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Home My WebLink About04-26-2023 CC Agenda0IN i'4 SEBA"" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL & COMMUNITY REDEVELOPMENT AGENCY MEETING AGENDA WEDNESDAY, APRIL 26, 2023 — 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 9EBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Dixon 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. A. Presentation — United Against Poverty, Matt Tanner, Executive Director BriefAnnouncements: Friday, April 28 - Chamber of Commerce's Concert in the Park St. John's Wood (Brittish 50's & 60's) -- 5:30pm — 8pm Saturday, April 29 from 9: 30am to 5pm & Sunday, April 30 from loam to 4pm - Barb Snow's 1st Annual Springtime Garden Festival in Riverview Park Thursday, May 4 - National Day of Prayer at City Hall Courtyard—12:20pm—12:40pm Friday, May 5 - Chamber of Commerce's Concert in the Park - MJ Wicker (Jimmy Buffet style) — 5: 30pm — 8pm 1 of 124 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input "provides an opportunityfor individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked 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. RECESS CITY COUNCIL MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING pgs 6-9 A. Approval of Minutes — October 12, 2022 CRA Meeting pgs 10-25 B. Fiscal Year 2022 CRA Annual Report in Accordance with F.S.163.371 - Accept and Forward to City Council (Transmittal, Report) 9. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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 26-40 A. Approval of Minutes — April 12, 2023 Regular City Council Meeting pg 41 B. Prior Authorization for Council Travel to Florida League of Cities Annual Conference — August 10-12, 2023 at the Hilton Orlando Bonnet Creek (Transmittal) pg 42 C. Fiscal Year 2022 CRA Annual Report in Accordance with F.S.163.371 Acceptance by City Council (Transmittal, See Pages 11-25 for Report) pgs 43-44 D. Approve the Florida Department of Transportation's Request to Use the Council Chambers on May 25, 2023 for a Public Meeting for the SR-5/US 1 Resurfacing Project from Harrison Street to South of Davis Street (Transmittal) 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. pgs 45-60 A. Planning and Zoning Commission (Transmittal, Annlications, List, Advertisement) i. Fill One Expired, Regular Member Position — New Term to Expire 4/l/26 2 of 124 B. Centennial Task Force i. Progress Update 12. PUBLIC BEARINGS Procedures for le-aislative public hearin-as: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 61-91 A. Second Reading and Public Hearing of Ordinance No. 0-23-06- Granting an Exclusive Franchise Agreement for Residential and Commercial Solid Waste Collection to Waste Management. Inc. (Transmittal. 0-23-06. Agreement) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND EFFECTIVE DATE. 13. UNFINISHED BUSINESS pg 92-105 A. Discussion on City Attorney Recruitment (Transmittal, letters, budget) 14. NEW BUSINESS pgs 106-110 A. Award the Financial Auditing Services RFP #23-03 to Carr, Riggs & Ingram, LLC to Perform Auditing Services for the City of Sebastian and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Bid Tab, Response, F.S.218.391) pgs 111-114 B. Award RFP #23-02 Golf Course Driving Range Netting and Airport Netting to Golf Range Netting, Inc. to Replace Damaged Netting at the Sebastian Municipal Golf Course (Transmittal, Bid Tab, Responses) pg 115 C. Amend the Golf Course Budget for an Additional $45,000 from the Golf Course Cash Reserves for Repairs to the Golf Carts (Transmittal) pgs 116-118 D. Approve Staffs Request to Allocate $35,000 from the General Fund Reserves to Begin Preparing for the 2024 Centennial Celebration (Transmittal, R-22-02) pgs 119-120 E. Approve an Agreement with Indian River Media Group to Produce the Sebastian at 100 Souvenir Magazine (Transmittal, Proposal) 3 of 124 pgs 121-124 F. Discussion on City of Sebastian Employee Handbook (Transmittal, DCF Handbook Table of Contents) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Council Member Dodd B. Council Member McPartlan C. Mayor Jones D. Vice Mayor Nunn E. Council Member Dixon 19. ADJOURN (All meetings shall adjourn by 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BYA 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 TESHMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) 17V COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECLIL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 - ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. TWO OR MORE CENTENNIAL TASK FORCE MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING ZOOM INFORMATION Please click the link below to join the webinar: https:Hus02web.zoom.us/j/8649452763 5?pwd=Wnp6aXhrNj EyQkdgTVIYY25EYTE4ZzO9 Passcode: 837784 Or One tap mobile: US: +13052241968„86494527635#,,,,*837784# or +13017158592„86494527635#,,,,*837784# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 305 224 1968 or +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799 or +1 646 9313860 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 360 209 5623 or 4 of 124 +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 or +1 669 444 9171 or +1 669 900 6833 or +1 689 278 1000 or +1 719 359 4580 or +1 253 205 0468 Webinar ID: 864 9452 7635 Passcode: 837784 International numbers available: https://us02web.zoom.us/u/kbFUZgP2n2 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular City 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); v 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 Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5of124 COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached July 27, 2022 Community Redevelopment Agency minutes were approved at the September 28, 2022 Community Redevelopment Agency meeting. Chairman Jim Hill ATTEST: Jeanette Williams, City Clerk 6of124 Regular City Council Meeting October 12, 2022 Page 3 Presentation to Mavor Jim Hill Vice Mayor Jones presented an award on behalf of Council and the employees to Mayor Hill for his 20 years of service to the community. Mayor Hill acknowledged that while Council is dedicated to community, it's the employees that make everything tick in the City of Sebastian. Brief Announcements: Satur dav, October 15'h - 2n`t Annual Unity Cup Golf Tournament Fundraiser for the COPE Unit - Sebastian Munic€pal Golf Course - 7:00am to 3:00prn Thursday, October 20th - Sebastian PD Community Night Out - Rivei-viesv Park -- 5:00pm - 7:30pm - Serving snots cones, popcorn, and hotdogs Saturday & Sunday. October 2-1 c- 23 -.Barb Shows Halloween Boo Bash - Rivenieiv Park - (Sat 9:30am-5pnt) (Suer 1 darn-4pm) October 24 until November 5 Early Voting in the Council Chambers.from S a.m. until 4 p.m. Friday, October 28M - Leisure Services Department Halloiveen Costume Contest -- registration begins @ 5:30pm -- Actual contest @ 6:15pm - Sebastian PD COPE Unit's Family Movie Night - 7:00pnr - 8:30pm - in the field next to the Twin Piers - "Hocus Pocus " (1993 - Rated PG) Saturday, October 29th - Sebastian Exchange Club Junior Blue Ii'ater Opel? Fishing Tournament - Twin Piers by Riverview Park - 9: 00am - 2: 00pm November 4`65r1', 6'1, - 71te 1911: Annual Clambake Lagoon Festival at Rivervicnty Park - (Friday 2-9pnr) (Saturda); Ilanr-9pnr) (Sunday Ilan-5pm) Thursday, November 10th - FDOT Public Meeling.Jor the U.S. 1 Reconstruction and Resurfacing -- Council Chambers Friday, November 1Veterans DaY Observance at Veterans Mcr11orial in Ritveii iew Park - Ilant Vice Mayor Jones announced the upcoming events. 7. Mayor Hill recessed the City Council meeting and convened the Community Redevelopment Agency meeting at 6:20 p.m. A. MOTION by Mr. Dodd and SECOND by Mr. Nunn to approve the minutes of the July 27, 2022 CRA Meeting passed with a unanimous voice vote of 5-0. 7of124 Regular City Council Meeting October 12, 2022 Page 4 B. Septic -to -Sewer Grant Program i. Ant)rove Grant Reauest for 1716 U.S. Highwav 1 — Krasco Real Investments. Inc. (Transmittal. Application. Ouote. Tax Receipt. Deed. Letter) The City Manager asked the board to approve the grant request in the amount of $5,000.00. There was no public input. MOTION by Mr. Dodd and SECOND by Mr. Nunn to approve the grant request from Krasco Real Investments. Roll call: Vice Chairman Jones - aye Mr. Dodd - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Motion carried. 5-0 22.159 C. Approve DEO Grant Agreement for Riverfront CRA Sustainable Economic Redevelopment Plan (Transmittal. Contract. Letter) The City Manager said this would provide for an economic plan along the river. There was no public input. MOTION by Vice Chairman Jones and SECOND by Mr. Dodd to approve the Florida Dept. of Economic Opportunities Grant Agreement for the CRA Sustainable Economic Redevelopment Plan. Roll call: Mr. Dodd - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Vice Chairman Jones - aye Motion carried. 5-0 22.160 D. Approve CSA #4 GAl Consultants, Inc. Communitv Solutions Groun (GAUCSG) DEO FY 2022-2023 Community Planninn Technical Assistance Grant (Transmittal. CSA#4. Ex. A) The City Manager said this would allow GAl Consultants to develop the sustainable economic plan for the riverfront. There was no public input. MOTION by Mr. Dodd and SECOND by Mr. Nunn to approve the Continuing Services Authorization #4 to GAI Consultants, Inc. 8 of 124 Regular City Council Meeting October 12, 2022 Page 5 Roll call: Mr. McPartlan - aye Mr. Nunn - aye Chainnan Hill - aye Vice Chairman Jones - aye Mr. Dodd - aye Motion carried. 5-0 8. Chairman Hill adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:24 p.m. All members were present. Added LOCAL STATE OF EMERGENCY The City Manager said extending the City's emergency was a precautionary measure to receive FEMA authorization to bring in a debris contractor to take away the storm related vegetation from Hurricane Ian. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve the Declaration of a Local State of Emergency in the City of Sebastian passed with a unanimous voice vote. (5-0) Leone] Morejon•Almago introduced himself and said lie would like to be on the next agenda with an outline on how to bring a 24 hour, seven day a week children's emergency clinic to Sebastian. Mayor Hill advised hint to contact the City Manager. Trevor Loomis, President, Indian River Habitat for Humanity, briefly described the lack of affordable workforce housing and said Habitat for Humanity would like to work with the City to acquire land to mitigate the housing; crisis issues. Frank Nolan described the difficulties in obtaining affordable housing for Himself and his friends. He warned there will be additional homeless people unless something is done to address the housing crisis. Sarah Carlson said in 2017, she bought an older home surrounded by vacant lots which is no longer the case. New homes, built higlier to the new coda, have filled in the vacant lots making her home the new neighborhood retention pond. She said she has spoken to the Storinwater Department who has informed her that addressing the flooding issue was her responsibility. She has spent S 10,000 to make corrections and doesn't feel that she is done yet. She asked if there was anything that can be done for her and the others like her with older homes. Mayor [dill asked her to contact the City Manager directly. 9of124 %7M 15Ek3AN �i HOME OF PELICAN ISLAND CRA BOARD AGENDA TRANSMMAL Council Meeting -Rate: April 26, 2023 Agenda Item Title: Annual Sebastian CRA Report FY 21/22 Recommendation: Move to accept the Annual Sebastian CRA Report 2022 Background; Florida Statues require the Community Redevelopment Agency to file a report of activities to the primary government each year. The annual Sebastian Community Redevelopment Agency report of activities for the fiscal year ending September 30, 2022 is presented to the Community Redevelopment Agency Board of Directors for review and approval. Following acceptance by the City Council, the report will be published on the agency's website and sent to the taxing agencies. If Agenda Item Re)luires Exnenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation; N/A Attachments: 1. 2022 CRA Annual Activity Report Administrative Services Departm t Review:/1 U City Attorney Review: ,✓/Procurement Division Review, if applicable: City Manager Authorization:, Date: 10 of 124 SEBASTIAN RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT Chapter 163.371 Morida Statute mvoF E TIAN HOME OF PELICAN ISLAND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 11 of 124 SEBASTL4 N RIVERFRONT CONE%1UNITY REDEVELOPMENT AGENCY ANNUAL REPORT TABLE OF CONTENTS Letter of Transmittal List of Principal Official's History Exhibit I - Sebastian CRA Boundary Accomplishments FY 2022 Sebastian CRA Performance Activities Table I — Performance Activities 2022 Table II — Septic to Sewer Grant program Table III — Fagade, Sign, & Landscape Grant i u 1 2 3 4 4 4 5 Tax Increment Revenues 5 Exhibit 11— Operating N illage Rates in Redevelopment Area 6 Exhibit III — Taxable Value in Redevelopment Area 7 Exhibit IV — Tax Increment Revenue 8 Financial Statements 9 Balance Sheet 9 Statement of Revenues, Expenditures, and Changes in Fund Balances 10 Budget and Actual 11 12 of 124 a1YOF SET HOME OF PELICAN ISLAND March 31, 2023 Sebastian Community Redevelopment Agency Board Chairman and Members City of Sebastian, Florida Dear Board Members: We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for the fiscal year ended September 30, 2022. In accordance with Chapter 163.371 Florida Statutes, each CRA is required to file with its governing body on or before March 31 each year a report of its activities for the preceding fiscal year. This report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement, the report provides additional information concerning the benefits afforded by the agency to other jurisdictions and citizenry in general. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the Sebastian CRA's operation and financial activity have been included. Respectfully submitted, 4 Lisa Leger Frazier, AICP Community Development Director/CRA Manager City of Sebastian y Kenneth W. Killgore 1 Administrative Services Director City of Sebastian 13 of 124 LIST OF PRINCIPAL OFFICIALS Community Redevelopment Board As of September 30, 2022 Chairman Fred Jones Vice Chairman Christopher Nunn Board Member Kelly Dixon Board Member Ed Dodd Board Member Bob McPartlan ii 14 of 124 History of the Sebastian Community Redevelopment Aeencv (Sebastian CRA) The Sebastian Community Redevelopment Agency (Sebastian CRA) was created in 1995 by the City of Sebastian City Council under Chapter 163, Part III of the Florida Statutes. The original Sebastian CRA includes an area generally bounded on the north, south and eak by the City limits as of 1995, and on the west by the FEC Railroad right-Df--way. The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include the Sebastian Boulevard "Triangle" area west of the FEC Railroad right-of-way, which includes industrial and commercial land use. The total Sebastian CRA land area is .:, .,..:...ately 398 acres (Exhibit 1). Excluding road rights - of -way, zoning and land use covers approximately 299 acres. The governing body of the Sebastian CRA is the Sebastian City Council. The CRA Board is comprised of five (5) members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property, to approve development plans, to implement a 1 ��.,�.... of voluntary or compulsory rehabilitation of buildings, to mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions. The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad valorem tax attributed to the increase in the assessed property value over a set `base year" for the redevelopment area. The government jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian River County Board of County. Commissioners. After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, establishing a new base year for this area of the CRA. The redevelopment plan was also modified on behalf of the Sebastian CRA in 2003, unifying the 1995 Sebastian CRA boundary and the expansion area as one cohesive CRA. The Master Plan was again updated in 2010, presenting conceptual district recommendations, potential policy amendments, and capital improvements intended to meet the City's redevelopment goals. Termination of Sebastian CRA (F.S.163.37551 A community redevelopment agency in existence on October 1, 2019, shall terminate on the expiration date provided in the agency's charter on October 1, 2019, or on September 30, 2039, whichever is earlier. Unless the governing body of the County or municipality that created the community redevelopment agency approves its continued existence by a majority vote of the members of the governing body, the Sebastian CRA shall sunset on September 30, 2039. Riverfront CRA Amual Report 2022 Page 1 Accomalishments of the Sebastian Community Redeveloument Aeenev (Sebastian CRAJ The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3). The Sebastian CRA has continued to move towards achievement of the goals set out in the adopted Community Redevelopment Master Plan (2010). Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished. Accomplishments are as follows: o Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001. ❑ Developed community redevelopment master plan in 2003. ❑ Completed Jackson Street extension, sidewalk, and street light project in 2004. ❑ Completed improvements to the Yacht Club including the finger pier project. ❑ Completed construction on the Indian River Drive/Main Street intersection project. ❑ Established a Facade, Sign and Landscaping matching grant r.. � & X..... ❑ Received contribution from the Clambake Foundation and provided the balance of funding for the Flag Pole project, which enhanced the view at the western entrance to the CRA area. ❑ Contributed $20,000 to a film production about the story of Pelican Island. ❑ Constructed information boards at Riverview Park and at the Main Street Boat Ramp Park. ❑ Updated the CRA Master Plan in 2010. ❑ Provided matching funds to the Stan Mayfield Grant that was used for the purchase of the Working WA. ,f. Properties. Executed lease with Crab E. Bills for a commercial retail fish market and a retail commercial limited food service "Eatery'. ❑ Established a Sewer Connection Grant Program in 2015 to encourage septic to sewer conversions and reduce pollution into the Indian River Lagoon. Obtained funding assistance from IR1-NEP for the Septic to Sewer assistance program in 2018 to the present. ❑ Completed roadway improvements to the Presidential Streets and Baffle Box installation for improved water quality at the outfalls. ❑ Completed repairs to the CavCorp boat parking property. o Completed a Riverfront Parking Study in 2011 resulting in the establishment of the Parking -in -lieu r... ;,.:.... for parking within right-of-way of business district. ❑ Provided continued financial support for many events within the Riverfront District that attract many participants, providing revenue to our local businesses since 2000 including: Pelican Island Festival, Earth Day, Clam Bake, Shrimpfest, Concerts in the Park Series, and Fine Art Festival. ❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season. ❑ Acquired property along the Indian River shoreline for preservation as an extension of public property. ❑ Re -paved Indian River Drive and improved drainage swales and provided new enhanced pedestrian cross walks. ❑ Funded necessary repairs to the Working Waterfront historic property including: historic building repairs; new elastic coating roof, new plumbing and dock maintenance. ❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities. ❑ Completed design work on the Landscape and Signage for the Working Waterfront and CRA District. ❑ Completed conceptual park design and canopy tree preservation plan for Riverview Park that included: trees, sidewalks, parking, and event areas. ❑ Initiated Sign Master Plan design by inc..,,.,.,i:..g compatible public property identification signs throughout Riverfront CRA District. ❑ Completed Riverview Park Sidewalks per the Park Master Plan. ❑ Continued implementation of the Sign Master Plan for the Working Waterfront and Riverfront CRA District. ❑ Completed construction of the Working Waterfront Shoreline Protection and Commercial Fishing Distribution Center Parking Lot Improvement Plan. ❑ Completed Florida Inland Navigation District fimds reporting for Fisherman's Landing Working Waterfront Park. ❑ Completed pedestrian walking trail connection from US Hwy 1 to Indian River Drive by constructing sidewalk on N. Central Avenue as part of CDBG action plan. ❑ Continued funding of improvements to River&ont Park including irrigation and landscape. ❑ Worked with FDOT on Complete Streets design for pending improvement project on US Hwy 1. 17 of 1 ?4 Riverfront CRA Annual Report 2022 Page 3 FY 2022 Sebastian CRA Performance Activities Major activities and accomplishments of the Sebastian CRA in 2022 are shown in TABLE I and described below. ❑ Provided financial support for many events within the Riverfront District that attract many participants, providing revenue to our local businesses including: Clam Bake, Shrimpfest, Concerts in the Park Series, and Fine Art Festival. ❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season. ❑ Continued funding grant programs that support public private projects including: the Septic to Sewer assistance program (TABLE 11) and the Fagade, Sign and Landscape grant program (TABLE III). ❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities. ❑ Continued implementation of the Sign Master Plan for the Working Waterfront and Riverfront CRA District. ❑ Completed Florida Inland Navigation District funds reporting for Fisherman's Landing Working Waterfront Park. ❑ Provided waterfront/streetseape maintenance & facility improvements. ❑ Continued funding of improvements to Riverfront Park including irrigation and landscape. ❑ Worked with FDOT for pending improvement project on US Hwy 1. ❑ Secured DEO grant for CRA Master Plan update. TABLE I — PERFORMANCE ACTIVITIES -PROJECT ACTIVITY CRA Pl.. N 1ENT AMOUNT Sign Master Plan implementation Installation Page 21, 23, 31, 51 On -going $15,266.00* Working Waterfront Maintenance & Maintenance Page 20, 22, 31, 51 On -going $19,044.00 Improvements Marketing and Events Promotion Page 23, 51 On -going $45,369.00 Business Assistance Programs FSL Grants Page 24, 50, 51 On -going $46,593.00 S2S Grants Waterfront/Streetscape Maintenance Page 20, 23, 33, 37 On -going $109,527.00 Maintenance & Improvement Submerged Land Leases Maintenance Page 20, 22, 31, 51 Annual, $4,429.00 *Includes other funding sources. Grant Project Address Project Funds Awarded # Date 22-SSP-01 1716 U.S. Highway 1 9/29/2022 $5,000 Krasco Real Investments, LLC "Estimated reduction of over 8,176 grams of nitrogen from groundwater Total funds from CRA $,S,000.00 TOTAL FUNDS AWARDED FY 202112023 $5,000 00 9 oL124 Riverfront CRA Annual Report 2022 Page 4 1. 2. 3. 