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Home My WebLink About02-24-2021 CC AgendaIndividuals are subject to screening prior to entering any City building and entry may be denied if any indicator of illness or prior COVID exposure is identified. All persons entering City Council Chambers where social distancing is not possible, shall wear face coverings. R-20-32 Sec. 1(1) On J HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY AGENDA WEDNESDAY, FEBRUARY 24, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. INVOCATION - Cantor Sara Kheel, Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE - Council Member Chris Nunn 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. Brief Announcements: Saturday, February 27, 2021 - Sebastian River Art Club at Riverview Park - 10am — 4pm Saturday, March 6, 2021— Craft Club of Sebastian at Riverview Park - 10am -- 3pm 7. 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 materials 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. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. pgs 5-14 A. Approve the Removal, Purchase, and Installation of Six "Welcome to Sebastian" Gateway Signs from West Central Signs, Inc. - SignStar in the Amount: of $44,000 (Transmittal, Schedule, Specs) 1 of 227 pgs 15-16 B. Approve the Purchase of Golf Cart Batteries for the Sebastian Municipal Golf Course from Royal Battery in the Amount of $17,466.61 (Transmittal, Quote) pgs 17-18 C. Approve Road Closure for the Leisure Services Department Easter Egg Hunt on March 26, 2021 (Transmittal, Map) 9. 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. 10. PUBLIC HEARINGS Procedures for legislative public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Mayor closes hearing Council deliberation and action pgs 19-49 A. Second Reading & Public Hearing of Ordinance No. 0-21-02 — Adjusting the Police Pension Plan for Changes to IRS Required Minimum Distribution Rules and Provide that the Police Pension Board Shall Adopt Necessary and Appropriate Amendments to Maintain the Police Pension Plan as an IRS Qualified Public Pension Plan (Transmittal, 0-21-02, Letter, IRS Guide, IRS Bulletin) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT PLAN, OF THE CODE OF ORDINANCES, AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; SECTION 58-52, PRE -RETIREMENT DEATH; SECTION 58-55, OPTIONAL FORMS OF BENEFITS; SECTION 58-61, MINIMUM DISTRIBUTION OF BENEFITS; SECTION 518- 62, MISCELLANEOUS PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 11. UNFINISHED BUSINESS pgs 50-67 A. Presentation by Scott Loiacano, Senior Project Manager, Wright Construction Group, Inc. — Design Build Project of the City of Sebastian Public Works Complex at the Sebastian Municipal Airport Approve Design Build Guaranteed Maximum Price (GMP) Work Services Agreement with Wright Construction Group, Inc., Awarded Vendor of RFQ #18- 09 Design Build of City Garage and Public Facilities Storage Building Compound at the Sebastian Municipal Airport in the Amount of $9,161,495 (Transmittal, Proposal, Agreement, Plans, Schedule) 12. RECESS CITY COUNCIL MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING pgs 68-70 A. Approval of Minutes — June 24, 2020 CRA Meeting pgs 71-75 B. Approval of Minutes — January 27, 2021 CRA Meeting 2 of 227 pgs 76-124 C. Authorize the Preparation of a Request for Proposal to Solicit the Future Development of the Harbor Lights Motel Property — 1215 Indian River Drive (Transmittal, RFP Outline, Environmental Screening, Zoning Regulations, Aerial, Survey, Sample Renderings, Sebring's RFP) 13. ADJOURN COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE CITY COUNCIL MEETING 14. NEW BUSINESS pgs 125-188 A. Review of the City of Sebastian's Local State of Emergency Declaration (Transmittal, Governor DeSantis' Executive Orders 20-52, 20-91, 20-92, 20-114, 20-166, 20-192, 20-213, 20-244, 20-276, 20-297, and 20-316, Sebastian's Amended Local State of Emergency Declaration) pgs 189-223 B. Approve the 3 d Amendment to Waste Management's Franchise Agreement for Solid Waste Collection (Transmittal, pgs 224-227 C. Consider Supervisor Swan's Request to Hold 2022 Early Voting in Council Chambers — Consider Rescheduling Affected Council Meetings (Transmittal, Letter, 2022 Meeting Dates, Agreement) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Council Member Jones B. Council Member McPartlan C. Council Member Nunn D. Mayor Dodd E. Vice Mayor Hill 19. ADJOU RN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL 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) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 —ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 3 of 227 ZOOM INFORMATION https://us02web.zoom.us/j/86863122666 Or iPhone one -tap: US: +13017158592, 86863122666# or +13126266799, 86863122666# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 868 6312 2666 International numbers available: https://us02web.zoom.us/u/ksdKAbEWO PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-20-34 Regular Citv Council Meetings Public input is ALLOWED under the heading: 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, providing, 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 Aqenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 227 IIIl l�f SEBASTLAV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 24, 2021 Title & Recommendation: APPROVE the Removal, Purchase and Installation of Six (6) "Welcome to Sebastian" Gateway Signs using Discretionary Sales Tax (DST) Reserves, in the amount of $44,000. Background: The Procurement Division, on behalf of the Leisure Services Department, recommends Council APPROVE the use of Discretionary Sales Tax (DST) Reserves for the removal of existing gateway signage and purchase and install six (6) replacement "Welcome to Sebastian" gateway signs. In 2019, City staff worked with GAIICommunity Solutions Group, Inc. to create the City's 3-year Signage Master Plan for the replacement or addition of City signage. These signs include Parks, gateway, way finding, instructional and acknowledgment signs. This initiative creates and promotes a consistent theme throughout our City in parks and public spaces. At the July 22, 2020 City Council meeting, the final design of signs was approved. The awarded Contractor, SignStar, has since installed 11 park/identification signs and 14 parking signs. These signs were funded by the Recreation Impact Fund and CRA Fund. As we progress into Year 2 of the Signage Master Plan, the vast majority of sign installations will include the six (6) gateway signs. Staff is recommending approval of the use of Discretionary Sales Tax (DST) Reserves to remove, purchase and install the gateway signs. If Aqenda Item Requires Expenditure of Funds: Total Cost: $44,000,00 Account/Funds to Be Used: Discretionary Sales Tax (DST) Reserves Attachments: 1. Schedule of Values 2. Gateway Signage Specifications Administrative Services Department Revie City Attorney Review: Procurement Division Review, if applicaV City Manager Authorization Date: �/ 01.2� 5 of 227 City of Sebastian Sign Project - Schedule of Values & Progress YEAR 2 COST ESTIMATION PROJECT NAME: City of Sebastian RFP19-10 City Slgnage- YEAR 2 APPLICATION NO: 54907-006 PROJECT #: RFP #19-10 Signstar #034116 Project 54907 APPLICATION DATE: 2/12/2021 CONTRACTOR: Signstar PERIOD TO: PER -,ENT COMPLETE TO DATE: 11% A 13 C D E F H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL % BALANCE NO. VALUE FROM PREVIOUS THIS PERIOD COMPLETED (F = C) TO FINISH APPLICATION AND STORED (C -F) (D + E) TO DATE I FISHERMAN'S LANDING $6,52IA3 $0.00 $3,260.00 $3,260.130 49.99% $3,261.43 2 STORM W ATER PARK (rot yr 1) $2,200.00 $0.00 $0.00 $0.00 0.00% _ $2,200.00 Was mfg in yr 3 GATI:WAY LARGE -US I NORTH S6.521.43 $().()0 S0.00 $0.00 0.00% $642L43 4 GAT'FWAY LARGE - us I Sour H $6,521.43 $0.(N) $0.00 $0.00 0.009/0 S6,521A3 5 GATEWAY I.ARGF -CR512 $6,521.43 $0.00 $0.00 50,00 0.00% S6,521.43 I 6 CAfFiWAY SMALL-SNGL POI.E-SCHI)MANN S6,107.00 50.00 SO.00 S020 0.00% $6.107.00 7 GATEWAY 4MAI1.-SNGL POLE -BARBER S6,107.00 SO.UO WOO SOAO (I.0G% $6,107.00_ 8 GATEWAY LARGE - BARBER t 66TH S6,521.43 SO.00 S0.00 S0.00 0.OG% $6,521.43 9 RIVERVIEW PARK $6,521.43 $0.00 SO.00 50.00 0.00% $6,521.43 HOLD EMC REVIEW I HISTORIC SEBASTIAN ELEMENTARY SCHOOL $6,521.43 $0.00 SO.00 $0.00 0.00% S6.521.43 HOLD EMC REVIEW 11 ART & SENIOR CENTERS $6,521.43 $0.00 $0.00 S0.00 0.00% S6,521.43 12 SEBASTIAN CITY HALL $6,521.43 $0.00 $0.00 SO.00 0.00% $6,521.43 HOLD EMC REVIEW 13 FRIENDSHIP PARK $6,521.43 SO.00 $3,260.00 $3,260.00 49.W/o $3,261.43 14 SCHTJMANN PARK $6,521.43 $0.00 $3,260.00 $3,260.00 49.990/6 $3,261.43 15 REMOVAL OF EXISTING GATEWAY SIGNS I S5,600.00 0 SO.00 S0.00 O.00% $5,600.00 I GRAND TOTALS $91,749.73 0 $9,780.00 $9,780.00 S81,969.73 Progress Pa+ ment 54907-006 $0.00 Pra_ress Pad ment 54907-007 50.00 Progress Pa. meat 54907-008 SO.00 Balance Due This Pay App $9,780.00 Progress Payment 54907-009 Amount Paid to Date I 3S:al:�nafn Ilr i'aiC 'y7,"41LU11 I Submitted and Certifed by: _ _ _ f Date: / ! Ci O N N 4 0 REFER TO "CITY OF SEBASTIAN GATEWAY" SIGN TYPE FOR ALL SPECIFICATIONS MESSAGE & SIGN TYPE O-UVACE SPON C2, "CITY OF SEBASTIAN GATEWAY" SIGN TYPE FACE VIEW Sceiv 11P' =17 THIS IS A -FACED SIGN. THE BACK OF THE SIGN CABINET WILL BE ALUMINUM, NEATLY FINISHED. PAINTED WHITE, SMOOTH FINISH, BACK IS BLANK. SITE/LOCATION PLAN .4 r�da PHOTO(S) OF EXISTING SIGN TO BE REMOVED NOTES: ! US t GATEWAY NORTH. I} HEW SIGN WILLBE IN ISLAND, s _ PE RPENOICULAR TO THE ROAD.. - —S J Prajaet:CItyof Sebastian N^ '"Ow rn: eavao CUENT APPROVAL- I Thh �N m raR Address: Cl of Sabaetlan. FL ty A. pr rdpw.h'r..,r.a.dh'aey'nircrcawarer,w�s.,Fya...t.mar.l.q R7: L2jq.M p�r41 a.F.a re rl...n Pr rnlwmrh Mh.ck,IH tN".Md mupa ilp"W. d.twe arE'.1'."edb LYakeTAR � Owgf: 20-00600.2 R5 He: slBn msg sehad yoar2 N]:e-lr.TeNa.�d.'No�T''vb awr U'A'n7rr rda.I+Po Fr�w4o",dhare�dr} l#e; SM. �.ICAugn mM�A�..erensvbgaa�rbn�6tlr �NirAR Cate: 8.1E2O RIM41 ar eer. wr.ie,u A. Wid. Aed g vpWu, phoo Add Wpm N; p>_ e.. ed... QOX to VWw fU R'ry. Eenw,�at..aunrsyr.k. f�xn+s Seale: as noted Rlate.2j rwNro'..e.wn...'nud. �t'.�...y. al dgmkr Ne.. M M HO Md.kf Add n. llw. az tam trl. ep A"RovEo Av OWD AS NOWD ❑ ❑ Nyn�peearO Fu(et]ddW,d51 "DPP t,013T BY: aF Rap: rdF' aIGNATNR$ OATE n3'� +mrNooet CIS kx SEBAST1" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: February 24, 2021 Title & Recommendation: Approve Purchase of Batteries for Golf Carts at Sebastian Municipal Golf Course from Royal Battery, in the amount of $17,466.61. Backqround: The Procurement Division recommends Council APPROVE the purchase of batteries for the remaining out of commission golf carts at the Sebastian Municipal Golf Course. Per Council's directive given at the January 13, 2021 meeting, batteries for 20 carts were purchased to increase cart availability to Golfers. Club Car was able to replace 35 additional batteries that were under warranty. At this time, there are 165 batteries needed to totally re -power the rest of the fleet. Other vendors were considered, however, Royal Battery provided the lowest cost per battery as well as they are local. VENDOR PRICE PER BATTERY Royal Battery $85.47 Cruise Car $160.00 Total Golf Cart - must provide labor $160.00 If Aqenda Item Reauires Exuenditure of Funds: Total Cost: $17,466,61 Budgeted Amount: Account/Funds to Be Used: CARES Act Reimbursement Attachments: 1. Quote from Royal Battery Administrative Services Department Review_' I City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: I? Date: PRICE PER WATERING KIT $100.00 $164, 00 $40.00 15 of 227 From: Randy Havill fmaiIto: RHavill(ccbrovalbatterv_ .coml Sent: Wednesday, January 20, 2021 12:39 PM To: Ann -Marie Fraser Subject: RE: City of Sebastian CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Ann -Marie Here is the quote for the continuation of the repower for additional carts. Part # Battery Specs Price GBAXHD-GC8 8 volt, 170amp capacity @ 20hr rate $102.97/battery FEPC per battery $1.50/battery TOTAL $104.47/battery Core Return $19.00/battery COST PER BATTERY $85.47/battery 165 BATTERIES $14,102.55 MHABG-U48V-6G watering kit / for 48v system 2.5 cell spacing + $100.00/cart 31 WATERING KITS $3,100.00 SHIPPING COST (APPROXIMATE) $264.06 TOTAL COST (BATTERIES, WATERING KITS & SHIPPING) $17,466.61 Batteries carry a 18 month warranty Thanks, Randy Havill Royal Battery 321-288-7034 "Please note we need to address the payment for the first delivery. Royal battery has the Net 30 acct at a maximum credit line of $1000.00 16 of 227 Council Meeting Date: February 24, 2021 Agenda Item Title: City Special Events Road Closure Request Recommendation: Approve Road Closure Requests Background: The City of Sebastian Leisure Services Departments request to close Indian River Drive from Harrison Street to the entrance of the overflow parking lot across from Sportsman's Lodge & Marine for the following upcoming event: 1) Sebastian Easter Egg Hunt on March 26, 2021 Families that attend this event often park in the Riverview Park overflow parking lot and walk across Indian River Drive to the Twin Piers location. Staff requests this closure in order to provide safer passage for event participants to cross Indian River Drive. If Agenda Item Requires Expenditure of Funds Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Map Showing Road Closure Administrative Services Department Review City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization:/ j Date: � //21,41 NIA NIA NIA NIA 17 of 227 a OF SEBASTLAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: February24, 2021 AGENDA ITEM TITLE: Ordinance 0-21-02 to Adjust the Police Pension Plan for Changes to IRS Required Minimum Distribution Rules and Provide that the Police Pension Board Shall Adopt Necessary and Appropriate Amendments to Maintain the Police Pension Plan as a IRS Qualified Public Pension Plan. RECOMMENDATION: Conduct Second Reading of Ordinance 0-21-02 and Hold Public Hearing. Move to Approve Ordinance 0-21-02. BACKGROUND: This Ordinance addresses changes enacted by the SECURE Act (Setting Every Community Up for Retirement Enhancement Act of 2019). It has been proposed by Bonni Jensen of the firm Klausner, Kaufman, Jensen & Levinson, who serves as the Police Pension Board Attorney. The previous law was that individuals had to begin taking required minimum distributions no later than April 1 of the calendar year following the later of the calendar year in which the member attains age 70'/2 or the calendar year in which the member terminated employment with the City. The SECURE Act changed this for those reaching 70'/2 after 2019 to a requirement that the first required minimum distribution must be taken by April 1 of the year after reaching age 72 or the calendar year in which the member terminated employment with the City. There are no likely instances these provisions would even apply to the Police Pension Plan but they are needed to keep the Plan's status as an IRS Qualified Public Pension Plan. Section 5 of this Ordinance provides that the Police Pension Board shall adopt and amend its administrative policy for the required provisions for tax qualification to maintain continuing compliance with the Internal Revenue Code. Any amendments would still require City Council action to approve. City Council approved this Ordinance at its February 10, 2021 meeting with no proposed changes If Aaenda Item Reauires Expenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Ordinance 0-21-02 2. Letter from Actuary Regarding No Actuarial Impact 3. IRS Guide — Qualified Plan Requirements — Required Minimum Distributions 4. IRS Bulletin on Changes to Required Minimum Distributions Administrative Services Depart nt Rev' :'� _ City Attorney Review: Procurement Division Review, if applid"able: City Manager Authorization � �24V 19 of 227 CITY OF SEBASTIAN, FLORIDA ORDINANCE NO. 0-21-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT PLAN, OF THE CODE OF ORDINANCES; AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; SECTION 58-52, PRE -RETIREMENT DEATH; SECTION 58-55, OPTIONAL FORMS OF BENEFITS; SECTION 58-61, MINIMUM DISTRIBUTION OF BENEFITS; SECTION 58-62, MISCELLANEOUS PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-51, Benefit amounts and eligibility, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-51.- Benefit amounts and eligibility. (e) Required distribution date. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age 70 112 72. provided the member had not attained aae 70'/2 by December 31. 2019; or the calendar year in which the member terminates employment with the city. SECTION 2. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-52, Pre -retirement death, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-52. - Pre -retirement death. (b) Deceased members vested or eligible for retirement with spouse as beneficiary. This subsection (b) applies only when the member's spouse is the sole designated beneficiary. The spouse beneficiary of any member who dies and who, at the date of his death, was vested or eligible for early or normal retirement shall be entitled to a benefit as follows: Page 1 of 4 20 of 227 (5) Notwithstanding anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained 79�2 aae 72. SECTION 3. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-55, Optional forms of benefits, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-55. - Optional forms of benefits. (e) Retirement income payments shall be made under the option elected in accordance with this section and shall be subject to the following limitations- (5) The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age 7-04/2 72, provided the member had not attained ne 70'/2 by December 31. 2019. or the calendar year in which the member terminates employment with the city. SECTION 4. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-61, Minimum distribution of benefits, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-61. - Minimum distribution of benefits. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the member attains age 7414 72. arovided the member had not attained aae 70'/z t iv December 31. 2019, or the calendar year in which the member terminates employment with the city. Page 2 of 4 21 of 227 (2) Death of member before distributions begin. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age 7-WA 72 provided the member had not turned 70'/2 by December 31. 2019, if later, as the surviving spouse elects. SECTION 5. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-62, Miscellaneous provisions, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-62. - Miscellaneous provisions. (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the code for a qualified plan under code section 401(a) and a governmental plan under code section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a plan meeting the requirements of the applicable provisions of the code as now in effect or hereafter amended, or any other applicable provisions of the U.S. Federal Tax Laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (1) In recoanition of the chanaina requirements of systern aualification, the Board shall adoDt an administrative Dolicx settina forth the reauired provisions for tax aualification. Such a Dolicv shall be amended by the Board as reauired to maintain continuing_ compliance with the Internal Revenue Code. SECTION 6: Severability. If any portion, part or section of this ordinance is declared invalid, the valid remainder hereof shall remain in full force and effect. Page 3 of 4 22 of 227 SECTION 7: Codification. This Ordinance shall be codified in the Code of Ordinances of the City of Sebastian. SECTION 8: Repeai of Ordinances in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: 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 10: 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: Mayor Ed Dodd Vice -mayor Jim Hill Councilmember Bob McPartlan Councilmember Fred Jones Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted on this 24th day of February, 2021. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Jr., City Attorney Page 4 of 4 23 of 227 FOSTER & FOSTER ACTUARIES AND CONSULTANTS January 7, 2021 VIA EMAIL Mr. Ken Killgore Administrative Service Director City of Sebastian Re: City of Sebastian Police Officers' Retirement System Dear Ken Killgore: We have reviewed the most recently proposed Ordinance amending the required distribution date from no later than April I of the calendar year following the later of the calendar year in which the member attains age 70 'h to no later than April 1 of the calendar year following the later of the calendar year in which the: member attains age 72. We have determined that the adoption of the proposed changes will have no impact on the methods or assumptions used in determining the funding requirements of the Plan. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance to each of the following offices: Mr. Keith Brinkman Mr. Steve Bardin Bureau of Local Retirement Systems Municipal Police and Fire Division of Retirement Pension Trust Funds P. O. Box 9000 Division of Retirement Tallahassee, FL 32315-9000 P.O. Box 3010 Tallahassee, FL 32315-3010 The undersigned is familiar with the immediate and long-term aspects of pension valuations, and meets the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. If you have any questions, please let me know. Sincerely, Douglas . Lozen, EA, MAAA 13420 Parker iommora Blvd., Suite 104 Fort Myers, FL 33912 • (239) 499-5500 • Fox (239) 481-0644 • WN-Joefer-Foster.eom 24 of 227 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 1 of 15 A Guide to Common Qualified Plan Requirements A qualified plan must satisfy the Internal Revenue Code in both form and operation. That means that the provisions in the plan document must satisfy the requirements of the Code and that those plan provisions must be followed. The IRS administers a determination letter program that enables plan sponsors to get advance assurance as to the form of their retirement plan document. Employers should establish practices and procedures to ensure the plan is operated in accordance with the plan document so participants and beneficiaries receive their proper retirement benefits. Be aware that the law and regulations in the retirement plans area frequently changes. Make sure your plan document and determination letter, if applicable, are up to date. What follows is a list of some of the more important retirement plan requirements to help employers in implementing practices, procedures and internal controls to monitor plan operations. Your plan may have other operational requirements that need to be monitored. Note that problems often arise from changes in personnel, procedures, payroll systems, or new service providers such as accountants, attorneys, actuaries or third -panty plan administrators. Employers that have experienced any of these changes should give special scrutiny to operational requirements affected by the change. If you find you haven't operated your plan according to the law or the plan language, use our Fix -it Guides for401(k) plans, 403(b) plans, SARSEP plans, SEP-IRA plans, and SIMPLE IRA plans to correct mistakes. 5 of 22 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirementsz711/2/2020 A Wide to Common (qualified Flan Kequirements I Internal Kevenue Service Page 2 of 15 1. Minimum Participation Requirements 2. Operate in Accordance with Plan 3. No Cutback by Plan Amendment 4. 401(k) ADP and Distribution Requirement 5. Matching/Employee Contribution ACP Test 6. Elective Deferral Test 7. 415 Maximum Contribution/Benefit Limit 8. 401(a)(17) Maximum Compensation Limit 9. Top -Heavy Requirements 10. Minimum Vesting Requirements 11. Minimum Distribution Requirements 12. Consent for Distribution Requirement 13. Joint and Survivor Annuity Requirements 14. Direct Rollover Requirements 15. Assignment or Alienation Prohibition 16. Nondiscrimination Requirements 17. Coverage Requirements 18. 401(a)(26) Participation Requirement 19. Funding Requirements 20. Exclusive Benefit Requirement 21. Reporting and Disclosure Does your plan document satisfy the minimum participation requirements of section 410(a)? Check that all appropriate employees began participation on the correct date in accordance with section 410(a) and the plan document. Section 410(a)(1) of the Internal Revenue Code (Code) sets forth the minimum age and service requirements for a qualified retirement plan. In general, a plan cannot require, as a condition of participation, that an employee complete a period of service with the employer extending beyond the later of: 1. the date on which the employee attains age 21; or https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requireme4O of 227 11/2/202C A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 3 of 15 2. the date on which the employee completes one year of service. Section 410(a)(4) sets forth the rules for plan entry dates (the dates when an eligible employee must begin participation). Under Code section 410(a)(4), a plan is not qualified unless it provides that an employee who is otherwise eligible to participate under the terms of the plan commences participation no later than the earlier of: 1. the first day of the first plan year beginning after the date on which the employee satisfied the Code section 410(a)(1) minimum age and service requirements; or 2. the date 6 months after the date on which the employee satisfied the minimum age and service requirements. Return to List of Requirements In operation, did you include in the plan all the employees described in the plan document? Did you give them the benefits described in the plan? Your plan document describes who is covered under your plan, i.e., who benefits under your plan, and what contributions or benefits will be provided to those covered employees. Your employees' rights to contributions and benefits are derived from the plan document. You must operate your plan strictly in accordance with the terms of your plan document; that is, you must cover the employees that your plan document describes as being covered and when the plan document says they should be covered, and you must provide them the contributions or benefits set out in the plan document. Even if the terms of your plan do not reflect your intent, you must follow the terms of your plan. Of course, the terms of your plan may be amended by a plan amendment. But see item 3, below, with respect to the prohibition against cutting back benefits that your employees have already accrued (or to which they are already entitled) under the plan. Return to List of Requirements https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements27 of 22711/2/2020 A (.iuide to Common Qualited Plan Requirements I Internal Revenue Service Page 4 of 15 If the plan has been amended, did the amendment result in a cutback of accrued benefits prohibited by section 411(d)(6)? Make sure that no plan amendment reduced any participant's benefit accrued before the amendment. Section 411(d)(6) prohibits the reduction of any participant's accrued benefit by an amendment of the plan. In a defined contribution plan (a 401(k), profit-sharing, money purchase plan, etc.), this means that no employee's account can be reduced because of a plan amendment. A plan amendment that has the effect of eliminating or reducing an early retirement benefit or a retirement -type subsidy, or eliminating an optional. form of benefit, with respect to benefits attributable to service before the amendment will be treated as reducing accrued benefits. Return to List of Requirements If your plan is a 401(k) plan or contains a 401(k) cash or deferred arrangement (CODA), does it comply with the requirements of 401(k)? Check that your 401(k) plan complies with section 401(k), including the Actual Deferral Percentage test and the distribution requirements. Under a CODA, participants may elect to have their employer contribute a specific amount to the plan in lieu of receiving it in cash as wages. In order to satisfy the requirements of section 401(k), the plan must satisfy the Actual Deferral Percentage (ADP) test. The ADP test requires that the deferral of income into the CODA by highly compensated employees be proportional to that for nonhighly compensated employees. Generally, amounts that the participant elects to defer may only be distributed upon specific events including death, disability, termination of employment, hardship and attainment of age 591/2. The plan document must state that the Actual Deferral Percentage (ADP) test of Code section 401(k)(3) will be satisfied and must actually satisfy the test in operation. Additionally, the law has changed to https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requiremenit of 227 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 5 of 15 allow an employer not to perform an ADP test if it makes a safe harbor contribution to the plan on behalf of employees. In addition to the safe harbor contribution, certain notice requirements are also applicable. Return to List of Requirements If your plan permits employee and/or matching contributions, does it satisfy the nondiscrimination test for matching and employee contributions under Code section 401(m)? Determine that your plan satisfied the Actual Contribution Percentage test each year: If a retirement plan permits employee and/or matching contributions, the plan must satisfy the requirements of Code section 401(m). The plan document must state that the Actual Contribution Percentage (ACP) test of Code section 401(m)(2) will be satisfied and must actually satisfy the test in operation. The ACP test requires that the employee and matching contributions provided for highly compensated employees be proportional to those for nonhighly compensated employees. Code section 401(m) does not apply to a defined benefit plan unless employee contributions to the plan are allocated to a separate account. Similar to the ADP safe harbor contribution, a safe harbor exists for the ACP test if the ADP safe harbor contribution is made and timely notice is provided to participants. Additionally, the level of matching contributions is limited in order for the ACP safe harbor to apply. Return to List of Requirements https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements29 of 22111/2/2020 A Guide to Common (Qualified Plan Requirements I Internal Revenue Service Page 6 of 15 If your plan provides for elective deferrals, does it limit those deferrals to the section 402(g) limit? Check that in operation, elective deferrals made for each employee are limited to the section 402(g) limit. Elective deferrals are amounts that employees elect to contribute to a retirement plan out of their compensation. A plan that provides for elective deferrals, for example a 401 (k) plan, must provide that for each participant the amount of elective deferrals under the plan and all other plans, contracts, or arrangements of an employer maintaining the plan may not exceed the amount of the limitation in effect under Code section 402 (g)(1) (Code section 401(a)(30)). In addition to the plan terms providing that elective deferrals must satisfy the requirements of Code section 402(g), elective deferrals must satisfy these requirements in operation. This limit is $19,500 in 2020 and $19,000 in 2019, subject to cost -of -living adjustments in later years. The law allows participants who are age 50 and over to make additional elective deferrals to the plan over the statutory limit. For taxable years beginning in 2020, the additional elective deferrals is $6,500; $6,000 in 2015, 2016, 2017 and 2018 and 2019, the additional elective deferrals is $62000 (subject to cost -of -living adjustments in later years). Return to List of Requirements Did your plan limit contributions or benefits so they do not exceed the limitation set forth in section 415? Check to make sure that contributions made to any of your employees (or benefits accrued by your employees, if your plan is a defined benefit plan) were appropriately limited by the 415 limitations in accordance with the plan document. The limitations on benefits and contributions for retirement plans are set forth in Code section 415. The annual benefit limitation for a defined benefit plan is $225,000 for, 2019 and $230,000 for 2020 (subject to cost -of -living adjustments for later years) for https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requiremenW of 227 11/2/202C A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 7 of 15 each employee. The limitation on annual contributions to a defined contribution plan is $56,000 for 2019 and $57,000 for 2020 (subject to cost -of -living adjustments for later years) for each employee. Return to List of Requirements Was the compensation of each employee taken into account under the plan limited to the section 401(a)(17) limitation? Check that for any employee only compensation up to the maximum compensation limit for the year was taken into account under the plan for purposes of computing the employee's contributions and benefits. The maximum annual compensation of each employee that can be taken into account under a plan for any year must not exceed $280,000 for 2019 ($285,000 for 2020) and subject to cost -of -living adjustments in later years. Return to List of Requirements Does the plan comply with the top-heavy requirements of section 416? Check that your plan's top-heavy status is being determined and that if the plan is top-heavy, appropriate minimum vesting and contributions or benefits are being provided. A plan must satisfy certain vesting and minimum benefit requirements if the plan is top-heavy. In general, a plan is top-heavy if 60 percent of the aggregate accrued benefits or account balances under the plan are for the benefit of certain "key employees." Generally, a key employee is: • a 5 percent owner of the employer, • a 1 percent owner of the employer with over $150,000 in compensation from the employer, or https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements3l of 22711/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 8 of 15 • an officer of the employer with over $180,000 (in 2019 and $185,000 in 2020, and subject to cost -of -living adjustments in later years) in compensation from the employer. Return to List of Requirements Did your plan satisfy the minimum vesting requirements? Check that any distributions from your plan were computed by applying the vesting schedule in the plan document. Code section 411 provides the minimum vesting requirements. This requires that each employee vest or own, at a minimum, a stated percentage of their interest in the plan each year. Your plan's vesting schedule will be set out in your plan document. Many plans provide for 100%vesting for all employees immediately upon their commencement of participation. All employees must be 100% vested by the time that they attain Normal Retirement Age under the plan and when the plan is terminated. Amounts that are not vested may be "forfeited" by the employees when they separate from service with the employer. Your plan will describe how these forfeitures will be used: either to increase benefits or to fund future benefits for other plan participants. In a defined benefit plan, forfeitures must not be applied to increase the benefits any employee would otherwise receive under the plan. (Code section 401(a)(8)). Return to List of Requirements Did your plan make required minimum distributions in accordance with section 401(a)(9)? Check to make sure that all distributions were made to employees at the correct time and in the correct amounts as described under the plan document. https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements of 227 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 9 of 15 Ah employee's assets may not remain in the retirement plan indefinitely. Section 401 (a)(9) sets out the latest date by which distributions must begin and the minimum amount of the distribution. A plan must provide that the interest of each employee will begin to be distributed to the employee not later than the required beginning date which means, in general, April 1 of the calendar year following the later of: a. the calendar year in which the employee attains age 72 (70'/z if you reach 701/2 before January 1, 2020), or b. the calendar year in which the employee retires. [This does not apply to an employee who is a 5-percent owner.] At a minimum, the distributions must be evenly spread over the life of the employee or over the lives of the employee and a designated beneficiary (or over a period not extending beyond the life expectancy of the employee and a designated beneficiary). Return to List of Requirements Did the plan comply with the consent requirements of section 411(a)(11)? Check that distributions prior to normal retirement age or age 62 were made with the consent of the participant. Section 411(a)(11) prevents a plan from forcing a distribution on a plan participant prior to the time the participant attains normal retirement age or age 62. In general, if the present value of any nonforfeitable accrued benefit exceeds $5,000, a plan must provide that such benefit may not be distributed without the consent of the participant. Return to List of Requirements :ittps://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements33 of 22711/2/2020 A Guide to Common Qualitied Flan Kequirements I Internal Kevenue Service Fage 1 U of 15 If applicable, are distributions from the plan made in accordance with the joint and survivor annuity requirements? Check to make sure that your plan made all distributions in the form of a joint and survivor annuity unless the spouse waived the right to a joint and survivor annuity or your plan is a profit-sharing plan that is exempt from the joint and survivor annuity requirements. The joint and survivor requirements are designed to protect the employee's spouse. In general, they require that distributions from the plan be made in the form of a joins: and survivor annuity unless the spouse waives the right to a qualified joint and survivor annuity. The term "joint and survivor annuity" means an annuity for the life of the participant with a survivor annuity for the life of the spouse which is not less than 50 percent of (and is not greater than 100 percent of) the amount of the annuity which is payable during the joint lives of the participant and the spouse. The joint and survivor requirements do not apply to certain profit-sharing plans that do not provide distributions in the form of an annuity and that provide that the employee's spouse receives the employee's account upon death of the employee. (Code sections 401(a)(11) and 417). Return to List of Requirements If there were any distributions made, were participants given the right to a direct rollover? Check that for distributions from your plan eligible to be rolled over to another plan, the distributee was given the option to have the distribution transferred directly to the other plan. Your plan must provide that if the distributee of any eligible rollover distribution 1. elects to have such distribution paid directly to an eligible retirement plan, and 2. specifies the eligible retirement plan to which such distribution is to be paid, https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirement14 of 227 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 11 of 15 such distribution shall be made in the form of a direct trustee -to -trustee transfer to the eligible retirement plan. Your plan must comply with this provision in operation. (Code section 401(a)(31)). Additionally, the law has changed to require that for employer -initiated mandatory distributions of more than $1,000, the distribution must be paid as a direct rollover to an IRA if the participant does not make an affirmative election to do otherwise. Return to List of Requirements Check that, other than for participant loans permitted under the terms of your plan, no benefits under the plan were used as collateral for a loan or otherwise assigned or alienated. The plan must provide that benefits provided under the plan may not be assigned or alienated. In practice, the plan must not allow the assignment or alienation of any employee's interest in the plan, other than for certain participant loans if they are provided for under the plan terms, and for certain qualified domestic relations orders. (Code section 401(a)(13)). Return to List of Requirements Did the contributions or benefits provided under the plan comply with the nondiscrimination requirements of section 401(a)(4)? Determine that the plan satisfies the nondiscrimination test of section 401(a)(4). The contributions or benefits provided under a plan must not discriminate in favor of highly compensated employees. Section 401(a)(4) contains the test for nondiscrimination that a qualified plan must satisfy. The purpose of this test is to https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirementsll of 22711/2/2020 A Guide to Common ( lualitied Plan Kequirements I Internal Kevenue Jervice Page 12 of 15 assure that the benefits provided to highly compensated employees are proportional" to those provided to nonhighly compensated employees. Return to List of Requirements Does the group of employees covered by the plan satisfy section 410(b)? Check to make sure that contributions are being made (or benefits are accruing) for each employee entitled to contributions (or benefits) under the plan document, and determine that this group of employees satisfies one of the tests below. In general, 410(b) sets out rules on who the plan must cover. In order to satisfy this Code section, a plan must meet one of the following tests: 1. The plan benefits at least 70 percent of employees who are not highly compensated employees (percentage test). 2. The plan benefits: (i) a percentage of nonhighly compensated employees which is at least 70 percent of (ii) the percentage of highly compensated employees benefiting under the plan (ratio test). 3. The plan must benefit a classification of employees that does not discriminate in favor of highly compensated employees (nondiscriminatory classification test) and the average benefit percentage of the nonhighly compensated employees must be at least 70 percent of the average benefit percentage of the highly compensated employees (average benefit percentage test). For purposes of IRC Section 410(b), employees who are included in a unit of employees covered by a collective bargaining agreement and employees who are nonresident https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requiremeng of 227 11/2/202( A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 13 of 15 aliens receiving no U.S. source earned income from the employer can be excluded from consideration. Note that changes in employee demographics may affect the way that the plan satisfies the coverage tests. In addition, if the employer has been involved in a merger, acquisition or divestiture of a business unit, the plan should be reviewed to assure that it passes one of the section 410(b) coverage tests. Return to List of Requirements If your plan is a defined benefit plan, does it comply with the minimum participation requirements of 401(a)(26)? Check that your defined benefit plan benefits at least the number of employees set out below. On each day of the plan year, a defined benefit plan must benefit the lesser of: 1. 