Loading...
HomeMy WebLinkAbout05-08-2024 CC Agendaj11 SEBASTIAN (10111491AE (EEEBRAT100 1914.1014 SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT AGENDA WEDNESDAY, MAY 8, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Jones 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Presentation of Florida Senate Proclamation by Senator Erin Grall Commemorating Sebastian's 100th Birthday B. Presentation of Awards to Natural Resources Board Earth Day Poster Art Contest Winners C. Proclamation — National Peace Officers Memorial Day — May 15, 2024 and National Police Week — May 12-18, 2024 - Accepted by Members of Sebastian's Police Department D. Proclamation — National Safe Boating Week - May 18-24, 2024 — Accepted by Mark Cannon and Members of the USCG Auxiliary, Flotilla 56 E. Proclamation — Municipal Clerks Week — May 5 — 11, 2024 1 of 138 BriefAnnouncements: Saturday, May I - Craft Club of Sebastian at Riverview Park — IOam — 3pm Monday, May 13 — Indian River County Multi -Agency Law Enforcement Wreath Laying Ceremony — Indian River Courthouse, 2000161h Avenue, Vero Beach —10: OOam Tuesday, May 14 - Riverview Park Master Plan Public Workshop in Council Chambers — 3pm & 6pm 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to 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 THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF ADJUSTMENT MEETING pgs 6-8 A. Approval of Minutes — February 14, 2024 Board of Adjustment Meeting Ouasi Judicial Public Hearines: Mayor opens hearing Attorney reads variance request City Council Members disclose ex parte communication Applicant makes their presentation Staff presents their findings City Council asks questions of applicant or staff Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided the opportunity to respond to issues Staff provided opportunity to summarize request City Council deliberation Mayor calls for a motion pgs 9-24 B. VARIANCE REQUEST FROM BRIAN DAVIS, DAVIS VACATION RENTALS, LLC IN REGARDS TO THE PROPERTY LOCATED AT 1201 INDIAN RIVER DRIVE, CURRENTLY A MULTI -FAMILY AND RETAIL USE STRUCTURE, TO ALLOW CONSTRUCTION OF A STAIRWAY FROM AN EXISTING SECOND -STORY DECK REQUIRED FOR A MEANS OF EGRESS TO BE LOCATED THREE (3) FEET FROM THE FRONT PROPERTY LINE WHEREAS THE FRONT SETBACK REQUIREMENT FOR THE CWR ZONING DISTRICT IS TEN (10) FEET IN THE CWR ZONING DISTRICT'S DIMENSIONAL CRITERIA SECTION 54-2-5.5(d)(6) OF THE LAND DEVELOPMENT CODE (Transmittal, Report, Exhibits) 2 of 138 9. ADJOURN THE BOARD OF ADJUSTMENT 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 25-37 A. Approval of Minutes — April 10, 2024 Regular City Council Meeting pgs 38-44 B. Approval of Minutes — April 24, 2024 Regular City Council Meeting pgs 45-80 C. Approve the Purchase of One (1) Bush Hog 2185 Flex -Wing Rotary Cutter at the Price of $28,424.60 as a Cooperative Purchase Under Sourcewell Contract #070821-BHG from Bush Hog, LLC for the City of Sebastian Municipal Airport and Authorize the City Manager or Designee to Execute the Purchase Order (Transmittal, Contract, Quote) pgs 81-83 D. Alcoholic Beverage Approval (Transmittal, Rotary Club of Sebastian Application, Receipt) pgs 84-86 E. Alcoholic Beverage Approval (Transmittal, Weber Family Application, Receipt) pgs 87-89 F. Alcoholic Beverage Approval (Transmittal, Sebastian Fitness LLC Application, Receipt) 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS A. Presentation by City of Sebastian Police Department Code Enforcement Division pgs 90-132 B. City Council Approval of Resolution No. R-24-24 Approving a Piggyback Agreement for Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations with Palm Bay Concrete & Materials, Inc. (Transmittal, R-24-24, Exhibits, Quote) 3of138 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH PALM BAY CONCRETE & MATERIALS, INC. FOR THE PURCHASE OF CONCRETE RESTORATION AND EXCAVATIONS; ADOPTING OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 133-135 C. Selection of CrowderGulf Joint Venture, Inc. (Primary) and DRC Emergency Services, LLC (Alternate) for RFP 24-07 Disaster Recovery Debris Removal (Transmittal, Notice of Intended Action, Proposal Tab) pgs 136-138 D. Authorization of Resolution No. R-24-25 for Submission of a Grant Application for $500,000.00 to the State of Florida Division of Arts and Culture, Cultural Facilities Grant Program and Apply Approved Funding of Required Matching Funds (Transmittal, R-24-25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE FLORIDA DIVISION OF ARTS AND CULTURE, CULTURAL FACILITIES PROGRAM REQUESTING $500,000.00 FOR RENOVATIONS AND UPGRADES TO RIVERVIEW PARK AND FURTHER AUTHORIZING THE AMOUNT OF $1,000,000.00 IN CITY MATCH; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVERNOR'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Council Member McPartlan B. Council Member Jones C. Council Member Nunn D. Vice Mayor Dixon E. Mayor Dodd 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 BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 - ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. 4of138 ZOOM INFORMATION https://us02web.zoom.us/j/87005948914 Or One tap mobile: +13052241968„87005948914# US +13092053325„87005948914# US Or Telephone: +1 305 224 1968 US Webinar ID: 870 0594 8914 International numbers available: https://us02web.zoom.us/u/kbwBIDocaL PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH ORDINANCE NO.O-24-07 Regular Citv Council Meetings Public input is ALLOWED under the heading: Consent Agenda Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input 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. 5of138 SEBASTIANRI 1914.1014 BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached February 14, 2024 Board of Adjustment minutes were approved at the May 8, 2024 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 6 of 138 Regular City Council & BOA Meeting February 14, 2024 Page 2 Mayor Dodd read and presented the proclamation to Marie O'Brien and members of the Indian River County Learning Alliance. Sebastian River High School State Football Champ Coach William Franklin described how literacy directly impacts the success of the football team and the children. BriefAnnouncements: Friday, February 16 - Chamber of Commerce Concert in the Park - St. John's Wood - 5: 30pm- 8: 00pm Saturday, February 17 - Sebastian River Art Club at Riverview Park - IOam - 3pm Monday, February 19- In Observance of Presidents Day City Hall will be closed FDOT Workshop to develop viable alternatives to widen CR510 from 58'h Avenue to east of SR 51US 1 from two to four lanes including sidewalks, bike lanes, and multi -use paths Virtual - February 27 at 6: 06pm https:llbit.lvlcr510pde In Person - February 29 at 5:30pm in the IRC MPO Boardroom Mayor Dodd announced that Council Member McPartlan was appointed as the chairman of the Indian River County Metropolitan Planning Organization this morning. Vice Mayor Dixon announced the upcoming events. 7. PUBLIC INPUT Richard Gillmor, Sebastian, thanked Council for their service noting they receive very little salary for what they do and maybe at the next Charter Review, their salaries could be increased. He also thanked the City Manager for the current park conditions. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:19 p.m. A. MOTION by Mr. Jones and SECOND by Mr. Nunn to approve the minutes of the January 10, 2024 Board of Adjustment meeting were approved with a unanimous voice vote of 5-0. B. Variance Reauest from Property Owners Andrew & Alina Davis for Relief from Section 54-2-7.7(c)(1) of the Land Development Code to Allow a 6-foot High Fence to Extend 1.25 feet (15 inches) Bevond the Front House Line into the Front Yard Whereas the Code Reauires the Fence to be a Maximum of 4-feet High on the Pronertv Located at 658 Badger Street (Transmittal, Staff Report, Exhibits A- h) The City Attorney read the title to Mr. and Mrs. Davis' request and swore in all who would be providing testimony. There were no ex parte communications to disclose. 7of138 Regular City Council & BOA Meeting February 14, 2024 Page 3 Andrew Davis introduced himself and went over the photos in the agenda backup indicating the layout was carelessly planned by the original builder since the septic drain field was buried across the front plain of the house and there was no alternative option to properly install the posts for the gates. He requested approval of the variance. The Community Development Manager said the code allows a fence to be on the property line but designates when you must drop down from a 6 foot fence to a 4 foot fence and noted Mr. Davis did not have a say in the placement of the septic tank. She said staff did offer four options on page 42 and 43 that would allow Mr. Davis to maintain some privacy and staff was recommending option B or D. Mr. Nunn said this situation was exactly why there are variances, and he asked if they could avoid this in the future by making sure the septic drain field sits back behind the house. The Community Development Manager said staff has been finding there is quite a few of residents coming in on corner lots. She offered to change the fence code if the board felt there was a reasonable amount of tanks planned for the front of the house or they could adjust the septic tank code so that no part of the tank could be in front of the front house line. Mr. Nunn said option B made the most sense. Mr. Jones said this is a prime example of why they have variance requests; he favored item B. Chairman Dodd said the Health Department sets the position on the septic tanks so they should be careful of making a change to the drain field. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve variance option B. There was no public input. A unanimous voice vote of 5-0 was taken. 9. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:38 p.m. 10. CONSENT AGENDA A. Approval of Minutes — January 24 2024 Work Session B. Approval of Minutes — January 24 2024 Regular City Council Meeting 24.028 C. Request for the Natural Resources Board to Sell Alcohol (Beer Only) at the Upcoming Earth Day Celebration in Riverview Park (Transmittal Proposal) 24.029 D. Approve Amendment #3 to ITB 23-15 for Citywide Swale Improvements in Conjunction with Roadway Repaving (Transmittal, ITB, Bid Sheet, Agreement) 8of138 ti lot% SEBASTIAN CENTENNIAL CELEBRATION 1914 -1014 BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meeting Date: May 8, 2024 Agenda Item Title: Variance Request — Davis Vacation Rentals, LLC — 1201 Indian River Drive - Front Yard Setback Encroachment for a 2"d-Story Fire Exit Stairway Recommendation: Conduct a quasi-judicial public hearing to consider the variance request for a second -story stairway to encroach seven (7) feet into the front yard setback. Background: A variance application has been submitted from Mr. Brian Davis, property owner, for relief from Section 54-2-5.5(d)(6) of the Land Development Code to allow, on the east side of the building, construction of a stairway from an existing second -story deck. The stairway is required as another means of egress from the deck, and is proposed to be located three (3) feet from the front property line whereas the front setback requirement for CWR Zoning District is ten (10) feet. The existing historical building is approximately 7.98 feet from the front property line with second -story balconies already located 3 feet from the line. Initially, the applicant submitted a request to change the mixed use of the property from 4 multi -family apartments plus retail space to 6 boutique hotel/vacation rental units and same retail area. The second -story deck is accessible to the units, but in changing the use of the units from residential to commercial, the Florida Building Code now requires a second egress stairway for fire safety. Because of the existing non -conformities of the property, the historical nature of the building, and the location of the balconies, the property owner would like approval of the variance to construct the stairway in a location that would minimally change the aesthetics of the structure while meeting the requirements of the building code. In accordance with Section 54-1-2.5, staff has provided a report detailing the variance request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with the Board's consideration. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: N/A Funds to Be Utilized for Appropriation: Attachments: 1. Staff Report with Board Criteria for Determining Variances 2. Exhibits A thru D which includes application from the property owner Administrative Services Department Review: V City Attorney Review: Procurement Division Review, if applicable: N/A City Manager Authorization: (/� /� Date: -0/20 Ay /' 0^f138 s, L, SEBASTIAN HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Davis 2"d-Story Stairway Front Yard Setback Encroachment 2. Requested Action: A variance from Section 54-2-5.5(d)(6) to allow construction of a stairway from an existing second -story deck required for a means of egress to be located three (3) feet from the front property line whereas the front setback requirement for the CWR zoning district is ten (10) feet. (Exhibit A, Code section) 3. Project Location a. Address: 1201 Indian River Drive b. Legal: IRC Tax Parcel ID No. 31-39-06-00000-0050-00007.0 4. Project Owner: 5. Project Agent: COMMMENCE AT NW COR OF GOV LOT 5, RUN SLY ALONG W BDRY 382.06 FT TO S R/W LINE OF MAIN ST; WHICH HAS 80 FT R/W; RUN N 83 DEG 25 MIN 31 SEC E 179 FT TO IRON PIPE AT SE COR OF NEW US #1 HWY & MAIN ST; RUN ALONG NE E R/W OF NEW US #I HWY S 17 DEG 29 MIN 29 SEC E 395.90 FT TO AN IRON PIPE; N 73 DEG 08 MIN 31 SEC E 205.00 FT TO A CONCRETE MONUMENT FOR POB: RUN S 17 DEG 29 MIN 29 SEC E 120.00 FT TO CONCRETE MONUMENT ON N R/W LINE OF WASH PL; ALONG N R/W LINE OF WASH PL N 73 DEG 08 MIN 31 SEC E 66.70 FT TO CONCRETE MONUMENT AT COR OF WASH PL & OLD US #1 HWY; ALONG W R/W LINE OF OLD US #1 HWY N 25 DEG 29 MIN 29 SEC W 121.48 FT TO CONCRETE MONUMENT; RUN S 73 DEG 08 MIN 31 SEC W 49.70 FT TO POB AS R BK 55 PP 113 Davis Vacation Rentals, LLC Brian Davis 7200 840' Avenue Vero Beach, Florida 32967 (772) 633-3431 N/A 6. Project Engineer: Todd N. Smith, P.E., Inc. 1717 Indian River Boulevard, Suite 302 Vero Beach, Florida 32963 (772) 559-3699 7. Project Description: a. Narrative and history of proposed action: Brian Davis, owner of the property located at 1201 Indian River Drive, is requesting a variance seeking an exception to LDC Section 54-2-5.5(d)(6) Minimum setbacks to allow an encroachment into the front yard 10 of 138 S. 9. setback to build a required stairway for use of an existing second -story deck. In the CWR zoning districts, if the front yard abuts a street with a sidewalk, curb and gutter design, the front setback is zero (0) feet, otherwise a ten (10) foot setback is required. Indian River Drive does not have a sidewalk, or curb & gutter in this area, nor on the west side of the street. Therefore, structures are required to be 10 feet from the front property line. The historical building has been non -complying with zoning district regulations since formal land development codes were adopted, and with formal construction of Indian River Drive. Currently, the building itself encroaches approx. 3 feet into the front yard setback, with existing second -floor balconies built 3 feet from the front property line (Exhibit BI—B2, Aerials). The property owner has submitted an application requesting relief from the setback requirement, and has provided a written determination of variance criteria compliance (Exhibit CI-O), a copy of the proposed site plan, and the building elevations indicating the new stairway (Exhibit DI-D6, plans + variance application). b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: d. Site Characteristics RMU (Riverfront Mixed Use) CWR (Commercial Waterfront Residential) Zoning Current Land Future Land Use Use CWR vacant (Harbor RMU Lights property) CWR residence RMU CR commercial - RMU Washington Plaza CWR office RMU (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: Staff Comments: .16 acres, or 6,970 SF Multi -family + Retail County Water County Sewer 1) With the proposed change of use (multi -family units to hotel/vacation rentals), and the proposed use of the deck, the subject property will be in compliance with parking requirements. Board Criteria for Determining Variances: The applicant has provided sound determinations in verifying compliance with the required criteria found in LDC Section 54-1-2.5(c)(2), to which staff concurs. See attached Exhibit Cl-C3. This criterion was considered in determining staffs recommendation. 2 11 of138 10. Staff Recommendation: Staff recommends approval of the variance request for the property located at 1201 Indian River Drive, to allow construction of a stairway from an existing 2"` _story deck required for a means of egress to be located three (3) feet from the front property line. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dorn Bosworth, Manger/Planner 3 y-.2q-zit Date 12 of 138 EXH1131T A Sec. 54-2-5.5. Commercial Waterfront Residential District (CWR). (a) Intent. The purpose and intent of the CWR District is to provide a management framework for implementing comprehensive plan objectives and policies for the Riverfront Mixed Use designation illustrated on the future land use map. All development in the Commercial Waterfront Residential District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. The CWR District is intended to preserve the existing character of the Riverfront area. The existing assets, including historical structures shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. (d) Size and dimension criteria: (1) Maximum density: 8 units per acre. (2) Maximum FAR: 50%. (3) Maximum height: West of Indian River Drive: 35 feet. East of Indian River Drive: 25 feet. (4) Lot coverage: Maximum building coverage: 30%. Maximum impervious surface: 80%. Minimum open space: Nonresidential: 25%. Residential: 50%. (5) Lot dimensions: Minimum lot size: 10,000 square feet. Minimum lot width: 80 feet. Minimum lot depth: 125 feet. (6) Minimum setbacks: Front yard: Nonresidential, with sidewalk, curb and gutter: None required. Nonresidential, without sidewalk, curb and gutter: 10 feet. Residential: 25 feet. Side yard: Nonresidential: 5 feet, except 10 feet when abutting a residential district or use. Residential: 15 feet plus one foot per each additional 2 feet in height above 25 feet. Rear yard: Nonresidential: 10 feet, except 30 feet when abutting a residential district or use. Residential: 20 feet. Minimum distance between residential structures on the same lot: 20 feet. 13 of 138 14 o f 1 3 8 15 o f 1 3 8 EXHIE3IT C1 Description of Variance Request by Davis Vacation Rentals, LLC Date: 4-16-2024 Property Address: 1201 Indian River Dr., Sebatian, FL 32958 Legal Description: See site plan for Metes & Bounds description. Tax Description: Parcel ID: 39-31-06-00000-0050-00007.0 Purpose of Request: A 7 ft. variance to the 10 ft. front yard setback requirement on Sec. 54-2- 5.5(6) reducing the required setback to 3 ft. to allow for the construction of an exterior means of egress stairs from the existing deck over the existing north one story section of the building. Davis Vacation Rentals Criteria for Determination of Variance 2A. Existing special conditions and circumstances: The existing .16 acre lot is a non -conforming lot of less than 10,000 sf. The existing structure in question was originally constructed in 1942 and is historically significant to the community, due to the small number of these aged type of structures left within the City of Sebastian. The current front set back of the building is approximately 2.98 ft. (7.91pr) The existing building has a sun deck atop the existing one-story section on the north end of the building. The existing deck noted herein has only one set of exit stair on the north side of the building at the western edge. The owner is trying to improve the structure and is requesting to construct a second set of exterior exit stairs on the east frontage side of the building. The exterior stairs will be an open design. However, the stairs are proposed at a location on the front of the building at the northern edge where the current setback is 7.98 feet. A 7 ft. variance to the 10 ft. front yard setback requirement on Sec. 54-2-5.5(6) reducing the required setback to 3 ft. will allow for the construction of an exterior means of egress stairs from the existing deck over the existing north one story section of the building and be more in compliance with the current 8`h Edition Florida Building Code and current NFPA life safety egress requirements. 213. Existence of special conditions and circumstances do not result from the actions of the applicant: No action of the owners has caused this hardship. The structure was constructed in 1942 when the structure was built, prior to the adoption of building codes and land development codes by the City of Sebastian. The adoption of the City's Land Development Regulations adopted August 28, 1985 and the creation of the CWR Zoning District with its setbacks requirements created the non -conformities that exist on the parcel today. Indian River Dr. originally being a sub -standard gravel road, resulted in 16 of 138 C2 the procuring of right of way in the past for Indian River Dr. improvements. Whereby, the right-of-way taken form the parcel impacted the size of the lot that the structure is on and more specifically impacting the amount of land for front yard setback. More recently, the addition of balconies on the front of the building in 1999, permitted by the City of Sebastian, were constructed with 3 ft. front yard setbacks on the east side of the structure. 2C. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of the ordinance to other lands, buildings or structures in the identical zoning classification: Given that the City has already allowed a reduced setback to 3 ft. for the construction of the balconies on the structure in question, the granting of this variance would not grant any special privilege to this property. Furthermore, we are unaware of any other structures within the CWR district that reduced setbacks need to construct egress exits. The request is only limited to providing a set of egress stairs and is not proposing any enclosed increase of square footage to the structure. 21). That literal enforcement of the front yard setback and not considering the front setback that currently exist on the structure would deprive the applicant the ability to improve the structure to be more in conformance with current code and provide adequate egress exits from the existing deck on the structure and will constitute unnecessary and undue hardship on the applicant: The Board should be aware than the CWR zoning district does allow for a zero front setback with the construction of curb and gutter and sidewalk in front of the property. The applicant did and his engineer did meet with City Engineer and Planning Staff to discuss this item. The consensus at this time was the City has not determined the most efficient location for the sidewalk on the west side of Indian River Dr. at this general location and how it would align with future alignments of sidewalk for properties to the north. Since the City had previously allowed the 3 ft. setback for the balconies on this structure, it was determined that the most reasonable step forward for the exterior stair proposal was to request the variance herein. However, should the City of Sebastian engage in a sidewalk project that identifies the most efficient location of the sidewalk considering all the obstructions in the right-of-way, the owner does not object to participating in a sidewalk and curb and gutter on the west side of Indian River Dr. and pay his fair share. At which time, the structure would fully meet with CWR zoning frontage setback requirement. 17 of 138 C3 2E. That the variance granted is the minimum variance that will make possible the reasonable use of the structure. The owner considers the use the 995 sf deck over the first floor section of the building to allow for residents of the building and people from the public to gather on the deck for recreational purposes to be a reasonable use for the structure. If the variance is granted improved exits from the deck will be installed and the owner will be able to reasonably use the deck for what is was intended. 2F. That the granting of the variance will be in harmony with the general intent of front setback requirement and that such approval of the variance request will not be injurious to the area involved or otherwise detrimental to the public welfare: This variance is in harmony with safety, appearance & welfare of the neighborhood. The owner has provided an east elevation of the front of the structure to demonstrate that the stairs will be open to minimize the overall mass of the stairs and will be constructed in wood compatible with the balconies and support columns that currently exist. The variance will have negligible impact to adjacent structures, since the property is a corner lot. The improvement would not be visible from the structure to the west of this structure on Washington St. and the applicant owns the structure directly to the north of this structure, which is on the same lot. The public benefits by the recreational use of the deck having two egress exits from the deck, complying with current Building Code Requirements. The reasonable use of the deck is compatible with the goals of the Commercial Waterfront Residential district; preserving the existing character of the Riverfront area. The existing assets, including historical structures shall be protected, preserved and enhanced. With this property and structure providing for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. 2G. Conditions and safeguards may be imposed. The owner acknowledges that should the Board grant the variance, they may impose conditions and safeguards. 2H. Time limit may be imposed. The owner acknowledges that should the Board grant the variance, they may impose a time limit for the commencement and completion of the stair construction. 2I. No use variance permitted in special instances. The use of the structure is a permitted use for CWR zoning. No unpermitted use is being requested. 19 o f 1 3 8 20 o f 1 3 8 D3 Permit Application No. 5ER1kST__"_ City of Sebastian Development Order Application H:.Q1 OF I'Mcm KUND Applicant (If not owner, written authorization (notarized) from owner is required) Name: 1 r G �4— lJ �} (/ c r �� /i l/,tfS N�1 �,q f /dam- (Z-e tiF f} (5 !_ L Address: /'2-0( -7 e) l Ik — (!Z c ��:/ ���-- 5 t 61t 7f'�M " F L• 3 -L `l 5 Phone Number: (777-) c 33 j -r3 FAX Number: ( (,4- - E-Mail: /3 it (-7 7 7t 4-�cd�. Owner (If different from applicant) Name: S Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Title of permit or action requested: V PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): A-4 5 v+,c-A-4 ra.` ��Q,`� (5 Rf ,.,.... B. Site Information Address: 12v1 T-.- of )ke' Lot: a � Block: � � Unit: � � Subdivision: Indian River County Parcel #: 3/ 3 9oC OoC x o 00C 7. o Zoning Classification: C w Future Land Use: M1, Exis�ti g Use: Proposed Use: pbp ILI' C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): DATE RECEIVED: q FEE PAID: $ a50 -at7 RECEIVED B �s 21 of 138 Eld Permit Application No. D. Proiect Personnel: Agent: Name: 13,, Address I Z d ( I) r ��,,� jZ "va/' f�/: S Z 164-) 3 2 S�3 IPhone Number: ( 7 3 3 - 3 y7/ FAX Number: E-Mail: Attorney: I Name: Address Phone Number: ( ) - FAX Number: E-Mail: En sneer: Name: TO �� s�►t Address / 7 ! 7 7�ti 6 rt A -- kc 'v'v— 15 D S 75 36 2- Phone Number: (WZ) 5-39? - 87 Z Z FAX Number: ( A (A). - E-Mail: (lSo,<, 4A ..`a11 Surveyor: Name: Address Phone Number: FAX Number: E-Mail: I, ' " " ��2 �- ' , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. /Z �y SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY ' ICi..{� l J—J J WHO IS PERSONALLY KNOWN TO ME OR PRODUCED �irc'So�o-1�y KaW �l AS IDENTIFICATION, THIS 1 B DAY OF 20ja`:- . ' NOTARY'S SIGNATURE PRINTED NAME OF NOTARY TOSILuA ��ncAi'o(1�;�,JOSHUASIMPSON COMMISSION NO./EXPIRATION �- F Commlmlon# H�H113187 SEAL: �0/ rYAiiiiiW�iy�lldlVifiMl�R ECEIVE -- - BY: 22 of 138 Permit Application No. D5 The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, �— THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESC�RIBpED� WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Ir/N''Ri1-`r-L BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATUREOF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by who is personally known to me or produced as identification, this �'� day of c 20 Notary's Signature Printed Name of Notary Ij�p.51.,�1ci ) irvc�Crr�-� Commission No./Expiration Seal: -\0,Y F(�B�c JOSHUASIMPSON =o Commission # IM 113187 Expires April 4, 2025 SfGrF F Ecn,,MThruEuMctNotary S?.YVS APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACKNOWLEDGMENT DATE ECEIVE"I ' 2024 �,ri; 23 of 138 Permit Application No. Ca C MW Supplemental information Application to the Board of Adjustment _ 9. This application is for a (check one): Y variance(s) appeal(s) 2. Specify all code provisions for which a variance Is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary):_ `fie ty S &A, P k 3 �t 4& A 6 -.s i-zr 14. g ft- erf P n �,Y I=tJ , dr MAA✓a S b'4- -1 y4 .cs S ups' 7�ro.,., /� ni --c. x, s 4.„ y 4�4 .e _ 3. Legal description of of the property Involved: S c� L eyA./ a-✓ (�idpa �t S i �C P(+4-1 4. Attach the following: v a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at Issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. (/ b. Additional data and information as required to properly advise the Board of the facts and_//cirpumstances needed to decide the case on its merits. Pro�'Re- 3Y Co 5 c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that is subject of the application. :92 24 of 138 SEBASTIAN (ENTENNIAL (ELERRATION 1914.1014 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 10, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular City Council Meeting to order at 6:00 p.m. 2. Reverend Alexis Talbott of the Sebastian United Methodist Church gave the invocation. 3. Vice Mayor Dixon led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Finance Director Ken Killgore Community Development Director Alix Bernard Community Development Manager Dorri Bosworth Environmental Technician Felicia Gordian City Engineer/Stormwater Director Karen Miller Parks and Recreation Director Richard Blankenship Contracts and Procurement Manager Jessica Graham Communications and Social Media Coordinator Avery Joens Human Resources Manager Cindy Watson Airport Manager Jeff Sabo Police Chief Daniel Acosta Police Lt. Dino Savvidis 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS 25 of 138 Regular City Council Meeting April 10, 2024 Page 2 Added Proclamation — National Public Safetv Telecommunicators Week — April 14 - 20, 2024 Mayor Dodd read and presented the proclamation to Sebastian Police Department Dispatchers Jackie Jones and Tom Hughes. Ms. Jones thanked Council for the opportunity to serve. 24.028 B. Proclamation - Earth Dav — Anri122, 2024 — Accented by Members of the Natural Resources Board and Felicia Gordian, Citv of Sebastian Environmental Technician Mayor Dodd invited the public to participate in the Recycling and Paper Shredding Event coming up on April 20. Mayor Dodd read and presented the proclamation to Charles Stadelman, Chairman of the Natural Resources Board and Ms. Gordian. 24.028 C. Proclamation — Arbor Dav — April 26, 2024 — Accented by Members of the Natural Resources Board and Felicia Gordian, Citv of Sebastian Environmental Technician Mayor Dodd read and presented the proclamation to Mr. Stadelman and Ms. Gordian. Ms. Gordian invited the public to participate in the Tulip Pond Planting Project on April 22. 24.055 D. Proclamation — Water Conservation Month — April 2024 - Accepted by Jim Cannon, Intergovernmental Coordinator, St. Johns River Water Management District Mayor Dodd read and presented the proclamation to Mr. Cannon. Mr. Cannon said there was a special emphasis this year on leak detection and he asked everyone to identify any leaks in their homes so that all may play a role in conserving our precious water resource. 24.001 A. Presentation of Florida House of Representatives Resolution 8071 by State Representative Robbie Brackett Commemoratina Sebastian's 100th Birthdav The City Clerk read into the record the Florida House of Representatives Resolution. (See attached) Representative Brackett thanked Council for including him in the City's celebration and said he looked forward to the festivities. Mayor Dodd presented Representative Brackett an aluminum wall hanging of the Centennial logo for his Tallahassee office. BriefAnnouncements: Saturday, April 13 - Craft Club of Sebastian at Riverview Park —10am — 3pm Friday, April 19 — Creative Playground Ribbon Cutting —11: 00am - 1101 Barber Street 26 of 138 Regular City Council Meeting April 10, 2024 Page 3 Friday, April 19 - Chamber of Commerce Finally Friday on Cleveland St Spm — 9: 30pm (Thom Parks Group) Saturday, April 20 — Natural Resources Board Earth Day Celebration at Riverview Park - 9am — 4pm Saturday, April 20 - Paper Shredding & Electronic Recycling Event in CavCorp Parking Lot at Riverview Park- 9am-Noon Saturday, April 20 - Spring Cleaning Event at the Barber St Sports Complex for Household Items — 9am — Noon Vice Mayor Dixon read the upcoming events. 