4. TABLE III Facade. Sian. & Landscape Grant Account Summary FY 2021/2022 Purple Pelican Carwash 13020 U.S. Highway 1 Robin Raiff Team Suzanne Wllle Studios District 2780, LLC Less funds disbursed Available Funds Remaining 1101 U.S. Highway 1 1103 U.S. Highway 1 1105 U.S. Highway 1 $33,544.29 Tag increment Revenue 10/27/2021 $8,048.95 $8,048.85 7/27/2022 $9,992.53 tinder Construction 7/27/2022 $12,468.55 Under Construction 7/27/2022 $11,093.21 tinder Construction The tax increment revenue is determined annually as 95 percent of the difference between: (a) the amount of ad valorem taxes levied each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained within the redevelopment area, exclusive of the following entities: Florida inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General Obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year by the taxing authority, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt handed by ad valorem taxes Indian River County Land Acquisition Bond General obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the Redevelopment Trust Fund. Indian River County Board of County Commissioners and the City of Sebastian currently make tax increment payments into the Sebastian CRA Trust Fund. 1"r1?,4 Riverfront CRA Annual Report 2022 Page 5 The City's millage decreased from $5.00 per $1,000 in FY 2001 to $3.0043 per $1,000 in FY 2022. The millage for Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.5475 per $1,000 in FY 2022. Rates from. 2001 through 2022 are presented in Exhibit III below. Exhibit II Sebastian Community Redevelopement Agency Operating Millage Rates in Redevelopment Area Indian C ity River of Total Fiscal Year Court Sebastian Mllaae 2001 4.1014 5.0000 9.1014 2002 4.0501 4.5904 8.6405 2003 3.8729 4.5904 8.4633 2004 3.8377 4.5904 8.4281 2005 3.6233 4.5904 8.2137 2006 3.5204 3.9325 7.4529 2007 3.1914 3.0519 6.2433 2008 3.0202 2.9917 6.0119 2009 3.0202 3.3456 6.3658 2010 3.0892 3.3456 6.4348 2011 3.0892 3.3041 6.3933 2012 3.0892 3.3041 6.3933 2013 3.0892 3.7166 6.8058 2014 3.2620 3.7166 6.9786 2015 3.3375 3.8556 7.1931 2016 3.3602 3.8556 7.2158 2017 3.3602 3.8000 7.1602 2018 3.4604 3.4000 6.8604 2019 3.4604 3.1514 6.6118 2020 3.5475 2.9399 6.4874 2021 3.5475 3.1514 6.6989 2022 3.5475 3.0043 6.5518 Total Tax Increment Millage Rate 10.00D0 9.0000 8.0000 7.0000 - 6.0000 5.0000 4.0000 0 3.0000 2.0000 1.0000 '1��'rl�`�rl Vti Fiscal Year Source: City of Sebastian Administrative Services Department - - - ;.- -- -.- - --�: - - - -- 7.PL� o Riverfront CRA Annual Report 2022 Page 6 The initial implementation of the tax increment financing was for the Fiscal Year 2001 and its base year value was set at the taxable value for 1994. When the CRA area was expanded, the base year value for the expanded area was set at the taxable value for 2003. As a result, by Fiscal Year 2005, the total incremental value was $36,862,574. As compared to the Fiscal Year 2022 total incremental value of $69,895,209, the incremental value of the redevelopment area increased by 89.6% since Fiscal Year 2005. The taxable values in redevelopment area from 2001 through 2022 are presented in Exhibit III below. Exhibit III Sebastian Community Redevelopement Agency Taxable Value in redevelopment Area % Change in Taxable Base Year Incremental Incremental Fiscal Year Value Value Value Vakie 2001 $45,834,920 $34,959,870 $10,875,050 2002 58,263,740 34,959,870 23,303,870 114.29% 2003 58,844,190 34,959,870 23,884,320 2.49% 2004 66,307,980 34,959,870 31,348,110 31.25% 2005 78,424,554 41,561,980 36,862,574 17.59% 2006 89,418,550 41,561,980 47,856,570 29.82% 2007 134,755,060 41,561,980 93,193,080 94.73% 2008 129,700,130 41,561,980 88,138,150 -5.42% 2009 127,735,740 41,561,980 86,173,760 -2.23% 2010 111,909,020 41,561,980 70,347,040 -18-37% 2011 90,533,980 41,561,980 48,972,000 -30.39% 2012 83,558,060 41,561,980 41,996,080 -14.24% 2013 82,753,350 41,561,980 41,191,370 -1.92% 2014 82,598,780 41,561,980 41,036,800 -0.38% 2015 84,939,810 41,561,980 43,377,830 5.70% 2016 91,018,390 41,561,980 49,456,410 14.01% 2017 91,875,329 41,561,980 50,313,349 1.73% 2018 97,801,122 41,561,980 56,239,142 11.78% 2019 102,731,140 41,561,980 61,169,160 8.77% 2020 106,989,123 41,561,980 65,427,143 6.96% 2021 108,269,522 41,561,980 66,707,542 1.96% 2022 111,457,189 41,561,980 69,895,209 4.78% Tax Increment Values i 100.0 - i e s0,0 i 80.0 i 70.0 $ sD.o - 0 50.0 cn 40.0 c 30.0 20.0 10,0 0.0 ,�°�'�,�°°�,�°�g,�°� Fiscal Year Source: City of Sebastian Administrative Services Department Riverfront CRA Annual Report 2022 Page 7 Based on the millage rates and significant increases in taxable values, the tax increment revenue has risen dramatically. The total tax increment revenue in 2001 was $94,029. The tax increment revenue in 2022 has increased to $385,665. However, this is a 30.2% decrease from the highest year of 2007 when the total was $552,741. The tax increment revenues for the redevelopment area for the Fiscal Year 2001 through 2022 are presented in Exhibit N below. Exhibit IV Sebastian Community Redevelopement Agency Tax Increment Revenue Indian City River of Fiscal Year Coun Sebastian Total 2001 $42,373 $51,656 $94,029 2002 89,664 101,625 191,289 2003 87,877 104,157 192,034 2004 114,289 136,705 250,994 2005 126,886 160,753 287,639 2006 160,051 178,786 338,837 2007 282,546 270,195 552,741 2008 252,885 250,499 503,384 2009 251,236 273,889 525,124 2010 206,450 223,585 430,035 2011 143,720 153,900 297,620 2012 123,248 131,821 255,069 2013 120,886 145,437 266,323 2014 127,169 144,891 272,060 2015 137,535 158,885 296,420 2016 157,874 181,150 339,024 2017 160,610 181,631 342,241 2018 184,879 181,652 366,531 2019 201,086 183,130 384,216 2020 220,498 182,732 403,230 2021 242,367 215,305 457,672 2022 192,832 192,833 385,665 Tax increment Revenue $600,000 $500.000 $400,0ao $30D,000 $200,000 - $100,0$00 [Rill, UL Fiscal Year Source: City of Sebastian Administrative Services Department Riverfront CRA Annual Report 2022 Page 8 Sebastian Community Redevelopment Agency, Florida Balance Sheet September 30, 2022 ASSETS Cash and cash equivalents $ 502,708 Investments 125,689 Accounts receivable - Interest receivable - Inventory - Lease receivable 51,918 Prepaid items 395 Total assets $ 680,710 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable $ 1,611 Total liabilities 1,611 Deferred inflows of resources Deferred lease amounts 51,214 Fund balances: Nonspendable 395 Restricted 627,490 Total fund balance 627,885 Total liabilities and fund balance $ 680,710 1, ^�,1A Riverfront CRA Annual Report 2022 Page 9 Sebastian Community Redevelopment Agency, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances For the Year Ended September 30, 2022 REVENUES: Taxes: Property $ 385,665 Rental income 36,704 Investment earnings 5,813 Total revenues 428,182 EXPENDITURES: Current: Economic environment 291,969 Total expenditures 291,969 Revenues over (under) expenditures 136,213 OTHER FINANCING USES: Transfers out (49,572) Total other financing uses (49,572) Net changes in fund balance 86,641 Fund balance - beginning 5413,244 Fund balance - ending $ 627,885 Riverkont CRA Annual Report 2022 Page 10 Sebastian Community Redevelopment Agency, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balances Budget and Actual For the Year Ended September 30, 2022 Actual Budget Amounts Amounts on a Budgetary Original F1nal Basis REVENUES: Taxes: Property $ 431,641 $ 4311641 $ 385,665 Investment earnings 4,780 4,780 5,813 Other revenue 36,000 36,000 36,704 Total revenues 472,421 472,421 428,182 EXPENDITURES: Current: Economic environment 320,827 330,778 291,969 Total expenditures 320,827 330,778 291,969 Excess (deficiency) of revenues over (under) expenditures 151,594 141,643 136,213 OTHER FINANCING USES Transfers in 123,406 15,287 - Transfers out (275,000) (156,930) (49,572) Total other financing (uses) (151,594) (141,643) (49,572) Net changes in fund balances - - 86,641 Fund balances - beginning 541,244 541,244 541,244 Fund balances - ending $ 541,244 $ 541,244 $ 627,885 Variance with Final Budget - Positive (Negative) $ (45,976) 1,033 704 (44,239) (38,809) (38,809) (5,430) (15,287) 107,358 92,071 86,641 $ 86,641 Riverfrom CRA Annual Report 2022 - 4 Page 11 4pliBAST j�!L7A HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 12, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. Reverend Grant Foster of the Riverside Church Assembly of God gave the invocation. 3. Vice Mayor Nunn led the fledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon (Zoom) Council Member Ed Dodd Council Member Bob McPartlan Staff Present: City Manager Paul Carlisle Interim City Attorney Andrew Mai City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Leisure Services Director Brian Benton Community Development Director Lisa Frazier Community Development Manager Dorri Bosworth Airport Manager Jeff Sabo Contracts/Procurement Manager Don Wixon Police Chief Dan Acosta Police Lt. Rob Vafiades S. AGENDA MODIFICATIONS There was no objection to Council Member Dodd's request to add Item I Ia-1 Discussion of the Solid Waste Franchise Fee; then renumber I 1 a -I to 11 a-2 then moving 11 a-2 to 1Ia-3. Council Member Dodd then asked to expand Item 12d to include three components 1) Discuss Charter Officer Evaluations; 2) Discuss Charter Officer Contracts; 3) Set the Schedule for the Charter Officer Contracts. There was no objection. 26 of 124 Regular City Council Meeting April 12, 2023 Page 2 MOTION by Council Member McPartlan asked to table Item 12b because the employee contract negotiations aren't done. Council Member Dodd SECONDED the motion. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 23.059 A. Proclamation — National Public Safety Telecommunications Week — Awil 9-15, 2023 Vice Mayor Nunn read and presented the proclamation to Sebastian Dispatchers Will Glines and Jacqueline Jones. Mr. Glines said they have a great department behind them and appreciated the recognition. 23.060 B. Proclamation — National Volunteers Week — April 16-22, 2023 Vice Mayor Nunn read and presented the proclamation to Sebastian Community Policing Officers Pieter Ketelarr, Robert Mastrandrea, and Roy Johnson. Officer Ketelarr thanked Council for the recognition. 23.061 C. Proclamation — National Child Abuse Prevention Month — April 2023 Mayor Jones read the proclamation and announced he is a member of the Sebastian Exchange Club whose primary mission is to support children. 23.062 D. Proclamation — National Arbor Day — April 28, 2023 Mayor Jones read and presented the proclamation to Sebastian Environmental Technician Felicia Gordian. Ms. Gordian announced that Sebastian has been a Tree City USA for 21 years and she invited the public to the Natural Resources Board Earth Day Celebration in Riverview Park on April 22. 23.063 E. Proclamation — International Earth Day — April 22, 2023 Council Member McPartlan read and presented the proclamation to Environmental Technician Felicia Gordian. She invited the public to learn more about Sustainable Sebastian at Earth Day on Saturday. 23.064 F. Proclamation — Water Conservation Month — April 2023 Council Member McPartlan read and presented the proclamation to James Cannon, St. Johns River Water Management District Intergovernmental Coordinator. Mr. Cannon 27 of 124 Regular City Council Meeting April 12, 2023 Page 3 asked the public to check their faucets, shower heads, and irrigation systems because every little bit adds up. Each individual can make a difference. 23.065 G. Presentation — Indian River County Healthy Start - Janav Brown, Community Liaison Ms. Brown introduced herself and presented a PowerPoint program describing the Indian River County Healthy Start Program which is designed to help babies make it to their first year and prevent child abuse. Theresa Lacey thanked the Leisure Services Department for agreeing to host the upcoming Mother's Day Garden of Love in Riverview Park. Council Member McPartlan thanked the Healthy Start Program for working so hard to make a difference. BriefAnnouncements: The Pelican Island Audubon Society is offering Florida native trees free of charge. The nursery is located at 195 9th Street S.E. in Vero Beach and is open to the public Wednesdays, Fridays and Sundays from 9: 00am to H: 00am April 14 - Chamber of Commerce Concert in Riverview Park — Group Therapy (Country) - 5:30pm to 8pm April 22 — Natural Resources Board Earth Day Celebration — Riverview Park — 9am to 4pm where oyster mats will be pulled April 22 — Paper Shredding & Electronic Recycling Event - Riverview Park — 9am to Noon April 22 — Spring Cleaning for Unwanted Household Items — Barber Street Sports Complex — 9am to Noon Council Member Dodd announced the upcoming events. 7. PUBLIC INPUT Richard Gillmor asked Council to consider legislation to require the septic tanks to hook up to the sewer system near the lagoon. Mr. Gillmor observed that when they open the meeting with the Pledge of Allegiance, to the republic for which it stands, it is his private pet peeve that it is wrong to say this country is a democracy. He said it is actually a republic with a representative democracy. Council Member Dodd said last year council approved a study to determine the septic tanks should be converted and found that the owner of the utility must be the one to apply for the infrastructure grants. The City is in current conversations with the County to address more conversions. 28 of 124 Regular City Council Meeting April 12, 2023 Page 4 Martin Styger said the people they have elected have generally done what they were elected to do but recently there have been changes with the garbage pickup. Mayor Jones asked him to return when that item comes up on the agenda. Bob Stephen, 150 Concha Drive, asked Council to read the MSDS sheets on what the City is spraying in the waterways. Andrea Coy said there seems to be some problems with the audio which she hoped is fixed by the time she plans to speak on other matters. 8. CONSENT AGENDA A. Approval of Minutes — Regular Meeting - March 8, 2023 B. Approval of Minutes — Regular Meeting — March 22, 2023 23.066 C. Approve Barb Snow's Space Coast Superior Event "Springtime Garden Fest" - Open to the Public at Riverview Park on April 29 and 30, 2023 (Transmittal, Application, Certificate, Receipt) 23.067 D. Approve Alcoholic Beverages for the Guest Family Event at the Yacht Club on April 22, 2023 from 11:30 a.m. to 4:30 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.068 E. Approve Alcoholic Beverages for the Ritchie Family Event at the Yacht Club on May 27, 2023 from 6:00 p.m. to 10:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.069 F. Approve Alcoholic Beverages for the Bedolla Family Event at the Community Center on May 27, 2023 from 4:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.070 G. Approve Alcoholic Beverages for the Raya Family Event at the Community Center on June 27, 2023 from 4:00 p.m. to 10:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.071 H. Approve Alcoholic Beverages for the Rotary Club of Sebastian Awards Ceremony at the Community Center on June 25, 2023 from 3:00 p.m. to 7:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 23.072 I. Approve Alcoholic Beverages for the Jennings Family Event at the Community Center on July 8, 2023 from 11:00 p.m. to 6:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 29 of 124 Regular City Council Meeting April 12, 2023 Page 5 MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to approve the consent agenda. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS Council Member McPartlan said at the MPO meeting earlier in the day, they bid a fond retirement to long time planner Phil Matson and reviewed an interesting big blue machine that tests the roadways to see how the pavement is working. Council Member Dodd said they also discussed the federal railway's requirement that if a municipality wants to add a lane to a railroad crossing, a lane must be taken away in another location. Council Member McPartlan said they also covered that accident clusters have been identified throughout the County and he suggested the City Manager might want to take a look at Sebastian's areas. 10. PUBLIC HEARINGS 23.033 A. Second Reading and Public Hearing - Ordinance No. 0-23-01 — Petition for Voluntary Annexation a 40.23 Acre Parcel Located at 8925 86th Avenue (Transmittal. 0-23-01. Ex. 1. Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-23-01 and Mayor Jones opened the public hearing at 6:48. The City Manager said this was the second reading and noted the property owner plans to combine this with an 80 acre tract already in the City. The Community Development Director advised that staff has found the petition for annexation consistent with the F.S.171 and the goals, objectives and policies of the City's 2040 Comprehensive Plan. Staff recommended approval. 30 of 124 Regular City Council Meeting April 12, 2023 Page 6 There was no public input and Mayor Jones closed the public hearing at 6:50 p.m. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Ordinance No. 0-23-01 a petition for voluntary annexation for a 40.23 acre parcel located at 8925 86`h Avenue. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon -absent Motion carried. 4-0 23.033 B. Second Readins and Public Hearing - Ordinance No. 0-23-02 — Request for Small Scale Comprehensive Plan Future Land Use Man Amendment — Hess Parcel, 8925 86th Avenue (Transmittal, 0-23-02. Staff Report. Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF LDR (LOW DENSITY RESIDENTIAL) FOR LAND WITH A CURRENT INDIAN RIVER COUNTY LAND USE DESIGNATION OF R (RURAL RESIDENTIAL) FOR LAND CONSISTING OF 40.23 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. The City Attorney read the title to Ordinance No. 0-23-02 and Mayor Jones opened the public hearing at 6:52 p.m. The City Manager said this was a small scale land use change. The Community Development Director said the property was known as Hess property which is currently zoned as "R" rural residential in the County. The property owner is requesting a change to "LDR" low density residential with the annexation with plans to rezone the property to "PUD R" as part of the entire 80 acre development at a later date. It was presented to the Planning and Zoning Commission who recommended unanimous approval and staff recommended approval. There was no public input and Mayor Jones closed the public hearing at 6:54 p.m. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to approve Ordinance No. 0-23-02. Roll call: Council Member McPartlan - aye Council Member Dixon - aye Mayor Jones - aye Vice Mayor Nunn - aye 31 of 124 Regular City Council Meeting April 12, 2023 Page 7 Council Member Dodd - aye Motion carried. 5-0 11. UNFINISHED BUSINESS 23.048 A. Solid Waste Collection Services Agreement 6: 55 pm Council Member Dodd said he wasn't comfortable that the solid waste franchise fee only appears in the contract and would like to present a motion to establish the solid waste franchise fee and direct the City Manager to determine if there are any other documents the fee needs to be approved in. He proposed a motion to assess a franchise fee of 3% from July 1, 2023 until October 1, 2024 then it goes to 0% after October 1, 2024. Second, they continue to assess the 6% on nonresidential accounts beginning July 1, 2023 within the contract and third he proposed to direct the City Manager to see if there are any other items they need to correct based on this fee structure. He noted this would change some of the items in the contract tonight. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to move Item 1 to Item 3. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 Item IIA-2 Remove from the Table and ADnrove the Award of RFP#22-07, Exclusive Curbside Solid Waste Collection Services to Waste Management. Inc., Establishing Universal Once a Week Garbaee Pickup on All Residential Units and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal, Agreement, RFP, Addendums, 0-23-06) MOTION by Vice Mayor Nunn and SECOND by Council Member Dodd to remove Item A2 from the table for discussion. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 32 of 124 Regular City Council Meeting April 12, 2023 Page 8 The City Attorney read the title to Ordinance No. 0-23-06. The City Manager said at the March 22 meeting the vote to approve the universal collection of solid waste and have him negotiate the collection of fees was rescinded. Since that time, Waste Management has agreed to do the quarterly billing from July to October 2024 but they want to keep 3% of the franchise fees to offset the debt they will incur and the City's Code Enforcement Division would go after those that won't pay. He said these new terms would be beneficial for the City. Council Member Dodd said he participated in a Waste Management meeting recently with the City Manager. Public Input Martin Styger said it wasn't fair to have everybody pay for the service year round. He asked Council to reconsider this and give the people a chance to vote. Nathan McCollum said he appreciated that Council Member Dodd found the issue that the Tax Collector wouldn't be able to collect the fees until 2024. He cited F.S. I 97.3632(4)(b), stating everybody that is going to receive the tax is supposed to receive a letter describing the cost, what it is for and will go against their property if they don't pay; a newspaper advertisement should be placed and a public hearing is to be held. He said this tax was in the contract they were about to sign before they have even followed the law. He said he was advised that if the City proceeds it would be "troubling." Mr. McCollum said he didn't think the 3% of the franchise fee going to Waste Management would cover the delinquent accounts and asked if it went over, would the City be liable to pay Waste Management more money. He said he wasn't for the universal system and noted for the public if they don't pay the tax bill correctly they will have a lien placed against their house. He said it may be worth it to have the City look at doing this ourself and asked Council not to become a collection agency for a private company. He also mentioned that the private survey indicating that 67% were in favor was not a scientific survey. He asked Council to research everything before making a decision. Frank Holtzhauer, Mallow Scrub Way, described how many people take their garbage to the transfer station which is already paid for with their taxes. Nelson McCollum, Gossamer Wing Way, said there was no need to mandate an unnecessary service. He asked why the City Manager didn't include the no cost trips to the transfer station or having the City run the service in-house in the survey. He asked to let the people choose how to spend their money. 