50 employees of the employer, or 2. the greater of: 40 percent of all employees of the employer, or 2 employees (or if there is only 1 employee, such employee). Return to List of Requirements If your plan is a money purchase pension plan or a defined benefit plan, has it complied with the minimum funding requirements of section 412? Check that appropriate contributions were made to the plan. https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements37 of 227 1/2/2020 A liuide to Common Qualitied Plan Kequirements I Internal Kevenue Service Page 14 of 15 If your plan is a defined benefit plan, an enrolled actuary will have to compute the funding required for the plan and sign Schedule B of Form 5500 setting out the plan's funding status. If your plan is a money purchase pension plan, the contributions required by the plan document must be made in order to satisfy the minimum funding requirements of section 412. Return to List of Requirements Did your plan comply with the requirement that all plan assets are used for the exclusive benefit of employees and their beneficiaries? Check that none of your plan's assets were diverted for other purposes. A trust is a medium under which the retirement plan assets are accumulated. The employer or employees, or both, contribute to the trust, which forms part of the retirement plan. The assets are held in the trust until distributed to the employees or their beneficiaries according to the plan's provisions. The trust must be maintained for the exclusive benefit of the employees and their beneficiaries. Section 401(a) of the Code sets out the requirements that a trust must satisfy in order to "qualify" for favorable tax treatment. When a trust is "qualified" under section 401(a), it obtains its exemption from income tax under Code section 501(a). Return to List of Requirements Did your plan comply with the reporting and disclosure requirements? Make sure that your plan complies with the applicable reporting and disclosure requirements, including: https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requiremen& of 227 11/2/2020 A Guide to Common Qualitied Plan Requirements I Internal Revenue Service Page 15 of 15 1'. Retirement plans must file Form 5500 G�`or 5500-EZ PDF annually unless they are covered under one of the exceptions in the instructions to the forms. 2. Distributions from the plan must be reported to the IRS on Form 1099-R PDF 3. Participants must receive periodic statements of their account balance/benefits. Return to List of Requirements Page Last Reviewed or Updated: 20-Sep-2020 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements39 of 2211/2/2020 CITY OF SEBASTIAN POLICE OFFICERS' RETIREMENT SYSTEM SPECIAL TAX NOTICE YOUR ROLLOVER OPTIONS You are receiving this notice because all or a portion of a payment you are receiving from the City of Sebastian Police Officers' Retirement System (the "Plan") is eligible to be rolled over to an IRA or an employer plan. This notice is intended to help you decide whether to do such a rollover. This notice describes the rollover rules that apply to payments from the Plan that are not from a designated Roth account (a type of account with special tax rules in some employer plans). If you also receive a payment from a designated Roth account in the Plan, you will be provided a different notice for that payment, and the Plan administrator or the payor will tell you the amount that is being paid from each account. Rules that apply to most payments from a Plan are described in the "General Information About Rollovers" section. Special rules that only apply in certain circumstances are described in the "Special Rules and Options" section. GENERAL INFORMATION ABOUT ROLLOVERS How can a rollover affect my taxes? You will be taxed on a payment from the Plan if you do not roll it over. If you are under age 59'/z and do not do a rollover, you will also have to pay a 10% additional income tax on early distributions (unless an exception applies). However, if you do a rollover, you will not have to pay tax until you receive payments later and the 10% additional income tax will not apply if those payments are made after you are age 59'/2 (or if an exception applies). Where may I roll over the payment? You may roll over the payment to either an IRA (an individual retirement account or individual retirement annuity) or an employer plan (a tax -qualified plan, section 403(b) plan, or governmental section 457(b) plan) that will accept the rollover. The rules of the IRA or 00174865.WPD; 1 Page 1 of 10 40 of 227 employer plan that holds the rollover will determine your investment options, fees, and rights to payment from the IRA or employer plan (for example, no spousal consent rules apply to IRAs and IRAs may not provide loans). Further, the amount rolled over will become subject to the tax rules that apply to the IRA or employer plan. How do I do a rollover? There are two ways to do a rollover. You can do either a direct rollover or a 60-day rollover. If you do a direct rollover, the Plan will make the payment directly to your IRA or an employer plan. You should contact the IRA sponsor or the administrator of the employer plan for information on how to do a direct rollover. If you do not do a direct rollover, you may still do a rollover by making a deposit into an IRA or eligible employer plan that will accept it. You will have 60 days after you receive the payment to make the deposit. If you do not do a direct rollover, the Plan is required to withhold 20% of the payment for federal income taxes (up to the amount of cash and property received other than employer stock). This means that, in order to roll over the entire payment in a 60-day rollover, you must use other funds to make up for the 20516 withheld. If you do not roll over the entire amount of the payment, the portion not rolled over will be taxed and will be subject to the 10% additional income tax on early distributions if you are under age 59'/2 (unless an exception applies). How much may I roll over? If you wish to do a rollover, you may roll over all or part of the amount eligible for rollover. Any payment from the Plan is eligible for rollover, except: • Certain payments spread over a period of at least 10 years or over your life or life expectancy (or the lives or joint life expectancy of you and your beneficiary) • Required minimum distributions after age 72' (or after death) • Hardship distributions • ESOP dividends • Corrective distributions of contributions that exceed tax law limitations • Loans treated as deemed distributions (for example, loans in default due to missed payments before your employment ends) • Cost of life insurance paid by the Plan Effective January 1, 2020, if you had not already attained age 70'/2 by December 31, 2019, you may wait until age 72 to begin taking the required minimum distributions. 00174865.WPD;1 Page 2 of 10 41 of 227 Payments of certain automatic enrollment contributions requested to be withdrawn within 90 days of the first contribution Amounts treated as distributed because of a prohibited allocation of S corporation stock under an ESOP (also, there will generally be adverse tax consequences if you roll over a distribution of S corporation stock to an IRA). The Plan administrator or the payor can tell you what portion of a payment is eligible for rollover. If I don't do a rollover, will I have to pay the 10% additional income tax on early distributions? If you are under age 59Y2, you will have to pay the 10% additional income tax on early distributions for any payment from the Plan (including amounts withheld for income tax) that you do not roll over, unless one of the exceptions listed below applies. This tax is in addition to the regular income tax on the payment not rolled over. The 10% additional income tax does not apply to the following payments from the Plan: • Payments made after you separate from service if you will be at least age 55 in the year of the separation • Payments that start after you separate from service if paid at least annually in equal or close to equal amounts over your life or life expectancy (or the lives or joint life expectancy of you and your beneficiary) • Payments from a governmental defined benefit pension plan made after you separate from service if you are a public safety employee and you are at least age 50 in the year of the separation • Payments made due to disability • Payments after your death • Payments of ESOP dividends • Corrective distributions of contributions that exceed tax law limitations • Cost of life insurance paid by the Plan • Payments made directly to the government to satisfy a federal tax levy • Payments made under a qualified domestic relations order (QDRO) • Payments up to the amount of your deductible medical expenses • Certain payments made while you are on active duty if you were a member of a reserve component called to duty after September 11, 2001 for more than 179 days • Payments of certain automatic enrollment contributions requested to be withdrawn within 90 days of the first contribution • Payments for certain distributions relating to certain federally declared disasters • Phased retirement payments made to federal employees. 00174865.WPD; 1 Page 3 of 10 42 of 227 If I do a rollover to an IRA, will the 10% additional income tax apply to early distributions from the IRA? If you receive a payment from an IRA when you are under age 59'/z, you will have to pay the 10% additional income tax on early distributions from the IRA, unless an exception applies. In general, the exceptions to the 10% additional income tax for early distributions from an IRA are the same as the exceptions listed above for early distributions from a plan. However, there are a few differences for payments from an IRA, including: • There is no exception for payments after separation from service that are made after age 55. • The exception for qualified domestic relations orders (QDROs) does not apply (although a special rule applies under which, as part of a divorce or separation agreement, a tax-free transfer may be made directly to an IRA of a spouse or former spouse). • The exception for payments made at least annually in equal or close to equal amounts over a specified period applies without regard to whether you have had a separation from service. • There are additional exceptions for (1) payments for qualified higher education expenses, (2) payments up to $10,000 used in a qualified first-time home purchase, and (3) payments for health insurance premiums after you have received unemployment compensation for 12 consecutive weeks (or would have been eligible to receive unemployment compensation but for self-employed status). Will I owe State income taxes? This notice does not describe any State or local income tax rules (including withholding rules). SPECIAL RULES AND OPTIONS If your payment includes after-tax contributions After-tax contributions included in a payment are not taxed. If a payment is only part of your benefit, an allocable portion of your after-tax contributions is included in the payment, so you cannot take a payment of only after-tax contributions. However, if you have pre-1987 after-tax contributions maintained in a separate account, a special rule may apply to determine whether the after-tax contributions are included in a payment. In addition, special rules apply when you do a rollover, as described below. 00174865.WPD;l Page 4 of 10 43 of 227 You may roll over to an IRA a payment that includes after-tax contributions through either a direct rollover or a 60-day rollover. You must keep track of the aggregate amount of the after-tax contributions in all of your IRAs (in order to determine your taxable income for later payments from the IRAs). If you do a direct rollover of only a portion of the amount paid from the Plan and at the same time the rest is paid to you, the portion directly rolled over consists first of the amount that would be taxable if not rolled over. For example, assume you are receiving a distribution of $12,000, of which $2,000 is after-tax contributions. In this case, if you directly roll over $10,000 to an IRA that is not a Roth IRA, no amount is taxable because the $2,000 amount not directly rolled over is treated as being after-tax contributions. If you do a direct rollover of the entire amount paid from the plan to two or more destinations at the same time, you can choose which destination receives the after-tax contributions. If you do a 60-day rollover to an IRA of only a portion of a payment made to you, the after- tax contributions are treated as rolled over last. For example, assume you are receiving a distribution of $12,000, of which $2,000 is after-tax contributions, and no part of the distribution is directly rolled over. In this case, if you roll over $10,000 to an IRA that is not a Roth IRA in a 60-day rollover, no amount is taxable because the $2,000 amount not rolled over is treated as being after-tax contributions. You may roll over to an employer plan all of a payment that includes after-tax contributions, but only through a direct rollover (and only if the receiving plan separately accounts for after-tax contributions and is not a governmental section 457(b) plan). You can do a 60- day rollover to an employer plan of part of a payment that includes after-tax contributions, but only up to the amount of the payment that would be taxable if not rolled over. If you miss the 60-day rollover deadline Generally, the 60-day rollover deadline cannot be extended. However, the IRS has the limited authority to waive the deadline under certain extraordinary circumstances, such as when external events prevented you from completing the rollover by the 60-day rollover deadline. To apply for a waiver, you must file a private letter ruling request with the IRS. Private letter ruling requests require the payment of a nonrefundable user fee. For more information, see IRS Publication 590-A, Individual Retirement Arrangements (IRAs). If your payment includes employer stock that you do not roll over If you do not do a rollover, you can apply a special rule to payments of employer stock (or other employer securities) that are either attributable to after-tax contributions or paid in a lump sum after separation from service (or after age 59'/z, disability, or the participant's death). Under the special rule, the net unrealized appreciation on the stock will not be taxed when distributed from the Plan and will be taxed at capital gain rates when you sell the stock. Net unrealized appreciation is generally the increase in the value of employer stock after it was acquired by the Plan. If you do a rollover for a payment that includes employer stock (for example, by selling the stock and rolling over the proceeds within 60 days of the 00174865.WPD;1 Page 5 of 10 44 of 227 payment), the special rule relating to the distributed employer stock will not apply to any subsequent payments from the IRA or employer plan. The Plan administrator can tell you the amount of any net unrealized appreciation. If you have an outstanding loan that is being offset If you have an outstanding loan from the Plan, your Plan benefit may be offset by the amount of the loan, typically when your employment ends. The loan offset amount is treated as a distribution to you at the time of the offset and will be taxed (including the 10% additional income tax on early distributions, unless an exception applies) unless you do a 60-day rollover in the amount of the loan offset to an IRA or employer plan. How long you have to complete the rollover depends on what kind of plan loan you have. If you have a qualified plan loan offset, you will have until your tax return date (including extensions) for the tax year during which the offset occurs to complete your rollover. A qualified plan loan offset occurs when a plan loan in good standing is offset because your employer plan terminates, or because you sever from employment. If your plan loan offset occurs for any other reason, then you have 60 days from the date the offset occurs to complete your rollover. If you were born on or before January 1, 1936 If you were born on or before January 1, 1936 and receive a lump sum distribution that you do not roll over, special rules for calculating the amount of the tax on the payment might apply to you. For more information, see IRS Publication 575, Pension and Annuity Income. If your payment is from a governmental section 457(b) plan If the Plan is a governmental section 457(b) plan, the same rules described elsewhere in this notice generally apply, allowing you to roll over the payment to an IRA or an employer plan that accepts rollovers. One difference is that, if you do not do a rollover, you will not have to pay the 10% additional income tax on early distributions from the Plan even if you are under age 591/z (unless the payment is from a separate account holding rollover contributions that were made to the Plan from a tax -qualified plan, a section 403(b) plan, or an IRA). However, if you do a rollover to an IRA or to an employer plan that is not a governmental section 457(b) plan, a later distribution made before age 59Y2 will be subject to the 10% additional income tax on early distributions (unless an exception applies). Other differences are that you cannot do a rollover if the payment is due to an "unforeseeable emergency" and the special rules under "If your payment includes employer stock that you do not roll over" and "If you were born on or before January 1, 1936" do not apply. 00174865.WPD;1 Page 6 of 10 45 of 227 If you are an eligible retired public safety officer and your pension payment is used to pay for health coverage or qualified long-term care insurance If the Plan is a governmental plan, you retired as a public safety officer, and your retirement: was by reason of disability or was after normal retirement age, you can exclude from your taxable income plan payments paid directly as premiums to an accident or health plan (or a qualified long-term care insurance contract) that your employer maintains for you, your spouse, or your dependents, up to a maximum of $3,000 annually. For this purpose, a public safety officer is a law enforcement officer, firefighter, chaplain, or member of a rescue squad or ambulance crew. If you roll over your payment to a Roth IRA If you roll over the payment from the Plan to a Roth IRA, a special rule applies under which the amount of the payment rolled over (reduced by any after-tax amounts) will be taxed. However, the 10% additional income tax on early distributions will not apply (unless you take the amount rolled over out of the Roth IRA within 5 years, counting from January 1 of the year of the rollover). If you roll over the payment to a Roth IRA, later payments from the Roth IRA that are qualified distributions will not be taxed (including earnings after the rollover). A qualified distribution from a Roth IRA is a payment made after you are age 59'/z (or after your death or disability, or as a qualified first-time homebuyer distribution of up to $10,000) and after you have had a Roth IRA for at least 5 years. In applying this 5-year rule, you count from January 1 of the year for which your first contribution was made to a Roth IRA. Payments from the Roth IRA that are not qualified distributions will be taxed to the extent of earnings after the rollover, including the 10% additional income tax on early distributions (unless an exception applies). You do not have to take required minimum distributions from a Roth IRA during your lifetime. For more information, see IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), and IRS Publication 590-13, Distributions from Individual Retirement Arrangements (IRAs). If you are not a plan participant Payments after death of the participant. If you receive a distribution after the participant's death that you do not roll over, the distribution will generally be taxed in the same manner described elsewhere in this notice. However, the 10% additional income tax on early distributions and the special rules for public safety officers do not apply, and the special rule described under the section "If you were born on or before January 1, 1936" applies only if the participant was born on or before January 1, 1936. If you are a surviving spouse. If you receive a payment from the Plan as the surviving spouse of a deceased participant, you have the same rollover options that the participant would have had, as described elsewhere in this notice. In addition, 00174865.WPD;1 Page 7 of 10 46 of 227 if you choose to do a rollover to an IRA, you may treat the IRA as your own or as an - inherited IRA. An IRA you treat as your own is treated like any other IRA of yours, so that payments made to you before you are age 59Y2 will be subject to the 10% additional income tax on early distributions (unless an exception applies) and required minimum distributions from your IRA do not have to start until after you are age 72, provided you had not already attained age 70'/2 by December 31, 2019. If you treat the IRA as an inherited IRA, payments from the IRA will not be subject to the 10% additional income tax on early distributions. However, if the participant had started taking required minimum distributions, you will have to receive required minimum distributions from the inherited IRA. If the participant had not started taking required minimum distributions from the Plan, you will not have to start receiving required minimum distributions from the inherited IRA until the year the participant would have been age 72. If you are a surviving beneficiary other than a spouse. If you receive a payment from the Plan because of the participant's death and you are a designated beneficiary other than a surviving spouse, the only rollover option you have is to do a direct rollover to an inherited IRA. Payments from the inherited IRA will not be subject to the 10% additional income tax on early distributions. You will have to receive required minimum distributions from the inherited IRA. Payments under a qualified domestic relations order. If you are the spouse or former spouse of the participant who receives a payment from the Plan under a qualified domestic relations order (QDRO), you generally have the same options the participant would have (for example, you may roll over the payment to your own IRA or an eligible employer plan that will accept it). Payments under the QDRO will not be subject to the 10% additional income tax on early distributions. If you are a nonresident alien If you are a nonresident alien and you do not do a direct rollover to a U.S. IRA or U.S. employer plan, instead of withholding 20%, the Plan is generally required to withhold 30% of the payment for federal income taxes. If the amount withheld exceeds the amount of tax you owe (as may happen if you do a 60-day rollover), you may request an income tax refund by filing Form 1040NR and attaching your Form 1042-S. See Form W-813EN for claiming that you are entitled to a reduced rate of withholding under an income tax treaty. For more information, see also IRS Publication 519, U.S. Tax Guide for Aliens, and IRS Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. 00174B65.WPD;1 Page 8 of 10 47 of 227 Other special rules If a payment is one in a series of payments for less than 10 years, your choice whether to make a direct rollover will apply to all later payments in the series (unless you make a different choice for later payments). If your payments for the year are less than $200 (not including payments from a designated Roth account in the Plan), the Plan is not required to allow you to do a direct rollover and is not required to withhold for federal income taxes. However, you may do a 60-day rollover. Unless you elect otherwise, a mandatory cashout of more than $1,000 (not including payments from a designated Roth account in the Plan) will be directly rolled over to an IRA chosen by the Plan administrator or the payor. A mandatory cashout is a payment from a plan to a participant made before age 62 (or normal retirement age, if later) and without consent, where the participant's benefit does not exceed $5,000 (not including any amounts held under the plan as a result of a prior rollover made to the plan). You may have special rollover rights if you recently served in the U.S. Armed Forces. For more information, see IRS Publication 3, Armed Forces' Tax Guide. FOR MORE INFORMATION You may wish to consult with the Plan administrator or payor, or a professional tax advisor, before taking a payment from the Plan. Also, you can find more detailed information on the federal tax treatment of payments from employer plans in: IRS Publication 575, Pension and Annuity Income; IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs); IRS Publication 590-13, Distributions from Individual Retirement Arrangements (IRAs); and IRS Publication 571, Tax -Sheltered Annuity Plans (403(b) Plans). These publications are available from a local IRS office, on the web at www.irs.gov, or by calling 1-800-TAX-FORM. 00174865.WPD;l Page 9 of 10 48 of 227 I HAVE RECEIVED THE PRECEDING 9-PAGE SPECIAL TAX NOTICE: Date: Participant's Signature Print Clearly Participant's Name Note: Return ONLY this last page (numbered 10 of 10) to: City of Sebastian Police Officers' Retirement System C/o Ken Kilgore Plan Administrator 1225 Main Street Sebastian, FL 32958 Email: kkillgore(a,CityofSebastian.orq Telephone:(772) 388-8205 00174865. WPD; 1 Page 10 of 10 49 of 227 an CF SE " HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 24, 2021 Title & Recommendation: Approve Design Build Guaranteed Maximum Price (GMP) Work Services Agreement with WRIGHT CONSTRUCTION GROUP, INC. (WCG), Awarded Vendor of RFQ #18-09 Design Build of City Garage and Public Facilities Storage Building Compound at Sebastian Municipal Airport, in the amount of $9,161,495.00. Background: The Procurement Division recommends Council APPROVE the Design Build Guaranteed Maximum Price (GMP) Work Services Agreement, in the amount of $9,161,495.00, with Wright Construction Group, Inc. (WCG), awarded vendor of RFQ #18-09 for the Design -Build of a City Garage and Public Facilities Storage Compound at Sebastian Municipal. 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. On April 10, 2019, City Council authorized the City Manager to negotiate a Guarantee Maximum Price (GMP) with Wright Construction Group. On June 24, 2020 City Council approved a Pre -Construction Services Agreement with WCG to plan, design and engineer the project. Meetings were held to determine the specific needs of the City, the best way to achieve those needs and to negotiate pricing to meet budget. After a series of discussions and value -engineering considerations, a GMP was agreed upon which included all of the City's needs. The City Garage Complex features 11,800sf of shop space and 12,472sf of office space to support the City's functional needs for the City's Fleet Maintenance; Public Works, Storm Water, Public Facilities, Sign Shop, Construction Projects Shop, and Airport divisions. The project includes all furnishings, equipment for training and shop. IT equipment such as hearing loops for classrooms, security and telephone systems. Dumpster enclosure, window coverings, generators; Stormwater treatment, monitored fueling systems, fire suppression systems, and sanitary sewer systems. If Aaenda Item Reauires Expenditure of Funds: Total Cost: $9,161,495.00 Funds to Be Utilized: DST funds in current FY21budget $4,611,07&03 DST funds included in CIP from FY22 - FY24 $3,500,000.00 Discretionary Sales Tax Reserves $1,050,416.97 Attachments: 1. GMP Proposal....................................................................................................................... 2 2. Proposed GMP Agreement wl Wright Construction Group ................................................... 7 3. Project Plans......................................................................................................................... 12 4. Proposed Schedule................................................................................................................16 Administrative Services 7!paartmet Review:" City Attorney Review: Procurement Division Review, if applicab e:� City Manager Authorization: / Date: 21/�/! 50 of 227 Page 1 of 18 P7 -MAIII .1NN1N`li.RS AR>> February 12, 2021 Scott Baker Public Facilities Director; Airport Director City of Sebastian 1225 Main Street Sebastian FL 32958 RE: GMP Proposal for Design Build Project of the City of Sebastian Public Works Complex Dear Scott, Wright Construction Group would like to thank you for this opportunity to present you with our GMP (Guaranteed Maximum Price) proposal for the above referenced project. GMP Proposal includes the following: Based on design meetings with the City of Sebastian, CAI, BSSW, Emerald Engineering and Wright Construction Group we have develop the Project Bid Documents and established the GMP. Below are general inclusions and exclusions. 1. Division 1-General Conditions a. Includes General Conditions for twelve months b. Included added fees for wetland mitigation & credits, tortoise study, permit and relocation. Included allowances of $24,330.00 for the wetland mitigation credits and $61,698.00 for the tortoise permit and relocation 2. Division-3 & 4 Concrete & Masonry a. Includes slabs & foundations as designed, tie beams, setting of embedded steel for wind beams and operable wall supports b. Includes 8.67' CMU wall wainscot at perimeter of the buildings with a 1.33' tie beam, 2- hour fire wall between the office and back of house and dumpster enclosure 3. Division 5-Miscellaneous Steel a. Includes bollards, wind beam support angles and embedded plates, operable wall support steel 4. Division 6-Woods a. Includes parapet blocking for copings, in -wall blocking and door & window bucks b. Includes plastic laminate base & wall cabinets with solid surface countertops throughout c. Include solid surface windowsills in office areas ."11 Yoengquisl Ruad. Furt Myers. FL 3M12 - Ie3aphooe r2.i:17461-5000 Fax (239)481-2448 • CGC 1153444 1105-L Taylor Road, PLnla Garda F! 31950 - Telephone (941) 637-4728 - Fax (941) 639-4597 9331 N 7arniwnl mall. Suite 22 Nal,les FL. 34108 Telephone {239� 513-1724 Fax (239j514-273.� Page 2 of 18 51 of 227 5. Division 7-Thermal & Moisture Protection a. Core fill insulation in the 2-hour CMU fire wall b. Sound batt insulation in Wall Type A as indicated and 2" mineral wool board insulation in Wall Types W I and R-30 PEMB roof insulation c. Includes Henry Bloc 06WB on the interior side of the exterior walls and Henry Blueskin at the perimeters of exterior windows and doors 6. Division 8-Doors & Windows a. Includes hollow metal doors & frames, wood doors and hardware as specified b. Includes hollow metal borrowed lites c. Includes electrified hardware required for door access d. Includes Kawneer Series 501 insulated impact storefront with fluoropolymer color with clear insulated impact glass with SN68 low E coating and IR350 storefront doors e. Includes transaction window by Quick Serve with deal tray and amplified speak thru f Includes'/a" clear laminated tempered door glass as scheduled g. Includes OHD's as shown and scheduled. Door wind pressures are as indicated on the structural drawings +28/-34, with a powder coat finish and'/z HP motor operated. Excludes wind pressure of 170 PSF per FL 15960.1 7. Division 9-Finishes a. Includes 20-gauge framing at 16" o.c. throughout, 5/8" drywall, abuse drywall below the reception desk, tile backer board at showers. b. Drywall exposed to view will have a light textured knockdown finish c. Ceilings are framed with either 1-5/8" or 3-5/8" 20-gauge metal framing with 5/8" drywall d. Includes 2-coat, 5/8" stucco with textured finish on all exterior CMU walls and dumpster enclosure. Includes PVC trims and beads c. Includes acoustical ceiling tiles Armstrong Ultima High NRC 1942-2'x2'x7/8" with tegular edge -white and Armstrong Suprafine 7500 2x2x9/16" intermediate duty suspension system -white f. Includes ceramic floor tile in all restrooms and lockers rooms and 3'-4" high wall file wainscot on wet walls only and full height wall file in the showers only. Floor tile is CT- 2 Dal -Tile Dignitary and wall tile to be Dal -Tile Modern Dimensions with a matte finish g. Includes 2'x2' carpet file (TBD) h. Includes LVT Armstrong Parallel 20, 12"x24" i. Includes Armstrong or equal base, straight at carpet areas and caved at LVT and sealed concrete areas as indicated J. Painting -Includes all interior drywall walls and ceilings, interior CMU walls, hollow metal door frames and hollow metal doors. Wood doors are factory finished. Includes exterior stucco and bollards k. Includes sealed concrete floors using H&C clear sealer 8. Division 10-Specialies a. Includes solid plastic toilet partitions and urinal screens b. Includes toilet accessories including grab bars at ADA toilets and showers, soap dispensers, hand sanitizer dispensers, 18"x36" mirrors, paper towel dispensers at locations without hand dryers, toilet paper dispensers, mop & broom holders with shelves, shower curtains, ADA shower seats and Dyson Hand dryers. Excludes sanitary napkin / tampon venders and diaper changers c. Includes FEC/FE and wall mounted FE as shown Page 2 of 5 Page 3 of 18 52 of 227 d. Includes PVC comer guards at outside corners of drywall partitions e. Includes metal single tier lockers with solid wood locker benches as shown, includes one ADA locker in each locker room f Includes suspended aluminum canopies and main entry canopy as shown by Perfection Architectural g. Includes an allowance of $9,230.00 for interior & exterior building signage, excludes monumental signage h. Includes operable wall partition with 4'x4' markerboards on each panel, excludes a pass door 9. Division 11-Equipment a. Includes one refrigerator at an allowance of $1,800.00 b. Includes vehicle maintenance equipment as listed on sheet EQ. LA I and our GMP. We have allowed an allowance of $135,000.00 for this equipment furnished and installed, pricing will vary based on final equipment selections. This is an item of work typically provided by the owner of the facility c. Includes oil lubrication system, includes (2)-500-gallon new oil tanks and (1)-1000- gallon recycled oil tank with required emergency vents and piping from flammable storage room to hose reels with electronic metered handles. Include one waste oil drum with pump to pump into the 1000 gallon recycle holding tank d. Includes Fuel tank and dispensing equipment, includes (1)-16,000 gallon -three compartment double wall fiberglass storage tank, (2)-helix three product six hose dispensers with Franklin fueling UPP piping, accessories, and EVO monitoring system e. Includes one vacuum system and carwash wand system f. Include one 24'x96' canopy system over the fuel and carwash areas including lighting, excludes a fire suppression system 10. Division 12-Furnishings a. Includes I" mini blinds at all exterior window except for the main entrance and seven full l.ite door windows b. Includes an allowance of $158,190.00 for the office furniture and an allowance of $15,000.00 for furnishings. Pricing will vary based on final furniture selections. This is an item of work typically provided by the owner of the facility 11. Division 13-Special Construction a. Includes the PEMB frames (galvanized) and secondary framing (purlins & girts with G90 galvanizing) with 3" insulated wall panels above the 8" CW/Stucco wainscot wall and 24 gauge standing seam galvalume roof system with standard gutters & downspouts with R-30 long tab roof insulation in all concealed and exposed areas. All exterior exposed ceiling areas (20' overhang & covered heavy equipment maintenance area) to have a 26- gauge white liner panel 12. Division 21-Fire Protection a. Includes a complete wet fire protection system for the building and overhangs b. Includes a clean agent system for MDF room 1-106 only e. Excludes fire protection system at the fuel / carwash area based on Florida Fire Prevention Code Chapter 30 d. Excludes pipe insulation where exposed at the exterior per Wayne Eseltine Sebastian Building Director / Fire Marshall who confirmed Sebastian is not considered a freeze zone e. Includes painting of exposed sprinkler piping Page 3 of 5 Page 4 of 18 53 of 227 13. Division 22-Plumbing a. Includes all PVC waste lines and vent piping as shown b. Includes all CPVC water pipe system c. Includes all plumbing fixtures as scheduled on sheet P6.01 d. Includes electric 80-gallon water heater and instantaneous water heaters e. Includes recirculating hot water pump and mixing valve system as indicated f. Includes the I000-gallon oil / sand interceptor for the trench drain system g. Includes the air compressor system, including the air dryer and combination filter I separator using copper supply lines to hose reels h. Includes HVAC condensate line 14. Division 23-EIVAC a. Includes a complete sheet metal ducted supply and return system, including the DX split systems, VAV's, exhaust fans, grilles & diffusers, louvers, and shop fans using one of the acceptable manufactures b. Includes fire and smoke dampers c. Includes portable fume extractors d. Includes stand-alone programable thermostats, DDC controls are excluded as well as a BACnct system / BAS System 15. Division 26-Electrical a. Includes interior and exterior lighting as scheduled b. Includes FPL primary conduits from ROW to transformer as well as communication conduits c. Includes three EVR charging stations, Leviton EVR-Green EVR30-BCI with pedestals. d. Includes 1200 AMP 3-Phase and 100AMP 3-Phase 120/208 main power to serve panels e. Includes all distribution wiring in conduits or MC cable as allowed by code f Includes conduiting and back boxes for all low voltage systems g. Includes power to HVAC equipment and ionization system h. Includes all switches and receptacles as indicated i. Includes a complete point addressable Fire Alarm system j. Includes the UPS system as specified, sized for 7 minutes at full load k. Includes lightning protection system 1. Includes 300 KW generator and transfer switches 16. Division 27-Systems a. Includes access controls and cameras furnished and installed by Bit Direct. Up to 30 cameras and 9 door access points b. Include the hearing loop for the two classrooms and reception speaker at the teller window by Complete Hearing Solutions c. Includes two projectors and motorized screens 60"x144" as sized on sheet EQ. IAI d. Includes 14 TV's and two Smart Boards e. Includes speakers and amplifier f Includes cabling for card access and cameras g. Includes cabling for only for WAPs by others h. Includes all cabling and cover plates for V/D and TV's i. Includes phone system with 3-year service agreement. j. Excludes computers and monitors 17. Division 31/32/33 a. Includes erosion control measures and MOT Page 4 of 5 54 of 227 Page 5 of 18 b. Includes cut 1 fill and import to all subgrades c. Includes using full depth coquina rock ILO of stabilization, 16" for HD asphalt and 12" for LD asphalt d. Includes 1.5" of SP 12.5 for LD asphalt and 2-lifts of 2.5" SP1.5 for the HD asphalt, includes parking bumpers and pavement markings e. Includes storm piping and structures as indicated f. Includes on site gravity sanitary sewer system as indicated, excludes future lift station and all off FM and gravity sewers as shown on sheet C-9 g. Includes fire water and domestic water services as shown on sheet C-9 h. Include 8' high galvanized chain link, two 24' motor operated slide gates and one 30' motor operated swing gate and 2-man gates. Excludes barbwire at perimeter fencing i. Includes 4" thick concrete sidewalks reinforced with fiber mesh as indicated on sheet C- 2, includes ADA ramps and turndown edges j. Includes Type D curbing as shown on sheets C-2 & C-3 k. Includes stabilized overflow and equipment storage areas 18. Contingency and Fee a. Project includes a 3.0% contingency b. The Project contingency will be managed by the project team with the entire unused portion returned to the Owner upon completion and close out of the final pay application. The Project contingency will not be spent without approval from the Owner. c. Project includes a 6.5% CM Fee. Total Base Bid including all Previously Accepted Alternates is $9,161,495.00 (Nine Million One Hundred Sixty -One Thousand Four Hundred Ninety -Five Dollars) Respectfully Submitted, Digitallyslgned by5mti ScottScott Loiacano ` DN: Cn=Srpli L41aW na, P, ou, emalkscotdolamno@wcgfl.c Loiacano ai20S M Gate: 21121.02.12 13:3031 05 , Scott Loiacano Senior Project Manager Page 5 of 5 Page 6 of 18 55 of 227 DESIGN BUILD GUARANTEED MAXIMUM PRICE (GMP) WORK SERVICES AGREEMENT RFQ 18-09: Design Build of City Garage and Public Facilities Storage Building Compound AGREEMENT APPROVED BY CITY COUNCIL: AGREEMENT EFFECTIVE DATE: 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Wright Construction Group, Inc. (Design Builder). 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 Design Builder: Scott Loiacano (PROJECT MANAGER) Senior Project Manager 5811 Youngquist Road Fort Myers, FL 33912 Phone: 239-481-5000 Cell: 239-243-5065 Email: scott.loiacano@wcgfi.com 4. Guaranteed Maximum Price (GMP). The Design Builder's GMP for the Work is a total of Nine Million, One Hundred Sixty -One Thousand. Four Hundred Ninetv-Five dollars and Zero cents ($9,161,495.00). The Design Builder shall be entitled to no increase. This price is for the performance of the Work in accordance with the Agreement Documents listed in Section 6. 5. Project Time. The Design Builder shall achieve Substantial Completion of the Work and issue Certification of Occupancy no later than June 30, 2022. Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Agreement Document. • Exhibit "A" — GMP Proposal for Design Build Project, including Addenda and Alternate Prices, dated February 12, 2021 • Exhibit "B" — GMP Summary with Unit Prices, dated February 12, 2021 • Exhibit "B" — Allowance Items, dated February 10, 2021 • Exhibit "C" — Project Schedule(s), dated June 5, 2019 - update to be submitted within 10 days of Notice to Proceed (NTP) • Exhibit "D" — Payment and Performance Bond, to be submitted within 10 days of NTP Additional Agreement Documents include the Notice to Proceed (NTP), Purchase Order(s), Contract Amendments and Chanqe Order(s). 7. Liquidated Damages. If the Design Builder fails to achieve Substantial Completion of the Work within the Contract Time listed above, the City shall be entitled to retain or recover, as liquidated damages and riot as a penalty, the sum of S300.00 per calendar day. Liquidated Damages will be sought starting on the first day following expiration of the Contract and continuing until the actual date of Substantial Completion. Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a result of delayed completion. The City may deduct liquidated damages from any unpaid amounts due the Design Builder under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due the Design Builder shall be payable to the City at the demand of the City, together with interest from the date of the demand at the maximum allowable rate. 8. City Funds. If sufficient funding is not available for Design Builder to complete the Work, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to Design Builder's completion of its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. City of Sebastian, Florida 1 Wright Construction Group, Inc. (GMP) RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound 5d Of f 27 Page 7 of 18 9. Project Team. Design Builder will provide names and roles of the Project Team assigned for approval by the City. If any member of the Project Team discontinues service on the Project for any reason whatsoever, Design Builder shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 10. City's Project Manager. City shall designate a Project Manager. All Work done by the Design Builder 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 Agreement on the part of the Design Builder 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. 11. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to inspect and audit Design Builder's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by Design Builder for a period of three (3) years from the date of final payment under the Agreement. 12. Design Builder Initiated Changes. If the Design Builder initiates a substitution, deviation or change in the work which affects the scope of work or the expense of other trades, Design Builder shall be liable for the expense thereof, and any incidental extra work created by the change. 13. Termination for Convenience. Upon ten (10) days' written notice to Design Builder, the City may, for its convenience and without cause, elect to terminate this Agreement. In the event of termination, City will be responsible for compensating Design Builder only for the Work satisfactorily completed or partially completed up to the date of termination. Design Builder shall not be entitled to compensation for loss of anticipated profit. 14. Insurance. During the term of the Agreement, Design Builder, at its sole expense, shall obtain and maintain 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 Design Builder. Design Builder shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Design Builder'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. 14.1 Minimum Insurance Requirements. 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 Design Builder against any loss exposures, whether as a result of the Project or otherwise. All insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members, officers, employees and agents. an amount not less than: Commercial General ' $2,000,000 General Aggregate Limit; Each Aggregate Limit; Products & Liability Completed Operations; and Personal & Advertising Injury • $50,000 Fire Damage Limit • $5,000 Medical Expense Limit Professional Liability .n amount not less than: (Errors & Omissions) $500,000 Each Occurrence, covering any damages caused by an error, omission or any negligent acts. an amount not less than: Automobile Liability . $1,000,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit In accordance with Florida Statutes 440, maintain worker's compensation Worker's insurance to the extent required by law for all their employees to be engaged in Compensation work under this contract. City of Sebastian, Florida 1 Wright Construction Group, Inc. (GMP) RFQ #r•18-09 Design Build of City Garage and Public Facilities Storage Compound Page 2 of 5 Page 8 of 18 57 of 227 15. Payments. 15A 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 Work completed to the satisfaction of City. 15.2 Payment Requestslinvoices. Requests for payment for the provision of the Work 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 Design Builder's payment request/invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 15.3 Progress Payments. 15.3.1 15c Application for Payment. The first Application for Payment shall be submitted no earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, Design Builder shall submit to City, for its review and approval: (1) A schedule of values based upon the GMP, listing the major elements of the Work and the dollar value for each element; and (2) A complete list of all its proposed subcontractors showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. These submittals will be used as the basis for the submitted Applications for Payment. 15.3.2 Monthly Applications for Payment. Design -Build Firm shall submit three (3) copies of each of its Applications for Payment to the City on or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the City shall either: (1) Indicate approval of the requested payment; (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (3) Return the Application for Payment to the Design Builder indicating, in writing, the reason for refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the Design Builder may make the necessary corrections and resubmit the Application for Payment for reconsideration within ten (10) calendar days of receiving notice of refusal. Monthly payments to Design -Build Firm shall in no way imply approval or acceptance of Design -Build Firm's work. 15.3.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the City for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%) of the gross amount of each payment request. Such sum shall be accumulated and not released to Design Builder until final payment is due. Any interim interest on such sums shall accrue to County. Due to circumstances beyond the Design Builder's control and at the City's sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Design Builder upon receiving a certificate of substantial completion and approval from the Architect/Engineer. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of work. City of Sebastian, Florida 1 Wright Construction Group, Inc. (GMP) RFC #18-09 Design Build of City Garage and Public Facilities Storage Compound 5 g 3 of 27 Page 9 of 18 tS 15.3.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The City may nullify the whole or any part of any approval for payment previously issued and withhold any payments otherwise due the Design Builder under this Agreement, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Design Builder to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; (e) reasonable indication that the Work will not be Design Builder; or (g) any other material breach of the Contract Documents. If these conditions are not remedied or removed, City may, after three (3) days written notice, rectify the same at Design Builder's expense. City also may offset against any sums due Design Builder the amount of any liquidated or un-liquidated obligations of Design Builder to City, whether relating to or arising out of this Agreement. 15.3.5 Final Payment. City shall make final payment to Design Builder within thirty (30) calendar days after the Work is inspected and accepted by City in accordance with Section 10 herein provided. Design Builder's acceptance of final payment shall constitute a full waiver of any and all claims by Design Builder against City arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by City shall be deemed to be a waiver of City's right to enforce any obligations of Design Builder's hereunder or to the recovery of damages for defective Work not discovered by the City at the time of final inspection. 16. Public Records: Design Builder will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Design Builder 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. Design Builder 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 Design Builder does not transfer the records to the City. Upon completion of the Agreement, Design Builder will transfer, at no cost, to the City all public records in possession of the Design Builder or keep and maintain public records required by City to perform the service. If Design Builder transfers all public records to City upon completion of the Agreement, Design Builder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Design Builder keeps and maintains public records upon completion of the Agreement, Design Builder 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 Design Builder 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 DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DESIGN BUILDER'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. City of Sebastian, Florida / Wright Construction Group, Inc. (GMP) RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound Page 4 of 5 Page 10 of 18 59 of 227 17. Indemnification. The Design Builder 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 Design Builder, its family, associates, Design Builders, 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. 18. Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services. Design Builder shall use good faith efforts to ensure opportunities to compete for and perform contracts are available on the Project. 19. 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. 20. 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. 21. 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. 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 Manny Anon Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN : ("City") BY: Paul E. Carlisle CITY MANAGER WRIGHT CONSTRUCTION GROUP, INC.: ("Design Builder") BY: Fred M. Edman PRESIDENT City of Sebastian, Florida 1 Wright Construction Group, Inc. (GMP) RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound Page 5 of 5 60 of 227 Page 11 of 18 M OF SE13A$T1UkN HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached June 24, 2020 Coininunity Redevelopment Agency minutes were approved at the February 24, 2021 Community Redevelopment Agency meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 68 of 227 Chairman Dodd called for a break at 7:40 p.m. and reconvened the meeting at 7:46 p.m, All members were present. The motion was to disapprove the request to define the accessory structure as the principal structure on the lot; a yes is to deny the application. Roll call: Bice Chairman Mauti - nay Mr_ Gilliams - nay Mr. Hill - aye Ms. Parris - nay Chairman Dodd - aye Motion failed. 3-2. MOTION by Mr. Gilliams and SECOND by Ms_ Parris to approve the variance for Joseph and Julie Scozzarri in regards to lot 26, block 381, Sebastian Highlands Unit 11. Roll call: Mr_ Gilliams - aye Mr, Hill - nay Ms. Parris - aye Chairman Dodd - nay Vice Chairman Mauti - nay Motion failed, 3-2. Mr. Gilliams started to make a motion to include a condition that if the Scozzaries would sell the property, they would have to sell the lot to someone who lives within 500 feet of the structure. Chairman Dodd said he wasn't sure how that could be stipulated as the code was clear. The City Attorney advised that the City's position outlined on pages 11-51 of the agenda backup were to be included as part of the record. 7:53 pm L� 9. Recess the Board of Adiustment Hearing and Convene the Communitv Redevelopment Aciencv Meetinq Mayor Dodd adjourned the Board of Adjustment Hearing and convened the CRA meeting. A. MOTION by Mr. Hill and SECOND by Vice Chairman Mauti to approve the February 26, 2020 CRA Meeting Minutes passed with a unanimous voice vote. 20.080 B. Aoorove Sidewalk Replacement at Riverview Park under the Timothv Rose Contractinq, Inc. Concrete Construction Service Agreement in the Amount of $78,622,36 and Authorize the Citv Manaaer to Execute the Aporooriate Documents (Transmittal. Quote, Bid, Plan, Minutes Excerpt) The City Manager said the sidewalk replacement is part of Riverview Park tree prolection plan to remove existing sidewalk and replace it with a more substantial sidewalk. In regard to the bidding process, the City Manager explained that the City does multiple year contracts June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 7 69 of 227 10 with contractors to obtain the best price and if each project was to go out to bid, the unsuccessful contractors would eventually stop bidding. He noted upon the rebidding process, all contractors are welcome to bid. Chairman Dodd said when there are events in the park the vendors fill up the sidewalk space and asked if they should open up Harrison Drive or Indian River Drive for vendor booths. The City Manager said the plan is to protect the root structure from compaction; and, the ultimate plan is to block off Harrison Street to expand the promenade for booths. MOTION by Chairman Dodd and SECOND by Mr. Gilliams to approve the sidewalk replacement at Riverview Park under the Timothy Rose Concrete agreement. Public lnout. Eden Hocker, Sebastian, asked if the material will be permeable to get the water to the roots of the trees. Mayor Dodd advised it would be concrete and the park's trees did not have a problem in receiving water. Bob Bedea said, he too, would like to see pervious surfaces in the park Charles Stadelman, Sebastian, asked if the plan added additional sidewalk to the area. Mayor Dodd advised it would widen the sidewalks and replace them where they exist now. Mr. Stadelman noted there wasn't any disability crosswalk at US 1 and CR512; at Indian River Drive and CR512; or on Harrison Street. Mayor Dodd said FDOT would have to address the crossings on US 1. The Community Development Director said there is not a crosswalk at Indian River Drive because of the drainage structure, She stated she would be open to any suggestions from him or the public. The City Manager stated sidewalk concrete would be six inches thick without rebar. Roll call: Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - aye Motion carried. 5_0 Recess the Community Redevelopment Aqency Meetinq and Reconvene the Reqular City Council Meetinq Mayor Dodd adjourned the CRA meeting and reconvened the City Council meeting at 8:09 p.m. All members were present. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 8 70 of 227 cm �� SEEVISTIUNN HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached January 27, 2021 Community Redevelopment Agency minutes were approved at the February 24, 2021 Community Redevelopment Agency meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 71 of 227 Regular City Council & CRA Meeting January 27, 2021 Page 4 The Community Development Director said she would add the St. Sebastian River TMDL which will bolster the policy. Mayor Dodd noted that Dr. Cox suggested that the City should advertise more as they move through the camp plan process. Vice Mayor Hill said the document was well done, staff did an outstanding job incorporating the community's comments. Council Member Jones thanked everyone who worked on this; it will keep the City one of the most beautiful cities on the coast. Council Member McPartlan said this was the City's vision for next 20 years but noted that things change and he hopes they will still be on track in seven years. Mayor Dodd said the Community Development Department has done a fantastic job but he noted it will require a lot of changes in the Land Development Code so their work is hardly over. MOTION by Vice Mayor Hill and SECOND by Council Member Jones to approve Ordinance No. 0-21-01 on first reading providing for the transmittal of the proposed City of Sebastian Proposed Comprehensive Plan 2040 passed with a unanimous voice vote. 5-0 -- P 11. Mayor Dodd recessed the City Council Meeting and convened the Community Redevelopment Agency meeting at 7:07 p.m. A. ARproval of Minutes — December 9, 2020 CRA Meetinq MOTION BY Mr. McPartlan and SECOND by Mr. Nunn to approve the December 9, 2020 CRA Meeting minutes passed with a unanimous voice vote. 5-0 21.017 B. Discussion of Seotic to Sewer Proqram Options and Provide Directive to Staff {Transmittal, Report) The City Manager said in 2019, the County noticed residents that sewer was available and since then the City has provided grants for conversions and notified others by flyers, notices, and news blasts that grant money was available. He said there are requirements in state statutes and city code that if sewer is available, it is mandatory to hook-up and the Health Department also requires a hookup if a septic system fails. He asked Council how they would like staff to proceed with a program to get approximately 140 properties in the CRA District off of septic systems. He said about 40 systems have to be put on a gravity system for about $4,000-$5,000 a unit. Mayor Dodd noted the City will lose grant money if people don't use the program; and the residents will lose the County's impact fee reduction currently available. He said during his discussions with the City Manager to come up with an objective to present to Council, he found out there is grant money available but this particular program requires 95% of the properties to connect which won't happen voluntarily. 72 of 227 Regular City Council & CRA Meeting January 27, 2021 Page 5 7:21 pm He said what would be the process that the City could assume the financial contracting/managing responsibility to get these transactions to take place and cover that as much as possible with grant programs that will pay the cost to connect. He said it is feasible to do this and then go after each property owner for the ERUs to reimburse the City for what they couldn't cover with the grants. He said it is a way to get all the properties off the septic systems. He asked the other members if they had any interest in this. In response to Council Member Nunn, the City Manager said people have not come to the City to find other funding alternatives. He said if the Mayor's suggestion can help get the conversions paid for, he was in favor of it. Vice Mayor Hill said he was in favor of it and was a strong proponent of getting the sewer line in but he was concerned with the economic condition the small businesses and restaurants are in and that the City many be burdening them with additional expenses. He said if there was a way to get this paid without impacting the businesses, he would support it. Mayor Dodd said he also did not want to request money from businesses right now but possibly in 18-24 months. Vice Mayor Hill noted one thing in the agenda backup is to have an engineer start the process for approximately a year then they would have to wait to plan for any infrastructure improvements. Mayor Dodd said he would like Council to direct the City Manager to put together a project plan where the City takes on financing for the engineering work to do it. He said 100 lift stations would be unfathomable which is what will happen if the individual businesses go forward, so an engineering firm can determine how many lift stations to service a certain amount of businesses. Mayor Dodd explained one caveat is there are 40 gravity fed properties that in a year and half from now will have to pay an additional $600-700 County impact fees that they don't have to pay today. He said those properties can be done quickly at a savings with the grant money currently in the system. The City Manager said a portion of the City's available $160,000 is the match to the Indian River Lagoon Council of which $80,000 has to be spent by September. He said if they explain to the Indian River Lagoon Council their intent, the Indian River Lagoon Council may grant an extension. The Community Development Director said a single ERU is $2,796. Mayor Dodd said the City could pay that and roll that money into the 25% match they would expect from the property. Council Member Nunn asked if they could request the County to extend the impact fee reduction. The City Manager said he asked last year and the administrator said it would have to go back to the commissioners but he could not support the idea. 73 of 227 Regular City Council & CRA Meeting January 27, 2021 Page 6 7:29 pm The Community Development Director said the County's website lists individuals on the gravity sewer line that have five years to connect (until May 22, 2024) with what needs to be paid by the property owner. She noted the impact fee savings would reduce to 600% in April 2021. Vice Mayor Hill asked if the County required the $2,700 ERU upfront or was is in the resident's payments. The City Manager explained that the County allowed residents to make payments on the infrastructure; but impact fees are required at time of connection. Council Member McPartlan asked if there was a way to make an ordinance that if one sells the property, the next owner has to be on sewer then introduce the grant program. He commented that over ten years; a lot of those properties will change hands that will instigate a change. Mayor Dodd called for a recess at 7:30 p.m. and the meeting reconvened at 7:37 p.m. All members were present. The City Manager said to put a condition on the sale of a property might not be a proper methodology but there is an ordinance requiring hookup at 60 days after it is available so one thing the City can do is record a notice of violation that they have to correct when sell the property. Mayor Dodd said if Council agrees, he would like to see to the City Manager go forward with putting together a plan to get approval from all of the other partners. He said the Sebastian Highlands is in the top ten of the polluting septic systems for the Indian River Lagoon. He said a major step would be to migrate Sebastian to a central, collective system which the City can't do on our own and if they can't come up with the political will to get it done for 140 CRA properties, they will never get it done in the Highlands. He said it would help them find out what cooperation they have and show we want 'to take the responsibility of connecting properties; which will allow the City to receive more grant money. This means the City must take the financial responsibility of contracting this, making it happen and then working out the financial details with the property owner knowing the City will be reimbursed. He said it was important to move forward with this. Council Member Nunn said the City of Vero Beach has an ordinance that 500 property owners on the barrier island had to either give proof their systems were pumped and inspected or connected to the step system by January 1'. If they didn't address a failed system they would have to face code enforcement. He said this might be something to look at. Vice Mayor Hill said there are already government agencies that have mandatory hookup in place, all it would take is to say the City is going to enforce it but he didn't support this because it would be a major financial burden on the businesses. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to have the City Manager to come up with a plan, bring the plan back to them for approval, hire an engineer and then identify a way to pay for it followed by reimbursement in the future. 74 of 227 Regular City Council & CRA Meeting January 27, 2021 Page 7 The Community Development Director said there has been a Septic to Sewer Program in the CRA since 2016. Council Member Jones noted the program was there before COVID pandemic, the property owners don't want to do it; it was time to push the issue. He said they need to protect the lagoon. Council Member McPartlan said if they decide to create a plan and the property owners were still not connecting to sewer, they should go towards enforcement. Mayor Dodd agreed he would not want to spend money for a plan if they don't intend to enforce it; and he would not want to notify the businesses that they must convert unless the City works out a process by which we can mitigate the expense as much as possible. Vice Mayor Hill said he would like to notify the businesses now before the grant money goes away, maybe a flyer. The City Manager offered to put out another flyer. Council Member Jones asked if the enforcement side should be in the motion. Vice Mayor Hill suggested that will be part of the plan. He asked that the flyer should indicate the City is serious about getting it done. The City Attorney agreed, enforcement should be part of the plan. There was no public comment on this issue. Vice Mayor Hill's motion passed unanimously with a voice vote. 5-0. ��' 12. Mayor Dodd adjourned the Community Redevelopment Agency Meeting and reconvened the City Council meeting at 7:50 p.m. 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 21.018 A. Resolution No. R-21-03 — Opposing the Elimination of Statutory Authorization for Reqional Planninq Councils in Florida (R-21-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE TREASURE COAST REGIONAL LEAGUE OF CITIES, INC. POSITION; OPPOSING THE ELIMINATION OF STATUTORY AUTHORIZATION FOR REGIONAL PLANNING COUNCILS IN FLORIDA AS PROPOSED IN SENATE BILL 62 OR SIMILAR PROPOSED LEGISLATION; PROVIDING FOR SCRIVENER'S ERROR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Dodd said there is a bill in Tallahassee to do away with regional planning councils but he sees a benefit of having the councils and asked Council for their support of the resolution. There was no public input on this item. 75 of 227 MOF ISEBAST-" HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY MEETING TRANSMITTAL Council Meeting Date: February 24, 2021 Agenda Item Title: Harbor Lights Motel property Recommendation: Consideration of workshop discussion items for the future use of the Harbor Lights Motel property. Background: The Community Redevelopment Agency (CRA) Board met on February 10, 2021 to discuss the former Harbor Lights Motel site. The CRA Board considered various options based on the cost analysis and condition of the current structures. The Board consensus was that the sale and re- development of the property with conditions was in the city's best interest. There was also discussion what might be the highest and best use for future development, as well as uses allowed in the CWR zoning district. A Request for Proposal (RFP) (See Attachment 1.) is an effective tool that the city may wish to utilize as it would give the city an opportunity to outline the bidding process for the property and consider by contractual agreement what future development may occur on the site. The original hotel was constructed in 1951 as a motel and residence. The site is part of a historic district however it is not registered as a historic structure. The property was purchased in March 2018 for $750,000 to assist the City in preserving the Indian River Lagoon view shed and access east of Indian River Drive by prohibiting any future development along the water's edge. After the initial purchase the east side of the property was unified to the public boat launch property to the north. An appraisal was conducted in March 2020 estimating a value of $295,000 for the remaining hotel property. An Environmental Transaction Screening report was conducted prior to purchase (See Attached Excerpt). The property is zoned CWR, Commercial Waterfront Residential (See Attached) and must also follow the performance criteria found in the Riverfront Overlay district. A survey and aerial (See Attached) have been provided along with several renderings for consideration. Examples of a similar Request for Proposal scope have also been provided for your consideration. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: nla Total Cost: nla Funds to Be Utilized for Appropriation: n/a Attachments: 1. Request For Proposal outline 2. Environmental Transaction Screening (Feb 2018) 3. CWR zoning district regulations 4. Aerial 5. Survey 6. Example Schematics/Renderings/Photos 7. Examples of a similar scope Request for Proposals (City of Sebring, FL) Administrative Services Departm Revi City Attorney Review; _� Procurement Division Red`iew, if applicable City Manager Authorization: Date: 76 of 227 Request for proposal (RFP) 1. A request for a proposal is a method customers will use to get specific information from vendors, including the price of a solution. Prospects seeking a new product will send RFPs to offer more detail regarding the problem they're facing in the hopes that the vendor will respond with some suggested resolutions. A key purpose of sending an RFP is to gain insight regarding solutions specific to your problem that maybe you didn't think of during your research. People within the company have more experience with their product, and should be used as a resource to configure the best solution and action plan possible. When sending an RFP, you need to be as specific as possible. Give the vendor details regarding your processes, needs, and end goals for the investment. At this point, you should be ready to make a purchase. This isn't so much of an exploration phase, but more of a "let's build a concrete action plan for my business" phase. RFPs will also include questions regarding the workflow of the collaboration, should a purchase be made. For example, the buyer will ask about implementation processes, methods for keeping cost under control, and any foreseeable concerns the vendor might have regarding the timeline. 77 of 227 TABLE OF CONTENTS SECTION 1.0 EXECUTIVE SUMMARY: FINDINGS AND CONCLUSIONS 1.1 FINDINGS 1.2 CONCLUSIONS SUMMARY 1.3 SITE FACTS 1.4 EXCEPTIONS AND/OR DELETIONS TO ASTM E 1527 1.5 NON -SCOPE ISSUES SECTION 2.0 INTRODUCTION 2.1 PURPOSE OF A PHASE I 2.2 SCOPE OF WORK 2.2.1 Site Description 2.2.2 Site Reconnaissance 2.23 Review of Historical Information 2.2.4 Interviews 2.2.5 Conclusions and Recommendations 2.3 INTERPRETATION OF THE REPORT SECTION 3.0 SITE DESCRIPTION AND RECONNAISSANCE 3.1 SITE PHOTOGRAPHS 3.2 GEOLOGIC AND HYDROGEOLOGIC CONDITIONS 3.3 EXISTING STORAGE TANKS 3.4 PREVIOUSLY EXISTING STORAGE TANKS 3.5 HAZARDOUS SUBSTANCE STORAGE AND HANDLING 3.6 SPECIFIC HAZARDOUS SUBSTANCES RECONNAISSANCE 3.6.1 Surnniaiy of Specific Hazardous Substances Reconnaissance (Beyond ASTM Scope) 3.6.2 Details of Specific Hazardous Substances Sampling/Observations 3.7 POLYCHLORINATED BIPHENYLS (PCBS) 3.8 CLARIFIERS, SUMPS, TRENCHES, AND INDUSTRIAL DISCHARGE SOURCES 3.9 SURFACE CONDITIONS 3.10 STRESSED VEGETATION 3.11 PRIOR OR CURRENT AGRICULTURAL LAND USE 3.12 OTHER ENVIRONMENTAL CONDITIONS 3.13 VISUAL OBSERVATIONS, ADJOINING SITES SECTION 4.0 REVIEW OF HISTORICAL INFORMATION AND REGULATORY AGENCY RECORDS 4.1 HISTORICAL AERIAL PHOTOGRAPH AND U.S.G.S. TOPOGRAPHIC MAP REVIEW 4.2 HISTORICAL MAP REVIEW 4.3 HISTORICAL CITY OR STREET DIRECTORY REVIEW 4.4 AGENCY CONTACTS (RECORDS SEARCH) 4.4.1 Building Department Records Copyright Z 2018 FL,rida Lurirurunrrrrnl Consul ing, Inc. All r ullf, I mmd 1 - 1 Mwidn En rimmirenral Cvrrs+drir+X,7+c. Pro34ci No. FGC-18- IO6 79 of 227 4.4.2 Fire Department Records 4.4.3 Health or Environmental Agency Records 4AA Sanitation Agency Records 4.4.5 Water Quality Agency Records 4.4.6 Oil and Gas Agency Records or Maps 4.4.7 Pipeline Agency Records or Maps 4.4.8 Other Pertinent Records/File Reviews 4.5 REVIEW OF ENVIRONMENTAL RECORDS SEARCH 4.6 CHAIN -OF -TITLE ABSTRACT AND/OR REVIEW 4.7 ADDITIONAL ENVIRONMENTAL DOCUMENTS 4.8 HISTORICAL SITE USE 4.9 IDENTIFICATION OF HISTORICAL DATA GAPS 4.10 REVIEW OF TITLE AND/OR JUDICIAL RECORDS FOR ENVIRONMENTAL LIENS OR ACTIVITY AND LAND USE LIMITATIONS (E.G., ENGINEERING AND INSTITUTIONAL CONTROLS) SECTION 5.0 INTERVIEWS 5.1 INTERVIEWS WITH OWNER, PROPERTY MANAGER, USER, AND OTHERS 5.2 PURCHASE PRICE VERSUS FAIR MARKET VALUE INTERVIEW SECTION 6.0 CONCLUSIONS AND RECOMMENDATIONS 6.1 RECOGNIZED ENVIRONMENTAL CONDITIONS 6.2 DE MINIMIS CONDITIONS, HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS, AND CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS SECTION 7.0 LIMITATIONS SECTION 8.0 FIGURES SECTION 9.0 APPENDICES Appendix A Site Photographs Appendix B Summary of Agency Contacts Appendix C Copies of Records Appendix D One -Mile Radius Regulatory Database Report Appendix E Sampling and Analysis Documents Appendix F Interview Notes Appendix G Miscellaneous Information Appendix H References Appendix I Qualifications Appendix J Environmental Acronyms and Definitions C.p,--r�ghv r 2019 Flo id.Gin•i�,.ud C'omiol ing. Inc, All nghls rau"d 1-2 Florldn Envinrrrrnr e l Canr.lfing, Irrc. 1'rulzU No T k 1, l iu, 80 of 227 SECTION 1.0 EXECUTIVE SUMMARY: FINDINGS AND CONCLUSIONS 1.1 FINDINGS This report presents the results of the Phase I Environmental Transaction Screening conducted by Florida Environmental Consulting, Inc. at 1215 Indian River Drive, Sebastian, FL 32958 (see Figure 2, Site Location Map). The Phase I was undertaken at the request of the City of Sebastian in accordance with Florida Environmental Consulting, Ines Standard Terms and Conditions. The findings and conclusions of this investigation are based upon a review of historic site -use activities, contact with and records fiom governmental regulatory agencies, regulatory database searches, as well as a site reconnaissance and interviews with the client, site personnel, and possibly others who may have knowledge of various aspects of the subject site. At the time of this assessment, the site consisted of approximately 0.76 acres of commercially developed land. Information gathered in the course of this assessment indicates that the subject site is currently owned by Ruth Sullivan. The principal findings of Florida Environmental Consulting, Inc.'s Phase I Transaction Screening for this site are as follows: The subject site is currently affected by • No recognized environmental condition (REC); and • 1 de minimis conditions, historical recognized environmental conditions (HREC), or controlled recognized environmental conditions (CREC). • The potential for soil or groundwater contamination of the subject property from either on or off -site sources appears to be low. • Given the findings and conclusions of Florida Environmental Consulting, Ina's Phase I Environmental Transaction Screening, further investigation is not recommended at this time. • Florida Environmental Consulting, Inc. has performed this Phase I Environmental Transaction Screening of the subject site in conformance with the scope and limitations of the standard practice set forth in the American Society for Testing and Materials (ASTM) Designation: E1528-14, "Standard Practice for Limited Environmental Due Diligence, Transaction Screen Process." Any exceptions to, or deletions from, these practices are described in Section 1.4 of this report. Copyright C 2019 Awidn Fn rironrn rnraf 0,a 01hoV. Inc. All nglll resS rred 1-1 Florida Emironnenefal Coneulring, Ina Projea No FEC-1 8-106 81 of 227 1.2 CONCLUSIONS SUMMARY Based on the findings of this Phase I Environmental Transaction Screening, Florida Environmental Consulting, Inc. has identified the following recognized environmental condition(s): RECOGNIZED ENVIRONMENTAL CONDITION(S) Condition # Location Description of Condition None NIA No evidence of recognized environmental conditions was found during this investigation. Based on the findings of this Phase I Environmental Transaction Screening, Florida Environmental Consulting, Inc. has identified the following de minhnis conditions, historical recognized environmental conditions, and/or controlled recognized environmental conditions: DE MINIMIS CONDITIONS HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS, OR CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS Condition # Location Description of Condition Condition 1 Existing The subject site contains Asbestos Buildings Copyright l?2039 Fluri 1a F-inu-emal 6m.,afrir e. 1— AH n@lus resmed 1-2 De minimis Florida Cnrii7+aurmral Coasulring. 1nu Prolecl No. FEC-18.106 82 of 227 1.3 SITE FACTS Current Owner(s): Ruth Sullivan Current Use. Motel Total # of Existing Buildings: 3 Total Sq. Ft. of Buildings: 2360 Date Oldest Building was Built: 1951 The subject site obtains its potable water from private underground wells. The subject site disposes of its sewage through use of an on -site septic system. The subject building is heated and/or cooled by individual heating and air-conditioning systems. Parcel #: 31390600000005000010.0 Address Provided by Client: 1215 Indian River Drive, Sebastian, FL 32958 Total Acreage of Land: 0.76 Date of Site Reconnaissance: 2/7/2018 Total # of Wells (water, oil, gas, other) identified onsite: None, shared water well offsite, hose bibs only Areas/Units that were inaccessible to the Florida Environmental Consulting, Inc. field assessor: None Were enough (units/officeslbuildings/acres) inspected to ensure that the inspection was homogenous? Yes Did the field assessor notice any unusual odors on or from the subject site or adjoining sites during the site reconnaissance? No 1.4 EXCEPTIONS AND/OR DELETIONS TO ASTM E 1528 There are no exceptions to ASTM E 1528. 1.5 NON -SCOPE ISSUES Asbestos -containing materials were assessed. Cvp iighl 1 2018 Atridrr Enrimumeraid Co-uh ng, bic. All nghis rc,rrrrd 1-3 rlarlda Enrrannrenral CarrsmWng. lea Prnp`cl No, FGC-18.106 83 of 227 SECTION 2.0 INTRODUCTION 2.1 PURPOSE OF A PHASE I The purpose of this Phase I Environmental Transaction Screening is to assess (1) the likelihood of contamination of the subject site as a result of either past or present land -use practices; and (2) the potential for future environmental contamination which may occur as a result of current conditions or operations and maintenance activities at either the subject site or properties adjoining the subject site, thereby identifying real or potential environmental or economic impact to the subject site. In this way, the client may satisfy a requirement to qualify for the innocent landowner defense to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) liability by completing "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial and customary practice." To meet these objectives, Florida Environmental Consulting, Inc. attempted to complete the tasks outlined in this section except as noted in Section 1.4. 2.2 SCOPE OF WORK The Scope of Work that has been followed for this assessment is identified in Section 1.1, Page 1-1. 