7. PUBLIC INPUT Louise Kautenburg, Sebastian, asked Council to consider reviewing some of the code enforcement regulations relating to flagrant violators. Ann Stanley said there is a vacant lot next to her house that has been a constant problem with Code Enforcement and with the upcoming hurricane season, she would like to see the dilapidated shed on the lot removed. Catherine Healey and Deborah Greer, neighbors on Engler Drive, asked for cameras to provide fines for people who aren't stopping at the four-way stop. They also spoke about illegal activity at Schumann Park. President Taylor Ratelle, Vice President Amber Cerda and Board Member Jason Patterson of the Sebastian Little League presented Mayor Dodd and Vice Mayor Dixon with the game balls they recently opened the season with. 8. CONSENT AGENDA A. Approval of Minutes — March 20, 2024 Regular City Council Meeting 24.081 B. Resolution No. R-24-19 Approving a Piggyback for Grant Management Services with RMPK Funding, Inc. (Transmittal, R-24-19, Ex. A, Ex. B) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH RMPK FUNDING, INC. FOR THE PURCHASE OF GRANT MANAGEMENT SERVICES; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 24.082 C. Resolution No. R-24-21 - Approval to Piggyback Volusia County, Florida's Contract with Ferguson Enterprises, LLC for Poly Drainage Products and Repair Systems and Authorization for the City Manager to Execute the Piggyback Agreement (Transmittal, R-24-21, Ex. A, Ex. B) 27 of 138 Regular City Council Meeting April 10, 2024 Page 4 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH FERGUSON ENTERPRISES, LLC FOR THE PURCHASE OF POLY DRAINAGE PRODUCTS AND REPAIR SYSTEMS; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 24.083 D. Submerged Lands Lease Renewal with Florida Department of Environmental Protection for the Property Located at 820 Indian River Drive Known as the Yacht Club (Transmittal, Lease) 24.005 E. Snow's Space Coast Superior Events — Butterfly Garden Show (Transmittal, Application, Insurance, Receipt) 24.084 F. Alcohol Beverage Approval (Transmittal, Application, Receipt) 24.085 G. Alcohol Beverage Approval (Transmittal, Application, Receipt) Council Member Nunn asked to pull Item E for a citizen. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Consent Agenda Items A, B, C, D, F and G. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 Item #E — Snow's Space Coast Superior Events — Butterfly Garden Show Council Member Nunn said he received a citizen's request to open this item up for discussion. Louise Kautenburg said at one time, Riverview Park was only to be used for non -profits and the five festivals that the City sponsored each year but it appears now that profiteers are using the park for their business place. She noted the labels put on the profiteer's festivals have nothing to do with the titles and they are nothing more than a commercial event. She said it wasn't fair to the citizens to have commercial events every weekend and asked Council to consider if it was the right thing to do for all citizens. To accommodate Barb Snow's events, the City Manager said he recently required police officers to be on site as well as a waste receptacle on site for each event. Council Member Nunn said he didn't know if the for profits events were serving the mission of the park. 28 of 138 Regular City Council Meeting April 10, 2024 Page 5 Vice Mayor Dixon said less people are attending the craft fairs because people are festivaled out or confused as to which event it is. Mayor Dodd said he had concerns using the word commercial vs. non-commercial because at each event, booths are selling items at City sponsored events for a profit, 6:53 pm which is commercial. He said it was a slippery slope for them to decide which entities would be able to make a profit in the park. Vice Mayor Dixon suggested limiting the commercial entities to three events a year. Mayor Dodd suggested that the City Manager talk to the City Attorney and the Growth Management Department to come back with a proposal on how to do that. MOTION by Council Member McPartlan and SECOND by Mayor Dodd to approve Consent Agenda Item #E. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS 24.008 A. Planning and Zoning Commission — Fill One Regular Member Position (Transmittal, Applications, List, Advertisement) Mayor Dodd, Council Member Nunn and Vice Mayor Dixon nominated the senior alternate, Ms. Geesey. There were no further nominations. Ms. Geesey was appointed to the vacant regular member position. MOTION by Mayor Dodd and SECOND by Council Member McPartlan to waive the advertising requirement for the alternate position passed with a unanimous voice vote. Candidates Paul Dovell and Terry Reno introduced themselves. Council Member Nunn nominated Terry Reno and Council Member McPartlan nominated Michael Coleman. Roll call on the nominations: Council Member Nunn - Terry Reno Mayor Dodd - Michael Coleman Vice Mayor Dixon - Terry Reno Council Member Jones - Terry Reno Council Member McPartlan - Terry Reno Terry Reno was appointed to the alternate member position on the Planning and Zoning Commission. 29 of 138 Regular City Council Meeting April 10, 2024 Page 6 24.086 B. Natural Resources Board i. Report to Council Charles Stadelman, Chairman of the Natural Resources Board, thanked City Council for the honor of serving the City of Sebastian. Using a PowerPoint presentation, Mr. Stadelman and the Environmental Technician, Felicia Gordian, briefly went over the board's highlights, current projects, the upcoming Earth Day event, accomplishments, and projections for the next year. (See attached) Mayor Dodd called for a recess at 7:19 p.m. and upon return at 7:27 p.m., all members were present. 10. PUBLIC HEARINGS 24.068 A. Second and Final Reading Amendment Ordinance No. (Transmittal, 0-24-05) Public Hearing for Adoption of Provosed Charter 0-24-05 Relatine to Terms of Citv Council Members AN ORDINANCE OF THE CITY OF SEBASTIAN, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 4.12 OF THE CITY CHARTER TO CHANGE THE TERM OF CITY COUNCIL MEMBERS FROM TWO YEARS TO FOUR YEARS WITH STAGGERED ELECTIONS FROM 2024 TO 2026; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-05. Mayor Dodd said the City Attorney distributed a schedule showing the terms for the mayor if they go to four year terms and asked if Council wanted to have two year mayor terms starting in 2026 or should they let the upcoming Charter Review Committee decide. He said he didn't think having a two year mayor should be a default action. Mayor Dodd said the question for the public is whether they would like a two year term mayor or one year term. Council Member Nunn noted that there wasn't any citizen input now on who serves as mayor. Council Member Jones added that any change would still have to go on the ballot. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve Ordinance No. 0-24-05 as amended from the first reading. There was no public input. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye 30 of 138 Regular City Council Meeting April 10, 2024 Page 7 Council Member Nunn - aye Motion carried. 5-0 24.070 B. Second Reading and Public Hearing of Ordinance No. 0-24-07 Relating to Codification of Procedural Matters Relating to Council and Citizens Advisory Boards (Transmittal. R-24-02.0-24-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-24-02; REPEALING RESOLUTION R-24- 02; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-07. The City Attorney advised this was a procedural matter and this implements the manner with respect to speaker oath cards are used for quasi-judicial proceedings and codifies all matters in R-24-02. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Ordinance No. 0-24-07. The City Attorney advised there was one conflict with the ordinance and explained that an applicant who isn't able to cross examine the Zoom participant could potentially be a problem. She requested Council to add back the language that prohibits Zoom input during quasi-judicial proceedings. Council Member McPartlan WITHDREW his motion and Council Member Nunn WITHDREW his second. The City Attorney said she would wordsmith Section 2 (e ) to add language that public input via electronic technology would not be permitted during quasi-judicial hearings. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve Ordinance 0-24-07, removing commercial media technology in Section 2 (e ) for quasi- judicial hearings, with all else staying the same. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 24.071 C. Second Reading and Public Hearing of Ordinance No. 0-24-08 Relating to Codification of Procedural Matters Relating to Citizen Advisory Boards (Transmittal. R-22-15, 0-24-08) 31 of 138 Regular City Council Meeting April 10, 2024 Page 8 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-22-15; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-08. The City Attorney advised this ordinance was to codify the existing language. MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve Ordinance No. 0-24-08. There was no public input. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd Vice Mayor Dixon Council Member Jones Motion carried. 5-0 - aye - aye - aye 24.072 D. Second Reading and Public Hearinp- on Ordinance No. 0-24-09 Relatiniz to Codification of Ouasi-Judicial Procedural Matters Relatinu to Citizen Advisory Boards (Transmittal. R-20-35.0-24-09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-20-35; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-09. The City Attorney said this was related to quasi-judicial matters and asked that the language regarding public input via communications media technology be prohibited. She also noted that the time limits have been amended as indicated on page 154. MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve Ordinance No. 0-24-09 to include, "No public input would be allowed during quasi- judicial hearings via electronic means in Section A (1)." There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye 32 of 138 Regular City Council Meeting April 10, 2024 Page 9 Motion carried. 5-0 24.073 E. Second Readine and Public Hearing of Ordinance No. 0-24-10. to Amend, Sections 2-172 — Removal; and Section 2-173 — Attendance, of the Citv Code of Ordinances (Transmittal, 0-24-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 — ADMINISTRATION, ARTICLE VI — BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 — GENERALLY, AMENDING SECTION 2-172 — REMOVAL; AMENDING SECTION 2-173 — ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-24-10. The City Attorney said these provisions related to the removal of board members; City Attorney investigations; and clarifying the role of alternate members. Mayor Dodd clarified that individuals could only be removed by the appointing Council Member for the two boards (Budget Review Advisory Board and Charter Review Committee) where Council Members make individual appointments. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve Ordinance No. 0-24-10 changing the word "nominating" to "appointing" in Section (a). Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 24.087 A. Resolution R-24-22 - Parkins In Lieu Purchase Program for 1109 Indian River Drive. Tiki Bar & Grill (Transmittal, R-24-22. Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION IN THE PARKING IN LIEU OF PROGRAM, LIEN AGREEMENT, AND COVENANT RUNNING WITH THE LAND, FOR CJD HOLDINGS OF INDIAN RIVER, INC., OWNER OF PROPERTY LOCATED AT 1109 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR TERMINATION, CONFLICTS, AND SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 33 of 138 Regular City Council Meeting April 10, 2024 Page 10 The City Manager advised that prior to Council's direction to bring the Parking in Lieu Program back for discussion; this application was received in the Community Development Department and should be considered tonight. The Community Development Manager said this application was requested by the Tiki Bar owners who have the opportunity to rent some of their transient boat spaces to a boat club. This will require additional parking spaces and they wish to purchase them through the parking in lieu program. She said staff recommended approval. MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve Resolution No. R-24-22. There was no public input. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 24.088 B. Avvrove Purchase Order for A. Thomas Construction, Inc. to Continue 2022- 2023 Drainase Improvement Related to Roadwav Revavin2 Under ITB #22-01 (Transmittal, Contract. Bid Doc) The City Manager said in staffs assessment for the road repaving project, it has been determined that an additional 73 driveway culverts have reached their life span or at an incorrect elevation. He said they are requesting approval to replace those culverts at a cost of $127,968. Mayor Dodd asked if there were additional precautions to prevent future incorrect elevations. The City Engineer explained that with the Stormwater Master Plan there is a GIS system that has a continuous map of the new driveway culvert installations. Mayor Dodd said once the repair is completed, he asked if the property owner would be notified that they are responsible for the culverts in the future. The City Engineer said that staff is planning to increase the messaging about the culverts but she did not see a problem in the immediate future. Council Member McPartlan suggested that staff keep a record of which addresses were improved. The City Manager said he is looking at a bulk post card mail out to let everyone know about the upcoming master plan meetings and the cost is between $7,000 to $8,000. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve the purchase order with A. Thomas Construction for the drainage improvements related to the roadway repaving. There was no public input. Roll call: Council Member Jones - aye 34 of 138 Regular City Council Meeting April 10, 2024 Page 11 Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 24.089 C. Selection of Island Harbor Custom Builders, LLC for ITB #24-05 Construction of Pre -Engineered Metal Buildings for Sebastian Municipal Airport (Transmittal, Intent to Award, Tab Sheet) The City Manager said this project will build three hangars; using the additional funds to purchase a pre -fabricated restroom facility. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve ITB #24-05 for the construction of pre-engineered metal buildings for the Sebastian Municipal Airport. There was no public input. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Motion carried. 5-0 24.090 D. Selection of Dickerson Infrastructure, Inc. dba Dickerson Florida. Inc. for ITB #24-06 Rehabilitation of Alpha Aprons at Sebastian Municipal Airport (Transmittal, Intent to Award, Bid Tab) The City Manager said this was a budgeted item and staff sought approval. There was no public input. MOTION by Vice Mayor Dixon and SECOND by Council Member McPartlan to approve the selection of Dickerson Infrastructure for the rehabilitation of the Alpha Aprons at the Sebastian Municipal Airport. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS 35of138 Regular City Council Meeting April 10, 2024 Page 12 The City Manager said he planned to present the new digital newsletter later this week that will be housed on the website; noting residents will be able to sign up to be notified of subsequent editions. He also said that he planned to do a mass bulk mail out to advertise the Riverview Park Master Plan meetings scheduled for May 14 at 3 pm and 6 pm and the Stormwater Action Plan public meetings scheduled for May 23 at 3 pm and 6 pm. He also said he is working with the Police Chief to develop a report that can be shared with the public on what is happening with the Code Enforcement Division. He said the two officers are currently responding to 2,000 to 2,500 calls a month. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Dixon wished the Sebastian Charter Junior High School students a safe trip as they travel to Washington D.C. next week for a field trip. B. Mayor Dodd said the quickest way to receive assistance from the City is to contact the Citizens Request Line at (772) 581-0111 which will be responded to as soon as possible. He said starting the next month, the fertilizer ordinance will be kicking in and cautioned the public that there are some rules to follow as well as for watering your lawns with the County's water system. C. Council Member McPartlan asked if rumble strips could be installed on Schumann Drive when the street is repaved. He also said in the eight months the City Manager has been in charge, he has received more compliments about what is happening in the City. He thanked the City Manager and his staff. D. Council Member Jones said he agrees that things are going a lot better now and the public tells him frequently how great things are. He said people are noticing the swales and drainage the most. With regard to the number of Code Enforcement calls, he asked how many calls were proactive as well as reactive; noting proactive responses were just as important. E. Council Member Nunn said on that same note, Indian River County recently hired a night time Code Enforcement Officer to deal with the night problems and suggested adding another officer. 36 of 138 Regular City Council Meeting April 10, 2024 Page 13 He invited the public to the Creative Playground ribbon cutting on April 19`h at 11:00 a.m. 17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 8:33 p.m. Approved at the May 8, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST.• Jeanette Williams, City Clerk 37 of 138 Y, SEBASTIAN (ENTENNIAE (EEEBRATION 1914.1014 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 24, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the Regular City Council Meeting to order at 6:01 p.m. 2. A moment of silence was held. 3. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn (arrived at 6:17pm) Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Records Specialist Cathy Testa Community Development Director Alix Bernard Parks and Recreation Director Richard Blankenship City Engineer/Stormwater Director Karen Miller MIS Manager Barbara Brooke -Reese Police Chief Dan Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS 24.001 A. Presentation of Florida Senate Proclamation by Senator Erin Grall Commemorating Sebastian's 100`I' Birthdav Senator Grall was not in attendance. 38 of 138 Regular City Council Meeting April 24, 2024 Page 2 24.092 B. Announcement — Mayor Ed Dodd, 2024 Legislative Session Home Rule Hero — Promoting Local Voices Making Local Choices & Protector of Home Rule Powers Vice Mayor Dixon announced that Mayor Dodd has received the 2024 Legislative Session Home Rule Hero award. 24.093 C. Proclamation — Volunteer Appreciation Week - April 21 — 27 — Accented by Sebastian Police Department's Community Policing Volunteers Mayor Dodd read and presented the proclamation to Community Policing Officer Pieter Ketelarr and Rob Mastrandrea. Officer Ketelarr noted it's the police officers that deserve the thanks from the community. 24.094 D. Proclamation - Functional Neurological Disorder Awareness Month — April 2024 — Accented by Barbara Brooke -Reese, City of Sebastian MIS Manager Mayor Dodd read and presented the proclamation to Ms. Reese, Laura George and her daughter, Charlotte, from FND Hope U.S. Ms. Reese said she wanted to bring awareness to this disorder to let those affected know that they are not alone. BriefAnnouncements: Saturday, April 27 - DEA National Rx Takeback — Sebastian Walmart - IOa to 2pm Friday, April 26 — Arbor Day's Tulip Pond Project Phase 2 Planting — 9am — I am Friday, April 26 — Chamber of Commerce Concert in the Park — Allen Wronko Band — 5:30pm to 8:OOpm Thursday, May 2 - National Day of Prayer at City Hall Courtyard —12: 20pm —12: 40pm Vice Mayor Dixon read the upcoming events. 7. PUBLIC INPUT Richard Veit, 112-111 Arcadia Drive, said he was present with others who are upset with the squatters currently living at 112 Duncan Street. He said in July the new legislation related to squatting will take effect and he asked if they will see the squatters removed at that time. Mayor Dodd advised there is current code enforcement action being taken and he could not discuss details of the situation at this time. Lee Gedeon, I I I Duncan Street, said he lives right across from the squatters' house and asked about the neighbors' right for peace and safety. He asked for some pressure to be placed upon the squatters. Mayor Dodd said they must follow the process. 8. CONSENT AGENDA - None 39 of 138 Regular City Council Meeting April 24, 2024 Page 3 9. COMMITTEE REPORTS & APPOINTMENTS Council Member Jones reported that the Indian River County Beach & Shore Preservation Advisory Committee has removed two derelict vessels from the Indian River and two more will be removed in the future. 10. PUBLIC HEARINGS 24.069 A. Ordinance No 0-24-04 — Pronosed Land Development Code Amendment — Article III Amending Sections Relating to Mobile Food Establishment Operating Reauirements (Transmittal. 0-24-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.6 REGARDING PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-24-04 and Mayor Dodd opened the public hearing at 6:18 p.m. The Community Development Director said this was the second reading with a simple modification of increasing an additional day that a food truck can stay at one location. There was no public input. MOTION by Council Member Nunn and SECOND by Council Member Jones to approve Ordinance No. 0-24-04. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 24.061 A. Approve Change Order and Purchase Order for AGG Restoration of Southwest Florida, Inc. in the Amount of $19,300 to Expand the Scone of Work to Include Filling Uneven Areas for Safety and Uniformity Under ITB #24-03 and Authorization for City Manager or Designee to Execute (Transmittal, Quote, Suvnly Quote) 40 of 138 Regular City Council Meeting April 24, 2024 Page 4 The Parks and Recreation Director said this change order was to do some more finish work with the headstone restoration at the cemetery and he asked for approval. The City Manager displayed two photos on the overhead showing the gaps between the headstones that they will be trying to remedy with this change order. MOTION by Vice Mayor Dixon and SECOND by Council Member McPartlan to approve the purchase order from AGG Restoration of Southwest Florida in the amount of $19,300. There was no public input. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Motion carried. 5-0 24.059 B. ADDrove Resolution No. R-24-23 Authorizing Staff to ADnly for a Florida Boater Improvement Program Grant for Main Street Boat Ramp Dredging Design and Permitting in the Amount of $100.000 (Transmittal, R-24-23, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA PROVIDING FOR AUTHORIZATION FOR THE CITY OF SEBASTIAN TO MAKE AND PERFECT A GRANT APPLICATION FOR ASSISTANCE UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-24-23. Mayor Dodd asked where the matching funds of $50,000 would be coming from. The City Manager said it would be a budgeted CIP item in FY2025. The Parks and Recreation Director confirmed the design and permitting would be taking place in 2025 with the construction in 2026. There was no public input. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Resolution No. R-24-23. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Motion carried. 5-0 41 of 138 Regular City Council Meeting April 24, 2024 Page 5 24.095 C. City Council ADnroval of Resolution No. R-24-20 Apnroving a Piggyback Agreement for Pavement Maintenance and Rehabilitation Services with Asphalt Pavement Systems. Inc. (Transmittal, R-24-20. Ex. A and B, Revised Pricing, Quotes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH ASPHALT PAVING SYSTEMS, INC. FOR THE PURCHASE OF PAVEMENT MAINTENANCE AND REHABILITATION SERVICES AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HERE OF AS `EXHIBIT A"; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-24-20. The City Manager said based on cost increases, staff is looking to piggyback off of a Sumter County contract that will include the FY22 and FY23 paving projects which will get the City caught up to 2024. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve Resolution No. R-24-20. There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 24.096 D. ADDrove Purchase Order for Asphalt Paving Systems, Inc. to Complete Schumann Trail Resurfacing (Transmittal, Quote, Agreement) The City Engineer advised that the Schumann Trail is actually the Schumann Sidewalk and the same company that will be repaving Schumann Drive is able to repave the sidewalk at the same time providing a savings of time and money for the City. Council Member Nunn asked if the work will help with the flooding. The City Engineer said they do plan to talk to the school about maintaining the swales that have cleared out and noted the school's driveways do not have culvert pipes which is part of the reason for the flooding. She said staff plans to regrade the swale rather than insert pipes to avoid delays and road closures for the heavily trafficked area. MOTION by Vice Mayor Dixon and SECOND by Council Member Jones to approve the purchase order for Asphalt Paving Systems, Inc. to complete the Schumann sidewalk resurfacing. There was no public input. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye 42 of 138 Regular City Council Meeting April 24, 2024 Page 6 Motion carried. 5-0 24.097 E. Approval of Lease Renewal Between the City of Sebastian and Fisherman's Landing Sebastian. Inc. for Uplands Property and Submersed Land Leased Propertv Located at 1532 Indian River Drive and Authorize the Mayor to Execute the Appropriate Documentation (Transmittal. Agreement) The Community Development Director advised that the lease renewal is for 10 years and there weren't any changes in the terms or payments. Council Member McPartlan asked that the fishermen hold a couple of events to promote the heritage of the Working Waterfront. The City Manager said they have, in fact, contacted him recently about holding some future events. Council Member Nunn asked that the aquaculturists be included as well. MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to approve the lease renewal between the City and Fisherman's Landing passed with a unanimous voice vote of 5-0. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager recognized the Public Works, Parks Department, and the Stormwater Departments for their hard work in making the grand opening of Creative Playground such a success; and for the record he apologized for not recognizing the Police Department and the COPE Unit the day of the event. He thanked the Police Department and the COPE Unit for the great event. He advised that the Council Chambers will be closed for the next couple of weeks to replace the speaker system. The City Manager stated that he has been notified that two Council Members will not be able to make the May 22°d Council meeting and he asked if they would like to proceed with three members or reschedule the meeting. It was the consensus of Council to load up the May 8d' agenda and decide at that time if they feel that that the May 22°d meeting can proceed with three members or reschedule the meeting to May 29th. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mayor Dodd said it was rewarding to see all of the young families with kids at the grand opening of Creative Playground. He said the Earth Day celebration was also nice and he suggested increasing the advertisement for next year's event. 43 of 138 Regular City Council Meeting April 24, 2024 Page 7 He said he was interested in beginning some discussions on the Septic to Sewer Project and he asked for a chronological sequence of actions taken in the CRA district as well as the remainder of Sebastian. He said it was time to decide what to do on Indian River Drive. The City Manager said he did have discussions with the County Administrator in regards to the CRA district. He said he would have a chronological update for Council at the next meeting. Mayor Dodd said there will be public sessions for the strategic planning process and he asked the public to participate with what they would like to see in the plan because only the items planned for will be funded. B. Council Member McPartlan said April is also Child Abuse Prevention Month and he let everyone know that the purple flags flying in Riverview Park represent a child that has died in 2023 due to abuse or neglect. He urged the public that if you see something, say something whether it is child abuse or deviant activity. He noted that everyone is a mandatory reporter of child abuse. C. Council Member Jones said he has been contacted about the shape of the greens at the Sebastian Municipal Golf Course. He asked what happened, what the City is doing to address the greens and what the time frame for improvement is. The City Manager said rainfall prevented the application of herbicide in the fall which led to a fungus that was unsuccessfully treated due to additional heavy rains. Subsequently an herbicide was applied but that too, was unresponsive. He said despite that greens one and nine are in poor shape, the rounds have stayed near peak and there was 200 rounds being played today. He said currently staff is applying nitrogen and fungicide. He said that he does see improvement from what he saw a couple of weeks ago; he doesn't have the concern of losing any greens. He said there should be substantial improvements within the next few weeks. D. Council Member Nunn thanked the City Manager and staff for the grand opening of Creative Playground. He mentioned that it was a shame that someone has already vandalized the property; he asked the public to call the non -emergency police number if anyone sees deviant behavior. E. Vice Mayor Dixon also thanked staff for their hard work on the playground. She suggested holding strategic planning sessions in the park to receive feedback from younger families while the kids are playing. 17. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 7:08 p.m. 44 of 138 SEBASTIAN ((9119911I (RIBNATION NI/ •IOU CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 8, 2024 Agenda Item Title: Approve the purchase of (1) Bush Hog 2185 Flex -Wing Rotary Cutter at the price of $28,424.60 as a cooperative purchase under Sourcewell contract# 070821-BHG from Bush Hog, LLC for the City of Sebastian Municipal Airport and Authorize the City Manager or designee to execute the Purchase Order. Recommendation: Staff requests City Council authorize the purchase of (1) Bush Hog 2185 Flex -Wing Rotary Cutter for the City of Sebastian Municipal Airport as a cooperative purchase under Sourcewell contract #070821-BHG from Bush Hog, LLC and authorize the City Manager or designee to execute all appropriate documents for the purchase. Background: The City is seeking to purchase a rotary mower for the City of Sebastian Municipal Airport. The current mower is 16 years old and in need of replacement. Staff budgeted $35,000 for a new rotary mower in this year's budget. After comparing quotes from Bush Hog through their Florida Sheriffs Association and Sourcewell cooperative purchasing contracts, Staff selected the Sourcewell contract as it provided the lowest purchase price. The use of cooperative purchasing through existing State or other contracts guarantees that the pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process, pricing from other co-operatives and local vendors. The recommended vendor is the most advantageous to meet the needs of the City. Staff is seeking approval for this purchase along with and for authority for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $35,000 Total Cost: $28,424.60 Funds to Be Utilized for Appropriation: Airport Operating Budget Attachments: 1. Bush Hog Contract 070821 2. BH2815 City Of Sebastian Sourcewell Quote Administrative Services Department Review: tom' City Attorney Review: Procurement Division i4ew, if applicable: (t�7 City Manager Authorization: A Date: .SI1 %r.1 y 45 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG Sourcewell 1 Solicitation Number: RFP #070821 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Bush Hog Inc., 2501 Griffin Avenue, Selma, AL 36703 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Road Right -of -Way Maintenance Equipment from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 9, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 3/2021 46 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F 070821-BHG All Equipment and Products provided under this Contract must be new andthe current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 3/2021 47 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Rev. 3/2021 48 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG 9 Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government - owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity Rev. 3/2021 49 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F 070821-BHG payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be negotiateddirectly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and Rev. 3/2021 50 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be Rev. 3/2021 51 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OB058831943F 070821-BHG mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal, If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev. 3/2021 52 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in Rev. 3/2021 53 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OB058831943F 070821-BHG advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use, Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 3/2021 54 of 138 DocuSign Envelope ID: 132COBDA-8ADE118D3-AEOB-OBD58831943F 070821-BHG 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 55 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. it-AI&TVI:7_T►L A A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2021 11 56 of 138 DocuSign Envelope ID: 132COBDA-BADE-48D3-AEOB-OBD58831943F 070821-BHG no less broad than ISO Business Auto Coverage Form CA 0001(2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsements) must further provide that coverage is Rev. 3/2021 12 57 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 3/2021 13 58 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 314S), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions. Rev. 3/2021 14 59 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F 070821-BHG C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 3/2021 15 60 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F 070821-BHG of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 3/2021 16 61 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOS-OBD58831943F 070821-BHG and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. Rev. 3/2021 17 62 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 070821-BHG 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSlgned by: By, COFD2A139D06489_ Jeremy Schwartz Title: Chief Procurement Officer 8/6/2021 1 7:32 AM CDT Date: Approved: EDocuSigned by. By:7E4288F817A64CC Chad Coauette Title: Executive Director/CEO 8/6/2021 1 7:36 AM CDT Date: Rev.3/2021 Bush Hog Inc. DocuSigned by: h By:47DACC2882A4c76. Kerry Meacham Title: VP Sales &Marketing Date: 8/5/2021 1 1:30 PM CDT 18 63 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F RFP 070821 - Road Right -of -Way Maintenance Equipment Vendor Details Company Name: Address: Contact: Email: Phone: Fax: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address: Bush Hog 2501 Griffin Ave. Selma, Alabama 36701 Lance Wheeler lance.wheeler@bushhog.com 469-745-3402 334-874-2701 27-0888283 Wednesday June 02, 2021 10:29:52 Thursday July 08, 2021 08:39:07 Lance Wheeler lance.wheeler@bushhog.com 10f04e07-Od97405c-9d37-b63872f4031 e 107.128.0.129 Bid Number: RFP 070821 Vendor Name: Bush Hog 64 of 138 DocuSign Envelope ID: 132COBDA-8ADEA8D3-AEOB-OBD58831943F Specifications Table 1: Proposer Identity 8r Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Line Item Question Response' I1 Proposer Legal Name (one legal entity Bush Hog, Inc. only): Identify all subsidiary entities of the WA I2 Proposer whose equipment, products, or services are included In the Proposal. 