33 of 124 Regular City Council Meeting April 12, 2023 Page 9 Brian Mather, Autumn Terrace, said everyone is paying the transfer station fee which has gone up every year; residents don't need the non -ad valorem universal tax. He said he would like the choice of subscription. Carl Kelly said he has been here for 20 years and it has always been voluntary to take care of the waste and it should stay that way. Sherrie Matthews asked if a new vote was going to be taken for universal or subscription. Council Member Dodd said they were rehearing what they did two meetings ago. Bill Flynn, Main Street, said when the two other companies that bid on the contract indicated they needed more information, isn't that an indication that it wasn't put out properly. Vice Mayor Nunn said both of those companies were given the residential information but the City did not have information on the commercial aspect to give those companies which is the reason they chose not to bid. Council Member Dodd said these trash hauler companies have had major issues; the rates are not out of line with nearby cities. Bill Flynn said fleet maintenance costs are going up but on the other hand residents are struggling. He said he is willing to pay a little more so some people can still choose to go to the transfer station. Terry McGinn, Miller Drive, said he was at the transfer station this week and every single bin was overflowing, there was stuff all over the place. Mayor Jones called for a recess at 7:46 p.m. and upon return at 7:58 p.m., all members were present. Zoom Participants Andrea Coy said since things didn't go as planned with the last vote, she suggested they should start over all over again and go out to bid since they might not be a subscription service. Grace Reed said she is still in support of the subscription service for once a week. She said since the agreement is no longer applicable she asked why the process didn't go out for a rebid. She said she supported Mr. McCollum's idea of having the City provide the service and was opposed to collecting the franchise fee for someone else. She asked Council to inspect what they expect as they go along since the ball was dropped on this process. Charles Stadelman thanked Council for bringing this up. He said sometimes when he goes to the transfer station he sees bags of garbage on the side of road. He would vote to keep the subscription service as it is and suggested looking into 34 of 124 Regular City Council Meeting April 12, 2023 Page 10 8:10pm companies that use waste to make energy. He suggested using the City's boards to help them make decisions. Vice Mayor Nunn said they don't have time to go out for a rebid. He said he has been contacted by people who are telling him to go with universal because it made the most sense for the people and others asked him to consider the residents that go north and stop their service. Those that are happy don't tell you that they are happy; only the ones that are unhappy are the ones that contact you so that small percentage makes sure you hear them so they need to make decisions based on those that contact them and made a MOTION to move forward with a once a week subscription trash service that was SECONDED by Mayor Jones. Council Member Dodd noted that was contrary to his decision made two meetings ago. He said it was interesting to hear Richard Gillmor's dissertation on a republic this evening. The difference between a republic and a democracy is that in a republic the rule of law governs the society. In a democracy the popular majority vote governs society. They are a republic by nature of the Constitution but they are a democratic republic by the nature of the fact that the population is supposed to be democratically electing the representatives that make up the republic. As a republic, Council has the responsibility to do what's best for the society as a whole. When there is between 78-80% of the current residents on a subscription service and they are going to increase their monthly cost by 2 1/2 times more than they have to, it makes no sense to him to represent the public as a whole to make that decision. He said it is counter to what the process is designed to do for them to adopt the subscription service because twenty people stood up in front of them and told them not to adopt. It is antithesis of a republic —it is not what a republic is designed to do. Council Member Dodd said he was the one who brought this back because he found out that they were looking at about $1 M liability to the City for the bad debt. He said Waste Management won't charge us for a single bad debt dollar in the 15 month window. They will bill quarterly and keep 3% of the franchise fee as a cushion against the bad debt and will assume the responsibility for the bad debt for 15 months. He said tonight Council needs to choose whether it will be universal or a subscription service and then award a franchise to Waste Management. He said there has been a lot of work done by the senior officials of Waste Management to assist Sebastian in not having that $1 M worth of liability in that 15 month window. It was disturbing to him when he thinks that the testimony of 25 people will have changed the whole process. He realizes what the vote will be and apologized to the residents because Council has failed them in their responsibility as a republic by pushing a large rate increase on every citizen so a small percentage gets what they choose. He said he would not support the motion. Council Member McPartlan asked the Interim City Attorney if they were required to notify the residents by letter and advertisements with a public hearing in 35 of 124 Regular City Council Meeting April 12, 2023 Page 11 8, 26 pm accordance with F.S.197.3632(4)(b) now or when it goes on the tax roll. The Interim City Attorney advised the contract requires the uniform method of collection but doesn't have to be prior to contract. Council Member McPartlan asked about the termination language that with cause is 30 day notice and without cause is 130 days without financial obligation. The Interim City Attorney cited Section 15.4, "The agreement resulting from this RFP can be terminated within thirty days written notice from the City with cause if the Franchisee is found to have failed to materially perform services in a manner satisfactory to the City. The City shall be sole judge of non-performance. Further, the agreement can be terminated by either party without cause upon one - hundred twenty days written notice by either party. In the event of termination without cause, the Franchisee shall be compensated for all services performed to the City's satisfaction." Council Member McPartlan confirmed that if the City wanted to terminate without cause, the City would just need to give the notice and make them whole prior to the termination. Council Member McPartlan said he has spoken to Matt, the Public Works Director of Vero Beach, who said Vero's expense is $3M but they take in $3.5M and serve 7,000 homes for a rate of $16.45 for twice weekly garbage and once a week for yard waste. They have six rear trucks and five front loading trucks. Council Member McPartlan said Sebastian's cost up front would probably be $6M to have 22 trucks to service the City which might be worth looking into. He said he would like the City to look into doing our own trash service. He said they could get out of the contract in 120 days and then they could have conversations with the County and maybe go in together in 2024. Vero Beach has universal service and by doing it ourselves, it will give us a way to help the needy. Vice Mayor Nunn said without conviction he has nothing and he WITHDREW his motion, because his conviction tells him that he represents all of the people, not just the people that are angry with him. Mayor Jones WITHDREW his second. MOTION by Vice Mayor Nunn and SECOND by Council Member Dixon to go with universal service with one pick up a week. Council Member Dixon said she echoed Council Member Dodd's sentiments. Through all of the emails and phone calls she is aware that the majority of the citizens enjoy having their trash picked up. Roll call on the motion for universal service, one time a week: Council Member Dodd - aye Council Member McPartlan - nay 36 of 124 Regular City Council Meeting April 12, 2023 Page 12 8: 35 pm Mayor Jones - nay Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 3-2 The Interim City Attorney clarified that the transmittal indicates that part of the recommendation was to authorize the City Manager to execute the appropriate documents and asked if that was the intent of Council to authorize the execution of the documents. The City Manager advised the last vote approved the contract. The Interim City Attorney advised that he believed the last vote was to approve universal service and it would be appropriate to have another vote to execute the appropriate documents meaning the contract. Item 11 a-1 MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to review and request modifications to the contract between City and Waste Management beginning on page 139 (continuing for 26 pages) of the agenda packet. Council Member Dodd requested a modification to the franchise fee, the dollar amounts, and the method of billing Public Input Martin Styger asked why the City decided to change the service and method of billing without notifying the people. Carl Kelly said if the City follows Vero Beach, he asked if they have thought about increased costs associated with global warming. Brian Mather, Autumn Terrace, said he will have to pay for something that he will never use. Sherrie Matthews, said some of the heartburn of the people is that the franchise fee has now become an additional fee. Council Member Dodd advised that Waste Management removed the fee in their quoted rate. Council Member Dodd noted there were many changes to be made to the contract. MOTION by Council Member Dodd and SECOND by Mayor Jones to approve the amended agreement between the City of Sebastian and Waste Management. (See changes highlighted in yellow attached) Roll call on the amended contract: Vice Mayor Nunn - aye Council Member Dixon -aye 37 of 124 Regular City Council Meeting April 12, 2023 Page 13 Council Member Dodd - aye Council Member McPartlan - nay Mayor Jones - aye Motion carried. 4-1 ii. Remove from the Table and Hold First Reading of Ordinance No. 0-23-06- Granting an Exclusive Franchise Agreement for Residential and Commercial Solid Waste Collection to Waste Management, Inc. - Set Public Hearing for April 26, 2023 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND EFFECTIVE DATE. MOTION by Vice Mayor Nunn and SECOND by Mayor Jones to remove Ordinance No. 0-23-06 from the table passed with a unanimous voice vote. 5-0 The City Attorney read the title to Ordinance No. 0-23-06 and Mayor Jones opened the public hearing at 9:06 p.m. The City Manager explained this ordinance will grant exclusivity to Waste Management to protect their rights for providing these services and asked Council for approval. The public hearing would be held April 26. Zoom Particivation Andrea Coy said she is for universal service but this process has been a horrendous example on how to do business with the City of Sebastian. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to pass the first reading of Ordinance No. 0-23-06 with the agreement previously agreed upon. Roll call: Council Member Dodd - aye Council Member McPartlan - nay Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 4-1 12. NEW BUSINESS 23.073 A. Award Wright Construction Grout), Inc. as the Design -Build Firm to be Used in Response to RFO 23-01 - Design -Build Four (4) Souare Airport Hangars at 38 of 124 Regular City Council Meeting April 12, 2023 Page 14 Sebastian Municipal Airport and Authorize Negotiations for a Guaranteed Maximum Price (GMP) Contract (Transmittal. Bid Tab. R-22-30) The City Manager said the scoring committee unanimously recommended Wright Construction and staff requested entering into an agreement for design and construction. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to approve negotiations with Wright Construction, Inc. to design -build four square airport hangars. There was no public input. Council Member McPartlan said Wright Construction did a good job but would like to give a local company some business. Roll call: Council Member McPartlan - nay Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 4-1 Interim City Attorney asked if Council wanted to address Item 11 A 3 regarding the Franchise Fees. It was the consensus of Council to address this during the summer as they move to the tax roll. 23.074 B. Approve the Purchase of Emplovee Short -Term Disabilitv Insurance from Lincoln Financial Group with an Appropriation from the Enterprise. Stormwater and General Fund Budget Reserves (Transmittal. Evaluation, Info) This item was tabled until the union negotiations are complete. 23.075 C. Approve the Purchase and Installation of Two Air Conditioning Units at the Historical School Building to Include a 10 Year Extended Labor and Parts Warranty (Transmittal. P.O.. Estimate) The City Manager said the air conditioning units at the school house are failing and staff was recommending approval. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve the purchase and installation of two air conditioning units. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 39 of 124 Regular City Council Meeting April 12, 2023 Page 15 23.019 D. Discuss Uniform Charter Officer Contracts (Transmittal, R-23-03, Catep-ories, Worksheets) MOTION by Council Member McPartlan and SECOND by Council Member Dodd to remove this item from the agenda passed with a voice vote of 4-1. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to request a special meeting agenda for Friday, April 14 at 6:00 p.m. to discuss the Charter Officer evaluations, contracts, and schedule contract completions. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Dixon - None B. Council Member Dodd - None C. Council Member McPartlan Council Member McPartlan said he would like the City to consider providing our own trash service like Vero Beach and Ft. Pierce. He also requested a cost analysis for the golf carts before the next contract consideration and look into gas or propane powered carts. D. Mayor Jones - None E. Vice Mayor Nunn apologized for his indecision tonight. 17. Being no further business, Mayor Jones adjourned the Regular Meeting at 9:22 p.m. Approved at the April 26, 2023 Regular City Council meeting. Mayor Fred Jones ATTEST. - Jeanette Williams, City Clerk 40 of 124 CM N SEB^S- HOME of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 26, 2023 Agenda Item Title: Prior Authorization for Council to Travel to the Florida League of Cities Annual Conference — August 12-14, 2023 — Hilton Orlando Bonnet Creek, Orlando, Florida Recommendatiow Authorize any member of City Council to attend Florida League of Cities Annual Conference in accordance with City Code Section 2-35 which requires prior authorization for reimbursement of travel costs beyond 75 miles. Baekaround: The Florida League of Cities will conduct its 2023 annual conference at the Hilton Orlando Bonnet Creek from August 10-12, 2023 with the Research Symposium on August 9 which is a Council meeting date. Depending on symposium interest please advise if you would like to move the Council meeting to TUESDAY, August 8, 2023. If Aeenda Item Requires Exnenditure of Funds: Registration: $550.00 per member Travel: approx. $1,132.00 per member Available Budget: Training: $3,100.00 Travel: $11,160.67 Administrative Services Departure Review'-1 (�-� City Attorney Review: City Manager Authorization: ( / Date: 41 of 124 0"'I 5�BASIL }SOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 26, 2023 Agenda Item Title: Annual Sebastian CRA Report FY 21/22 Recommendation: Move to accept the Annual Sebastian CRA Report 2022 Background: Florida Statues require the Community Redevelopment Agency to file a report of activities to the primary government each year. The annual Sebastian Community Redevelopment Agency report of activities for the fiscal year ending September 30, 2022 is presented to the Community Redevelopment Agency Board of Directors for review and approval. Following acceptance by the City Council, the report will be published on the agency's website and sent to the taxing agencies. If Agenda Item Reauires Exnenditure of Funds: Budgeted Amount: N/A Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attacbments: 1, 2022 CRA Annual Activity Report Administrative Services Departm� ew:' i CityAttorne Review: ,r ( Procurement Division Review, if applicable: City Manager Authorization: Date: V/1�2 v 42 of 124 MYOF EMSTIAN HOME of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 26, 2023 Agenda Item Title: Florida Department of Transportations use of the City Council Chambers for US1 Project public information Recommendation: Staff request that the City Council approve of the use of the City Council Chambers for FDOT on May 25, 2023 from 4:00 Pm to 8:00 PM at no charge. Background: Florida Department of Transportation is requesting to use the Council Chambers for public information regarding the SR-5/US-1 Resurfacing Project from Harrison Street to south of Davis Street (FPID: 432325-1-52-01). If Agenda Item Requires Expenditure of Funds: Total Cost: NIA Attachments: 1. Email from Samantha Kayser Administrative Services Department Review: City Attorney Review: Procurement Division Review, ifapplicable: City Manager uth/orization: Date: V� 2 U NIA NIA N/A 43 of 124 Paul Carlisle From: Paul Carlisle Sent: Tuesday, April 18, 2023 1:50 PM To: Paul Carlisle Subject: FW: DOT Public Meeting for Upcoming Road Construction Project -- May 2023 From: Samantha Kayser fmailto:skayser(acorradino.comJ Sent: Friday, March 31, 2023 9:56 AM To: council Cc: Carmel Victor Subject: DOT Public Meeting for Upcoming Road Construction Project -- May 2023 CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Good morning, I am planning a Public Meeting for an upcoming FDOT resurfacing project. Is Sebastian City Hall Commission Chambers available for the public meeting? I am looking at the following dates: • Monday, May 15 • Wednesday, May 17 • Thursday, May 25 Tuesday, May 30 • Wednesday, May 31 We would set up for the public meeting at 4 p.m. The Virtual Public Meeting is from 5 p.m. to 6 p.m., immediately followed by the In -person Construction Open House from 6 p.m. to 7 p.m. We would be out by 7:30 p.m. Please let me know if we may use Sebastian City Hall for the public meeting. Thank you. Sincerely, Samantha Kayser The Corradino Group Community Outreach Specialist FDOT Treasure Coast Construction skayser(@corradino.com (772)579-5479 THE R . . GROUP Naiptng Communities since 1970 44 of 124 5 HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 26, 2023 Agenda Item Title: Planning & Zoning Commission Recommendation: Fill one expired, regular member position — new term to expire 4/1/2026 Background: In response to the City Clerk's advertisement, the following residents have expressed interest: Richard Carter (current incumbent) Terry McGinn Terry Reno Christopher Roberts James Wilson Mr. McGinn currently serves on the Budget Review Advisory Board, He will resign if he is chosen for the Planning & Zoning Commission. Attachments: Applications, member list, advertisement Administrative Services Depnt Review:_ N/A City Attorney Review: f City Manager Authorization - Date: I/ Ile 1a-j 45 of 124 LmvOF SIEBASTL4 NN HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: �1 Cv" �, � �- C, ` )l r Address: 3,A w� I j 4 City: &WVI IDr1 State: l Zip: 3)�5 5 p Telephone: (�1 ) I i � - 4000 E-Mail Address-. �O' k SV5(%.QOACWS WA Employer: -&,T e4 City: N State: %V 1A, Zip: /JV 1/I Business Telephone: ( 1 f am interested in serving on the following boards)/committee(s): 1" Choice: 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) 'Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 46 of 124 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.)VQW--1 6� A I Why do you want to serve on this board? Do you presently serve on another City Board or Committee? -M()- YES If yes, please list: Planning & Zoning Commission Have you previously served on any other City Board or Committee? %J If yes, please list: will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. 1 give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl.us/ethics/forms.htmi If appointed, 1 acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 11/) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htti)://www.flsenate.eov/statutes understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any Ise statements or omissions from this application may be cause for my application not to be considered. Signature of A licant: Date: 03� g pp U 1 1 Date Received by City Clerk's Office 3 r & ` Il -7 by: J tk)J t-�-+'ri/1 47 of 124 CM at SIEBASTL HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: _TERRANCE (Terry) MCGINN Address: 144 MILLER DR SEBASTIAN State: FL Zip: _32958 Telephone: (_215 ) _723 E-Mail Address: _TEMCGINN@YAHOO.COM Employer: RETIRED City: State: Business Telephone: ( 1 am interested in serving on the following boards)/committee(s): 1" Choice: PLANNING AND ZONING COMISSION City: - 4333 Zip: 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing offnanciol disclosure is required following appointment 48 of 124 "Must be resident one year prior to application. Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) —BRIEFLY .... I HAVE A BSME IN MARINE AND ELECTRICAL ENGINEERING AND AN, MS IN ENGINEERING AND MANAGEMENT, I HAVE 40 YEARS EXPERIENCE IN ENGINEERED SYSTEMS AND THEIR CONSTRUCTION/INSTALLATION (FROM 1964 TO 2004) 1 HAVE 35 YEARS EXPERIENCE IN LONG RANGE PLANNING AND DEVELOPMENT (1970 TO 2005) I HAVE 30 YEARS BIDDING/CONTRACTING, NEGOTIATING AND MANAGING GOVERNMENT AND MUNICPAL CONTRACTS INCLUDING US ARMY MATERIAL COMMAND. (FROM 1978 TO 2008) FROM 2010 TO 20151 WAS FOUNDER /PRESIDENT OF A COMMUNITY DEVELOPMENT EXECUTIVE BOARD (CDD) TRYING TO MAINTAIN QUALITY STANDARDS OF LAND DEVELOPMENT BETWEEN TOWNSHIP AND A LESS THAN ETHICAL DEVELOPER FROM BUILD #1 TO COMPLETION INCLUDING ROADS, INFRASTRUCTURE, STORM SEWERS, MUNICIPAL UTLITIES AND CAPITAL RESERVES. WE RESCUED A FAILING DEVELOPMENT AND WERE AWARDED COMMUNITY DEVELOPMENT OF THE YEAR FOR SOUTHEASTERN PENNSYVANIA IN 2014. MY RESUME CAN BE FOUND ON LINKED IN UNDER TERRANCE MCGINN Why do you want to serve on this board? _I AM DEEPLY IMBEDDED IN THE COMMUNITY OF SEBASTIAN AND THE COUNTY. I WANT TO CONTRIBUTE TO THE FUTURE LAND USE AND PUD OF THE LATEST AND ANY FUTURE ANNEXATIONS AS WELL AS ANY PLANNING AND ZONING THAT WILL KEEP OUR CITY THE BEST IN INDIAN RIVERCOUNTY. I CONSIDER ED DODD A MENTOR FOR HOW TO DO IT RIGHT AND TO GIVE BACK. I AM OLD BUT THAT IS NOT A BAD THING. NOTE: I WILL HAVE TO ATTEND BY ZOOM DURING A 3 MONTH PERIOD WHEN OUT OF COUNTY July/august September BUT WILL NOT MISS MEETING ON ZOOM. Section 2-173. Attendance Requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if he or she is absent from three (3) consecut " orr a?� gs without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon notification by the chair of the board or committee that a member has not complied with the attendance requirement, the City Council shall issue an order of removal. Do you presently serve on another City Board or Committee? —YES If yes, please list: CITIZENS BUDGET REVIEW ADVISORY BOARD Have you previously served on any other City Board or Committee? NO If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.us/ethics/forms.htmI If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at httt)://www.fisenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: �TEPk�1NdEE��/NN _9/23/2022 / j Date Received by City Clerk's Office 9123 ZDzZ by. wc.s-Q.C.111-- " Date: 50 of 124 10 (.� yC* SEBASTL41 kV HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION "AS appiication form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with =S 119.07 Exemotions. individuals emoloved or retired from certain professions relatine to law enforcement may reauest that their physical address and phone number remain confidential. Unless requested, that information will be available and not reaactec Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting :)rainance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. r ,vame er�C Address: 2nU n C'_l cj City:.— b_4-�4JCJ f) State: FL tio: ,3 Ci S T eiephone: (1,5-V) E-Mail Address: EmpEover MIA City: Business Telephone: ( State: Zip: I am interested in serving on the following boa rds)/committee(s): 1" Choice: L111 I (a0(/dn) n 2— Lnoice CHARTER REVIEW COMMITTEE (serves only six months, every five years -- next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 51 of 124 Please summarize special skills. aualifications. or education you have acauired for this a000intment: (Your resume, professional certifications or designations may be attached.) �`1a v� � � I r-�► 1�G r� o� ex�r(. ' , ��r �`t� n�x� � P- I ric�uc� n� i�)nir-�t sI �n In oa ► n 4-e-loo nce., 31 n� G U + i 1 i ) t T'IGln otice 1 dsviS►c�n. lave- J,,o weirked In ip.rl��neenno CIS at)-- e �n�nn lns�ec.-TCC' 1C�5�'l�c-�In� �rx�cs�nnc - a�� P"Va+e. �'c�Gd Q+n� c'G►n4Je� pro.�� lai�h c� ►��r„n ine)"I "e Ut l�r-i, Why do you want to serve on this board:' bt.-lr e.,e-, Fly po--. 