2.2.1 Site Description Site photographs were taken during the site reconnaissance. The photographs and their surrumry descriptions can be found in Appendix A. Florida Environmental Consulting, Inc. reviewed pertinent, reasonably ascertainable information on the soil types and groundwater conditions in the vicinity of the subject site. For the purposes of this assessment, the depth from the ground surface and the direction (or gradient) of the groundwater flow are of particular significance. Such findings are used by Florida Environmental Consulting, Inc. report writers, in conjunction with additional infornation about environmental conditions on nearby sites, to assess the risk that is faced by the subject site from off -site sources of contamination. It should be noted that Florida Environmental Consulting, Inc.'s geological and hydrological research does not include investigation of seismological concerns that may affect the area of the subject site. Although the existence of faults in an area may be of concern to property owners and residents in that area, it is not considered to be an environmental contamination concern, and so is not usually a component of a Phase I Environmental Transaction Screening. Copyr*hl?:12018 Florida DrWrownearnl Cnnaalnng, Inc. NI rights iVscrved 2-1 Flarlder rnri+nr m-nd Canrrdring, Inc. Project Na. FLC-I8-106 84 of 227 2.2.2 Site Reconnaissance A Florida Environmental Consulting, Inc. field assessor conducted a visual reconnaissance of the subject property to identify observable signs of environmental impairments, including on -site operations and maintenance activities which may lead to possible environmental impairment. As a part of the site reconnaissance, Florida Environmental Consulting, Inc, visually inspected the site for obvious indications of: • Existing and previously existing storage tanks (aboveground and underground) • Hazardous substances storage and handling • Clarifiers, sumps, trenches, and industrial discharge sources • Equipment which may contain polychlorinated biphenyls (PCB) (fluorescent light ballasts are not inspected) • Indications of spillage of hazardous substances, and the general condition of concrete, asphalt, soil, and other surfaces • Indications of stressed vegetation as a result of on -site contamination During the site reconnaissance, Florida Environmental Consulting, Inc. field assessors may make note of basic compliance issues which, may be environmental in nature, however are not issues directly associated with the potential for site contamination (i.e., the specific objective of our assessment). However, as a service to our clients, and because these compliance issues may contribute to our overall understanding of site operations, Florida Environmental Consulting, Inc. may comment on the site's basic compliance status. The review of the site's compliance status is not intended to be complete or comprehensive and may or may not include all items identified during the site reconnaissance. Again, the compliance review is not intended as a comprehensive compliance audit. Rather, the compliance review is only intended to aid Florida Environmental Consulting, Inc. in determining the likelihood that the subject site may have been impacted by releases of hazardous substances. When the storage or use of hazardous substances are encountered on a site, the Florida Environmental Consulting, Inc. field assessor will look for or inquire about the on -site presence of Material Safety Data Sheets (MSDSs). MSDSs are prepared by the manufacturers of hazardous substances (pursuant to OSHA's Hazard Corrununication Standard), and they detail the components, dangers, and proper handling procedures for the hazardous substance for which they have been prepared. The presence or absence of MSDSs for on -site hazardous substances will be noted in 3.5, Hazardous Substances Storage and Handling. However, some sites may use or store hundreds of various chemical compounds. In such cases, it is practically impossible for the field assessor to match -up each substance with its corresponding MSDS. Still, the field assessor will inquire about MSDSs and copies of representative MSDSs that were made available will be included in Appendix G. Copyright i 2019 FfuNda rorlromaentnl Consulting, Lir. All nglils reurved 2-2 Florida Rm imnmental Cwuvlling, Ina Pmjeel No. FCC-18-106 85 of 227 Florida Environmental Consulting, Inc. may have (based on contract) inspected and reviewed information for the subject site regarding the presence of specific hazardous substances which are relatively common sources of environmental concern. The substances in question include: • Common building materials that may contain or are suspected of containing asbestos • Radon (at elevated levels) • Lead -contaminated drinking water Lead -based paints Based on ASTM E1527-05 AND E1527-13, federal, state, and other regulatory agency guidelines, the following presumptions were in force if and when Florida Environmental Consulting, Inc. inspected the subject site for specific hazardous substances: • Strictures built after 1980 are considered asbestos -free. • Structures built after 1979 are considered lead-free (with respect to both water and painted surfaces). • Fluorescent light ballasts will be considered PCB -free and will not be noted in the report regardless of their date of manufacture, unless Florida Environmental Consulting, Inc. is instructed to do otherwise in writing by the client. Florida Environmental Consulting, Inc. also inspected the properties that adjoin the subject site. In general, this inspection included a "drive -by" survey to note the operations which may pose an irmmincnt or potential environmental threat to the subject site. 2.2.3 Review of Historical Information For this assessment, Florida Environmental Consulting, Inc. may have reviewed reasonably ascertainable historical aerial photographs and United States Geologic Survey (U.S.G.S.) topographic maps of the subject site and vicinity. This review consisted of examining the reasonably ascertainable available photographs and topographic maps for evidence of activities on or development of the subject site and adjoining sites that may show an environmental condition or concern which may currently affect the subject site. The specific aerial photographs and U.S.G.S. maps that were reviewed for this assessment are identified and their environmentally relevant features are described in Section 4.1. Florida Environmental Consulting, Inc. may have also reviewed any reasonably ascertainable Historic Maps of the subject site and vicinity. Such maps have been prepared by fire insurance companies in order to determine the potential risk of fire damage to buildings in metropolitan areas. These maps have been produced since the mid-1850s and, for some areas, they are still produced today. For the purposes of a Phase I Environmental Transaction Screening, these maps may contain helpful information on the ages and past uses of buildings, as well as information about on the Cnyrrighi , 201 B Florida Carinnr iol Comidlint;, Inr.:Ul nglns reserved 2-3 Florida Lnriranns oral Carrsuldmg. fir. Pmlecl No. F£C-I8-106 86 of 227 storage of hazardous and flammable substances. However, because it was only worthwhile for fire insurance companies to map metropolitan areas, the scope of coverage of these maps is somewhat Iimited. If Historic Maps have provided coverage of the subject site, and if the specific maps were reasonably ascertainable, then the specific maps that were reviewed for this assessment are identified, and their environmentally relevant features described, in Section 4.2. One of the least known yet most complete and comprehensive historical sources are historical city or street directories. These texts may have been reviewed by Florida Environmental Consulting, Inc. to the extent that they have provided coverage of the subject site and were reasonably ascertainable. Florida Environmental Consulting, Inc. reviews historical city or street directories (also known as criss cross or reverse indexed directories) for information on the past occupants of and activities on the subject site and adjoining sites. These directories were prepared by companies that catered to the needs of salespeople by providing the names of the occupants at a given address (that is, unlike a traditional telephone book, the entries of a reverse directory are arranged by address, not by name). However, like Historical Maps, the scope of coverage of these directories is limited to mostly metropolitan areas. If they were reasonably ascertainable, they were reviewed and Section 4.3 contains listings of historical city or street directories. Florida Environmental Consulting, Inc. has contacted various state, county, and municipal agencies having current or past jurisdiction over the subject site, in an attempt to review reasonably ascertainable records that contain specific information about environmental conditions on the subject site that these agencies may have on file, or to establish that no environmentally relevant records are on file for the subject site. The client should be aware that most regulatory agencies file their records by address or corporate name (as opposed to parcel number or site name). If no specific address has been assigned to a site, then, typically, no environmental records related to the site will be forthcoming from the state, county, or municipal regulatory agencies. The findings of this records search are reported in Section 4.4, Agency Contacts. The addresses, phone numbers, names of the persons contacted within the various agencies are listed on the Regulatory Contacts Sheet, which is included in Appendix B. Copies of any records obtained from regulatory agencies can be found in Appendix C. in some instances, Florida Environmental Consulting, Inc. may not yet have received a reply from one or more of the agencies that were contacted. (Some agencies will take six weeks or longer to reply to a verbal or written request.) in the event of such delays in response, rather than delaying the issuance of the report, Florida Environmental Consulting, Inc. has indicated in the report that a response to the request for records is pending, and a copy of the regulatory request form has been included in Appendix B. Any pertinent information that is subsequently received from the pending agency will be addressed and forwarded to the client in the form of an addendum to this report. Florida Environmental Consulting, Inc. has also reviewed an ERS RecCheck Report, a computer - generated federal, state, and regional one -mile regulatory database search in an effort to detennine whether the subject site is listed on an agency environmental database and to identify possible regulatory -listed sites of concern within a one -mile radius of the subject site. In general, these documents list known or suspected hazardous -waste generators, release sites, landfills, unauthorized disposal sites, sites with registered underground storage tanks, and sites currently under investigation for known or suspected environmental violations or releases. In conjunction with the findings on the geological and hydrological conditions, information obtained from the database search can be used to assess the environmental risk faced by the subject site from past or present off - site sources of contamination. Additionally, the ERS RecCheck Report may provide information Copyright r 20I S Ffuridu �mirvnmrnrul CvnaidNng, Inc. All nzhu resentd 2-4 Ftaridu rF irowww—I Cm- d1h g. 1— Project No. FEC-I8.106 87 of 227 about on -site sources of contamination. The ERS RecCheck Report review can be found in Section 4.5; a copy of the complete ERS RecCheck Report document and a detailed description of the databases that were searched are included in Appendix D. When requested, Florida Environmental Consulting, Inc. will compile and review a chain -of -title abstract for the subject property. The chain -of -title abstract can help the client and Florida Environmental Consulting, Ina to better understand the history of the use of the subject site. The chain -of -title abstract is typically compiled from documents obtained from the County Recorder's Office or Tax Assessor's Office. The chain -of -title abstract review, if completed for this report, can be found in Section 4.6. The County Assessor also may be contacted to determine whether the subject site has been assigned addresses in the past which are different from its current address. It is the client's responsibility to supply Florida Environmental Consulting, Inc. with any records of environmental liens or other such documents. On occasion, the client, the client's representatives, or on -site personnel will make available environmental documents pertaining to the subject site. These documents may be prior Phase i Reports, environmental site remediation reports, foundation soil reports, or occupancy records, among others. If these are made available prior to the issuance of the report, Florida Environmental Consulting, Inc. will review the conclusions of these documents, which may help to confirm or disprove any tentative findings that Florida Environmental Consulting, Inc. has developed independently. If the client has supplied environmental documents for review as part of this assessment, the findings are included in Section 4.7. After the above information from existing historical records, regulatory agencies, interviews, and other additional envirommental documents has been reviewed and evaluated, Florida Environmental Consulting, Inc. presents the site uses for the subject property as well as adjoining site uses in a chronological table. This historic site use summary assists the client, as well as the field assessors and reviewers to have a perspective of the historical uses of the subject site. The Historical Site Use is presented in Section 4.8. 2.2.4 interviews Florida Environmental Consulting, Itrc. attempts to interview various individuals who may have knowledge of various aspects of the subject site. Typically, the interviewees might include: • Current and previous owners • Site and operations managers • Tenants • Local regulatory personnel The interviews are; summarized in Section 5.0 and interview notes are included in Appendix F. L,,1 righE �. 201R Florid,T irrn-m.1 Cnrcruhbrg, h- All rights reserved 2-'5 1J i,, Iin rmnnw.Pad C-suPring, Ina Pmjed No. FCC-1 9-10 88 of 227 2.2.5 Conclusions and Recommendations Section 6.0, Conclusions and Recommendations, provides detailed descriptions of the recognized environmental conditions, the de ininimis conditions, historical recognized environmental conditions, and controlled recognized environmental conditions that, in the professional opinion of Florida Environmental Consulting, Inc., currently affect the subject site. Section 6.0 also recommends or suggests the next -step actions that may be required to begin addressing the conditions. The essential information on a condition at a given location is contained in the 'Description of Condition" and the "Action Suggested" boxes of the table for that location. The section numbers refer to those sections in the report that describe the research tasks and findings behind the conclusions. This reporting method allows the reader to quickly go to those sections that are pertinent to the condition. 2.3 INTERPRETATION OF THE REPORT Following the completion of the tasks outlined above, Florida Environmental Consulting, Inc. prepared this report to present our findings and conclusions clearly and consistently. In an attempt to aid the reader and bring organization to pieces of seemingly unrelated information, Florida Environmental Consulting, Inc. has developed a report format that is both innovative and concise. Each piece of information is described in the context of the research or assessment task under which it was found. Typically, an environmental condition will incorporate a number of specific findings. So, in Section 6.0, Conclusions and Recommendations, the various particular findings are grouped together and collectively presented with the description of the environmental condition that is corroborated by those findings. Cnpyright 201 X Flnrida 6nvironmerrml Cowaffi,x, h- All oghrs reserved 2-6 Florida Emdronmemui Conseddirk, hn: Proiecl No. rEC-18dO6 89 of 227 SECTION 3.0 SITE DESCRIPTION AND RECONNAISSANCE The subject site is surrounded by an area of predominantly commercial and residential properties. On the date of the site reconnaissance, the subject site consisted of 0.76 acres of commercial motel usage. The following subsections describe the physical characteristics of the subject site and are a compilation of the observations made during the visual site inspection. 3.1 SITE PHOTOGRAPHS A Florida Environmental Consulting, Inc. field assessor completed a reconnaissance of the subject site, at which time a number of photographs were taken to document the current condition and use of the site. The photographs can be found in Appendix A. 3.2 GEOLOGIC AND HYDROGEOLOGIC CONDITIONS According to United States Department of Agriculture. Soil Survey Geographic (SSURGO) Database data, the native soil type is Immokalee fine sand Map Unit Type: Consociation Hydric: No Drainage Class: Poorly drained General Information: Sandy, siliceous, hyperthermic, ortstein Alfic Alaquods. Fill material was not used. The elevation of the subject site appears to be 7 feet above mean sea level. Groundwater in the site vicinity is known to occur very close to the surface and flow towards the east and the Indian River Lagoon. However, the specific flow direction is unknown. It should be noted that the flow direction and depth of groundwater may be influenced by rainfall, tidal activity, shore properties, and local groundwater pumping operations_ Stone water discharge across the site appears to sheet flow east to the municipal stonnwater system. The direction and destination of storm water discharge does not appear to be a source of environmental concern to the subject site. 3.3 EXISTING STORAGE TANKS No evidence of any existing aboveground or underground storage tanks was observed on the subject site during the site reconnaissance nor noted in the research conducted for this assessment. Copyright 02n16 Lit. All rights reserved 3-1 r1oridn Crrui+ynnrrcnrrr! Cwirrrlrirrg, Hrc. Project No. FEC-18-106 90 of 227 3.4 PREVIOUSLY EXISTING STORAGE TANKS No evidence of previously existing aboveground or underground storage tanks was observed on the subject site during the site reconnaissance nor noted in the research conducted for this assessment. 3.5 HAZARDOUS SUBSTANCE STORAGE AND HANDLING No storage or handling of hazardous substances was observed in the areas inspected during the site reconnaissance. 3.6 SPECIFIC HAZARDOUS SUBSTANCES RECONNAISSANCE 3.6.1 Summary of Specific Hazardous Substances Reconnaissance (Beyond ASTM Scope) In addition to a general inspection of the subject site for evidence of the presence of hazardous substances or environmental concerns, the field assessor also conducted a reconnaissance for a set of specific hazardous substances that are not addressed in the scope of the ASTM Standard. The results of this specific reconnaissance are given in the following table(s). If a specific suspected hazardous substance was sampled or otherwise tested, this will be indicated in the table and the results of -the laboratory analysis or other tests will be given in Section 3.6.2, m# 1 2 SPECIFIC HAZARDOUS SUBSTANCES (BEYOND ASTM SCOPE) Substance Asbestos Radon C opyrighl 1:, 201 B Florida L•n riraranenlrrl Gursallirrg. b . NI rights reserved Sampled? Yes No 3-2 Description ACM were found EPA Radon Zone. 3 (Predicted avg for county: < 2 pCi/L)For zip code 32958: Number of tests per zip code: 7 Number of tests where radon is > 4 pCi/L: 0 Percentage of test where radon is > 4 pCi/L.: 0% The subject property is located in an area that is considered to have a low occurrence of radon. However, the occurrence of radon is site -specific; only testing can determine the actual radon level at the site. Condition De noinimis N/A Fiarldrr Cerirumrrerrral Cunerrliing, Inc. Propa No. SEC -I S-10G 91 of 227 1139 Substance Sampled? Description Condition 3 Lead Paint No Based on the date of construction, it is NIA possible that there is lead -containing paint on -site, however the buildings are proposed for demolition and this condition would not affect susceptible individuals. 4 Lead Water No Based on the date of construction, there N/A is the potential for the presence of lead in the plumbing fixtures and/or pipes on - site, however the buildings are proposed for demolition and this condition would not affect susceptible individuals. Mote: If the table indicates that a given substance has been sampled, then a related table can be found in Section 3.6.2, which will give the results of the laboratory analysis of the sample or samples 3.6.2 Details of Specific Hazardous Substances Sampling/Observations Please see Appendix 9.0.E for the Asbestos Survey Report. 3.7 POLYCHLORINATED BIPHENYLS (PCBS) The Florida Environmental Consulting, Inc. site reconnaissance does not include checking on -site fluorescent light fixtures for potential PCB content. Although fluorescent light ballasts may contain PCBs, the amount contained is considered to be so inconsequential that the ASTM (Standard Practice, E 1527) has stated: "Fluorescent light ballast likely to contain PCBs does not need to be noted." in a Phase I Environmental Report. No known or suspected PCB -containing equipment or materials were observed on -site during the site reconnaissance. 3.8 CLARIFIERS, SUMPS, TRENCHES, AND INDUSTRIAL DISCHARGE SOURCES No clarifiers, sumps, trenches, industrial floor drains, or industrial discharge points were noted during the site reconnaissance, historical, and/or regulatory research. 3.9 SURFACE CONDITIONS No significant areas of staining or other unusual surface conditions were observed during the site reconnaissance. Copyright i_ 2019 Pbrida Emim-lal C i dring,1. All nghts reserved 3-3 Florida L•rrrinnnuenrnl ConslrNing, Ina Project Na. rEC.18-106 92 of 227 3.10 STRESSED VEGETATION No disfigured, discolored, dying, or otherwise stressed vegetation was observed on -site during the site reconnaissance. 3.11 PRIOR OR CURRENT AGRICULTURAL LAND USE The site reconnaissance, historical, and/or regulatory research conducted for this assessment indicates that the site has not been used for agricultural purposes in the past. 3.12 OTHER ENVIRONMENTAL CONDITIONS No evidence of further environmental conditions and/or impairments was observed during the site reconnaissance, beyond that evidence that has already been noted in this section. 3.13 VISUAL OBSERVATIONS, ADJOINING SITES During the site reconnaissance, the Florida Environmental Consulting, Inc. field assessor also visually inspected and documented the use of those properties which immediately adjoin the subject property. The observations of the adjoining properties were made by the Florida Environmental Consulting, Inc. field assessor on the date of the site reconnaissance. No sources of environmental concern were noted. Cepprighl V 2018 Florida ErnR+vnrnrnirrl Cunsrrliing. Inc. All righlsresmvd 3-4 rbridaFnrirrrrrxrrrrrulCunrrrhing, Inc. Proiccl No. rLC'• 18•105 93 of 227 SECTION 4.0 REVIEW OF HISTORICAL INFORMATION AND REGULATORY AGENCY RECORDS 4.1 HISTORICAL AERIAL PHOTOGRAPH AND U.S.G.S. TOPOGRAPHIC MAP REVIEW Florida Environmental Consulting, Inc. reviewed readily available and reasonably ascertainable aerial photographs and U.S.G.S_ topographic maps of the area of the subject site. (A copy of a U.S.G.S. map, if available, has been included as Figure 1.) These aerial photographs and maps may have been obtained from Florida Environmental Consulting, Inc.'s library and/or another source (all sources identified in Appendix B). Each aerial photograph was reviewed for the subject property and, where applicable, adjacent property use. In addition, each photograph was reviewed to identify the presence of areas of dumping, staining, buildings, and/or aboveground storage tanks. Aerial photographs for the years of 1943 — 2016 and U.S.G.S. topographic maps for the year(s) of 2103 were reviewed and no recognized environmental conditions, de inininds conditions, historical or controlled recognized environmental conditions were identified. 4.2 HISTORICAL MAP REVIEW Florida Environmental Consulting, Inc. did not review historical maps for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.3 HISTORICAL CITY OR STREET DIRECTORY REVIEW Florida Environmental Consulting, Inc. did not review historical city or street directories for one or more of the following reasons: 3. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard, 4. Sufficient historical information was available from other sources to identify the past property uses. Csrp)rieju V 201 N Flnridu Enrirrrn—rdl Open -lying, Inc All rigias re,;rn l 4-I FA,ridu 13rrimmrom& Consulting. Lor. P.jw No FEC-IR-106 94 of 227 4.4 AGENCY CONTACTS (RECORDS SEARCH) 4.4.1 Building Department Records Florida Environmental Consulting, Inc. submitted a request to the local Building agency for the purpose of reviewing reasonably ascertainable, relevant building permits, original plumbing and finish schedules, building plans, or other readily available, relevant documents pertaining to the subject site that are on file with this agency (all sources are identified in Appendix B). The following table presents the results of this review. (Copies of the reviewed documents, when available and/or necessary are included in Appendix C.) SUMMARY OF BUILDING DEPARTMENT RECORDS Description of Permit/Plan Condition Built in 1951 may contain Asbestos De rtlhuntis 4.4.2 Fire Department Records Florida Environmental Consulting, Inc. did not review fire department records for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4,4.3 Health or Environmental Agency Records Florida Environmental Consulting, Inc. submitted a request to the local Health Department and/or Environmental agency for the purpose of reviewing reasonably ascertainable environmental records that may be on file with this agency for the subject site. The following table gives the results of this review. (Copies of the reviewed documents, when available, are included in Appendix C and the source is identified in Appendix B.) SUMMARY OF HEALTH OR ENVIRONMENTAL AGENCY RECORDS Description No records for environmental contamination found 4.4.4 Sanitation Agency Records Condition NIA Florida Environmental Consulting, Ina did not review sanitation records for one or more of the following reasons: Cupyrighl S` 21118 Fl-hk B'arlra...... W Conw hlnh, lnc All rights reserved 4-2 Florida E-Imrvneaual Cnnrrrhlnr;, Inn Pmjw No. FFC-1 8-I06 95 of 227 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. Z Sufficient historical information was available from other sources to identify the past property uses. 4.4.5 Water Quality Agency Records Florida Environmental Consulting, Inc. did not review water quality records for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.4.6 Oil and Gas Agency Records or Maps Florida Environmental Consulting, Inc. did not review oil and gas records for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2, Sufficient historical infoaDation was available from other sources to identify the past property uses. 4.4.7 Pipeline Agency Records or Maps Florida Environmental Consulting, Inc. did not review pipeline for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available. as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.4.8 Other Pertinent Records/File Reviews There are no additional regulatory agencies known to Florida Environmental Consulting, Inc. that are likely to have further relevant environmental information pertaining to the subject site. No agency file reviews were conducted for the subject site or the adjacent sites for this investigation. Cupyribht C 20IN Florida lurrinrr—wal Ca—hing, !xc All rights asrn d 4-3 FTurida En rimnmrnral Cnn+ahinx, lnr. Pmjw Na FEC-I R-106 96 of 227 4.5 REVIEW OF ERS RECCHECK REPORT The Florida Environmental Consulting, Inc. review of the ERS RecCheck Report (the complete ERS RecCheck Report is included in Appendix D) found the subject site is not a regulatory -listed site. In addition, there were no sites found that were (1) located within %q mile of the subject site (that is, close enough, under certain conditions, to possibly constitute an environmental risk to the subject site), or (2) are sites that are further than '/a mile but still pose a concern to the subject site (that is, listed sites which may have experienced a release of hazardous substances of sufficient magnitude to constitute a regional threat or to have impacted the subject site). Listings of unmapped sites were reviewed to identify the subject site or any sites that are obviously adjacent to the subject property. Other unmapped sites are listed only in Appendix D. No environmental concerns were identified. 4.6 CHAIN -OF -TITLE ABSTRACT AND/OR REVIEW At the request of the client, a chain -of -title abstract was not requested or completed for this project. 4.7 ADDITIONAL ENVIRONMENTAL DOCUMENTS In the course of this assessment, Florida Environmental Consulting, Inc. was not provided with any additional environmental documents for review regarding the environmental condition of the subject site by the client or the client's representatives. 4.8 HISTORICAL SITE USE The chronological historical site use summary is based on reviewed aerial photographs, maps, regulatory agency files, interviews, and additional environmental documents. The historical site use summary for the subject site and the adjoin sites is presented in the following table. The rows of this table are organized in chronological order, according to the date range of a specific site use. HISTORICAL SITE USE Date Range I Subject Site -1951 1 Vacant Natural 1951-Present I Motel ['upyrighl r 2019 Flnrfdu F,m•irowntnrul Cxnvolliug, Inc All rights marred 4-4 Adjoining Sites Residential Commercial / Residential Flnridu8nrk—rnrul rinsrrhfng, Grr. Pmjw No FFC-18-106 97 of 227 4.9 IDENTIFICATION OF HISTORICAL DATA GAPS During the course of this assessment, Florida Environmental Consulting, Ine. identified no data gaps within the chain of historic documents regarding the environmental condition of the subject site. 4.10 REVIEW OF TITLE AND/OR JUDICIAL RECORDS FOR ENVIRONMENTAL LIENS OR ACTIVITY AND LAND USE LIMITATIONS (E.G., ENGINEERING AND INSTITUTIONAL CONTROLS) Florida Environmental Consulting, Inc. contacted the County Recorder's Office for the purpose of reviewing readily available and reasonably ascertainable title and/or judicial records iFor environmental liens or activity and land use limitations (e.g., engineering and institutional controls) that this agency may have on file for the subject site. Upon review of the readily available title and/or judicial records that typically pertain to environmental liens and/or land use limitations at this agency, no environmental liens, records of environmental activity and/or environmental land use limitations were identified. Not all records available and/or listed for this site at this agency were reviewed. Only those documents that typically contain those types of records (environmental liens and/or environmental land use limitations) were reviewed. ('upyright v 2018 Florida Envlrcurmmrr:7 Comidling. Inc. All rights N-s vd 4-5 FGrrida E—irum wal C—ioh;ag. [it. pn)*t No FEC-19-106 98 of 227 SECTION 5.0 INTERVIEWS 5.1 INTERVIEWS WITH OWNER, PROPERTY MANAGER, USER, AND OTHERS As part of the Phase I, Florida Environmental Consulting, Inc. attempts to interview various individuals who may have knowledge of different aspects of the subject site as it pertains to environmental conditions. The comments of the interviewees are noted by the Florida Environmental Consulting, Inc. interviewer on Interview Note Forms, which are included in Appendix F. The following table summarizes the relevant portions of these notes. ID # 2 5.2 SUMMARY OF INTERVIEWS Date of Name of Interviewee Title Relevant Discussions Interview 2/71201 8 Ruth Sullivan Owner The owner is not aware of any activity or land use limitations, engineering or institutional controls, environmental liens, or other restrictions that have been placed on the property relating to hazardous materials or petroleum products. He does not have any specialized knowledge of the subject property and surrounding areas material to recognized environmental conditions in connection with the subject property. 2/7/2018 Various City City employees did not have any records relating to environmental contamination PURCHASE PRICE VERSUS FAIR MARKET VALUE INTERVIEW Condition NIA NIA Florida Environmental Consulting, Inc uses data supplied by the client to determine if a difference between the purchase price of the property and the fair market value of the property is due to the effect of any releases or threatened releases of hazardous substances or petroleum products. In this case the purchase price and/or fair market value are not being disclosed as part of this investigation. However, no current or past hazardous substance or petroleum product use was documented in this investigation. Therefore, any difference cannot be due to the effect of any releases or threatened releases of hazardous substances on the purchase price of the property. C'uprrig}ra�"018 Flnridu F.'nviruurnrrrlul C'-wfthAg brc All righlsr-en cc] 5-1 Flaridu lin vimrnnrnmlC--ring, Inr-Project Na FFC-IN-IOh 99 of 227 SECTION 6.0 CONCLUSIONS AND RECOMMENDATIONS 6.1 RECOGNIZED ENVIRONMENTAL CONDITIONS This section contains full descriptions of any recognized environmental conditions (REC) that have been identified as a result of the Florida Environmental Consulting, Inc. Phase I Environmental Transaction Screening for the subject site. Florida Environmental Consulting, Inc. classifies a condition as a REC (as opposed to a de minimis condition) when it is one that involves a condition for which, in the opinion of Florida Environmental Consulting, Inc., further investigation and/or remediation is recommended. In addition to the descriptions of condition, this section also contains a statement of the recommended next -step actions for any conditions that are described in the following tables. Each identified condition receives its own table, and that table will collect together the particular findings from the body of the report that have been used to support Florida Environmental Consulting, Inc.'s conclusion as to the presence of a recognized environmental condition. For the benefit of the reader, the tables also contain the section numbers of the findings cited in support of the condition. CONDITION # NIA I IDENTIFIED CONDITION APPEARS TO BE A RECOGNIZED ENVIRONMENTAL CONDITION LOCATION:NIA SECTION # COMMENTS NIA No recognized environmental conditions appear to currently affect the Subject site. 1 DESCRIPTION OF CONDITION: NIA ACTION SUGGESTED: NIA TOTAL ESTIMATED COST TO COMPLETE SUGGESTED NEXT STEP ACTIONt NIA 6.2 DE MINIMIS CONDITION, HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS, AND CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS This section contains descriptions of de minimis conditions, historical RECs, or controlled RECs that have been identified in the Florida Environmental Consulting, Inc. Phase 1 Environmental Transaction Screening for the subject site. Florida Environmental Consulting, Inc. classifies an issue as a de minin s condition (as opposed to a REC) when (1) it involves issues that appear to pose no immediate or imminent threat to the subject site, but which over time (with the occurrence of groundwater movement, demolition, disturbance, etc.) may come to pose an actual or present REC for the subject site and/or when (2) it involves areas that currently appear to have a negligible impact on the (%,pyright , 2019 FI—jay 8rmirvrnurenrul Crnradrlxg. for. All rights m�vrvcJ 6-1 R—id. E,, ih urueurnl On vulring, fur. Pruj-i N.. FEC-1&Illh 100 of 227 subject property and which do not, therefore, require additional investigation at this time, but of which Florida Environmental Consulting, Inc feels the client should be made aware. Florida Environmental Consulting, Ina classifies a historical recognized environmental condition (HREQ as a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls. An HREC is limited to include only past releases that have been addressed to unrestricted residential use. Florida Environmental Consulting, Inc. classifies a controlled recognized environmental condition (CREQ as a recognized enviromnental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable agency, with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls. Each identified condition receives its own table, and that table will collect together the particular findings from the body of the report that have been used to support Florida Environmental Consulting, Inc.'s conclusion as to the presence of that condition. For the benefit of the reader, the table also contains the section numbers of the findings cited in support of the condition. CONDITION # 1 LOCATION: Buildings IDENTIFIED CONDITION APPEARS TO BE A DE MINIMIS ENVIRONMENTAL CONDITION DESCRIPTION OF CONDITION: Asbestos ACTION SUGGESTED: Disposal of applicable material by a qualified ACM remediator TOTAL ESTIMATED COST TO COMPLETE THE SUGGESTED NEXT STEP ACTION-r $8,000-$10,000 Cc)pyribhr r 209 Flnddu Fro•imnmeninf Cnculring, Inc All rights re�ed 6-2 FG,64 F.m=im —rd C n W.g. In: Pmj N � I I' L8-106 101 of 227 SECTION 7.0 LIMITATIONS To achieve the study objectives stated in this report, we were required to base Florida Environmental Consulting, Inc.'s conclusions and recommendations on the best infonnation available during the period the investigation was conducted and within the limits prescribed by Florida Environmental Consulting, Inc-'s client in the contract/authorization agreement and standard terms and conditions. Florida Environmental Consulting, Inc.'s professional services were perfonmed using that degree of care and skill ordinarily exercised by environmental consultants practicing in this or similar fields. The findings were mainly based upon examination of historic records, maps, aerial photographs, and governmental agencies lists. The hazardous waste site lists represented in this report represent only a search of the specific government records as listed above. It should be noted that governmental agencies often do not list all sites with environmental contamnation; the lists could be inaccurate and/or incomplete, Recommendations are based on the historic land use of the subject property, as well as features noted during the site walk and examined records. The absence of potential gross contamination sources, historic or present, does riot necessarily imply that the subject property is free of any contamination. This report only represents a "due diligence" effort as to the integrity of the subject property. No warranty or guarantee, expressed or implied, is made as to the professional conclusions or recommendations contained in this report. The limitations contained within this report supersede all other contracts or scopes of work, implied or otherwise, except those stated or acknowledged herewith. This report is not a legal opinion. it does not necessarily comply with requirements defined in any environmental law such as the "innocent landowner defense" or "due diligence inquiry," Only legal counsel retained by the client is competent to determine the legal implications of any information, conclusions, or recommendations in this report. The compliance status, discussed in Section 3.0, is not intended for use as a guide to compliance for the present owner. Its intended use is to identify environmental impainnents to the subject property and is not to be used as a guide to the legal compliance to any regulations of any kind. The findings, conclusions, recommendations, and professional opinions contained in this report have been prepared by the staff of Florida Environmental Consulting, Inc. , in accordance with generally accepted professional practices. All cost estimates in Section 6.0, are purely estimates only, and may not represent the actual costs. Without further investigative assessment, exact, actual costs cannot be fixed. The costs associated with Florida Environmental Consulting, Inca's recommendations are for budgetary purposes only. This report does not address, in any way, septic systems, leach fields, septic tanks, or related health hazards. All asbestos, lead, or any other sampling is sampled in a good faith effort by Florida Environmental Consulting, Inc. assessors, Sample results should not be construed as conclusive and binding in any way, All sampling conducted is only for the purposes of general screening and does not imply that all materials, locations, or hazardous materials have been identified nor was the sampling intended to identify every instance of the materials sampled. No interpretation of the sample results is made or implied. Florida Environmental Consulting, Inc. g3Lly relays the information supplied by the laboratory conducting the analysis. THIS REPORT WAS PREPARED FOR THE SOLE USE AND BENEFIT OF OUR CLIENT, AND IS BASED, IN PART, UPON DOCUMENTS, WRITINGS, AND INFORMATION OWNED AND POSSESSED BY OUR CLIENT. NEITHER THIS REPORT, NOR ANY OF THE INFORMATION CONTAINED HEREIN, SHALL BE USED OR RELIED UPON FOR ANY PURPOSE BY ANY PERSON OR ENTITY OTHER THAN OUR CLIENT, ALL STANDARD TERMS, CONDITIONS, AND LIMITATIONS BY Florida Etrvirontnental Consulting, hrc. APPLY AT ALL TIMES FOR THIS REPORT AND ALL REPORTS ISSUED BY Florida Etwirotrntental Consulting, Inn. Cupyrighl v 201R Florida Earfnlrrtm-fa7f iulrulriny, hm All liglltM -naval 7-1 Fl.rlda liorfnlnmemal 0—alling, hir. projrl Nn. FEC-19-I1-1. 102 of 227 SECTION 8.0 FIGURES Cup3,*IU V 2018 Florida F.rnvrorunrnrul Omwlring. ina Nl righl. mx m'cd 8-1 Florid. F=nwrvmmraval flo-uhing, M . Pnjn I ti, I W-I k I un 103 of 227 SECTION 9.0 APPENDICES Copgighl , 2019 Fbrida lwminnimenfat Crrnaahlsg, lim All nglits mined Ffurirfa &nrirunnernla! Cmrcuking, Lrc Pmjecl No. l+[ , 106 106 of 227 APPENDIX B SUMMARY OF AGENCY CONTACTS Frank Wantanabe 2 1 Charles Voght 3 1 Indian River County 4 1 Cathy Testa 5 Florida Department of Environmental Protection fi I Dori Bosworth Copyright r 2018 Florida £urirnummruf Cox.adring. Ina All rights m c—] City of Sebastian, Engineering Department of Environmental Health Property Appraiser City of Sebastian, Records Clerk ERA City Of Sebastian Planning Florida Emiramnenrul C—suldnX, Ixa Project No. F'EC-M106 107 of 227 Attachment 3. Commercial Waterfront Residential Zoning District: I Sec. 54-2-5.5. - Commercial Waterfront Residential District (CWR) (a) Intent. The purpose and intent of the CWR District is to provide a management framework for implementing comprehensive plan objectives and policies for the Riverfront Mixed Use designation illustrated on the future land use reap. All development in the Commercial Waterfront Residential District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. The CWR District is intended to preserve the existing character of the Riverfront area. The existing assets, including historical structures shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. (b) Permitted uses: Single-family dwellings Duplex dwellings Multiple -family dwellings up to 8 units per acre Timeshare facilities Cultural or civic facilities Clubs and lodges, public and private Commercial retail s 5,000 sq. ft. Foster care/group homes with s 6 residents Boat sales or rental Bait and tackle shops Fish markets/packing facilities Yacht clubs Restaurants excluding drive -through facilities Bars and lounges Trade and skilled services, marine -related only Marfnas Marina fuel sales Marine power sales and service 108 of 227 Home occupations Accessory uses to permitted uses (c) Conditional uses: Model homes Educational institutions, marine related Commerciai retail > 5,000 sq. ft. Business & professional offices, excluding drive -through facilities Utilities, public and private Foster care/group homes with > 6 residents Parks and recreation, public Hotels and motels Parking lots without a building on the lot Protective and emergency services, public Bed and breakfast Wet or dry storage of boats Accessory uses to conditional uses (d) Size and dimension criteria. (1) Maximum density: 8 units per acre. (2) Maximum FAR: 50%. (3) Maximum height: West of Indian River Drive: 35 feet. East of Indian River Drive: 25 feet. (4) Lot coverage: Maximum building coverage: 30%. Maximum impervious surface: 80%. Minimum open space: Nonresidential: 25%. 109 of 227 Residential: 50%. (5) Lot dimensions: Minimum lot size: 10,000 square feet. Minimum lot width: 80 feet. Minimum lot depth: 125 feet. (6) Minimum setbacks: Front yard: Nonresidential, with sidewalk, curb and gutter: None required. Nonresidential, without sidewalk, curb and gutter: 10 feet. Residential: 25 feet Side yard: Nonresidential: 5 feet, except 10 feet when abutting a residential district or use. Residential: 15 feet plus one foot per each additional 2 feet in height above 25 feet. Rear yard: Nonresidential: 10 feet, except 30 feet when abutting a residentiai district or use. Residential: 20 feet. Minimum distance between residential structures on the same lot: 20 feet. (7) Minimum living area: Single-family dwellings: The minimum floor area required, exclusive of porches, terraces, attached garages, carport or unroofed areas, shall be 1,200 square feet. Duplex: 750 square feet per unit. Multiple family dwellings: Required Minimum Living Area in Multiple Family Dwellings Type Dwelling/# Bedrooms Required # of Square Feet Efficiencies 600 One bedroom units 700 110 of 227 Required Minimum Living Area in Multiple Family Dwellings Type Dwelling/# Bedrooms Required # of Square Feet Two bedroom units 850 Three bedroom units 1,000 Each additional bedroom after three bedrooms 100 sq. fl, per additional bedroom (8) Required accessory structures: Every single-family and duplex dwelling unit shall be required to provide a garage or carport. If a carport or similar unenclosed structure is provided then each unit within the principal structure shall contain a fully enclosed utility storage area of at least 60 square feet which shall be designed as an integral part of the principal structure. If a fully enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension of ten feet by 20 feet. (e) Regulation of sales promotional activity: Sales activities for commercial resort residential units shall comply with all of the following criteria: (1) The original sale of the vacation time sharing plans may be conducted on premises in a sales office and in up to a maximum of two model units; (2) The on -site sales activity shall be limited to original developer sales; (3) The sales activity shall be conducted inside the sales office and model units so as not to be noticeable from the outside, except for permitted graphics; (4) On -site sales activities shall be terminated upon completion of original sales; and (5) A minimum of one parking space for each two proposed units shall be provided on site for the sales staff and potential purchasers` use during the (marketing) sales promotional and construction phases. (f) Conversions to time-share units: No development involving the conversion of an existing dwelling unit to a time-share unit may take place unless the applicant attaches to his application for zoning or site plan approval either: (1) A copy of any information required by the state, including as may be appropriate, a condominium declaration, sales prospectus, and/or other documents required by the state in regulating the use. Such material shall include a statement in prominent type declaring that time- share units will or may be created with respect to units proposed; and/or (2) An amendment to a prior existing condominium declaration that permits time-share estates to be created, which amendment has been executed by each record owner of each unit of the condominium and each record owner of each lien on each unit of the condominium. (g)Other required information. Applicants for a time-share use shall file with the city all public documents required by the state in regulating such use. The purpose of this requirement is to provide assurance that the applicant has been found in compliance with all requisite state regulations governing the use, including method of sales, operations, and other issues of public health, safety and welfare. 