3 Identify all applicable assumed names or WA DBA names of the Proposer or Proposers subsidiaries in Line 1 or Line 2 above. 14 Proposer Physical Address: 2501 Griffin Avenue, Selma, AL 36703 15 Proposer website address (or addresses): www.bushhog.com 6 Proposer's Authorized Representative Kerry Meacham, VP Sales & Marketing, 2501 Griffin Avenue, Selma, AL 36703, kery.meacham@bushhog.com, 334- (name, title, address, email address & 874-2700. phone) (The representative must have authority to sign the ^Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resuit!ng contract): 7 Proposer's primary contact for this Lance Wheeler, Business Development Manager, 228 Harvest Ridge, Rockwall, TX 75032, proposal (name, title, address, email lance.wheeler@bushhog.com, 469-745-3402. address & phone): 8 Proposees other contacts for this N/A proposal, if any (name, title, address, email address & phone): Table 2: Company Information and Financial Strength Line Item Question Response' 9 Provide a brief history of your company, including your What is in a name? In 1951 an elderly gentleman wearing wom overalls watching a demonstration of company's core values, business philosophy, and a new device designed to clear pasture and crop residue watched the ease at which the tractor -pulled industry longevity related to the requested equipment, implement devoured heavy brush and commented, "That thing eats bushes like a hog!' That is when products or services. the name Bush Hog was bom. Our products have earned an enviable reputation for their ruggedness and durability in the most challenging work environments. We are one of the leading North American manufacturers of rotary cutters, finishing mowers, landscape tools, and tractor -mounted implements used in the agricultural and government markets. Bush Hog began in a small, dirt -floor factory in Selma, Alabama. The first paint booth was a concrete pad with a hoist and a hook. We would put the cutter on the hook and paint it by hand. The first loading dock was an angled pit dug out of the earth so trucks could back down it. We made one product, the Model 12. a five-foot wide rotary cutter that became the -bread and butter of the Bush Hog Company. It was the first such device of its kind, featuring a three-point lift and a stump Jumper, with swinging blades that would fold back if they hit rocks or other heavy objects. It was handmade at a rate of one per week out of heavy gauge steel. The cost was $320, and it revolutionized how farmers managed their fields. Bush Hog products are built-to4ast and field -tested —literally! In the early years, Bush Hog's Research and Development department consisted of an employee taking equipment to the family farm and trying his best to tear it up. This process was used to Identify weak spots and areas that needed improvement or reinforcement. He would bring the equipment back to the shop, the engineers would fix it, and he would take it back to the farm and try to bust it up some more. If Bush Hog could not bust it, It was ready for production! It is that kind of heritage that has led to Bush Hog's reputation for reliability and performance customers can count on. We believe we exist to equip land stewards, both private and public, with durable equipment they can rely on and use to got their jobs done safely. Bush Hog was purchased by Alamo Group in October 2009. Today our 12 different product categories are assembled using both robotic and well -trained hand welders before being painted In a state-of-the-art powder coat paint system within our modem, 500,000 square foot automated production facility (photo included), with 330 employees in Selma Alabama. Many Bush Hog products in use today are more than 30 years old. Bush Hog products mow more than 30,000,000 acres per year! (Attachment: Table2Ques9FactoryAeria1Photo) 10 What are your company's expectations in the event of If awarded, we will Issue a press release. We will communicate with our factory team and dealers an award? and go over the details and expectations of the contract and their roles to help achieve success with the contract- We will develop and implement goals and objectives for our team as well as our dealers. We will provide marketing materials from Sourcewell and Bush Hog to our dealers and request the dealers send communications to their customer base on an awarded contract. We will continue to train our dealers on the use of the contract and how to gain acceptance. We will work with the Sourcewell team to learn and understand their full role in the success of our contract. We will update our website, social media, literature, and marketing pieces with notations of being awarded a contract. We expect to grow our government customer base with an award by at least 4% a year. Bid Number: RFP 070821 Vendor Name: Bush Hog 65 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F 11 Demonstrate your financial strength and stability with Bush Hog is a member of Alamo Group, which is a group of over 30 companies specializing in meaningful data. This could include such items as equipment and services for infrastructure maintenance, agriculture, and other applications. Products financial statements, SEC filings, credit and bond include truck and tractor mounted mowers, vegetation maintenance equipment, street sweepers, snow ratings, letters of credit, and detailed reference letters. removal equipment, excavators, vacuum trucks, and agricultural implements. The Group is Upload supporting documents (as applicable) in the headquartered in Seguin, Texas with the member companies residing throughout Australia, Europe, document upload section of your response. North America, and South America. We are submitting our Securities and Exchange Commission Form 10K Annual Report Pursuant to Section 13 or 15(d) of the SEC Act of 1934 for the year ending December 31, 2020. We have pulled out page 50, the consolidated Income statement for a quick review of the financials. (Attachments:Table2QuesllConsolidatedlncomeStatemenis, Table2Ques11SECFormlOKforl2.31-21) 12 What is your US market share for the solutions that Bush Hog US market share by product family as of March 2021: you are proposing? 1. Flex Rotary Cutters - 21.2% 2. Rigid Rotary Cutters - 18.2% 3. Rotary Idlers - 11.5% 4. Flex Rearmount Mowers - 9.4% S. Tedders - 8.8% 6. Rigid Rear Mount Mowers - 7.5% 7. Disk Harrows (Tandem) - 7%, 8. Finger Wheel Rakes - 5.8% 9. Flail Shredders - 4.6% 10. Tractor Blades - 4.6% 11. Post Hole Diggers - 2.7% 12. Drum and Disc Mowers - 1.8% 13. Box Scraper - 1% 14. Snow Blowers - 1% 15. Tractor Backhoe Attachment - .2% 16. Front End Farm Loaders - .2% 13 What is your Canadian market share for the solutions Bush Hog Canadian market share by product family as of March 2021: that you are proposing? 1. Rigid Rotary Cutters - 13% 2. Rotary Tillers - 8.20% 3. Disk Harrows (Tandem) - 3.80% 4. Flex Rotary Cutters - 3.5 % 5. Rigid Rear Mount Mowers - 2.50 % 6. Tractor Blades - .80% At this time the remaining products have 0% market share: 1. Flex Rearmount Mowers 2. Tedders 3. Finger Wheel Rakes 4. Flail Shredders 5. Post Hole Diggers 6. Drum and Disc Mowers 7. Box Scraper 8. Snow Blowers 9. Tractor Backhoe Attachment 10. Front End Farm Loaders 14 Has your business ever petitioned for bankruptcy No. protection? If so, explain in detail. 15 How is your organization best described: is it a Bush Hog is a manufacturer and service provider with independent dealers providing full coverage at manufacturer, a distributorldealer/reseller, or a service the local level to our customers. Our Territory Managers are independent representatives as well as provider? Answer whichever question (either a) or b) employees of Bush Hog and perform sales, customer service and technical support to our dealers and just below) best applies to your organization. customers along with our internal team of customer service and service technicians. Our dealers are a) If your company is best described as a also capable of providing sales, customer service and technical support. Our factory teams are distributor/dealedrese(ter (or similar entity), provide your trained to do whatever it takes to service a customer preferably through our dealers, but they can also written authorization to act as a come direct to us. We request and train our dealers to conduct their Bush Hog business with distributor/dealerlreseller for the manufacturer of the customers In the same manner. At the end of the day Bush Hog will take ultimate responsibility for products proposed in this RFP. If applicable, is your our products and services and involve our factory teams as soon as they are required. Our Territory dealer network independent or company owned? Managers conduct monthly face to face visits with our dealers to make sure they know the latest b) If your company is best described as a factory and product information, to perform training, to discuss key sales objectives, to attend visits manufacturer or service provider, describe your with customers, and to rind out what Is on the mind of the customers. We want to know what our relationship with your sales and service force and with customers need, are any trends popping up, do we have a gap anywhere In our product offering or your dealer network in delivering the products and with our services. Our Territory Managers will also make calls on dealers anytime they are needed to services proposed in this RFP. Are these individuals assist in between their monthly visits. Our factory and dealers work together daily in selling and your employees, or the employees of a third party? distributing our products and OEM parts. We are in constant communications on technical and warranty Issues which may arise to fully support the dealer in solving any issues. We monetarily reward our dealers annually on achieving their sales and service goals. 16 If applicable, provide a detailed explanation outlining We are always looking for ways to become safer, build safer products, manufacture at a lower cost the licenses and certifications that are both required to and in general reduce expenses so that we can remain competitive In the marketplace. We believe be held, and actually held, by your organization in lean manufacturing and annually send employees from every department to the Kent State Lean Six (including third parties and subcontractors that you use) Sigma Training & Certification Program. The number of certified employees grows each year while in pursuit of the business contemplated by this RFP. our attention to cost savings and safer practices goes across all teams within the organization. Many of our employees have also completed the training and annual refresher courses to obtain their OSHA certificates. As a company we require all employees to attend in -factory training on a regular basis on safe practices. We require our equipment operators to attend training regularly to remain efficient and effective when operating their equipment. We require our welders to be in-house certified on a regular basis. We have a PE on staff to support the development of new products and revisions. 17 Provide all "Suspension or Debarment" Information that N/A has applied to your organization during the past ten years. Bid Number: RFP 070821 Vendor Name: Bush Hog 66 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F Table 3: Industry Recognition & Marketplace Success Line question Item 18 Describe any relevant industry awards or recognition that your company has received in the past five years 19 What percentage of your sales are to the governmental sector in the past three years 20 What percentage of your sales are to the education sector in the past three years 21 List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 22 Ust any GSA contracts or Standing Offers and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Response* We are proud to have received the Gold Level Award by the Equipment Dealers Association in 2017, 2019 and 2020. Each year, the Association administers a Dealer -Manufacturer Relations Survey that focuses on 12 operational categories ranging from product quality to customer service. The award recognizes those manufacturers, who received exemplary ratings, that are leading the industry by providing top-quality service, support, products, and parts to dealers In the US and Canada. Bush Hog has been recognized on many occasions for being involved in our communities. We support and encourage our dealers to do the same. We are in our 8th year of our Pink ZT fundraising program for breast cancer charities through our social media platforms. We donate $10,000 and a ZT each year, throughout the year the funds are being raised and names are going In a hopper, at the end the winner of the pink ZT is drawn and we deliver the prizel Several of our dealers across the US purchase pink ZTs from us and run similar fundraisers in their communities. Bush Hog and our dealers work with the Shriners across the US with multiple fundraisers which gives away a ZT to the winner. In the past 3 years these fundralsers have provided over $200,000 to the Shriners. Each year we recognize our local first responders with donuts, coffee, and snacks. We have a group of employees who pan out to our local elementary schools and provide tutoring with an emphasis on reading to the kids. On the lighter side we support the non-profit Black Belt Benefit Group at their annual chili cook -off and fundraiser. We won the Team Spirit and People's Choice award in 2018 and the People's Choice Award in 2019 in! (Attachment: Table3Quesl8AWardsAndCertificates) Our percentage of sales to the government sector in 2019 was 5.6%, 2020 was 5.0% and year to date 2021 is 4.3%. Our percentage of sales to the education sector has averaged 1% in 2019, 2020 and year to date 2021. Prior to May 2020 Bush Hog only held one contract while our dealers held a few. Our strategy and direction changed in 2020 as we are placing emphasis on the govemment market. Only 3 Bush Hog product groups were added to the Alamo Group (TX) Sourcewell contract In 2020 due to complimentary selling of our products. We have had success in training our dealers and speaking with customer to use our Sourcewell contract over all other contracts. Here is the list of contracts Bush Hog has been awarded. 1. Sourcewell (on Alamo Group TX contract) Awarded in 02 2020 Sales in 2020 = S76,784, 2021 = $110. 336 2. BuyBoard - awarded in 03 2020 Sales in 2020 = $27,876, 2021 = $43,510 3. FL Sheriff - awarded in 04 2020 Sales in 2020 = $33,900, 2021 = $84,682 4. GA State - awarded in 04 2020 Sales in 2020 = $4,500, 2021 = 0 5. LA State Sales in 2018 = $868,500 , 2019 = $371,337, 2020 = $31,850. 2021 = $47,969 6. Polk County FSA Piggyback - awarded 04 2020 Sales in 2021 = $7,099 Remaining contracts have not registered sales to date: 7) MN State - awarded 01 2021 8) NCPA - awarded 04 2021 9) NY OGS Sourcewell Piggyback - awarded 02 2020 10) OH DOT - awarded 04 2020 11) OK State - awarded 02 2021 12) OR State - awarded 02 2021 13) Palm Beach FSA Piggyback - awarded 01 2021 Prior to June 2020 a few of our dealers held a GSA and represented some of the Bush Hog products. As a result of our emphasis on the government market, we signed an agreement with Federal Contracts Corp (FCC) in June 2020 to represent our full price book on their GSA. Contract - GSA held by Federal Contracts Corp Awarded in 02 2020 2018 = $0, 2019 = $0, 2020 = $49.847, 2021 YTD = $69.005 Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities Entity Name • Contact Name Phone Number* Brazods Drainage, Peartand, TX Dan Keller 281485-1434 lGennan Township, Jewett, OH Kadna Emery 937-964-1661 Madison County Highway Dept, Edwardsville, IL Mark Gvillo 618-2964540 Bid Number: RFP 070821 Vendor Name: Bush Hog 67 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F Table 5: Top Five Government or Education Customers Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type " State / Province' Scope of Work • Size of Transactions • Dollar Volume Past Three Years' to not Government Texas -TX Mowers 216 transactions in the last 3 $2.829.811 (Prefer disclose years which make up the dollar volume listed to not Government Florida - FL Mowers 215 transactions in the last 3 $2,750,390 (Prefer disclose years which make up the dollar volume listed to not Government North Carolina - NC Mowers 217 transactions in the last 3 $2,718.528 (Prefer disclose years which make up the dollar volume listed Prefer to not Government Louisiana - LA Mowers 204 transactions in the last 3 $2,173,030 disclose years which make up the dollar volume listed Prefer to not Government Georgia - GA Mowers 208 transactions in the last 3 $2.081,766 disclose years which make up the dollar volume listed Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line question Response Item 25 Sales force. Our sales force includes Bush Hog employees, independent territory managers, and our independent dealer sales force. At the factory we employ teams of inside sales, customer service and technical support all of whom assist the various sales forces when tailed upon to be part of the sales process. It Is within our strategic direction to replace our independent sales force with Bush Hog employees as opportunities arise. During our transition we will continue our model of utilizing independent dealers as they provide customers with knowledgeable and local support which gives them a one stop approach to purchasing what they need. Presently we have 19 Independent territory sales managers, 2 who reside In Canada and support all provinces, 1 national sales manager, 2 regional sales managers, 1 business development manager, 10 employees in inside sales, customer service and technical support, all making up our sales, customer service and technical support along with over 1400 dealer locations across North America with many having a minimum of one employee committed to selling our products in the government, education, and non-profit sector. We are including a map of our Territory Manager coverage. An important key sales objective (KSO) is our sales force meets with each of their dealers monthly. This allows for training, inventory management, continuous communications on factory and product information, and for the sales team to understand where the dealer service level is in relations to customers. Our factory teams will step in to support the local dealer whenever requested or when we see it would aid in giving the customer a greater base of information and support. At the end of the day Bush Hog takes the approach that we are 100% responsible to making sure every customer is treated fairly with the highest standards and with the best team available, even if it comes from the factory. Our Business Development Manager, Regional and Territory Managers are involved in every government sale with our dealers as some are new to the government market and are leaming the sourcing and contract methods, how to get to the decision maker and how decisions on awards are made. Our training supports our sales force and customers with contract utilization and training to put everyone in a better position to purchase our products easily and without going out for a 3-bid process. Our continuous sales force training is providing the education and direction in how to successfully compete and close sates when working with the government. We have developed product sales videos and a 'Government Support' section in our dealer portal, specifically a landing page for our current Sourcewell contract to provide all the materials, forms, and information the dealers need to help customers purchase and service their Bush Hog products. We have included attachments of examples of what our dealers have available to support the customers. (Attachment: Table6Ques25BushHogTerritoryManagerMap, Table6Ques25ProductVideos, Ta bl e6Ques25Gov SupportSourcewel I Page ) 26 Dealer network or other distribution methods. Our distribution is simple. The factory builds the product and ships it to our dealers to conduct any set- up and the pre -delivery Inspection. Our dealer will make the delivery to the customer and most times our Territory Manager accompanies the dealer. We request and train our dealers to gain solid, long term relationships with their local customer as typically this leads to repeat business. As a result of our Territory Managers conducting monthly inventories at their dealers and with our dealers stocking our products and OEM parts at various locations, they can Identify times when we can move equipment between dealers to get product quicker to the customer. Most of our dealers in North America stock our products and have trucks to deliver the equipment to the customer. When requested we can deliver direct from the factory but will always include our dealer in the delivery to provide the local support to the customer. We offer our dealers inventory program pricing to encourage the stocking of our equipment locally. On average 82% of our government orders are fulfilled by the local dealer with their stock units which decreases the leadtime period tremendously for the customer. Our goal is to ship 97% of all OEM part orders within 24 hours of the order placement and to fill 90% of all orders complete without a backorder. Traditionally we have met these goals, however with material shortages we are all experiencing in 2021 our numbers have dropped but our goal will not change. We continue to ask our suppliers to meet our strict delivery requirements in order to achieve the goals. We are including our North American dealer listing and a map of dealer coverage. (Attached:Table6Ques26NorthAmericanDealerUst, Table6Ques26NoMiA nericanDeaterMap) Bid Number: RFP 070821 Vendor Name: Bush Hog 68 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F 27 Service force. 28 Describe in detail the process and procedure of your customer service program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. 29 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. 30 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. 31 Identify any geographic areas of the United Slates or Canada that you will NOT be fully serving through the proposed contract. 32 Identify any Sourcewell participating entity sectors (i.e., government, education, not -for -profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 33 Define any specific contract requirements or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Table 7: Marketing Plan LlneQuestion Item i Our service support and sales force may overlap at times as both the Bush Hog and dealer sales forces are trained to be the first line of support when service to the equipment is needed. Our dealers can work on our equipment and most have service trucks that can go out into the field to handle service work. There are times our sales force or one of our 4 factory technicians will go out with the dealer to the equipment to determine how to get it back up and running quickly. We will bring it back to the dealer or to the factory when that is what it will take to fox the equipment- Part of our factory support includes our Engineering department. Our 5 engineers will assist in troubleshooting anytime called upon and travel to the customer when that is what it will take to get to a solution. We work with our dealers when the customer needs a loaner unit while theirs Is being repaired. Our goal and attention are placed on building the product correctly and with the best materials available to keep service requirements to a minimum. We do this by having the equipment stop 3 times during production for a complete quality inspection prior to it being released for shipment. We have available to our dealers' online resources to help them perform service work. We are including examples of the online resources we provide. Our dealers are trained to contact us if they are not able to reach solutions quickly. Our Territory Managers and factory teams are instrumental in helping our dealers daily get equipment back on the job for the customers. (Attachment:Table6Ques27CylinderRebuild) We define customer service as listening to the customer, working with them to make sure they gel what they need and providing the training, sales, technical and part selection support to keep their equipment working for many years. We train everyone at Bush Hog and at our dealers who are going to touch the customer at anytime during the lifetime of the equipment to follow the simple process of listening and getting the information to the right person or group that can best assist the customer quickly and effectively. Usually, the first line of customer service is at our local dealer. We have provided them with the manuals, product information, price books and tmining for them to be successful. However, if they are unable to complete the task, they know to contact their Territory Manager or the factory customer service or technical support teams. Customers are welcome to contact our factory staff directly and bypass their local dealer if they choose, however we will always bring our dealers back Into the loop. For more than 50 years we have developed our dealers in locations we are confident covers ail customers In the US. If by chance, there is a customer without our dealer coverage we will find one and support all the needs of the customer from our factory until the dealer is prepared to offer the support. Being a part o1 Alamo Group also gives us the benefit of going to a member company and quickly locating a qualified dealer. Our Canadian coverage has grown over the years, and it is our Intention to cover Canada in its entirety. Our additional growth focus areas are British Colombia and Manitoba as we know we need to develop additional dealers to provide greater coverage. If a customer wants a Bush Hog product, we will make it happen through supporting them directly from the factory or finding the qualified dealer in their area. We will service all geographic areas of the US and Canada. We will fully service all participating entity sectors as we do not have any limitations. We do not have any specific contract requirements or restrictions to participating entities in Hawaii, Alaska, or in US Territories. Response* Bid Number: RFP 070821 Vendor Name: Bush Hog 69 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 34 Describe your marketing strategy for promoting Our roots were established in the Agricultural market. We have been servicing the market since 1951 and this contract opportunity. Upload have grown to $134 million in sales. Overtime some of our agricultural customers have become government representative samples of your marketing customers and through word of mouth and the reputation we have built we have supplied the government materials (If applicable) in the document market for many years without a true focus. In early 2020 we did the research and determined our products upload section of your response. are heavily used in the government market and we have the capabilities of growing this market to Increase our product offerings, revenue, and footprint in North America. We have been putting together our processes and system foundations to support the growth in the market. We began makfng changes Internally and with our dealers. We started to apply for and have been awarded multiple contracts where we rarely held contracts at the factory level in our history. We developed our focus in the government market while training our staff and dealers and educating our customers on the use of our contracts. Alamo Group (TX), a sister company, saw 3 of our product groups to be complimentary to theirs and they requested they be added to their Sourcewell contract in 02 2020. Once accepted we began to fully support Alamo Group (TX) and the Sourcewell contract and using it as our lead, go -to contract. We started training our factory team and dealers on using the Sourcewell contract and believe we have been successful in Sourcewell sales of $326,206 (as of June 2021) In less than a year, with only 3 of our product groups. We determined we needed more focus on this market and we knew we wanted to apply for this RFP for the opportunity to get all Bush Hog products on a Sourcewell contract. In May 2021 we promoted one of our Territory Managers to a Business Development Manager (BDM) for Bush Hog government sales in North America. Our BDM is working with our VP of Sales and Marketing, National Sales Manager, Regional, Territory and Marketing Managers, and dealers to broaden our coverage and exposure in the market. If awarded, our plan includes: 1) Continuing the focus on our dealer trainings and educating the customers about the Sourcewell contract. We will continue to provide the marketing materials Sourcewell offers to complement our dealer trainings as we teach our dealers how to engage, what to say and not say, and what to leave behind on a customer visit. After trainings we will provide dealers with digital and/or hard copies or links to a) Sourcewell Supplier portal, b) the member list, c) Sourcewell Reference Guide, d) Sourcewell/Bush Hog Customizable Dealer fryer (see attached), e) Sourcewell Awarded Contract logo, f) Sourcewell contract directory, g) Sourcewell desktop flag. 2) Being involved (dealers and factory) in attending events with customers to keep and get our name and the contract in front of them, a few we are budgeting - NIGP, AASHTO/EMTSP and their 4 regions, PWX, local APWA and local Judges and Commissioner shows, our plan is to work with Sourcewell and attend shows in which they have a Sourcewell section where awarded suppliers can be together to leverage the contract. We are presently working with the NIGP to be included in their virtual and in -person shows in 2021. 3) Connecting through social media and other methods of advertising in which Sourcewell will be noted, (see attached), we provide our dealers with access to canned radio and social media advertising which we will add the Sourcewell Awarded logo if awarded (see attached webpage menu), through our digital marketing with Farm Equipment Farm Equipment (farm-equipment.com) we have sold our products using our Sourcewell contract which really let us see our agricultural customers are also in the government sector and we just need to continue to let them know we can serve them in their government needs as well. 4) We will continue to encourage our dealers to host their local government agencies at their dealerships to gain contract exposure, to offer our operator safety trainings and hosting open houses specifically for government agencies. 5) We will maintain full dealer coverage across North America and add when a gap shows up. 6) Most of our products have been developed due to listening to the customer requirements. We will continue this direction and present new product or product revisions to match their current and future needs. 7) We will continue to develop our govemment support online resource pages for our dealers, which helps them make the purchasing and service processes for the customer easy. (see attached Sourcewell webpage) 8) We will continue to expand our YouTube video library which presently contains 60 demonstrations, instructional and informational videos our dealers and customers can access. Virtual Farm Show - Bush Hog, Videos - Bush Hog 9) We will continue to have key sales objectives (KSOs) for our sales force including our dealers to promote using the Sourcewell contract as the first one we offer. 10) We plan to work with Sourcewell to use all your resources available to help rapidly grow our contract and link our webpages to Sourcewell pages. (Attachments: Table7Ques34SourcewetlBushHogDealerFlyer, Table7Ques34DigitalMarketingExample, Tabfe7Ques34BushHogMarkelingWebpage, Table7Ques348ushHogSourceweliWebpage) 35 Describe your use of technology and digital Part of our plan to offer more Bush Hog products in the government market has been to increase our brand data (e.g., social media, metadata usage) to awareness. In the first quarter of 2020 we completed a search engine optimization (SEO) project which has enhance marketing effectiveness. increased our organic traffic by over 34%, increased users by over 29% and Increased new users by over 31%. We have four e-commerce sites 1) Build My Bush Hog(httpsJ/conftgurator.alamo-group.com/Default.aspx?AGThemeSource=BushHog) a configuralor used by customers and dealers to build the product, price it, quote it and order it. 2) Our Service Center(httpsJAvww.bushhogservicecenter.com) gives our dealers a one stop to access their orders, invoices, and statements. 3) B2C Parts Management for the public and parts and warranty management system for dealers can be located at (httpsJ/parts.bushhog.com). 4) Bush Hog E-Store for ordering apparel and merchandise. Our social media sites include: Facebook (https:/Awvw.Moebook.comBushHoglnct) Instagram(htipsJAvww.instagram.com/bushhoginc/) YouTube(htipsJ/www.youtube.com/channeWC7 z_OBKMgs3MUnrKbrAWyw/featured) tinkedln (httpsJAvww.finkedin.coMcompany/bush-hog4lc?trk=prof-0-ovw-cur-pos) Twitter (https:/Awfter.com/bushhoginct) II awarded, we plan to use our established avenues to publish our brand being represented on a Sourcewell contract as well as share content between our two companies for further customer engagement. 