3- evrriiQnz e . ( 1or<a J Pc>,- Sr L3 t r'� ric In iCE g�verrnr1eT1+-_-_S. LJ1 1 benr;:�� 4- 4'Ie- e)�- se_6c� +sc� . you presentiy serve on another City Board or Committee? NO f yes, please list: Have you previously served on any other City Board or Committee l�lO If yes, please list: I will represent the best interests of the entire City while serving as a board member. I nerepv waive ana release an-, and all riehts for claims for damaees and injuries I may suffer while oerformine or after oerformine voiunter services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for public!" purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes. Chapter 112, Part 1l1) and Florida Sunshine Law (Florida Statutes, Chapter 286) 'Statutes may be reviewed at http://www.flsenate.aov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certifv that all the statements made on this application are true and correct. i understand that any false statements or omissions from this application may be cause for my application -not to oe considered. Signature of Applicant: (�u� Date: / j 0 2a Date Received by City Clerk's Office 4/12_072 by: �� 52 of 124 Lily or HOMF OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name; Christopher Roberts Address: 32958 772 Zip: Telephone: ( E-Mail Address: chroberts0015@gmai I.com Employer: Comprehensive Healthcare Melbourne City: Business Telephone: t ) - Sebastian City: } 643 0615 State: Florida Zip: State: FI 32935 I am interested in serving on the following boards)/committee(s): 9 I" Choice: Construction Board 2"d Choice: Planningand Zoning Commission CHARTER REVIEW COMMITTEE (serves only six months, every five years - next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment ' *Must be resident one year prior to application. 53 of 124 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I have a Bachelor's degree in Social Science and Religious Studies from Florida State fr,2m Eastern State College. I have worked most of my career in social services/human services. I enjoy helninq people and assist my clients ciet_connected _tn_the Services they nPPrl Why do you want to serve on this board? =1 want to_serve_on thiS_hoard hecause l want to help rnntrohiiteto m. Cnmmiinity and InC,a[ government. I want this city to be a place I am proud to reside. I want to help build a cQmmunity f hat is eficial to my chilcien. Yes Do you presently serve on another City Board or Committee? If yes, please list: Construction Board for the City of Sebastian NO Have you previously served on any other City Board or Committee? If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.etliics.state.fl.us/ethics/forms_html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.JZov/statutes understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. /,-mlp/.'v; 9/20/2020 Signature of Applicant: i / Date: Date Received by City Clerk's Office gI�I zoZ Z by:.,4 U 54 of 124 Christopher roberts Sebastian, FL 32958 chroberts0015@gmail.com +1 772 643 0615 Work Experience Medical Case Manager Comprehensive Healthcare - Melbourne. FL February 2022 to Present I manage a caseload of at least 50 clients to ensure they have the resources to manage their regular health needs. My job consists primarily with scheduling medical appointments, transportation, and assisting with insurance issues. Child Protective Investigator The State of Florida June 2017 to December 2022 Experienced with conducting investigations following reports of abuse and/or neglect. Experienced in conducting one on one interviews with adults and children. Experienced in institutional, foster care, and "conflict case" specialized Established close working relationships with law enforcement before, during and after investigations. Consolidate gathered information to make child safety determinations on investigation. Make determinations of referral for services and/or removal when warranted. Works closely with team in dependency and neglect family court. Department Manager Walmart - Vero Beach, FL November 2016 to July 2017 Managed the meat department. Sales Associate Walmart November 2013 to November 2016 Education Bachelor of Science in Social Science and Religious Studies Florida State University 2011 High School Diploma Sebastian River High School 2005 55 of 124 cm Of SE TAV HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: J,-", m.5 Nk w A so h I:w Add ress: 33 � VIZ I c VG '� l S� City: �k 5+1 G vV State: I Zip: Iq � _� Tt Telephone: (� `� ) �� J - t d —` E-mail Address: —j ' 1 150V, -9 mc�;C0v�'� Employer: t, j/0,ttkV\T2eV- 'Ccv- IrDU�O� Vc�ttir� City: T�_ 115"A U-e. State: 2 �{ Zip: Business Telephone: ( 7 % -� ) S 3 1 - -_� L-4 1 �7 I am interested in serving on the following boards)/committee(s): (� ,� V\ �Ci� k 5 �� [ A d v t S C r` y c-c rn rn r'the,c 15` Choice: r t �f1 v1 t L tCj c�v� 2as�, sty Co Y��'S� 2�d Choice: N air a_I i2e_5 o tj.rCe_ 8C Cc r-cL CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (permanent) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 56 of 124 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) l v\ Why do you want to serve on this board? 6 Se-V ►M� Cv rhll'l�tV\j �� e�P (Y� JY'e- Do you presently serve on another City Board or Committee? If yes, please list: �1 Have you previously served on any other City Board or Committee? No If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part !il) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: $ PP � Date Received by City Clerk's Office )' 1 7 f 702 3 by:/L /.WJ-dl rnJ ;-1 57 of 124 PLANNING & ZONING COMMISSION 3-YEAR TERMS MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS ADDRESS (MOST RECENT HISTORY FIRST] Sara Battles Took Roth's unexpired regular member Term to expire 5/1/2025 530 Cross Creek Circle position 3/912022 Sebastian, FL 32958 Sara.battles(ftimiev-hom.com (703) 843-1721 Rick Carter Reappointed 5/27/2020 Term to expire 4/1/2023 237 Main Street Sebastian, FL 32958 Reappointed 3/22117 focu ssys0com cast. net 918-4600 Took Cardinale's expired regular member position 4127/11 Took Durrs unexpired alt member position 2/9/11 Reappointed 3/26114 Dennis Haddix Took Simmon's expired regular member Term to expire 2/1/2026 105 Wood Stork Way position 2/8123 Sebastian, FL 32958 haddixdD-amail.com Took Jordan's unexpired alternate (772) 925-5698 member position 10/12/22 Louise Kautenburg Appointed regular member 6/9/2021 Term to expire 6/1/2024 973 Oswego Avenue Took Reyes regular member position Sebastian, FL 32958 LouiseklOiuno.com Appointed alternate member 2/12/2020 696-3716 Reappointed regular member 2/22/17 Took Durr's unexpired regular member position 10/14/15 Reappointed 1/8114 Took Hennessey's unexpired alternate member position 3114112 58of124 Linda Kinchen Took Hughan's unexpired regular Term to expire 11/1/2023 190 Delmar Street member position 2/9/2022 Sebastian, FL 32958 lindadolfan0aal.com (772) 538-0253 Susan Lorusso Took Alvarez's regular member position 113 Joy Haven Drive 3/2-2/2023 Term to expire 11/1/2025 Sebastian, FL 32958 sloru ,,aol.com Took Jordan's alternate member position (772) 321-2150 11/21/2022 Stephen Lucier Took Qizilbash's unexpired regular Term to expire 5/1/2023 425 Toledo Street member position 3/9/2022 Sebastian, FL 32958 stevelucO-icloud.com 925-2869 Sherrie Matthews - Alternate Took Haddix's alternate member position Term to expire 1/1/2026 Exempt per F.S.119.071 2/8/2023 Smatt06180comcast.net (772) 473-6757 Cindy Geesey — Alternate Took alternate member position Term to expire 11/1/2025 108 Wood Stork Way 3/22/2023 Sebastian, FL 32958 catvaa(&amail.com (772) 918-8890 revised 3.24.2023 School Board Member: Dr. Gene Posca, (772) 269-3553 Gene.Posca@indiandverschools.org 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 59 of 124 17T1 QF SETS ;inu;i; HOME OF PELICAN ISLAND March 30, 2023 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill one expired, regular member position on the Planning & Zoning Commission. The new term will expire March 1, 2026. The Planning and Zoning Commission is responsible for planning and reviewing land use decisions within the City. This is a volunteer position. Applicants must have been a City resident one year prior to application and file annual financial disclosure. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with the remaining applicants. This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.ora and will be accepted until April 19, 2023. UN:11.1 60 of 124 CVOF SEMI HOME 0I PELICAN ISLAND CITY COUNCIL AGENDA TRANSNHTTAL Council Meeting Date; April 26, 2023 Agenda item Title: Second Reading and Public Hearing - Ordinance 0-23-06 — Granting an Exclusive Franchise Agreement for Residential and Commercial Solid Waste Collection to Waste Management, Inc, Recommendation; At Council's discretion, move to pass Ordinance 0-23-06 on second reading. Background; On April 12, 2023, City Council approved the contract for Waste Management's Franchise Agreement for Universal solid waste Collection. Ordinance 0-23-06 provides the ability to enforce the Franchise Agreement's exclusivity provisions. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS, AND EFFECTIVE DATE, Section 1. Waste Management, Inc. of Florida, is hereby granted an cxclusive franchise agreement to provide residential and commercial solid waste within the City of Sebastian pursuant to the provisions of the FRANCHISE AGREEMENT BETWEEN THE 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 Agreement granted hereunder. If Agenda Item Requires Exnenditure of Funds, Total Cost: NIA Attacbments: 1. Ordinance 0-23-06 2. Executed Franchise Agreement Administrative Services Department eview:"�;! �wJ� c U City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization:�� ! �� Date: W/, )z3 61 of 124 ORDINANCE NO.O-23-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND EFFECTIVE DATE. WHEREAS, the existing residential solid waste collection as approved under Ordinance No. 0- 13-03 expires on June 30, 2023; 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 be best served by granting said franchise agreement to Waste Management, Inc. of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. In accordance with Article V of the City of Sebastian City Code, Waste Management, Inc. of Florida, is hereby granted by ordinance, an exclusive seven (7) year franchise agreement, to take effect on July 1, 2023, in order to provide residential and commercial solid waste within the City of Sebastian pursuant to the provisions of the FRANCHISE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND WASTE MANAGEMENT, INC. OF FLORIDA attached hereto and incorporated by this reference as if fully set forth herein. The franchise agreement expires on August 31, 2030. 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 Agreement granted hereunder. Section 3. CONFLICT. All ordinances or parts of ordinance in conflict herewith are hereby repealed. Section 4. 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 5. EFFECTIVE DATE. This ordinance shall take effect upon adoption. 1 62 of 124 The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council Member Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this 22rtd day of March, 2023. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN Mayor Fred Jones Approved as to form and legality for reliance by the City of Sebastian only: Andrew Mai, Interim City Attorney 63 of 124 CITY of E BA" HOME OF PELICAN ISLAND Franchise Agreement Between City of Sebastian and Waste Management Page 1 of 27 64 of 124 This Franchise Agreement ("Agreement") is hereby made between the City of SEBASTIAN, FLORIDA ("City") FLORIDA a Florida Cooperation, whose address is 1800 ("Franchisee"). WITNESSETH and entered into this 12th day of April, and WASTE MANAGEMENT INC. OF N. Military Trail Boca Raton, FL 33431 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 in the proposal, addendums and herein; WHEREAS, The Franchisee shall provide a Universal service of Solid Waste collection of one (1) time per week, Yard Waste collection of four CY at one (1) time per week and an on call service of Bulk Waste and White Goods; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: Section 1. Background Recitals 1.0 The recitals set forth above are true and correct and form a material part of this agreement for the following: This Agreement, and its associated Invitation ' to Bid (ITB) Documents, Franchisee Documents, referenced herein, together with any executed Addenda if any, shall constitute the entire Agreement between Franchisee and City (hereinafter referred to as the "Agreement"). In resolving conflicts, errors, discrepancies, and disputes concerning the Specifications/Special Conditions or other rights or obligations of the parties, precedence shall be given in the following order (1) provisions of this agreement, (2) provisions of the Invitation to Bid, (3) provisions of the Purchase Order, (4) provisions of the Franchisee's Bid, (5) provisions contained in any governmental regulation incorporated herein by reference, and (6) a fully executed Amendment to this Agreement. There are no understandings or agreements except as herein expressly stated. Section 2. Term of the Agreement 2.0 The term of this Agreement shall be for a period of seven (7) years, commencing on July 1, 2023 and terminating on August 31, 2030 with an option to renew for one (1) additional five (5) year term upon mutual consent of both parties, unless either party shall notify the other to the contrary in writing not later than June 1, 2029. Section 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. Page 2 of 27 65 of 124 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. 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. 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, non -liquid 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. 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. 3.6. 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 Indian River County Landfill. 3.7. Commercial Collection Franchise Area shall mean the City limits of Sebastian. 3.8. Commercial Collection Service shall mean the Collection of (a) Commercial Solid Waste; (b) Recyclable Materials generated on Commercial Property and Mobile Home Parks. 3.9. Commercial Container shall mean any container which: (a) consists of four (4) permanently attached sides, a top 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 Containers include, but are not limited to roll-on/roll-off boxes, dumpsters; compactors, and similar receptacles used to Collect Solid Waste. 3.10. Commercial Property shall mean all of the improved property in the City of Sebastian that is used for: (a) Multiple Dwelling Units with five (5) or more units; or (b) commercial, institutional, church, not - for -profit, governmental, nonresidential or industrial purposes. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 27 66 of 124 3.11. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, Yard Trash, and Industrial Solid Waste generated by or at: (a) commercial business, including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional offices and buildings, including, without limitation, schools and hospitals; (c) churches and not -for -profit organizations; (d) hotels and motels; (e) Multiple Dwelling Units that use Commercial Containers; (f) Mobile Home Parks that use Commercial Containers; and (g) agricultural and industrial facilities. 3.12. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction mechanism. 3.13. 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 the following: a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; b) Unpainted, non -treated wood scraps from facilities manufacturing materials used for construction of structures of their components and unpainted, non -treated 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 waste; and c) De Minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects provided such amounts are consistent with best management practices of the industry. 3.14. Construction and Demolition Debris Commercial Container shall mean a Commercial Container that is used to hold Construction and Demolition Debris. 3.15. 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 of Sebastian by Franchisee. 3.16. Contract Manager shall mean the person designated by the City to act as the City's representative during the term of the agreement. 3.17. Council shall mean the City's governing body, which currently is comprised of the City Council of the City of Sebastian, Florida. 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 discarded by a customer. Page 4 of 27 67 of 124 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 and weight, whichever is more restrictive, as determined by a measurement or visual inspection by the Contract Manager. 3.22. County Landfill shall mean the Solid Waste Disposal Facility or Facilities owned or operated by Indian River 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 the automated collection bin issued and delivered by the Franchisee to every Residential Customer. The Container shall be a mobile 36-gallon, 64-gallon, or 96- gallon automated collection bin, as requested by the Customer. 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 are not a Hazardous Waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agriculture chemicals; food and related products or byproducts; 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. 3.28.1 Commercial Recycling is an open market while Residential Recycling is managed by Indian River County. 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. Page 5 of 27 68 of 124 3.31. Person shall mean any and all persons, natural or artificial, including, without limitation, any individual, firm partnership, cooperation, 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. 3.32. 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 processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.33. Residential C & D shall mean residential customers may place small amounts of construction and demolition C & D debris resulting from minor home improvement projects in their containers as part of regular residential collection services. 3.34. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash resulting from normal housekeeping activities of a Residential Unit or Mobile Home Park that has elected to receive Residential Solid Waste Collection Service. 3.35. Residential Solid Waste Collection Service shall mean the Collection and disposal of Residential Solid Waste generated within the Residential Franchise Area. 3.36. Residential Solid Waste Franchise Area shall mean the geographical area comprising the City. 3.37. 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 resident 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. 3.38. Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 3.39. 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. 3.40. Solid Waste Disposal Facility shall mean 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. 3.41. 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. Page 6 of 27 69 of 124 3.42. Standard Issue Container all containers, no matter what size, shall be new and shall mean the collection bin issued by the Franchisee for every Residential Customer. All such Containers shall be new and mobile 36-gallon, 64-gallon, or 96-gallon collection bin, as requested by the Customer. Franchisee shall deliver the new Containers to all Residential Customers at the time they start service. For the purpose of the initial term of this Agreement, the Franchisee will initiallv deliver new 96- ag lion Containers to all Residential Customers within sixty (60) days after execution of this Contract. If the standard ninety-six (96) gallon issue container is too large for a customer, the franchisee shall make a reasonable accommodation and issue a smaller size container to the customer within 90 days of the customer's request, at no charge to the customer or City. 3.43. 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 Waste. 3.44. 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- performance party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, severe lightning, epidemic, war riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, but not limited to. strikes and slowdowns. are not an Uncontrollable Force. 3.45. 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. 3.46. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings, palm fronds, 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 within the Solid Waste Franchise Area to provide; (a) Residential Solid Waste Collection Service. (b) Commercial Collection Service (excluding commercial business recycling services). 4.1. Recyclables. The collection of residential recyclables is not a part of this Agreement. 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 term 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 handed and regulated as Solid Waste. 70 of 124 Page 7 of 27 Section 5. Title to Solid Waste 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, are placed at the 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, or Hazardous Waste that the Franchise Collects. Section 6. Processing and Disposal 6.0. Processing: 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. Section 7. Franchise Fee 7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected from Commercial Solid Waste customers pursuant to the Franchise granted herein shall be paid to the City, by wire or check, by the Franchisee on or before the fifteenth (15th) day of each month for all commercial customers) by the Franchisee during the immediately preceding month. The Franchise Fee shall be added to the commercial service charge but not separately itemized on the customer's bill. Section 8. Residential Services 8.0. Hours of Residential Service — General. Residential Solid Waste Collection Service shall be Monday through Friday, beginning no earlier than 6:00 a.m., local time and ending no later than 5:00 p.m., local time, unless previously authorized in writing by the Contract Manager in response to an Uncontrollable Force. 8.1. Days of Residential Service. Residential Solid Waste shall not be Collected by the Franchisee on Sundays or the holidays of Memorial Day, July 4`h, Labor Day, Thanksgiving, Christmas, or New Year's Day, unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be collected by the Franchisee on any holiday when the 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 weekday following such holiday. 8.2. Frequency of Residential Solid Waste Collection Service — Garbage and Trash. At least one (1) time each week, the Franchisee shall collect Garbage and Trash from those Customers that requested Residential Solid Waste Collection Services. The collections of Garbage and Trash shall be at least three (3) days apart. 8.3. Frequency of Service — Yard Trash. Yard Trash shall be collected from Residential Units receiving Residential Solid Waste Collection Services at least one (1) time per week. Yard Trash shall not be commingled with Garbage. Page 8 of 27 71 of 124 8.4. Frequency of Service — Bulk Trash. The Franchisee shall collect all Bulk Trash and Freon - Containing Devices placed at the Curbside Collection Point weekly. The customer must call in the bulk pickup request. There shall be no additional charge to the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative location within the County for processing. 8.5. Obligations of Franchisee to Residential Customers — General. For Residential Units, the Curbside Collection Point shall be located within five (5) feet of the curb, the paved surface of a public roadway, the closest accessible public right-of-way, or other location agreed to by the Franchisee and Customer that provides safe and efficient access for the Collection crew and vehicle. If a customer is physically unable to deliver their Residential Solid Waste to the Curbside Collection Point, or the Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative location shall be designated by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Obligations. All Yard Trash including palm fronds do not need to be bundled, bagged, or containerized by the Customer. All Yard Trash must be: separated from Garbage, Trash, and Bulk Trash; no more than four (4) feet in lenp-th and no more than three (3) inches in diameter: less than fifty (50) hounds: 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 the sections of the tree are not more than eight (8) feet in length or more than fifty (50) pounds. The Franchisee shall not co -mingle Yard Trash and other types of Solid Waste in the Franchisee's Collection vehicles. 