111 of 227 (Ord. No. 0-12-10, § 3, 10-10-2012 112 of 227 2/17/2021 Sealed Solicitation I Vendor Registry ESRINQ l endorRelgistry powered by mdf ctm"rce City of Sebring Sealed Solicitation 7. Title: Development of the Sebring CRA Property 301 Circle Park Drive Deadline: 3/12/2021 3:00 PM (UTC-05:00) Eastern Time (US & Canada) Status: Open Solicitation Number: 21-008 Description: The CRA is seeking proposals from qualified and experienced real estate developers interested in undertaking the development of the site located at 301 Circle Park Drive within the Sebring CRA District. The purpose of this solicitation is to continue implementation of the Community Redevelopment Plan by providing for the conveyance of the property owned by the CRA to the developer selected for redevelopment to remove conditions of slum and blight, increase the tax base, enhance the quality of life, improve the aesthetics and useful enjoyment of the redevelopment area, and promote the health, safety, morals and welfare of the residents of the CRA and the City. Due to the importance of this particular downtown development site, it is the intention of the CRA to consider certain development "incentives" to assist in making the project feasible which might include, but not be limited to, conveyance of the property at no cost, the payment of certain impact fees, housing incentives, tax increment rebates, etc. If the developer wishes to request incentives, they must outline their request as part of the proposal. This subject property is located at 301 Circle Park Drive and is a (1) story building totaling more than 3,300 square feet. The property has a prime location in the Historic District of Downtown Sebring, and is currently zoned C1 Commercial. The property has large display windows that wrap around the front of the building that would be well suited for retail or a restaurant. The property is situated on a corner parcel with high visibility from both pedestrian and vehicular traffic. The property also comes with 1.0 121 of 227 https:llvrapp.vendorfegistry.comlBidsNiewlBidl50(06Gf4- ifda-4734-ab9c-98dc2dad598e 1/2 2/17/2021 Sealed Solicitation I Vendor Registry dedicated parking spaces in the rear of the building. The building was constructed in 1950 and is cement block with metal trusses. The roof over the back storage area was replaced by the previous owner in December 2019, and the main building's roof was replaced in June 2020. A key objective as part of the CRA's redevelopment strategy for Downtown Sebring is the creation of eateries in and around the downtown area to create a recreational and entertainment environment. Only businesses that are located outside of the CRA district and looking to relocate or establish an additional location downtown will be considered. Scoring preference will be given to proposals including multi -family housing and businesses that are food and entertainment centered such as lunch/dinner eateries, bakery, coffee shop, sports bar, pub, brewery or tap room etc. The purpose of the property's redevelopment is to promote revitalization and to serve as a catalyst for the continued progression of the downtown. The CRA's preference is for a future use to include restaurants, retail, and/or entertainment with the goal of creating a destination for the community and surrounding areas to live, work, shop, and play in an effort to increase foot traffic in the area. The proposed structure's fagade design will be reviewed for approval by the CRA board, and the City's Historic Preservation Commission. ****SITE VISIT REQUIRED**** Pre -Bid Meeting Details: ****SITE VISIT REQUIRED**** Documents: • 21-008 Development of the CRA Property 301 Circle Park Drive.pdf • CRA Redevelopment Master Plan - 2004.pdf 122 of 227 https:llvrapp.vendorregistry.com/BidslViewlBidl50fO60fe-ffda-4734-abec-98dc2dad598e 212 2/17/2021 Sealed Solicitation I Vendor Registry EBRING C-9 On -T-4e CIRCLe City of Sebring Sealed Solicitation PndorRegistry powered by mdf commerce Title: City of Sebring CPA - Development of the North Ridgwood Drive Site and Former Nancesowee Hotel Deadline: 3/12/2021 3:00 PM (UTC-05:00) Eastern Time (US & Canada) Status: Open Solicitation Number: 21-006 Description: The CRA is seeking proposals from qualified and experienced real estate developers interested in undertaking the development of the site located at 139 North Ridgewood Drive within the Sebring CRA District. The purpose of this solicitation is to continue implementation of the Community Redevelopment Plan by providing for the conveyance of the property owned by the CRA to the Developer selected for redevelopment to remove conditions of slum and blight, increase the tax base, enhance the quality of life, improve the aesthetics and useful enjoyment of the redevelopment area, and promote the health, safety, morals and welfare of the residents of the CRA and the City. Due to the importance of this particular downtown development site, it is the intention of the CRA to consider certain development "incentives" to assist in making the project feasible which might include, but not be limited to, conveyance of the property at no cost, the payment of certain impact fees, housing incentives, tax increment rebates, etc. If the developer wishes to request incentives, they must outline their request as part of the proposal. The now vacant parcel was home to the Nan-Cess-O-Wee Hotel, a 60-room historic hotel built in 1923 by Sebring's founder, George E. Sebring. The hotel was one of the original buildings in the historical downtown area, but had been closed since 2004. Over the years, the building fell into disrepair and was eventually condemned. The building was recently acquired by the CRA and out of necessity, was demolished. The property is zoned C-1 commercial, and an existing planned development agreement is applicable to the property from the previous owner. The CRA would support a reasonable change in the zoning if requested as part of the proposal to maximize the development opportunity. The proposed structure's facade design will be reviewed for approval by the CRA board, and the City's Historic Preservation Commission. A key objective as part of the CRA's redevelopment strategy for Downtown Sebring is the creation of a residential concentration in and around the downtown area to create the support for a day -into -evening retail, office, recreational and entertainment1i?foent. https:llvrapp.vendorregistry.com/BidsNiewlBid/b6a2ee97-ce55-47ca-b5Of-06989598282b 1/2 2/17/2021 Sealed Solicitation I Vendor Registry There is a desire to provide market rate and workforce rental units to meet the county's unmet housing demand. The CRA envisions this parcel as a major opportunity to facilitate this strategy. Additional goals include revitalization within the broader downtown area, promotion of pedestrian traffic use throughout the day and evening, as well as enhanced linkages to compatible development with current and planned commercial, retail, and recreational centers within the downtown area. Highlands county recently conducted a housing study to analyze the housing market and provide recommendations for addressing the need for more market -rate rental options. The study demonstrated that multi -family inventory has been stagnant the past five years with no new units or developments delivered in the county in recent years. The results of the study indicated a pent up demand for multi -family housing and the need for over 600 multi -family units. The full study will be provided as an addendum for reference. Documents: • 21-006 Development of the North Ridgewood Drive Site and Former Nancesowee Hotel.pdf • Final= _Housing_Study_5.23.2019.pdf • CRA Redevelopment Master Plan - 2004.pdf 124 of 227 https:llvrapp.vendorregistry.comlBidsNiewlBidlb6a2ee97-ce55-t7ca-b50f-06989598282b 212 an Of HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: February 24, 2021 Aqenda Item Title: Review of Local State of Emergency Declaration Recommendation: Information Only Background: At the February 10, 2021 City Council meeting it was requested by Council to review the Local State of Emergency Declaration and determine if the declaration was still consistent with the Governor's Executive Orders. On March 9, 2020 Governor DeSantis signed Executive Order 20-52 Covid-19 Public Health Emergency. That order was subsequently extended by Executive Orders 20-114, 20-166, 20- 192, 20-213, 20-276 and 20-316. E.O. 20-316 was signed on December 29, 2020 and extended E.O. 20-52 through February 29, 2021. The E.O. states "the impact of COVID-19 poses a continuing threat to the health, safety and welfare of the State of Florida." Thus, it can be anticipated that as long as the pandemic exist, the Governor will continue to extend E.O. 20-52 every 60 days. Executive Order 20-52 order contained the following language under section 4 (D): D. In accordance with section 252.38, Florida Statutes, each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: 1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community, 2) Entering into contracts; however, political subdivisions are cautioned against entering into time and materials contracts without ceiling as defined by 2 CFR 200.318&) or cost plus percentage contracts as defined by 2 CFR 200.323(d); 3) Incurring obligations; 4) Employment of permanent and temporary workers; 5) Utilization of volunteer workers; 6) Rental of equipment, 7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and, 8) Appropriation and expenditure of public funds. The extensions of Executive Order 20-52 did not modify the executive order 20-52. The City does not have provisions in place related to Executive Orders 20-91 and 20-92, essential workers; Executive Orders 20-244 and 20-297, right to work policies; restricting the collection of fines and the opening of businesses; and any declaration by local entities that were in conflict. On March 17, 2020 the Mayor under the authority of City Code 2-37 and section 2.06 of the City Charter signed the Local State of Emergency for the City of Sebastian. At the May 14, 2020 Special meeting of the City Council, the Council voted to amend the Local State of Emergency removing Item (G) which granted the City Manager the power to cancel or reschedule City meetings. Based on the Governor's executive orders and extensions, the current Declaration of Local State of Emergency as amended is consistent with Executive Order 20-52 as extended. Attachments: 1. Governor DeSantis executive orders 20-52, 20-91, 20-92, 20-114, 20-166, 20-192, 20-2_13, 20- 244,20-276, 20-297, and 20-316 2. City of Sebastian Declaration of Local State of Emergency as amended. 125 of 227 Administrative Services Department eview:� City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization Date: �//,3�/� U 126 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-52 (Emergency Management - COVID-19 Public Health Emergency) WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and and WHEREAS, in late 2019, a new and significant outbreak of COVID-19 emerged in China; WHEREAS, the World Health Organization previously declared COVID-19 a Public Health Emergency of International Concern; and WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit or restrict non -essential travel to or from those countries; and WHEREAS, on March 1, 2020, 1 issued Executive Order number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 7, 2020, I directed the Director of the Division of Emergency Management to activate the State Emergency Operations Center to Level 2 to provide coordination and response to the COVID-19 emergency; and WHEREAS, as of March 9, 2020, eight counties in Florida have positive cases for COVID-19, and COVID-19 poses a risk to the entire state of Florida; and 127 of 227 WHEREAS, the CDC currently recommends community preparedness and everyday prevention measures be taken by all individuals and families in the United States, including voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often with soap and water for at least 20 seconds, using of alcohol -based hand sanitizers with 60%-95% alcohol if soap and water are not readily available and routinely cleaning frequently touched surfaces and objects to increase community resilience and readiness for responding to an outbreak; and WHEREAS, the CDC currently recommends mitigation measures for communities experiencing an outbreak including staying at home when sick, keeping away from others who are sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare provider if individuals or members of a household are at high risk for COVID-19 complications, wearing a facemask if advised to do so by a healthcare provider or by a public health official, staying home when a household member is sick with respiratory disease symptoms if instructed to do so by public health officials or a health care provider; and WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state and its people by this emergency. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. Because of the foregoing conditions, 1 declare a state of emergency exists in the State of Florida. FA 128 of 227 Section 2. 1 designate the Director of the Division of Emergency Management ("Director") as the State Coordinating Officer for the duration of this emergency and direct him to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Additionally, I designate the State Health Officer and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander. Pursuant to section 252.36(l)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State Coordinating Officer shall also have the authority to: A. Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency. B. Designate additional Deputy State Coordinating Officers, as necessary. C. Suspend the effect of any statute, rule, or order that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency. D. Enter orders as maybe needed to implement any of the foregoing powers; however, the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such orders issued by the State Coordinating Officer; however, no such order shall remain in effect beyond the expiration of this Executive Order, to include any extension. Section 3. 1 order the Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency. 3 129 of 227 Section 4. I find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to suspend the application of the statutes, rules, ordinances, and orders they administer. Therefore, I issue the following authorizations: A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide: budget authority for state agencies to cope with this emergency. The requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the Executive Office of the Governor; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extension. B. Each State agency may suspend the provisions of any regulatory statute prescribing, the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency. This includes, but is not limited to, the authority to suspend any and all statutes, rules, ordinances, or orders which affect leasing, printing, purchasing, travel, and the condition of employment and the compensation of employees. For the purposes of this Executive Order, "necessary action in coping with the emergency" means any emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); or (2) ordered by the State Coordinating Officer. The requirements of sections 252.46 and 120.54, Florida Statutes, shall not apply to any such suspension issued by a State agency; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extensions. 4 130 of 227 C. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense up to a 30-day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. D. In accordance with section 252.38, Florida Statutes, each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: l) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; 2) Entering into contracts; however, political subdivisions are cautioned against entering into time and materials contracts without ceiling as defined by 2 CFR 200.3180) or cost plus percentage contracts as defined by 2 CFR 200.323(d); 3) Incurring obligations; 4) Employment of permanent and temporary workers; 5) Utilization of volunteer workers; 6) Rental of equipment; 7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and, 8) Appropriation and expenditure of public funds. E. All State agencies responsible for the use of State buildings and facilities may close such buildings and facilities in those portions of the State affected by this emergency, to the extent necessary to meet this emergency. I direct each State agency to report the closure of any State 5 131 of 227 building or facility to the Secretary of the Department of Management Services. Under the authority contained in section 252.36, Florida Statutes, I direct each County to report the closure of any building or facility operated or maintained by the County or any political subdivision therein to the Secretary of the Department of Management Services. Furthermore, 1 direct the Secretary of the Department of Management Services to: 1) Maintain an accurate and up-to-date list of all such closures; and, 2) Provide that list daily to the State Coordinating Officer. Section 5. 1 find that the demands placed upon the funds appropriated to the agencies of the State of Florida and to local agencies are unreasonably great and the funds currently available may be inadequate to pay the costs of coping with this emergency. In accordance with section 252.37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by transferring and expending moneys appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget Stabilization Fund. Section 6. All State agencies entering emergency final orders or other final actions in response to this emergency shall advise the State Coordinating Officer contemporaneously or as soon as practicable. Section 7. Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health. ►, 132 of 227 Section 8. All activities taken by the Director of the Division of Emergency Management and the State Health Officer and Surgeon General with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from this date unless extended. ATTES' E RETARY OF STAT I IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 9th day of i 1 c.n N 133 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-91 (Essential Services and Activities During COVID-19 Emergency) WHEREAS, on March 1, 2020,1 issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19: and WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC') issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and WHEREAS, on March 29, 2020, thePresident extended such guidance to be in effect until April 30, 2020; and WHEREAS, on March 31.2020, the President updated the guidance, renaming it "30 Days to Slow the Spread", and along with the White House Coronavirus Task Force urged Americans to continue to adhere to the guidelines and expand community mitigation efforts; and 134 of 227 WHEREAS, the majority of individuals in Florida that have tested positive for COV1D-19 have been concentrated in its southeastern counties and other urban cores; and WHEREAS, positive cases of COVID-19 have continued to rise in other states in close proximity to Florida, resulting in increased risk to counties in northern Florida; and WHEREAS, many thousands of people fled the New York City region to Florida following New York State issuing a "shelter -in -place" order, thereby jeopardizing the health and safety of Floridians; and WHEREAS, on March 23, 2020, I issued Executive Order 20-80, requiring all individuals that fly into 1=lorida from states with substantial community spread to self -isolate in Florida for 14 days or the duration of their trip, whichever is shorter; and WHEREAS, on March 27, 2020, I issued Executive Order 20-86, requiring all individuals that drive into Florida from states with substantial community spread to self - isolate in Florida for 14 days or the duration of their trip, whichever is shorter; and WHEREAS, persistent interstate travel continues to pose a risk to the entire state of Florida; and WHEREAS, on March 24, 2020, I issued Executive Order 20-83, directing the State Surgeon General and State Health Officer to issue a public health advisory urging the public to avoid all social or recreational gatherings of 10 or more people and urging those who can work remotely to do so; and WHEREAS, it is necessary and appropriate to take action to ensure that the spread of COVID-19 is slowed, and that residents and visitors in Florida remain safe and secure. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitutiop Chapter is 135 of 227 252, Florida Statutes, and all otherapplicable laws, promulgate the following Executive Order totake immediate effect: Section 1. Safer At Home A. Senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease, moderate -to -severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease) shall stay at home and take all measures to limit the risk of exposure to COVID-19. B. In concert with the efforts of President Trump and the White House Coronavirus Task Force to fight COVID-19, and based on guidance provided by Florida Surgeon General and State Health Officer, Dr. Scott Rivkces, all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities. Section 2. Essential Services A. For purposes of this Order and the conduct it limits, "essential services" means and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, v. 2 (March 28, 2020) (attached) and any subsequent lists published. B. Essential services also include those businesses and activities designated by Executive Order 20-89 and its attachment which consists of a list propounded by Miami -Dade County in multiple orders. C. Other essential services may be added under this Order with the approval of the State Coordinating Officer, in close coordination with the State Health Officer. The State Coordinating Officer shall maintain an online list of essential services, as specified in this Order along with any approved additions. The online list shall be available on the Division of 3 136 of 227 Emergency Management's website at www.floridadisaster.orL and the Florida Department of Health's website at www.floridahealth.pov. D. Nothing in this order prohibits individuals from working from home; indeed, this Order encourages individuals to work from home. E. All businesses or organizations are encouraged to provide delivery, carry -out or curbside service outside of the business or organization, of orders placed online or via telephone, to the greatest extent practicable. Section 3. Essential Activities A. For purposes of this Order and the conduct it limits, "essential activities" means and encompasses the following: i. Attending religious services conducted in churches, synagogues and houses of worship; and ii. Participating in recreational activities (consistent with social distancing guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming; and iii. Taking care of pets; and iv. Caring for or otherwise assisting a loved one or friend. B. Other essential activities may be added to this list with the approval of the State Coordinating Officer, in close coordination with the State Health Officer. The State Coordinating Officer shall maintain an online list of essential activities, as specified in this Order along with any approved additions. C. A social gathering in a public space is not an essential activity. Local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public space. 4 137 of 227 Section 4. Local Orders in Response to (:OVID-19 This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19 but only to the extent that such action or order allows essential sen ices or essential activities prohibited by this Executive Order. Section 5. PreyiOLIS Executive Orders This Executive Order does not supersede any Executive Order related to COVID-19. Section 6. Il ective Date and Expiration Date This Order is effective 12:01 am on April 3, 2020. This Order shall expire on April 30. 2020 unless extended by subsequent order. Executive; Order 20-68 (bars. restaurants) and Executive Order 20-71 (alcohol sales, restaurants) shall remain in effect through the duration of Executive Order 20-52, including any extensions. IN TESTIMONY WI IERL:OF. I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed. at Tallahassee. this 1 st day of April. 2020 ATTEST: n 5E ETARY OF STATE ui 5 138 of 227 C.S. Department of Homeland Securit. Cybcrsecunty & lnliastructurc Sccurity Agcncy fJfi•e of the Director Washington. DC 20528 �MM IVt ,�---'t CISA LYBfR.NIFRASTRUCTURf March 28, 2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE FROM: Christopher C. Krebs Director Cybersecurity and Infrastructure Security Agency (CISA) As the Nation comes together to slow the spread of COVID-19, on March 16th the President issued updated Coronavirus Guidance for America that highlighted the importance of the critical infrastructure workforce. The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security's authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an "Essential Critical Infrastructure Workforce" advisory list. This list is intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based on the specific COVID-I9-related concerns of particular jurisdictions. This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion. The advisorylist identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, 139 of 227 and public works. State, local, tribal, and territorial governments are responsible for implementing and executing response activities, including decisions about access and reentry, in their communities, while the Federal Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. Similarly, while adhering to relevant public health guidance, critical infi-astructure owners and operators are expected to use their own judgement on issues of the prioritization of business processes and workforce allocation to best ensure continuity of the essential goods and services they support. All decisions should appropriately balance public safety, the health and safety of the workforce, and the continued delivery of essential critical infrastructure services and functions. While this advisory list is meant to help public officials and employers identify essential work functions, it allows for the reality that some workers engaged in activity determined to be essential may be unable to perform those functions because of health -related concerns. C1SA will continue to work with our partners in the critical infrastructure community to update this advisory list if necessary as the Nation's response to COVID-19 evolves. Should you have questions about this list, please contact CISA at CISA.CAT(a)cisa.dhs.uov. Attachment: "Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0" 140 of 227 '1W 'Rok list Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience In COVID-19 Response Version 2.0 (March 28, 2020) THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations. This advisory guidance and accompanying list are intended to support state, local, tribal, territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on dairy and that need to be able to operate resiliently during the COVID-19 pandemic response. This document gives advisory guidance on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions. CISA will continually solicit and accept feedback on the list and will evolve the list in response to stakeholder feedback. We will also use our various stakeholder engagement mechanisms to work with partners on how they are using this list and share those lessons learned and best practices broadly. Feedback can be sent to CISA.CATOCISA.DHS.GOV. CONSIDERATIONS FOR GOVERNMENT AND BUSINESS This list was developed in consultation with federal agency partners, industry experts, and State and local officials, and is based on several key principles: 1. Response efforts to the COVID-19 pandemic are locally executed, state managed, and federally supported. 2. Everyone should follow guidance from the CDC, as well as State and local government officials, regarding strategies to limit disease spread. 3. Workers should be encouraged to work remotely when possible and focus on core business activities. In - person, non -mandatory activities should be delayed until the resumption of normal operations. 4. When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of spreading the disease. This includes, but is not necessarily limited to, separating staff by offsetting shift hours or days and/or social distancing. These steps can preserve the workforce and allow operations to continue. 5. All organizations should implement their business continuity and pandemic plans or put plans in place if they do not exist. Delaying implementation is not advised and puts at risk the viability of the business and the health and safety of the employees. 6. Reliance on technology and just -in -time supply chains means that certain workers must be able to access certain sites, facilities, and assets to ensure continuity of functions. 7. Government employees, such as emergency managers, and the business community need to establish and maintain lines of communication. 8. When government and businesses engage in discussions about essential critical infrastructure workers,they need to consider the implications of business operations beyond the jurisdiction where the asset or facility Is located. Businesses can have sizeable economic and societal impacts as well as supply chain dependencies that are geographicallydistributed. 9. Whenever possible, jurisdictions should align access and movement control policies related to critical infrastructure workers to lowerthe burden of workers crossing jurisdictional boundaries. IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS The following list of identified essential critical infrastructure workers is intended to be overly inclusive reflecting the diversity of industries across the United States. 1. .r.. �. ,,t�, Menl111u•rA h,01rt Meart. 'avx^.ausre Crttlu' Ili/OfrtYUM M.nul.OlunnF, iet�rrtl utp Feolhttls inCu;Vl.d Ft— ag—Al-, , NUC1Pe1 kca;lDrs n,�.r Cne•� - Mute.inb 6 Nast. OOYMilMer FOclitu" flr>•nclei � S: HEALTHCARE / PUBLIC HEALTH • Workers who perform critical clinical research, development, and testing needed for COVID-19 response. • Healthcare providers and Caregivers including physicians, dentists, psychologists, midlevel practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, optometrists, speech pathologists, chiropractors, and diagnostic and therapeutic technicians and technologists. • Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technology, nutritionists, saniterians, respiratory therapists, etc.). • Workers in other medical and biomedical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Nursing Care Facilities, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified Health Centers, and retail facilities specializing in medical good and supplies). • Manufacturer workers for health manufacturing (including biotechnology companies), materials and parts suppliers, logistics and warehouse operators. distributors of medical equipment (including those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietary supplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products. • Public health / community health workers, including those who compile, model, analyze and communicate public health information. • Blood and plasma donors and the employees of the organizations that operate and manage related activities. • Workers who manage health plans, billing, and health information, who cannot practically work remotely. • Workers who conduct community -based public health functions, conducting epidemlologic surveillance, compiling, analyzing and communicating public health information, who cannot practicallywork remotely. • Workers performing information technokogyand cybersecurity functions at healthcare and public health facilities, who cannot practically work remotely. • Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely. • Pharmacy employees necessary to maintain uninterrupted prescription filling. • Workers performing mortuary funeral, cremation, burial, cemetery, and related services, including funeral homes, crematoriums, cemetery workers, and coffin makers. • Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mental/behavioral health services to the family members, responders, and survivors of an Incident. LAW ENFORCEMENT, PUBLIC SAFETY, AND OTHER FIRST RESPONDERS • Public, private, and voluntary personnel (front line and management) in emergency management, law enforcement, fire and rescue services, emergency medical services, and private security, to include public and private hazardous material responders, air medical service providers (pilots and supporting technicians), corrections, and search and rescue personnel. • 911 call center employees and Public Safety Answering Points who can't perform their duties remotely. • Fusion Center employees. • Workers - including contracted vendors - who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations (to include electronic security and life safety security personnel). • Workers supporting the manufacturing of safety equipment and uniforms for law enforcement, public safety personnel, and first responder. • Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges. • Public agency workers responding to abuse and neglect of children, elders, and dependent adu its. • Workers who support weather disaster / natural hazard mitigation and prevention activities. • Security staff to maintain building access control and physical security measures. FOOD AND AGRICULTURE • Workers supporting groceries, pharmacies, convenience stores, and other retail (including unattended and vending) that sells human food, animal/pet food and pet supply, and beverage products, including retail customer support service and information technology support staff necessary for online orders, pickup and delivery. • Restaurant carry -out and quick serve food operations, including dark kitchen and food prep centers, and carry- out and delivery food employees. • Food manufacturer employees and their supplier employees —to include those employed in food ingredient production and processing facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food: beverage production facilities: and the production of food packaging. • Farmers, farm workers, and agribusiness support services to include those employed in auction and sales: grain and oilseed handling, processing and distribution; animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm and fishery labor needed to produce our food supply domestically and for export. • Farmers, farm workers, support service workers, and their supplier employees to include those engaged in producing and harvestingfield crops; commodity inspection; fuel ethanol facilities; biodiesel and renewable diesel facilities; storage facilities; and other agricultural inputs. • Employees and firms supporting the distribution of food, feed, and beverage and ingredients used in these products, including warehouse workers, vendor- managed inventory controllers and blockchain managers. • Workers supporting the sanitation and pest control of all food manufacturing processes and operations from wholesale to retail. • Employees in cafeterias used to feed employees, particularly employee populations sheltered againstCOVID-19. • Workers in animal diagnostic and food testing laboratories in private industries and in institutions of higher education. • Government, private, and non -governmental organizations' workers essential for food assistance programs (including school lunch programs) and government payments. • Employees of companies engaged in the production, storage, transport, and distribution of chemicals, medicines, vaccines, and other substances used by the food and agriculture industry, including seeds, pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids. • Animal agriculture workers to include those employed in veterinary health (including those involved in supporting emergency veterinary or livestock services); raising of animals for food; animal production operations; livestock markets; slaughter and packing plants, manufacturers, renderers, and associated regulatory and government workforce. • Transportation supporting animal agricultural industries, including movement of animal medical and reproductive supplies and materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, live animals, animal by-products, and deceased animals fordisposal. • Workers who support sawmills and the manufacture and distribution of fiber and forest products. including, but not limited to timber, paper, and other wood andfiberproducts. • Employees engaged in the manufacture and maintenance of equipment and other Infrastructure necessary for agricultural production and distribution. ENERGY • Workers supporting the energy sector, regardless of the energy source (including but not limited to nuclear, fossil, hydroelectric, or renewable), segment of the system, or infrastructure the worker is involved in, or who are needed to monitor, operate, engineer, and maintain the reliability, safety, environmental health, and physical and cyber security of the energy system. • Energy/commodity trading/scheduling/marketing functions, who can't perform their dutiesremotely. • IT and OT technology for essential energy sector operations including support workers, customer service operations; energy management systems, control systems, and Supervisory Control and Data Acquisition SCADA systems, and energy sector entity data centers; cybersecurlty engineers; and cybersecurity risk management. • Workers supporting the energy sector through renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, ocean, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. • Workers and security staff involved in nuclear re -fueling operations. • Providing services related to energy sector fuels (including, but not limited, petroleum (crude oil), natural gas, propane, natural gas liquids, other liquid fuels, nuclear, and coal), supporting the mining, processing, manufacturing, construction, logistics, transportation, permitting, operation/maintenance, security, waste disposal and storage, and monitoring of support for resources. • Environmental remediation/monitoring, limited to Immediate critical needs technicians. • Manufacturing and distribution of equipment, supplies, and parts necessary to maintain production, maintenance, restoration, and service at energy sector facilities (across all energy sector segments). Electricity industry: • Workers who maintain, ensure, or restore, or are involved in the development, transportation, fuel procurement, expansion, or operation of the generation, transmission, and distribution of electric power, including call centers, utility workers, engineers, retail electricity, constraint maintenance, and fleet maintenance technicians - who cannot perform their duties remotely. • Workers at coal mines, production facilities, and those involved in manufacturing, transportation, permitting, operation/maintenance and monitoring at coal sites which is critical to ensuring the reliability of the electrical system. • Workers who produce, process, ship and handle coal used for power generationand manufacturing. • Workers needed for safe and secure operations at nuclear generation to include but not limited to, the broader nuclear supply chain, parts to maintain nuclear equipment, fuel manufacturers and fuel components used In the manufacturing of fuel. • Workers at renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. • Workers at generation, transmission, and electric black start facilities. • Workers at Reliability Coordinator, Balancing Authorities, and primary and backup Control Centers, including but not limited to independent system operators, regional transmission organizations, and local distribution control centers. • Mutual assistance personnel which may include workers from outside of the state or local jurisdiction. • Vegetation management and traffic control for supporting those crews. • Environmental remediation/monitoring workers limited to immediate critical needs technicians. • Instrumentation, protection, and control technicians. • Essential support personnel for electricity operations. • Generator set support workers such as diesel engineers used in powergeneration including those providing fuel. Petroleum industry: • Workers for onshore and offshore petroleum drilling operations; platform and drilling construction and maintenance; transportation (including helicopter operations), maritime transportation, supply, and dredging operations; maritime navigation; well stimulation, intervention, monitoring, automation and control, extraction, production; processing; waste disposal, and maintenance, construction, and operations. • Workers for crude oil, petroleum and petroleum product storage and transportation, including pipeline, marine transport, terminals, rail transport, storage facilities and racks and roadtransport for use as end - use fuels such as gasoline, diesel fuel, jet fuel, and heating fuels or feedstocks for chemical manufacturing. • Petroleum and petroleum product security operations center employees and workers who support maintenance andemergency response services. • Petroleum and petroleum product operations control rooms/centers and refinery facilities. • Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them. • Supporting new and existing construction projects, including, but not limited to, pipeline construction. Natural Gas, Natural Gas Liquids (NGL), Propane, and other liquid fuels • Workers who support onshore and offshore drilling operations, platform and drilling construction and maintenance; transportation (including helicopter operations); maritime transportation, supply, and dredging operations; maritime navigation; natural gas and natural gas liquid production, processing, extraction, storage and transportation; well intervention, monitoring, automation and control; waste disposal, and maintenance, construction, and operations. • Transmission and distribution pipeline workers, including compressor stations and any other required, operations maintenance, construction, and support for natural gas, natural gas liquid, propane, and other liquid fuels. • Natural gas, propane, natural gas liquids, and other liquid fuel processing plants, including construction, maintenance, ar support operations. • Natural gas processing plants workers, and those that deal with natural gas liquids. • Workers who staff natural gas, propane, natural gas liquids, and other liquid fuel security operations centers, operations dispatch and control rooms/centers, and emergency response and customer emergencies (including leak calls)operations. • Dispatch and control rooms and emergency response and customer emergencies, Including propane leak calls. • Propane gas service maintenance and restoration, including call centers. • Propane, natural gas liquids, and other liquid fuel distribution centers. • Propane gas storage, transmission, and distribution centers. • Supporting new and existing construction projects, including, but not limited to, pipeline construction. • Ethanol and biofuel production, refining, and distribution. • Workers in fuel sectors (including, but not limited to nuclear, coal, and gas types and liquid fuels) supporting the mining, manufacturing, logistics, transportation, permitting, operation/maintenance, and monitoring of support for resources. WATER AND WASTEWATER Employees needed to operate and maintain drinking water and wastewater/drainage Infrastructure, including: • Operational staff at waterauthorities. • Operational staff at community watersystems. • Operational staff at wastewater treatment facilities. • Workers repairing water and wastewater conveyances and performing required sampling or monitoring, including field staff. • Operational staff for water distribution and testing. • Operational staff at wastewater collection facilities. • Operational staff and technical support for SCADA Control systems. • Chemical and equipment suppliers to water and wastewater systems and personnel protection. • Workers who maintain digital systems infrastructure supporting water and wastewater operations. TRANSPORTATION AND LOGISTICS • Employees supporting or enabling transportation functions, including truck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, Department