36 In your view, what is Sourcewell's role in As members contact Sourcewell and inquire on our product types we believe Sourcewell is In a great promoting contracts arising out of this RFP? position to promote us to the member. We would like to know when our products are promoted so that we How will you integrate a Sourcewell-awarded can follow up with the member to see if we have a solution for their need. As Sourcewell participates in contract into your sales process? events or shows we think you should promote our contract and provide our contact and even go so far as showing them our landing page if applicable, at that point we would like the opportunity turned over to us. We would like to see Sourcewell promote our contract through social media by putting Information out but also sharing contact we put out. It would be helpful to promote contract information at all Get to Know You sessions. In support of the contract, we would like to see Sourcewell reach out to members in any media capacity on a semi or annual basis to let them know/refresh them of the contracts available and the suppliers on the contract. Sourcewell can also help promote our contract on their website by providing an easy to locate supplier/product search and landing page as you have now. As we described in our marketing plan in #34, we will use Sourcewell as our first -choice contract offered to customers. We will add Sourcewell to all our marketing pieces and show we are an awarded supplier on our website as well as our product confgurator. We will add a piece to new videos we produce to include discussing the contract. Our direction will be to eventually get to the position when someone wants Bush Hog, they want to buy It off our Sourcewell award. Bid Number: RFP 070821 Vendor Name: Bush Hog 70 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F 37 Are your products or services available Our government customers and dealers currently use our Build My Bush Hog (https://configurator.alamo- through an a -procurement ordering process? If group.con/Default.aspx?AGThemeSource=BushHog) configurator as an e-procurement tool as they can go so, describe your e-procurement system and directly online and configure the exact product they need, have access to Immediate pricing which can then how governmental and educational customers be sent to their dealer of choice to complete the order process. Our dealers can feed what the customer have used it. has completed into their system and then Ilnk the customers purchase order and create their Invoice which can go directly back into the customers system. Our dealers push the orders from their system into ours to close the tracking requirement, place orders to the factory, and perform Inquires after the sale. Our customers can find the parts they need, order them, and get pricing directly online at (httpsJ/parts.bushhog.com) or online through their local dealer. In both cases, they have an option for the delivery and invoice data to be sent back to their customer system. Through our factory and most of our dealers' customers can pay their invoice all through electronic applications. Table 8: Value -Added Attributes Line Item Question Response 38 Describe any product, equipment, Our customer training often begins during a demonstration we jointly conduct with our local dealer. As the maintenance, or operator training decision maker, operator and/or maintenance technicians are normally in attendance we provide them with programs that you offer to Sourcewell extensive training, at no charge, on product selection, and how to safely operate and maintain the equipment. participating entities. Include details, such Once a purchase has been made, at the time of delivery with our local dealer we will provide this no charge as whether training is standard or required training again to everyone who will be operating and working on or near the equipment. It is at this optional, who provides training, and any time we conduct a thorough review of the Operators manual, see attached. We will continue to provide this no costs that apply. charge training during the life of the equipment when the customer requests. Some customers are staffed to conduct their own work on the equipment especially once the warranty period has expired. We offer no charge service training to these customers as well as full factory support on troubleshooting and reaching solutions. Our YouTube channel htipsJhvww.youtube.conVchanneUUC7_z_OBKMgs3MUnrKbn4Wyw/featured offers our customers and dealers over 60 free videos to help choose the right product, watch the product in action and instructions on repairing the equipment. We are always ready to add another video at the request of our dealers or customers. Through our parent company, Alamo Group, we offer our optional Tractor Mower Operator Safety (T.M.O.S.T.) training (see attached) which encompasses how to operate heavy equipment safety and the general maintenance work required to keep equipment working properly. We have trained over 25,000 students, many repeating each year as it is normally a requirement for continuing education with operators. These trainings are held at the local dealership or at the agency sites. Recently we moved portions of the training online due to social distancing requirements. There are various factors involved in pricing the training. We take into consideration the location, if it will involve online modules, how many students and the level of training requested as we have several to choose from, therefore we are not able to provide pricing until we have specified what is being requested. An example of an In -person 6-hour Gass could range from 575 to $250 per student but again there are so many factors involved in getting to the actual price we cannot provide an exact price unfit we completely define the where, how many and type of training. (Attachment:Table8Ques38OperatorsManual, TabfeSQues38BushHogTMOSTTrainingRyer) 39 Describe any technological advances that We have advanced our zero turn mower technology (see attached), to include: 1) electronic control panels with your proposed products or services offer. keyless start, security code, engine diagnostic codes, and starting interlock Identification - These allow the customer to quickly identify and fix issues which may arise while operating the equipment. 2) Our new patent pending front suspension allows for a much smoother ride with very few wearable parts. We are constantly In pursuit of comfort, affordability, and most important dependability. 3) We offer CARB compliant products which produce less harmful emissions, toxins, and particulates and results In a cleaner and safer air quality — the equipment meets the current emissions standards set by CARB (California Air Resources Board). 4) We offer US Forestry Service approved spark arrestors. (Attachment: TabteBQues39HDZ4- ProfessionalSedesZTMowerWebpage) 40 Describe any 'green' initiatives that relate List of our 'green' Initiatives. to your company or to your products or 1) We are collaborating with a company to for the automation and electrification of a zero turn mower. services, and include a list of the 2) Convert all lighting in the plant to LED to reduce overall electricity consumption and reduce the pollution that certifying agency for each. is emitted from non-renewable sources of energy. 3) Migrating to battery operated forklifts and developing battery charge stations powered by solar power, goal is a 20% reduction of KwHs by 2025. 4) Shredding cardboard versus sending to the land!!!, goal is to recycle 85% of the cardboard by 2025. 5) Send paper throughout the entire company to be recycled versus to the landfill, goal Is to recycle 85% of our paper by 2025. 41 Identify any third -party issued eco-labels, We have attached our CARB certification. (Attachment:Tabte8Ques41CARBCompliancoGerttficate) ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life - cycle design (cradle -to -cradle), or other green/sustainability factors. 42 Describe any Women or Minority Presen0y we do not require our dealers, suppliers, or partners to fumish this data. However, we know several Business Entity (WMBE), Small Business of them hold one or more of the certifications due to the longevity of our relationship together. Entity (SBE), or veteran awned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 43 What unique attributes does your Our most renowned attribute Is we have the longest gearbox warranty In the rotary cutter industry. All our company, your products, or your services gearboxes have a 10-year limited warranty, six years on parts and labor, and four additional years on parts. offer to Sourcewell participating entities? We have customers who have literally run a million hours without gearbox failures. A most unique attribute Is What makes your proposed solutions we are certified by ASABE and ISO to conduct all required testing for rotary cutters which is required prior to unique in your Industry as it applies to offering products to the public. We have a test facility, which Is audited periodically, and we attend ASABE, Sourcewell participating entities? and ISO required meetings to keep our certification current. Examples of the testing we perform are bump testing, of which we have Included a video, thrown object testing, blade Impact and blade balance testing, lighting and marking testing, and many others. We have attached a complete listing of all the required tests we can perform for manufacturers looking to market rotary cutters. Another unique attribute Is we have two patents, 8601868 and 9903463, covering the oil site gauge on the side of our gearboxes. This site gauge improves maintenance by ensuring the proper oil level. We found if your only option is to use a dipstick, the oil level Is not often checked daily, and this can cause problems. The side oil site gauge eliminates these Issues and helps extend the life of the unit. Bid Number: RFP 070821 Vendor Name: Bush Hog 71 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response 44 Do your warranties cover all products, parts, and labor? We have attached our Limited Warranty which is also located In each of our operator manuals and our Product Warranty Guide, both spelling out our full warranty coverage which includes covering all our products, parts, and labor. Both attachments detail out coverage by product when applicable. Our government customer warranty period on our products is 1 year and 90 days on our OEM parts, with the exception of our gearboxes. We are the only manufacturer in our industry providing a 10-year warranty on our gearboxes. (Atiachments:Tabte9Ques44LimitedWaranty, Table9Ques44ProductWarrantyGuide) 45 Do your warranties impose usage restrictions or other Our Limited Warranty also details out when warranty coverage shall not apply. limitations that adversely affect coverage? 1) Vendor items which carry their own warranties. 2) If the unit has been subjected to misapplication, abuse, misuse, negligence, fire, or other accident. 3) If parts not made or supplied by Bush Hog have been used in connection with the unit, if, in the sole judgment of Bush Hog such use affects Its performance, stability or reliability. 4) If the unit has been altered or repaired outside of an authorized Bush Hog dealership in a manner which, in the sole judgment of Bush Hog, affects its performance, stability or reliability. 5) To normal maintenance service and normal replacement items such as gearbox lubricant, hydraulic fluid, wom blades, or to normal deterioration of such things as belts and exterior finish due to use or exposure. 6) To expendable or wear items such as teeth, chains, sprockets, belts, springs and any other items that in the company's sole judgment is a wear item. 46 Do your warranties cover the expense of technicians' travel We do not cover the expense of technicians' travel time and mileage to perform warranty time and mileage to perform warranty repairs? repairs. However, our dealers have been known to work with the customers on a case -by - case basis to keep these charges to a minimum or to waive these charges. 47 Are there any geographic regions of the United States or We will provide full warranty service in North America where are products are being sold. Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourceweil participating entities in these regions be provided service for warranty repair? 48 Will you cover warranty service for items made by other A few of the components we use in our products are covered by the suppliers own manufacturers that are part of your proposal, or are these warranties and therefore the customer and dealer would work directly with the supplier for warranties issues typically passed on to the original coverage. Our engines are an example of when a suppliers warranty coverage would take equipment manufacturer? place versus Bush Hog covering the component. 49 What are your proposed exchange and return programs and We do not have exchange or return programs for our equipment at Bush Hog. However, !f policies? the customer is requesting an exchange or return, we will provide a!i support and repairs to make the equipment acceptable to the customer. If we cannot satisfy the customer, we will work with the dealer and the customer to come up with an acceptable solution for all. Many of our dealers have exchange and return programs which would be negotiated directly between the customer and the dealer under normal conditions. 50 Describe any service contract options for the items included Bush Hog does not offer service contracts. Many of our dealers' design service contracts In your proposal. that meet the needs of the customer, and they work directly with the customer on pricing and terns of the agreement. Bid Number: RFP 070821 Vendor Name: Bush Hog 72 of 138 DocuSign Envelope ID: 132COBDA-8ADE48D3-AEOB-OBD58831943F Table 10: Payment Terms and Financing Options ILino Question Response. 51 Describe your payment terms and accepted payment Currently, the vast majority of our government, non-profit and education customers go through our local dealers methods? to make their purchases. The terns and conditions (Ts and Cs), which include payment terms and accepted payment methods are agreed upon between the customer and the dealer. Some of our dealers accept Pcards as well as checks, ACH and wires for payment and provide extended terms beyond our standard Ts and Cs. However, when the purchase is made through one of our contracts it is the contract Ts and Cs or better which apply. Our proposed payment term Is Net 30 and our accepted payment methods are check, ACH and wires. If a customer buys directly from Bush Hog our proposed payment term and accepted payment methods would apply. If a customer buys from their local dealer we will train our dealers on the contract Ts and Cs but also let them know they can choose to provide an extended payment term period beyond Net 30 and they can accept additional payment methods beyond what we propose. 52 Describe any leasing or financing options available for Bush Hog does not offer leasing or financing options but will negotiate an extended term beyond Net 30 on a use by educational or governmental entities. case -by -case basis. We have recently announced a strategic partnership with New Holland which gives customers the opportunity to finance their New Holland tractor in the same transaction as their Bush Hog with one low rate (see attached). Many of our dealers have leasing and financing options covering our products that are available to the customer. The customer would work directly with their local dealer on the right package that fits their leasing or financing parameters. (AttachmentTablet OQues52BushHogNewHollandPressRelease) 53 Briefly describe your proposed order process. Include Our proposed order process is the customer can purchase direct from our local dealers or direct from Bush enough detail to support your ability to report quarterly Hog, we will highly recommend they purchase through our local dealer and make the purchase order out to sales to Sourcewell as described In the Contract our dealer. Our factory sales team will be Involved in every government sale which uses our Sourcewell template. For example, indicate whether your dealer contract just as we are doing today. We will work with the dealer to ensure the right product and the correct network is Included In your response and whether each price is being offered. The dealer will be trained that they may offer a better price but cannot offer a higher dealer (or some other entity) will process the price as this is a ceiling -based contract. Our dealers purchase equipment from us and have a standard Sourcewell participating entities' purchase orders. discount off list which applies to all their purchases. If our dealer sells equipment to entities in the government, education, and non-profit sector they receive an additional discount which they apply for by sending in 1) the quote provided to the customer (see attached), 2) the customer purchase order made out to the dealer and 3) the bid discount form (see attached). This Information feeds into our contract usage tracking report which we use to calculate the fee amount due and to report on our contract utilization. We have a check and balance with the reporting from our operating system as we have conducted internal audits taking dealer order discount data from our operating system and matching it to what our dealers submit and so far we have 100% compliance in our reporting. (Attachments:Table 10Ques53SourcewellDealarQuoteFillableForm, Tablel OQues53Sourcewell BidDiscountFllableFonn) 54 Describe any standard transaction documents that you We will continue to use the following documents in support of an award: propose to use in connection with an awarded contract 1) Dealer quote form (see attached) (order fortes, terms and conditions, service level 2) Dealer bid discount request form (see attached) agreements, etc.). Upload a sample of each (as 3) Sourcewell fee and utilization report (see attached) applicable) in the document upload section of your We will use the Sourcewell terms and conditions if awarded with the understanding the customer may request response. a change which we will work through on a case -by -case basis. Bush Hog does not offer service agreements however, our dealers may and it will be up to the customer and dealer to establish an agreement (Attach ments:Table l OQues53SourceweliDealerQuote Fillable Form, Table IOQues53SourcewellBldDiscountFlllableForm, TablelOQues548ushHogSourcewellFeeAndUtilizatlonRepart) 55 Do you accept the P-card procurement and payment Bush Hog does not accept P-cards for factory direct purchases. Many of our dealers accept P-cards. It will process? If so, is there any additional cost to be between the customer and dealer on any extra charges which may apply. Sourcewell participating entities for using this process? Bid Number: RFP 070821 Vendor Name: Bush Hog 73 of 138 DocuSign Envelope ID: 132COBDA-8ADEA8D3-AEOB-OBD58831943F Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response' 56 Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response 57 Quantity the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. 58 Describe any quantity or volume discounts or rebate programs that you offer. 59 Propose a method of facilitating "sourced' products or related services, which may be referred to as 'open market' items or 'nonstandard options'. For example, you may supply such items "at cost' or "at cost plus a percentage,' or you may supply a quote for each such request. 60 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre - delivery Inspection, installation, set up, mandatory training, or Initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 61 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. 62 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. 63 Describe any unique distribution and/or delivery methods or options offered In your proposal. Table 12: Pricing Offered Line item The Pricing Offered In this Proposal is: 64 d. other than what the Proposer typically offers (please describe). Our product pricing for the contract will be based on our list price less a discount percentage for each of our product groups. A surcharge of 12% of the configured list price will be added to ail product groups at this time. We have chosen to offer the tremendous cost fluctuations of steel as a surcharge versus building it into our list price as we believe the market will eventually return to tower costs and we want to easily make the adjustment for our customers when it occurs. We reviewed what we think the market can absorb, which is never the full amount of the increases we are seeing. We are including our justification for the surcharge in an attachment. We are unable to provide pricing for our Tractor Mower Operator Safety Training (T.M.O.S.T.) until we have defined the customers training requirements and developed the exact training program. The type of training, number of students, location, and online versus in -person programs make up the pricing calculation. There are too many variables to publish pricing prior to understanding the requirement. (Attachments:TablellQues56BushHogListPriceBook, Tables tQues56SurchargeJustification) We propose a 30% discount off our list price for all products and accessories included in our price book except on zero turn mowers. We propose a 27% discount off our list price for all zero turn mowers and accessories. We propose 2% off the current list price for all our OEM parts. We are including our discount schedule as an attachment. We propose a 12% steel surcharge on all products. The surcharge will not apply to OEM parts. (Attachmeni:Table 11 Ques56 DiscountSchedute) We do not offer a formula for volume discounts or rebate programs. Bush Hog and our local dealer wifl identify any special pricing to be considered at the time of offering our solution and providing a quote. We will provide the customer the method and documentation we use to calculate sourced, open market, or nonstandard options for products or related services. This will include but is not limited to calculating these items at cost, cost plus, or a negotiated price. Our dealers will typically include fine items for set-up and predelivery inspections on their quote to the customer. These costs are usually a published price adder which documentation can be provided to the customer at the time of a quote. We assist dealers in providing them with the expected time it will take to perform these services for our products and have included our recommendation documentation with this submission. (Attachment:Tablel 1 Ques60SetupPredeliveryRecommendation) Our freight, delivery and shipping are separate line items outside the cost of our products. We apply factory freight to all deliveries whether to our dealer or the customer and it is based on current freight published rates at the time of pickup at the factory. Our dealers will pass along to the customer the exact factory freight they were charged. They may also add a local freight delivery charge if applicable. The exception is when we run special dealer Incentive programs for stocking products. These programs may include free freight to the dealer and our expectation is our dealer would pass this savings on to the customer by not Including a factory freight charge. We offer the same process as described in number 61 to our dealers and customers in Alaska, Hawaii, Canada, or offshore. In Canada we work to keep freight costs down by using one of our large dealers as a distributor throughout the eastern provinces. They warehouse a considerable amount of inventory for quicker deliveries in the provinces. All of our local dealers and our factory supports the western provinces with deliveries. We do not have any unique distribution or delivery methods. Our goal is to always gat the product to the customer as quickly as possible and at a fair delivery rate. Comments D. Our pricing is the same as we offer on other awarded contracts managed by government agencies and cooperative procurement organizations. Our pricing for a 3- bid process is typically higher to encourage the use of contracts which saves us and the customer time and transactional costs since it does not need to be duplicated for each request. Bid Number: RFP 070821 Vendor Name: Bush Hog 74 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F Table 13: Audit and Administrative Fee Una Item Question 65 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process Includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. 66 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. 67 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendors sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Response` We have recently developed our processes to track our government sales to include those going through a contract and those going through a 3-bld process. Our dealers cannot receive their full government discount without providing quotes, purchase orders and invoices which reflect the Sourcewell member number and contract number. Our Territory Managers are also involved in every government sale, and they have been trained on what is required to comply with our tracking and fee payment and in making sure the Sourcowell price book is being used. We are unable to place an order or provide the extra discount in our factory system without the required documents. We conduct Internal audits periodically and remain at 100% accuracy in the reporting of our sales on our current Sourcowell award. Our goal Is to have customers use our contracts versus the 3-bid process. We will be tracking the use of all our contracts versus the 3-bid sales and questioning the sales not going through Sourcowell as our dealers and factory all know we want to use Sourcewell as our lead contract if awarded. This tracking will allow us to know where we need to perform additional training and education at the dealer and customer levels. We know what our government sales have been, and we know the amount of sales we have put through our existing Sourcewell award which only covers 3 of our product groups. We will be tracking these numbers and expect growth not only with existing customers but adding new customers. We will use this reporting to feed into our training and development of our dealers and customers. We propose a 1% administration fee to be applied to any equipment or parts sold through a Sourcewell contract we would be awarded. The fee would not be applied to any line item not listed in our price book. Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Item Response 68 Provide a detailed description of the equipment, Our proposal for this award will include our complete range of equipment to Include 1) finishing products, and services that you are offering in your mowers, 2) zero turn mowers, 3) single -spindle rotary cutters, 4) multi -spindle rigid deck rotary cutters, proposal. 5) flex -wing rotary cutters, 6) flail shredders, 7) boom mowers, and 8) tillage equipment. Our proposal also Includes all OEM parts and our T.M.O.S.T. training courses. We have chosen to no longer publish a full line catalog, instead we have created detailed online, easy to print product guides which provides customers with complete details on the product to include features and benefits and specifications. We are attaching our boom mower online guide. All guides can be viewed by going to www.bushhog.com and selecting the product they wish to review. Here is the link as well to our boom mowers https://bushhog.conVboom—mowers/forward-reach-rmb-mowers/. 69 Within this RFP category there may be subcategories We Interpret this question to provide other equipment we are offering in this proposal which does not of solutions. List subcategory filles that best describe fall into the 7 categories defined in questions 70 — 76 of the RFP but are complimentary to them and your products and services. are included in our complete price book. The subcategories we are offering in our proposal are 1) pull dirt scrapers, 2) backhoes, 3) skid steer buckets, 4) grapples, 5) pallet forks, 6) compact rear blades, 7) compact box blades, 8) compact landscape rakes, 9) compact road grader and accessories, 10) manure spreaders, 11) skid steer cutters, 12) hay tools, 13) loaders, and 14) compact snow blowers. Table 148: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Una item Category or Type Offered • Comments 70 Flail, boom, rotary, wing, sickle, and slope mowers r Yes no comment r No 71 Seeders, fillers, mulchers, and sprayers r Yes no comment r No 72 Erosion control equipment r Yes no comment r No Ditch maintenance equipment r. Yes no comment I73 r No 74 Signage, signals, and message boards r, Yes no comment r No Radar equipment, traffic cameras or traffic sensors r Yes no comment I75 r. No 76 Other road right-of-way maintenance equipment r Yes We are Including our zero turn mowers In r No this category as many of our flail, boom, rotary, wing, sickle and slope mower sales also Include a zero turn to get into the spaces the larger equipment cannot get into alongside the roadways and bridges. Bid Number: RFP 070821 Vendor Name: Bush Hog 75 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 77. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Contract Section ITerm, Condition, or Specification IException or Proposed Modification — yYe have no exceptions to Terms, Conditigns, pf Speflcatign forms. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible fl., j also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains mare than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • —Pricing - Pricing.zip - Wednesday July 07. 2021 13:30:12 • Financial Strength and Stability - FinancialStrength.zip - Friday July 02, 2021 11:06:37 • Marketing Plan/Samples - MarketingPians.zip - Wednesday July 07, 2021 16:57:59 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information - Warranty.zip - Friday July 02, 2021 10:59:25 • Standard Transaction Document Samples - StandardTransactions.zip - Friday July 02, 2021 11:03:34 • Upload Additional Document - AdditionalDocuments.zip - Wednesday July 07, 2021 13:31:11 Bid Number: RFP 070821 Vendor Name: Bush Hog 76 of 138 DocuSign Envelope ID: 132COBDA-8ADEA8D3-AEOB-OBD58831943F Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: hnps://www.trepsurv.aov/ofac/downloods/sdniist,pdf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.00v/SAM/; or Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Kerry Meacham, Vice President Sales & Marketing, Bush Hog, Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes c No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Bid Number: RFP 070821 Vendor Name: Bush Hog 77 of 138 DocuSign Envelope ID: 132COBDA-8ADE-48D3-AEOB-OBD58831943F Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum_4_Road_ROW_Maintenance_Egpt_RFP_070821 F 1 Fri June 18 2021 05,04 PM Addendum_3_Road_ROW_Maintenance_Egpt_RFP_070821 r. 1 Thu June 17 2021 0620 PM Addendum _2_Road ROW_Maintenance_Egpt_RFP_070821 r 1 Wed June 16 2021 05721 PM Addendum _1_ Road _ ROW_Maintenance_Egpt_RFP_070821 1 Wed May 26 2021 04:28 PM Bid Number: RFP 070821 Vendor Name: Bush Hog 78 of 138 DocuSign Envelope ID: 2855BA7E-6BOE4CBF-9OB9-FD7AC765CA4B AMENDMENT #1 TO CONTRACT # 070821-BHG THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Bush Hog, Inc. (Supplier). Sourcewell awarded a contract (070821-BHG) to Supplier to provide road right-of-way maintenance equipment to Sourcewell and its Participating Entities, effective August 6, 2021, through August 9, 2025 (Contract). Bush Hog, Inc., has changed its name to "Bush Hog, LLC." As of the effective date of this Amendment, all references to "Bush Hog, Inc." in the Contract will be replaced with "Bush Hog, LLC." Except as amended, the Contract remains in full force and effect. Sourcewell Bv: FDocuSigned by: j —CO-02A139DD6489 Jeremy Schwartz, Chief Procurement Officer Date: 10/6/2023 1 10:06 AM CDT Approved: DoeuSigneed by: r W IBBAF' I N4454... Chad Coauette, Executive Director/CEO Date: 10/6/2023 1 1:50 PM CDT Bush Hog, LLC � DocuSigned by: ��l_ wtwt awk,mvu o3DFF 9CD3BE*4F2 Jimmy Anderson Title: National Sales Manager Date: 10/5/2023 1 4:36 PM PDT Sourcewell Contract H 070821-BHG I Amendment $11 Page 1 of 1 79 of 138 BUSH Ff""' _ QUOTE FORM MEMBER NO. 109 PO to be issued to Dealer CONTRACT NO. 070821-BHG 4 15/2024 DATE Quote valid for 60 Days Remit PO to: I ver lades Farm I- ui ment - g P _ Sales RepYune De La Rosa Servicing Dealer - Address 150 Orange Av City Fort Pierce State i I Zip ,34947 Phone .' i2) 579' i267 Shin to: City of Sebastian Agency Name ._ _ Attn Jess1 a Graham Address City _Sebastian State FL Zip _ Phone (7 '2) 388-8231 Qty Part No. Description List Price Extended F'rice I 2815RR4 2815 1Y Flex -Wine. ROUnd Blade I folder. 5.10 PT( I,Wi1h j, $29.233.00 9.233.00 i - y764 __jCV Driveline, 540 PTO. 1-3/8-6, ASAE Catc�ory 6 $1.850.00 <1.R50.0(1 1 50074158 Center Dual Axle Arms (4 Tires) S 1,931.00 $ 1931.00 1 50068188 \1 in;-_ Sin, -,lc Axle %mis (2 Tires) $ IA76.00 1.476.0(1 1 294x6 1 • Laminated Tire Set of 6 S2,070.00 $2.070 O(1 50069458 .-Double Row Chains, Front and Rear Is 1,908.00 $1.908 00 $0.00 $0.00 CONFIGURED PRICE 1 $38.468.00 I ESS SOUR(:F.WELL � 1 i 1 HER DISCOUNT .30 - —<,.l I.54 ,.40 CONFIGURED PRICE SURCHARGE 0.00 $0.00 - -- — SUBTOTAL — .26,92 7 00 _ _ FACTORY/LOCAL FREIGHT f $997.00 _ SET-UP/PDI —^-- _ �s5wo_00 - O tional E ui ment �_ q _ .P _ -- - - 0.00 30.00 —J— J SOURCEWELL MEMBER TOTAL PRICE 128.424.60 NOTES DEALER SIGNATURE DATE DISCLAIMER: THIS QUOTE IS SUBMITTED BY A BUSH HOG DEALER AND NOT FROb1 B- SH 1IOG, INC. WIM12mn, W148121 80 of 138 SEBASTIAN CENTENNUL CELEBRATION it" -1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 8, 2024 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Rotary Club of Sebastian New Officer Induction Celebration at the Community Center. Background: Paula Sue Barker of the Sebastian Rotary Club is seeking Council approval to serve alcoholic beverages at the Community Center on Sunday, June 23rd, 2024 from 2:00pm to 6:00pm. Staff has verified applicant's date of birth. They are expecting 50 attendees. If Agenda Item Renuires Exaenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review City Attorney Review: Procurement Division Review, if applicable City Manager Authorization: 4- Pool' Date: N/A N/A N/A 81 of 138 otrcr SE`T�l HOME OF PELICAN ISLAND CITY OF SEBASTIA14 COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228.7054 FAX: (772) 228-7054 ' For emergency purposes ONLY, pleose diol772.473.0,154' Today's Date: .41 / / /_-7"/ Name of Permittee (permits may only be C iZa ion (if appOcable) Physical Address Mailing Address (if different) Ile yx) &U4 lr — �)Z C (77'L- City State Zip Phone /�a/�'y l'C�►� T ./u�>�- �.