8.5.2. Bulk Trash Obligations. Bulk Trash shall not be commingled with Yard Trash. A Customer's Bulk Trash may not be collected if determined by the Contract Manager and the Franchisee, in writing, to be incompatible either with the Franchisee's collection equipment or the County's Solid Waste management system or of such weight or quantity as would significantly hinder the effectiveness of the Collection or Solid Waste disposal system. 8.6. Manner of Collection. The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty all the garbage placed in the Standard Issued Container and then the Franchisee shall return the container to the same location where it was placed by the Customer or the Curbside Collection Point.. The Franchisee shall 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 or damaged caused by the Franchisee, at the sole discretion of 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 Manager The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three (3) calendar days after any change. 72 of 124 Page 9 of 27 8.7.1. Changes to Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives prior written authorization by the City Manager. The City Manager's approval of such changes shall not be unreasonably withheld. In the event the City Manager authorizes a change in schedules that alters the Collection day for any Customer, the Franchisee shall, at its sole expense, notify each affected Customer by mail or other manner approved by the City Manager not less than one (1) week prior to the change. Section 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 the Franchisee shall be $19.45 per month as depicted in the ratelproposal schedule attached here to and marked Exhibit "A". The foregoing is the total rate that may be charged by the Franchisee to the City for Residential Solid Waste Collection Services and it shall include all collection costs, disposal costs, and all 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. 9.1. Universal Billing. The Franchisee will bill all residential units effective July 01, 2023 through September 30, 2024. The Residential Solid Waste Collection Service Rate shall be increased by the 3% Franchise Fee, increasing the total monthly rate to $20.03. The Franchisee will retain the 3% franchise fee. The Franchisee will stop service if no payment received within 45 days of invoice date. After September 30, 2024, the Franchisee may continue collection efforts on past -due accounts and shall be entitled to retain the 3% franchise fees on the past due accounts to offset the uncollected debt but only on those accounts. 9.2. Payment. The City will be responsible for the billing and collection for the Residential Solid Waste Collection Service beginning October 01, 2024. The City shall make monthly payments in arrears to the Franchisee for the Residential Solid Waste Collection Service. The City reserves the right, with justification, to partially pay any monthly payment. The Franchisee shall be entitled to payment for services rendered irrespective of whether or not the City collects from customers for such service. Payments from the City to the Franchisee will be due and paid no later than twenty (20) days following the month which services were rendered. On or about October 1, 2024, the City shall provide to the Franchisee the estimated total number of Residential Units to be serviced. By November 1st of each Fiscal Year, the City shall provide to the Franchisee a copy of the annual assessment roll providing a detailed listing of all the Residential Units to receive these services. Thereafter and for the duration of the Agreement, the City shall promptly notify the Franchisee of new residential units to be served and/or deleted and payments will be adjusted accordingly. For example, the unit count as of October 31 shall be used to compute the payment for November. The unit count on November 30 shall be used for the payment for December, and so forth. New Residential Units which are added for service during the City's Fiscal Year will be added to the customer service list and payment will be paid by the City to the Franchisee in the Franchisee's monthly payment. New Residential Units, which are added for service during a month, will be added to the customer service list and payment will be rendered the following month. Payment shall not be prorated based upon the day of Certificate of Occupancy nor verification of the beginning of actual service for the first month of service. The payments from the City to the Franchisee for units added by Certificate of Occupancy are paid the first full month following the month in which the Certificate of Occupancy is issued. After the first year of the Agreement, the Residential Unit becomes part of the total number of the subsequent year's total number of units, provided annually to the Franchisee on or before October 1. Page 10 of 27 73 of 124 In the event the Franchisee provides service to Residential Units whose parcel was not included on the annual assessment roll provided by the City, the Franchisee must provide a written list of such Residential Units to the City's Contract Manager within 90 days of receipt of the assessment roll. Upon receipt of such written list by the City, the Contract Manager will verify the customer address and that service to the unit is proper within 30 days, and if proper, shall remit monthly payments to the Franchisee for such service effective as of October 1 of that Fiscal Year or the date service began, whichever is later. If the City has not received notification within the 90 days by the Franchisee, no adjustments to payment will be made until the next Fiscal Year annual roll is certified for the same units. However, the City reserves the right to correct any errors of omission or commission per the laws and rules that govern the City. In the event the City pays the Franchisee for a Residential Unit in error, for whatever reason, the Franchisee shall notify the Contract Manager. Upon determination of any overpayment, the Contract Manger will verify the error and make appropriate adjustment to the Franchisee's payment to correct the error. Section 10. Commercial Collection Service 10.0. General. The Franchisee shall provide all Commercial Collection Services within the City. 10.1. Frequency of Collection. Commercial Collection Services shall be provided at least one (1) time per week. In any event, Commercial Collection Services 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 Recvclinp,. Proposer shall develop a commercial recycling program for commercial establishments and businesses, and submit it to the City Manager for acceptance. Proposer will also develop a promotional campaign to encourage businesses located within the City of Sebastian to recycle. The promotional campaign shall be coordinated with the City Manager. The promotional campaign will be promoted through inserts in invoices to current commercial customers, plus announcements at City Council meetings, City website and City TV, and other events. The first three (3) months of commercial recycling will be without charge to the commercial customer provided the customer signs up during the commercial campaign. 10.4. Commercial Containers Required. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition, or renovation project shall be stored in a Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition, or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. 10.5. Non -Conforming Containers Prohibited. The use of any container or receptacle other than a 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. Page 11 of 27 74 of 124 10.6. Missing Carts. Contract Manager, at its sole discretion, shall decide whether or not a cart is stolen based on a police report. The Franchisee must replace the missing cart. 10.7. Adjacent Areas. If the Franchisee is responsible for Construction and Demolition Debris or other Solid Waste which is cast, blown, or scattered upon any adjacent property, the Franchisee shall remove the debris immediately, or no later than the end of the day on which the activities occurred. Section 11. Commercial Collection 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 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 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. 11.2.1. C.L.E.A.N. Program. C.L.E.A.N. Program is a proactive program that takes action against overflowing containers in the commercial areas of the city to promote health, safety, and cleanliness in the city. The franchisees clean program is a proven approach to keeping communities clean, reducing litter, and illegal dumping with the goal of having all customers on the correct level of service. The program will have a zero cost this city with the following provisions: a) Thirty (30) days prior to the commencement of the CLEAN program in the City, Franchisee shall notify each of its Customers that receive or will receive their garbage service by Commercial Container of the implementation of the CLEAN program. For purposes of this section, all notices shall be provided to the address of record provided to the Franchisee. b) Overfilling Commercial Containers present safety and health risks to the residents and businesses of the City. In the event Franchisee determines a Customer's Container is overfilled with waste and or recyclables during a collection event, Franchisee shall take a digital photograph of the overfilled container in such a manner to present evidence of such Overfilling. For purposes of this section, overfilling is defined as a container overloaded such that the lid does not close securely and is displaced by at least ten (10) inches) Franchisee shall provide to the Customer, notice of such Overfilling on the Customers next invoice for each event of Overfilling. Franchisee shall charge the customer the amount of two hundred dollars ($200). Overfilling charges shall not exceed eight hundred dollars ($800) per month, per Customer. Franchisee shall take reasonable steps to seek to increase the Customer's level of service by providing a larger container for the Customer and/or by increasing the frequency of service. If the Customer refuses the attempt to correct the Overflowing issue, Franchisee will forward information to the City code enforcement department. Provided that the customer agrees to modify the container size or service frequency to the appropriate level, franchisee will credit the customer two hundred dollars ($200). 11.3. Billing. Billing for Commercial Collection Service shall be the sole responsibility of the Franchisee. Page 12 of 27 75 of 124 Section 12. Adjustment to Rates 12.0. Adjustment to Rates. Compensation payable to the Franchisee for services provided hereunder shall be adjusted annually to reflect changes in the consumer price index for all consumers for the Southeastern United States, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statics (" CPP'). 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, 2024, and on each October 1 thereafter, the foregoing rates shall be adjusted to reflect any increase in the CPI for the immediately preceding twelve (12) month period of June to June, but no increase shall exceed three percent (3%) per annum. The Franchisee shall notify the City in writing of increases or decreases that are based on the CPI, as provided in this section, no less than thirty (60) 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 the 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 Agreement shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effective date of this Agreement is in conflict with, or requires changes in, the provisions of services to be provided under this Agreement, the parties agree to enter into good -faith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change in law. 12.2. Limitation on Rate Changes. The Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Franchisee's operations per se, such fee, charge or tax shall be treated as a change in law and shall be passed through as a separate billed item after notice and confirmation by the City. 12.3. Rate Adjustment Procedures. Should the Franchisee seek an adjustment of any charges established and approved by the Council, other than the CPI 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 City 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. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 76 of 124 Page 13 of 27 Section 13. General Obligations of Franchisee 13.0. Prohibitions on Biological, Biomedical, and Hazardous Waste. The Franchisee shall not collect Biological Waste, Biomedical Waste, or Hazardous Waste and the Franchisee shall not deliver or dispose of any of the foregoing wastes at the County Landfill. Franchisee shall not collect any Solid Waste that the Franchisee reasonably believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee shall immediately notify the Contract Manager if any Customer attempts to deliver such 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 urr•�r=ate 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. Spillage. The Franchisee shall not litter, and shall not spill Solid Waste, Recyclable Materials, or Oil Spills 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 from the Franchisee's vehicle, the Franchisee shall immediately clean up the spillage, leakage and litter at no cost to the City or Customer. If a Customer or the Contract Manager notifies the Franchisee that its actions have caused litter, spillage, leakage, or Oil Spills within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of the cleanup, remediation, damages, or roadway replacement 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 (120) after the end of the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon good cause. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 27 77 of 124 13.3.Other Reports. Upon request, Franchisee shall also provide the following reports: (a) The total number of residential, the total number of multifamily, and the total number of commercial accounts are being serviced. (b) The number of physically disabled and unable residents that currently have backdoor service. (c) The total number of duplex, triplex, fourplex and multifamily units that are serviced curbside. (d) A list of all multi -dwellings being serviced, with number of units and type of containers for each one, and frequency. (e) An actual count of residential units, multi -dwelling units. A list of commercial, five (5) units, or triplex, and multi -dwelling services with container size and frequency rate. (f) How many commercial compactors are in the entire City and frequency. 13.4. Customer Complaints. The Franchisee is responsible for receiving and addressing customer complaints. Any complaints the City may receive directly from the customer shall be directed to the Franchisee. If the City receives a complaint regarding the Franchisee service under this agreement, the complaint shall be immediately forwarded to the Franchisee by telephone or email. The Franchisee shall respond to complaints within 24 hours after the Franchisee receives them. When the complaint is received after 12:00 o'clock noon on a Saturday or on a day preceding an approved holiday, the Franchisee shall respond to a 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 24 hours, by telephone or e-mail, of the action taken to resolve the complaint. 13.5. Record. The Franchisee shall keep a written record of all complaints it receives regarding the Franchisee service under this Agreement. The Franchisee will report (on a monthly basis) complaints to the City that Franchisee receives directly or forwarded to the Franchisee from the City or the County. 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 nature of the complaint, the time and date when a complaint is received, when the Franchisee responded to the complaint, and when the complaint was resolved. The Franchisee records and forms shall be kept up to date and shall be maintained throughout the term of this agreement. Reports of the complaints from the Franchisee shall be kept at the Contract Manager's office and shall be available for inspection during normal business hours. 13.6. Notice of Certain Types of Complaints. The Franchisee shall immediately notify the Contract Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract Manager with a written report about any such matters within three (3) calendar days after the Franchisee receives the complaint. 13.7. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from a Customer because the Customer failed properly to prepare or place the Solid Waste for Collection, the Franchisee shall provide written notification to the Customer explaining why the Solid Waste was not Collected and what the Customer must do to properly prepare or place the Solid Waste for Collection. The Franchisee's initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the Garbage Receptacle or Solid Waste in question. Page 15 of 27 78 of 124 13.8. Community Cleanups. The Franchisee shall perform at least two (2) community cleanups within the Residential Solid Waste Franchisee 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 rr.up.;ate 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 City or to the sponsor. 13.9. Special Community Event Cleanups. In addition to the Community Cleanups, the Franchisee shall perform two (2) annual collection events each for electronics, paper shredding, white goods, electronics, light bulbs, batteries (Universal Waste) and tires. The Franchisee shall select and provide wrN.�r.rate containers during each community cleanup at no cost to the City or to the sponsor. 13.10. Waste Watch. Franchisee shall develop a "Waste Management Waste -Watch" Program in the City of Sebastian where the Franchisee drivers and workers are trained to look for suspicious activities and emergency situations and report to Law Enforcement what they have seen or heard. 13.11. Collection for City Facilities. Franchisee shall provide collection services at City facilities at no charge, including special service for the four (4) maior City -sponsored festivals held annuallv at Riverview Park. The City will dictate the number and types of dumpsters. a. The Franchisee shall provide up to fifty (50) blue sixty four (64) gallon Indian River County recycling carts for use at City parks and at City Hall. City staff will distribute to the appropriate parks and ensure they are placed along the recycling route for pickup. b. Franchisee will provide a recycling dumpster at Barber Street Park in which City staff will deposit recyclables from the recycling carts at City parks. Franchisee will service the dumpster as part of a regular Commercial Recycling Route. If additional City facilities require outside recycling cart service, the City will advise the Franchisee and it will provide carts for the city to distribute. Such facilities will be added to the regular recycling route. 13.12. 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. Compactors shall be wrapped with designs showcasing the City of Sebastian. Compactor wrap designs shall be approved by the City of Sebastian designated representative in conjunction with the Leisure Services Director. 13.13. Uncontrollable Forces. Neither the City nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this agreement, if delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non- performing party could not avoid by the exercise of reasonable diligence. Neither party shall, however, be excused from performance if nonperformance is due to forces or events that are preventable, removable, or remediable and which the non -performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non -performing party shall, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance in compliance with this Agreement will resume. 13.14. Rapid Recovery from Disaster. The clean-up from some natural disasters (including hurricanes) Page 16 of 27 79 of 124 may require that the Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franchisee has received written approval from the Contract Manager prior to the work being performed. All such costs may be audited by the City prior to payment. Unless and until the parties reach agreement on extra compensation, the Franchisee shall not be required to perform clean-up from a natural disaster. 13.15. 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. 13.16. Force Majeure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event!). If a party is prevented or delayed in the performance of any such obligations by a force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not limited to acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), war, riot, pandemic, or insurrection, inability to obtain required permits or licenses, hurricanes, and severe floods. 13.17. Indemnification. The Franchisee shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Franchisee and other persons employed or utilized by the Franchisee in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the Franchisee shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and Franchisee shall pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the C= waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This section shall survive the termination of this agreement. 80 of 124 Page 17 of 27 13.18. Contract Changes 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 and for the benefit of the City. 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. 13.19. Office. The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two (2) or more toll free numbers 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 any time, and for communicating with the City regarding emergency matters. 13.20. Vehicles. Upon execution of this Agreement, Contractor shall order new trucks and such trucks shall be dedicated to servicing the City of Sebastian franchise agreement. At all times the Franchisee shall have a sufficient number of new trucks, new 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 services to the Franchise area. Vehicles used by the Franchisee in the performance of this agreement shall be clearly identified with the Franchisees name, local phone number, truck number, and tear weight, letters and numbers shall be at least 4 inches high. 13.21. 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 the 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. 13.22. Condition of Equipment and Vehicles. The City reserves the right to inspect all equipment listed by the Franchisee. All of the Franchisee's vehicles shall be kept in a clean and 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 Franchisees shall be in compliance with all applicable laws, including, without limitation, laws concerning noise, air pollution, and Traffic Safety. Should the City determine that the Franchisees 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 Franchisees equipment become older than 12 years. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 18 of 27 81 of 124 13.23. 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. 13.24. STANDARD INSURANCE REOUIREMENTS: Before starting and until acceptance of the work by the City, the Awarded Franchisee shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, City of Sebastian, FL 32958 and should reference the operation. Prior to cancellation of any insurance policy, at least 30 days advance written notice shall be given to the City of Sebastian. Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The Successful Franchisee shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Sebastian and shall name the City of Sebastian as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an "occurrence" form. B. Business Vehicles: Successful Franchisee shall provide minimum limits of liability of $5,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for: • Owned Vehicles • Hired Vehicles • Non -Owned Vehicles C. Umbrella/ Excess Liability: Successful Franchisee shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Franchisee has $2,000,000 General Aggregate under the Commercial General Liability Policy.* REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 82 of 124 Page 19 of 27 D. Workers' Compensation: The Successful Franchisee shall provide and maintain workers' compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Exemption certificates to this requirement are not acceptable. Should the Named Vendor utilize a Professional Employer Organization, said Vendor acknowledges and agrees that all employees sent to the City of Sebastian MUST be included on that PEO roster. Said policy must include Employers' Liability insurance with limits of no less than: • Each Accident $ 100,000.00 • Disease — Policy Limit $ 500,000.00 • Disease — Each Employee $ 100,000.00 Successful Franchisee shall further ensure that all of its sub -contractors maintain appropriate levels of workers' compensation insurance. Other Insurance Provisions: The City of Sebastian is to be specifically included on all certificates of insurance as an additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work, In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation to the policy. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the Successful Franchisee to ensure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project, but such policy may be redacted as necessary. City reserves the right to accept or reject the insurance carrier. 13.25. 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. Section 14. Administrative Charges to Franchisee for Failure to Perform 14.0 Failure to Pay Franchise Fee. Franchise fee payments received after the fifteenth (15`) day of the month shall bear interest at 18% per year. Except for an Uncontrollable Force, franchise fee payments received more than twenty (20) days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any one calendar year, or failure to make payment within thirty (30) days after the due date and after ten (10) days' notice to cure, unless due to an Uncontrollable Force, shall result in termination of this Agreement. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 20 of 27 83 of 124 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 13.4, applicable terms of this Agreement. Customer service Complaints shall not include Customer informational request or Recycling Container requests. Customer service complaints may include, but are not limited to, the following: 1. Co -mingling 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) of the Customers in the Franchise Area served by the Franchisee as determined on the first day of each calendar year: Comvlaint Twe Garbage, Trash and Damage Yard Trash Annual % Monthly % 4% 0.5% 2.5% 0.35% 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. 14.4. Changing Scheduled Collection routes without Approval. Changing scheduled Collection routes without approval will result in a $2000.00 administrative charger per incident. 14.5 Failure to Clean Up Spillage. 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 for each incident until the issue(s) is resolved 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 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 the first five (5) hours the very next day. 14.7 Other Performance Standards and Administrative Charges. 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 complaints in a timely and appiL vpL.Late manner 84 of 124 Page 21 of 27 14.9. City Repair of Damage. In the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repairs and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable administrative expenses. 14.10. Payment of Administrative Charges 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 during the prior month, including the nature of the failure, date, time, location, and any other available and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized list will be provided to the Franchisee monthly, on or before the tenth (IWh) calendar day of each month. The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the Administrative Charges or to contest same as set forth herein. In the event the Franchisee wishes to contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standards of this Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to the City Manager, who shall conduct a review of all of the facts and circumstances, and make a determination in writing. The decision of the City Manager will be final. Section 15. Default 15.0 Causes of Default. The City may terminate this Agreement, except as otherwise provided below in this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events: 1. Filing of Insolvency 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. Failure to Pay Franchise Fees in Violation of Section 14.0 or Administrative Charges in Violation of Section 14.10; 3. Declaration of Bankruptcy. 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; REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4. Control by Receiver, Trustee, or Liquidator. By or pursuant to or under authority of any Page 22 of 27 85 of 124 legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Franchisee, and such possession or control shall continue in effect for a period of sixty days; or 5. 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 cannot be cured within thirty (30) days, and that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). 6. Repeated Unauthorized Collection. Franchisee has on four (4) occasions during the term of this Agreement been found to have Collected Residential Solid Waste generated from outside the Residential Solid Waste Franchise Area from non -Customers without the prior written approval of the Contract Manager. 15.1. Interim Collection Services. Notwithstanding anything contained herein to the contrary, if Franchisee fails to provide Residential Solid Waste Collection Service for a period of three (3) consecutive scheduled Collection days, the City may obtain the Franchisee's Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume performance at the end of ten (10) working days, all liability of the City under this Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated by the City. 15.2 Habitual Violator. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event that Franchisee's record of performance shows that Franchisee has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Franchisee, in the reasonable opinion of the City and regardless of whether Franchisee has corrected each individual default, Franchisee shall be deemed a "habitual violator," shall forfeit the right to any further notice or grace period to correct or cure future defaults, and all of such defaults shall be considered cumulative and, collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue a final warning letter to Franchisee, setting forth in detail all of the facts and circumstances constituting the determination of "habitual violator." Thereafter, any single default by Franchisee of whatever nature shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, the City may terminate this Agreement upon the giving of written final notice to Franchisee, such termination to be effective on the date set forth in the final notice, and all contractual fees due under this Agreement plus any and all charges and interest shall be payable to such date, and Franchisee shall have no further rights under this Agreement. Immediately upon receipt of such final notice, Franchisee shall proceed to cease any further performance under this Agreement. Page 23 of 27 86 of 124 15.3. Date of Agreement Termination for Default. Except as otherwise provided in this section, termination shall be effective upon the date specified in City's written notice to Franchisee and upon such date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for Collection services. The Franchisee shall reimburse the City for all direct and indirect costs of providing interim Collection service if Franchisee has defaulted (but excluding circumstances involving Uncontrollable Forces or a Force Majeure Event). 15.4. Termination with or Without Cause. The agreement resulting from this RFP can be terminated within thirty (30) days written notice from the City with cause if Franchisee is found to have failed to materially perform services in a manner satisfactory to the City. The City shall be sole judge of non- performance. Further, the agreement can be terminated by either party without cause upon one -hundred twenty (120) days written notice by either Party. In the event of termination without cause, the Franchisee shall be compensated for all services performed to the City's satisfaction. Section 16. General Provisions 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 Governing 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 of the essence of the Agreement, at the option of the City, be determined to be void. Page 24 of 27 87 of 124 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 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. 16.6. Modification of the Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, matters, whether oral or written, relating to such matters and this Agreement shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment executed by both parties. 16.7. Independence of Parties. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or joint ventures between the parties hereto, or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. The Franchisee is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 16.8. Resolution of Disputes. Except as specifically provided herein, any and all disputes or disagreements arising out of this Agreement shall be subject to the decision of the Contract Manager, with right of the Franchisee to appeal to first the City Manager, and thereafter to the Council, whose decision shall be final and binding. During any dispute, the Franchisee shall continue to render full compliance with. this Agreement regardless of the nature of the dispute, unless the City specifically notifies the Franchisee otherwise. 16.9. Representation of the Franchisee. The Franchisee represents that: (a) it is a corporation duly organized under the laws of the State of Florida; (b) this Agreement has been duly authorized, executed, and delivered in the State of Florida; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had the benefit of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions. The terms of the Agreement shall not be construed against either party as the "drafter' of the document. 88 of 124 Page 25 of 27 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: Copy To: Waste Management Inc. of Florida C/O Deborah Perez 4310 77" Street Vero Beach, Fl. 32967 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 deemed received on next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. 16.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 16.13. Headings. Captions and headings in this Agreement are for ease of reference only and shall not constitute a part of this Agreement nor affect its meaning, construction, or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. BY' %l, B Je a Williams Paul E. Carlisle Approved Andfew Mai, Interim City Attorney Witness Signature: Print Name: Witness Signature: Print Name: L l AW State of Florida, County of Q Cam *A \' Pkan Franchisee: By . Name/Title: RES;OfN i (Affix Corporate Seal) Page 26 of 27 89 of 124 The foregoing instrument was acknowledged before me this •t1n day of P'6\ ' A� An 1 by �� \" �• �" \ Y�Uf1 as �{�•�s�&-R—J of Company Name q n (ij eA , a Florida corporation, on behalf of the same. He/she is pera2nq v kcnnowr� to me or has produced as identification. (Notary Seal) Notary Signature '""" iFlLTO lY ANN HYMN' OOF j Notary Nblic - State of Flerida Printed Not Si tore Commission 1 NN 239469 1My Comm. Uplrft Mar 13, 2026 Notary Public, State of f CI Aandk thrMh N+dvW Notary Assn, Commission Number: �:� 9 6 Q My Commission Expires: O3 1 !A / d.08K 6 Page 27 of 27 90 of 124 Exhibit "A" City of Sebastian - Solid Waste Franchise ax Franchisa Fee excluded In all charts Sebastian Effective 7/92023 Commercial Non -Cora �/cted Yardage - Datall Pricing Plctri4 De, Week 2 Size 1 4 5 6 XPU 2 - Cub% Yard $ 92.84 $ 171.88 $ 250.63 $ 329.37 $ 408.21 $ 467.05 $ 76.00 3 - Cubic Yard $ 139.26 $ 267.63 $ 376.79 $ 494.05 $ 61232 $ 703.68 $ 80.00 4 - Cubic Yard $ 155.68 $ 343.37 $ 601.05 $ 658.74 $ 816.42 $ 974.11 $ B5.00 6 - Cubic Yard $ 278.53 $ 516.05 $ 751.68 $ 988.11 $ 1,224.64 $ 1,461.16 $ 9D.00 8 -Cubic Yard $ 371.37 $ 686.74 $ 1,002.11 $ 1,317.48 $ 1,632.86 $ 1,948.22 $ 95.00 Commercial Compacted Yardage - Detall Pricing Pickups par Week 2 YD CDmP I$ 1�73.00 I$ 1 34b.1b I $ 17.73 E$ 4 690.30 I S6288 I S 1%35.46 I $U76.00 1 COMMERCIAL SOLID TEr AND ROLLOUT RATE -DETAIL PRICING P ps p eak sire 1 2 ! 4 5 a XPU iB Gallon Carl Gallon C S.W Rollout all { 1�5 1;� N/A 75.00 Service 16.00 5 W W 16.0 NIA. 16.00 ROLLOFF SOLID WASTE OPEN TOP rONTAINERS - DETAIL PRICING Container ME Pull Rate Service Charge 15 Yard Den Too00 FI-A 20 Yard pen Too b 142.89 1142.89 30 Yard n Top 8.00 $142.89 40 Yard pen To >KO5.00 20 Yard or lea i1 Per Pull �4¢5.00 $142.89 1�2.89 �2i to 40 �g Q contain is Per Pull 5.00 Coma is P A90YE RA 8 CT TO ADDITIONAL LANDF LL FEES i 2.89 _ ROLLOFF SOLID WASTE COMPACTOR!? - DETAIL PRICING Container SZE 117 Pull Rate Service Charge Yard Compactor 120 Ye�Compac�or 105.00 142.69 30 Yard Compactor 15,00 2.8940 Yard W. Dactor lAddltional D5.0017.99Comoactor Stwa not noted above D5.00 1 2.69 RESIDENTIAL RATES - DETAIL PRICING Un-Ca0 Isutx Waste, Whoa Garbage 1x Yard Trash 1x Goods Single Family Home + - Curbslds $19A5 $0.00 $0.00 88Ga nCart-De ¢} � n Carl - Op on 39 D n Multl-Dwet�ng �5�or more Units) - Curbalde $19.45 $D.00 $0.00 Oaf 0n Cart - DefaDit tie n cari - IjS oh 38 Ga n Ceri - pUon + Duplex, TfID ax, Guadplez Add[Uonal Carl Lost Cart/Customer Abuse Charge I Note: i4andlcap backdoo/'seh4ce of above rates. No add ional cost. Additonal Cant Total Quarterly Quarterly $19.45 $ 58.35 NIC $19.45 $ 50.35 NIC $85.00 $85.00 91 of 124 4/8/2023 9:18 AM City of Sebastian Proposal - Exhibit A v2.xlsx Page 1 ancr SEA- i HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 26, 2023 Agenda Item Title: Discussion on City Attorney recruitment. Recommendation: City Council has received the proposed finalists from Colin Baenziger and Associates for the recruitment of the next City Attorney. Rodney Antonio Edwards C. Jackson Latimer Ralph Ventura Colin Baenziger and Associates requests direction on how they should move forward. Background: In March of 2023 City Council entered into an agreement with Colin Baenziger and Associates to perform a national search for candidates for the position of the City Attorney. Three finalists were received. After providing the City Council with the finalists for the position, the CBA needs direction from Council on the next steps in the process. If Agenda Item Requires Expenditure of Funds: Total Cost: NIA Attachments: 1. Candidates' Introduction letters 2. City Attorney budget Administrative Services Department Review:'�M , City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager ut orization: �! c Date: 3 92 of 124 Section 2 Rodney- Antonio Edwards 1270 'Wakefield Road SE Palm Bay. Florida 3 2909 (407) 558-0380 N-larch 3. 2023 City of Sebastian 1225 Main Street Sebastian Florida 32958 RE: City Attorney Position Dear Honorable'Nlayor and City Council. I was excited to see your opening for City Attorney and would like to express my interest in being considered for the position of City Attorney for the City of Sebastian. Please accept this Letter of Interest and Resume in regards n. to your City Attorney position with the City of Sebastia I was born and raised in Brevard County (Nielbourne). Florida and graduated fi-om Melbouune High School in 1990. at which point I enlisted in the United States Marine Corps. I was honorably discharged in 1995 at Marine Corps Air Station El Toro. but remained in California until 2006. when I renuned to Brevard County to attend Law School at Florida A&M University College of Lawin Orlando_ I am currently the Deputy City Attorney for the City of Palm Bay. Florida which is the largest municipaliht in Brevard County. As of December 28. 2022. the City of Palm Bay had an estimated population of 129.723 persons. The completion of the current annexation will bring the city's landmass to approximately 100 square miles, of which 60% is built out. The city employs 914 employees of which 21 S are police and 139 are fire. There 15 City Departments that Soil- in concert to efficiently and effectively run the government for the benefit of our residents. As Deputy City Attorney I am responsible assisting the City Attorney in providing legal sen-ices to the City and performing the responsibility of general legal counsel. I render legal adiice and assistance to City Council. City Manager. and various Department Heads within the City_ I research legal questions. render legal opinions. prepare Resolutions and Ordinances. draft legal documents. and represent the City in various fotxns of Civil Litigation in both State and Federal Courts. I ant licensed to practice lacy in all the State Courts of Florida and admitted to practice before the U.S. District Count (-Northern District. Middle District. and Southern Districts) of Florida. 11 � Circuit Court of Appeals. and the Supreme Court of the United States of America. I have been AV- rated by Martindale Hubbell* (Highest possible rating in both legal ability & ethical standard,) since 2017. I have been awarded Florida Trend's Legal Elite (2021. 2022) Top Government Laxv er. Both of these awards were toted by my peers around the State of Florida. At your earliest convenience. please take the opportunity to reiiew my- restune to fiuther evaluate my candidacy for this excellent position. I look forward to discussing my qualifications in fiuther detail and welcome the opportunity for an interview. Thank you for your consideration. Sincerely. Rodney A. Edwards Page 2 of 48 93 of 124 Section 3 C. Jackson Latimer EDUCATION Juris Doctor, Texas A&M University School of Law Bachelor of Science, Agricultural Systems Management, Texas A&M University FLORIDA BAR NUMBER 1042266 EXPERIENCE Deputy County Attorney, Potter County Attorney's Office July 2018 — Present Assistant City Attorney, City of Amarillo January — July 2018 BACKGROUND —MOST RELEVANT EXPERIENCE Amarillo is the economic and cultural hub of the northern Texas panhandle. Amarillo is home to approximately 200,000 residents between Potter County and Randall County. Interstates 40 and 27 are major thoroughfares and historic Route 66 runs through downtown. Amarillo is known as "bomb city" because it is home to the Pantex facility, the defense contractor responsible for maintenance of the United States' nuclear weapons arsenal since the 1950s. Pantex, Tyson, Baptist -St. Anthony's Hospital, and the City of Amarillo are among the area's largest employers. While Amarillo has a strong western American Heritage, it is also home to the most international refugees per capita of any city in Texas. Amarillo therefore has much cultural diversity represented in its population. Potter County, which includes the northern portion of Amarillo, has approximately 120,000 residents. Potter County employs approximately 600 people, most of whom work for the Sheriff's Office. The County Attorney's Office currently employs 27 people, including 10 attorneys. As Deputy County Attorney, I report directly to the elected County Attorney and have four division chiefs under my supervision. The Potter County Attorney's Office handles more legal work for Potter County than any other similarly sized county in Texas. Two matters, however, are typically outsourced. First, Potter County has a contract with an outside law firm specializing in debt collection for its tax assessor and clerks offices. This contract does not cost the County since fees are passed through to debtors. Secondly, Potter County's liability insurance carrier has begun assigning claims against the County to an outside law firm with which the carrier contracts. All other legal matters are handled in house by the County Attorney's Office. Page 6 of 26 94 of 124 Section 3 C. Jackson Latimer The three most significant legal issues facing Potter County are: Mental health. While there are multiple examples of unfunded mandates handed down from the State legislature that are straining Texas counties, one of the most vexing is the ongoing mental health crisis. A greater portion of the county's resources are being consumed addressing mental health issues, through civil commitments and the criminal justice system, each year. While the criminal justice system is not intended to address public health issues, it is often the best chance some indigent residents have for getting treatment. There are efforts to open a state mental health hospital. But there is a dearth of resources in the private facility to address the ongoing issue. Economic development. Potter County struggles to keep pace of its economic growth. One solution has been to enter tax abatement agreements with companies recruited by the Amarillo Economic Development Corporation. While the tax abatement agreements will likely prove fruitful in the long run, they create near -term strain on a relatively small residential tax base. Attracting residential developers is one of the ongoing goals of the county. Housing criminal defendants. Potter County is dealing with ongoing issues of overcrowding in its jail. This is an area where two important policies are in conflict. Ultimately, budgetary concerns are going to have to concede. But the county is in the early stages of evaluating the most cost-effective solution to address this ongoing concern. GENERAL. MANAGEMENT STYLE AND EXPERIENCE I am a local government attorney with proven leadership skills looking for the right opportunity to advance my career to the next level of responsibility as a city or county attorney. I am also a Florida -native. My wife and I have two children, Samuel and Lucy, and we hope to relocate our family to a family -friendly community in the great state of Florida. A city attorney is foremost a trustworthy counselor. A city attorney should be available and accessible to the council and follow through on his word. And a city attorney should be candid — he cannot shy away from difficult conversations with his client, even when he must deliver bad news. My goal is also to be a city attorney that is an asset to the organization. I believe this means being a team player and servant leader. I believe a city attorney must possess excellent professional and legal judgment, and communicate his advice in a way that empowers the council to make its best decisions. A successful city attorney must demonstrate leadership. I believe he should take responsibility for the outcomes, lift up those around him, and highly regard his integrity both in and out of the office. Any claim against a governmental entity must be approached with respect. A major part of my job as an attorney is reliably determining the probability of outcomes and risks associated with legal claims. This means having a firm grasp on the nuances of the law for claims and defenses. Page 7 of 26 95 of 124 Section 3 C. Jackson Latimer Therefore, researching the lastest case law is often a necessary initial step to be certain of the legal landscape. Furthermore, it is often necessary to conduct independent investigation into the facts to verify or discredit the allegations. I take a very practical approach to claims. My goal is always to dispose of claims at the least cost to my client. If a claim is frivolous, I stand my ground. If a claim is legitimate, then a speedy resolution is probably in the client's best interest. While I give my best advice and do all I can to protect my client's interests, I am ultimately not the driver —the client makes the final decisions affecting a lawsuit. I think the people I manage would say I am easy to work for. I believe in trusting my employees to be diligent, professional, and come to me for guidance. However, every manager often must react to problems without