of Motor Vehicle (DMV) employees, towing/recovery services, roadside assistance workers, intermodal transportation personnel, and workers who maintain and inspect infrastructure (including those that require! cross jurisdiction travel). • Workers supporting the distribution of food, pharmaceuticals (including materials used in radioactive drugs) and other medical materials, fuels, chemicals needed for water or water treatment and energy Maintenance and operation of essential highway infrastructure, including roads, bridges, and tunnels (e.g., traffic operations centers and moveable bridge operators). • Employees of firms providing services, supplies, and equipment that enable warehouse and operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use. Includes cold- and frozen -chain logistics for food and critical biologic products. • Mass transit workers and providing critical transit services and/or performing critical or routine maintenance! to mass transit infrastructure orequipment. • Employees supporting personal and commercial transportation services - including taxis, delivery services, vehicle rental services, bicycle maintenance and car -sharing services, and transportation network providers. • Workers responsible for operating and dispatching passenger, commuter and freight trains and maintaining rail infrastructure and equipment. • Maritime transportation workers, including dredgers, port workers, mariners, ship crewmembers, ship pilots and tug boat operators, equipment operators (to include maintenance and repair, and maritime -specific medical providers), ship supply, chandler, and repair companies. • Workers including truck drivers, railroad employees and contractors, maintenance crew, and cleaners supporting transportation of chemicals, hazardous, medical, and waste materials to support critical infrastructure, capabilities, functions, and services, including specialized carriers, crane and rigging industryworkers. • Bus drivers and workers who provide or support intercity, commuter and charter bus service in support of other essential services or functions. • Automotive repair, maintenance, and transportation equipment manufacturing and distribution facilities (including those who repair and maintain electric vehicle charging stations). • Transportation safety inspectors, including hazardous material inspectors and accident investigator inspectors. • Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations. • Postal, parcel, courier, last -mile delivery, and shipping and related workers, to include private companies. • Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, bicycles, and the equipmentand Infrastructure that enables operations that encompass movement of cargo and passengers. • Air transportation employees, including air traffic controllers and maintenance personnel, ramp workers, aviation and aerospace safety, security, and operations personnel and accident investigations. • Workers who support the operation, distribution, maintenance, and sanitation, of air transportation for cargo and passengers, including flight crews, maintenance, airport operations, those responsible for cleaning and disinfection, and other on- and off• airport facilities workers. • Workers supporting transportation via inland waterways such as barge crew, dredging, river port workers for essential goods. • Workers critical to rental and leasing of vehicles and equipment that facilitate continuity of operations for essential workforces and other essential travel. • Warehouse operators, including vendors and support personnel critical for business continuity (including HVAC & electrical engineers; security personnel; and janitorial staff) and customer service for essential functions. PUBLIC WORKS AND INFRASTRUCTURE SUPPORT SERVICES • Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issuer. • Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response. • Workers who support, such as road and line clearing, to ensure the availability of and access to needed facilities, transportation, energy and communications. • Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste, including landfill operations. • Workers who support the operation, inspection, and maintenance of essential dams, locks and levees. • Workers who support the inspection and maintenance of aids to navigation, and other government provided services that ensure continued maritime commerce. COMMUNICATIONS AND INFORMATION TECHNOLOGY Communications: • Maintenance of communications infrastructure- including privately owned and maintained communication systems- supported by technicians, operators, call -centers, wireline and wireless providers, cable service providers, satellite operations, Internet Exchange Points. Points of Presence. Network Access Points, back haul and front haul facilities, and manufacturers and distributors of communications equipment. • Government and private sector employees (including government contractors) with work related to undersea cable infrastructure and support facilities, including cable landing sites, beach manhole vaults and covers, submarine cable depots and submarine cable ship facilities. • Government and private sector employees (including government contractors) supporting Departmentof Defense internet and communications facilities. • Workers who support radio, television, and media service, including, but not limited to front-line news reporters, studio, and technicians for newsgathering, and reporting, and publishing news. • Network Operations staff, engineers and/or technicians to include IT managers and staff, HVAC & electrical engineers, security personnel, software and hardware engineers, and database administrators that manage the network or operate facilities. • Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables, buried conduit, small cells, other wireless facilities, and other communications sector -related infrastructure. This includes construction of new facilities and deployment of new technology as these are required to address congestion or customer usage due to unprecedented use of remote services. • Installation, maintenance and repair technicians that establish, support or repair service as needed. • Central office personnel to maintain and operate central office, data centers, and other network office facilities, critical support personnel assisting front line employees. • Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to set up and maintain home offices, who interface with customers to manage or support service environments and security issues, including payroll, billing, fraud, logistics, and troubleshooting. • Workers providing electronic security, fire, monitoring and life safety services, and to ensure physical security, cleanliness and safety of facilities and personnel, including temporary licensing waivers for security personnel to work in other States of Municipalities. • Dispatchers involved with service repair and restoration. • Retail customer service personnel at critical service center locations for onboarding customers, distributing and repairing equipment and addressing customer issues in order to support individuals' remote emergency communications needs, supply chain and logistics personnel to ensure goods and products are on -boarded to provision these front-line employees. • External Affairs personnel to assist in coordinating with local, state and federal officials to address communications needs supporting COVID-19 response, public safety, and national security. Information Technology: • Workers who support command centers, including, but not limited to Network Operations CommanclCenters, Broadcast Operations Control Centers and Security Operations Command Centers. • Data center operators, including system administrators, HVAC & electrical engineers, security personnel, IT managers and purchasers, data transfer solutions engineers, software and hardware engineers, and database administrators, for all industries (including financial services). • Workers who support client service centers, field engineers, and other technicians and workers supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware andsoftware, support services, research and development, and information technology equipment (to include microelectronics and semiconductors), and HVAC and electrical equipment for critical infrastructure, and test labs and certification agencies that qualify such equipment(to include microelectronics, optoelectronics, and semiconductors) for critical infrastructure, including data centers. • Workers needed to preempt and respond to cyber incidents involving critical infrastructure, including medical facilities, SLTT governments and federal facilities, energy and utilities, and banks and financial institutions, securities/other exchanges, other entities that support the functioning of capital markets, public works, critical manufacturing, food & agricultural production, transportation, and other critical infrastructure categories and personnel, in addition to all cyber defense workers (who can't perform their duties remotely). • Suppliers, designers, transporters and other workers supporting the manufacture, distribution and provision and construction of essential global, national and local infrastructure for computing services (including cloud computing services and telework capabilities), business infrastructure, financial transactions/services, web - based services, and critical manufacturing. • Workers supporting communications systems and information technology- and work from home solutions- used by law enforcement, public safety, medical, energy, public works, critical manufacturing, food & agricultural production, financial services, education, and other critical industries and businesses. • Employees required in person to support Software as a Service businesses that enable remote working, performance of business operations, distance learning, media services, and digital health offerings, or required for technical support crucial for business continuity and connectivity. OTHER COMMUNITY- OR GOVERNMENT -BASED OPERATIONS AND ESSENTIAL FUNCTIONS • Workers to ensure continuity of building functions, including but not limited to security and environmental controls (e.g., HVAC), the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure. • Elections personnel to include both public and private sector elections supporL • Workers supporting the operations of the judicial system, • Federal, State, and Local, Tribal, and Territorial employees who support Mission Essential Functions and communications networks. • Trade Officials (FTA negotiators; international data flow administrators). • Employees necessary to maintain news and media operations across veriousmedia. • Employees supporting Census 2020. • Weather forecasters. • Clergy for essential support. • Workers who maintain digital systems infrastructure supporting other critical government operations. • Workers who support necessary credentialing, vetting and licensing operations for critical infrastructure workers. • Customs and immigration workers who are critical to facilitating trade in support of the national emergency response supply chain. • Educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other essential functions. • Staff at government offices who perform title search, notary, and recording services in support of mortgage and real estate services and transactions. • Residential and commercial real estate services, including settlement services. • Workers supporting essential maintenance, manufacturing, design, operation, inspection, security, and construction for essential products. services, and supply chain and COVID 19 relief efforts. CRITICAL MANUFACTURING • Workers necessary for the manufacturing of metals (including steel and aluminum), industrial minerals. semiconductors, materials and products needed for medical supply chains, and for supply chains associated with transportation, energy, communications, information technology, food and agriculture, chemical manufacturing, nuclear facilities, wood products, commodities used as fuel for power generation facilities, the operation of dams, water and wastewater treatment, processing and reprocessing of solid waste, emergency services, and the defense industrial base. Additionally, workers needed to maintain the continuity of these manufacturing functions and associated supply chains, and workers necessary to maintain a manufacturing operation in warm standby. • Workers necessary for the manufacturing of materials and products needed to manufacture medical equipment and personal protective equipment (PPE). • Workers necessary for mining and production of critical minerals, materials and associated essential supply chains, and workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary for mining production and distribution. • Workers who produce or manufacture parts or equipment that supports continued operations for any essential services and increase in remote workforce (including computing and communication devices, semiconductors, and equipment such as security tools for Security Operations Centers (SOCs) ordatacenters). HAZARDOUS MATERIALS • Workers who manage hazardous materials associated with any other essential activity, including but not limited to healthcare waste (medical, pharmaceuticals, medical material production), testing operations (laboratode s processing test kits), and energy (nuclear facilities) Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing tests Workers who support hazardous materials response andcleanup. • Workers who maintain digital systems infrastructure supporting hazardous materials management operations. FINANCIAL SERVICES • Workers who are needed to provide, process and maintain systems for processing, verification, and recording of financial transactions and services, including payment, clearing, and settlement; wholesale funding; insurance services; consumerand commercial lending; and capital markets activities). • Workers who are needed to maintain orderly market operations to ensure the continuity of financial transactions and services. • Workers who are needed to provide business, commercial, and consumer access to bank and non -bank financial services and lending services, including ATMs, lending and money transmission, and to move currency, checks, securities, and payments (e.g., armored cash carriers). • Workers who support financial operations and those staffing call centers, such as those staffing data and security operations centers, managing physical security, or providing accounting services. • Workers supporting production and distribution of debit and creditcards. • Workers providing electronic point of sale support personnel for essential businesses and workers. CHEMICAL • Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food addKives. pharmaceuticals, paintings and coatings, textiles, buildingmaterials, plumbing, eled land paper products. • Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facilities and workers who manufacture packaging items. • Workers supporting the production of protective cleaning and medical solutions, personal protective equipment, disinfectants, fragrances, and packaging that prevents the contamination of food, water, medicine, among others essential. • Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/ or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, including plant contract workers who provide inspections. • Workers who support the production and transportation of chlorine and alkali manufacturing, single -use plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water, medicine, and other essential products, including glass container manufacturing. DEFENSE INDUSTRIAL BASE • Workers who support the essential services required to meet national security commitments to the federal government and U.S. Military. These individuals include, but are not limited to, space and aerospace; mechanical and software engineers (various disciplines), manufacturing/production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers; and sanitary workers who maintain the hygienic viability of necessaryfecilities. • Personnel working for companies, and their subcontractors, who perform under contract or sub -contract to the Department of Defense, as well as personnel at government-owned/contractor- operated and govemment- owned/govemment-operated facilities, and who provide materials and services to the Department of Defense, including support for weapon systems, software systems and cybersecurity, defense and intelligence communications and surveillance, space systems and other activities in support of our military, intelligence and space forces. COMMERCIAL FACILITIES • Workers who support the supply chain of building materials from production through application/installation, including cabinetry, fixtures, doors, cement, hardware, plumbing, electrical, heating/cooling, refrigeration, appliances, paint/coatings, and employees who provide services that enable repair materials and equipment for essential functions. • Workers supporting ecommerce through distribution, warehouse, call center facilities, and other essential operational support functions. • Workers in hardware and building materials stores, consumer electronics, technology and appliances retail, and related merchant wholesalers and distributors - with reduced staff to ensure continued operations. • Workers distributing, servicing, repairing, installing residential and commercial HVAC systems, boilers, furnaces and other heating, cooling, refrigeration, and ventilation equipment. RESIDENTIAL/SHELTER FACILITIES AND SERVICES 0 Workers in dependent care services, in support of workers in other essential products and services. • Workers who support food, shelter, and social services, and other necessities of life for needy groups and individuals, including in -need populations and COVID-19 responders (including travelling medical staff). • Workers in animal shelters. • Workers responsible for the leasing of residential properties to provide individuals and families with ready access to available housing. • Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency "at-home" situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessary services. • Workers performing housing construction related activities to ensure additional units can be made avallable to combat the nation's existing housing supplyshortage. • Workers performing services in support of the elderly and disabled populations who coordinate a variety of services, including health care appointments and activities of dailyliving. • Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, but fundamentally should continue and serve the construction of housing (e.g., allow qualified private third -party inspections in case of government shutdown). HYGIENE PRODUCTS AND SERVICES • Workers who produce hygiene products. • Workers in laundromats, laundry services, and drycleaners. • Workers providing personal and household goods repair and maintenance. • Workers providing disinfection services, for all essential facilities and modes of transportation, and supporting the sanitation of all food manufacturing processes and operations from wholesale toretail. • Workers necessary for the installation, maintenance, distribution, and manufacturing of water andspace heating equipment and its components. • Support required for continuity of services, including commercial disinfectant services, janitorial/cleaning personnel, and support personnel functions that need freedom of movement to access facilities in support of front-line employees. STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-89 (Emergency Management - COVID-19— Miami -Dade County, Broward County. Palm Beach County. Monroe County Public Access Restrictions) WHEREAS, on March 1, 2020. 1 issued Executive Order 20-51 directing the Florida Department of Ifealth to issue a Public I lealth Emergency; and WHEREAS, on March 1. 2020. the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, 1 issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COV1D-19; and %%'HF.RFAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and WHEREAS, on March 29.2020, the President extended such guidance to he in effect until April 30. 2020; and WHEREAS, Miami -Dade County, Broward County, and Palm Beach County have already implemented orders restricting certain public access to non -essential retail and commercial establishments; and WHEREAS, over sixty (60) percent of Florida's identified COVID-19 cases are in these neighboring southern counties, which make up a large percentage of Florida's population; and 154 of 227 WHEREAS, my Administration has consulted with the authorities from Miami -Dade County. Broward County. Patin Beach County and Monroe County who seek to harmonize restricted public access mandates in order to establish unifonnity and consistency throughout their counties of close proximity, and WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled, and that residents and visitors in Florida remain sate and secure. NOW, THEREFORE, 1, RON DESANTIS. as Governor of Florida, by virtue of the authority vested in me by Article 1V, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the iollowing Executive Order to take immediate effect: Section 1. 1 hereby order Miami -Dade County, Broward County, Palm Beach County and Monroe County to restrict public access to businesses and facilities deemed non -essential pursuant to the guidelines established by Miami -Dade County pursuant to its March 19, 2020 Emergency Order 07-20, and as modified by subsequent amendments and orders prior to the date of this order. Section 2. At their discretion. such county administrators may determine additional "essential" retail and commercial establishments --or other institutions providing essential services —that shall not be subject to complete closure. No county or local authority may restrict or prohibit any "essential" service from performing a function allowed under this order. Section 3. Essential service establishments not subject to closure shall continue to determine, adopt and maintain reasonable measures to ensure sanitation and cleanliness of premises and items that may come into contact with employees and the public, and such establishments shall take reasonable action to ensure that people adhere to the CDC's social distancing guidelines. 155 of 227 I Section 4. The above -named counties shall not institute curfews pertaining to transit to or from the essential service establishments. Section 5. This order shall remain in effect until April 15, 2020 unless renewed or otherwise modified by subsequent order. ATTEST: #SCRE-TARY OFVSTA- 1N TFSTIMONY WI ICREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed at "Tallahassee, this 30th day gbh, 2020_ 156 of 227 R COUNTY MIAMI-DADE COUNTY EMERGENCV ORDER 07-20 WHEREAS, Section 252.38(3xa), Florida Statutes, gives political subdivisions the authority to declare and enact a State of Local Emergency for a period of up to seven days, thereby waiving the procedures and formalities otherwise required of the political subdivision by law; and WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number 20-51, directing the State Health Officer and Surgeon General to declare a Public Health Emergency due to the discovery of COVID-19/novel Coronavirus in Florida; and WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order Number 20-52, declaring a State of Emergency for the state of Florida related to COV1D-19/novel Coronavirus; and WHEREAS, on March 12, 2020, the County Mayor declared a State of Emergency for all of Miami -Dade County; and WHEREAS, COV1D-19/novel Coronavirus poses a health risk to Miami -Dade County residents, particularly elderly residents and those who are immunosuppressed or otherwise have high -risk medical conditions: and WHEREAS, minimization of contact is necessary to avoid risk of COVID-19 infection for the residents of the County; and WHEREAS, the Centers for Disease Control (CDC) has issued guidance entitled "15 Days to Slow the Spread," encouraging social distancing and maintaining a 6 foot separation between residents to slow the spread of infection and that events with more than ten attendees either be cancelled or held virtually; and WHEREAS, the CDC guidelines are based upon the amount of community spread within a community and become more stringent where there is minimal to moderate or substantial community spread; and WHEREAS, section 8B-7(2)(f) of the Code authorizes the County Mayor to order the closure of any commercial establishment; and Page 1 of 5 157 of 227 Miami -Dade County Declaration of Local State of Emergency Wl ERE'AS, sections 8B-7(2)(e) and (o) of the Code authorize the County Mayor to limit the movement of persons inside Miami -Dade County in order to safeguard life and health, THEREFORL, as County Mayor of Miami -Dade County, I hereby order: All non -essential retail and commercial establishments are ordered closed. 2. Essential retail and commercial businesses, which may remain open, are: a. Healthcare providers, including, but not limited to, hospitals, doctors' and dentists' offices, urgent care centers, clinics, rehabilitation facilities, physical therapists, mental health professionals. psychiatrists, therapists, and pharmacies; b. Grocery stores, farmers' markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail We of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning and personal care products). This authorization includes stores that sell groceries and also sell other non -grocery products, and products necessary to maintaining the safety, sanitation, and essential operations of residences; Food cultivation, including farming, livestock, and fishing; d. Businesses that provide food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; Newspapers, television, radio, and other media services; Gas stations and auto -supply, auto -repair, and related facilities; Banks and related financial institutions; h. Hardware stores; i. Contractors and other tradesmen, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; Businesses providing mailing and shipping services, including post office boxes; k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate online or distance learning; Laundromats, dry cleaners, and laundry service providers; m. Restaurants and other facilities that prepare and serve food, but subject to the limitations and requirements of Emergency Order 3-20. Schools and other entities that typically Page 2 of 5 158 of 227 Miami -Dade County Declaration of local State of Emergency provide free food services to students or members of the public may continue to do so on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site; Businesses that supply office products needed for people to work from home; o. Businesses that supply other essential businesses with the support or supplies necessary to operate, and which do not interact with the general public; p. Businesses that ship or deliver groceries, food, goods, or services directly to residences; q. Airlines, taxis, and other private transportation providers providing transportation services via automobile, truck, bus, or train: Nome -based care for seniors, adults, or children; S. Assisted living facilities, nursing homes, and adult day care centers, and senior residential facilities; t. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities; U. Landscape and pool care businesses, including residential landscape and pool care services; V. Childcare facilities providing services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities should operate under the following mandatory conditions: 1. Childcare must be carried out in stable groups of 10 or fewer (inclusive of childcare providers for the group). 2. Children and child care providers shall not change from one group to another. 3. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix or interact with each other. W. Businesses operating at any airport, seaport, or other government facility, including Parks and government offices; X. Pet supply stores; Y. Logistics providers, including warehouses, trucking, consolidators, fumigators, and handlers; Z. Telecommunications providers, including sales of computer or telecommunications devices and the provision of home telecommunications; Page 3 of 5 159 of 227 Miami -Dade County Declaration of Local State of Emergencv aa. Provision of propane or natural gas; bb. Office space and administrative support necessary to perform any of the above - listed activities; CC. Open construction sites, irrespective of the type of building; dd. Architectural, engineering, or land surveying services; ee. factories, manufacturing facilities, bottling plants, or other industrial uses; ff. Waste management services, including collection and disposal of waste; and gg. Any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services 3. This order does not affect or limit the operations of Miami -Dade County, any public utility, any municipality, the Miami -Dade County School District, or any State or Federal office or facility, except that such entities shall abide by the restrictions of any County, Municipal, State or Federal emergency order, as applicable. 4. This order does not limit the number of persons who may be physically present performing services at any location where an essential business is being conducted except as expressly set forth herein or otherwise governed by any State or Federal order or regulation. Employers and employees are urged, but are not required, to practice social distancing, such as keeping six feet between persons and limiting group size to less than ten people. 5. This order does not limit the number of persons who may be physically present at any religious service. Persons attending religious services are urged, but are not required, to practice social distancing, such as keeping six feet between persons and limiting group size to less than ten people. 6. The County Mayor may amend the provisions of paragraph 2, 3, and 4 by written notice to the County Clerk. 7. The provisions of this order shall serve as minimum standards. Municipalities may impose more stringent standards within their jurisdictions. 8. This order shall expire upon the expiration of the existing Miami-Dadt: County State of Local Emergency, except that if such State of Local Emergency is extended, this order shall also be deemed to extend for the duration of such extension. This order may be cancelled earlier by action of the County Mayor. 9. This order shall be effective as of 9.00 p.m., March 19, 2020. Page 4 of 5 160 of 227 Miami -Dade County Declaration of local State of Emergency 9. This order shall be effective as of 9:00 p.m., March 19, 2020. 10. 1'his order shall be provided to all appropriate media consistent with the requirements of section 8B-7(2xn) of the Code of Miami -Dade County. Enactcd: Signed: 4�AHliAY A Datc� Witness: Cancelled: Signed: COUNTY MAYOR Date: Time: Witness: Page S of 5 161 of 227 AMENDMENT NO. I TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20: and WHEREAS, Emergency Order 07-20 directed the closure of all non -essential retail and commercial establishments and included a list of essential businesses that may still operate; and WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, hotels, motels, other commercial lodging establishments, and temporary vacation rentals provide essential business services during emergencies; and WHEREAS, marinas and boat launches, docking, fueling, marine supply and other marina services provide essential business services during emergencies, including access to living space, repair services, and other vital needs; and WHEREAS, additional retail and commercial establishments listed below provide essential business services during emergencies, THEREFORE, as Count, Mayor of Miami -Dade County, 1 hereby order: 1. Paragraph 2 of Emergency Order 07-20 is hereby amended and restated to clarify that additional following essential businesses may remain open: 2. Essential retail and commercial businesses, which may remain open, are: f. Gas stations»; new and used automobile dealerjbj2 ;<< and auto -supply, auto -repair, and related facilities», oroviided however that such businesses should ensue that customers practice the social distancing. as advised by the CDC<<; k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate online or distance learning »and university. college, or techmical eolkg.e residence halls, to the extent needed to lccornmodue students who cat nt l return to their homes<<; Page I of 2 162 of 227 Miami -Dade County Declaration of Local State of Fmergency ff. Waste management services, including collection and disposal of waste; I Iwwl J J gg. Any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services»;<< >>hh. Private and municipal marinas and boat launches. docking, fueling. marine sWM)y and other marina services: ii. Hotels. rgtotcls, other commercial lodging establishments and tentpQrary vacation rentals. Notwithstanding the fq=oing. restauranm bars. and fitness center restrictions witLnn these establishments remain as stated in Emerg wv Order 01-2&- b. Veterinarians pet boarding facilities: and kk. Mortuaries. fuaneral homes. and cemetgj%I.« 2. The balance of Emergency Order 07-20 remains in full force and effect and is subject to further amendment as set forth in Emergency Order 07-20. Enacted: Signed: i1 Date,- kLAOi- Cancelled: Date: Time: Witness: Page 2 of 2 163 of 227 AMENDMENT NO.2 TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 W1IERE•'AS, on March 19. 2020, the County Mayor issued Emergency Order 07-20; and WHEREAS. Emergency Order 07-20 directed the closure of all non -essential retail and commercial establishments and included a list of essential businesses that may still operate; and WHEREAS. Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, GOVemor DeSantis issued Executive Order 20-71 wluch promulgated standards for the sale of alcohol: and WHEREAS, additional retail and commercial establishments listed below provide essential business services during emergencies, THEREFORE, as County Mayor of Miami -Dade County, I hereby order: 1. Paragraph 2 of Emergency Order 07-20 is hereby amended and restated to clarify that additional following essential businesses may remain open: 2. Essential retail and commercial businesses, which may remain open, are: hh. Private and municipal marinas and boat launches, docking, fueling, marine supply and other marina services; ii. Hotels, motels, other commercial lodging establishments and temporary vacation rentals. Notwithstanding the foregoing, restaurants, bars, and fitness center restrictions within these establishments remain as stated in Emergency Order 03-20; j. Veterinarians and pet boarding facilities; and kk. Mortuaries, funeral homes, and cemeteries. »Il. The sale of alcoholic beyer M is authorized consistent jt9 Executive Order 20-71. mm. Fuearm and ammunition Wall stone. Page I of 2 164 of 227 Miami -Dade County Declaration of Local State of lmergency 2 an. Businesses providigg services to arty local. state. or Federal gpvenun=L including municipalities, pyam to a contract with suctljovetnment.« 2. 'Ihe balance of Emergency Order 07-20 remains in full force and effect and is subject to further amendmenIp set forth in Emergency Order 07-20. Enacted: Signed:_ Cancelled: Signed:_ _ __ Datc:3 / .° Witness: COUNTY MAYOR Date: Time: Witness: Page 2 of 2 165 of 227 AMENDMENT NO.3 TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and WHEREAS, Emergency Order 07-20 directed the closure of all non -essential retail and commercial establishments and included a list of essential businesses that may still operate; and WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, Amendment No. 1 to Emergency Order 07-20 stated that marinas and boat launches, docking, fueling, marine supply and other marina services provide essential business services; and WHEREAS, large numbers of boaters congregated without observing social distancing and promoted large parties, the occurrence of which would have increased the risk of spreading COV1D-19 throughout the community; and WHEREAS, as a result it is necessary to further limit the use of marinas and boat launches, docking, fueling, marine supply and other marina services; and WHEREAS, Emergency Order 06-20 as amended from time to time contains detailed information on the use of marinas, boat launches, docking, fueling, marine supply and other marina services for the duration of the state of emergency, THEREFORE, as County Mayor of Miami -Dade County, I hereby order: I . Paragraph 2 of Emergency Order 07-20 as amended is hereby amended and restated to clarify that additional following essential businesses may remain open: 2. Essential retail and commercial businesses, which may remain open, are: Page I of 2 166 of 227 Miami -Dade County Declaration of Local State of Emergency 2. The balance of Emergency Order 07-20 as amended remains in frill force and effect and is subject to further amendment as set forth in Emergency Order 07-20. Enacted: Signed: Date*koji�o Time: L� dip Witness: % ,r I . Cancelled: Signed: COUNTY MAYOR Date: Time: Witness: Page 2 of 2 167 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-92 (Amending Executive Order 20-91) WHEREAS, on April 1, 2020. I issued Executive Order 20-91 directing a statewide essential services and activities order; and WHEREAS, Section 4 of Executive Order 20-91 requires amendment to provide clarity as to the effect of my order; NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitutiop Chapter 252, Florida Statutes, and all otherapplicable laws, promulgate the following Executive Order to take immediate effect: Section 1. Section 4 of Executive Order 20-91 should read, as follows: This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19. Section 2. Except as amended herein, Executive Order 20-91 is ratified and reaffirmed. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this I st day of April. 2020 4 6& RON DESANTIS, GOVERNOR 168 of 227 ATTEST: 4SE RETARY OF STAT N 3=k -.,,.j „ m w cry 169 of 227 7 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-114 (Emergency Management —Extension of Executive Order20-52—COVll).-l9) WHEREAS, on March 1, 2020, 1 issued Executive Order 20-51, directing the Florida. Department of Health to issue a Public Health Emergency due to COVID-19: and WHEREAS, on March 9, 2020, I issued Executive Order 20-52, declaring a state of emergency for the entire state due to COVID-19; and WHEREAS, on March 25, 2020. President Donald J. Trump approved my request and declared a Major Disaster due to COV ID-19 in Florida: and WHEREAS, on April 29, 2020, after consulting with my Task Force to Re -Open Florida. 1 issued Executive Order 20-112, my "Phase 1: Safe. Smart. Step -by -Step. Plan for Florida's Recovery"; and WHEREAS, I, as Governor of Florida, am committed to providing all available resources and assisting all Floridians and our local communities with their efforts; and WHEREAS, no state of emergency declared pursuant to the Florida Emergency Management Act may continue for more than 60 days unless renewed by the Governor; and WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety and welfare of the State of Florida and its residents. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section I(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order, to take immediate effect: 170 of 227 Section 1. The state of emergency declared in Executive Order 20-52, will be extended for 60 days following the issuance of this order for the entire State of Florida. Section 2. To the extent Executive Order 20-1 12, Phase 1: Safe. Smart. Step -by -Step, Plan for Florida's Recovery, amended or extended any executive order related to COVID-19, the referenced executive orders shall remain in effect. as modified. Section 3. All actions taken by the Director of the Division of Emergency Management as the State Coordinating Officer with respect to this emergency before the issuance of this Executive Order are ratified, and he is directed to continue to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Section 4. Except as amended herein, Executive Order 20-52 is ratified and reaffirmed. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, ATTEST: SEC TARY OF STATE * ; Cc (" T71 o co cn 2 171 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-166 (Emergency Management —Extension ofExecutive Order 20-52 — COVID-19) WHEREAS, on March 9, 2020, I issued Executive Order 20-52, declaring a state of emergency for the entire state due to COVID-19; and WHEREAS, on March 25, 2020, President Donald J. Trump approved my request and declared a Major Disaster due to COVID-19 in Florida; and WHEREAS, on June 3, 2020, I issued Executive Order 20-139, implementing Phase 2 of my Safe. Smart. Step -by -Step. Plan for Florida's Recovery; and WHEREAS, I, as Governor of Florida, am committed to providing all available resources and assisting all Floridians and our local communities with their efforts; and WHEREAS, no state of emergency declared pursuant to the Florida Emergency Management Act may continue for more than 60 days unless renewed by the Governor; and WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety and welfare of the State of Florida and its residents. NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order, to take immediate effect: Section 1. The state of emergency declared in Executive Order 20-52, as extended by Executive Order 20-114, will be extended for 60 days following the issuance of this order for the entire State of Florida. 