� !'fit,✓ v �>i�EY_l. Reason for Rental Type of Function E-Mail Address , Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) �fi. �dA Requested Date/ Time: Fnbm Td� Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3► Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age - yF f A Date of irth Verified by u! L61 the undersigned, acknowledge that I am the: applicant or authorized agent of the above: referenced organization. that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the S250,0U security deposit will be refunded it the budding is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing anyzre4of a facilit I result in forfeiture, in part or full, of the security deposit Sighlica .X: I'al'k.h arnl K%XI'l';Itiull Rental Center 10.20.202 3 82 of 138 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2801 Name -ORC I uA0 v �` Date 'ear 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent Cash Check #/ 0/ J Credit 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services I n 1 Initials Amount Paid r'e ' c.l Total Paid I.S © r White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 83 of 138 �1\ SEBASTIAN MATINNUE (EIEBR�TION 1911.1014 CITY COUNCIL AGENDA TRANS YllTTAL Council Meeting Date: May S, 2024 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages tirr the Weber family Baby Shower at the Community Center. Buck round: Caridad Weber is seeking Council approval to serve alcoholic beverages at the Conununity Center on Sunday, July 14th, 2024 from 10:00am to 6:00pm. Stag' has verified applicant's date of birth. They are expecting 50 to 60 attendees. If Agenda Item Reauires Exaenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Att. chments: 1. Rental Permit Application _'. Payment Receipt Administrative Services Deparuncia Review: N/A City Attorney Review: IJNO Procurement Division Review, i/'upplicuhle: N/A City Manager Authorization: Date: 4111-�a.LY 84 of 138 MCX SEtAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32950 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 ' For emergency purposes ONLY, please dial 772.473.0454' Today's Date: 4/ 19/2024 Caridad C. Weber Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 1573 Picasso Street Physical Address Mailing Address (if different) Sebastian FL 32958 ( 772 ) 913-0153 City State Zip Phone Baby Shower caridadw032163@aol.cotn Reason for Rental — Type of Function E-Mail Address 50-60 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Sundat, July 14, 2024 10 6 Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? Yes 2) Will there be an admission charge or door charge? No 3) Will alcoholic beverages be served? Mamosas If yes, please provide govt. issued ID proof of age 3/21/1963i�L��.c+-� Date of Birth Verified by I. Caridad C. Weber . the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I leave applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the S250.00 security deposit will be refunded if the budding is left clean and undamaged, however. failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full. of the security deposit. '/ egnature of Applicant \:.Parka and kccreatiun'Acntal Ccntvr 10.20.2023 85 of 138 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name (V"" ' adL& �4!?,w p Cash Date 41 1 q IX4 Uj elsoo� 001001 208001 Sales Tax 001001 220000 Security Deposit [Check # o Credit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services cc) "4te- 1h 7111 6 Initials 2807 Amount Paid ;ZSNO ;2SV 99- 460 0-0 RIO Total Paid 735"ID White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant 86 of 138 SEBASTIAN (ENTENNIAE (ELMATION 1914 •1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 8, 2024 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Sebastian Fitness Christmas Party at the Community Center. Background: Micki Discepolo of Sebastian Fitness LLC is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, December 14th, 2024 from 7:00pm to 11:00pm. Staff has verified applicant's date of birth. They are expecting 65 attendees. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: �// /,;t vA Y N/A N/A QV:1 87 of 138 TodaY 's Date: aiyor SE�T�1 HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMMUNITY CENTER RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 228-7054 For emergency purposes ONLY, please dial 772.473.0454' )DI 9)�C. .. �__J . SC �v ' �`,i Name of Permittee (permits may only bite issued to an adult) �. ,5 C�b�s-� 4141- 1 �� Name of Organization (if applicable) Physical Address Mailing Address (if different) City State Zip Phone lip .5+V--gt4 S fa'a m I GA, .lfs �(z?�b ) e Uc��• can Reason for Rental — Type of Function E-Mail Address Anticipat d Number of Attendees (if more than 75 attendees, police services are required by R-10-15) \_2 I I Dq Requestep Da Time: Frori To Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 1�1A 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age 1,01.11141 / 1 Date of girth Verified by M�CAI �00 CCP`^ — , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, 'that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit wi." be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility 4williesult in forfeiture, in part or full, of the security deposit. Signature of Applicant \:\Parks and Recreation\Rental Applicat ions\Community Center 10.26.2023 88 of 138 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Namejekasfildl.0 ��+ sS UfkCash Date Z+�Z 2,b z1f Co , Vn V, .tip X, Ge"JI bLr Ci�'1 rl .>f71" 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent .4Gheck # J Credit i � pd p-hpmount Paid 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services a J-i u p f-D-f-� Cam m*i t�i�rn--t-�e. l . So ,3oo.oc L) os Im Total Paid Initials White - Dept. of Origin • Yellow - Admin. Svcs. - Pink - Applicant 89 of 138 SEBASTIAN (ENIINNIAI (RIBRATION 1lll .1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meetins Date: May 8, 2024 Aeenda Item Title: City Council Approval of Resolution R-24-24 approving a piggyback agreement for concrete curb, sidewalk, driveway, restoration and unclassified excavations with Palm Bay Concrete & Materials, Inc. Recommendation: Staff Recommends approval of R-24-24 approving a piggyback agreement for concrete curb, sidewalk, driveway, restoration and unclassified excavations with Palm Bay Concrete & Materials, Inc. and authorize the City Manager to execute the piggyback agreement. Backeround: At the April 10, 2024 City Council meeting, the City Council approved a Purchase Order in the amount of $127,968 to A. Thomas Construction for concrete services. However, this contract does not include concrete materials. To complete the 2022 and a significant portion of 2023 driveway replacements, Staff is in need of an additional contract with the option to have the vendor provide the concrete and additional labor needed to complete driveway demolitions. Palm Bay Concrete & Materials currently has an existing contract with the City of Melbourne effective through March 31, 2025 (with five (5) additional - one year renewal terms) that the City of Sebastian is seeking to piggyback. The piggyback will be used in conjunction with the City's existing contract with A. Thomas Construction. The attached quote is for pouring 65 CY of concrete to complete approximately 24 driveways. Staff will not exceed the approved amount between both vendors, with materials from Palm Bay Concrete & Materials, and labor from A. Thomas Construction. This piggyback will also provide the option to utilize labor as well from Palm Bay Concrete & Materials as needed. The use of piggyback contracts for purchasing under other existing government contracts guarantees that the pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process, pricing from other co-operatives and local vendors. The recommended vendor is the most advantageous to meet the needs of the City at this time. Staff is seeking approval of execution for the piggyback agreement with Palm Bay Concrete & Materials, Inc. for concrete curb, sidewalk, driveway, restoration and unclassified excavations and for authority for the City Manager or designee to execute all necessary documents or purchase orders. If Aeenda Item Requires Expenditure of Funds: Budgeted Amount: $ 17,230 Total Cost: $13,174.20 Funds to Be Utilized for Appropriation: Stormwater Utility Fund Attachments: 1. R-24-24 Palm Bay Concrete & Materials, Inc. 2. Attachment A - City of Melbourne Agreement 3. Attachment B - City of Sebastian Piggyback 4. Palm Bay Concrete & Materials, Inc. Quote Administrative Services Department Review: - City Attorney Review: A 4� � Procurement Division Revie-; if applicable: City Manager Authorization:(i� l2 Date: 90 of 138 RESOLUTION NO. R-24-24 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH PALM BAY CONCRETE & MATERIALS, INC. FOR THE PURCHASE OF CONCRETE RESTORATION AND EXCAVATIONS; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 287, Florida Statutes and City Code of Ordinances Section 2- 10, provide that, whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county or other governmental agencies, commonly known as a "piggyback contract"; and WHEREAS, Palm Bay Concrete & Materials, Inc. has an existing contract with the City of Melbourne effective through March 31, 2025 (with five (5) additional one year renewal terms), attached as "Exhibit A," that the City of Sebastian is seeking to piggyback for the purchase of the concrete curb, sidewalk, driveway, restoration and unclassified excavations; and WHEREAS, the City finds that at this time, it is in the City's best interest to enter into a piggyback agreement with Palm Bay Concrete & Materials, Inc. based on the terms of the contract between Palm Bay Concrete & Materials and the City of Melbourne (a political subdivision of the State of Florida), attached as "Exhibit B," for the purchase of concrete curb, sidewalk, driveway, restoration and unclassified excavations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the piggyback contract referenced above for the purchase of services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to issue purchase order to Palm Bay Concrete & Materials, Inc. in an amount not to exceed $15,000, for the purchase of concrete curb, sidewalk, driveway, restoration and unclassified excavations under the Pagel of 2 91 of 138 agreement attached hereto as "Exhibit A" through the City's supplemental agreement attached hereto as "Exhibit B." SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4. SCRIVENER'S ERRORS. Sections of this Resolution 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 designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Dodd Vice Mayor Dixon Council Member Jones Council Member McPartlan Council Member Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of 2024. ATTEST. CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and Legality: Jeanette Williams, City Clerk Jennifer Cockcroft, Esq., City Attorney OA, 92 of 138 City of Melbourne The Harbor City Procurement Division • 900 E. Strawbridge Avenue • Melbourne, Florida 32901 • (321) 608-7062 • Fax (321) 608-7070 PURCHASE AGREEMENT FOR SERVICES Concrete Curb, Sidewalk. Driveway. Restoration and Unclassified Excavations This PURCHASE AGREEMENT FOR SERVICES— Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations (this "Contract") is entered into by and between the City of Melbourne, Florida, hereinafter referred to as the CITY, and Palm Bay Concrete & Materials Inc., a Florida Limited Liability Company, whose mailing address is 102 E. New Haven Ave #114, Melbourne, FL 32901 hereinafter referred to as the PRIMARY CONTRACTOR. CITY PROCUREMENT CONTACT: Procurement Division Deena MacDavitt, Senior Buyer 900 E. Strawbridge Ave, Melbourne, FL 32901 deena.macdavitt a mlbfI.oro P: 321-608-7063 / F:321-608-7070 CITY DEPARTMENT CONTACT: Public Works and Utilities Department Nicholas Coster, Utility Operations Assistant Superintendent City of Melbourne 2895 Harper Road, Melbourne, FL 32904 nicholas.coster(cDMLBFL.or, P: 321-608-5100 / F:321-608-5105 CONTRACTOR CONTACT: Palm Bay Concrete & Materials Inc. Craig Wilson - President 102 E. New Haven Ave #114, Melbourne, FL 32901 pal mbayconcrete@gmaii.com P: 321-408-1808 This Contract consists of the following documents: (Mark "X" where applicable) © Exhibit A: Standard Terms and Conditions of Purchase Agreement — Services (Std Version 08/23/23) ® Exhibit Al. Statement of Work ® Exhibit A2. Performance Standards ❑ Exhibit A3. Maintenance Agreement F1 Exhibit A4. Pricing Schedule Exhibit B: Supplemental Provisions ❑ Exhibit C: Federal Compliance Provisions Exhibit D: Bid Specifications © Exhibit D1: Invitation to Bid # ITB-B24005D-0-2024/DM, as modified by addenda (the "ITB") ❑ Exhibit D2: Request for Proposal # RFP , as modified by addenda (the "RFP") 0 Exhibit D3: CONTRACTOR's Responsive Bid dated January 18. 2024, but only to the extent responsive to CITY's ITB or RFP, as the case may be (the "Bid") CITY may purchase and CONTRACTOR shall sell the Services (and Items incidental thereto) as described in Exhibit Al at prices specified in Exhibit A4, in accordance with the terms and conditions of this Contract and the documents marked above as Exhibits, all incorporated herein by reference. This Contract commences on April 1, 2024 (the "Commencement Date"), subject to the Effective Date. This Contract expires on March 31. 2025 (the "Expiration Date") and is ❑ not renewable M is renewable for up to five (5) one-year additional terms CITY: CITY OF MELBOURNE, a Florida mu icipal corporation .l JennfLm b,City Ma a Date ATTEST: le,��/��Kevin Mn, Ci y Clerk Cltv Use Only. Initial Method of Procurement (mark): ❑ITB# --- .9Z406.�-C—Lo2`f ❑RFP # []Exception: CONTRACTOR: PALM BAY CONCRETE & MATERIALS INC. a Flori a Corporation Signalur_e t / Date Name: /�2 Title: Commencement Date: — Note: But Cllochvo no earllor than last of the partlos to oxecull Expiration Dale: Renewal: ❑No [3yes: S terms Council Approval Date: I/i ❑Not p i t b e q Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 1 of 11g7 93 City of Melbourne & Palrn Bay Concrete & Materials, Inc. po 1325 Std Version 8/232023 Services EXHIBIT A STANDARD TERMS AND CONDITIONS OF PURCHASE AGREEMENT —SERVICES 1. DEFINITIONS A. "item(s)" means any goods or items, Including Intellectual property, provided by CONTRACTOR Incidental to the Services. B. "Hazardous Materials" are or contain dangerous goods, chemicals, contaminants, substances, pollutants, or any other materials that are defined as hazardous by relevant local, state, national, or international law, regulations, and standards. C. 'Purchase Order" Is CITY's document setting forth specific Services to be rendered and Order information. D. "Order' means CITY's authorization for CONTRACTOR to provide the Services defined in accordance with the CITY's Purchase Order sent to CONTRACTOR. E. "Service(s)" means the work which CONTRACTOR Is to perform for CITY as set forth in Exhibit All In compliance with the Performance Standards of Exhibit A2 and the Maintenance Agreement of Exhibit A3. F. "Expiration Date" is defined as set forth on the first page of this Contract. 2. TERM OF AGREEMENT The tern of this Contract shall begin on the Effective Date, and continue to the Expiration Date. The Effective Date of this Contract shall be the date of the last of the parties to sign, unless otherwise stated. If this Contract is renewable, it shall only be renewed at CITY's sole discretion. 3. PRICING A. Prices set forth on Exhibit A4 shall remain fixed for the duration of this Contract except as provided herein. B. The price charged CITY for any Service shall always be CONTRACTOR's lowest price charged any customerfor that equivalent Service regardless of any special terms, conditions, rebates, or allowances of any nature. If CONTRACTOR sells any Service to any customer at a price less than that set forth herein, CONTRACTOR shall adjust its price to the lower price for any un-Invoiced Service and for all future Invoices for such Service. For purposes of comparing price under this Paragraph, the price and/or conversion costs of Services shall include those CONTRACTOR cost components which are generic to the Services as compared to other similar services generally provided by CONTRACTOR. Such comparison shall be made to the extent Services have similar characteristics, such as labor rates, turnkey material costs, storage expenses, or other specific comparison criteria agreed upon by the parties. C. In the event CONTRACTOR offers a lower price, either as a general price drop or only to some customer(s) for any reason, CONTRACTOR shall immediately Inform CITY of this price and rebate to CITY an amount equal to the difference in the price paid by CITY and the lower price for all such Services provided during the preceding thirty (30) days. D. All Applicable taxes and other charges such as duties, customs, tariffs, Imposts, and government Imposed surcharges paid by CONTRACTOR shall be stated separately on CONTRACTOR's Invoice and bome by CONTRACTOR. In the event that CITY Is prohibited by law from remitting payments to the CONTRACTOR unless CITY deducts or withholds taxes therefrom on behalf of the local taxing Jurisdiction, then CITY shall duly withhold such taxes and shall remit the remaining net Invoice amount to the CONTRACTOR. CITY shall not reimburse CONTRACTOR for the amount of such taxes withheld. E. The purchase of equipment, materials, and/or service by the CITY may be exempt from the payment of excise, transportation and sales tax Imposed by the federal, state and/or other city governments. Upon request, applicable federal excise exemption certificates will be furnished to CONTRACTOR. F. Additional costs Including such taxes, surcharges and delivery costs, except those described on Exhibit A4, will not be paid or reimbursed without CITY's prior written approval. G. CITY reserves the right to have CONTRACTOR's records Inspected and audited to ensure compliance with this Contract. At CITY's option or upon CONTRACTOR's written demand, such audit will be performed by an independent third party at CITY's expense. However, If CONTRACTOR Is found to not be complying with this Contract in any way, CONTRACTOR shall reimburse CITY for all costs associated with the audit, along with any discrepancies discovered, within thirty (30) days after completion of the audit. The results of such audit shall be kept confidential by the auditor to the extent allowed by taw and, If conducted by a third party, only CONTRACTOR's failures to abide by the obligations of this Contract shall be reported to CiTY. 4. INVOICING AND PAYMENT A. Payment for Services as specified in the contract shall be processed promptly after performance of Services and after receipt of property prepared Invoice(s). Original Invoices shall be submitted and shall include: purchase agreement number from the Purchase Order, purchase order number, line item number, Order number, part number, complete bill to address, description of Services, quantities, unit price, extended totals, and any applicable taxes or other charges. For payment, Contractor must render original Invoice to the City of Melbourne, Accounts Payable Division, 900 East Strawbridge Avenue, Melbourne, Florida 32901. B. CONTRACTOR shall be responsible for and hold the CITY harmless for any and all payments to CONTRACTOR's vendors or subcontractors utilized in the performance of the Services. C. Discounts for prompt payment will not be considered In bid evaluations, unless otherwise specified. Offered discounts, however, will be taken If payment is made within the discount period. D. Payment is made when CITY's check Is mailed or EDI funds transfer initiated. E. CITY is a local governmental entity subject to the Local Government Prompt Payment Act, §218.70. at seq., Fla. Stat. and payment by CITY shall be made in compliance with said Act Late charges may be assessed subject to said Act but only to the extent set forth in this Contract. F. No payments shall be made in advance of acceptance of services not covered under this Contract norfor Services not acceptable to CITY. G. CONTRACTOR agrees to invoice CITY no later than sixty (60) days after performance of Services. CITY will not be obligated to make payment against any Invoices submitted after such period. H. Payment by the CITY shall be subject to approval and acceptance of Services by CITY. Notwithstanding the foregoing, CITY's payment shall not constitute acceptance. 5. NON -APPROPRIATION — AII funds for payment by CITY under this Contract are subject to the availability of an annual appropriation for this purpose by the Melbourne City Council. In the event of non -appropriation of funds by the Melbourne City Council for the Services provided under this Contract, CITY will terminate this Contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then - current year for the Services covered by this Contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Contract, CONTRACTOR on thirty (30) days prior written notice shall accept cancellation, but failure to give such notice shall be of no effect and CITY shall not be obligated under this Contract Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 2 of 17 gVot243,I� beyond the date of termination. 6. NON -EXCLUSIVITY The right to provide the Services, which will be granted under this Contract, shall not be exclusive. The CITY reserves the right to competitively bid any Services from another provider when It is In the best Interest of CITY. 7. TERMINATION A. CITY may terminate this Contract or any Purchase Order issued, or any part thereof, at any time for Its sole convenience by giving thirty (30) days written notice of termination to CONTRACTOR. B. CITY may terminate this Contract upon written notice to CONTRACTOR in the event CONTRACTOR defaults on any of the terms and conditions of this Contract and such failure continues fora period of fifteen (15) days following notice from CITY specifying the default. C. Notwithstanding the foregoing, CITY may immediately terminate this Contract, without providing CONTRACTOR with notice of default or an opportunity to cure, if CiTY determines that CONTRACTOR has failed to comply with any of the terms and conditions of this Contract related to safety, indemnification or insurance coverage. D. Notwithstanding the foregoing, CITY reserves the right to Immediately terminate this Contract by providing written notice to CONTRACTOR but without an opportunity to cure if CITY determines CONTRACTOR knowingly furnished any statement, representation, warranty or certification in connection with the solicitation of CONTRACTOR's bid or this Contract, which representation was materially false, deceptive, incorrect, or incomplete. E. Notwithstanding the foregoing, CITY reserves the right to Immediately terminate the contract by providing written notice to CONTRACTOR If the State of Florida or the federal government enacts a law, which removes or restricts the authority of CITY to conduct all or part of its function. F. Upon receipt of such notice of termination, CONTRACTOR shall: (1) discontinue the terminated work in accordance with CITY's instructions, (2) thereafter perform only such portion of the work not terminated, (3) not place further orders orenterinto further subcontracts for Services relating to this Contract, and (4) terminate all existing orders and subcontracts insofar as such orders and subcontracts relate to the performance of this Contract. G. There shall be no termination charges for Services not yet provided. The CITY will be responsible for payment of authorized Services already provided by CONTRACTOR but not yet invoiced, provided such Services have been approved by the CITY. Upon payment of CONTRACTOR's claims, the CITY shall be entitled to all work and materials paid for. H. Before assuming any payment obligation under this section, the CITY may Inspect CONTRACTOR's work In process and audit all relevant documents prior to paying CONTRACTOR's Invoice. I. There shall be no charges for termination of orders for Services. Notwithstanding anything to the contrary, CONTRACTOR shall not be compensated in any way for any work done after receipt of CITY's notice, nor for any costs Incurred by CONTRACTOR's suppliers or subcontractors after CONTRACTOR receives the notice, nor for any costs CONTRACTOR could reasonably have avoided. J. Notwithstanding anything else in this Contract, failure to meet the performance date(s) In this Contract shall be considered a material breach of contract and shall allow CITY to terminate the order for the Services and/or any subsequent Orders in the Purchase Order without any liability. 8. FORCE MAJEURE Neither party shall be responsible for Its failure to perform due to causes beyond its reasonable control such as acts of God, fire, theft, war, riot, embargoes, or acts of civil or military authorities. If Services are to be delayed by such contingencies, CONTRACTOR shall immediately notify CITY in writing and CITY may either. (1) extend time of performance; or (11) terminate all or part of the uncompleted portion of the Purchase Order at no cost to CITY. 9. SCHEDULING AND ORDERS A. CONTRACTOR shall promptly perform Services as scheduled or shall promptly notify the CITY if unable to perform any scheduled Services and shall state the reasons. B. CITY may place any portion of an Order on hold by notice which shall take effect Immediately upon receipt. Orders placed on hold will be rescheduled or canceled within a reasonable time. C. CITY shall have no obligation with respect to the purchase of Services under this Contract until such Services are specified in an Issued Purchase Order. D. CONTRACTOR, in performing work under this Contract, shall provide and maintain during the life of this Contract, equipment and staff sufficient In number, condition and capacity to efficiently perform the work and provide the Services required by this Contract. 10. WARRANTY A. CONTRACTOR represents and warrants that all Services provided shall be performed in a workmanlike and competent manner In accordance with the highest professional standards In CONTRACTOR's trade or industry, and shall meet the descriptions and specifications provided on Exhibit Al and the performance standards stated in Exhibit A2. CITY may inspect and test all Items and review Services at reasonable times in such manner as shall not unreasonably hinder or delay CONTRACTOR's performance. All Items and Services shall be received subject to CITY's inspection, testing, approval, and acceptance at CITY's premises notwithstanding any inspection or testing at CONTRACTOR's premises or any prior payment for such Services. Items rejected by CITY as not conforming to this Contract or specifications, whether provided by CITY or fumished with the Item, may be returned to CONTRACTOR at CONTRACTOR's risk and expense and, at CITY's request, shall Immediately be repaired or replaced. B. CONTRACTOR makes the following warranties regarding Items fumished hereunder, which shall survive any delivery, Inspection, acceptance, payment. or resale of the Services and Items: (i) Items will not Infringe any party's Intellectual property rights; (ii) CONTRACTOR has the necessary right, title, and interest to provide said Items to CiTY, and the Items will be free of liens and encumbrances; (u1) Items are new, and of the grade and quality specified; (N) Items are free from defects in workmanship and material, conform to all samples, drawings, descriptions, and specifications fumished or published by CONTRACTOR, and to any other agreed -to specifications; and (v) Items conform to the manufacturing quality provisions set forth in Exhibit A2. C. If CONTRACTOR breaches any of the foregoing warranties, or Items are otherwise non -conforming, during a period of three (3) years after CITY's acceptance of Services, CONTRACTOR shalt, at CITY's option, (i) promptly correct any non -conforming or defective workmanship at no additional cost to the CITY; or (ii) CONTRACTOR shall promptly repair, replace, or refund the amount paid for such Items and Services; and (iii) shall pay to CITY all incidental and consequential damages arising from breach of the foregoing warranties. CONTRACTOR shall bear the cost of shipping and risk of loss of all defective or non- conforming Items while in transit. Notwithstanding the foregoing, the parties agree that the term of the manufacturer's standard warranty shall apply to all manufacturing defects. 11. INDEPENDENT CONTRACTOR In performing Services under this Contract, CONTRACTOR is an independent contractor and Its personnel and other representatives shall not act as nor be agents or employees of the CITY. As an independent contractor, CONTRACTOR will be solely responsible for determining the means and methods for performing the required Services. CONTRACTOR shall have complete charge and responsibility for personnel employed by CONTRACTOR; however, the CITY reserves the Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 3 of 17 ~ 21" right to instruct CONTRACTOR to remove from the CITY's premises Immediately any of CONTRACTOR's personnel who are In breach of Paragraph 17 herein. Such removal shall not relieve CONTRACTOR's obligation to provide Services under this Contract. 12. SECURITY CONTRACTOR confirms that employees of CONTRACTOR performing work at the CITY's facilities have no record of criminal convictions involving drugs, assault or combative behavior, or theft within the last five years. CONTRACTOR understands that such employees may be subject to criminal history investigations by the CITY at the CITY's expense and may be denied access to the CITY's facilities if any such criminal convictions are discovered. 13. OWNERSHIP AND BAILMENT RESPONSIBILITIES A. Any specifications, drawings, schematics, technical Information, data, tools, dies, patterns, masks, gauges, computers, test equipment, and other materials famished or paid for by CITY shall: (i) remain or become the CITY's property; (11) be used by CONTRACTOR exclusively for CIiY's orders; (111) be clearly marked as CITY's property and segregated when not in use; (iv) be kept In good working condition at CONTRACTOR's expense; and (v) be shipped to CITY promptly on demand. B. CONTRACTOR shall Insure CITY's personal property and be liable for toss or damage while in CONTRACTOR's possession or control, ordinary wear and tear excepted. 14. ASSIGNMENT OF INTELLECTUAL PROPERTY CONTRACTOR hereby assigns to CITY all right, title, and interest to all Intellectual property created by the CONTRACTOR arising out of orutilized by the CONTRACTOR in the performance of this Contract and the ownership of the Intellectual property shall be vested solely to the CiTY. In respect to copyrights, this assignment shall be effective for the entire duration of the copyrights and shall Include, but not be limited to, all rights to derivative works. The CONTRACTOR waives all rights of attribution and integrity for specific works created by CONTRACTOR under this Contract. 15. INTELLECTUAL PROPERTY INDEMNIFICATION CONTRACTOR shall defend, Indemnify, and hold CITY and its employees, officers, agents, representatives, and subcontractors harmless from any costs, expenses (including reasonable attorneys' fees), tosses, damages, or liabilities Incurred because of actual or alleged infringement of any patent, copyright, trade secret, trademark, maskwork, or other intellectual property right, arising out of the use or sale of items or CONTRACTOR's Services. If an Injunction Issues as a result of any such claim or action, CONTRACTOR agrees at CONTRACTOR's expense and CITY's option to either: (1) procure the right to continue using Items; (11) replace them with non -infringing Items; (lit) modify them so they become non - infringing; or (iv) refund to the CITY the amount paid for any Items returned to CONTRACTOR or for any Item destroyed and for Services connected therewith. 16. GENERAL INDEMNIFICATION CONTRACTOR shall, to the fullest extent permitted by law, protect, defend, indemnify, and hold CITY and Its employees, officers, agents, representatives, and subcontractors harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments, and the associated costs and expenses (including attorney's fees), which may hereafter Incur, become responsible for, or pay out as a result of: death or personal Injury (including bodily Injury) to any person, destruction or damage to any property, contamination of or adverse effects on the environment, and any clean up costs in connection therewith, or any violation of law, governmental regulation or orders, to the extent caused by (1) CONTRACTOR's breach of any term or provision of this Contract; (li) any negligent or willful acts, errors, or omissions by CONTRACTOR, Its employees, officers, agents, representatives, or subcontractors in the performance of this Contract; or (IIi) dangerous defects In Items. in agreeing to this paragraph the CITY does not Intend to alter, extend or waive any defense of sovereign immunity to which It may be entitled under the Florida Constitution, §768.28. Fla. Stat. or otherwise provided. 