warning. I believe it is important to listen and take time to contemplate before formulating a response. When an employee comes to me with a problem, I will usually respond first by asking questions. I am a counselor by nature, and I often have colleagues seeking my advice in confidence. As a manager I strive to empower people to master their own solutions by placing tools in their hands to navigate a problem. Much of my experience with the Potter County Attorney's Office and the City of Amarillo is relevant to Sebastian's current situation. I began my career as a municipal prosecutor and many of the cases I tried dealt with violations of the municipal code, some of which were land use and permitting issues. One of my first projects for Potter County was a land use issue wherein an outdoor shooting range was operating too closely to a residential subdivision. Annexing a large tract of land generally means new revenue and growth for a city. My goal as a city attorney will be to mitigate the growing pains along the way and set Sebastian up for long-term success. I believe a City Attorney owes it to his client to be candid and share any information which he reasonably believes the Council would find relevant to their decisions. I usually speak my mind openly to clients. But my advice to my clients is only useful to them if it is communicated in a way that will be received. Therefore, I am always respectful. I prefer to cultivate relationships that allow me to speak to elected officials as friends. And if it is clear that the person does not want my advice, I do not impose it on them. But I always want to be a member of the team. Elected officials would say that I am a reliable source of wise counsel for them. If they find themselves in a crisis, I am probably the first person they will call. I believe colleagues would say that I put my faith and family first, and that I am trustworthy. I believe Commissioners find me trustworthy because I am honest and I follow through on my word. Managers would say that I am easy to work with and approach problems practically. I began my legal career as a municipal prosecutor. After a few months with the City Attorney's office I was managing the satellite office at the municipal court. I was recruited by the County Attorney's Office where I prosecuted higher levels of misdemeanor offenses. During my time with the County Attorney's Office I have gone from an entry level prosecutor to the civil division chief, and finally to Deputy County Attorney. While I was still a criminal prosecutor I was given the opportunity to handle a land use issue for the county dealing with a shooting Page S of 26 96 of 124 Section 4 U 0 ffitUM Attorney at Law 2355 Sa¢ebo Streer Suite 300 Corai Gao*s, FloriDa 33134 305,502.1013 R alp n,Uve n taro L ow.t d et wwwNenturaLaw.Het March 20, 2023 The Honorable Fred Jones Mayor of the City of Sebastian, Florida and Nfembers of the City Council Re: City Attorney Position Dear Mayor Jones and Members of the Council: Via email only to: Rewki33(q)cb-am.com It is with great interest that I read about the opening for city attonuey in Sebastian as I have been contemplating a move out of Miami -Dade County. I have served as a city attorney for the City of Sweetwater, Florida on mo occasions: first from January, 2007 to June, 2015 and now from August 2021 to present_ In the interim, I served as Mayor Orlando Lopez's chief of staff and deputy city manager for silt years. As Sweetwater has a strong mayor form of government, I held the highest ranking non -elected position in the city. Your email announcing the opening stresses that candidates should have experience in: "administrative matters and proceedings; city charter and city code of ordinances issues; code enforcement; contract law; drafisng and reviewing ordinances and resolutions; ethics laws; constitutional lain applicable federal and state laws: litigation; municipal leases and a&.: and public records and sunshine law matters_" I can comfortably say have handled all these as both city attorney and as chief of staff. I attach a copy of my resume for your consideration and hope to hear from you in the near future_ Thank you for your attention to this platter. Very truly yours. Ralph Ventura Page 2 of 56 97 of 124 04/10/2023 15:05 ICITY OF SEBASTIAN 2944kmaison IYEAR-TO-DATE BUDGET REPORT I 2 Iglytdbud FOR 2023 06 JOURNAL DETAIL 2023 6 TO 2023 6 ORIGINAL REVISED AVAILABLE PCT APPROP BUDGET YTD EXPENDED MTD EXPENDED ENCUMBRANCES BUDGET USED ------------------------------------------------------------------------------------------------------------------------------------ 010010 LEGAL 511200 REGULAR SALARIES AND WAGES 512100 FICA TAXES 512225 DEFFERED COMPENSATION 512301 GROUP LIFE/HEALTH INSURANCE 512309 EMPLOYEE ASSISTANCE PROGRAM 512400 WORKER'S COMPENSATION 533400 OTHER CONTRACTUAL SERVICES 534000 TRAVEL & PER DIEM 534105 CELLULAR TELEPHONE 534115 ONLINE SERVICE FEES 534120 POSTAGE 534130 EXPRESS MAIL CHARGES 534420 EQUIPMENT LEASES 534630 R & M-OFFICE EQUIPMENT 535200 DEPARTMENTAL SUPPLIES 535410 MEMBERSHIP & PROFESSIONAL DUE 535420 BOOKS AND PUBLICATIONS 535450 TRAINING AND EDUCATION TOTAL LEGAL TOTAL GENERAL FUND 137,750 137,950 74,382.99 21,229.19 .00 63,567.01 53.9% 10,540 10,555 5,690.22 1,624.02 .00 4,864.78 53.9% 12,398 12,398 5,957.25 1,191.45 .00 6,440.75 48.19k 27,434 27,434 12,909.78 2,125.21 .00 14,524.22 47.11k 16 16 7.92 .00 .00 8.08 49.51k 202 202 123.26 37.46 .00 78.74 61.01k 30,700 65,200 13,332.49 520.00 34,500.00 17,367.51 73.496 3,000 3,000 .00 .00 .00 3,000.00 .01k 445 445 181.45 36.28 .00 263.55 40.8% 7,065 7,065 2,913.39 593.04 .00 4,151.61 41.2% 40 40 .00 .00 .00 40.00 .09, 30 30 .00 .00 .00 30.00 .0$ 630 630 311.13 48.44 .00 318.87 49,496 300 300 109.91 22.02 .00 190.09 36.6% 2,500 2,500 2,255.92 794.03 .00 244.08 90.2% 680 680 250.00 .00 .00 430.00 36.8% 1,000 1,000 .00 .00 .00 1,000.00 .0% 2,000 2,000 .00 .00 .00 2,000.00 .0% 236,730 271,445 118,425.71 28,221.14 34,500.00 118,519.29 56.3% 543,475 580,826 271,127.31 61,812.30 34,500.00 275,198.69 52.6% GRAND TOTAL 543,475 580,826 271,127.31 61,812.30 ** END OF REPORT - Generated by Kim Maison ** 34,500.00 275,196.69 52.6% 98 of 124 04/10/2023 15:07 ICITY OF SEBASTIAN 2944kmaison YEAR-TO-DATE BUDGET REPORT I e 1glytdbud FOR 2023 06 JOURNAL DETAIL 2023 6 TO 2023 6 ORIGINAL REVISED AVAILABLE PCT APPROP BUDGET YTD EXPENDED MTD EXPENDED ENCUMBRANCES BUDGET USED ------------------------------------------------------------------------------------------------------------------------------------ 010010 LEGAL ----------------------------------------- 511200 REGULAR SALARIES AND WAGES ----------------------------------------- 010010 511200 SALARIES 137,750 137,950 74,382.99 21,229.19 .00 63,567.01 53.9$ 2023/06/036014 03/02/2023 GNI 5,295.38 REF 022523 Regular Earnings 2023/06/036094 03/16/2023 GNI 5,295.36 REF 031123 Regular Earnings 2023/06/036183 03/30/2023 GNI 5,578.69 REF 032523 301 VAC PO 2023/06/036183 03/30/2023 GNI 5,295.38 REF 032523 Regular Earnings 2023/06/036183 03/30/2023 GNI -2,647.69 REF 032523 Salary 2023/06/036183 03/30/2023 GNI 2,412.05 REF 032523 Sick Payout TOTAL REGULAR SALARIES AND WAGES 137,750 137,950 74,382.99 21,229.19 .00 63,567.01 53.991 512100 FICA TAXES ----------------------------------------- 010010 512100 FICA 10,540 10,555 5,690.22 1,624.02 .00 4,864.78 53.991 2023/06/036014 03/02/2023 GNI 76.78 REF 022S23 Employer Medicare Expense 2023/06/036014 03/02/2023 GNI 328.31 REF 022523 Employer Soc Security Expense 2023/06/036094 03/16/2023 GNI 76.78 REF 031123 Employer Medicare Expense 2023/06/036094 03/16/2023 GNI 328.31 REF 031123 Employer Soc Security Expense 2023/06/036183 03/30/2023 GNI 154.26 REF 032523 Employer Medicare Expense 2023/06/036183 03/30/2023 GNI 659.58 REF 032523 Employer Soc Security Expense TOTAL FICA TAXES 10,540 10,555 5,690.22 1,624.02 .00 4,864.78 53.9% 512225 DEFFERED ----------------------------------------- COMPENSATION 010010 512225 DEF COMP 12,398 12,398 5,957.25 1,191.45 .00 6,440.75 48.1% 2023/06/036014 03/02/2023 GNI 476.58 REF 022523 Employer 401K Match Expense 2023/06/036094 03/16/2023 GNI 476.58 REF 031123 Employer 401K Match Expense 2023/06/036183 03/30/2023 GNI 238.29 REF 032523 Employer 401K Match Expense 99 of 124 04/10/2023 15:07 ICITY OF SEBASTIAN 2944kmaison YEAR-TO-DATE BUDGET REPORT I 9 Iglytdbud FOR 2023 06 JOURNAL DETAIL 2023 6 TO 2023 6 ORIGINAL REVISED AVAILABLE PCf ------------------------------------------------------------------------------------------------------------------------------------ APPROP BUDGET YTD EXPENDED MTD EXPENDED ENCUMBRANCES BUDGET USED TOTAL DEFFERED COMPENSATION 12,398 12,399 5,957.25 1,191.45 .00 6,440.75 48.11k 512301 GROUP LIFE/HEALTH INSURANCE ----------------------------------------- 010010 512301 GROUP INS 27,434 27,434 12,909.78 2,125.21 .00 14,524.22 47.19k 2023/06/036014 03/02/2023 GNI 124.57 REF 022523 2380 LIFE 2023/06/036014 03/02/2023 GNI 65.04 REF 022523 Employer Dental Expense 2023/06/036014 03/02/2023 GNI 1,924.30 REF 022523 Employer Paid Medical Expense 2023/06/036014 03/02/2023 GNI 11.30 REF 022523 Employer Vision Expense TOTAL GROUP LIFE/HEALTH INSURANCE 27,434 27,434 12,909.78 2,125.21 .00 14,524.22 47.191 512309 EMPLOYEE ASSISTANCE PROGRAM ----------------------------------------- 010010 512309 RAP 16 16 7.92 .00 .00 8.08 49.591 TOTAL EMPLOYEE ASSISTANCE PROGRAM 512400 WORKER'S COMPENSATION ----------------------------------------- 010010 512400 WORK COMP 2023/06/036028 03/06/2023 API TOTAL WORKER'S COMPENSATION 533400 OTHER CONTRACTUAL SERVICES ----------------------------------------- 010010 533400 OTHER CONT 2023/06/036152 03/28/2023 API 16 16 7.92 .00 .00 8.08 49.5% 202 202 123.26 37.46 .00 78.74 61.096 37.46 VND 067079 VCH155136 Florida Municipal In 3rd Installment 22/23 Fund 107399 202 202 123.26 37.46 .00 78.74 61.0% 30,700 65,200 13,332.49 520.00 34,500.00 17,367.51 73.4% 520.00 VND 002080 VCH155631 Weiss Serota Feb 2023 Professional Services 107549 100 of 124 04/10/2023 15:07 ICITY OF SEBASTIAN IF 10 2944kmaison YEAR-TO-DATE BUDGET REPORT Iglytdbud FOR 2023 06 JOURNAL DETAIL 2023 6 TO 2023 6 ORIGINAL REVISED AVAILABLE PCT ------------------------------------------------------------------------------------------------------------------------------------ APPROP BUDGET YTD EXPENDED MTD EXPENDED ENCUMBRANCES BUDGET USED TOTAL OTHER CONTRACTUAL SERVICES 30,700 65,200 13,332.49 520.00 34,500.00 17,367.51 73.491 534000 TRAVEL & PER DIEM ----------------------------------------- 010010 534000 TRAVEL 3,000 3,000 .00 .00 .00 3,000.00 .0% TOTAL TRAVEL & PER DIEM 3,000 3,000 .00 .00 .00 3,000.00 .09, 534101 TELEPHONE SERVICE ----------------------------------------- 010010 534101 TELE SVC 0 0 .00 .00 .00 .00 .09, TOTAL TELEPHONE SERVICE 0 0 .00 .00 .00 .00 .0% 534105 CELLULAR TELEPHONE ----------------------------------------- 010010 534105 CELL PHONE 445 445 182.45 36.28 .00 263.55 40.8% 2023/06/036074 03/07/2023 API 36.28 VND 223010 VCH155360 Verizon Wireless Billing 1.29.23-2.28.23 33012 TOTAL CELLULAR TELEPHONE 445 445 181.45 36.28 .00 263.55 40.8% 534110 INTERNET SERVICES ----------------------------------------- 010010 534110 INTERNET 0 0 .00 .00 .00 .00 .0% TOTAL INTERNET SERVICES 0 0 .00 .00 .00 .00 .0% 534115 ONLINE SERVICE FEES ----------------------------------------- 010010 534115 ONLINE FEE 7,065 7,065 2,913.39 593.04 .00 4,151.61 41.2% 101 of 124 04/10/2023 15:07 ICITY OF SEBASTIAN IP 11 2944kmaison YEAR-TO-DATE BUDGET REPORT Iglytdbud FOR 2023 06 JOURNAL DETAIL 2023 6 TO 2023 6 ORIGINAL REVISED AVAILABLE PCT ------------------------------------------------------------------------------------------------------------------------------------ APPROP BUDGET YTD EXPENDED MTD EXPENDED ENCUMBRANCES BUDGET USED 2023/06/036116 03/20/2023 API 593.04 VND 237840 VCHISS403 Thomson Reuters Feb 2023 Online/Software 107507 TOTAL ONLINE SERVICE FEES 7,065 7,065 2,913.39 593.04 .00 4,151.61 41.296 534120 POSTAGE ----------------------------------------- 010010 534120 POSTAGE 40 40 .00 .00 .00 40.00 .0% TOTAL POSTAGE 40 40 .00 .00 .00 40.00 .0% S34130 EXPRESS MAIL CHARGES ----------------------------------------- 010010 534130 EXPR MAIL 30 30 .00 .00 .00 30.00 .0% TOTAL EXPRESS MAIL CHARGES 30 30 .00 .00 .00 30.00 .0% S34420 EQUIPMENT LEASES ----------------------------------------- 010010 534420 EQUIP LEAS 630 630 311.13 48.44 .00 318.87 49.4% 2023/06/036019 03/02/2023 GEN 4.50 REF KM March 2023 Printer Lease Pymt 2023/06/036020 03/02/2023 GEN 43.94 REF KM March 2023 Copier/Printer Leas TOTAL EQUIPMENT LEASES 630 630 311.13 48.44 .00 318.87 49.4% 534630 R & M-OFFICE EQUIPMENT ----------------------------------------- 010010 534630 RM-OFF EQU 300 300 109.91 22.02 .00 190.09 36.6% 2023/06/036087 03/14/2023 API 22.02 VND 002066 VCH155390 Konica Minolta Busin Feb 2023 Copier/Printer 107458 102 of 124 04/10/2023 15:07 ICITY OF SEBASTIAN IF 12 2944kmaison YEAR-TO-DATE BUDGET REPORT Iglytdbud FOR 2023 06 JOURNAL DETAIL 2023 6 TO 2023 6 ORIGINAL REVISED AVAILABLE PCT ------------------------------------------------------------------------------------------------------------------------------------ APPROP BUDGET YTD EXPENDED MTD EXPENDED ENCUMBRANCES BUDGET USED TOTAL R & M-OFFICE EQUIPMENT 300 300 109.91 22.02 .00 190.09 36.6% 534995 LITIGATION EXPENDITURES ----------------------------------------- 010010 534995 LITIGATION 0 0 .00 .00 .00 .00 .0% TOTAL LITIGATION EXPENDITURES 0 0 .00 .00 .00 .00 .0% 535200 DEPARTMENTAL SUPPLIES ----------------------------------------- 010010 535200 DEPT SUPPL 2,500 2,500 2,255.92 794.03 .00 244.08 90.2$ 2023/06/036074 03/07/2023 API 46.39 VND 013123 VCH155183 Amazon.com Chair Mat Lip 32913 2023/06/036167 03/22/2023 API 245.84 VND 002783 VCH155522 Aunt Louise Pizzeria Farewell Lunch - Anon 33063 2023/06/036167 03/22/2023 API 347.47 VND 163022 VCH155581 Publix Manny's Farewell Lunch 33121 2023/06/036167 03/22/2023 API 10.58 VND 163022 VCHIS5583 Publix Manny's Farewell Lunch 33123 2023/06/036167 03/22/2023 API 18.41 VND 235300 VCHISS598 Walmart Manny's Farewell Lunch 33138 2023/06/036167 03/22/2023 API 125.34 VND 235300 VCH155601 Walmart Snacks, Drinks 33141 TOTAL DEPARTMENTAL SUPPLIES 2,500 2,500 2,255.92 794.03 .00 244.08 90.2$ 535210 COMPUTER SUPPLIES ----------------------------------------- 010010 535210 COMP SUPLY 0 0 .00 .00 .00 .00 .0% TOTAL COMPUTER SUPPLIES 0 0 .00 .00 .00 .00 .0% 535230 SMALL TOOLS AND EQUIPMENT ----------------------------------------- 010010 535230 SMALL TOOL 0 0 .00 .00 .00 .00 .04 103 of 124 04/10/2023 15:07CITY OF SEBASTIAN IF 13 2944kmaison YEAR-TO-DATE BUDGET REPORT Iglytdbud FOR 2023 06 JOURNAL DETAIL 2023 6 TO 2023 6 ORIGINAL REVISED AVAILABLE PCT ------------------------------------------------------------------------------------------------------------------------------------ APPROP BUDGET YTD EXPENDED MTD EXPENDED ENCUMBRANCES BUDGET USED TOTAL SMALL TOOLS AND EQUIPMENT 0 0 .00 .00 .00 .00 .0% 535410 MEMBERSHIP & PROFESSIONAL DUES ----------------------------------------- 010010 535410 DUES 680 680 250.00 .00 .00 430.00 36.St TOTAL MEMBERSHIP & PROFESSIONAL D 680 680 250.00 .00 .00 430.00 36.8% 535420 BOORS AND PUBLICATIONS ----------------------------------------- 010010 535420 BOOKS/PUBL 1,000 1,000 .00 .00 .00 1,000.00 .Ot TOTAL BOOKS AND PUBLICATIONS 1,000 1,000 .00 .00 .00 1,000.00 .0% 535450 TRAINING AND EDUCATION ----------------------------------------- 010010 535450 TRAINING 2,000 2,000 .00 .00 .00 2,000.00 .09, TOTAL TRAINING AND EDUCATION 2,000 2,000 .00 .00 .00 2,000.00 .09r 606400 VEHICLES AND EQUIPMENT ----------------------------------------- 010010 606400 VEH & EQUI 0 0 .00 .00 .00 .00 Oi TOTAL VEHICLES AND EQUIPMENT 0 0 .00 .00 .00 .00 .0% TOTAL LEGAL 236,730 271,445 118,425.71 28,221.14 34,500.00 118,519.29 56.3$ 104 of 124 04/10/2023 15:07 ICITY OF SEBASTIAN 2944kmaison YEAR-TO-DATE BUDGET REPORT I 14 Iglytdbud FOR 2023 06 JOURNAL DETAIL 2023 6 TO 2023 6 ORIGINAL REVISED AVAILABLE PCT APPROP ------------------------------------------------------------------------------------------------------------------------------------ BUDGET YTD EXPENDED MTD EXPENDED ENCUMBRANCES BUDGET USED TOTAL GENERAL FUND 543,475 580,826 271,127.31 61,812.30 34,500.00 275,198.69 52.6% TOTAL EXPENSES 543,475 580,826 271,127.31 61,812.30 34,500.00 275,198.69 GRAND TOTAL 543,475 580,826 271,127.31 61,812.30 34,S00.00 275,198.69 52.6% ** END OF REPORT - Generated by Kim Maison ** 105 of 124 a1YCF SIEBAST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSNUTTAL COUNCIL MEETING DATE: Apri126, 2023 AGENDA ITEM TITLE: Approval to award the Financial Auditing Services RFP #23-03 to Carr, Riggs & Ingram, LLC to Perform Auditing Services for the City of Sebastian and to authorize the City Manager to execute the appropriate documents. RECOMMENDATION: It is recommended that Carr, Riggs & Ingram, LLC be engaged to perform the City's Auditing Services through the Audit period ending September 30, 2025; and providing that their services are satisfactory, for the Optional Audit Extension Period 1 through September 30, 2027 and for the Optional Audit Extension Period 2 through September 30, 2029. BACKGROUND: The City initiated the Auditor Selection process in accordance with Florida Statutes 218.391. This required appointing an Auditor Selection Committee and advertising a request for proposal (RFP). The RFP was published on Thursday, January 12, 2023, with a proposal due date of Tuesday, March 7, 2023. A pre -proposal meeting was scheduled and two (2) firms attended, as well as a couple of firms that connected via Zoom, The Procurement/Contracts Manager followed up after the meeting with the interested firms and believed there would be a favorable number of responses. Four (4) proposals were submitted The auditing services will include the Financial Audit, CRA Audit and Single Audit (if required). The proposals were provided to the Auditor Selection Committee Members for their review and scoring based on the established evaluation criteria. On Wednesday, March 29, 2023, a public meeting was held where the Auditor Selection Committee Members shared and discussed their individual scores. After the discussion and summarization of the scores, the Committee recommended that the City Council award RFP #23-03, Financial Auditing Services to Carr, Riggs & Ingram, LLC. Although the pricing will be substantially higher than we enjoyed in past years, Staff concurs with the Committee's recommendation, IF AGENDA ITEM REOUIRE EXPENDITURE OF FUNDS: Budgeted Amount: $51,200 (Budgeted for FY2022 Audit) Appropriation Required: $69,000 (To be Budgeted for FY2023 Audit) ATTACHMENT: 1. RFP Scoring Tabulation 2. Carr, Riggs & Ingram, LLC Fee Proposal Response 3. Florida Statute 218.391 Administrative Services Dep� nt Review:'1.C— City Attorney Review: . / �--` Procurement Division Review, if applicable: --- City Manager Authorization: Date: /,3 106 of 124 airoF HOME OF PELICAN I LAND Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8232 RFP #23-03. FINANCIAL AUDITING SERVICES RFP SCORING TABULATION Company Mayor Fred Jones Larry Napier Bruce Hoffman Total Score Carr, Riggs & Ingram, LLC 358.24 328.24 348.24 1034.72 Marcum, LLP 370 290 310 970 Mauldin & Jenkins, LLC 279.33 Rehmann Robson, LLC 238.1 329.33 279.33 887.99 228.1 228.1 694.3 Upon review of the proposals from the four (4) submittals, the Evaluation Committee recommends the following for award and authorization to negotiate an agreement with the following: CARR, RIGGS AND INGRAM, LLC Page 1 of 1 107 of 124 GF R HOME Of PDXAM MAMN FEE PROPOSAL RFP #23-03 FORM H FINANCIAL AUDITING SERVICES Amounts for the auditing services shown below, shall include all direct (labor, travel, incidentals, etc.) and indirect costs. Proposer agrees that these fees will not be exceeded except for unanticipated changes in accounting principles, or state or federal laws, rules and requirements associated with the annual financial reports that require added work - Changes shall be documented with a Change Order pre -approved by the City or payment will not be made. Year Audit Period Ending Total Projected Fhmcial Audit CRA Audit Single Audit, ij Hours required 1 September 30, 2023 389 $ 60,000 $ 4,000 $ 5,000 2 September 30, 2024 375 $ 62,000 $ 4,000 $ 5,000 3 September 30, 2025 375 TOTAL A: Optional Extension Period 1: 4 September 30, 2026 I 375 5 September 30, 2027 � 375 TOTAL H: Optional Extension Period 2: 6 September 30, 2028 375 $ 64,000 $ 4,000 $ 5,000 $ 186,000 $ 12,000 $ 15,000 $ 66,000 $ 4,000 $ 5,000 $ 68,000 $ 4,000 $ 5,000 $ 134,000 $ 8,000 $ 10,000 $ 70,000 $ 4,000 $ 5,000 7 September 30, 2029 375 $ 72,000 $ 4,000 $ 5,000 TOTAL C: $ 142,000 $ 8,000 $ 10,000 TOTAL A + B + C: $ 462,000 $ 28,000 $ 35,000 SUM OF ALL FEES FOR FINANCIAL, CRA AND SINGLE AUDITS: $ 525,000 PRICING OF ADDITIONAL WORK: A Change Order is required for fees to perform work due to additional work efforts not associated with the annual auditing services. Before beginning the added work, Change Orders shall be prepared by the Auditor and submitted for prc-approval by the City or payment will not be made. These rates will not be used in scoring the cost proposal. RUle Hourly Rates Partners $ 270 Managers $ 180 Supervisory Staff $ 150 Staff $ 125 Other: S 45 Company Name: Carr, Riggs & Ingram, LI Authorized Name & Title: Christine E. Noll-Rhan i Partner I am a legal agent of the above named company and hAy authorized to sign and bind the above listed Compam to the contract. P - -- . Date: 3/3/2023 1 Failure to fuRN complete. sien and submit this Form maN result in reiection of the submittal Page 32 of 33 108 of 124 3130123, 8:36 AM Chapter 218 Section 391 - 2022 Florida Statutes - The Florida Senate The Florida Senate 2022 Florida Statutes (including 2022C, 2022D, 2O22A, and 2023B) Title XIV TAXATION AND FINANCE Chapter 218 FINANCIAL MATTERS PERTAINING TO POLITICAL SUBDIVISIONS Entire ChARicr 218.391 Auditor selection procedures. — SECTION 391 Auditor selection procedures. (1) Each Iocal governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. (2) The governing body of a county, municipality, special district, district school board, charter school, or charter technical career center shall establish an auditor selection committee. (a) The auditor selection committee for a county must, at a minimum, consist of each of the county officers elected pursuant to the county charter or s. 1(d), Art VIII of the State Constitution or their respective designees and one member of the board of county commissioners or its designee. (b) The auditor selection committee for a municipality, special district, district school board, charter school, or charter technical career center must consist of at least three members. One member of the auditor selection committee must be a member of the governing body of an entity specified in this paragraph, who shall serve as the chair of the committee. (c) An employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may not serve as a member of an auditor selection committee established under this subsection; however, an employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may serve in an advisory capacity. (d) The primary purpose of the auditor selection committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. ; however, the committee may serve other audit oversight purposes as determined by the entity's governing body. The public may not be excluded from the proceedings under this section. (3) The auditor selection committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified, httpsl/www.fisonate.gov/Laws/Statutesi2O221216.391 109 of 124 112 3/30/23, 8:36 AM Chapter 218 Saction 391- 2022 Florida Statutes - The Florida Senate (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the auditor selection committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second -ranked firm. Failing accord with the second -ranked firm, negotiations shall then be terminated with that firm and undertaken with the third -ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with any one of the three top -ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest -ranked qualified firm or must document in its public records the reason for not selecting the highest -ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed -upon compensation is reasonable to satisfy the requirements of s. 21218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. (9) If the entity fails to select the auditor in accordance with the requirements of subsections (3)-(6), the entity must again perform the auditor selection process in accordance with this section to select an auditor to conduct audits foz subsequent fiscal years. History. —& 65, dL 2MI-266; s. 1, ch. 2005-32; s.15, ch. 2019-15, Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ® 20U0- 2023 State of Florida. httpsJ[www.nssnate.govILawelStah tesl20221218.391 110 of 124 2J2 040 QA HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: April 26, 2022 Agenda Item Title: Approval to award Golf Range Netting, Inc, as the Contractor to be used in response to RFP 23-02 — Golf Course Driving Range Netting and Airport Netting at the Sebastian Municipal Golf Course and Airport. Recommendation: Staff recommends City Council select Golf Range Netting, Inc. as the Contractor to replace and improve the Netting at the Golf Course Driving Range and Airport Hangar `D' locations, and authorize the City Manager to execute the appropriate documents. Background: For Fiscal Year 2022-2023, the Golf Course had an approved Capital Improvement Project for range netting replacement. The Project entailed completion during the summer of 2023. However, due to the hurricanes in September 2022 and November 2022, the Golf Course Driving Range Netting and the protective netting along the airport fencing at the new Hangar `D' building sustained significant damage and needs to be replaced, Prior to releasing an RFP, City staff reviewed all necessary documentation with FEMA and their mitigation team to ensure the City could improve the netting to withstand additional wind loads from future storms, The Golf Course/Airport Selection Committee Members reviewed all of the proposals and independently scored and unanimously recommended Golf Range Netting,'Ine. to be used for this project. The Golf Course/Airport Selection Committee Members selected the second highest scoring Company due to the fact the prices of the first ranked Company were almost double the amount. The second highest scoring Company also had excellent qualifications and originally built the Golf Course Driving Range netting system in 1997. Also, Option 5, Airport, was eliminated by the Golf Course/Airport Selection Committee Members due to the fact FEMA would not cover a section of this netting because it would include an addition which did not exist at the time of the hurricanes. Golf Course Airport Budgeted Amount: $77,000.00 $0 Total Cost to be Appropriated: $98,540.00 $36,834.00 FEMA Reimbursement: $66,405.00 75% $27,625.50 75% FDBM Reimbursement: $11,067.50 12.51/6 $4,604.25 12.5% Golf Course Budgeted Amount - Airport Reserves: $11,067.50 12.5% $4,604.25 12.5% Attachments: 1. RFP 23-02 Scoring Tabulation 2. Alternate 1, Golf Course Driving Range Netting Replacement Proposal Response 3. Alternate 1, Airport Netting Replacement Proposal Response Administrative Services Department eview:",f City Attorney Review: Procurement Division Review, if applicable:?