172 of 227 Section 2. To the extent Executive Order 20-139, Phase 2: Safe. Smart. Step -by -Step. Plan for Florida's Recovery, amended or extended any executive order related to COVID-19, the referenced executive orders shall remain in effect, as modified. Section 3. A11 actions taken by the Director of the Division of Emergency Management as the State Coordinating Officer with respect to this emergency before the issuance of this Executive Order are ratified, and he is directed to continue to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Section 4. Except as amended herein, Executive Order 20-52, extended by Executive Order 20-114, is ratified and reaffirmed. ATTEST: SECRETARY OF STATE IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 7th day of July, 2020. RON SANTIS, GOVERNOR r' Ifsmc i� 2 CD • 173 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-192 (Amending Executive Orders 20-68, 20-139, 20-166, and 20-179) WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida due to COVID-19; and WHEREAS, on March 17, 2020, I issued Executive Order 20-68, as extended by Executive Order 20-112, which authorized the Department of Business and Professional Regulation to ensure all restaurants implement employee screening and to prohibit any restaurant employee from entering the restaurant premises if he or she meets certain criteria indicative of concerns related to COVID-19; and WHEREAS, the White House and Centers for Disease Control and Prevention have updated and may continue to update COVID-19 guidance for businesses in the restaurant industry to ensure the safety and health of employees and the public; and WHEREAS, the Florida Department of Health continues to monitor evidence of COVID- 19 in Florida, the state's response efforts, and changing federal guidance and best practices for business, government and individual activities during the COVID-19 disaster emergency; and WHEREAS, Florida continues to adjust its COVID-19 response efforts as state officials and medical experts continuously monitor data during reopening and update guidance to best combat the virus; and NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: 174 of 227 Section 1. Section 3 C. of Executive Order 20-68, as extended by Executive Orders 20-112, 20-139 and 20-166, should read as follows: The Department of Business and Professional Regulation shall ensure all restaurants implement employee screening protocols pursuant to guidance developed by the Centers for Disease Control and Prevention. Section 2. Section 3 of Executive Order 20-139, which incorporates requirements of Executive Orders 20-80 and 20-82, as extended by Executive Order 20-166, is rescinded. Otherwise, Executive Order 20-139 remains in effect for the duration of Executive Order 20-166. ATTEST: SECRETARY OF STATE IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this - c rn cn i C) M r r• a 175 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-213 (Emergency Management -Extension of Executive Order 20 52-COVID-19) WHEREAS, on March 9, 2020, I issued Executive Order 20-52, declaring a state of emergency for the entire state due to COVID-19; and WHEREAS, on March 25, 2020, President Donald J. Trump approved my request and declared a Major Disaster due to COVID-I 9 in Florida; and WHEREAS, on June 3, 2020,1 issued Executive Order 20-139, implementing Phase 2 of my Safe. Smart. Step -by -Step. Plan for Florida's Recovery; and WHEREAS, I, as Governor of Florida, am committed to providing all available resources and assisting all Floridians and our local communities with their efforts; and WHEREAS, no state of emergency declared pursuant to the Florida Emergency Management Act may continue for more than 60 days unless renewed by the Governor; and WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety and welfare of the State of Florida and its residents. NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order, to take immediate effect: Section 1. The state of emergency declared in Executive Order 20-52, as extended by Executive Orders 20-114 and 20-166 will be extended for 60 days following the issuance of this order for the entire State of Florida. 176 of 227 Section 2. All actions taken by the Director of the Division of Emergency Management as the State Coordinating Officer with respect to this emergency before the issuance of this Executive Order are ratified, and he is directed to continue to execute the State's Comprehensive Emergency Management Plan and other response, recovery , and mitigation plans necessary to cope with the emergency. Section 3. Except as amended herein, Executive Order 20-52, extended by Executive Orders 20-114 and 20-166, and as amended by Executive Order 20-192, is ratified and reaffirmed. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Sea] of the State of Florida to be affixed, at Tallahassee, this 4th day of S,GOVERNOR 4TTST: ETARY OF STATe r` , �:' M rn s rTj c- 177 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-244 (Phase 3; Right to Work; Business Certainty; Suspension of Fines.) WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on April 29, 2020, I issued Executive Order 20-112 initiating Phase 1 of the Safe. Smart. Step -by -Step. Plan for Florida's Recovery; and and WHEREAS, on May 14, 2020, I issued Executive Order 20-123 for Full Phase l; WHEREAS, on June 3, 2020, I issued Executive Order 20-139 initiating Phase 2 of the Safe. Smart. Step -by -Step. Plan for Florida's Recovery. WHEREAS, the State of Florida has suffered economic harm as a result of COVID- 19-related closures, exacerbating the impacts of the State of Emergency, and Floridians should not be prohibited by local governments from working or operating a business. NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (])(a) of the Florida Constitution and Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order: Section 1. Phase 3 This order supersedes and eliminates any and all restrictions of Executive Orders 20- 112, 20-123 and 20-139, as well as Executive Orders 20-192, 20-214 and 20-223, except as modified herein. 178 of 227 Section 2. Right to Work and Operate a Business No COVID-19 emergency ordinance may prevent an individual from working or from operating a business. This preemption is consistent with Executive Order 20-92. Section 3. Restaurants Pursuant to Chapter 252, including sections 252.36(5)(b), (g) and (h), Florida Statutes, and in order to safeguard the economic vitality of this state, any restaurant may operate as set forth below. A. Restaurants, including any establishment with a food service license, may not be limited by a COVID-19 emergency order by any local government to less than fifty percent (50%) of their indoor capacity. If a restaurant is limited to less than one hundred percent (100%) of its indoor capacity, such COVID-19 emergency order must on its face satisfy the following: i. quantify the economic impact of each limitation or requirement on those restaurants; and ii. explain why each limitation or requirement is necessary for public health. B. Nothing in this order preempts or supersedes a non-COVID-19 municipal or county order. Section 4. Suspension of COVID-19-related Individual Fines and Penalties This order, consistent with Executive Order 20-92, suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals. 2 179 of 227 Section. 5 Effective Date This order is effective immediately. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 25th day of September, 2020. RON DESANTIS, GOVERNOR ATTEST: *SCRETARY OF STA E � N N rn v, rNrrI ...� crI :" Ui-... rn � �Cn r 03 180 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-276 (Emergency Management -Extension of Executive Order 20 52-COVID-19) WHEREAS, on March 9, 2020, I issued Executive Order 20-52, declaring a state of emergency for the entire state due to COVID-19; and WHEREAS, no state of emergency declared pursuant to the Florida Emergency Management Act may continue for more than 60 days unless renewed by the Governor; and WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety and welfare of the State of Florida and its residents; and WHEREAS, as Florida recovers and re -launches its economy, I am committed to providing all available resources to assist Floridians and local communities with their efforts. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following; Executive Order, to take immediate effect: Section 1. The state of emergency declared in Executive Order 20-52, as extended by Executive Orders 20-114, 20-166, 20-192 and 20-213 will be extended for 60 days following the issuance of this order for the entire State of Florida. Section 2. All actions taken by the Director of the Division of Emergency Management as the State Coordinating Officer with respect to this emergency before the issuance of this Executive Order are ratified, and he is directed to continue to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation 181 of 227 plans necessary to cope with the emergency. Section 3. Except as amended herein, Executive Order 20-52, extended by Executive Orders 20-1 14, 20-166, 20-192 and 20-213 is ratified and reaffirmed. ATTEST: #SECTARY OF STATE IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 3rd day of November, 2020. 1 /RON DESANTIS, GOVERNOR ... N 1V r- ��- rr fn 4- 182 of 227 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-297 (Extending Executive Order 20-244: Phase 3; Right to Work; Business Certainty; Suspension of Fines.) WHEREAS, on March 9, 2020, 1 issued Executive Order 20-52, declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on September 25, 2020, 1 issued Executive Order 20-244, initiating Phase 3 of the Safe. Smart. Step -by -Step. Plan for Florida's Recovery; and WHEREAS, on November 3, 2020, 1 issued Executive Order 20-276, extending the state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, the State of Florida continues to suffer economic harm as a result of COVID- 19 related closures, exacerbating the impacts of the State of Emergency, and Floridians should not be prohibited by local governments from working or operating a business. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section I(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order: Section 1. Executive Order 20-244, following the issuance of this order will be extended and remain in effect for the duration of Executive Order 20-52. as extended by Executive Orders 20-114, 20-166, 20-192.20-213 and 20-276, unless otherwise modified or rescinded. 183 of 227 Section 2. Except as amended herein, Executive Order 20-244 is ratified and reaffirmed. IN TESTIMONY WHEREOF. I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tall, h day d;a ---I :1OVERNOR ATTEST: � N CD -T1 Dc � 4'ERETARY OF STATL o� o A W R' 184 of 227 r _ 4 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-316 (Emergency Management -Extension of Executive Order 20-52-COVID-19) WHEREAS, on March 9, 2020, I issued Executive Order 20-52, declaring a state of emergency for the entire state due to COVID-19; and WHEREAS, no state of emergency declared pursuant to the Florida Emergency Management Act may continue for more than 60 days unless renewed by the Governor; and WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety and welfare of the State of Florida and its residents; and WHEREAS, as Florida recovers and re -launches its economy, 1 am committed to providing all available resources to assist Floridians and local communities with their efforts. NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order, to take immediate effect: Section 1. The state of emergency declared in Executive Order 20-52, as extended by Executive Orders 20-114, 20-166, 20-192, 20-213, and 20-276 will be extended for 60 days following the issuance of this order for the entire State of Florida. Section 2. All actions taken by the Director of the Division of Emergency Management as the State Coordinating Officer with respect to this emergency before the issuance of this Executive Order are ratified, and he is directed to continue to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation 185 of 227 plans necessary to cope with the emergency. Section 3. Except as amended herein, Executive Order 20-52, extended by Executive Orders 20-114, 20-166, 20-192, 20-213, and 20-276 is ratified and reaffirmed. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 29th day of December, 2020. /ON DESANTIS, GOVERNOR ATTEST: SECIRETARY OF STATE f" r� N m i-- _r_ Dn v M 6 ... - .... 1 CDrs w _", _. O. - N 186 of 227 Cffv of wr HOME OF PELICAN ISLAND CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY WHEREAS, Chapter 252.38, Florida Statutes, gives authority to duly constituted municipalities to declare a State of Local Emergency in order to provide for the health and safety of persons and property; and WHEREAS, by virtue of Section 2-37 of the Code of the City of Sebastian, the power to declare a Local State of Emergency is vested in the office of the Mayor, and; WHEREAS, on March 1, 2020, the Governor of the State of Florida issued Executive Order 20-51, directing the declaration of a public health emergency and establishing the State of Florida's response to COVID-19; and WHEREAS, on March 9, 2020, the Governor of the State of Florida issued Executive Order 20-52, declaring that a state of emergency exists in the State of Florida by reason of COVID-19; and WHEREAS on March 13, 2020, President Donald Trump proclaimed that the COVID-19 outbreak in the United States constitutes a National Emergency beginning March 1, 2020; and WHEREAS on March 17, 2020, Indian River County declared a local state of emergency exists in all of Indian River County. NOW, THEREFORE, as Mayor the City of Sebastian, I hereby declare a State of Local Emergency in the City of Sebastian that will continue for the period of time in conjunction with the State of Florida Declaration unless otherwise canceled by the city council and includes the following area(s): a) The recalling or reassigning of City employees from vacation, canceling days off and mobilizing all personnel required for disaster response; b) The suspension of normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response; c) The procurement of supplies, equipment, and services without formal bidding procedures; d) The closing to the public of public places including streets, alleys, public ways, parks amusement areas and public buildings; e) The prevention of price gouging for any essential commodity, dwelling unit, or storage facility; f) The conservation of water supplies; and g) The ..aAGelintion or rpS h d hng_of CitV-meetings— /I., �!(� S `1 E- t aoA(:. 1 k 0�-A, COVID -19 Initial,7— Page 1 187 of 227 Pursuant to this Declaration, the City Manager through the Chief of Police is hereby authorized to take whatever prudent actions are necessary to ensure the health, safety, and welfare of the community. Enacted: Signed by Mayor: Time: 2 : IS"?^` Witness: 1A A41W Cancelled: Signed by Mayor: Time: Witness: COVID -19 lnitial&Lr-1 Date: --�11112-? 4w2p-,?c Date: Page 2 188 of 227 CMCf 5E�V �4111_ _ . HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: February 24, 2021 Agenda Item Title: Third Amendment to Waste Management Franchise Agreement Recommendation: City Council to approve the third amendment to the Waste Management Franchise Agreement. Backaround: Section 8.1 of the Franchise Agreement with Waste Management contains provisions for the collection of household solid waste during certain holidays. Section 8.1 did not address the collection of yard waste when collection of yard waste fell on a holiday. This third amendment to the Franchise Agreement makes provisions for the collection of yard waste during holidays and further clarifies the collection of household solid waste when those collection days fall on a holiday. Attachments: 1. Third Amendment to the Franchise Agreement 2. Ordinance 0-13-03 3. Waste Management Franchise Agreement Administrative Services Department Review-., t cAr City Attorney Review: r Yi Procurement Division Review, if applicable: City Manager Authorization: Date:�,�� 189 of 227 THIRD AMENDMENT TO FRANCHISE AGREEMENT This Third Amendment to Franchise Agreement ("Amendment") is hereby made and entered into this day of . 2021, between CITY OF SEBASTIAN , FLORIDA, ("City") and Waste Management Inc. of Florida, a Florida corporation, whose address is 2700 Wiles Road, Pompano Beach, FL 33073 ("Franchisee"). WITNESSETH WHEREAS, the City and Franchisee are parties to that certain Franchise Agreement dated June 12, 2013, for the provision of solid waste services within the City (the "Agreement"); and WHEREAS, the City and Franchisee entered into that certain First Amendment to franchise Agreement dated May 11, 2016; and WHEREAS, the City and Franchisee entered into that certain Second Amendment to franchise Agreement dated May 10, 2017; WHEREAS, the parties desire to amend Section 8.1 of the Agreement to clarify service changes that occur due to holidays; and WHEREAS,the parties agree thatthe amendment is desirable and in the best interests of the City and its residents. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: 1. Section 8.1 is modified as follows: 8.1. Days of Residential Service. Residential Solid Waste shall not be: Collected by the Franchisee on Sundays or the holidays of Memorial Day, July 41", Labor Day, Thanksgiving Day, Christmas Day or New Year's Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be Collected by the Franchisee on any holiday when the County Landfill is closed. If Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste (other than Yard Trash) on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday. If Yard Trash is scheduled to be collected on Memorial Day, July 4th, Labor Day, Thanksgiving day, or on a holiday when the County Landfill is closed, collection will not occur that day and Franchisee shall instead collect Yard Trash on the next regularly scheduled collection day. If Yard Trash is scheduled to be collected on Christmas Day or New Year's Day, then Franchisee shall instead collect Yard Trash on the Saturday after Christmas Day and New Year's Day. 2. Except as amended herein, the Agreement shall remain in full force and effect as written. 190 of 227 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. Attest: CITY OF SEBASTIAN Az Paul E. Carlisle, City Manager By Jeanette Williams, City Clerk Date: Witness Signature: Print Name: Witness Signature: Print Name: STATE OF FLORIDA COUNTY OF FRANCHISEE: WASTE MANAGEMENT INC. OF FLORIDA Name and Title: (AFFIX CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of , 2021 by as of WASTE MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He/she is personally known to me or has produced as identification. (NOTARY SEAL) NOTARY SIGNATURE: PRINTED NOTARY SIGNATURE Notary Public, State of Commission Number: My Commission Expires: 191 of 227 ORDINANCE NO.0-13-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, the existing residential solid waste collection as approved under Ordinance 0-3-12 expires on June 30, 2013; and WHEREAS, the Council has determined that it is in the best interest of the public that a single provider have an exclusive franchise for both residential and commercial solid waste collection; and WHEREAS, pursuant to a competitive proposal process it has been determined that the public will best be served by granting said franchise to Waste Management, Inc. of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Sections 1. Waste Management, Inc. of Florida, is hereby granted an exclusive franchise to provide residential and commercial solid waste within the City of Sebastian pursuant to the provisions of the FRANCHISE AGREEMENT BETWEEN CITY OF SEBASTIAN AND Waste Management, Inc. of Florida attached hereto and incorporated herein by this reference as if fully set forth herein. Section 2. It shall be a violation of the City Code, punishable as provided in City Code section 1-10, for any person or entity to provide solid waste collection within the City except in accordance with the terms and conditions of the Franchise granted hereunder. 192 of 227 Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This ordinance shall take effect upon adoption. The foregoing Ordinance was moved or adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a Vot4e, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea B. Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this gt—day of t; 2013. CITY OF EBASTIA , LORIDA By: r / 4" W/� � Mayor Bob McPartlan ATTES I�f r ! �r Sally A. Maio MC r City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Almey 193 of 227 Franchise Agreement Between aff a 9 ' AST HOME CDF PELUCAN 9SLfid4-[t!. City of Sebastian and WVW%Plll- WASTE MANAGEMENT Waste Management, Inc. of Florida 194 of 227 This Franchise Agreement ("Agreement") is hereby made and entered into this 12th day of June, 2013, between CITY OF SEBASTIAN, FLORIDA, ("City") and WASTE MANAGEMENT, INC. OF FLORIDA, a Florida corporation, whose address is 2700 NW 48th Street, Pompano Beach, FL 33073 ("Franchisee")_ WITNESSETH WHEREAS, the City desires to engage Franchisee to perform certain solid waste and recycling services within the boundaries of the City; and WHEREAS, Franchisee desires to perform such services pursuant to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: Article 1. Background Recitals 1.0. The recitals set forth above are true and correct and form a material part of this Agreement. Article 2. Term of the Agreement 2.0. The term of this Agreement shall be for a period of five (5) years, which shall begin July 1, 2013. This Agreement shall automatically renew for an additional term ending June 30, 2023, unless either party shall notify the other to the contrary in writing pursuant to Sec. 16.11 not later than July 1, 2017. Article 3. Definitions and Interpretations 3.0. General. To the extent that any definition contained herein conflicts with any similar' definition contained in any federal, state, or local law, the definition herein shall prevail. However, nothing contained herein shall be interpreted to require the Franchisee to undertake any conduct that is prohibited by Applicable Law. Whenever the context may' require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. 3.1. Agreement shall mean this Franchise Agreement between the City and the Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. 2 195 of 227 3.2. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the City or Franchisee under this Agreement. 3.3. Biological Waste shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes, 3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human - disease -causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. 3.5. Council shall mean the City's governing body, which currently is comprised of the City Council of the City of Sebastian, Florida. 3.6. Bulk Trash shall mean any non -vegetative item that cannot be containerized, bagged or bundled, or whose large size or weight precludes its handling by normal, Collection, processing or disposal methods. Bulk Trash includes but is not limited to discarded White Goods that are not Freon -Containing Devices, toilets, pool heaters, water softeners, pianos, bath tubs, sinks, bicycles, and similar household goods, appliances, fixtures and furniture. 3.7. Collect and Collection shall mean the process whereby Solid Waste is picked -up and removed from the location where it is generated, and then transported to the County Landfill. 3.8. Commercial Collection Franchise Area shall mean the City limits of Sebastian. 3.9. Commercial Collection Service shall mean the Collection of (a) Commercial Solid Waste; and (b) Recyclable Materials generated on Commercial Property and from Mobile Home Parks. 3.10. Commercial Container shall mean any container which: (a) consists of four permanently attached sides and a bottom; (b) is made of metal, durable plastic or other non -absorbent material; (c) is free-standing; (d) is emptied or transported by mechanical means; and (e) is used to Collect or store Solid Waste. Commercial -3 196 of 227 Containers include, but are not limited to roll-on/roll-off boxes, dumpsters, Compactors, and similar receptacles used to Collect Solid Waste 3.11. Commercial Property shall mean all of the improved property in the City that is used for: (a) Multiple Dwelling Units; or (b) commercial, institutional, church, not -for - profit, governmental, nonresidential or industrial purposes. 3.12. Commercial Solid Waste shall mean Garbage, Buik Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, Yard Trash, and Industrial Solid Waste generated by or at: (a) commercial business, including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional offices and buildings, including, without limitation, schools and hospitals; (c) churches and not -for -profit organizations; (d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f) Mobile Home Parks that use Commercial Containers; (g) agricultural and industrial facilities; and (h) Construction and Demolition Debris collection in volumes greater than fifteen (15) cubic yards. 3.13. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction mechanism. 3,14. Construction and Demolition Debris shall mean discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted; nontreated wood pallets provided the wood scraps and pallets are separated' from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste;; and (c) De Minimis Amounts of other nonhazardous construction or destruction projects, provided with best management practices of the industry 4 wastes that are generated aft such amounts are consistent 197 of 227 For purposes of this Agreement, the term does not include "Roll-on, roll -off" service at volumes less than fifteen (15) cubic yards. 3.15. Construction and Demolition Debris Commercial Container shall mean a Commercial Container that is used to hold Construction and Demolition Debris. 3.16. Construction and Demolition Debris Service shall mean the Collection and transport of Construction and Demolition Debris in a Commercial Container or a Construction and Demolition Debris Commercial Container in the City by Franchisee. 3.17. Contract Manager shall mean the person designated by the City to act as the City's representative during the term of this Agreement. 3.18. County shall mean Indian River County, Florida. It shall also include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. 3.19. Curbside Collection Point shall mean the location where the Franchisee shall pick up the Residential Solid Waste and Recyclable Materials discarded by a Customer. 3.20. Customer shall mean a Person having a contractual relationship with the Franchisee for Residential Solid Waste Collection Service or Commercial Collection Service pursuant to the terms of this Agreement and the City Code. 3.21. De Minimis Amount shall mean the amount of Solid Waste that lawfully may be included in a container of Recovered Materials or Construction and Demolition Debris. A De Minimis Amount of Solid Waste is three (3) percent, by volume or weight, whichever is more restrictive, as determined by a measurement or visual inspection by the Contract Manager. 322. County Landfill shall mean the Solid Waste Disposal Facility or Facilities owned or, operated by the County. 3.23. Freon -Containing Devices shall mean White Goods, appliances or other, devices that contain or may release Freon, such as refrigerators, freezers, air' conditioners, and dehumidifiers. 3.24. Garbage shall mean all kitchen and table food waste, and any animal, vegetative; food or other organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. 3.25. Garbage Receptacle shall mean any commonly available light gauge steel, plastic„ or galvanized receptacle of a non -absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s), and includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. 5 198 of 227 3.26. Hazardous Waste shall mean any Solid Waste regulated as a hazardous waste by the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency pursuant to Applicable Law. 3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or industrial processes that is not a Hazardous Waste. Such waste many include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products or by- products; inorganic chemicals; iron and steel manufacturing; leather or leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastic products and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. 3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed by, for, or on behalf of the County for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 3.29. Mobile Home Park shall mean any improved real property divided into spaces for the placement of mobile or modular homes or trailers. 3.30. Multiple Dwelling Units shall mean any building containing five (5) or more permanent living units. Multiple Dwelling Units include condominiums, but do not include hotels or motels. 3.31. [Left intentionally blank] 3.32. [Left intentionally blank] 3.33. Person shall mean any and all persons, natural or artificial, including, without: limitation, any individual, firm, partnership, corporation, company, association, social club, fraternal organization, church, religious sect, religious denomination, society,, organization or league, estate, trust, receiver, executor, administrator, trustee, or syndicate, municipal corporation, municipality, district or county of Florida and any other state; any governmental agency or political subdivision of any state or the federal government; or any other legal entity, and any group or combination of the above acting as a unit_ 3.34. [Left Intentionally Blank] 3.35. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent [.1 199 of 227 processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.36. [Left Intentionally Blank] 3.37. [Left Intentionally Blank] 3.38. [Left Intentionally Blank]. 3.39. [Left Intentionally Blank] 3.40. [Left Intentionally Blank] 3.41. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash resulting from the normal housekeeping activities of a Residential Unit or Mobile Home Park that has elected to receive Residential Solid Waste Collection Service. 3.42. Residential Solid Waste Collection Service shall mean the Collection and disposal of Residential Solid Waste generated within the Residential Franchise Area. 3.43. Residential Solid Waste Franchise Area shall mean the geographical area comprising the City. 3.44. Residential Unit shall mean each and every lot or parcel of land that is improved for occupancy as a single-family residence, duplex, triplex, or quadraplex, and any other residence, except a Multiple Dwelling Unit. The term also includes individually -owned mobile or modular homes or trailers that: have residential permanent license tags; are erected on a separate parcel of property; are within the Residential Franchise Area or the Residential Recyclables Franchise Area; and do not receive Commercial Collection Service. 3.45. Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and. solids pumped from septic tanks, grease traps, privies, or similar waste disposall appurtenances. 3.46. Solid Waste shall mean Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered Materials are not Solid Waste. 7 200 of 227 3.47. Solid Waste Disposal Facility means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 3.48. Special Waste shall mean Solid Wastes that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, Yard Trash, and Biological Wastes. 3.49 Standard Issue Container shall mean the collection bin issued by the Franchisee to every subscribing Residential Customer. Such Container shall be a mobile sixty-four (64) gallon collection bin. Franchisee shall deliver the Container to new Customers at the time of their subscription. For the purpose of the initial term of this Agreement, the Franchisee will deliver Containers to existing Residential Customers by October 1, 2013. If the Standard Issue Container is too large for disabled Customers, the Franchisee shall make a reasonable accommodation and issue a smaller sized container to Customer. 3.50. Trash shall mean all accumulations of refuse, rags, paper, paper boxes and containers, sweepings, other accumulations of a similar nature, and broken toys, tools, equipment and utensils. Trash does not include Garbage or Yard Trash_ 3.51. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non -performing party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not an Uncontrollable Force. 3.52. White Goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. White Goods do not include Freon -Containing Devices. 3.53. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings, palm fronds, tree branches and other similar matter. Section 4. Grant of Franchise 4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement, the Franchisee is hereby granted an exclusive franchise and sole authority to provide (a) Residential Solid Waste Collection Service in the Residential Solid Waste Franchise Area and (b) Commercial Collection Service. 4.1. Recvclables. The collection of residential recyclables is not a part of this Agreement. 201 of 227 4.2. Limited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee except those that are expressly identified and conveyed by the specific terms of this Agreement. 4.3. Minimum Requirements for Franchisee's Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services provided by the Franchisee pursuant to Section 4.0 shall fully and strictly comply with the requirements in this Agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not prohibit any Person from gathering, conveying, or processing Recovered Materials, provided such Person otherwise complies with applicable Florida law. No franchise or permit shall be required with respect to Recovered Materials. Containers of Recovered Materials may include a De Minimis Amount of Solid Waste. Containers holding more than a De Minimis. Amount of Solid Waste shall be handled and regulated as Solid Waste. Article 5. Title to Solid Waste and Recyclable Materials 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials. and Recyclable Materials are placed at a Curbside Collection Point or any other approved location for Collection by the Franchisee within the City, the City shall hold title and ownership to all such materials. The Franchisee shall have no right to take, keep., process, alter, remove or otherwise dispose of any such materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that the Franchisee Collects. Article 6. Processing and Disposal 6.0. Processinq. Recovered Materials collection, processing and marketing are outside the scope of this Agreement. 6.1. Solid Waste Disposal. The Franchisee shall dispose of Residential Solid Waste; and Commercial Solid Waste Collected from within the City at the County Landfill. Article 7. Franchise Fee 7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected pursuant to the Franchise granted herein shall be paid to the City, by check, by the Franchisee on or before the fifteenth (15'h) day of each month for all services collected by the Franchisee during the immediately preceding month. Article 8. Residential Services 8.0. Hours of Residential Service- General. Residential Solid Waste Collection Service, shall be provided Monday through Friday, beginning no earlier than 7:00 a.m. and ending 4] 202 of 227 no later than 5:00 p.m, unless previously authorized in writing by the Contract Manager in response to an Uncontrollable Force. 8.1. Days of Residential Service. Residential Solid Waste shall not be Collected by the Franchisee on Sundays or the holidays of Memorial Day, July 41h, Labor Day, Thanksgiving, Christmas, or New Year's Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be Collected by the Franchisee on any holiday when the County Landfill is closed. If Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such holiday if it occurs on a Thursday or Friday. 8.2 Freauencv of Residential Solid Waste Collection Service--Garbaae and Trash. At least two (2) times each week, the Franchisee shall Collect Garbage and Trash from those Customers that requested Residential Solid Waste Collection Service. The Collections of Garbage and Trash shall be at least three (3) days apart. 8.3. Freauencv of Service —Yard Trash. Yard Trash shall be collected from Residential Units receiving Residential Solid Waste Collection Service at least one (1) time per week. Yard Trash shall not be commingled with Garbage. 8.4. Freauencv of Service --Bulk Trash. The Franchisee shall collect all Bulk Trash and Freon -Containing Devices placed at the Curbside Collection Point within four (4) calendar days after receiving a Customer's request to Collect such materials. There shall be no additional charge to the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative location within the County for processing. 8.5. Obliaations Of Franchisee To Residential Customers - General. For Residential Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the paved surface of a public roadway, the closest accessible public right-of-way, or other location agreed to by the Franchisee and Customer that provides safe and efficient access for the Collection crew and vehicle. If a Customer is physically unable to deliver their Residential Solid Waste or Recyclable Materials to the Curbside Collection Point, or the Residential Unit is not readily accessible to the Collection crew or vehicle, an altemative: location shall be designated by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Oblioations. All Yard Trash, except palm fronds, must be bundled, bagged in a biodegradable bag, or containerized by Customer. All Yard Trash must be: separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in length and no more than three (3) inches in diameter; less than fifty (50) pounds; shall not exceed four (4) cubic yards per collection and shall be placed neatly at the Curbside Collection Point by Customer. Natural Christmas trees will be collected as Yard Trash, provided that the sections of the tree are not more than eight (8) feet in length or more than fifty (50) 10 203 of 227 pounds. The Franchisee shall not co -mingle Yard Trash and other types of Solid Waste in the Franchisee's Collection vehicles. 8.5.2. Bulk Trash Obiiaations. Bulk trash shall not be commingled with Yard Trash. A Customers Bulk Trash may not be collected if determined by the Contract Manager and the Franchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system, or of such weight or quantity as would significantly hinder the effectiveness of the Collection or Solid Waste disposal system. 8.6. Manner of Collection . The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to the same location where it was placed by the Customer or the Curbside Collection Point. The Franchisee shall also collect any garbage that may be placed next to the container from time to time. The Franchisee shall reserve the right to refuse collection service, if in the Franchisee's determination that a collection point is being used by more than one subscriber or non-subscriber(s) of the collection service. Throwing or damaging Garbage containers is prohibited. If the Standard Issue Container is deemed defective by the City, the Franchisee shall replace the Container at no additional cost to the customer, 8.7. Routes and Schedules. On or before March 31 of each year, the Franchisee shall, in a format acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at all times and shall strictly follow the schedules and routes filed with the Contract Manger. The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3) calendar days after any change. 8.7.1. Chanaes to Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives the Contract Manager's prior written authorization. The Contract Manager's approval of such changes shall not be unreasonably withheld. In the event that the Contract Manager authorizes a change in schedules that alters the Collection day for any Customer, the Franchisee shall, at its expense, notify each affected Customer by mail or other manner approved by the! Contract Manager not less than one (1) week prior to the change. Article 9. Residential Rates and Billing 9.0. Residential Solid Waste Collection Service Rates. The total rate per Residential Unit for Residential Solid Waste Collection Service charged by Franchisee shall be $11.18 per month as depicted in the rate schedule attached here to and marked Exhibit "A". The foregoing is the total rate that may be charged by the Franchisee for Residential Solid Waste Collection Service and it includes all franchise fees, collection 11 204 of 227 costs, disposal costs and other fees and expenses. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the total rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement. The Franchisee shall not separately state the amount of the franchise fee on any bill to any residential Customer. 9.1. Residential Solid Waste Collection Service Billing. Billing for Residential Solid Waste Collection Service shall be the sole responsibility of the Franchisee. Article 10. Commercial Collection Service 10.0. General. The Franchisee shall provide all Commercial Collection Service within the City. 10.1. Freauencv of Collection. Commercial Collection Service shall be provided at least once per week, except that the Collection of Recyclable Materials may be provided as agreed by the Customer and Franchisee. In any event, Commercial Collection Service shall be provided frequently enough to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. The Contract Manager shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the frequency of the Collection service are sufficient to, ensure that Commercial Solid Waste is not routinely placed or stored outside the Commercial Container. 10.2. Location of Collection of Commercial Containers. Commercial Containers for Commercial Solid Waste or Recyclable Materials shall be placed at locations that are! mutually acceptable to the Franchisee and the Customer, and in compliance with the City's land use ordinances. If a dispute should arise between a Customer and the; Franchisee regarding the location of the Commercial Container, the Contract Manager shall designate the location. 10.3. Commercial Containers Reauired. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition or renovation project shall be: stored in a Commercial Container until removed from the site. All other Solid Waste: generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. 10.4. Non-Conformina Containers Prohibited. The use of any container or receptacle: other than a Commercial Container or a Construction and Demolition Debris; Commercial Container to store Construction and Demolition Debris at a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that is found to be unsuitable or undersized. 10.5. Adiacent Areas. Construction and Demolition Debris or other Solid Waste which is cast, blown, or scattered upon any adjacent property as a result of construction, 12 205 of 227 demolition, or renovation activities shall be removed by the Person responsible for the construction, demolition or renovation activities no later than the end of the day on which the activities occur or earlier if the waste material causes littering. Article 11. Commercial Collection Service and Construction and Demolition Debris Service Rates and Billing 11.0. Rates — General. The Commercial Collection Service rates set forth in this Agreement are maximums, and volume discounts may be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are subject to adjustment as set forth in this Agreement_ 11.1. Rates. All Customers receiving any type of Commercial Collection Service, including Construction and Demolition Debris Service, will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee according to the rate schedule attached hereto marked Exhibit "A". 11.2. Other Charges. The rates for Commercial Collection Service and Construction and Demolition Debris Collection Service do not include disposal fees, maintenance fees, franchise fees, and other extra charges. Such fees shall not be added to a Customer's invoice unless they are individually listed and itemized. 11.3. Billing. Billing for Commercial Collection Service, and for Construction and Demolition Debris Service shall be the sole responsibility of the Franchisee. Article 12. Adjustments to Rates 12.0. CPI Changes in Rates. Compensation payable to the Franchisee for services provided hereunder shall be adjusted upward or downward annually to reflect changes. in the consumer price index for all urban consumers for the Southeastern US, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen by mutual agreement of the City and the Franchisee. Beginning on October 1, 2014, and on each October1 thereafter, the foregoing rate; shall be adjusted to reflect the increase or decrease in the GPI for the immediately preceding twelve (12) month period of June to June, but no increase or decrease shall exceed percent (3%) per annum. The Franchisee shall notify the City in writing of increases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their implementation. 