17. COMPLIANCE WITH LAWS A. CONTRACTOR shall comply with all national, state, and local laws and regulations governing the manufacture, transportation, and/or sale of items and/or the performance of services in the course of this Contract. Lack of knowledge by CONTRACTOR shall in no way be cause for relief from responsibility. These may Include, but are not limited to, Department of Commerce, Environmental Protection Agency, and Department of Transportation regulations applicable to Hazardous Materials and all immigration, employment and labor laws governing CONTRACTOR's personnel providing Services to the CITY. 8. CONTRACTOR represents and warrants that it is in compliance with Equal Employment Opportunity regulations, unless exempted or inapplicable. C. CONTRACTOR represents and warrants that the Items supplied and Services provided to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended. Upon request of CITY, CONTRACTOR shall provide copies of CONTRACTOR's OSHA 300 safety logs (summaries only) and the safety logs (summaries only) of CONTRACTOR's subcontractors for the past twenty-four (24) months. D. CITY actively supports the Immigration and Nationality Act (iNA), which Includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States. The employer must verify the identity and employment eligibility of anyone to be hired, which Includes completing the Employment Eligibility Verification Form (1-9). CONTRACTOR shall establish appropriate procedures and controls so no services or products under this Contract will be performed or manufactured by any worker who Is not legally eligible to perform such services or employment. CONTRACTOR shall register with the E-Verify system operated by the United States Department of Homeland Security and shall verify through the E-Verify system the employment eligibility of persons providing labor, supplies or services in exchange for salary, wages or other remuneration as required by §448.095, Fla. Stat. Notwithstanding anything to the contrary In this Contract, the CITY reserves the right to terminate this Contract in accordance with §448.095, Fla. Stet. E. Public Entity Crimes Statement. CONTRACTOR represents and warrants that is not listed on the State of Florida's convicted vendor listing established under the provisions of §287.133, Fla. Stat., whereby the State of Florida maintains a convicted vendor listing which excludes those listed suppliers from bid submittal for a period of thirty-six (36) months. CONTRACTOR acknowledges the continuous duty to disclose to the CiTY if CONTRACTOR or any of Its affiliates are placed on the convicted vendor list. F. CONTRACTOR shall maintain, for the duration of this Contract, all valid licenses and certificates required for the performance of work and Services and provision of Items. G. Scrutinized Companies. Subject to Odebrecht Construction, Inc., v. Presed and Odebrecht Construction, inc., v. Secretary, Florida Department of Transportation and their progeny, as applicable, CONTRACTOR certifies that it (a) has not been placed on the Scrutinized Companies that Boycott Israel List, nor Is engaged In a boycott of Israel; (b) has not been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List: and ® has not been engaged In business operations In Cuba or Syria In violation of §287.135, Fla. Stat. If the CITY determines that CONTRACTOR has falsely certified facts under this sub -paragraph or if CONTRACTOR is found to have been placed on the Scrutinized Companies Lists or is engaged in a boycott of Israel after execution of this Contract. CITY will have all rights and remedies to terminate this Contract Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 4 of 17 96W ?9* consistent §287.135, Fla. $tat. CITY reserves all rights to waive certifications required by this paragraph on a case -by -case exception basis pursuant to §287.135, Fla. Stat.. H. Foreign Gifts and Contracts. CONTRACTOR must comply with any applicable disclosure requirements In §286.101, Fla. Stat. I. Foreign Country of Concern. CONTRACTOR represents and warrants that It is not an entity that gives or will give access to an Individual's personal Identifying Information in violation of §287.138, Fla. Stat. J. Environmental and Social Goverment and Corporate Activism. Pursuant to §287.05701, Fla. Stat., CITY cannot give preference to a vendor based on social, political or ideologic Interests as set forth therein. Violations of this restriction will result in termination of this Contract and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. K. CONTRACTOR agrees to abide by all of CITY's rules and regulations while on CiTY's premises or performing Services Including, but not limited to, safety, health and Hazardous Material management rules, and rules prohibiting misconduct on CITY's premises such as use of physical aggression against persons or property, harassment, and theft. CONTRACTOR will perform only those Services identified on Exhibit Al and will work only in areas designated for such Services. CONTRACTOR shall take all reasonable precautions to ensure safe working procedures and conditions for performance on CITY's premises and shall keep CITY's site neat and free from debris. L. Failure to comply with this Paragraph shall be considered a breach of contract. 18. RETENTION AND AUDIT A. C. FBI CONTRACTOR understands and agrees that CITY is a public entity subject to the Florida Public Records Law and, as such, CONTRACTOR agrees to retain public records, and upon request by CITY provide to CITY those public records requested, which retention and access shall be pursuant to Chapter 119, Fla. Slat.. The CITY reserves the right to audit the records of CONTRACTOR for the Services and Items provided under this Contract at any time during the performance and term of this Contract and for a period of five (5) years after completion and acceptance by CITY. If required by CITY, CONTRACTOR agrees to submit to an audit by an independent certified public accountant selected by CITY. CONTRACTOR shall allow CITY to Inspect, examine and review the records of CONTRACTOR in relation to this Contract at any and all times during normal business hours during the term of this Contract. Records relating to the performance of this Contract shall be made available to CITY for audit upon reasonable notice. A request to inspect or copy public records relating to this Contract for Services must be made directly to the CITY and CONTRACTOR shall not release a public record In response to a request arising from anyone other than the CITY. To the extent CONTRACTOR is 'acting on behalf of the CITY" CONTRACTOR shall be subject to the following provisions: li) As required by §119.0701. Fla. Stat., CONTRACTOR shall (1) Keep and maintain public records required by the CiTY to perform the Services. (2) Upon request from the CITY, provide the City with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. (3) Ensure that public records are exempt or confidential and exempt from public records disclosure requirements that are not disclosed except as authorized by law for the duration of the Contract and following completion of the Contract If the CONTRACTOR does not transfer the records to the CITY. (4) Upon completion of the Contract, transfer, at no cost, to the CITY all public records In possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the Service. If the CONTRACTOR transfers all public records to the CITY upon completion of the Contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the C17Y's custodian of public records, in a format that Is compatible with the information technology systems of the CITY. (a) The CONTRACTOR who fails to produce the public records as required by §119.0701, Fla. Stat- may be subject to penalties pursuant to §119.10, Fla. Slat. and civil action pursuant to §119.0701(4) and such failure to produce shall be considered a material breach of this Contract by CONTRACTOR. In the event of such breach, In addition to all other remedies available, CONTRACTOR shall pay to CITY all incidental and consequential damages arising from such breach, Including atlomeys' fees and costs Incurred by the CITY in defending a public records action as well as those assessed against the CITY In such public records action. (III) The term "public record' as used in this section Includes all documents, papers, letters. maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical forth, characteristics or means of transmission, made or received pursuant to law or ordinance and in connectionwith thetransaction ofofficial businessby oron behalf of the CITY. Guidance as to whether something is a 'public record; whether the public record is confidential or exempt, and the applicability or Implementation of the provisions of Florida public records law, may be sought from the CITY's City Attorney's Office or the City Clerk's Office; provided that the CONTRACTOR hereby agrees that neither the City Attorney's Office nor the City Clerk's Office is providing legal crother advice to be relied upon by CONTRACTOR. 19. MERGER, MODIFICATION, WAIVER, AND REMEDIES A. This Contract contains the entire understanding between the CITY and CONTRACTOR with respect to the subject matter hereof and merges and supersedes all prior and contemporaneous agreements, dealings and negotiations. No modification, alteration, or amendment shall be effective unless made in writing, dated and signed by duly authorized representatives of both parties. Any additional or di ferent terms In CONTRACTOR'S documents are deemed to be material alterations and notice of objection to and rejection of them is hereby given. B. CONTRACTOR shall not substitute the Items. C. In the event of any conflict between or among this Contract or any ambiguity or missing specifications or instruction, the following priority Is established: • First, the 'Supplemental Provisions* set forth as Exhibit B to the Contract; • Second, the 'Federal Provisions" set forth as Exhibit C to the Contract; • Third, these 'Standard Terms and Conditions of Purchase Agreement — Services" incorporated by reference into the Contract. • Fourth, CITY's Invitation to Bid or CITY's Request for Proposal, as the case may be, with supporting addenda and CONTRACTOR's bid but only to the extent responsive to CITY's request, collectiveiy set forth as Exhibit D to the Contract. D. No waiver of any breach hereof shall be held to be a waiverof any other or subsequent breach. E. CITY's rights and remedies heroin are In addition to any other rights and remedies provided by law or In equity. F. If any provision of this Contract is determined by a court of competent jurisdiction to be invalid. Illegal, or unenforceable, such determination shall not affect the validity of the remaining provisions unless CITY determines In its discretion that the court's determination causes this Contract to fail In any of its essential purposes. G. Notwithstanding anything else contained in this Contract, CITY and CONTRACTOR specifically agree that failure to perform certain obligations undertaken In connection with this Contract would cause Irreparable damage. and that monetary damages Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 5 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. q�prllf2pg would not provide an adequate remedy In such event. The parties further agree that CONTRACTOR's fallure to complete performance of the Services called for In this Contract or on any project Ordered under this Contract, or failure to perform or effect performance of Services as contracted are such certain obligations. Accordingly, it is agreed that, in addition to any other remedy to which the non -breaching party may be entitled, at law or in equity, the non -breaching party shall be entitled to an order of specific performance to compel performance of such obligations. 20. DISPUTES In case of dispute arising under this Contract between the parties, the decision of the CITY of Melbourne shall be final and binding of both parties. 21. ASSIGNMENT; SUBCONTRACTORS CONTRACTOR may neither assign nor factor any rights in nor delegate any obligations under this Contract or any portron thereof without the written consentof the CITY. CITY may cancel this Contract forcause should CONTRACTOR attempt to make an unauthorized assignment of any right or obligation arising hereunder. This Contract may be amended only In writing signed by CONTRACTOR and CITY and subject to with the same degree of formality evidenced in this Contract. Nothing contained in this Contract will be construed as establishing any contractual relationship between CITY and any subcontractor of CONTRACTOR. CONTRACTOR will be fully responsible to CITY for the acts and omissions of the CONTRACTOR's subcontractor(s) and their employees. When subcontracting is allowed, any changes In subcontractors shall require prior written approval by the CITY. 22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES CITY encourages and agrees to CONTRACTOR extending the pricing, terms and conditions of this Contract to other governmental entities at the discretion of CONTRACTOR. 23. APPLICABLE LAW This Contract is to be construed and Interpreted according to the laws of the State of Florida and all legal proceedings regarding this Contract shall be fled In Brevard County, Florida. 24. HEADINGS The headings provided In this Contract are for convenience only and shall not be used in interpreting or construing this Contract. 25. SURVIVAL The provisions of Paragraphs 1 (Definitions), 10 (Warranty), 13 (Ownership and Bailment), 14 (Assignment of Intellectual Property), 15 (Intellectual Property Indemnification), 16 (General Indemnification), 18 (Retention and Audit), 19 (Merger, Modification, Waiver and Remedies), 20 (Disputes), 23 (Applicable Law), 24 (Headings), and 25 (Survival), and, as applicable, Exhibit Al (Product Description and Statement of Work), Exhibit A2 (Performance Standards), Exhibit A3 (Maintenance Agreement except for Technical Support which expires or terminates), Exhibit C (Federal Compliance Provisions), all of which will survive any termination or expiration of this Contract. 26. TIME Time is of the essence in the performance of this Contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AS FOLLOWS: City Clerk 900 East Strawbridge Avenue Melbourne, Florida 32901 Telephone: 321-608-7220 Email: onCitv.Clerk DMLBFL.org THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 6 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 94#40--w EXHIBIT Al STATEMENT OF WORK Awarded BIDDER (hereinafter referred to as the "CONTRACTOR") shall furnish and deliver all Services (and Items incidental thereto) set forth herein, in compliance with the Performance Standards/Quality Requirements of Exhibit A2. GENERAL_ DESCRIPTION CONTRACTOR shall furnish all labor, materials, equipment, supervision and transportation necessary for as needed concrete restoration. 11. GENERAL A. CONTRACTOR shall have full and direct responsibility for the performance and completion of work under the awarded contract and for any act or neglect of the CONTRACTOR, his agents and employees. He/She shall bear all losses, if any, resulting on account of the amount and character of the work, or because the conditions under which the work must be done are different from what were estimated or anticipated by him/her, or because of weather, floods, elements or other causes. B. CONTRACTOR must have sufficient manpower and equipment to be able to respond as outlined in these bid specifications. The unit price shall include maintenance of traffic (MOT) as required by all City, County and Florida Department of Transportation (FDOT) regulations. If MOT Is not correctly set up, City shall have the right to stop work until MOT is correct. This will be done at no additional cost to the CITY. C. CONTRACTOR must have proprietary rights to a Volumetric Mobile Concrete Mixer Truck that carries a minimum truck size load capacity of 9 cubic yards and allocated materials on site, i.e. cement, water, sand, stone, and fiber mix etc. to ensure a 9 cubic yard load and timely response for standard and/or emergency operations. D. CONTRACTOR shall provide the CITY verification of concrete strength under special consideration or event for any project completed under this contract. E. CONTRACTOR hereby agrees to complete assigned work orders within two (2) weeks for sidewalks and curbing, and one (1) week to complete driveways and aprons, subject to such extensions of time are provided by general and special conditions. Failure to complete assigned work orders in a timely manner may result in the termination of the purchase order/contract. F. CONTRACTOR shall fully comply with all local, State, and Federal laws, including all codes, ordinance and regulations applicable to this contract and work to be done thereunder, which exist or which may be enacted later by governmental bodies having jurisdiction or authority for such enactment. G. During performance and up until the date of final acceptance, the CONTRACTOR shall be under the absolute obligation to protect the finished work against any damage. In the event such damage, the CONTRACTOR shall promptly replace or repair such work, whichever the City shall determine to be preferable. All risk of loss or damage to the work shall be bome solely by the CONTRACTOR until final completion and acceptance of all work by the City. H. CONTRACTOR shall be responsible to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect persons and property while said persons or property are approaching or leaving the work site or any area adjacent to the said work site. No separate/additional compensation shall be paid to the CONTRACTOR for the Installation or maintenance of any warning devices, barricades, lights, signs and other precautionary measure required by law. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 7 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. ~4 I. Work under the awarded contract includes the CONTRACTOR being responsible for removing all form work and cleanup of the work area, including backfill and compaction to the satisfaction of the CITY. J. CONTRACTOR shall provide and maintain during the life of the awarded contract, equipment sufficient in number, condition and capacity to efficlently perform the work required by the awarded contract. All company vehicles must be maintained in good repair, appearance, and sanitary condition at all times. The CITY reserves the right to inspect the CONTRACTOR'S equipment at any time to ascertain said condition. K. CONTRACTOR must provide a company asset list including pictures of Volumetric Mobile Mixer Truck(s), Vehicle Identification Number(s) and License Plate Numbers at time of bid submittal. Vehicles shall be marked with the Company logo and the logo shall contain the company name and contact number. Logo shall be readable and visible to the public. L. CONTRACTOR employees should be neat in appearance, be Identifiable as company employees and wear appropriate safety gear at all times. M. The CITY may terminate contract if CONTRACTOR persistently fails to perform the work In accordance with the contract documents including but not limited to failure to supply sufficient skilled workers, suitable materials, and equipment or otherwise violates in any substantial way any provisions of the contract documents. The CITY shall have the right to terminate said agreement by giving the CONTRACTOR ten (10) days written notice and terminate the services of the CONTRACTOR from the site and take possession of the work. The CITY will determine in its sole judgment what constitutes a satisfactory level of service. N. CONTRACTOR shall coordinate with business/property owner(s) prior to beginning of any work that requires closing or replacing driveways. III. SCOPE OF WORK A. Concrete sidewalk a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall grind roots to the depth required (4", 6" or 8" deep as required) so the raw earth is completely level prior to the pouring of concrete. c. CONTRACTOR shall set forms to finish grade. d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4", 6"or 8" thick as required). e. CONTRACTOR shall finish to match existing sidewalk, including fill as necessary. f. CITY shall provide CONTRACTOR the truncated dome detectable warning mats for installation by CONTRACTOR. Installation of detectable warning mats shall be in accordance with Section 527-3 of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2010 and Index 304 of the FDOT Design Standards, 2008. (Or latest version.) B. Concrete curb (Miami and "F") a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall set forms to finish grade. c. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete. d. CONTRACTOR shall finish to match existing curbing, including fill as necessary. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 8 of 17 City of Melbourne & Palm Bay Concrete 8 Materials, Inc. 1 OVIPM C. Concrete driveway a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall grind roots to the depth required (4", 6° or 8° deep as required) so the raw earth is completely level prior to the pouring of concrete. c. CONTRACTOR shall set forms to finish grade. d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4" or 6° thick as required.) e. CONTRACTOR shall finish to match existing driveway, including fill as necessary. CONTRACTOR shall finish to match existing concrete retaining wall, including fill as necessary. D. Unclassified Excavations Unclassified excavations is defined as any material required to be removed prior to the concrete work commencing at a location. This may include, but is not limited to dirt, sand, rock and lime rock. E. Forms Forms shall be set to finished grade and line shall be securely staked to prevent displacement during placing of concrete. Forms may be set off from the original line to provide room for existing trees as directed by the CITY. There will be no additional charge for changing original line of sidewalk. Subgrade and forms shall be thoroughly watered Immediately prior to placing of concrete. After forms are pulled, a clean top soil shall be used as a backfill. All excavated areas and voids adjacent to concrete work shall be completely backfilled and compacted as needed to prevent cracking or settling of new concrete. No additional payment will be made for this work. IV. SITE REQUIREMENTS A. Work Site a. Utility Locates: CONTRACTOR shall be required to have all utilities located at least forty-eight (48) hours prior to the start of any work. It is the responsibility of the CONTRACTOR to ensure the proper utility is notified as soon as any utility is cut or damaged. b. The CITY marks the saw cut and excavation limit on each repair site. All concrete shall be saw cut along neat lines prior to removal. Any pavement that is chipped or broken outside the saw cuts due to CONTRACTOR error will be repaired at the CONTRACTOR expense. c. CONTRACTOR shall excavate earth in excess of that required for back filling shall be removed from the job site and disposed of in a satisfactory manner except in locations where, in the judgment of the CITY and property owner, it can be neatly spread over the adjacent area. No stock piling of material in the street will be allowed after work hours. d. CONTRACTOR shall establish positive drainage during the initial phase of grading and maintained throughout construction. The CONTRACTOR will determine grading by use of an instrument as requested by the CITY. Any completed areas within the project that do not have positive drainage will be removed and corrected at the CONTRACTOR'S expense. e. CONTRACTOR shall remove all trees, stumps, brush and other debris or deleterious material generated as part of this work. Proper disposal of these items is the sole responsibility of the CONTRACTOR. Disposal must be completed upon job completion. f. CONTRACTOR shall protect trees that are to remain free from damage. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 9 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 1(ApWRA g. Inspections will be performed by the CITY upon receipt of invoice to be paid for each location. Any discrepancies will be noted and forwarded to the CONTRACTOR within five (5) days of that Inspection. If the work is accepted, the invoices shall be processed. h. CONTRACTOR shall ensure all debris, Including but not limited to, broken concrete, roots, other vegetation, wood chips and general rubble shall be completely removed from the site and disposed of by the CONTRACTOR daily. If stockpiling of debris occurs, the CITY will remove the debris and deduct the cost from CONTRACTOR'S payments. i. No material which has been used for any temporary purpose, is to be incorporated in the permanent structure without written consent from the CITY. B. Clean -Up CONTRACTOR shall remove all stakes, excess concrete spills, rubble, debris and other undesirable material from the site. The entire work site shall be completely free of foreign material, caused by the CONTRACTOR'S activity, and shall be entirely restored to its original condition or better. C. Traffic Control a. CONTRACTOR shall provide warning signs, barricades, channeling devices, and flagmen as needed to provide for the safety of the traveling public. Traffic control may include, but is not limited to, lane closures, detours, and road closings. A traffic control plan in conformance with the latest version of the Florida Department of Transportation's (FDOT) Manual of Uniform Traffic Control Devices (MUTCD) must be submitted for each separate street where work will be performed as deemed necessary by CITY. Free- hand drawings will not be accepted. b. CONTRACTOR shall ensure that each person whose actions affect temporary traffic control zone safety, from upper level management through field personnel, has received training appropriate to the job decisions each individual is required to make concerning traffic control. c. CONTRACTOR shall ensure all sidewalk repairs will have Type 1 barricades with "Sidewalk Closed" signs at the beginning and end of each excavation site. d. CONTRACTOR shall ensure that no street shall be closed without written approval from the CITY. CONTRACTOR shall ensure all construction signing shall be reflective and "like new" in appearance. The CITY may require that the signs be replaced which do not meet these requirements. f. CONTRACTOR shall ensure construction signing shall not be removed from work zone until approved by the CITY. D. Temporary Construction Water Meter CONTRACTOR shall make arrangements with Meter Services for a temporary water meter. CONTRACTOR is responsible for paying temporary meter deposit and all water required for this project. E. Concrete Mix CONTRACTOR shall provide the CITY verification of concrete strength under special consideration or event for any project completed under this contract. Concrete used for each project under this contract shall be a minimum 3,000 psi, fiber -reinforced concrete. F. Equipment Left on Jobsite CONTRACTOR shall ensure all equipment left on jobsite overnight shall be located within the lane closure and safely barricaded. If the lane closure is not large enough to safety accommodate the equipment, it will not be allowed to be left in the street. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 10 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. i OpAW ggg4 G. Handicap Ramps CONTRACTOR shall construct ramps In accordance with the FDOT Roadway and Traffic Design Standards and the Florida Accessibility Code for Building Construction, most current edition. Placement of ramps shall be coordinated with the City. H. Stampina CONTRACTOR shall ensure areas of pavement and median pavement for this project will receive a stamped and patterned surface with coloring in accordance with local, state and federal requirements. This includes their requirements for expansion joints, joint filler board, welded wire fabric and concrete mix. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 11 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. I OAW 2024 EXHIBIT A4 PRICING SCHEDULE CONTRACTOR shall provide all Services (and Items incidental thereto) and work set forth in this Contract for the cost stated below. Price to Include all gradinglexcavating aspects, site preparation, leveling, fill work, and all labor and material. ESTIMATED EXTENDED ITEM DESCRIPTION ANNUAL UOM UNIT PRICE # QUANTITY PRICE Cubic 1 3000 PSI concrete, Including 500 $202.68 $101,340.00 fiber mix Yard 2 Sidewalk, 4"— remove, form 1350 Square $10.79 $14,566.50 and pour Foot 3 Sidewalk, 4" —form and pour 4000 Square $8.08 $32,320.00 Foot 4 Curb, Miami — remove, form 150 Linear $49.91 $7,486.50 and pour Foot 5 Curb, Miami — form and pour 400 Linear $47.21 $18,884.00 Foot 6 Curb, "F" — remove, form and 100 Linear Foot $49.91 $4,991.00 pour 7 Curb, "F" — form and pour 200 Linear $47.21 $9,442.00 Foot 8 Driveway, 4" — remove, form 250 Square Foot $10.79 $2,697.60 and pour 9 Driveway, 4" — form and pour 600 Square $8.08 $4,848.00 Foot 10 Driveway, 6" — remove, form 1750 Square $11.46 $20,055.00 and pour Foot 11 Driveway, 6" —form and pour 2000 Square $8.78 $17,560.00 Foot 12 Sidewalk, 6" — remove, form 75 Square $11.46 $859.50 and pour Foot 13 Sidewalk, 6"— form and pour 300 Square $8 78 $2.634.00 Foot 14 Sidewalk, 8"— remove, form 75 Square $12.13 $909.75 and pour Foot 15 Sidewalk, 8" — form and pour 3Q0 Square Foot $9.43 $2,829.00 16 Unclassified excavation, curb 100 Linear $4.05 $405.00 Foot Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 12 of i7 City of Melbourne 8 Palm Bay Concrete & Materials, Inc. I ~ 17 Unclassified300 excavation, Square $4.05 $1,215.00 sidewalk Foot 18 Unclassified400 excavation, Square $4.05 $1,620.00 driveway Foot 19 Root Grinding 50 Square $1 35 $67.50 Foot BID TOTAL Items 1 thru $244,730.25 1 1 The City of Melbourne reserves the right to award this bid to a primary Contractor and a secondary Contractor If in the best interest of the City. If so awarded, the total scope of work will be given to the primary Contractor. City of Melbourne shall use the services of the secondary Contractor only when the primary Contractor cannot provide service to area(s) within a reasonable period of time (as determined by City of Melbourne Public works and Utilities Director.) Will Bidder be willing to serve as Secondary CONTRACTOR if not selected as Primary CONTRACTOR? 0 Yes ❑ No Optional pricing below is ancillary and will not be used as a basis of award. ITEM DESCRIPTION ESTIMATED UOM UNIT PRICE EXTENDED ANNUAL PRICE QUANTITY Installation of detectable warning mat (the truncated dome detectable warning mats will be provided by the Square 20 CITY and to be Installed by 1 Foot CONTRACTOR) 11 Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 13 of 17 EXHIBIT B SUPPLEMENTAL PROVISIONS 1. Bid. This Contract is awarded based on CONTRACTOR's Bid responding to CITY's ITB. CONTRACTOR represents and warrants that all information and representations contained in the Bid is truthful to the best of CONTRACTOR's knowledge and belief and CONTRACTOR hereby restates and affirms all representations contained in the Bid. 2. Performance Bonds. No performance bonds or payment bonds are required by this Contract. 3. Notice to Parties A. Notice to the City regarding terms and conditions of the Contract and changes in address/addressee shall be directed to the City Procurement Contact as identified on the cover page of this Contract. Notice and communication with the City regarding the Services shall be directed to the City Department Contact as Identified on the cover page of this Contract. inquiries regarding payment to CITY shall be directed to City of Melbourne, Accounts Receivable, 900 East Strawbridge Avenue, Melbourne, Florida 32901. B. Notice and communication and changes in address/addressee to the CONTRACTOR shall be directed to the CONTRACTOR Contact as identified on the cover page of this Contract. C. Notice of default or notice of termination of this Contract shall be made In writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requested and shall be addressed as follows: If to the CITY Procurement Manager Procurement Division City of Melbourne 900 East Strawbridge Avenue Melbourne, Florida 32901 If to CONTRACTOR: Palm Bay Concrete & Materials Inc. 102 E. New Haven #114 Melbourne, FL 32901 A party may unilaterally change its address or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices and other pertinent correspondence shall be addressed and transmitted to the new address. 4. Insurance Reauirements A. Commercial General Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Commercial General Liability Insurance with a limit of not less than $1,000,000 per occurrence/aggregate and a deductible amount of not more than $10,000 per claim. The Commercial General Liability Insurance Policy shall be endorsed to list the CITY of Melbourne as an Additional Insured, be written on an occurrence basis, not claims made, and be issued by an insurance company licensed to do business in the State of Florida with an A.M. Best's rating of A or higher. Other specific policy endorsements may be required by the Contract, depending upon the type and scope of work to be performed. The CONTRACTOR shall require each Subcontractor to maintain Subcontractor's Commercial General Liability Insurance coverage with insurance company licensed in the State of Florida Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 14 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. I (PW?4 in amounts satisfactory to the CONTRACTOR or insure the activities of the Subcontractors in CONTRACTOR's own policy. B. Business Automobile Liability Insurance. CONTRACTOR shall maintain In force for the duration of the contracted period Business Automobile Liability Insurance with a limit not less than $1,000,000 each accident for all owned, non -owned and hired automobiles. In the event the CONTRACTOR does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the CONTRACTOR to maintain only Hired & Non -Owned Auto Liability Insurance. C. Workers Compensation & Employer's Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Florida Workers Compensation Insurance at Statutory limits and Employers Liability Insurance with limits of at least $500,000 each accident, $500,000 each disease/employee and $500,000 per disease/policy limit. CONTRACTOR shall require their Subcontractor(s) similarly to provide Worker's Compensation Insurance for all of the latter's employees engaged in such work unless such employees are covered by the protection afforded by the CONTRACTOR's Worker's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract Is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each Subcontractor to provide adequate Insurance for the protection of employees not otherwise protected. D. Proof of Insurance. CONTRACTOR shall submit proof of the required insurance to CITY in the form of Certificates of Insurance. Such certificates shall clearly show the insurance coverage required by the Contract. In the case of Commercial General Liability Insurance, a copy of the Additional Insured Endorsement page issued by the underwriting insurance company showing that the CITY of Melbourne has been listed as an Additional Insured on the policy shall accompany the Certificate of Insurance. E. All coverage for CONTRACTOR's subcontractors shall be subject to all of the requirements stated herein. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 15 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 10'° t EXHIBIT D1 INVITATION TO BID On file in Procurement Division Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 16 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc, i OARS 4W EXHIBIT D3 CONTRACTOR'S RESPONSIVE BID On file in Procurement Division Concrete Curb, Sidewalk, driveway, Restoration and Unclassified Excavations Page 17 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 10"10-0 PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND PALM BAY CONCRETE & MATERIALS INC. THIS AGREEMENT made and entered into this 81h day of May, 2024, by and between the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 a Florida municipal corporation (CITY) and Palm Bay Concrete & Materials, Inc. (FEIN: 81-3470681) located at 4000 Adams Lane, Malabar, FL 32950, (VENDOR), (PARTIES); WHEREAS, the City of Melbourne has previously entered into a contract with VENDOR to provide Concrete Curb, Sidewalk, Driveway, Restoration, and Unclassified Excavations (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with VENDOR under the same terms and applicable conditions as that prior agreement entered into by the City of Melbourne to provide Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations and other related tasks as may be assigned by the CITY; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter- governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS, the City of Sebastian has determined that in this circumstance, piggybacking onto a contract entered into by the City of Melbourne is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: 1. TERM The initial term shall be from April 1, 2024 until March 31, 2025 with five (5) 12-month renewal options. The contract may be renewed by agreement of the parties in writing under the condition the City of Melbourne executes their renewal option. 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into 110 of 138 between the City of Melbourne and VENDOR referenced above will be applicable to this agreement unless specified herein. 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: VENDOR: Craig Wilson, President Palm Bay Concrete & Materials, Inc. 102 E New Have Ave # 114 Melbourne, FL 32901 !�iZiT•�� CITY: Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JEANETTE WILLIAMS, MMC, CITY CLERK 1225 MAIN ST SEBASTIAN, FL 32958 (772) 388-8215 JWILLIAMS(aD,CITYOFSEBASTIAN.O RG Vendor agrees to comply with public records laws, specifically to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor F) 111 of 138 transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 112 of 138 IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. ATTEST: PALM BAY CONCRETE & MATERIALS, INC. Craig Wilson, President Date: ATTEST: CITY OF SEBASTIAN, FL Jeanette Williams, MMC Brian Benton, City Manager City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. Jennifer D. Cockcroft, Esq. City Attorney 4 Date: 113 of 138 EXHIBIT A CITY OF MELBOURNE AGREEMENT WITH PALM BAY CONCRETE & MATERIALS, INC. 114 of 138 City of Melbourne The Harbor City _ Procurement Division a 900 E. Strawbridge Avenue • Melbourne, Florida 32901 • (321) 608-7062 • Fax (321) 608-7070 PURCHASE AGREEMENT FOR SERVICES Concrete Curb, Sidewalk. Driveway. Restoration and Unclassified Excavations This PURCHASE AGREEMENT FOR SERVICES — Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations (this "Contract") is entered into by and between the City of Melbourne, Florida, hereinafter referred to as the CITY, and Palm Bay Concrete & Materials Inc., a Florida Limited Liability Company, whose mailing address is 102 E. New Haven Ave #114, Melbourne, FL 32901 hereinafter referred to as the PRIMARY CONTRACTOR. CITY PROCUREMENT CONTACT Procurement Division Deena MacDavitt, Senior Buyer 900 E. Strawbridge Ave, Melbourne, FL 32901 deena.macdavitt(cbmlbfl.orq P: 321-608-7063 / F:321-608-7070 CITY DEPARTMENT CONTACT: Public Works and Utilities Department Nicholas Coster, Utility Operations Assistant Superintendent City of Melbourne 2895 Harper Road, Melbourne, FL 32904 nicholas.coster(MLBFL.orq P: 321-608-5100 / F:321-608-5105 CONTRACTOR CONTACT: Palm Bay Concrete & Materials Inc. Craig Wilson - President 102 E. New Haven Ave #114, Melbourne, FL 32901 palmbayconcrete@gmail.com P: 321-408-1808 This Contract consists of the following documents: (Mark "X" where applicable) Exhibit A: Standard Terms and Conditions of Purchase Agreement — Services (Sid Version 08/23/23) ® Exhibit Al. Statement of Work ® Exhibit A2. Performance Standards ❑ Exhibit A3. Maintenance Agreement Exhibit A4. Pricing Schedule (I Exhibit B: Supplemental Provisions ❑ Exhibit C: Federal Compliance Provisions Exhibit D: Bid Specifications Exhibit D1: Invitation to Bid # ITB-B24005D-0-2024/DM, as modified by addenda (the "ITB") ❑ Exhibit D2: Request for Proposal # RFP , as modified by addenda (the "RFP") 0 Exhibit D3: CONTRACTOR's Responsive Bid dated January 18. 2024, but only to the extent responsive to CITY's ITB or RFP, as the case may be (the "Bid") CITY may purchase and CONTRACTOR shall sell the Services (and Items incidental thereto) as described in Exhibit Al at prices specified in Exhibit A4, in accordance with the terms and conditions of this Contract and the documents marked above as Exhibits, all incorporated herein by reference. This Contract commences on April 1, 2024 (the "Commencement Date"), subject to the Effective Date. This Contract expires on March 31. 2025 (the "Expiration Date") and is ❑ not renewable ❑O is renewable for up to five (5) one-year additional terms CITY: CONTRACTOR: CITY OF MELBOURNE, a Florid�mu pal corporation Jenni L mb, City Magla Date ATTEST: ////((�// Citv Use Only Initial Method of Procurement (mark): ❑ITB # J97,406g"t °Z Y ❑RFP # ❑Exception: PALM BAY CONCRETE & MATERIALS INC. a Flor' a Corporation Signature t / Q7/Date Name: Title:S�/��� Commencement Date: " Note: But effective no earlier than last of the parties to oxowh Expiration Date: Renewal: [—]No [3Yes: terms Council Approval Date: 1 /.t•, ❑Not AIpli 2 e�q Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 1 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 11 S OWT9q Std Version 8012023 Services EXHIBIT A STANDARD TERMS AND CONDITIONS OF PURCHASE AGREEMENT - SERVICES 1. DEFINITIONS A. "Item(s)" means any goods or Items, including Intellectual property, provided by CONTRACTOR Incidental to the Services. 8. "Hazardous Materials' are or contain dangerous goods, chemicals, contaminants, substances, pollutants, or any other materials that are defined as hazardous by relevant local, state, national, or international law, regulations, and standards. C. 'Purchase Order" Is CITY's document setting forth specific Services to be rendered and Order Information. D. 'Order" means CITY's authorization for CONTRACTOR to provide the Services defined In accordance with the CITY's Purchase Order sent to CONTRACTOR. E. `Servlce(s)" means the work which CONTRACTOR is to perform for CITY as set forth in Exhibit Al In compliance with the Performance Standards of Exhibit A2 and the Maintenance Agreement of Exhibit A3. F. 'Expiration Date" Is defined as set forth on the first page of this Contract. 2. TERM OF AGREEMENT The tern of this Contract shall begin on the Effective Date, and continue to the Expiration Date. The Effective Date of this Contract shall be the date of the last of the parties to sign, unless otherwise stated. If this Contract is renewable, It shall only be renewed at CITY's sole discretion. 3. PRICING A. Prices set forth on Exhibit A4 shall remain fixed for the duration of this Contract except as provided herein. B. The price charged CITY for any Service shall always be CONTRACTOR's lowest price charged any customer for that equivalent Service regardless of any special terms, conditions, rebates, or allowances of any nature. If CONTRACTOR sells any Service to any customer at a price less than that set forth herein, CONTRACTOR shall adjust its price to the tower price for any un-Invoiced Service and for all future Invoices for such Service. For purposes of comparing price under this Paragraph, the price and/or conversion costs of Services shall include those CONTRACTOR cost components which are generic to the Services as compared to other similar services generally provided by CONTRACTOR. Such comparison shall be made to the extent Services have similar characteristics, such as labor rates, turnkey material costs, storage expenses, or other specific comparison criteria agreed upon by the parties. C. In the event CONTRACTOR offers a lower price, either as a general price drop or only to some customer(s) for any reason, CONTRACTOR shall immediately Inform CITY of this price and rebate to CITY an amount equal to the difference In the price paid by CITY and the lower price for all such Services provided during the preceding thirty (30) days. D. All Applicable taxes and other charges such as duties, customs, tariffs, Imposts, and government Imposed surcharges paid by CONTRACTOR shall be stated separately on CONTRACTOR's Invoice and bome by CONTRACTOR. In the event that CITY is prohibited by law from remitting payments to the CONTRACTOR unless CITY deducts or withholds taxes therefrom on behalf of the local taxing Jurisdiction, then CITY shall duly withhold such taxes and shall remit the remaining net Invoice amount to the CONTRACTOR. CITY shall not reimburse CONTRACTOR for the amount of such taxes withheld. E. The purchase of equipment, materials, and/or service by the CITY may be exempt from the payment of excise, transportation and sales lax Imposed by the federal, state and/or other city governments. Upon request, applicable federal excise exemption certificates will be furnished to CONTRACTOR. F. Additional costs including such taxes, surcharges and delivery costs, except those described on Exhibit A4, will not be paid or reimbursed without CITY's prior written approval. G. CITY reserves the right to have CONTRACTOR's records Inspected and audited to ensure compliance with this Contract. At CITY's option or upon CONTRACTOR's written demand, such audit will be performed by an Independent third party at CITY's expense. However, If CONTRACTOR Is found to not be complying with this Contract In any way, CONTRACTOR shall reimburse CITY for all costs associated with the audit, along with any discrepancies discovered, within thirty (30) days after completion of the audit. The results of such audit shall be kept confidential by the auditor to the extent allowed by taw and, If conducted by a third party, only CONTRACTOR's failures to abide by the obligations of this Contract shall be reported to CITY. 4. INVOICING AND PAYMENT A. Payment for Services as specified In the contract shall be processed promptly after performance of Services and after receipt of properly prepared lnvoice(s). Original Invoices shall be submitted and shall Include: purchase agreement number from the Purchase Order, purchase order number, line item number, Order number, part number, complete bill to address, description of Services, quantities, unit price, extended totals, and any applicable taxes or other charges. For payment, Contractor must render original invoice to the City of Melbourne, Accounts Payable Division, 900 East Strawbridge Avenue, Melbourne, Florida 32901. B. CONTRACTOR shall be responsible for and hold the CITY harmless for any and all payments to CONTRACTOR's vendors or subcontractors utilized In the performance of the Services. C. Discounts for prompt payment will not be considered In bid evaluations, unless otherwise specified. Offered discounts, however, will be taken if payment Is made within the discount period. D. Payment is made when CITY's check is mailed or EDI funds transfer initiated. E. CITY is a local governmental entity subject to the Local Government Prompt Payment Act, §218.70, at seq.. Fla. $tat. and payment by CITY shall be made In compliance with said Act- Late charges may be assessed subject to said Act but only to the extent set forth in this Contract. F. No payments shall be made in advance of acceptance of services not covered under this Contract nor for Services not acceptable to CITY. G. CONTRACTOR agrees to Invoice CITY no later than sixty (60) days after performance of Services. CITY will not be obligated to make payment against any Invoices submitted after such period. H. Payment by the CITY shall be subject to approval and acceptance of Services by CITY. Notwithstanding the foregoing, CITY's payment shall not constitute acceptance. 5. NON -APPROPRIATION — AII funds for payment by CITY under this Contract are subject to the availability of an annual appropriation for this purpose by the Melbourne City Council. In the event of non -appropriation of funds by the Melbourne City Council for the Services provided under this Contract, CiTY will terminate this Contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then - current year for the Services covered by this Contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Contract, CONTRACTOR on thirty (30) days prior written notice shall accept cancellation, but failure to give such notice shall be of no effect and CITY shall not be obligated under this Contract Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 2 of 17 10v beyond the date of termination. 6. NON -EXCLUSIVITY The right to provide the Services, which will be granted under this Contract, shall not be exclusive. The CITY reserves the right to competitively bid any Services from another provider when it Is In the best interest of CITY. 7. TERMINATION A. CITY may terminate this Contract or any Purchase Order Issued, or any part thereof, at any time for Its sole convenience by giving thirty (30) days written notice of termination to CONTRACTOR. B. CITY may terminate this Contract upon written notice to CONTRACTOR In the event CONTRACTOR defaults on any of the terms and conditions of this Contract and such failure continues for a period of fifteen (15) days following notice from CITY specifying the default. C. Notwithstanding the foregoing, CITY may immediately terminate this Contract, without providing CONTRACTOR with notice of default or an opportunity to cure, If CITY determines that CONTRACTOR has felled to comply with any of the terms and conditions of this Contract related to safety, indemnification or insurance coverage. D. Notwithstanding the foregoing, CITY reserves the right to Immediately terminate this Contract by providing written notice to CONTRACTOR but without an opportunity to cure if CITY determines CONTRACTOR knowingly furnished any statement, representation, warranty or certification in connection with the solicitation of CONTRACTOR's bid or this Contract, which representation was materially false, deceptive, incorrect, or incomplete. E. Notwithstanding the foregoing, CITY reserves the right to Immediately terminate the contract by providing written notice to CONTRACTOR if the State of Florida or the federal government enacts a law, which removes or restricts the authority of CITY to conduct all or part of Its function. F. Upon receipt of such notice of termination, CONTRACTOR shall: (1) discontinue the terminated work in accordance with CITY's instructions, (2) thereafter perform only such portion of the work not terminated, (3) not place further orders or enter into further subcontracts for Services relating to this Contract, and (4) terminate all existing orders and subcontracts insofar as such orders and subcontracts relate to the performance of this Contract. G. There shall be no termination charges for Services not yet provided. The CITY will be responsible for payment of authorized Services already provided by CONTRACTOR but not yet Invoiced, provided such Services have been approved by the CITY. Upon payment of CONTRACTOR's claims, the CITY shall be entitled to all work and materials paid for, H. Before assuming any payment obligation under this section, the CITY may inspect CONTRACTOR's work In process and audit all relevant documents prior to paying CONTRACTOR's Invoice. I. There shall be no charges for termination of orders for Services. Notwithstanding anything to the contrary, CONTRACTOR shall not be compensated in any way for any work done after receipt of CITY's notice, nor for any costs Incurred by CONTRACTOR's suppliers or subcontractors after CONTRACTOR receives the notice, nor for any costs CONTRACTOR could reasonably have avoided. J. Notwithstanding anything else In this Contract, failure to meet the performance date(s) In this Contract shall be considered a material breach of contract and shall allow CITY to terminate the order for the Services and/or any subsequent Orders in the Purchase Order without any liability. 8. FORCE MAJEURE Neither party shall be responsible for its failure to perform due to causes beyond Its reasonable control such as acts of God, fire, theft, war, riot, embargoes, or acts of civil or military authorities. If Services are to be delayed by such contingencies. CONTRACTOR shall immediately notify CITY In writing and CITY may either (1) extend time of performance; or (ii) terminate all or part of the uncompleted portion of the Purchase Order at no cost to CITY. 9. SCHEDULING AND ORDERS A. CONTRACTOR shall promptly perform Services as scheduled or shall promptly notify the CITY If unable to perform any scheduled Services and shall state the reasons. B. CITY may place any portion of an Order on hold by notice which shall take effect Immediately upon receipt. Orders placed on hold will be rescheduled or canceled within a reasonable time. C. CITY shall have no obligation with respect to the purchase of Services under this Contract until such Services are specified in an issued Purchase Order. D. CONTRACTOR, in performing work under this Contract, shall provide and maintain during the life of this Contract, equipment and staff sufficient in number, condition and capacity to efficiently perform the work and provide the Services required by this Contract. 10. WARRANTY A. CONTRACTOR represents and warrants that all Services provided shall be performed In a workmanlike and competent manner in accordance with the highest professional standards in CONTRACTOR's trade or industry, and shall meet the descriptions and specifications provided on Exhibit Al and the performance standards stated in Exhibit AZ CITY may Inspect and test all Items and review Services at reasonable times in such manner as shall not unreasonably hinder or delay CONTRACTOR's performance. All Items and Services shall be received subject to CITY's inspection, testing, approval, and acceptance at CITY's premises notwithstanding any inspection or testing at CONTRACTOR's premises or any prior payment for such Services. Items rejected by CiTY as not conforming to this Contract or specifications, whether provided by CITY or furnished with the Item, may be returned to CONTRACTOR at CONTRACTOR's risk and expense and, at CiTY s request, shall Immediately be repaired or replaced. B. CONTRACTOR makes the following warranties regarding Items fumished hereunder, which shall survive any delivery, Inspection, acceptance, payment, or resale of the Services and Items: (i) Items will not infringe any party's Intellectual property rights; (i) CONTRACTOR has the necessary right, title, and interest to provide said Items to CiTY, and the Items will be free of liens and encumbrances; (W) Items are new, and of the grade and quality specified; (N) Items are free from defects in workmanship and material, conform to all samples, drawings, descriptions, and specifications furnished or published by CONTRACTOR, and to any other agreed -to specifications; and (v) Items conform to the manufacturing quality provisions set forth In Exhibit A2. C. If CONTRACTOR breaches any of the foregoing warranties, or Items are otherwise non -conforming, during a period of three (3) years after CITY's acceptance of Services. CONTRACTOR shall, at CITY's option, (€) promptly correct any non -conforming or defective workmanship at no additional cost to the CITY; or (I!) CONTRACTOR shall promptly repair, replace, or refund the amount paid for such Items and Services; and (G€) shall pay to CITY all incidental and consequential damages arising from breach of the foregoing warranties. CONTRACTOR shall bear the cost of shipping and risk of loss of all defective or non- conforming Items while In transit. Notwithstanding the foregoing, the parties agree that the term of the manufacturer's standard warranty shall apply to all manufacturing defects. 11. INDEPENDENT CONTRACTOR In performing Services under this Contract, CONTRACTOR is an independent contractor and its personnel and other representatives shall not act as nor be agents or employees of the CiTY. As an independent contractor, CONTRACTOR will be solely responsible for determining the means and methods for performing the required Services. CONTRACTOR shall have complete charge and responsibility for personnel employed by CONTRACTOR; however, the CITY reserves the Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 3 of 17 11"M?4 right to Instruct CONTRACTOR to remove from the CITY's premises Immediately any of CONTRACTOR's personnel who are in breach of Paragraph 17 herein. Such removal shall not relieve CONTRACTOR's obligation to provide Services under this Contract. 12. SECURITY CONTRACTOR confirms that employees of CONTRACTOR performing work at the CITY's facilities have no record of criminal convictions Involving drugs, assault or combative behavior, or theft within the last five years. CONTRACTOR understands that such employees may be subject to criminal history investigations by the CITY at the CITY's expense and may be denied access to the CITY's facilities if any such criminal convictions are discovered. 13. OWNERSHIP AND BAILMENT RESPONSIBILITIES A. Any specifications, drawings, schematics, technical Information, data, tools, dies, patterns, masks, gauges, computers, test equipment, and other materials furnished or paid for by CITY shalt: (1) remain or become the CITY's property; (11) be used by CONTRACTOR exclusively for CITY's orders; (Ili) be clearly marked as C17Y's property and segregated when not in use; (iv) be kept In good working condition at CONTRACTOR's expense; and (v) be shipped to CITY promptly on demand. B. CONTRACTOR shall Insure CITY s personal property and be liable for loss or damage while in CONTRACTOR's possession or control, ordinary wear and tear excepted. 14. ASSIGNMENT OF INTELLECTUAL PROPERTY CONTRACTOR hereby assigns to CITY all right, title, and Interest to all intellectual property created by the CONTRACTOR arising out of orutiiized by the CONTRACTOR in the performance of this Contract and the ownership of the Intellectual property shall be vested solely In the CITY. In respect to copyrights, this assignment shall be effective for the entire duration of the copyrights and shall include, but not be limited to, all rights to derivative works. The CONTRACTOR waives all rights of attribution and integrity for specific works created by CONTRACTOR under this Contract, 15. INTELLECTUAL PROPERTY INDEMNIFICATION CONTRACTOR shall defend, indemnify, and hold CITY and its employees, officers, agents, representatives, and subcontractors harmless from any costs, expenses (Including reasonable attorneys' fees), losses, damages, or liabilities incurred because of actual or alleged infringement of any patent, copyright, trade secret, trademark, maskwork, or other Intellectual property right, arising out of the use or sale of Items or CONTRACTOR's Services. If an Injunction Issues as a result of any such claim or action, CONTRACTOR agrees at CONTRACTOR's expense and CITY's option to either: (1) procure the right to continue using Items; (ii) replace them with non -infringing Items; (Ili) modify them so they become non - infringing; or (iv) refund to the CITY the amount paid for any Items returned to CONTRACTOR or for any Item destroyed and for Services connected therewith. 16. GENERAL INDEMNIFICATION CONTRACTOR shall, to the fullest extent permitted by law, protect, defend. Indemnify, and hold CITY and its employees, officers, agents, representatives, and subcontractors harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments, and the associated costs and expenses (including attorney's fees), which may hereafter Incur, become responsible for, or pay out as a result of: death or personal Injury (including bodily Injury) to any person, destruction or damage to any property, contamination of or adverse effects on the environment, and any clean up costs in connection therewith, or any violation of law, governmental regulation or orders, to the extent caused by (1) CONTRACTOR's breach of any term or provision of this Contract; (11) any negligent or willful acts, errors, or omissions by CONTRACTOR. Its employees, officers, agents, representatives, or subcontractors in the performance of this Contract; or (Ili) dangerous defects In Items. In agreeing to this paragraph the CITY does not intend to alter, extend or waive any defense of sovereign Immunity to which it may be entitled under the Florida Constitution, §768.28. Fla. Stal. or otherwise provided. 17. COMPLIANCE WITH LAWS A. CONTRACTOR shall comply with all national, state, and local laws and regulations governing the manufacture, transportation, and/or sale of items and/or the performance of services in the course of this Contract. Lack of knowledge by CONTRACTOR shall in no way be cause for relief from responsibility. These may include, but are not limited to, Department of Commerce, Environmental Protection Agency, and Department of Transportation regulations applicable to Hazardous Materials and all Immigration, employment and labor laws governing CONTRACTOR's personnel providing Services to the CITY. B. CONTRACTOR represents and warrants that it is In compliance with Equal Employment Opportunity regulations, unless exempted or inapplicable. C. CONTRACTOR represents and warrants that the Items supplied and Services provided to the CITY shall conform In all respects to the standards set forth In the Occupational Safety and Health Act 1970, as amended. Upon request of CITY, CONTRACTOR shall provide copies of CONTRACTOR's OSHA 300 safety logs (summaries only) and the safety logs (summaries only) of CONTRACTOR's subcontractors for the past twenty-four (24) months. D. CITY actively supports the Immlgratlon and Nationality Act (INA), which Includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). CONTRACTOR shall establish appropriate procedures and controls so no services or products under this Contract will be performed or manufactured by any worker who Is not legally eligible to perform such services or employment. CONTRACTOR shall register with the E-Verify system operated by the United States Department of Homeland Security and shall verify through the E-Verify system the employment eligibility of persons providing labor, supplies or services in exchange for salary, wages or other remuneration as required by §448.095, Fla. Stat. Notwithstanding anything to the contrary In this Contract, the CITY reserves the right to terminate this Contract in accordance with §448.095, Fla. Stat. E. Public Entity Crimes Statement. CONTRACTOR represents and warrants that is not listed on the State of Florida's convicted vendor listing established under the provisions of §287.133, Fla. Stat., whereby the State of Florida maintains a convicted vendor listing which excludes those listed suppliers from bid submittal for a period of thirty-six (36) months. CONTRACTOR acknowledges the continuous duty to disclose to the CITY if CONTRACTOR or any of its affiliates are placed on the convicted vendor fist. F. CONTRACTOR shall maintain, for the duration of this Contract, all valid licenses and certificates required for the performance of work and Services and provision of Items. G. Scrutinized Companies. Subject to Odebracht Construction, Inc., v. Prased and Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation and their progeny, as applicable, CONTRACTOR certifies that it (a) has not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged in a boycott of Israel; (b) has not been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List; and Chas not been engaged.in business operations in Cuba or Syria in violation of §287.135. Fla. Stat. If the CITY determines that CONTRACTOR has falsely certified facts under this sub -paragraph or if CONTRACTOR Is found to have been placed on the Scrutinized Companies Lists or Is engaged in a boycott of Israel after execution of this Contract, CITY will have all rights and remedies to terminate this Contract Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 4 of 17 1 NOR(" consistent §287.135, Fla. Stat. CITY reserves all rights to waive certifications required by this paragraph on a case -by -case exception basis pursuant to §287.135, Fla. Stat.. H. Foreign Gifts and Contracts. CONTRACTOR must comply with any applicable disclosure requirements In §286.101, Fla. Stat. I. Foreign Country of Concern. CONTRACTOR represents and warrants that it is not an entity that gives or will give access to an individual's personal identifying information in violation of §287.138, Fla. Stat J. Environmental and Social Government and Corporate Activism. Pursuant to §287.05701, Fla. Stat., CITY cannot give preference to a vendor based on social, political or ideologic Interests as set forth therein. Violations of this restriction will result in termination of this Contract and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. K. CONTRACTOR agrees to abide by all of CITY's rules and regulations while on CiTY's premises or performing Services Including, but not limited to, safety, health and Hazardous Material management rules, and rules prohibiting misconduct on CITY's premises such as use of physical aggression against persons or property, harassment, and theft. CONTRACTOR will perform only those Services identified on Exhibit At and will work only in areas designated for such Services. CONTRACTOR shall take all reasonable precautions to ensure safe working procedures and conditions for performance on CITY's premises and shall keep CITY's site neat and free from 18. A. B. C. F7 debris. Failure to comply with this Paragraph shall be considered a breach of contract RETENTION AND AUDIT CONTRACTOR understands and agrees that CITY is a public entity subject to the Florida Public Records Law and, as such. CONTRACTOR agrees to retain public records, and upon request by CiTY provide to CITY those public records requested, which retention and access shall be pursuant to Chapter 119, Fla. Slat.. The CITY reserves the right to audit the records of CONTRACTOR for the Services and Items provided under this Contract at any time during the performance and term of this Contract and for a period of five (5) years after completion and acceptance by CITY. If required by CITY, CONTRACTOR agrees to submit to an audit by an independent certified public accountant selected by CITY. CONTRACTOR shall allow CITY to Inspect, examine and review the records of CONTRACTOR in relation to this Contract at any and all times during normal business hours during the term of this Contract. Records relating to the performance of this Contract shall be made available to CITY for audit upon reasonable notice. A request to Inspect or copy public records relating to this Contract for Services must be made directly to the CITY and CONTRACTOR shall not release a public record In response to a request arising from anyone other than the CITY. To the extent CONTRACTOR Is "acting on behalf of the CITY" CONTRACTOR shall be subject to the following provisions: (i) As required by §119.0701, Fla. Stat., CONTRACTOR shall (1) Keep and maintain public records required by the CITY to perform the Services. (2) Upon request from the CITY, provide the City with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. (3) Ensure that public records are exempt or confidential and exempt from public records disclosure requirements that are not disclosed except as authorized by law for the duration of the Contract and following completion of the Contract If the CONTRACTOR does not transfer the records to the CITY. (4) Upon completion of the Contract, transfer, at no cast, to the CITY all public records In possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the Service. If the CONTRACTOR transfers all public records to the CITY upon completion of the Contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records. In a format that Is compatible with the information technology systems of the CITY. (a) The CONTRACTOR who fails to produce the public records as required by §119.0701, Fla. Stat. may be subject to penalties pursuant to §119.10, Fla. Slat. and civil action pursuant to §119,0701(4) and such failure to produce shall be considered a material breach of this Contract by CONTRACTOR. In the event of such breach, in addition to all other remedies available, CONTRACTOR shall pay to CITY all incidental and consequential damages arising from such breach, including attomeys' fees and costs Incurred by the CITY in defending a public records action as well as those assessed against the CITY In such public records action. (71) The term "public record" as used In this section Includes all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics or means of transmission, made or received pursuant to law or ordinance and in connection with the transaction of official businessby or on behalf of the CITY. Guidance as to whether something Is a 'public record," whether the public record is confidential or exempt, and the applicability or Implementation of the provisions of Florida public records law, may be sought from the CITY's City Attorney's Office or the City Clerk's Office; provided that the CONTRACTOR hereby agrees that neither the City Attorney's Office nor the City Clerk's Office is providing legal orother advice to be relied upon by CONTRACTOR. 