� City Manuthorization: ager Date: 7 (, 4-- 3 111 of 124 CITY OF -EELASTLA HOME OF PELICAN ISLAND Administrative Services Department Procurement Division '1225 Main Street Sebastian, FL 32958 (772)388-8232 RFP 23-02, GOLF COURSE DRIVING RANGE NETTING & AIRPORT NETTING RFP TOTAL SCORE TABULATION Alternate Option 1, GC Option 2, GC Range Option 3, Airport Option 4, Airport Option 5, Airport Range Alternate 1 Netting Alternate 1 Alternate 2 Netting Replacement TOTALSCORE Gorilla Netting 700.9 702.1 713.5 725 Eliminated Score Jumeaux 542.9 643 640.31 640.62 Eliminated Score Net House 845.2 847.2 841.7 842.3 Eliminated Score Action Netting 655 654.11 655 654.4 Eliminated Score Golf Range Net 788.7 **790 781.9 **782.8 Eliminated Score 'Recommended Award Page 1 of 1 112 of 124 RFP #23-02 GOLF COURSE AND AIRPORT NETTING HOMF OF PHWAN ISLAND ALTERNATE 1, GOLF COURSE DRIVING RANGE NETTING REPLACEMENT SPECIFICATION/REOUIREMENTS 1. CONTRACTOR shall remove and dispose of all existing netting. 2. New netting must be in 2 — 25' tall sections between each pole. New netting shall be constructed and attached to existing poles for a barrier with no gaps, 3. Contractor shall replace all hardware and cables. All new hardware and cables shall be certified (power line -approved.) 4. CONTRACTOR shall replk all netting with new netting at the following specifications: a. 100% polyester with 173.9�1b -, •breaking strength b. Netting panels sKal.l. #tave;lree-eight's (3/8") inch rope border with 3,500 lbs. breaking strength e. Netting shall be 8% solid d. Netting shall be black e. Netting shall be resistant to mold, fungus, and high daily temperature/Florida sun exposure f. Twine shall be sewn through netting every one (1") inch and clove -hitched every size(6") inch around three -eight's (3/8") inch border - -- CONTRACTOR shall ensure netting is rove bound for a {golf barrier fence. Contractor shall be solely responsible for all measurements. ALTERNATE 1, GOLF COURSE DRIVING RANGE NETTING REPLACEMENT PROPOSAL FORM CONTRACTOR shall provide all Services (and items incidental thereto) set forth in this RFP for the firm fixed costs stated below. Item Description Total Sum Total Sum to remove and properly dispose of existing driving range 1 netting and supply and install new driving range netting with h all new S 1 610 hardware and cables to the Cityof Sebastian Golf Course per specifications. Number of business days services will be completed from date of `5 commencement of services: Number of business days services will commence from receipt of Purchase Order: 2 �5 Pricing submitted shall be inclusive of all costs including freight, inside delivery, complete Installation, labor, transportation, equipment, supplies, materials, and mobilization etc. Legal Company Name: Authorized Name & f Title: 1 am a legal agent of the above nadled company and am fully authorized to sign and legally bind the above listed Company to a contract. Signature: a r _ Date: .I Page 38 of 41 (A061rl KAt, 113 of 124 CC1O -'° RFP ##23-02 GOLF COURSE AND AIRPORT NETTING WME OF PRIM Elmo ALTERNATE 1, AIRPORT NETTING REPLACEMENT SPECIFICATIONS/REOUIREMENTS CONTRACTOR shall remove and dispose of all existing netting, 1. CONTRACTOR shall reset and straighten the second northernmost pole. 2. CONTRACTOR shall remove and dispose of all existing netting. 3. New netting shall be constructed and attached to exiting poles for a barrier with no gaps, 4. CONTRACTOR shall replace all hardware and cables. All new hardware and cables shall be certified (power line -approved.) 5. CONTRACTOR shall replace all netting with new netting at the following specifications: a. 100% polyester with 173.9 lbs. breaking strength b. Netting panels shall have three -eight's (3/8") inch rope border with 3,500 lbs. breaking strength c. Netting shall be 8% solid d. Netting shall be black e. Netting shall be resistant to mold, fungus, and high daily temperature/Florida sun exposure f Twine shall be sewn through netting every one (1") inch and clove -hitched every size(5") inch around three -eight's (3/8") inch border CONTRACTOR shall ensure netting is rope bound for a golf barrier fence. Contractor shall be soleIN resisonsible for all measurements. ALTERNATE 1, AIRPORT NETTING REPLACEMENT PROPOSAL FORM CONTRACTOR shall provide all Services (and items incidental thereto) set forth in this RFP for the firm fixed costs stated below. Item Description Total Sum to remove and properly dispose of existing airport netting 1 , and supply and install new airport netting with all new hardware, and S cables, and reset one pole to the Airport per specifications. Total Sum Number of business days services will be completed from date of —7 � I commencement of services: fay, Number of business days services will commence from receipt of Purchase , Order: 1 Pricing submitted shall be inclusive of all costs including freight, inside delivery, complete installation, labor, transportation, equipment, materials, supplies, and mobilization etc. i Legal Company Name: 7 Authorized Name & l Title: �G��1 �{%Db�ji�fl'! V7JtC /VJtrvtdt' 1 am a legal agent of the above named company and am fully authorized to sign and legally bind the above listed Company to a contract. Signature: I �'r mil' ` Date: Page 39 of 41 Y01-ANIA �awe'aUi pirxti A.V 124 nn•Ll 5JEELASTtA HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 26, 2023 Agenda Item Title: Approval to Amend the Golf Course Budget for an Additional $45,000 fo:: Repairs to the Golf Carts, Recommendation: Staff recommends City Council approve continued golf cart repair charges, using funds from Golf Course Cash Reserves. Backgrouud: In order to keep the golf cart fleet operating smoothly and safely, repairs are needed through the rest of the fiscal year. It should be noted that this fleet was purchased and delivered in August of 2017, making them 66 months old. The operational timeline of a golf cart fleet industry standard on a busy golf course is 42 to 48 months before normal wear and tear maintenance costs begin to incur more frequently. Twenty of the golf carts' battery packs were replaced in the fall of 2020, under a courtesy warranty by the cart manufacturer, not the battery manufacturer. Those were the batteries just recently replaced at our expense because there is only a one year warranty on said batteries. The remaining fleet's batteries were replaced in the first calendar year quarter of 2021, making them now over two years old. There is a consistent pattern of these battery packs not making the full 18 holes of the golf course. These batteries will predictably continue to fail in the months to come. What is not known is whether all or only some will fail before the replacement fleet arrives. Additional batteries have already been identified that need replacing, as well as several other components including tires, brakes, pedal assemblies and steering and alignment parts. In addition, City Garage labor is being charged to the golf course for their repair work. Rounds at the golf course have been, near -record since the advent of Covid. The last three years all showed extreme increases during the summer months and the past two winter seasons have shown the golf course to be booked to capacity or very close to it. All of this activity has created extra wear and tear on the golf cart fleet, For this Fiscal year, up to April 18'h, cart revenues are at $536,243. Repairing the golf carts will subside for the 1" quarter of Fiscal 2023-24 and by the end of the I' quarter, the new carts should be delivered. With repairs to basically the entire fleet, the resale value of each, cart will be at or above $2,000 per cart or $160,000 for the entire fleet. Following approval by the City Council to provide the additional budget amounts, Staff will proceed with obtaining a formal bid to acquire the necessary batteries and parts. If Agenda Item Reauires Exuenditure of Funds: Budgeted Amount: $26,316 Total Projected Cost for the Year: $71,316 Funds to Be Utilized: $45,000 to be from Golf Course Cast} Reserves Attachments: None Administrative Services Department Review:�� City Attorney Review:— i Procurement Division Review, if applicable: City Manager Authorization: -e4� 'r f Date: y 1 `743 115 of 124 Mix 5..s -44 HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 26, 2023 Title & Recommendation: Approve staffs requested allocation of $35,000 for the Sebastian Centennial Task Force to begin preparations for the 2024 yearlong centennial celebration. Background: On May 11, 2022 City Council established the City of Sebastian Centennial Task Force with Resolution No. R-22-02. The task force was created to help develop, support and implement the City's plan to commemorate the City's Centennial. The Task Force meets monthly with members of the community in order to move the Centennial plan forward. This process will begin in January of 2024 and last all year, ending with the City of Sebastian's 100d' Birthday Celebration on December 8's, 2024. Due to the need to begin making purchases and entering into agreements with vendors the Committee is requesting City Council's approval to allocate $35,000 to be used in the current fiscal year's budget. Additional expenditures will be budgeted in Fiscal Year 2024 budget. The initial $35,000 would come from the General Fund Reserle account. If Agenda Item Reouires ExnP_ n_tiiture of Funds: Budgeted Amount: NIA Total Cost: $35,000 for FY23 Funds to Be Utilized for Appropriation: General Fund Reserves Attachments: 1. Resolution No. R-22-02 Administrative Services Department Review:'r� City Attorney Review: Procurement Division Review, if applicable: !-��-- r City Manager Authorization: Date: 116 of 124 RESOLUTION NO. R-22-02 A RESOLUTION OF THE CITY OF SEBAST'IAN. INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A CITY OF SEBAST'IAN CENTENNIAL TASK FORCE; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR DISSOLUTION; PROVIDING FOR CONFLICT'S; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian is a municipal corporation of the State of Florida with such power and authority as has been conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the City of Sebastian was incorporated as a City on December S, 1924 and will celebrate its IOU" anniversary in 2024; and WHEREAS, City Council intends to create a Centennial Task Force to help develop, support and implement the.City's plan to commemorate the City's Centennial; and WHEREAS, the task force shall work to promote, support and encourage participation in Centennial activities and events that will showcase Sebastian's rich historic past, inspire appreciation for growth and development and promote a sustainable future. NOW, THEREFORE, BE IT ORDAINED BY TT-IE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION I. Establishment of the City of Sebastian Centennial Task Force. 'There is hereby established a temporary `City of Sebastian Centennial Task Force" in accordance with Section 2-166 of the Code of Ordinances. The Task Force shall consist of the City Manager, City Clerk, Leisure Services Director, and Records Specialist. SECTION 2. Responsibilities. The Centennial Task Force shall meet to consider the recommendations of key residents, business and civic organizations who wish to propose and contribute celebration ideas, activities and events. The City Manager will be authorized to expend funds in accordance with City policies. The meetings shall be governed by the Sunshine Law, including advertised notice and minutes. The Task Force shall provide the opportunity for public comment at all meetings. Bi-monthly reports of the planning, coordinating, budgeting, marketing, and sponsorship shall be provided to City Council. SECTION 3. Dissolution. The Centennial Task Force shall terminate December 2024. SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 1 117 of 124 SECTION 5. SCRIVENER'S ERIZORS. Sections of this resolution may be renumbered or re - lettered and corrections of typogn-aphical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee without the need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 6. EFFECTIVE DATE.'I'liis Resolution shall take ell'ect upon its adoption. The foregoing Resolution was passed for adoption by Council Member w„rr, , was seconded by Council Member Dodd , and upon being put to a vote, the vote was as follows: Mayor Jim [-Till aye Vice ,Mayor bred Jones aye Council Member Ed Dodd aye Council Member Chris Nunn aye Council 'vlernber Bob McPartlan aye The Mayor thereupon declared this Resolution duly passed and adopted this 11 th day of May , 2022. ATTEST: Jeanette Williams, MMC 6ty Clerk 2 CITY 01: SEBASTIAN. FLORIDA By: _ Ji. .Approved as to Form and Content for Reliance by the Ci o SebastioOnly: iu r>�A�r(on, Jr.,City toy 118 of 124 k11%%V SETLAtV . , HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: April 26, 2023 Title & Recommendation: Approve the agreement to produce the Sebastian at 100 magazine by Indian River Media Group in the amount of $20,300, Background: The City of Sebastian Centennial Task Force unanimously voted on March 23, 2024 to recommend that City Council approve this agreement with Indian River Media Group. Indian River Media Group submitted the attached proposal to produce the Sebastian at 100 magazine that will showcase Sebastian's history over the last 100 years and provide our Centennial sponsors with advertising in the magazine. Indian River Media Group has a rich history in producing magazines within our area and in 2019 published the Vero at 100 magazine as well. The requested $20,300 amount includes $17,350 for the production of a 48 page magazine that includes the design, editing, and a minimum of 5 stories written by the magazine's writers/researchers, a digital copy of the magazine and printing of 5,000 copies of the magazine. The additional allocation of $2,950 is requested in the event that we need to increase the size of the magazine by 16 pages (this is the incremental page increase for the magazine). The magazine will be sold at the Centennial events along with City Hall throughout 2024. If Agenda Item Renuires l;xnenditure of Funds: Budgeted Amount: N/A Total Cost: $20,300 Funds to Be Utilized for Appropriation: General Fund Reserves Attachments: 1. Indian River Media Group proposal for Sebastian at 100 magazine Administrative Services Department Review: City Attorney Review: - Procurement Division Review, if applicable: 49, City Manager Authorization: Date: 7� 4 119 of 124 Publisher of Indian River Magazine, Space Coast Living, Port St. Lucia Magazine, Treasure Coast Business Aagazine, Fort Pierce Magazine, Sunrise Theatre Pluvhill, St. Lucie Travel Guide. Discover the Space Coast and the Emerson Center program n ; S w indi MEDIA GROU P GregoryEnns April 3, 2023 Publisher Indian River Media Group, publisher of award -winning Indian River Magazine and Space Coast Living, proposes to publish Sebastian at 100, a magazine celebrating the 100th anniversary of the city of Sebastian. Indian River Media Group in 2019 published the wildly successful Vero at 100, a magazine celebrating the 100th anniversary of Vero Beach. The magazine was named best custom publication by the Florida Magazine Association in 2019. Besides its association with the Vero Beach Centennial Committee, Indian River Media Group has partnered with the city of Fort Pierce for the past 17 years to produce the annual Sunrise Theatre Playbill and has partnered with St. Lucie County for the last 10 years to produce the annual St. Lucie Travel Guide for the county's Office of Tourism. Indian River Media Group has also partnered with Indian River State College and Harbor Branch/Florida Atlantic University to produce anniversary publications for them. In producing Sebastian at 100, the following will be provided by Indian River Media Group to the city of Sebastian: —A magazine consisting of a minimum of 48 pages printed on 60-pound paper, with a 4- page, 80-pound cover weight cover. —A timeline of Sebastian's history. —A minimum of five stories about the history of the city of Sebastian as directed by the Centennial Committee. Indian River Media Group's writers include award -winning historical writer Janie Gould of Vero Beach, Kerry Firth of Vero Beach, Mary Ann Koenig of Vero Beach and researcher Pam Cooper. —A schedule of centennial events as provided by the Centennial Committee. —Copy editing, headlines and proofing. —Photography as needed. —Complete design of the magazine provided by award -winning Indian River Magazine design editor Michelle Burney. —5,000 copies of the printed magazine delivered to the city of Sebastian. —Creation of the magazine in a flipbook that can be accessed digitally. —All editorial copy and pages shall be approved by the Sebastian Centennial Committee and the committee shall have final say and approval on anything printed. Total cost for above, $17,350 (Cost for additional 16 pages shall be $2,950) 308 Avenue A I Fort Pierce, Florida 34950 1 772.940.9005 120 of 124 rnra SEBAgV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 26, 2023 Agenda Item Title: Discussion on Employee Handbook Recommendation: Staff requests direction from City Council on items they wish to include in the City Employee Handbook. Background: At the April 14, 2023 Special Meeting the subject of the City not having an employee handbook was discussed. Council asked this item be placed on the April 26, 2023 agenda for discussion. If Agenda Item Reauires Expenditure of Funds: Total Cost: NIA Attachments: 1. Table of Contents from DCF (provided as a sample) Administrative Services Department Review: N/A City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager 7! th 'zation: ��7� ` Date: 121 of 124 July 1, 2018 CFP 60-1 TABLE OF CONTENTS PAGE DEPARTMENT MISSION, VISION AND VALUES AND SUMMARY BOX Hil WELCOME MESSAGE III EMPLOYEE RIGHTS AND RESPONSIBILITIES 1-1 Equal Employment Opportunity Policy 1-1 Non-discrimination Policy 1-1 Non -retaliation Policy 1-1 Americans with Disabilities Act (ADA) 1-1 Health Insurance Portability and Accountability Act (HIPAA) 1-2 Harassment Policy 1-2 Whistle -Blower's Act 1-2 Code of Ethics 1-3 Political Activities 1-3 Domestic Violence and Workplace Violence 1-3 EMPLOYMENT WITH THE DEPARTMENT OF CHILDREN AND FAMILIES 2-1 Accepting Employment with the Department 2-1 Career Service Employment 2-1 Selected Exempt and Senior Management Services Employment 2-1 Other Personal Services (OPS) Employment 2-1 Loyalty Oath 2-1 Fingerprinting 2-1 People First 2-2 Training 2-2 Compliance Training 2-2 New Employee Training 2-3 Supervisor Training 2-3 Professional Development and Leadership Training 2-3 DEPARTMENT EMPLOYMENT POLICIES 3-1 Arrest 3-1 Employment Inside State Government — Dual Employment 3-1 Employment Outside State Government 3-1 Employment of Relatives 3-1 Assignment of State Property 3-2 Dress Code 3-2 Smoking 3-3 Solicitation 3-3 Gambling 3-3 Weapons 3-3 Alcohol and Non-prescription Drugs 3-3 Confidential Information and Records 3-4 Internet Use 3-4 Telephone Use 3-4 Workplace Safety 3-5 Travel Expenses and Reimbursement 3-5 Resignations 3-5 iv 122 of 124 July 1, 2018 CFP 60-1 GENERAL EMPLOYMENT INFORMATION 4-1 Job Classification 4-1 Registration, Licensure and Certification 4-1 Employment Opportunities 4-1 Layoff and Employee Transition 4-1 HUMAN RESOURCES 5-1 Human Resources Shared Services 5-1 Employee Personnel File 5-1 COMPENSATION INFORMATION 6-1 Compensation for Hours Worked and Overtime 6-1 Payday 6-1 Salary Deductions 6-1 ATTENDANCE AND LEAVE 7-1 Attendance 7-1 Work Schedules 7-1 Employee Attendance and Leave Reporting 7-2 Holidays 7-2 General Leave Overview 7-3 Annual Leave 7-3 Sick Leave 7-4 Sick Leave Transfer Plan 7-5 Family Medical Leave — General 7-6 Family Medical Leave Act (FMLA) 7-6 Family Supportive Work Program (FSWP) 7-8 Administrative Leave 7-9 Military Leave 7-10 Mentoring Program 7-11 Other Leaves of Absence 7-11 Unauthorized Leave 7-11 BENEFITS 8-1 Health, Life and Supplemental Insurance 8-1 Retirement 8-1 Workers Compensation and Disability Leave 8-2 Employee Assistance Program 8-2 EMPLOYEE ACCOUNTABILITY 9-1 Performance Management Program 9-1 Standards of Conduct 9-1 EMPLOYEE RELATIONS 10-1 Grievances 10-1 Appeals 10-1 Collective Bargaining 10-1 v 123 of 124 July 1, 2018 CFP 60-1 DRUG -FREE WORKPLACE Policy Statement Rehabilitation Types of Drug Testing Employee and Job Applicant Protections List of Brand or Common Names of Drugs APPENDIX A Drug -Free Workplace Policy APPENDIX B Oath of Loyalty APPENDIX C Notice of Privacy Policy vi 124 of 124