12.1. Change of Law. The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste management legislation and that these and other changes in law in the future, whether federal, state or local, which mandate certain actions or programs that may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this 13 206 of 227 Agreement shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effective date of this Agreement is in conflict with, or requires changes in, the provisions of services to be provided under this Agreement, the parties agree to enter into good -faith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change in law. 12.2. Limitation on Rate Chances. The Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state or local entity imposes a fee, charge or, tax after the date of this Agreement that applies to Franchisee's operations per se, such fee, charge or tax shall be treated as a change in law and shall be passed through as a separate billed item after notice and confirmation by the City. 12.3. Rate Adiustment Procedure. Should the Franchisee seek an adjustment of any charges established and approved by the Council, other than the CP1 Changes in Rates set forth in section 12.0 of this Agreement, then Franchisee shall notify the City in writing, setting forth the schedule of rates and charges which it proposes and a written justification for the request. A public hearing shall be held on the request. The request: for a public hearing shall be submitted to the City with supporting data for review and presentation to the Council. The hearing may thereafter be continued from time to time as determined by the Council. The Council shall make a determination whether the adjustment in charges is necessary and justified under the circumstances provided herein and set forth in Franchisee's justification for rate adjustment. Article 13. General Obligations Of Franchisee 13.0. Prohibitions on Biological. Biomedical, and Hazardous Waste. The Franchisee: shall not Collect Biological Waste, Biomedical Waste, or Hazardous Waste and the Franchisee shall not deliver or dispose of any of the foregoing wastes at the Count}f Landfill. Franchisee shall not Collect any Solid Waste that the Franchisee reasonably believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee: shall immediately notify the Contract Manager if any Customer attempts to deliver such material to the Franchisee or the City. The City shall have the right to inspect the Solid Waste and Recyclable Materials Collected by the Franchisee at any time to determine; whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to ensure that the Franchisee's Customers do not deliver such materials to the Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the Franchisee delivers to the County Landfill. 13.1. StAlaae. The Franchisee shall not litter, and shall not spill Solid Waste or Recyclable Materials, anywhere in the City. Whenever the Franchisee is hauling Solid Waste or Recovered Materials, in the City, the Franchisee shall take all necessary steps to ensure that the material is contained, tied, or enclosed so that leaking, spilling and blowing of such material is prevented. In the event that any material or liquid spills, blows or leaks 14 207 of 227 from the Franchisee's vehicle, the Franchisee shall immediately clean up the spillage, leakage and litter at no cost to the City or the Customer. If a Customer or the Contract Manager notifies the Franchisee that its actions have caused litter, spillage, or leakage within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of any cleanup, remediation or damages shall be the sole responsibility of the Franchisee. 13.2. Financial Reports. Franchisee shall provide to the City annually a financial statement and report that includes an income statement showing the gross revenue received by the Franchisee from the Collection of Solid Waste and other services provided by the Franchisee under this Agreement. The report must include the opinion of a Certified Public Accountant, who has conducted an audit of the Franchisee's books and records in accordance with generally accepted accounting standards which include! tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. The report also must include the Certified Public Accountant's opinion that the Franchisee! has properly calculated and fully paid the franchise fees that are due and owing to the City, pursuant to the provisions of this Agreement. The annual audit shall be delivered to the City within one hundred and twenty days after the end of the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon good cause. 13.3. Customer Complaints. If the City receives a complaint regarding the Franchisee's, service under this Agreement, the complaint shall be immediately forwarded to the Franchisee by telephone, e-mail or facsimile. The Franchisee shall respond to the complaint within twenty-four hours after the Franchisee receives the complaint. When the complaint is received after twelve o'clock noon on a Saturday or on a day preceding an approved holiday the Franchisee shall respond to the complaint no later than the next day that is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within twenty-four hours, by telephone or facsimile, of the action taken to resolve the complaint. 13.3.1 Record. The Franchisee shall keep a written record of all complaints it receives regarding the Franchisee's service under this Agreement. The Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify the time and date when a complaint was received, when the Franchisee responded to the complaint, and when the complaint was resolved. The Franchisee's records and forms shall be kept up to date and shall be maintained throughout the term of this Agreement. Copies of the complaints and forms shall be kept at the Franchisee's office and shall be available for inspection by the Contract Manager during normal business hours. 13.3.2_ Notice of Certain TVDeS of Complaints. The Franchisee shall immediately notifi/ the Contract Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract Manager with a written report about 15 208 of 227 any such matters within three calendar (3) days after the Franchisee receives the complaint. 13.4. Customer Noncomr)liance. If the Franchisee refuses to Collect Solid Waste from a Customer because the Customer failed properly to prepare or place the Solid Waste for Collection, the Franchisee shall provide written notification to the Customer explaining why the Solid Waste was not Collected and what the Customer must do to properly prepare or place the Solid Waste for Collection. The Franchisee's initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the Garbage Receptacle or Solid Waste in question. 13.5. Community Cleanups. The Franchisee shall perform at least two community, cleanups within the Residential Solid Waste Franchise Area each calendar year. The! times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide! appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall Collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. 13.5.1. Special Event Cleanuns. In addition to the Community Cleanups, the! Franchisee shall perform one annual collection event each for electronics, paper shredding and white goods. The time and location of the Special Event Cleanups shall be selected by the Contract Manager and coordinated with the Franchisee. 13.5.2 Waste Watch. Franchisee shall develop a "Waste Management Waste -Watch" Program in the City of Sebastian. 13.6. Collection for Citv Facilities. Franchisee shall provide collection services at Cite facilities at no charge, including special service for the four major City -sponsored festivals held annually at Riverview Park. 13.6.1. The Franchisee shall provide the City with five (5) solar recycling compactors and provide regular collection service and maintenance for each bin. The City shall select the location of each recycling compactor. The location of the compactors may change from time to time. 13.7. Uncontrollable Forces. Neither the County nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this Agreement, if delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non -performing party could not avoid by the exercise of reasonable diligence. Neither party shall, however, be excused from performance if nonperformance is due to forces or events that are preventable, removable, OF remediable and which the non -performing parry could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non -performing party shall, within a reasonable time of being prevented or delayed from 16 209 of 227 performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance of the obligations of this Agreement, and the expected time when performance in compliance with this Agreement will resume. 13.8. Contract Chanaes for Public Welfare. The City shall have the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare. The City shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard concerning the proposed change. The Franchisee shall be reasonably and appropriately compensated for any additional services required of the Franchisee due to any modification in this Agreement under this paragraph. 13.9. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two or more toll free telephone number(s) where service inquiries and complaints can be received by the Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is closed. The Franchisee also shall develop a system, subject to the Contract Manager's approval, for receiving emergency calls from the public at anytime, and for communicating with the City regarding emergency matters. 13.10. Vehicles and Eauioment. At all times the Franchisee shall have a sufficient: number of trucks, Commercial Containers, and other equipment available and in good working condition so that the Franchisee can efficiently perform its contractual duties under this Agreement. The Franchisee shall also have available reserve vehicles and. equipment that can be put into service within twelve (12) hours of any breakdown or malfunction that can provide similar service to the Franchise Area. Vehicles used by the Franchisee in the performance of this Agreement shall be clearly identified with the: Franchisee's name, local phone number, truck number, and tare weight. Letters and number shall be at least four (4) inches high. 13.10.1 List. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with a list of the trucks and other Collection equipment that will bE,, used by the Franchisee to provide services under this Agreement. The list shall includE� the license tag number for each truck and the identification number (if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the Contract Manager during the term of this Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a) trucks and other Collection equipment used in the City for 30 days or less; or (b) bona fide demonstration trucks and other Collection equipment. 13.10.2. Condition of Eauioment. At initiation of the Franchise Agreement, all collection equipment shall be in good working order. The City reserves the right to inspect all 17 210 of 227 equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean, sanitary condition and in good repair. Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back in service. All vehicles and auxiliary equipment shall be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oil, hydraulic fluids, or other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during normal operation. The Franchisee's vehicles shall be in compliance with all Applicable haws, including, without limitation, laws concerning noise, air pollution, and traffic safety. Should the City determine that the Franchisee's equipment does not meet the City's operational and safety standards, the Franchisee shall immediately replace such equipment. At no time during the course of the Agreement shall the Franchisee's equipment become older than twelve (12) years. 13.10.3 Compressed Natural Gas (CNG). By January 1, 2015, the Franchisee shall service the City with an all compressed natural gas equipment fleet. 13.10.4. Eauipment Reauired on Vehicles. All collection vehicles shall carry a broom, a shovel, a fire extinguisher, absorbent materials and other equipment necessary to clean up any spilled materials. 13.10.5. Inspection of Vehicles and Eauipment. The Contract Manager may inspect: the operations, vehicles, and equipment of Franchisee at any reasonable time upon giving of reasonable notice and the Franchisee shall allow the Contract Manager to make such inspections. 13.11. Franchisee's Operations Manager. The Franchisee shall assign a qualified person or persons to be in charge of the Franchisee's operations within the City. Within three (3) days after the City signs this Agreement, the Franchisee shall provide the Contract Manager with a written list containing the names and telephone numbers of the Franchisee's operations manager and other key personnel, and the telephone numbers, that are to be used to contact the Franchisee in the event of an emergency_ 13.12. Personnel. All of the Franchisee's employees shall be properly trained and qualified to perform the tasks assigned to them. The Franchisee shall provide routine training in operating and safety procedures for all of the Franchisee's employees that are directly involved in the Collection or processing of Solid Waste or Recyclable Materials in the County_ Each driver of the Franchisee's vehicles shall at all times carry a valid Florida driver's license for the type of vehicle that is being driven. The Franchisee's employees shall wear a uniform, shirt, or vest bearing the Contractor's name whenever they are Collecting or transporting Solid Waste or Recyclable Materials in the City. The Franchisee's personnel shall not scavenge for Solid Waste or Recyclable Materials. 13.12.1. Polite and Courteous Behavior. The Franchisee's employees shall treat all Customers in a polite and courteous manner. All personnel of Franchisee shall refrain from belligerent behavior and profanity. Franchisee's personnel shall not request tips or m 211 of 227 payment of any kind from Customers. The Franchisee shall promptly take appropriate action to correct any such behavior or language. 13.13. Emplovee Waaes and Benefits. The Franchisee shall comply with all Applicable Laws relating to wages, hours, overtime, disability, and all other matters relating to the employment and protection of employees, now or hereafter in effect. 13.14. Permits and Licenses. The Franchisee shall obtain, at its sole expense, any and all permits and licenses required by Applicable Law in connection with this Agreement and Franchisee shall maintain the same in full force and effect throughout the term of this Agreement. Any revocation of the Franchisee's licenses or permits shall be reported to the City within three (3) calendar days. 13.15. Public Entitv Crimes. No Franchisee may be a person or affiliate identified on the Florida Department of General Services "convicted vendor" list. This list is defined as, consisting of persons and affiliates who are disqualified from the public contracting and purchasing process because they have been found guilty of a public entity crime. The! Franchisee is required to comply with Florida Statutes Section 287.133, as amended, or its successor. The Franchisee shall notify the Contract Manager within three (3) days if the Franchisee is found guilty of public entity crime or placed on the convicted vendor list. 13.16. Nan -Discrimination. The Franchisee, in performing under this Agreement, shall not discriminate against any worker, employee, or applicant or any member of the public because of race, creed, religion, color, sex, age, marital status, disability, or national origin, or otherwise commit an unfair unemployment practice on such basis. 13.17. Natural Disasters and Other EmerAencv Conditions - Variances from Normal Services. In the event of a natural disaster or other emergency, the Contract Manager may grant a variance from the normal requirements of this Agreement. Among other things, the Contract Manager may allow the Franchisee to use other routes, schedules, and disposal sites during the time period in which an Uncontrollable Force prevents the Franchisee from complying with the normal requirements in this Agreement. In such circumstances, the City shall ask the local media to inform the public about the changes in the Franchisee's services As soon as practicable after such natural disaster or Uncontrollable Force, the Franchisee shall resume normal operations. In such cases, the Franchisee shall make the City a priority. 13.17.1. Franchisee Unable to Provide Contracted Services. In the event that the Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, the City may hire other Contractors to provide those services. In such case, the City reserves the right to charge the Franchisee for all costs and expenses that the City incurs while providing the services that the Franchisee is obligated to provide pursuant to the requirements of this Agreement, subject to setoff for the amounts that would have been paid to Franchisee for the services. 19 212 of 227 13.17.2. Rar)id Recovery from Disaster. The clean-up from some natural disasters may, require that the Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee shall not receive any extra compensation (i.e., above the normaC compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franchisee has; received written authorization and approval from the Contract Manager prior to the work. being performed. All such costs may be audited by the City prior to payment. 13.18. Disaster Response Plan. The Franchisee shall develop and provide to the City, a disaster preparedness and response plan by March 31 of each year. This plan shall include provisions for additional personnel and equipment and shall establish a reasonable, verifiable basis for any charges. In the event that excess work resulting from a natural disaster is compensable by the Federal Emergency Management Agency, or any other local, state, or federal agency, any compensation to the Franchisee shall be subject: to such agency's prior approval. The Franchisee shall be familiar with Federal Emergency Management Agency documentation requirements and shall provide the necessary documentation for submission of cost reimbursement requests. The! Franchisee shall be required to submit its Federal Emergency Management Agency documentation of costs as a condition of payment for additional personnel and equipment pursuant to this section. 13.19. Insurance. 13.19.1. Workers' Compensation Insurance. Workers' Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability+ Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by disease and $500,000.00 aggregate by disease. 13.19.2. Liabilitv Insurance. The Franchisee shall, during the term of this Agreement, maintain in full force and effect commercial general liability insurance and automobile liability insurance, which specifically covers all exposures incident to the Franchisee's operations under this Agreement. Such insurance shall be with a company authorized to do business in the State of Florida and which possesses a minimum, current rating of B+ Class VIII in "Best's Key Rating Guide." Each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodily injury, including, without limitation, death, and property damage liability and the general liability shall include but not be limited to coverage for Premises/Operations, Products/Completed Operations, Contractual, to support the Franchisee's Agreement or indemnity and Fire Legal Liability_ In addition to the above liability limits, the Franchisee shall maintain a $5,000,000.00 umbrella andlor excess liability coverage. Liability policy(ies) shall be endorsed to show the City as an additional named insured as its interests may appear, and shall also provide that insurance shall not be canceled, limited, or non -renewed until after thirty (30) days written notice has been given to the City. Franchisee shall provide the City with copies of current certificates of all required insurance concurrently with execution of this Agreement by Franchisee. Franchisee expressly understands and agrees that any insurance 20 213 of 227 protection furnished by Franchisee shall in no way limit its liability to the City or its. responsibility to indemnify and save harmless City and the officials, officers, and employees of the City under the provisions of this Agreement. 13.20. Indemnification. The Franchisee agrees to hold the City and the officials, officers, and employees of the City harmless from any and all liabilities, losses, penalties, costs or damages the City, its officials, officers, and employees may suffer as a result of any claims, demands, suits, or judgments against the City, its officials, officers, and employees arising out of or in any way related to the negligent acts or omissions of the Franchisee or its employees under this Agreement. The Franchisee shall not be required to indemnify or hold the City harmless for any act or omission caused by the sole negligence or willful misconduct of the City or its officials, officers, or employees. This indemnification and hold harmless agreement shall survive the termination or expiration of this Agreement. 13.21. Damage. The Franchisee including, without limitation, its agents, employees and subcontractors, shall perform all services under this Agreement in such a manner so as to avoid damage to public and private property and shall promptly repair or pay for any such damage in conjunction with its insurance adjustment procedures. 13.22. Compressed Natural Gas Fueling Station. Franchise shall construct, operate and maintain a full service compressed natural gas fueling station in the City limits of the City of Sebastian, Florida if the following conditions are met: A. Franchisee shall be awarded a continuing exclusive franchise for solid waste collection in Indian River County during the term of this Agreement or any extension hereof and such franchise has a term of at least three years; B. Franchisee and City shall negotiate in good faith to locate or provide City property for station location and such property, zoning and all restrictions related to the property and the costs associated with its procurement are: acceptable to Franchisee in its reasonable discretion; C. Natural gas infrastructure is reasonably extended to the potential fueling station site; and, D. Franchisee agrees to design fueling station according to City land development regulations; and E. The parties enter into a definitive agreement regarding the property that addresses all issues raised by either party after the specific property is identified. Article 14. Administrative Charges to Franchisee for Failure to Perform 21 214 of 227 14.0. Failure to Pav Franchise Fee. Franchise fee payments received after the fifteenth (15th) day of the month shall bear interest at 18% per year. Except for an Uncontrollable Force, franchise fee payments received more than twenty (20) days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any one calendar year, or failure to make payment within thirty (30) days after the due date, unless due to an Uncontrollable Force shall result in termination of this Agreement. 14.1. Customer Service Complaints. All Customer service complaints received by the Franchisee or Contract Manager and reported to the Franchisee shall be promptly resolved pursuant to applicable terms of this Agreement. Customer service Complaints shall not include Customer informational requests or Recycling Container requests. Customer service complaints may include, but are not limited to, the following: .1 Commingling Solid Waste with Yard Trash .2 Throwing of Garbage Receptacles .3. Failure to collect Solid Waste on schedule .4 Failure to replace Garbage Receptacles or Commercial Containers to the point of collection. 14.1.1. In the event Customer service complaints received from Residential Solid Waste! Collection Service customers exceed any of the following percentage(s): Complaint Tvpe Garbage, Trash and Damage Yard Trash Annual % Monthly % 4% 0.5% 2.5% 0.35% of the Customers in the Franchise Area served by the Franchisee as determined on they first day of each calendar year, the Contract Manager may levy $100.00 administrative! charges for each incident exceeding these percentages, on a calendar year or monthly basis as is appropriate. 14.2. ILeft Intentionally Blankl 14.3. (Left Intentionally Blankl 14.4. Chanaina Scheduled Collection Days without Approval. Changing scheduled Collection days without approval will result in a $2000.00 administrative charge per incident. 14.5. Failure to Clean Up Soillaae. Failure to clean up spillage of any substance required to be cleaned up by and in accordance with the City of Sebastian requirements will result in a $200.00 administrative charge per day, per incident. 14.6. Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular scheduled collection day shall result in an administrative charge of $1,000 for WA 215 of 227 each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is more than ninety percent (90%) complete and is thereafter completed within five (5) hours. 14.7. Other Performance Standards and Administrative Charaes. The Contract Manager may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regard to the percentage of customer complaints including, without limitation: .1. Failure to provide clean, safe, sanitary Collection equipment .2. Failure to maintain office hours as required .3. Operator not licensed _4. Collection Vehicle not licensed .5. Failure to provide documents and reports in a timely and accurate manner _6. Failure to cover materials on Collection vehicle .7 Collection vehicles left standing on street unnecessarily .8. Collection employees out of uniform .9. Not providing schedule and route maps .10. Speeding, upon conviction .11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been missed more than three times per calendar year 12. Failure to respond to Customer calls in a timely and appropriate manner 14.9. Citv Repair of Damaae. In the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable administrative expenses. 14.10. Pavment of Administrative Charaes by Franchisee. The Contract Manager shall notify the Franchisee in writing of the City's intent to assess any administrative charges provided under this Agreement. The Contract Manager shall provide to Contractor an itemized written list of each instance in which Franchisee failed to meet the performance standards specified in this Agreement, including location, and any other available and applicable i of specificity as allowable under the circumstance to the Franchisee monthly, on or before the tent The Franchisee shall have two (2) weeks followin amount of the Administrative Charges or to cont event the Franchisee wishes to contest such asses days after receiving such notice, request in writir Contract Manager and present its explanation an believes any recorded failure to perform within inaccurate. The Contract Manager shall notify * taken with respect to the Franchisee's claim. Fra3 the decision of the Contract Manaaer to the Citv M 23 the nature of the failure, date, time, iformation, with a reasonable degree >. Such itemized list will be provided i (10th) calendar day of each month. I receipt of such list to pay the entire ,,st same as set forth herein. In the sment it shall, within ten (10) calendar g an opportunity to be heard by the I any basis on which the Franchise; the standards of this Agreement is Franchisee in writing of any action ichisee may further appeal, in writing, inaaer. who shall conduct a review of 216 of 227 all of the facts and circumstances, and make a determination in writing. The decision of the City Manager will be final. Article 15. Default 15.0_ Causes of Default . The City may terminate this Agreement, except as otherwise provided below in this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events: .1. Filina of Insolvencv or Bankruptcy. Franchisee shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the re -adjustment of its indebtedness under the federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; .2. Declaration of Bankruptcv. By order or decree of a Court, Franchisee shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Franchisee, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such stayed judgment: or order is reinstated in which case, said default shall be deemed immediate; .3. Control by Receiver. Trustee. or Liquidator. By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmenta board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Franchisee, and such possession or control shall continue in effect for a period of sixty days; or .4. Failure to Perform Services under Agreement. The Franchisee has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or has wrongfully failed or refused to comply with the instructions of the Contract Manager relative thereto, whether such default is considered minor or major, and such default is not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Franchisee of written demand from City to do so, Franchisee fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden of proof to demonstrate that the default canno'l be cured within thirty (30) days, and that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). Failure to make! timely payment of the Franchise Fee shall not be considered a curable default. 24 217 of 227 .5. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the! term of this Agreement been found to have Collected Residential Solid Waste generated from outside the Residential Solid Waste Franchise Area from non -Customers without: the prior written approval of the Contract Manager. 15.1. Interim Collection Services. Notwithstanding anything contained herein to the! contrary, if Franchisee fails to provide Residential Solid Waste Collection Service for a period of three (3) consecutive scheduled Collection days, the City may obtain the! Franchisee's Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume performance at the end of ten (10) working days, all liability of the City under this. Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated by the City. 15.2. Habitual Violator, Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event than Franchisee's record of performance shows that Franchisee has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Franchisee, in the reasonable opinion of the City and regardless of whether Franchisee has corrected each individual default, Franchisee shall be deemed a "habitual violator," shall forfeit the right to any further notice or grace period to correct or cure future defaults, and ail of such defaults shall be considered cumulative! and, collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue a final warning letter to Franchisee, setting forth in detail all of the facts and circumstances constituting the determination of "habitual violator." Thereafter, any single default by Franchisee of whatever nature shall be grounds for immediate termination of this Agreement_ In the event of any such subsequent default, the City may terminate this Agreement upon the giving of written final notice to Franchisee, such termination to be effective on the date set forth in the final notice, and all contractual fees due under this Agreement plus any and all charges and interest shall be payable to such date, and Franchisee shall have no further rights under this Agreement. Immediately upon receipt of such final notice, Franchisee shall proceed to cease any further performance: under this Agreement. 15.3. Date of Agreement Termination for Default. Except as otherwise provided in this section, termination shall be effective upon the date specified in Citys written notice to Franchisee and upon such date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for Collection services. The Franchisee shall reimburse the City for all direct and indirect costs of providing interim Collection service. Article 16. General Provisions 25 218 of 227 16.0. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Franchisee shall survive the termination or expiration of this Agreement. 16.1. Waiver. The failure of the City at any time to require performance by the Franchisee of any provision hereof shall in no way affect the right of the City thereafter to enforce the same. No waiver by the City of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16.2. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy under this Agreement shall preclude any other or further exercise thereof. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 16.3. Governinq Law and Venue. This Agreement shall be governed by the laws of the! State of Florida. Any and all legal action necessary to interpret or enforce the Agreement: will be held in Indian River County and the Agreement will be interpreted according to the laws of Florida. The parties hereto expressly waive all right to trial by jury of any dispute! relating to this Agreement. 16.4. Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement from being void should a. provision which is of the essence of the Agreement, at the option of the City, be; determined to be void. 16.5. Assignment and Subcontractinq. 16.5.1 Assignment of Entire Agreement. No assignment of this Agreement or any right occurring under this Agreement shall be made in whole by the Franchisee without the express prior written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the express prior written consent of the City shall be null and void and shall be grounds for the City to declare a 26 219 of 227 default of this Agreement and immediately terminate this Agreement by giving written notice to the Franchisee. Upon the date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for the services that are the subject of this Agreement. In the event of any permitted assignment, assignee shall fully assume all the liabilities of the Franchisee under this Agreement. 16.5.2. (Left Intentionally Blankl 16.6. Modification of the Aareement. This Agreement constitutes the entire agreement. and understanding between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, matters, whether oral or written, relating to such matters and this Agreement shall not be! considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment: executed by both parties. 16.7. Independence of Parties. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or joint venturers between the parties hereto, or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. They Franchisee is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 16.8. Resolution of Disputes. Except as specifically provided herein, any and all disputes or disagreements arising out of this Agreement shall be subject to the decision of the Contract Manager, with right of the Franchisee to appeal to first the City Manager, and thereafter to the Council, whose decision shall be final and binding, During any dispute, the Franchisee shall continue to render full compliance with this Agreement regardless of the nature of the dispute, unless the City specifically notifies thE� Franchisee otherwise_ 16.9. Representations of the Franchisee. The Franchisee represents that: (a) it is El corporation duly organized under the laws of the State of Florida; (b) this Agreement has been duly authorized, executed, and delivered in the State of Florida; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions_ The terms of the Agreement shall not be construed against either party as the "drafter" of the document_ 27 220 of 227 16.11. Notices. All dealings, contacts, notices, and payments between the Franchisee and the City shall be directed by the Franchisee to the Contract Manager and by the City to the Franchisee's Project Manager, each of whom shall be designated and identified to the other party, in writing, Upon execution of this Agreement. Any notice, demand, communication, or request required or permitted under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attention: City Manager Copy to: City Attorney As to the Franchisee: Waste Management Inc. of Florida c/o Harris Sanitation 7382 Talona Drive West Melbourne, Florida 32904 Attention: District Manager Copy To: Waste Management Inc. of Florida 2700 NW 48t" Street Pompano Beach, Florida 33073 Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 4:30 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. 16.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute; but one and the same instrument. 16.13. Headinas. Captions and headings in this Agreement are for ease of reference: only and shall not constitute a part of this Agreement nor affect its meaning, construction, or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the: date and year above written. 28 221 of 227 Attest - By W )41- Sally Maio, Cilyoerk Approved by: B� �- Y Robert A. Ginsburg, City Attorney �7 Witness Signature: 1 � Print Name: Witness Signature• Cl, Print Name: (J teq r-,eo STATE OF FLORIDA COUNTY 0F_9m,0 WrZD r AZT—.1I'll Lai 111&14 A By Name an11 d7itle �c (AFFIX CORPORATE SEAL) The foregoing instrument was ack�wledged before me this �day of UU. 2013 by�7 ?Y'B.N�1R i,I� 1J5 as�L_J'tDIaOT of WASTE MANAGEMENT INC. OF FLORIDA., a Florida corporation, on behalf of same. He/she is personWLym, to me or has produced as identification. (NOTARY SEAL) 29 NO=ARYGNATURE: PRINTED NOTARY SIGNATURE Notary Public, State of W �a ......{, MMCIiPJ9TAJOHW,0'- Commission Number: * * MrON SONIM949140 My Commission Expires: ��At EXPIRES- Janrnry29,2014 ��nd. BondedlMnBwg�NoGryServtces 222 of 227 Exhibit "A" City of Sebastian -Solid Waste Franchise Sebastian Effective 71112013 F R E Q U E N C Y Ilnclu les Container Service Charge) Container 1 2 3 4 5 6 Service XPU 2 46.38 76.28 106.18 136.08 16596 195.88 , C, 4; . 16.00 3 61.33 106 18 151.D3 195.88 24073 285.58 16,48 24.00 4 76.28 136.08 19588 255.68 31548 375.28 16.48 32.00 6 106.18 195.88 285.58 375.28 454.98 554 68 16.48 48.00 a 136.08 255.68 375.28 494.86 614.48 734.C8 16.48 64.00 6% Franchise Fee included in all charcies 3 45, Billed Cubic Yard 000 Billed Loose Yard 0.00 fuel Surcharge per AccounlYRafe adlustmenl nroredure 13 80 Billed Cubic Yard Compactor (Harris Same) FEL Compactors 801, Billed extra pickup per FEI, cubic yard 24 00 Billed extra pickup per FEL compactor cubic yard COMMERCIAL CART RATE TO CUSTOMER- WASTE MANAGEMENT -BILLED: One Cart 2x 1Nk Each AddO Car? 196 Galion $15,a0j $15.901 RESIDENTIAL RATES TO CUSTOMER- WASTE MANAGEMENT• BILLED: Addifonal Cart Garbage 2x Yard Trash ?x Totai Ouarterly Quarterly single Home S11,18I "w-ool 511.18I 5 33.54 I S33.541 WM 64 Gallon Cart - Default WM 36 Gallon Cart - Option lResidential Cart Delivery or Removal Charge - stop service or add'[ cart 1 525.00j Lost CarUCuslomer Abuse Charge I 1 $75.001 Note: Handicap "backdoor" service at above rates No additional cost Container Coiling Pull Service Rollor9 Service Rate Charge 15 Yard Open Top Per Pull 1192.73 $99 00 20 Yard Open Top Per Pull $192,73 $99.00 30 Yard Open Top Per Pull $192.73 $99.00 40 Yard Open Top Per Pull $192.73 $99.00 20 Yard or less COMPACTION Containers Pcr Pull $192.73 $120,00 21 to 40 yard COMPACTION conlainers Per Pull $192.73 $120,00 ABOVE RATES ARE SUBJECT TO ADDITIONAL L-ANDFILL FEES Minimum one haul per month, no container service charge 223 of 227 Cn of SE HOME OL PELICAN ISLAND COUNCIL MEETING DATE CITY COUNCIL AGENDA TRANSMITTAL February 24, 2021 AGENDA ITEM TITLE: Consider Supervisor Swan's Request to Hold 2022 Early Voting in Council Chambers — Consider Rescheduling October 26, 2022 Council Meeting BACKGROUND: There will be a Primary and General Election in 2022 that will require early voting and affect the October 26, Council Meeting. The City of Sebastian Charter provides for "at least" one city council meeting per month. Council meetings are scheduled on the 2"d and 41" Wednesday of each month. Attached are the calendars for the two election dates. RECOMMENDATION: Review and consider Supervisor Swan's request. If necessary, reschedule the October 26, 2022 Council Meeting. ATTACHMENTS: Letter from Supervisor Swan, August/October/November Calendars Clerk Authorization: Date: 2 -f -z UZ if 224 of 227 1� 'mt '' _ Leslie R. Swan Supervisor of Elections Indian River County i .fit 111-'' January 28, 2022 Jeanette Williams City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Jeanette, Your Vote is Your Voice... Speak lip! The City of Sebastian has been a valued partner with the Indian River County Supervisor of Elections for many years. We would like to request the use of the City Council Chambers during the 2022 election season to conduct early voting. Primary Election Early Voting Dates August 13, 2022 — August 20, 2022 General Election Early Voting Dates October 24, 2022 — November 5, 2022 The Supervisor of Elections requires access to the location for set up prior to the early voting period, and sole occupancy on the days of early voting from 6:30 a.m. until the Election Board has completed all procedures. We sincerely appreciate your consideration and look forward to our continued partnership. Most sincerely, Leslie Rossway Swan Supervisor of Elections 4375 4 "' Avenue, Vero Beach, FL 32967 (772) 226-3440 • FAX (772) 770-5367 L".w,,v.votelndl,-t111'1vel'.COnl 225 of 227 August 2022 Sun Mon Tue Wed Thu -Fri Sat 1 2. 3, 4 5 6 7 a 9 10 11 12 13 14� 15 16 17 18 19 20 Ya stiat+e P & Z VcUng BEIrly VaLir1 i 21 22 23 ! GU Uil 24. 25 26• 27 28 29 30 31 print-a-calendancom October 2022 Sun Mon Tue Wed Thu Fri Sat i 2 3 4 5 6 7 B 9 10 11 12 13 14 I5 16 17 18 19 20: 21 22 23 24 25 26 27 28 29 Parks & pec --early �titr� 30 31 I 1 Z 3' A Y S I�tI P & Z vc . print-a-caiendancom 226 of 227 Precinct(s) # Sebastian Citv Hall A G RE E MEN T for 2021 -2022 Re: Use of Facilities as Polling Place THIS AGREEMENT, made this 26th day of January 2021, by and between the INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS (Hereafter SUPERVISOR), and Sebastian City Hall (Hereafter PROVIDER), WI TN ESSETH: WHEREAS, polling in Indian River County has traditionally been held in places such as churches, community centers, and civic organization buildings; and WHEREAS, orderly administration dictates that a contract for the use of these facilities be entered into between the SUPERVISOR and the PROVIDER; NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the receipt of which is hereby acknowledged, SUPERVISOR and PROVIDER agree as follows: 1. PROVIDER shall allow the SUPERVISOR the use of its facilities as an early voting polling place for the election(s) to be held: August 13 - August 20, 2022 - PriinaryElection October 24 - No vember 5, 2022 - General Election Any Special Elections 2. PROVIDER shall allow the SUPERVISOR access to the facilities for the placement and removal of voting equipment and other related equipment beginning one week before and ending one week after early voting. The Supervisor of Elections shall have access to the location for set up prior to commencement of the early voting period and sole occupancy on the days of early voting from 6:30 a.m. until the Election Board has completed all procedures. 3. SUPERVISOR shall cause to be issued insurance in the amount $200,0001$300,000 covering "all elections at all polling places that are held during the above -described period." IN WITNESS WHEREOF, SUPERVISOR and PROVIDER have entered into this agreement on the first date above written. PROVIDER: INDIAN RIVER COUNTY, FLORIDA SUPERVISOR ELECTIONS By 227 of 227