is received. If deemed appropriate by the City and in the event work is resumed, the City may amend this Agreement to reflect any changes to the Scope of Services and/or project schedule. 22.39 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 22.40 Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the laws and regulations of the State of Florida which are applicable to the provision of the Services under the Agreement. City will not pay for any personal property taxes levied on Contractor or for any taxes levied on Contractor's employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Exemption Certificate (No. 85-8012621778C-1). All purchases made by City directly from a dealer, distributor or manufacturer for materials, equipment or supplies ("direct purchase") instead of through the Contractor are exempt from sales, consumer, use and other similar taxes. City of Sebastian, Florida / Eau Gallie Electric Initials RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 12 06 OBJ% 22.41 Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 23. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: JAMES D. STOKES, CITY ATTORNEY THE CITY OF SEBASTIAN: BY: PAUL E. CARLISLE, CITY MANAGER EAU GALLIE ELECTRIC BY: CHRIS HUGHES, PRESIDENT City of Sebastian, Florida / Eau Gallie Electric Initials RFQ #19-05 Design Build of Emergency Generator at Sebastian City Hall Page 13 0f4§7 0= Additional agenda item to be requested: Request to lift the moratorium on the spraying of herbicides and pesticides at the City's athletic fields and surrounding common areas. LM OF SET1A HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: January 8`h, 2020 AGENDA ITEM TITLE: Request to Lift the Moratorium on Spraying of Herbicides and Pesticides at City Athletic Fields and surrounding Common Areas RECOMMENDATION: Staff Recommends lifting the moratorium on the spraying of herbicides and pesticides on City athletic fields and surrounding common areas in order to ensure the safety of athletic league participants. BACKGROUND: The City Council issued a moratorium on the spraying of all herbicides and pesticides in all City parks for 120 days beginning on November 20`h, 2019. We are currently beginning to experience issues with fire ants, sod webworms, and mole crickets at our athletic fields. The upcoming youth athletic leagues are getting organized and would begin practices in late January / early February. In order to ensure safe playing facilities, City staff needs to begin treatments for these problems as soon as possible. While in the approximately 6 weeks since the moratorium we have been able to closely monitor the fields and have currently began to have concerns with the pests, weeds, and also fungus that have now appeared. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A Administrative Services Department/CFO Review: ATTACHMENTS: 1) Memo City Manager Authorization: Date: CRYOF HOME OF PELICAN ISLAND Leisure Services Department 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 OFFICE TELEPHONE (772) 228-7057 To: Paul E. Carlisle, City Manager From: Brian Benton, Leisure Services Director Date: January 6, 2020 Subject: City Athletic Field and Common Area Spraying City staff has spent the last 6 weeks closely monitoring our athletic fields and surrounding common areas since the November 201h spraying moratorium was put into place. The athletic fields at Barber Street are beginning to experience issues with sod webworms, mole crickets, and some fire ants. These pests are beginning to cause damage to the field level and root system. If these conditions are allowed to continue with no treatment there is the potential of field safety concerns for the upcoming youth athletic leagues due to the uneven turf, bare spots, holes in the fields, and fire ant hills. As stated by the STMA (Sports Turf Managers Association) "A facility may be liable for injury if it can be proven that the typical/normal standard of care was violated." The responsibility of an athletic facility is to provide a safe, playable area for all athletes. The athletic Feld at Friendship Park has begun to see an increase in usage by the local soccer organization; however there are now fire ant hills spread across the field making the field unsafe for usage. We are currently seeing an increase in the number of field usage requests due to the greatly improved condition of the athletic fields at Barber Street over the last 12 months. This is a direct result of the hard work of our 2 staff members assigned to this facility, whom are both Licensed certified applicators. Staff has attended OF/IFAS Green Industries Best Management Practices training as well. City staff requests permission to begin the following applications that are necessary at this time: • Spray a mixture of Speedzone, Mansion and Crosscheck on the football fields • Spray the Baseball/Softball fields with Mansion and Crosscheck • Spray the common areas with Speedzone • Spray the fence lines and sidewalks with WOW • Spray fungicide at Barber Street athletic fields • Apply TopChoice or Advion to Friendship Park athletic field • Apply an application of TopChoice to Barber Street in late February, early March All applications are done according to the label and when conditions are best. City staff assesses the field conditions on a daily basis and this determines what needs to be applied in the future. These are the applications that need to be done currently based on what is happening with the turf. We will be conducting soil sample testing in the coming weeks to determine the current soil conditions on the fields. The Leisure Services Department's goal is to provide the athletic participants the safest, playable athletic facility possible.