19. MERGER, MODIFICATION, WAIVER, AND REMEDIES A. This Contract contains the entire understanding between the CITY and CONTRACTOR with respect to the subject matter hereof and merges and supersedes all prior and contemporaneous agreements, dealings and negotiations. No modification, alteration, or amendment shall be effective unless made In writing, dated and signed by duly authorized representatives of both parties. Any additional or different terms In CONTRACTOR'S documents are deemed to be material alterations and notice of objection to and rejection of them is hereby given. B. CONTRACTOR shall not substitute the Items. C. In the event of any conflict between or among this Contract or any ambiguity or missing specifications or Instruction, the following priority Is established: • First, the "Supplemental Provisions" set forth as Exhibit B to the Contract; • Second, the "Federal Provisions' set forth as Exhibit C to the Contract; • Third, these 'Standard Terns and Conditions of Purchase Agreement — Services" Incorporated by reference into the Contract. • Fourth, CITY's Invitation to Bid orCITY's Request for Proposal, as the case may be, with supporting addenda and CONTRACTOR' bid but only to the extent responsive to CITY's request, collectively set forth as Exhibit 0 to the Contract. D. No waiver of any breach hereof shall be held to be a waiver of any other or subsequent breach. E. CITY's rights end remedies herein are in addition to any other rights and remedies provided by law or in equity. F. If any provision of this Contract is determined by a court of competent jurisdiction to be Invalid. Illegal, or unenforceable, such determination shall not affect the validity of the remaining provisions unless CITY determines in Its discretion that the court's determination causes this Contract to fall In any of its essential purposes. G. Notwithstanding anything else contained In this Contract, CITY and CONTRACTOR specifically agree that failure to perform certain obligations undertaken in connection with this Contract would cause irreparable damage, and that monetary damages Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 5 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. i ,?rill? J2A would not provide an adequate remedy in such event. The parties further agree that CONTRACTOR's failure to complete performance of the Services called for In this Contract or on any project Ordered under this Contract, or failure to perform or effect performance of Services as contracted are such certain obligations. Accordingly, It is agreed that, in addition to any other remedy to which the non -breaching party may be entitled, at law or in equity, the non -breaching party shall be entitled to an order of specific performance to compel performance of such obligations. 20. DISPUTES In case of dispute arising under this Contract between the parties, the decision of the CITY of Melbourne shall be final and binding of both parties. 21. ASSIGNMENT; SUBCONTRACTORS CONTRACTOR may neither assign nor factor any rights in nor delegate any obligations under this Contract or any portion thereof without the written oonsentof the CITY. CITY may cancel this Contract for cause should CONTRACTOR attempt to make an unauthorized assignment of any right or obligation arising hereunder. This Contract may be amended only In writing signed by CONTRACTOR and CITY and subject to with the same degree of formality evidenced in this Contract. Nothing contained In this Contract will be construed as establishing any contractual relationship between CITY and any subcontractor of CONTRACTOR. CONTRACTOR will be fully responsible to CITY for the acts and omissions of the CONTRACTOR's subcontractor(s) and their employees. When subcontracting is allowed, any changes in subcontractors shall require prior written approval by the CITY. 22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES CITY encourages and agrees to CONTRACTOR extending the pricing, terms and conditions of this Contract to other governmental entities at the discretion of CONTRACTOR. 23. APPLICABLE LAW This Contract Is to be construed and interpreted according to the laws of the State of Florida and all legal proceedings regarding this Contract shall be filed In Brevard County, Florida. 24. HEADINGS The headings provided In this Contract are forconvenlence only and shall not be used in interpreting or construing this Contract. 25. SURVIVAL The provisions of Paragraphs 1 (Definitions), 10 (Warranty), 13 (Ownership and Bailment), 14 (Assignment of intellectual Property), 15 (Intellectual Property Indemnification), 16 (General Indemnification), 18 (Retention and Audit), 19 (Merger, Modification, Waiver and Remedies), 20 (Disputes), 23 (Applicable Law), 24 (Headings), and 25 (Survival), and, as applicable, Exhibit Al (Product Description and Statement of Work), Exhibit A2 (Performance Standards), Exhibit A3 (Maintenance Agreement except for Technical Support which expires or terminates), Exhibit C (Federal Compliance Provisions), all of which will survive any termination or expiration of this Contract. 26. TIME Time Is of the essence in the performance of this Contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AS FOLLOWS: City Clerk 900 East Strawbridge Avenue Melbourne, Florida 32901 Telephone: 321-608-7220 Email: ofi'Citv.Clerk rDMLBFL.org THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 6 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 126;" 3934, EXHIBIT Al STATEMENT OF WORK Awarded BIDDER (hereinafter referred to as the "CONTRACTOR") shall furnish and deliver all Services (and Items incidental thereto) set forth herein, in compliance with the Performance Standards/Quality Requirements of Exhibit A2. 1. GENERAL DESCRIPTION CONTRACTOR shall furnish all labor, materials, equipment, supervision and transportation necessary for as needed concrete restoration. 11. GENERAL A. CONTRACTOR shall have full and direct responsibility for the performance and completion of work under the awarded contract and for any act or neglect of the CONTRACTOR, his agents and employees. He/She shall bear all losses, if any, resulting on account of the amount and character of the work, or because the conditions under which the work must be done are different from what were estimated or anticipated by him/her, or because of weather, floods, elements or other causes. B. CONTRACTOR must have sufficient manpower and equipment to be able to respond as outlined in these bid specifications. The unit price shall include maintenance of traffic (MOT) as required by all City, County and Florida Department of Transportation (FDOT) regulations. If MOT Is not correctly set up, City shall have the right to stop work until MOT is correct. This will be done at no additional cost to the CITY. C. CONTRACTOR must have proprietary rights to a Volumetric Mobile Concrete Mixer Truck that carries a minimum truck size load capacity of 9 cubic yards and allocated materials on site, i.e. cement, water, sand, stone, and fiber mix etc. to ensure a 9 cubic yard load and timely response for standard and/or emergency operations. D. CONTRACTOR shall provide the CITY verification of concrete strength under special consideration or event for any project completed under this contract. E. CONTRACTOR hereby agrees to complete assigned work orders within two (2) weeks for sidewalks and curbing, and one (1) week to complete driveways and aprons, subject to such extensions of time are provided by general and special conditions. Failure to complete assigned work orders in a timely manner may result in the termination of the purchase order/contract. F. CONTRACTOR shall fully comply with all local, State, and Federal laws, including all codes, ordinance and regulations applicable to this contract and work to be done thereunder, which exist or which may be enacted later by governmental bodies having jurisdiction or authority for such enactment. G. During performance and up until the date of final acceptance, the CONTRACTOR shall be under the absolute obligation to protect the finished work against any damage. In the event such damage, the CONTRACTOR shall promptly replace or repair such work, whichever the City shall determine to be preferable. All risk of loss or damage to the work shall be borne solely by the CONTRACTOR until final completion and acceptance of all work by the City. H. CONTRACTOR shall be responsible to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect persons and property while said persons or property are approaching or leaving the work site or any area adjacent to the said work site. No separate/additional compensation shall be paid to the CONTRACTOR for the installation or maintenance of any warning devices, barricades, lights, signs and other precautionary measure required by law. Concrete Curb, sidewalk, Driveway, Restoration and Unclassified Excavations Page 7 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. i Apdk2PgA I. Work under the awarded contract includes the CONTRACTOR being responsible for removing all form work and cleanup of the work area, including backfill and compaction to the satisfaction of the CITY. J. CONTRACTOR shall provide and maintain during the life of the awarded contract, equipment sufficient in number, condition and capacity to efficlently perform the work required by the awarded contract. All company vehicles must be maintained in good repair, appearance, and sanitary condition at all times. The CITY reserves the right to inspect the CONTRACTOR'S equipment at any time to ascertain said condition. K. CONTRACTOR must provide a company asset list including pictures of Volumetric Mobile Mixer Truck(s), Vehicle Identification Number(s) and License Plate Numbers at time of bid submittal. Vehicles shall be marked with the Company logo and the logo shall contain the company name and contact number. Logo shall be readable and visible to the public. L. CONTRACTOR employees should be neat in appearance, be identifiable as company employees and wear appropriate safety gear at all times. M. The CITY may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the contract documents including but not limited to failure to supply sufficient skilled workers, suitable materials, and equipment or otherwise violates in any substantial way any provisions of the contract documents. The CITY shall have the right to terminate said agreement by giving the CONTRACTOR ten (10) days written notice and terminate the services of the CONTRACTOR from the site and take possession of the work. The CITY will determine in its sole judgment what constitutes a satisfactory level of service. N. CONTRACTOR shall coordinate with business/property owner(s) prior to beginning of any work that requires closing or replacing driveways. III. SCOPE OF WORK A. Concrete sidewalk a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall grind roots to the depth required (4", 6" or 8" deep as required) so the raw earth is completely level prior to the pouring of concrete. c. CONTRACTOR shall set forms to finish grade. d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4", 6"or 8" thick as required). e. CONTRACTOR shall finish to match existing sidewalk, including fill as necessary. f. CITY shall provide CONTRACTOR the truncated dome detectable warning mats for installation by CONTRACTOR. Installation of detectable warning mats shall be in accordance with Section 527-3 of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2010 and Index 304 of the FDOT Design Standards, 2008. (Or latest version.) B. Concrete curb (Miami and "F" ) a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall set forms to finish grade. c. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete. d. CONTRACTOR shall finish to match existing curbing, including fill as necessary. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 8 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. I "rg?9248 C. Concrete driveway a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall grind roots to the depth required (4", 6" or 8" deep as required) so the raw earth is completely level prior to the pouring of concrete. c. CONTRACTOR shall set forms to finish grade. d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4" or 6" thick as required.) e. CONTRACTOR shall finish to match existing driveway, including fill as necessary. CONTRACTOR shall finish to match existing concrete retaining wall, including fill as necessary. D. Unclassffled Excavations Unclassified excavations is defined as any material required to be removed prior to the concrete work commencing at a location. This may include, but is not limited to dirt, sand, rock and lime rock. E. Forms Forms shall be set to finished grade and line shall be securely staked to prevent displacement during placing of concrete. Forms may be set off from the original line to provide room for existing trees as directed by the CITY. There will be no additional charge for changing original line of sidewalk. Subgrade and forms shall be thoroughly watered Immediately prior to placing of concrete. After forms are pulled, a clean top soil shall be used as a backfill. All excavated areas and voids adjacent to concrete work shall be completely backfilled and compacted as needed to prevent cracking or settling of new concrete. No additional payment will be made for this work. IV. SITE REQUIREMENTS A. Work Site a. Utility locates: CONTRACTOR shall be required to have all utilities located at least forty-eight (48) hours prior to the start of any work. It is the responsibility of the CONTRACTOR to ensure the proper utility is notified as soon as any utility is cut or damaged. b. The CITY marks the saw cut and excavation limit on each repair site. All concrete shall be saw cut along neat lines prior to removal. Any pavement that is chipped or broken outside the saw cuts due to CONTRACTOR error will be repaired at the CONTRACTOR expense. c. CONTRACTOR shall excavate earth in excess of that required for back filling shall be removed from the job site and disposed of in a satisfactory manner except In locations where, in the judgment of the CITY and property owner, it can be neatly spread over the adjacent area. No stock piling of material in the street will be allowed after work hours. d. CONTRACTOR shall establish positive drainage during the initial phase of grading and maintained throughout construction. The CONTRACTOR will determine grading by use of an instrument as requested by the CITY. Any completed areas within the project that do not have positive drainage will be removed and corrected at the CONTRACTOR'S expense. e. CONTRACTOR shall remove all trees, stumps, brush and other debris or deleterious material generated as part of this work. Proper disposal of these items is the sole responsibility of the CONTRACTOR. Disposal must be completed upon job completion. f. CONTRACTOR shall protect trees that are to remain free from damage. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavallons Page 9 of 17 City of Melbourne & Palm Bay Concrete r£ Materials, Inc. 123114$0-RO g. Inspections will be performed by the CITY upon receipt of invoice to be paid for each location. Any discrepancies will be noted and forwarded to the CONTRACTOR within five (5) days of that inspection. If the work is accepted, the invoices shall be processed. h. CONTRACTOR shall ensure all debris, Including but not limited to, broken concrete, roots, other vegetation, wood chips and general rubble shall be completely removed from the site and disposed of by the CONTRACTOR daily. If stockpiling of debris occurs, the CITY will remove the debris and deduct the cost from CONTRACTOR'S payments. I. No material which has been used for any temporary purpose, is to be incorporated in the permanent structure without written consent from the CITY. B. Clean-Uo CONTRACTOR shall remove ail stakes, excess concrete spills, rubble, debris and other undesirable material from the site. The entire work site shall be completely free of foreign material, caused by the CONTRACTOR'S activity, and shall be entirely restored to its original condition or better. C. Traffic Control a. CONTRACTOR shall provide warning signs, barricades, channeling devices, and flagmen as needed to provide for the safety of the traveling public. Traffic control may include, but is not limited to, lane closures, detours, and road closings. A traffic control plan in conformance with the latest version of the Florida Department of Transportation's (FDOT) Manual of Uniform Traffic Control Devices (MUTCD) must be submitted for each separate street where work will be performed as deemed necessary by CITY. Free- hand drawings will not be accepted. b. CONTRACTOR shall ensure that each person whose actions affect temporary traffic control zone safety, from upper level management through field personnel, has received training appropriate to the job decisions each individual is required to make concerning traffic control. c. CONTRACTOR shall ensure all sidewalk repairs will have Type 1 barricades with 'Sidewalk Closed" signs at the beginning and end of each excavation site. d. CONTRACTOR shall ensure that no street shall be closed without written approval from the CITY. CONTRACTOR shall ensure all construction signing shall be reflective and "like new" in appearance. The CITY may require that the signs be replaced which do not meet these requirements. f. CONTRACTOR shall ensure construction signing shall not be removed from work zone until approved by the CITY. D. Temaorary Construction Water Meter CONTRACTOR shall make arrangements with Meter Services for a temporary water meter. CONTRACTOR is responsible for paying temporary meter deposit and all water required for this project. E. Concrete Mix CONTRACTOR shall provide the CITY verification of concrete strength under special consideration or event for any project completed under this contract. Concrete used for each project under this contract shall be a minimum 3,000 psi, fiber -reinforced concrete. F. Equipment Left on Jobsite CONTRACTOR shall ensure all equipment left on jobsite overnight shall be located within the lane closure and safely barricaded. If the lane closure is not large enough to safety accommodate the equipment, it will not be allowed to be left in the street. Concrete Curb, Sidewalk, Driveway. Restoration and Unclassified Excavations Page 10 of 17 City of Melbourne & Palm Say Concrete & Materials, Inc. 1244KV ?QR4 G. Handicap Ramos CONTRACTOR shall construct ramps in accordance with the FDOT Roadway and Traffic Design Standards and the Florida Accessibility Code for Building Construction, most current edition. Placement of ramps shall be coordinated with the City. H. Stamoina CONTRACTOR shall ensure areas of pavement and median pavement for this project will receive a stamped and patterned surface with coloring in accordance with local, state and federal requirements. This includes their requirements for expansion joints, joint filler board, welded wire fabric and concrete mix. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 11 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 12AW 204 EXHIBIT A4 PRICING SCHEDULE CONTRACTOR shall provide all Services (and Items Incidental thereto) and work set forth in this Contract for the cost stated below. Price to Include all gradinglexcavating aspects, site preparation, leveling, fill work, and all labor and material. ESTIMATED EXTENDED ITEM DESCRIPTION ANNUAL UOM UNIT PRICE PRICE # QUANTITY Cubic 1 3000 PSI concrete, including 500 $202.68 $101,340.00 fiber mix Yard 2 Sidewalk, 4"— remove, form 1350 Square $10.79 $14.566.50 and pour Foot 3 Sidewalk, 4"— form and pour 4000 Square $8.08 $32,320.00 Foot 4 Curb, Miami — remove, form 150 Linear $49.91 $7,486.50 and pour Foot 5 Curb, Miami —form and pour 400 Linear $47.21 $18,884.00 Foot 6 Curb, "F" — remove, form and 100 Linear Foot $49.91 $4,991.00 pour 7 Curb, "F" — form and pour 200 Linear $47.21 $9,442.00 Foot 8 Driveway, 4"— remove, form 250 Square Foot $10.79 $2,697.50 and pour 9 Driveway, 4" — form and pour 600 Square $8.08 $4,848.00 Foot 10 Driveway, 6"— remove, form 1750 Square $11.46 $20,055.00 and pour Foot 11 Driveway, 6" — form and pour 2000 Square Foot $8.78 $17,560.00 12 Sidewalk, 6" — remove, form 75 Square $11.46 $859.50 and pour Foot 13 Sidewalk, 6" —form and pour 300 Square $8 78 $2,634.00 Foot 14 Sidewalk, 8"— remove, form 75 Square $12.13 $909.75 and pour Foot 15 Sidewalk, 8" — form and pour 300 Square Foot $9.43 $2,829.00 16 Unclassified excavation, curb 100 Linear $4.05 $405.00 Foot Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 12 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. i 2%p6k2p9g 17 Unclassified 300 excavation, ti Square $4.05 $1,215.0Unclassified sidewalk Foot 18 Unclassified excavation, 400 Square $4.05 $1,620.00 driveway Foot 19 Root Grinding 50 Square $1.35 $67.50 Foot BID TOTAL (Items 1 thru $244,730.25 11 The City of Melbourne reserves the right to award this bid to a primary Contractor and a secondary Contractor If in the best interest of the City. If so awarded, the total scope of work will be given to the primary Contractor. City of Melbourne shall use the services of the secondary Contractor only when the primary Contractor cannot provide service to area(s) within a reasonable period of time (as determined by City of Melbourne Public works and Utilities Director.) Will Bidder be willing to serve as Secondary CONTRACTOR If not selected as Primary CONTRACTOR? ® Yes O No Optional pricing below is ancillary and will not be used as a basis of award. ITEM DESCRIPTION ESTIMATED UOM UNIT PRICE EXTENDED ANNUAL PRICE QUANTITY Installation of detectable warning mat (the truncated dome detectable warning mats will be provided by the Square 20 CITY and to be installed by 1 Foot CONTRACTOR) Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 13 of 17 12-V t§94 EXHIBIT B SUPPLEMENTAL PROVISIONS 1. Bid. This Contract is awarded based on CONTRACTOR's Bid responding to CITY's ITB. CONTRACTOR represents and warrants that all information and representations contained in the Bid is truthful to the best of CONTRACTOR's knowledge and belief and CONTRACTOR hereby restates and affirms all representations contained in the Bid. 2. Performance Bonds. No performance bonds or payment bonds are required by this Contract. 3. Notice to Parties A. Notice to the City regarding terns and conditions of the Contract and changes in address/addressee shall be directed to the City Procurement Contact as identified on the cover page of this Contract. Notice and communication with the City regarding the Services shall be directed to the City Department Contact as Identified on the cover page of this Contract. Inquiries regarding payment to CITY shall be directed to City of Melbourne, Accounts Receivable, 900 East Strawbridge Avenue, Melbourne, Florida 32901. B. Notice and communication and changes in address/addressee to the CONTRACTOR shall be directed to the CONTRACTOR Contact as identified on the cover page of this Contract. C. Notice of default or notice of termination of this Contract shall be made in writing and delivered In person or dispatched by certified mail, postage prepaid, return receipt requested and shall be addressed as follows: If to the CITY Procurement Manager Procurement Division City of Melbourne 900 East Strawbridge Avenue Melbourne, Florida 32901 If to CONTRACTOR: Palm Bay Concrete & Materials Inc. 102 E. New Haven #114 Melbourne, FL 32901 A party may unilaterally change its address or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices and other pertinent correspondence shall be addressed and transmitted to the new address. 4. Insurance Reauirements A. Commercial General Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Commercial General Liability Insurance with a limit of not less than $1,000,000 per occurrence/aggregate and a deductible amount of not more than $10,000 per claim. The Commercial General Liability insurance Policy shall be endorsed to list the CITY of Melbourne as an Additional Insured, be written on an occurrence basis, not claims made, and be issued by an insurance company licensed to do business in the State of Florida with an A.M. Best's rating of A or higher. Other specific policy endorsements may be required by the Contract, depending upon the type and scope of work to be performed. The CONTRACTOR shall require each Subcontractor to maintain Subcontractor's Commercial General Liability Insurance coverage with insurance company licensed in the State of Florida Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 14 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 12'§9*10W in amounts satisfactory to the CONTRACTOR or insure the activities of the Subcontractors in CONTRACTOR's own policy. B. Business Automobile Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Business Automobile Liability Insurance with a limit not less than $1.000,000 each accident for all owned, non -owned and hired automobiles. In the event the CONTRACTOR does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the CONTRACTOR to maintain only Hired & Non -Owned Auto Liability Insurance. C. Workers Compensation & Employer's Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Florida Workers Compensation Insurance at Statutory limits and Employers Liability Insurance with limits of at least $500,000 each accident, $500,000 each disease/employee and $500,000 per disease/policy limit. CONTRACTOR shall require their Subcontractor(s) similarly to provide Worker's Compensation Insurance for all of the latter's employees engaged in such work unless such employees are covered by the protection afforded by the CONTRACTOR's Worker's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract Is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of employees not otherwise protected. D. Proof of Insurance. CONTRACTOR shall submit proof of the required insurance to CITY in the form of Certificates of Insurance. Such certificates shall clearly show the insurance coverage required by the Contract. In the case of Commercial General Liability Insurance, a copy of the Additional Insured Endorsement page issued by the underwriting insurance company showing that the CITY of Melbourne has been listed as an Additional Insured on the policy shall accompany the Certificate of Insurance. E. All coverage for CONTRACTOR's subcontractors shall be subject to all of the requirements stated herein. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 15 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 12003W, EXHIBIT D1 INVITATION TO BID On file in Procurement Division Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 16 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 136lti'if $W EXHIBIT D3 CONTRACTOR'S RESPONSIVE BID On file in Procurement Division Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 17 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 13t*$G-;�4 PALM BAY CONCRETE & MATERIALS, INC. City of Sebastian Quote 65 Cubic Yards of Concrete with Fiber 3500psi • $202.68 per cubic yard $13,174.20 total for 65 CY 132 of 138 SEBASTIAN QHTINNIAI (ILINNAT100 fill • 1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 8, 2024 Agenda Item Title: Selection of CrowderGulf Joint Venture, Inc. (primary) and DRC Emergency Services, LLC (alternate) for RFP 24-07-RFP Disaster Recovery Debris Removal. Recommendation: Staff recommends Council approve the selection of CrowderGulf Joint Venture, Inc. (primary) and DRC Emergency Services, LLC (alternate) for Disaster Recovery Debris Removal and authorization for the City Manager to execute the agreement. Background: The City of Sebastian released Request for Proposal 24-07-RFP on March 22, 2024. Through the competitive solicitation process we received proposals from the following companies: (1) Aftermath Disaster Recovery, Inc; (2) Ceres Environmental Services, Inc.; (3) CrowderGulf Joint Venture, Inc.; (4) Custom Tree Care, Inc.; (5) DRC Emergency Services, LLC; (6) Grubbs Emergency Services, LLC; (7) Phillips and Jordan, Incorporated; (8) TRF Enterprises, Inc. The evaluation committee met on April 29, 2024 to evaluate the proposals received. Through the evaluation process, the committee scored Custom Tree Care, Inc as non -responsive for failing to submit a technical proposal and a cost proposal. The remaining seven (7) firms were evaluated and ranked in the following order: (1) CrowderGulf Joint Venture, Inc.; (2) DRC Emergency Services, LLC; (3) Ceres Environmental Services, Inc. (4) Grubbs Emergency Services, LLC; (5) TRF Enterprises, Inc.; (6)Phillips and Jordan, Incorporated; (7) Aftermath Disaster Recovery. Staff is seeking approval to enter into contract negotiations with the top two firms and for the City Manager to execute the agreement. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. RFP 24-07-RFP Disaster Recovery Debris Removal Notice of Intended Action 2. RFP 24-07-RFP Disaster Recovery Debris Removal Proposal Tabulation Administrative Services Department Review: City Attorney Review: (j U&q- Procurement Division Review, if applicable: ! 1 City Manager Authorization: r Date: ,S// /.10 2. y - . i1i ul 138 - SEBASTIAN (INTENNIAL (ELEBRATION INTENT TO AWARD Date: April 29, 2024 Solicitation #: 24-07-RFP Solicitation Title: Disaster Recovery Debris Removal Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 Notice is hereby given that the City of Sebastian intends to award an Agreement upon approval of City Council on Wednesday, May 8, 2024 at 6:00 PM EST to the following Proposer(s): CROWDER GULF JOINT VENTURE, INC. (Primary) DRC EMERGENCY SERVICES, LLC (Alternate) All City Council meetings are open to the public. If you have any questions, please don't hesitate to contact me at the following: 772-388-8231 or i ess araham(ctbcit vofseba st ian. ora. Sincerelv. DocuSigned by: `JJUxnt`,r"" D1CCC5BOC95008,, Jessica Graham, CPP13 Procurement/Contracts Manager City of Sebastian "Failure tofile a protest within the time prescribed in section 120.57(3), Florida Statutes, or.failure to post the bond or other security required by law Mthin the time allowed for filing a bond shall constitute a waiver of proceedings tinder chapter 120, Florida Statutes. " END OF DOCUMENT 134 of 138 -�SEBASTIAN QQ.(ENTENNIAI (EIEBRATION Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772)388-8231 Solicitation #: 24-07-RFP Criteria Tab #1 - Summary of Tab #2 - Qualifications Tab #3 - Technical Tab #4 -References Calculated Formula Total Solicitation Title: Disaster Debris Removal Qualifications of Team Approach Pricing Proposal Tabulation Weight 24 20 32 4 20 100 CrowderGulf Joint Venture, Inc. - 'DIRC Emergency Services, LLC Ceres Environmental Services, Inc. Grubbs Emergency Services, LLC TFR Enterprises, Inc Phillips and Jordan, Incorporated lAftermath Disaster Recovery Custom Tree Care, Inc Posting Date: April 29, 2024 I 22.00 22.00 22.00 i 20.00 22.00 I 22.00 - - - - - I--• --- 22.00 I 0.00 20.00 I 32.00 18.33 29.33 18.33 29.33 16.67 29.33 18.33 29.33 18.33 29.33 18.33 29.33 0.00 I 0.00 4.00 3.00 3.33 3.33 3.33 3.33 3.67 0.00 19.73 97.73 20.00 92.66 18.82 91.81 17.62 86.95 - 8.51 81.50 5.18 I 78.17 4.16 77.49 0.00 I 0.00 � 3 SEBASTIAN (101109IA1 (1111RA110N 1114 • M4 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 8, 2024 Agenda Item Title: Authorization of Resolution R-24-25, For Submission of a Grant Application for $500,000.00 to the State of Florida Division of Arts and Culture, Cultural Facilities Grant Program and apply approved funding of Required Matching Funds. Recommendation: Authorize submittal of a grant application for $500,000.00 to the State of Florida Division of Arts and Culture, Cultural Facilities grant program and authorize the City Manager to execute all necessary documents. Background: At the direction of Council, Staff continues to apply for grants in anticipation of the renovations to Riverview Park. The State of Florida Division of Arts and Culture has a cultural facilities grant which requires a 2 to 1 match available by July 1, 2025. The required match of $1,000,000 is already budgeted in the 2024 CIP. Public planning for this project begins May 14, 2024. Staff is seeking approval of Resolution R-24-25 to apply for the State of Florida Division of Arts and Culture, Cultural Facilities Grant, approve matching funds of $1,000,000 and authority for the City Manager to execute all necessary documents. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $1,000,000.00 Total Cost: $1,500,000.00 Funds to Be Utilized for Appropriation: Discretionary Sales Tax Attachments: Resolution R-24-25 Administrative Services Department Review: -IV 07, (,-L-- L' City Attorney Review: Procurement Division R City Manager Authorization: i Date: S/I /a 0a y 136 of 138 RESOLUTION NO. R-24-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE FLORIDA DIVISION OF ARTS AND CULTURE, CULTURAL FACILITIES PROGRAM REQUESTING $500,000.00 FOR RENOVATIONS AND UPGRADES TO RIVERVIEW PARK AND FURTHER AUTHORIZING THE AMOUNT OF $1,000,000.00 IN CITY MATCH; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has the opportunity to apply for funding in the amount of $500,000.00 for the Riverview Park renovations project, with a stipulation of a two to one funds match; and WHEREAS, the matching funds of $1,000,000.00 will be available by July 1, 2025; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. SECTION 2. AUTHORIZATION. The City Council of the City of Sebastian hereby authorizes the use of $1,000,000.00 in match funds that will be budgeted and available July 1, 2025 for the Riverview Park renovation project. SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4. SCRIVENER'S ERRORS. Sections of this Resolution 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 designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. 137 of 138 SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Dodd Vice Mayor Dixon Council Member Jones Council Member McPartlan Council Member Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of 2024. ATTEST: Jeanette Williams, City Clerk CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and Legality: Jennifer Cockcroft, Esq., City Attorney 138 of 138